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2010 2011 Total
General $46,096,000 $46,096,000 $92,192,000
Clean Water $3,075,000 $5,850,000 $8,925,000
Remediation $388,000 $388,000 $776,000
Total $49,559,000 $52,334,000 $101,893,000
Sec. 2. AGRICULTURE APPROPRIATIONS.
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this act. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2010" and
"2011" used in this act mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2010, or June 30, 2011,
respectively. "The first year" is fiscal year 2010. "The second
year" is fiscal year 2011. "The biennium" is fiscal years 2010
and 2011.
APPROPRIATIONS
Available for the Year
Ending June 30
2010 2011
Sec.
3. DEPARTMENT
OF AGRICULTURE $42,853,000 $45,628,000
Subdivision
1. Total Appropriation $42,853,000 $45,628,000
Appropriations by Fund
2010 2011
General 39,390,000 39,390,000
Remediation 388,000 388,000
Clean Water 3,075,000 5,850,000
The amounts that may be spent for
each purpose are specified in the following subdivisions.
Subd.
2. Protection Services 14,503,000 15,778,000
Appropriations by Fund
General 12,540,000 12,540,000
Remediation 388,000 388,000
Clean Water 1,575,000 2,850,000
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$388,000 the first year and $388,000
the second year are from the remediation fund for administrative funding for
the voluntary cleanup program.
$325,000 the first year and $350,000 the
second year are from the clean water fund to increase monitoring for pesticides
and pesticide degradates in surface water and groundwater and to use data
collected to assess pesticide use practices.
$375,000 the first year and $750,000
the second year are from the clean water fund to increase drinking water
protection from agricultural chemicals, primarily nitrates.
$875,000 the first year and $1,750,000
the second year are from the clean water fund for research, pilot projects, and
technical assistance related to ways agricultural practices can contribute to
restoring impaired waters.
$75,000 the first year and $75,000 the
second year are for compensation for destroyed or crippled animals under
Minnesota Statutes, section 3.737. If
the amount in the first year is insufficient, the amount in the second year is
available in the first year.
$75,000 the first year and $75,000 the
second year are for compensation for crop damage under Minnesota Statutes,
section 3.7371. If the amount in the
first year is insufficient, the amount in the second year is available in the
first year.
If the commissioner determines that
claims made under Minnesota Statutes, section 3.737 or 3.7371, are unusually
high, amounts appropriated for either program may be transferred to the
appropriation for the other program.
Subd.
3. Agricultural Marketing and Development 6,195,000 7,695,000
Appropriations by Fund
General 4,695,000 4,695,000
Clean Water 1,500,000 3,000,000
$186,000 the first year and $186,000 the
second year are for transfer to the Minnesota grown account and may be used as
grants for Minnesota grown promotion under Minnesota Statutes, section
17.102. Grants may be made for one year. Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered under contract on or before June 30,
2011, for Minnesota grown grants in this paragraph are available until June 30,
2013. $50,000 of the appropriation in each year is for efforts that identify
and promote Minnesota grown products in retail food establishments including
but not limited to restaurants, grocery stores, and convenience stores.
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$100,000 the first year and $100,000 the second year
are to provide training and technical assistance to county and town officials
relating to livestock siting issues and local zoning and land use planning,
including maintenance of the checklist template clarifying the federal, state,
and local government requirements for consideration of an animal agriculture
modernization or expansion project. For
the training and technical assistance program, the commissioner shall continue
to seek guidance, advice, and support of livestock producer organizations,
general agricultural organizations, local government associations, academic
institutions, other government agencies, and others with expertise in land use
and agriculture.
$1,500,000 the first year and $3,000,000 the second
year are from the clean water fund for the agricultural best management
practices loan program. At least
$1,450,000 the first year and at least $2,900,000 the second year is for
transfer to the agricultural best management practices loan account created
pursuant to Minnesota Statutes, section 17.117, subdivision 5a, and is
available for pass-through to local governments and lenders for low-interest
loans.
$100,000 the first year and $100,000 the second year
are for annual cost-share payments to resident farmers or persons who sell,
process, or package agricultural products in this state for the costs of
organic certification. Annual cost-share
payments per farmer must be two-thirds of the cost of the certification or
$350, whichever is less. In any year
that a resident farmer or person who sells, processes, or packages agricultural
products in this state receives a federal organic certification cost-share
payment, that resident farmer or person is not eligible for state cost-share
payments. A certified farmer is eligible
to receive annual certification cost-share payments for up to five years.
$15,000 each year is for organic market and program development. The commissioner may allocate any excess
appropriation in either fiscal year for organic producer education efforts,
assistance for persons transitioning from conventional to organic agriculture,
or sustainable agriculture demonstration grants authorized under Minnesota
Statutes, section 17.166, and pertaining to organic research or
demonstration. Any unencumbered balance
does not cancel at the end of the first year and is available for the
second year.
Subd. 4. Bioenergy
and Value-Added Agriculture 15,168,000 15,168,000
$15,168,000 the first year and $15,168,000 the second
year are for ethanol producer payments under Minnesota Statutes, section
41A.09. If the total amount for which
all producers are eligible in a quarter exceeds the amount available for
payments, the commissioner shall make payments on a pro rata basis. If the appropriation exceeds the total amount
for which all producers are eligible in a fiscal year for scheduled payments
and for deficiencies
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in payments during previous fiscal years, the balance
in the appropriation is available to the commissioner to provide financial
assistance under the 21st century agricultural reinvestment program in
Minnesota Statutes, section 41A.12. The
appropriation remains available until spent.
Subd. 5. Administration
and Financial Assistance 6,987,000 6,987,000
$1,000,000 the first year and $1,000,000 the second
year are for the 21st century agricultural reinvestment program in new
Minnesota Statutes, section 41A.12.
Priority must be given to livestock programs under Minnesota Statutes,
section 17.118. The commissioner may use
up to 4-1/2 percent of this appropriation for costs incurred to administer the
program.
$505,000 the first year and $505,000 the second year
are for continuation of the dairy development and profitability enhancement and
dairy business planning grant programs established under Laws 1997, chapter 216,
section 7, subdivision 2, and Laws 2001, First Special Session chapter 2,
section 9, subdivision 2. The
commissioner may allocate the available sums among permissible activities,
including efforts to improve the quality of milk produced in the state in the
proportions that the commissioner deems most beneficial to Minnesota's dairy
farmers. The commissioner must submit a
work plan detailing plans for expenditures under this program to the chairs of
the house of representatives and senate committees dealing with agricultural
policy and budget on or before the start of each fiscal year. If significant changes are made to the plans
in the course of the year, the commissioner must notify the chairs.
$50,000 the first year and $50,000 the second year are
for the Northern Crops Institute. These
appropriations may be spent to purchase equipment.
$19,000 the first year and $19,000 the second year are
for a grant to the Minnesota Livestock Breeders Association.
$250,000 the first year and $250,000 the second year
are for grants to the Minnesota Agricultural Education and Leadership Council
for programs of the council under Minnesota Statutes, chapter 41D.
$474,000 the first year and $474,000 the second year
are for payments to county and district agricultural societies and associations
under Minnesota Statutes, section 38.02, subdivision 1. Of this amount, $4,000 each year is for 4-H
premiums. Aid payments to county and
district agricultural societies and associations shall be disbursed not later
than July 15 of each year. These
payments are the amount of aid from the state for an annual fair held in the
previous calendar year.
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$1,000 the first year and $1,000 the
second year are for grants to the Minnesota State Poultry Association.
$65,000 the first year and $65,000
the second year are for annual grants to the Minnesota Turf Seed Council for
basic and applied research on the improved production of forage and turf seed
related to new and improved varieties.
The grant recipient may subcontract with a qualified third party for
some or all of the basic and applied research.
$500,000 the first year and $500,000
the second year are for grants to Second Harvest Heartland on behalf of
Minnesota's six Second Harvest food banks for the purchase of milk for
distribution to Minnesota's food shelves and other charitable organizations
that are eligible to receive food from the food banks. Milk purchased under the grants must be
acquired from Minnesota milk processors and based on low-cost bids. The milk must be allocated to each Second
Harvest food bank serving Minnesota according to the formula used in the
distribution of United States Department of Agriculture commodities under The
Emergency Food Assistance Program (TEFAP).
Second Harvest Heartland must submit quarterly reports to the
commissioner on forms prescribed by the commissioner. The reports must include, but are not limited
to, information on the expenditure of funds, the amount of milk purchased, and
the organizations to which the milk was distributed. Second Harvest Heartland may enter into
contracts or agreements with food banks for shared funding or reimbursement of
the direct purchase of milk. Each food
bank receiving money from this appropriation may use up to two percent of the
grant for administrative expenses.
$100,000 the first year and $100,000 the
second year are for transfer to the Board of Trustees of the Minnesota State
Colleges and Universities for mental health counseling support to farm families
and business operators through farm business management programs at Central
Lakes College and Ridgewater College.
$18,000 the first year and $18,000
the second year are for grants to the Minnesota Horticultural Society.
Sec.
4. BOARD
OF ANIMAL HEALTH $5,156,000 $5,156,000
$2,531,000 the first year and
$2,531,000 the second year are for bovine tuberculosis eradication efforts in
cattle herds.
$100,000 the first year and $100,000
the second year are for a program to control paratuberculosis (Johne's disease)
in domestic bovine herds.
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$40,000 the first year and $40,000 the
second year are for a program to investigate the avian pneumovirus disease and
to identify the infected flocks. This appropriation
must be matched on a dollar-for-dollar or in-kind basis with nonstate sources
and is in addition to money currently designated for turkey disease
research. Costs of blood sample
collection, handling, and transportation, in addition to costs associated with
early diagnosis tests and the expenses of vaccine research trials, may be
credited to the match.
$400,000 the first year and $400,000
the second year are for the purposes of cervidae inspection as authorized in
Minnesota Statutes, section 35.155.
Sec.
5. AGRICULTURAL
UTILIZATION RESEARCH INSTITUTE $1,550,000 $1,550,000
$350,000 the first year and $350,000
the second year are for technical assistance and technology transfer to
bioenergy crop producers and users.
Sec. 6. Minnesota Statutes 2008, section 3.737,
subdivision 1, is amended to read:
Subdivision 1. Compensation
required. (a) Notwithstanding
section 3.736, subdivision 3, paragraph (e), or any other law, a livestock
owner shall be compensated by the commissioner of agriculture for livestock
that is destroyed by a gray wolf or is so crippled by a gray wolf that it must
be destroyed. Except as provided in this
section, the owner is entitled to the fair market value of the destroyed livestock
as determined by the commissioner, upon recommendation of a university
extension agent or a conservation officer.
In any fiscal year, a livestock owner may not be compensated for a
destroyed animal claim that is less than $100 in value and may be compensated
up to $20,000, as determined under this section. In any fiscal year, the commissioner may
provide compensation for claims filed under this section and section 3.7371
up to a total of $100,000 for both programs combined the amount
expressly appropriated for this purpose.
(b) Either the agent or the
conservation officer must make a personal inspection of the site. The agent or the conservation officer must
take into account factors in addition to a visual identification of a carcass
when making a recommendation to the commissioner. The commissioner, upon recommendation of the
agent or conservation officer, shall determine whether the livestock was
destroyed by a gray wolf and any deficiencies in the owner's adoption of the
best management practices developed in subdivision 5. The commissioner may authorize payment of
claims only if the agent or the conservation officer has recommended
payment. The owner shall file a claim on
forms provided by the commissioner and available at the university extension
agent's office.
Sec. 7. Minnesota Statutes 2008, section 3.7371,
subdivision 3, is amended to read:
Subd. 3. Compensation. The crop owner is entitled to the target
price or the market price, whichever is greater, of the damaged or destroyed
crop plus adjustments for yield loss determined according to agricultural
stabilization and conservation service programs for individual farms, adjusted
annually, as determined by the commissioner, upon recommendation of the county
extension agent for the owner's county.
The commissioner, upon recommendation of the agent, shall determine
whether the crop damage or destruction is caused by elk and, if so, the amount
of the crop that is damaged or destroyed.
In any fiscal year, a crop owner may not be compensated for a damaged or
destroyed crop that is less than $100 in value and may be compensated up to
$20,000, as determined under this section, if normal harvest procedures for the
area are followed. In any fiscal year,
the commissioner may provide compensation for claims filed under this section and
section 3.737 up to a total of $100,000 for both programs combined
the amount expressly appropriated for this purpose.
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Sec. 8. Minnesota Statutes 2008, section 13.643, is
amended by adding a subdivision to read:
Subd. 7.
Research, monitoring, or
assessment data. (a) Except
as provided in paragraph (b), the following data created, collected, and
maintained by the Department of Agriculture during research, monitoring, or the
assessment of farm practices and related to natural resources, the environment,
agricultural facilities, or agricultural practices are classified as private or
nonpublic:
(1) names, addresses, telephone
numbers, and e-mail addresses of study participants or cooperators; and
(2) location of research, study site,
and global positioning system data.
(b) The following data is public:
(1) location data and unique well
numbers for wells and springs unless protected under section 18B.10 or another
statute or rule; and
(2) data from samples collected from a
public water supply as defined in Minnesota Rules, part 4720.5100.
(c) The Department of Agriculture may
disclose data collected under paragraph (a) if the Department of Agriculture
determines that there is a substantive threat to human health and safety or to
the environment, or to aid in the law enforcement process. The Department of Agriculture may also
disclose data with written consent of the subject of the data.
Sec. 9. Minnesota Statutes 2008, section 17.03,
subdivision 12, is amended to read:
Subd. 12. Contracts;
appropriation. The commissioner may
accept money as part of a contract with any public or private entity to provide
statutorily prescribed services by the department. A contract must specify the services to be
provided by the department and the amount and method of reimbursement. Money generated in a contractual agreement
under this section must be deposited in a special revenue fund and is
appropriated to the department for purposes of providing services specified in
the contracts. Contracts under this
section must be processed in accordance with section 16C.05. The commissioner must report revenues
collected and expenditures made under this section to the chairs of the
Environment and Natural Resources Finance Committee in the house of
representatives and the Environment and Agriculture Budget Division in the senate
by January 15 of each odd-numbered year.
Sec. 10. Minnesota Statutes 2008, section 17.115,
subdivision 2, is amended to read:
Subd. 2. Loan
criteria. (a) The shared savings
loan program must provide loans for purchase of new or used machinery and
installation of equipment for projects that make environmental improvements or
and enhance farm profitability.
Eligible loan uses do not include seed, fertilizer, or fuel.
(b) Loans may not exceed $25,000
$40,000 per individual applying for a loan and may not exceed $100,000 for
loans to four or more individuals on joint projects. The loan repayment period may be up to seven
years as determined by project cost and energy savings. The interest rate on the loans must not
exceed six percent. For loans made
from May 1, 2004, to June 30, 2007, the interest rate must not exceed three
percent.
(c) Loans may only be made to
residents of this state engaged in farming.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 11. [17.459]
HORSES.
Subdivision 1.
Classification as livestock. Horses and other equines raised for the
purposes of riding, driving, farm or ranch work, competition, racing,
recreation, sale, or as breeding stock are livestock. Horses may be used for meat, hides, and
animal by-products. Horses and their
products are livestock and farm products for purposes of financial transactions
and collateral.
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Subd. 2.
Agricultural pursuit. Raising horses and other equines is
agricultural production and an agricultural pursuit. Horse breeding farms, horse training farms,
horse boarding farms, or farms combining those purposes, are an intensive
agricultural use that may be accomplished on limited acreage. These intensive agricultural uses are
necessary for horses in order to control the feeding, safety, and overall
condition of the animals.
Subd. 3.
Nonapplicability for property
tax laws. This section does
not apply to the treatment of land used for raising horses under chapter 273.
Sec. 12. Minnesota Statutes 2008, section 18.75, is
amended to read:
18.75 PURPOSE.
It is the policy of the legislature
that residents of the state be protected from the injurious effects of noxious
weeds on public health, the environment, public roads, crops, livestock, and
other property. Sections 18.76 to 18.88
18.91 contain procedures for controlling and eradicating noxious weeds
on all lands within the state.
Sec. 13. Minnesota Statutes 2008, section 18.76, is
amended to read:
18.76 CITATION.
Sections 18.76 to 18.88 18.91
may be cited as the "Minnesota Noxious Weed Law."
Sec. 14. Minnesota Statutes 2008, section 18.77,
subdivision 1, is amended to read:
Subdivision 1. Scope. The definitions in this section apply to
sections 18.76 to 18.88 18.91.
Sec. 15. Minnesota Statutes 2008, section 18.77, is
amended by adding a subdivision to read:
Subd. 2a.
Certified noxious weed free. "Certified noxious weed free"
means that the material being certified has been inspected, tested, or
processed to devitalize or remove the noxious weed propagating parts in order
to verify that viable noxious weed propagating parts are not present in the
material.
Sec. 16. Minnesota Statutes 2008, section 18.77, is
amended by adding a subdivision to read:
Subd. 2b.
Commissioner. "Commissioner" means the
commissioner of agriculture.
Sec. 17. Minnesota Statutes 2008, section 18.77,
subdivision 3, is amended to read:
Subd. 3. Control. "Control" means to destroy all
or part of the aboveground growth of noxious weeds by a lawful method that
prevents the maturation and spread of noxious weed propagating parts from one
area to another.
Sec. 18. Minnesota Statutes 2008, section 18.77, is
amended by adding a subdivision to read:
Subd. 3a.
County-designated employee. "County-designated employee"
means a person designated by a county board to oversee the responsibilities in
section 18.81, subdivision 1a.
Sec. 19. Minnesota Statutes 2008, section 18.77,
subdivision 5, is amended to read:
Subd. 5. Growing
crop. "Growing crop" means
an agricultural, horticultural, or forest crop that has been planted or
regularly maintained and intended for harvest. "Growing crop" does
not mean a permanent pasture, hay meadow, woodlot, or other noncrop area which
contains native or seeded perennial plants used for grazing or hay purposes,
and which is not harvested on a regular basis.
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Sec. 20. Minnesota Statutes 2008, section 18.77, is
amended by adding a subdivision to read:
Subd. 5a.
Inspector. "Inspector" means the
commissioner, agent of the commissioner, county agricultural inspector, local
weed inspector, or assistant weed inspector.
Sec. 21. Minnesota Statutes 2008, section 18.77, is
amended by adding a subdivision to read:
Subd. 8a.
Noxious weed management plan. "Noxious weed management plan"
means controlling or eradicating noxious weeds in the manner designated in a
management plan developed for the area or site where the infestations are found
using specific strategies or methods that are to be used singly or in
combination to achieve control or eradication.
Sec. 22. Minnesota Statutes 2008, section 18.77, is
amended by adding a subdivision to read:
Subd. 13.
Weed management area. "Weed management area" means a
designated area where special or unique noxious weed control or eradication
strategies or methods are used according to a specific management plan
developed for each management area established.
Sec. 23. Minnesota Statutes 2008, section 18.78,
subdivision 1, is amended to read:
Subdivision 1. Generally. A person owning land, a person occupying
land, or a person responsible for the maintenance of public land shall control
or eradicate all noxious weeds on the land at a time and in a manner ordered by
the county agricultural inspector or a local weed an inspector or
county-designated employee.
Sec. 24. Minnesota Statutes 2008, section 18.78, is
amended by adding a subdivision to read:
Subd. 3.
Cooperative weed control
agreement. The commissioner,
municipality, or county agricultural inspector or county-designated employee
may enter into a cooperative weed control agreement with a landowner or weed
management area group to establish a mutually agreed upon noxious weed
management plan for up to three years duration, whereby a noxious weed problem
will be controlled without additional enforcement action. If a property owner fails to comply with the
noxious weed management plan, an individual notice may be served.
Sec. 25. Minnesota Statutes 2008, section 18.79, is
amended to read:
18.79 DUTIES OF COMMISSIONER.
Subdivision 1. Enforcement. The commissioner of agriculture shall
administer and enforce sections 18.76 to 18.88 18.91.
Subd. 2. Authorized
agents. County agricultural
inspectors may administer and enforce sections 18.76 to 18.88
18.91. A county-designated employee may
enforce sections 18.78, 18.82, 18.83, 18.84, 18.86, and 18.87.
Subd. 3. Entry
upon land. To administer and enforce
sections 18.76 to 18.88 18.91, county agricultural inspectors
and local weed inspectors an inspector or county-designated employee may
enter upon land without consent of the owner and without being subject to an action
for trespass or any damages.
Subd. 4. Rules. The commissioner may adopt necessary rules
under chapter 14 for the proper enforcement of sections 18.76 to 18.88
18.91.
Subd. 5. Order
for control or eradication of noxious weeds. A county agricultural inspector or a local
weed An inspector or county-designated employee may order the
control or eradication of noxious weeds on any land within the state
inspector's or county-designated employee's jurisdiction.
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Subd. 6. Initial
Training for control or eradication of noxious weeds. The commissioner shall conduct initial
training considered necessary for weed inspectors and
county-designated employees in the enforcement of the Minnesota Noxious
Weed Law. The director of the Minnesota
Extension Service may conduct educational programs for the general public that
will aid compliance with the Minnesota Noxious Weed Law. Upon request, the commissioner may provide
information and other technical assistance to the county weed inspector or
county-designated employee to aid in the performance of responsibilities
specified by the county board under section 18.81, subdivision 1.
Subd. 7. Meetings
and reports. The commissioner shall
designate by rule the reports that are required to be made and the
meetings that must be attended by weed inspectors.
Subd. 8. Prescribed
forms. The commissioner shall prescribe
the forms to be used by weed inspectors and county-designated
employees in the enforcement of sections 18.76 to 18.88 18.91.
Subd. 9. Injunction. If the county agricultural inspector or
county-designated employee applies to a court for a temporary or permanent
injunction restraining a person from violating or continuing to violate
sections 18.76 to 18.88 18.91, the injunction may be issued
without requiring a bond.
Subd. 10. Prosecution. On finding that a person has violated
sections 18.76 to 18.88 18.91, the county agricultural inspector or
county-designated employee may start court proceedings in the locality in
which the violation occurred. The county
attorney may prosecute actions under sections 18.76 to 18.88 18.91
within the county attorney's jurisdiction.
Subd. 12. Noxious-weed-free
forage and mulch certification agency.
The official certification agency for noxious-weed-free forage and,
mulch shall, soil, gravel, and other material must be determined
by the commissioner of agriculture in consultation with the director of
the Minnesota agricultural experiment station.
The commissioner may also certify forage, mulch, soil, gravel, or
other material as noxious weed free.
Subd. 13.
Noxious weed designation. The commissioner, in consultation with the
Noxious Weed Advisory Committee, shall determine which plants are noxious weeds
subject to control under sections 18.76 to 18.91. The commissioner shall prepare, publish, and
revise as necessary, but at least once every three years, a list of noxious
weeds and their designated classification.
The list must be distributed to the public by the commissioner who may
request the help of the University of Minnesota Extension, the county
agricultural inspectors, and any other organization the commissioner considers
appropriate to assist in the distribution.
The commissioner may, in consultation with the Noxious Weed Advisory
Committee, accept and consider noxious weed designation petitions from
Minnesota citizens or Minnesota organizations or associations.
Subd. 14.
County petition. A county may petition the commissioner to
designate specific noxious weeds which are a control problem in the county.
Subd. 15.
Noxious weed management. The commissioner, in consultation with the
Noxious Weed Advisory Committee, shall develop management strategies and
criteria for each noxious weed category.
Subd. 16.
Gifts; grants; contracts;
funds. The commissioner,
counties, and municipalities may apply for and accept any gift, grant, contract,
or other funds or grants-in-aid from the federal government or other public and
private sources for noxious weed control purposes.
Subd. 17.
Noxious weed investigation. The commissioner shall investigate the
subject of noxious weeds and conduct investigations outside this state to
protect the interest of the agricultural industry, forests, or the environment
of this state from noxious weeds not generally growing in Minnesota.
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Subd. 18. Noxious
weed education. The
commissioner shall disseminate information and conduct educational campaigns
with respect to control of noxious weeds or invasive plants to enhance
regulatory compliance and voluntary efforts to eliminate or manage these
plants. The commissioner shall call and
attend meetings and conferences dealing with the subject of noxious weeds. The commissioner shall maintain on the
department's Web site weed management information including but not limited to
the roles and responsibilities of citizens and government entities under
sections 18.76 to 18.91 and specific guidance as to whom a person should
contact to report a noxious weed issue.
Subd. 19. State
and federal lands. The
commissioner shall inform and direct state and federal agencies regarding their
responsibility to manage and control noxious weeds on land that those agencies
own, control, or manage.
Subd. 20. Interagency
cooperation. The commissioner
shall cooperate with agencies of federal, state, and local governments and
other persons in carrying out duties under sections 18.76 to 18.91.
Subd. 21. Weed
management area. The
commissioner, in consultation with the Noxious Weed Advisory Committee, may
establish a weed management area to include a part of one or more counties or
all of one or more counties of this state and shall include all the land within
the boundaries of the area established.
Weed management plans developed for a weed management area must be
reviewed and approved by the commissioner and the Noxious Weed Advisory
Committee. Weed management areas may
seek funding under section 18.90.
Sec. 26.
Minnesota Statutes 2008, section 18.80, subdivision 1, is amended to
read:
Subdivision 1. County agricultural inspectors; and
county-designated employees. The
county board shall either appoint at least one or more county
agricultural inspectors that meet the qualifications prescribed by
rule. The appointment must be for a
period of time which is sufficient to accomplish the duties assigned to this
position inspector to carry out the duties specified under section
18.81, subdivisions 1a and 1b, or a county-designated employee to carry out the
duties specified under section 18.81, subdivision 1a. A notice of the appointment of either a
county agricultural inspector or county-designated employee must be
delivered to the commissioner within ten 30 days of the
appointment and it must establish the initial number of hours to be worked
annually.
Sec. 27.
Minnesota Statutes 2008, section 18.81, is amended by adding a
subdivision to read:
Subd. 1a. Duties;
county agricultural inspectors and county-designated employees. The county agricultural inspector or
county-designated employee shall be responsible for:
(1) the enforcement provisions under sections 18.78,
18.82, 18.83, 18.84, 18.86 and 18.87; and
(2) providing a point of contact within the county for
noxious weed issues.
Sec. 28.
Minnesota Statutes 2008, section 18.81, is amended by adding a
subdivision to read:
Subd. 1b. County
agricultural inspectors. In
addition to the mandatory duties specified in subdivision 1a, the county board
must specify the responsibilities of the county agricultural inspector in the
annual work plan. The responsibilities
may include:
(1) to see that sections 18.76 to 18.91 and rules
adopted under those sections are carried out within the inspector's
jurisdiction;
(2) to see that sections 21.80 to 21.92 and rules adopted
under those sections are carried out within the inspector's jurisdiction;
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(3) to see that sections 21.71 to
21.78 and rules adopted under those sections are carried out within the
inspector's jurisdiction;
(4) to participate in the control
programs for invasive plant species, feed, fertilizer, pesticide, and plant and
insect pests when requested, in writing, to do so by the commissioner;
(5) to participate in other
agricultural programs under the control of the commissioner when requested, in
writing, by the commissioner to do so;
(6) to administer the distribution of
funds allocated by the county board to the county agricultural inspector for
noxious weed control and eradication within the county;
(7) to submit reports and attend
meetings that the commissioner requires;
(8) to publish a general weed notice
of the legal duty to control noxious weeds in one or more legal newspapers of
general circulation throughout the county; and
(9) to be the primary contact in the
county for all plant biological control agents.
Sec. 29. Minnesota Statutes 2008, section 18.81,
subdivision 3, is amended to read:
Subd. 3. Nonperformance
by inspectors; reimbursement for expenses.
If local weed inspectors neglect or fail to do their duty as prescribed
in this section, the county agricultural inspector shall or
county-designated employee, in consultation with the commissioner, may
issue a notice to the inspector providing instructions on how and when to do
their duty. If, after the time allowed
in the notice, the local weed inspector has not complied as directed, the
county agricultural inspector or county-designated employee may consult
with the commissioner to perform the duty for the local weed
inspector. A claim for the expense of
doing the local weed inspector's duty is a legal charge against the municipality
in which the inspector has jurisdiction.
The county agricultural inspector doing or county-designated
employee overseeing the work may file an itemized statement of costs with
the clerk of the municipality in which the work was performed. The municipality shall immediately issue
proper warrants to the county for the work performed. If the municipality fails to issue the
warrants, the county auditor may include the amount contained in the itemized
statement of costs as part of the next annual tax levy in the municipality and
withhold that amount from the municipality in making its next apportionment.
Sec. 30. Minnesota Statutes 2008, section 18.82,
subdivision 1, is amended to read:
Subdivision 1. Permits. Except as provided in section 21.74, if a
person wants to transport along a public highway materials or equipment
containing the propagating parts of weeds designated as noxious by the
commissioner, the person must secure a written permit for transportation of the
material or equipment from a local weed inspector or county agricultural
an inspector or county-designated employee. Inspectors or county-designated employees
may issue permits to persons residing or operating within their
jurisdiction. If the noxious weed propagating
parts are removed from materials and equipment or devitalized before being
transported, a permit is not needed.
Sec. 31. Minnesota Statutes 2008, section 18.82,
subdivision 3, is amended to read:
Subd. 3. Duration
of permit; revocation. A permit
under subdivision 1 is valid for up to one year after the date it is issued
unless otherwise specified by the weed inspector or county-designated
employee issuing the permit. The
permit may be revoked if a county agricultural inspector or local weed an
inspector or county-designated employee determines that the
applicant has not complied with this section.
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Sec. 32. Minnesota Statutes 2008, section 18.83, is
amended to read:
18.83 CONTROL; ERADICATION; NOTICES; EXPENSES.
Subdivision 1. General
weed notice. A general notice for
noxious weed control or eradication must be published on or before May 15 of
each year and at other times the commissioner directs. Failure of the county agricultural weed
inspector or county-designated employee to publish the general notice
does not relieve a person from the necessity of full compliance with sections
18.76 to 18.88 18.91 and related rules. The published notice is legal and sufficient
notice when an individual notice cannot be served.
Subd. 2. Individual
notice. A weed An inspector
may find it necessary to secure more prompt or definite control or eradication
of noxious weeds than is accomplished by the published general notice. In these special or individual instances,
involving one or a limited number of persons, the weed inspector or
county-designated employee having jurisdiction shall serve individual
notices in writing upon the person who owns the land and the person who
occupies the land, or the person responsible for or charged with the
maintenance of public land, giving specific instructions on when and how named
noxious weeds are to be controlled or eradicated. Individual notices provided for in this
section must be served in the same manner as a summons in a civil action in the
district court or by certified mail. Service
on a person living temporarily or permanently outside of the weed inspector's
or county-designated employee's jurisdiction may be made by sending the
notice by certified mail to the last known address of the person, to be
ascertained, if necessary, from the last tax list in the county treasurer's
office.
Subd. 3. Appeal
of individual notice; appeal committee.
(1) A recipient of an individual notice may appeal, in writing, the
order for control or eradication of noxious weeds. This appeal must be filed with a member of
the appeal committee in the county where the land is located within two working
days of the time the notice is received.
The committee must inspect the land specified in the notice and report
back to the recipient and the inspector or county-designated employee
who issued the notice within five working days, either agreeing, disagreeing,
or revising the order. The decision may
be appealed in district court. If the
committee agrees or revises the order, the control or eradication specified in
the order, as approved or revised by the committee, may be carried out.
(2) The county board of
commissioners shall appoint members of the appeal committee. The membership must include a county
commissioner or municipal official and a landowner residing in the county. The expenses of the members may be reimbursed
by the county upon submission of an itemized statement to the county
auditor. At its option, the county board
of commissioners, by resolution, may delegate the duties of the appeal
committee to its board of adjustment established pursuant to section
394.27. When carrying out the duties of
the appeal committee, the zoning board of adjustment shall comply with all of
the procedural requirements of this section.
Subd. 4. Control
or eradication by inspector or county-designated employee. If a person does not comply with an
individual notice served on the person or an individual notice cannot be
served, the weed inspector or county-designated employee having
jurisdiction shall have the noxious weeds controlled or eradicated within the
time and in the manner the weed inspector or county-designated
employee designates.
Subd. 5. Control
or eradication by inspector or county-designated employee in growing
crop. A weed An inspector
or county-designated employee may consider it necessary to control or eradicate
noxious weeds along with all or a part of a growing crop to prevent the
maturation and spread of noxious weeds within the inspector's or
county-designated employee's jurisdiction.
If this situation exists, the weed inspector or
county-designated employee may have the noxious weeds controlled or
eradicated together with the crop after the appeal committee has reviewed the
matter as outlined in subdivision 3 and reported back agreement with the order.
Subd. 6. Authorization
for person hired to enter upon land.
The weed inspector or county-designated employee may hire
a person to control or eradicate noxious weeds if the person who owns the land,
the person who occupies the land, or the person responsible for the maintenance
of public land has failed to comply with an individual notice or with the
published general notice when an individual notice cannot be served. The person hired must have authorization, in
writing, from the weed inspector or county-designated employee to
enter upon the land.
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Subd. 7. Expenses;
reimbursements. A claim for the
expense of controlling or eradicating noxious weeds, which may include the
costs of serving notices, is a legal charge against the county in which the
land is located. The officers having the
work done must file with the county auditor a verified and itemized statement
of cost for all services rendered on each separate tract or lot of land. The county auditor shall immediately issue
proper warrants to the persons named on the statement as having rendered
services. To reimburse the county for
its expenditure in this regard, the county auditor shall certify the total
amount due and, unless an appeal is made in accordance with section 18.84,
enter it on the tax roll as a tax upon the land and it must be collected as
other real estate taxes are collected.
If public land is involved, the amount
due must be paid from funds provided for maintenance of the land or from the
general revenue or operating fund of the agency responsible for the land. Each claim for control or eradication of
noxious weeds on public lands must first be approved by the commissioner of
agriculture.
Sec. 33. Minnesota Statutes 2008, section 18.84,
subdivision 1, is amended to read:
Subdivision 1. Counties
and municipalities. Counties and
municipalities are not liable for damages from the noxious weed control program
for actions conducted in accordance with sections 18.76 to 18.88
18.91.
Sec. 34. Minnesota Statutes 2008, section 18.84,
subdivision 2, is amended to read:
Subd. 2. Appeal
of charges to county board. A
person who is ordered to control noxious weeds under sections 18.76 to 18.88
18.91 and is charged for noxious weed control may appeal the cost of
noxious weed control to the county board of the county where the noxious weed
control measures were undertaken within 30 days after being charged. The county board shall determine the amount
and approve the charge and filing of a lien against the property if it
determines that the owner, or occupant if other than the owner, responsible for
controlling noxious weeds did not comply with the order of the inspector or
county-designated employee.
Sec. 35. Minnesota Statutes 2008, section 18.84,
subdivision 3, is amended to read:
Subd. 3. Court
Appeal of costs to district court; petition. (a) A landowner who has appealed person
who is ordered to control noxious weeds under sections 18.76 to 18.91 and is
charged for the cost of noxious weed control measures under subdivision
2 may petition for judicial review of the charges. The petition must be filed within 30 days
after the conclusion of the hearing before the county board being
charged. The petition must be filed
with the court administrator in the county in which the land where the noxious
weed control measures were undertaken is located, together with proof of
service of a copy of the petition on the county auditor. No responsive pleadings may be required of
the county, and no court fees may be charged for the appearance of the county
in this matter.
(b) The petition must be captioned in the
name of the person making the petition as petitioner and respective county as
respondents. The petition must include
the petitioner's name, the legal description of the land involved, a copy of
the notice to control noxious weeds, and the date or dates on which appealed
control measures were undertaken.
(c) The petition must state with
specificity the grounds upon which the petitioner seeks to avoid the imposition
of a lien for the cost of noxious weed control measures.
Sec. 36. Minnesota Statutes 2008, section 18.86, is
amended to read:
18.86 UNLAWFUL ACTS.
No person may:
(1) hinder or obstruct in any way the
county agricultural inspectors or local weed inspectors an inspector or
county-designated employee in the performance of their duties as provided
in under sections 18.76 to 18.88 18.91 or related
rules;
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(2) neglect, fail, or refuse to comply with section
18.82 or related rules in the transportation and use of material or equipment
infested with noxious weed propagating parts;
(3) sell material containing noxious weed propagating
parts to a person who does not have a permit to transport that material or to a
person who does not have a screenings permit issued in accordance with section
21.74; or
(4) neglect, fail, or refuse to comply with a general
notice or an individual notice to control or eradicate noxious weeds.
Sec. 37.
Minnesota Statutes 2008, section 18.87, is amended to read:
18.87
PENALTY.
A violation of section 18.86 or a rule adopted under
that section is a misdemeanor. County
agricultural inspectors, local weed Inspectors, or county-designated
employees, or their appointed assistants are not subject to the penalties
of this section for failure, neglect, or refusal to perform duties imposed on
them by sections 18.76 to 18.88 18.91.
Sec. 38.
Minnesota Statutes 2008, section 18.88, is amended to read:
18.88
NOXIOUS WEED PROGRAM FUNDING.
Subdivision 1. County.
The county board shall pay, from the general revenue or other fund for
the county, the expenses for the county agricultural inspector position or
county-designated employee, for noxious weed control or eradication on all
land owned by the county or on land that for which the county is
responsible for the its maintenance of, and for the
expenses of the appeal committee, and for necessary expenses as required for
quarantines within the county. Use
of funding from grants and other sources for the administration and enforcement
of the Minnesota Noxious Weed Law must be approved by the county board.
Subd. 2. Municipality. The municipality shall pay, from the general
revenue or other fund for the municipality, the necessary expenses of the local
weed inspector in the performance of duties required for quarantines within
the municipality, and for noxious weed control or eradication on land owned
by the municipality or on land for which the municipality is responsible for
its maintenance. Use of funding from
grants and other sources for the administration and enforcement of the
Minnesota Noxious Weed Law must be approved by the town board or city mayor.
Subd. 3. Funding. Funding in the form of grants or cost
sharing may be provided to the counties for the performance of their activities
under section 18.81, subdivision 1.
Sec. 39. [18.89] NOXIOUS WEED AND INVASIVE PLANT
SPECIES ASSISTANCE FUND.
The noxious weed and invasive plant species assistance
fund is created in the state treasury.
The fund may be used to carry out the purposes of section 18.90. Any money appropriated to the fund and any
money received by the fund as gifts or grants or other private or public funds
obtained for the purposes in section 18.91 must be credited to the fund. The money in the account is continuously
appropriated to the commissioner to implement section 18.90.
Sec. 40. [18.90] GRANT PROGRAM.
(a) From funds available in the noxious weed and
invasive plant species assistance fund established in section 18.89, the
commissioner shall administer a grant program to assist counties and
municipalities and other weed management entities in the cost of implementing
and maintaining noxious weed control programs and in addressing
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special weed control problems. The commissioner shall receive applications
by counties, municipalities, weed management areas, and weed management entities
for assistance under this section and, in consultation with the Noxious Weed
Advisory Committee, award grants for any of the following eligible purposes:
(1) to conduct applied research to
solve locally significant weed management problems;
(2) to demonstrate innovative control
methods or land management practices which have the potential to reduce
landowner costs to control noxious weeds or improve the effectiveness of
noxious weed control;
(3) to encourage the ongoing support
of weed management areas;
(4) to respond to introductions or
infestations of invasive plants that threaten or potentially threaten the
productivity of cropland and rangeland over a wide area;
(5) to respond to introductions or
infestations of invasive plant species that threaten or potentially threaten
the productivity of biodiversity of wildlife and fishery habitats on public and
private lands;
(6) to respond to special weed control
problems involving weeds not included in the list of noxious weeds published
and distributed by the commissioner;
(7) to conduct monitoring or
surveillance activities to detect, map, or determine the distribution of
invasive plant species and to determine susceptible locations for the
introduction or spread of invasive plant species; and
(8) to conduct educational activities.
(b) The commissioner shall select and
prioritize applications for assistance under this section based on the
following considerations:
(1) the seriousness of the noxious
weed or invasive plant problem or potential problem addressed by the project;
(2) the ability of the project to
provide timely intervention to save current and future costs of control and
eradication;
(3) the likelihood that the project
will prevent or resolve the problem or increase knowledge about resolving
similar problems in the future;
(4) the extent to which the project
will leverage federal funds and other nonstate funds;
(5) the extent to which the applicant
has made progress in addressing noxious weed or invasive plant problems;
(6) the extent to which the project
will provide a comprehensive approach to the control or eradication of noxious
weeds;
(7) the extent to which the project
will reduce the total population or area of infestation of a noxious weed;
(8) the extent to which the project
uses the principles of integrated vegetation management and sound
science; and
(9) other factors that the
commissioner determines to be relevant.
(c) Nothing in this section may be
construed to relieve a person of the duty or responsibility to control the
spread of noxious weeds on lands owned and controlled by the person.
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Sec. 41. [18.91] ADVISORY COMMITTEE; MEMBERSHIP.
Subdivision 1. Duties. The commissioner shall consult with the
Noxious Weed Advisory Committee to advise the commissioner concerning
responsibilities under the noxious weed control program. The committee shall also evaluate species for
invasiveness, difficulty of control, cost of control, benefits, and amount of
injury caused by them. For each species
evaluated, the committee shall recommend to the commissioner on which noxious
weed list or lists, if any, the species should be placed. Species currently designated as prohibited or
restricted noxious weeds must be reevaluated every three years for a
recommendation on whether or not they need to remain on the noxious weed lists. Members of the committee are not entitled to reimbursement
of expenses nor payment of per diem.
Members shall serve two-year terms with subsequent reappointment by the
commissioner.
Subd. 2. Membership. The commissioner shall appoint members,
which shall include representatives from the following:
(1) horticultural science, agronomy, and forestry at
the University of Minnesota;
(2) the nursery and landscape industry in Minnesota;
(3) the seed industry in Minnesota;
(4) the Department of Agriculture;
(5) the Department of Natural Resources;
(6) a conservation organization;
(7) an environmental organization;
(8) at least two farm organizations;
(9) the county agricultural inspectors;
(10) city, township, and county governments;
(11) the Department of Transportation;
(12) the University of Minnesota Extension;
(13) the timber and forestry industry in Minnesota;
(14) the Board of Water and Soil Resources; and
(15) soil and water conservation districts.
Subd. 3. Additional
duties. The committee shall
conduct evaluations of terrestrial plant species to recommend if they need to
be designated as noxious weeds and into which noxious weed classification they
should be designated, advise the commissioner on the implementation of the Minnesota
Noxious Weed Law, and assist the commissioner in the development of management
criteria for each noxious weed category.
Subd. 4. Organization. The committee shall select a chair from
its membership. Meetings of the
committee may be called by or at the direction of the commissioner or upon
direction of the chair.
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Subd. 5. Expiration. Notwithstanding section 15.059,
subdivision 5, the committee expires June 30, 2013.
Sec. 42.
Minnesota Statutes 2008, section 18B.01, is amended by adding a
subdivision to read:
Subd. 1a. Agricultural
pesticide. "Agricultural
pesticide" means a pesticide that bears labeling that meets federal worker
protection agricultural use requirements as provided by Code of Federal
Regulations, title 40, parts 156 and 170 (2008).
Sec. 43.
Minnesota Statutes 2008, section 18B.01, is amended by adding a
subdivision to read:
Subd. 1b. Agricultural
pesticide dealer. "Agricultural
pesticide dealer" means a person who distributes an agricultural pesticide
in the state or into the state to an end user.
This action would commonly be described as a retail sale.
Sec. 44.
Minnesota Statutes 2008, section 18B.01, subdivision 8, is amended to
read:
Subd. 8. Distribute. "Distribute" means offer for sale,
sell, barter, ship, deliver for shipment, receive and deliver, and offer to
deliver pesticides in this state or into this state.
Sec. 45.
Minnesota Statutes 2008, section 18B.01, is amended by adding a
subdivision to read:
Subd. 14b. Nonagricultural
pesticide. "Nonagricultural
pesticide" means a pesticide that does not bear labeling that meets
federal worker protection agricultural use requirements as provided by Code of
Federal Regulation, title 40, parts 156 and 170 (2008).
Sec. 46.
Minnesota Statutes 2008, section 18B.065, subdivision 1, is amended to
read:
Subdivision 1. Collection and disposal. The commissioner of agriculture shall
establish and operate a program to collect and dispose of waste
pesticides. The program must be made
available to agricultural and residential nonagricultural
pesticide end users whose waste generating activity occurs in this state. Waste pesticide generated in another state
is not eligible for collection under this section.
Sec. 47.
Minnesota Statutes 2008, section 18B.065, subdivision 2, is amended to
read:
Subd. 2. Implementation. (a) The commissioner may obtain a United
States Environmental Protection Agency hazardous waste identification number to
manage the waste pesticides collected.
(b) The commissioner may not limit the type and
quantity of waste pesticides accepted for collection and may not assess
pesticide end users for portions of the costs incurred.
Sec. 48.
Minnesota Statutes 2008, section 18B.065, subdivision 2a, is amended to
read:
Subd. 2a. Disposal site requirement. (a) For agricultural waste pesticides, the
commissioner must designate a place in each county of the state that is
available at least every other year for persons to dispose of unused
portions of agricultural pesticides. The
commissioner shall consult with the person responsible for solid waste
management and disposal in each county to determine an appropriate location and
to advertise each collection event. The
commissioner may provide a collection opportunity in a county more frequently
if the commissioner determines that a collection is warranted.
(b) For residential nonagricultural
waste pesticides, the commissioner must provide periodic a
disposal opportunities opportunity each year in each county.
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(c) As
provided under subdivision 7, the commissioner may enter into cooperative agreements
with county or regional solid waste management entities local units
of government to provide these the collections required
under paragraph (a) or (b) and shall provide these entities a
local unit of government, as part of the cooperative agreement, with
funding for reasonable costs incurred including, but not limited to, related
supplies, transportation, advertising, and disposal costs as well as reasonable
overhead costs.
(c) (d) A person who collects waste pesticide under paragraph
(a) or (b) this section shall, on a form provided or in a method
approved by the commissioner, record information on each waste pesticide
product collected including, but not limited to, the quantity collected and
either the product name, and its active ingredient or
ingredients, quantity, and or the United States Environmental
Protection Agency registration number, on a form provided by the
commissioner. The person must submit
this information to the commissioner at least annually by January 30.
Sec. 49.
Minnesota Statutes 2008, section 18B.065, subdivision 3, is amended to
read:
Subd. 3. Information and; education;
report. (a) The
commissioner shall provide informational and educational materials regarding
waste pesticides and the proper management of waste pesticides to the public.
(b) No later than March 15 each year, the commissioner
must report the following to the legislative committees with jurisdiction over
agriculture finance:
(1) each instance of a refusal to collect waste
pesticide or the assessment of a fee, in addition to the $350 minimum fee, to a
pesticide end user as authorized in subdivision 2, paragraph (b); and
(2) waste pesticide collection information including a
discussion of the type and quantity of waste pesticide collected by the
commissioner and any entity collecting waste pesticide under subdivision 7
during the previous calendar year, a summary of waste pesticide collection
trends, and any corresponding program recommendations.
Sec. 50.
Minnesota Statutes 2008, section 18B.065, subdivision 7, is amended to
read:
Subd. 7. Cooperative agreements. (a) The commissioner may enter into
cooperative agreements with state agencies and local units of government for
administration of the waste pesticide collection program. The commissioner shall ensure that the
program is carried out in all counties.
If the commissioner cannot contract with another party to administer the
program in a county, the commissioner shall perform collections according to
the provisions of this section.
(b) The commissioner, according to the terms of a
cooperative agreement between the commissioner and a local unit of government,
may establish limits for unusual types or excessive quantities of waste
pesticide offered by pesticide end users to the local unit of government.
Sec. 51.
Minnesota Statutes 2008, section 18B.065, is amended by adding a
subdivision to read:
Subd. 8. Waste
pesticide program surcharge. The
commissioner shall annually collect a waste pesticide program surcharge of $50
on each pesticide product registered in the state as part of a pesticide product
registration application under section 18B.26, subdivision 3.
Sec. 52.
Minnesota Statutes 2008, section 18B.065, is amended by adding a
subdivision to read:
Subd. 9. Waste
pesticide cooperative agreement account. (a) A waste pesticide cooperative
agreement account is created in the agricultural fund. Notwithstanding section 18B.05, the proceeds
of surcharges imposed under subdivision 8 must be deposited in the agricultural
fund and credited to the waste pesticide cooperative agreement account.
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(b) Money in the waste pesticide
cooperative agreement account, including interest, is appropriated to the
commissioner and may only be used for costs incurred under a cooperative
agreement pursuant to this section.
(c) Notwithstanding paragraph (b), if
the amount available in the waste pesticide cooperative agreement account in
any fiscal year exceeds the amount obligated to local units of government under
subdivision 7, the excess is appropriated to the commissioner to perform waste
pesticide collections under this section.
Sec. 53. Minnesota Statutes 2008, section 18B.26,
subdivision 1, is amended to read:
Subdivision 1. Requirement. (a) Except as provided in paragraphs (b) to
(d), a person may not use or distribute a pesticide in this state unless it is
registered with the commissioner.
Pesticide registrations expire on December 31 of each year and may be
renewed on or before that date for the following calendar year.
(b) Registration is not required if a
pesticide is shipped from one plant or warehouse to another plant or warehouse
operated by the same person and used solely at the plant or warehouse as an
ingredient in the formulation of a pesticide that is registered under this
chapter.
(c) An unregistered pesticide that
was previously registered with the commissioner may be used for a period of two
years following the cancellation of the registration of the pesticide, unless
the commissioner determines that the continued use of the pesticide would cause
unreasonable adverse effects on the environment, or with the written permission
of the commissioner. To use the
unregistered pesticide at any time after the two-year period, the pesticide end
user must demonstrate to the satisfaction of the commissioner, if requested,
that the pesticide has been continuously registered under a different brand
name or by a different manufacturer and has similar composition, or, the
pesticide end user obtains the written permission of the commissioner.
(d) The commissioner may allow
specific pesticide products that are not registered with the commissioner to be
distributed in this state for use in another state.
(e) Each pesticide with a unique
United States Environmental Protection Agency pesticide registration number or
a unique brand name must be registered with the commissioner.
(f) It is unlawful for a person to
distribute or use a pesticide in the state, or to sell into the state for use
in the state, any pesticide product that has not been registered by the
commissioner and for which the applicable pesticide registration application
fee, gross sales fee, or waste pesticide program surcharge is not paid pursuant
to subdivisions 3 and 4.
(g) Every person who sells for use in
the state a pesticide product that has been registered by the commissioner
shall pay to the commissioner the applicable registration application fees,
sales fees, and waste pesticide program surcharges. These sales expressly include all sales made
electronically, telephonically, or by any other means that result in a
pesticide product being shipped to or used in the state. There is a rebuttable presumption that
pesticide products that are sold or distributed in or into the state by any
person are sold or distributed for use in the state.
Sec. 54. Minnesota Statutes 2008, section 18B.26,
subdivision 3, is amended to read:
Subd. 3. Registration
application and gross sales fee.
(a) For an agricultural pesticide, a registrant shall pay an
annual registration application fee for each agricultural pesticide
to be registered, and this fee is set at 0.4 percent of annual gross sales
within the state and annual gross sales of pesticides used in the state, with a
minimum nonrefundable fee of $250 $350. The fee is due by December 31 preceding the
year for which the application for registration is made. The fee is nonrefundable.
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The registrant shall determine when
and which pesticides are sold or used in this state. (b) For a nonagricultural pesticide,
a registrant shall pay a minimum annual registration application fee for each
nonagricultural pesticide of $350. The
fee is due by December 31 preceding the year for which the application for registration
is made. The fee is nonrefundable. The registrant of a nonagricultural pesticide
shall pay, in addition to the $350 minimum fee, a fee of 0.5 percent of annual
gross sales of the nonagricultural pesticide in the state and the annual gross
sales of the nonagricultural pesticide sold into the state for use in this
state. The commissioner may not assess a
fee under this paragraph if the amount due based on percent of annual gross
sales is less than $10. The registrant shall secure
sufficient sales information of nonagricultural pesticides distributed
into this state from distributors and dealers, regardless of distributor
location, to make a determination. Sales
of nonagricultural pesticides in this state and sales of nonagricultural
pesticides for use in this state by out-of-state distributors are not
exempt and must be included in the registrant's annual report, as required
under paragraph (c) (g), and fees shall be paid by the registrant
based upon those reported sales. Sales
of nonagricultural pesticides in the state for use outside of the state
are exempt from the application gross sales fee in this paragraph
if the registrant properly documents the sale location and distributors. A registrant paying more than the minimum fee
shall pay the balance due by March 1 based on the gross sales of the nonagricultural
pesticide by the registrant for the preceding calendar year. The fee for disinfectants and sanitizers
shall be the minimum. The minimum fee is
due by December 31 preceding the year for which the application for registration
is made. In each fiscal year, the
commissioner shall allocate from the pesticide regulatory account a sum
sufficient to collect and dispose of waste pesticides under section 18B.065. However, notwithstanding section 18B.065, if
the commissioner determines that the balance in the pesticide regulatory
account at the end of the fiscal year will be less than $500,000, the
commissioner may suspend waste pesticide collections or provide partial payment
to a person for waste pesticide collection.
The commissioner must notify as soon as possible and no later than
August 1 a person under contract to collect waste pesticides of an anticipated
suspension or payment reduction. A
pesticide determined by the commissioner to be a sanitizer or disinfectant is
exempt from the gross sales fee.
(c) For agricultural pesticides, a licensed
agricultural pesticide dealer shall pay a gross sales fee of 0.55 percent of
annual gross sales of the agricultural pesticide in the state and the annual
gross sales of the agricultural pesticide sold into the state for use in this
state.
(d) In those cases where a registrant first sells an
agricultural pesticide in or into the state to a pesticide end user, the
registrant must first obtain an agricultural pesticide dealer license and is
responsible for payment of the annual gross sales fee under paragraph (c),
record keeping under paragraph (i), and all other requirements of section
18B.316.
(e) If the total annual revenue from fees collected by
the commissioner on the registration and sale of pesticides is less than
$6,600,000 for revenue collected in fiscal year 2011, 2012, or 2013, the
commissioner may increase pesticide sales and product registration fees by the
amount necessary to ensure this level of revenue is achieved.
(b) (f) An additional fee of $100 50 percent of the
registration application fee must be paid by the applicant for each
pesticide to be registered if the application is a renewal application that is
submitted after December 31.
(c) (g) A registrant must annually report to the commissioner
the amount and, type and annual gross sales of each
registered nonagricultural pesticide sold, offered for sale, or
otherwise distributed in the state. The
report shall be filed by March 1 for the previous year's registration. The commissioner shall specify the form of
the report or approve the method for submittal of the report and may require
additional information deemed necessary to determine the amount and type of pesticides
nonagricultural pesticide annually distributed in the state. The information required shall include the
brand name, United States Environmental Protection Agency registration
number and amount, and formulation of each nonagricultural pesticide
sold, offered for sale, or otherwise distributed in the state, but the
information collected, if made public, shall be reported in a manner which does
not identify a specific brand name in the report.
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(h) A licensed agricultural pesticide
dealer must annually report to the commissioner the amount, type, and annual
gross sales of each registered agricultural pesticide sold, offered for sale, or
otherwise distributed in the state or into the state for use in the state. The report must be filed by January 31 for
the previous year's sales. The
commissioner shall specify the form, contents, and approved electronic method
for submittal of the report and may require additional information deemed
necessary to determine the amount and type of agricultural pesticide annually
distributed within the state or into the state.
The information required must include the brand name, United States
Environmental Protection Agency registration number, and amount of each
agricultural pesticide sold, offered for sale, or otherwise distributed in the
state or into the state.
(i) A person who registers a pesticide
with the commissioner under paragraph (b), or a registrant under paragraph (d),
shall keep accurate records for five years detailing all distribution or sales
transactions into the state or in the state and subject to a fee and surcharge
under this section.
(j) The records are subject to
inspection, copying, and audit by the commissioner and must clearly demonstrate
proof of payment of all applicable fees and surcharges for each registered
pesticide product sold for use in this state.
A person who is located outside of this state must maintain and make available
records required by this subdivision in this state or pay all costs incurred by
the commissioner in the inspecting, copying, or auditing of the records.
(k) The commissioner may adopt by rule
regulations that require persons subject to audit under this section to provide
information determined by the commissioner to be necessary to enable the
commissioner to perform the audit.
(d) (l) A registrant who is required to pay more than the
minimum fee for any pesticide under paragraph (a) (b) must pay a
late fee penalty of $100 for each pesticide application fee paid after March 1
in the year for which the license is to be issued.
EFFECTIVE DATE. This section is
effective July 1, 2009. However:
(1) the provisions of Minnesota Statutes
2008, section 18B.26, subdivision 3, remain in effect until December 31, 2010,
for the registrants of pesticide products sold within the state or used in the
state during calendar year 2009; and
(2) the commissioner of agriculture
may not implement paragraph (c), (d), (e), (f), (g), (h), (i), (j), (k), or (l)
until January 1, 2010.
Sec. 55. Minnesota Statutes 2008, section 18B.31,
subdivision 3, is amended to read:
Subd. 3. License. A pesticide dealer license:
(1) is issued by the commissioner
upon receipt and review of a complete initial or renewal application;
(2) is valid for one year and expires on December January
31 of each year unless it is suspended or revoked before that date;
(2) (3) is not transferable to another location; and
(3) (4) must be prominently displayed to the public in the
pesticide dealer's place of business.
Sec. 56. Minnesota Statutes 2008, section 18B.31,
subdivision 4, is amended to read:
Subd. 4. Application. (a) A person must apply to the commissioner
for a pesticide dealer license on the forms and in the manner required by the
commissioner.
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(b) The commissioner may require an
additional demonstration of dealer qualification if the dealer has had a
license suspended or revoked, or has otherwise had a history of violations of
this chapter.
(c) An application for renewal of a
pesticide dealer license is not complete until the commissioner receives the
report and applicable fees required under section 18B.316, subdivision 8.
EFFECTIVE DATE. This section is
effective January 1, 2010.
Sec. 57. [18B.316]
AGRICULTURAL PESTICIDE DEALER LICENSE AND REPORTING.
Subdivision 1.
Requirement. (a) A person must not distribute or sell
an agricultural pesticide in the state or into the state without first
obtaining an agricultural pesticide dealer license.
(b) Each location or place of
business from which an agricultural pesticide is distributed or sold in the
state or into the state is required to have a separate agricultural pesticide
dealer license.
(c) A
person who is a licensed pesticide dealer under section 18B.31 is not required to
also be licensed under this subdivision.
Subd. 2.
Exemption. A person who is a pesticide registrant
under provisions of this chapter is exempt from the requirement of subdivision
1, except in those cases where a registrant first sells an agricultural
pesticide in or into the state to a pesticide end user, the registrant must
first obtain an agricultural pesticide dealer license.
Subd. 3.
Resident agent. (a) A person required to be licensed under
subdivisions 1 and 2, or a person licensed as a pesticide dealer pursuant to
section 18B.31 and who operates from a location or place of business outside
the state and who distributes or sells an agricultural pesticide into the
state, must continuously maintain in this state the following:
(1) a registered office; and
(2) a registered agent, who may be
either a resident of this state whose business office or residence is identical
with the registered office under clause (1), a domestic corporation or limited
liability company, or a foreign corporation of limited liability company
authorized to transact business in this state and having a business office
identical with the registered office.
A person licensed under this section
or section 18B.31 shall annually file with the commissioner, either at the time
of initial licensing or as part of license renewal, the name, address,
telephone number, and e-mail address of the licensee's registered agent.
For licensees under section 18B.31
who are located in the state, the licensee is the registered agent.
Subd. 4.
Responsibility. The resident agent is responsible for the
acts of a licensed agricultural pesticide dealer, or of a licensed pesticide
dealer under section 18B.31 who operates from a location or place of business
outside the state and who distributes or sells an agricultural pesticide into
the state, as well as the acts of the employees of those licensees.
Subd. 5.
Records. A person licensed as an agricultural
pesticide dealer, or a person licensed as a pesticide dealer pursuant to section
18B.31, must maintain for five years at the person's principal place of
business accurate records of purchases, sales, and distributions of
agricultural pesticides in and into this state, including those of its branch
locations. The records shall be made
available for audit under provisions of this chapter and chapter 18D.
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2009 - Top of Page 2868
Subd. 6. Agricultural
pesticide sales invoices. Sales
invoices for agricultural pesticides sold in or into this state by a licensed
agricultural pesticide dealer or a pesticide dealer under this section must
show the percent of gross sales fee rate assessed and the gross sales fee paid
under section 18B.26, subdivision 3, paragraph (c). Only the person who actually will pay the
gross sales fee may show the rate or the amount of the fee as a line item on
the sales invoice.
Subd. 7. License. An agricultural pesticide dealer license:
(1) is issued by the commissioner upon receipt and
review of a complete initial or renewal application;
(2) is valid for one year and expires on January 31 of
each year;
(3) is not transferable from one location or place of
business to another location or place of business; and
(4) must be prominently displayed to the public in the
agricultural pesticide dealer's place of business and in the registered office
of the resident agent.
Subd. 8. Report
of sales and payment to the commissioner. A person who is an agricultural pesticide
dealer, or is a licensed pesticide dealer under section 18B.31, who distributes
or sells an agricultural pesticide in or into the state, and a pesticide
registrant pursuant to section 18B.26, subdivision 3, paragraph (d), shall no
later than January 31 of each year report and pay applicable fees on annual
gross sales of agricultural pesticides to the commissioner pursuant to
requirements under section 18B.26, subdivision 3, paragraphs (c) and (h).
Subd. 9. Application. (a) A person must apply to the
commissioner for an agricultural pesticide dealer license on forms and in a
manner approved by the commissioner.
(b) The applicant must be the person in charge of each
location or place of business from which agricultural pesticides are
distributed or sold in or into the state.
(c) The commissioner may require that the applicant
provide information regarding the applicant's proposed operations and other
information considered pertinent by the commissioner.
(d) The commissioner may require additional
demonstration of licensee qualification if the licensee has had a license
suspended or revoked, or has otherwise had a history of violations in another
state or violations of this chapter.
(e) A licensed agricultural pesticide dealer who
changes the dealer's address or place of business must immediately notify the
commissioner of the change.
(f) An application for renewal of an agricultural
pesticide dealer license is complete only when a report and any applicable
payment of fees under subdivision 8 are received by the commissioner.
Subd. 10. Application
fee. (a) An application for
an agricultural pesticide dealer license, or a renewal of an agricultural
pesticide dealer license, must be accompanied by a nonrefundable fee of $150.
(b) If an application for renewal of an agricultural
pesticide dealer license is not filed before January of the year for which the
license is to be issued, an additional fee of 50 percent of the application fee
must be paid by the applicant before the commissioner may issue the license.
EFFECTIVE
DATE. This section is effective July 1,
2009. However, the commissioner of
agriculture may not implement subdivision 9, paragraph (f), until January 1,
2011.
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2009 - Top of Page 2869
Sec. 58. [18B.346] PESTICIDE APPLICATION ON
RAILROAD PROPERTY.
Subdivision 1. Applicability. This section applies only to common
carrier railroads.
Subd. 2. Safety
information. (a) In
coordination with common carrier railroad companies operating in this state,
the commissioner shall provide annual pesticide safety outreach opportunities
for railroad employees.
(b) A common carrier railroad that operates in this
state must provide annual employee pesticide safety training opportunities.
Subd. 3. Pesticide
applications. (a) A person
may not directly apply a restricted use pesticide to occupied or unoccupied
locomotives, track repair equipment, or on-track housing units unless the
pesticide is specifically labeled for that use.
(b) Employees of common carrier railroads must not be
required to work in affected areas in a manner that is inconsistent with the
pesticide label.
Subd. 4. Misuse
reporting. A common carrier
railroad or a commercial applicator hired by the common carrier railroad to
apply pesticide must report to the commissioner within four hours, or as soon
as practicable, any pesticide misuse known to the railroad company or
commercial applicator that occurred on railroad property or to other property
under the control of the railroad company.
For the purposes of this section, "misuse" means a pesticide
application that violates subdivision 3 or any provision in section 18B.07.
Sec. 59.
Minnesota Statutes 2008, section 18B.37, subdivision 1, is amended to
read:
Subdivision 1. Pesticide dealer. (a) A pesticide dealer must maintain records
of all sales of restricted use pesticides as required by the commissioner. Records must be kept at the time of sale on
forms supplied by the commissioner or on the pesticide dealer's forms if they
are approved by the commissioner.
(b) Records must be submitted annually with the
renewal application for a pesticide dealer license or upon request of the
commissioner.
(c) Copies of records required under this subdivision
must be maintained by the pesticide dealer for a period of five years after the
date of the pesticide sale.
Sec. 60. Minnesota
Statutes 2008, section 18C.415, subdivision 3, is amended to read:
Subd. 3. Effective period. Other Licenses are for the period from
January 1 to the following December 31 and must be renewed annually by the
licensee before January 1. A license is
not transferable from one person to another, from the ownership to whom issued
to another ownership, or from one location to another location.
Sec. 61.
Minnesota Statutes 2008, section 18C.421, is amended to read:
18C.421 DISTRIBUTOR'S
TONNAGE REPORT.
Subdivision 1. Semiannual statement Annual
tonnage report. (a) Each licensed
distributor of fertilizer and each registrant of a specialty fertilizer, soil
amendment, or plant amendment must file a semiannual statement for the periods
ending December 31 and June 30 with the commissioner on forms furnished by the
commissioner stating the number of net tons and grade of each raw fertilizer
material distributed or the number of net tons of each brand or grade of
fertilizer, soil amendment, or plant amendment registrant under section
18C.411 and licensee under section 18C.415 shall file an annual tonnage report
for the previous year ending June 30 with the commissioner, on forms
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provided or approved by the commissioner, stating the
number of net tons of each brand or grade of fertilizer, soil amendment, or
plant amendment distributed in this state or the number of net tons and grade
of each raw fertilizer material
distributed in this state during the reporting period.
(b) A tonnage reports are
report is not required to be filed with submitted and an
inspection fee under section 18C.425, subdivision 6, is not required to be paid
to the commissioner from licensees by a licensee who distributed
distributes fertilizer solely by custom application.
(c) A report from a licensee who
sells to an ultimate consumer must be accompanied by records or invoice copies indicating
the name of the distributor who paid the inspection fee, the net tons received,
and the grade or brand name of the products received.
(d) (c) The annual tonnage report is
due must be submitted to the commissioner on or before the last
day of the month following the close of each reporting period July 31
of each calendar year.
(e) (d) The inspection fee at the rate
stated in section 18C.425, subdivision 6, must accompany the statement.
Subd. 2. Additional
reports. The commissioner may by rule
require additional reports for the purpose of gathering statistical data
relating to fertilizer, soil amendments, and plant amendments distribution in
the state.
Subd. 3. Late annual
report and inspection fee penalty. (a) If a distributor does not file the
semiannual statement registrant or licensee fails to submit an annual
tonnage report or pay the inspection fees fee under section
18C.425, subdivision 6, by 31 days after the end of the reporting period
July 31, the commissioner shall assess the registrant or licensee a
penalty of the greater of $25 $50 or ten percent of the amount
due against the licensee or registrant.
(b) The fees due, plus the penalty,
may be recovered in a civil action against the licensee or registrant.
(c) The assessment of the penalty
does not prevent the commissioner from taking other actions as provided in this
chapter and sections 18D.301 to 18D.331.
Subd. 4.
Responsibility for inspection
fees. If more than one person
is involved in the distribution of a fertilizer, soil amendment, or plant
amendment, the distributor who imports, manufactures, or produces the
fertilizer or who has the specialty fertilizer, soil amendment, or plant
amendment registered is responsible for the inspection fee on products produced
or brought into this state. The
distributor must separately list the inspection fee on the invoice to the
licensee. The last licensee must retain
the invoices showing proof of inspection fees paid for three years and must pay
the inspection fee on products brought into this state before July 1, 1989,
unless the reporting and paying of fees have been made by a prior distributor
of the fertilizer.
Subd. 5. Verification
of statements annual tonnage report. The commissioner may verify the records on
which the statement of annual tonnage report is based.
Sec. 62. Minnesota Statutes 2008, section 18C.425,
subdivision 4, is amended to read:
Subd. 4. Fee
for late application. If an
application for renewal of a fertilizer license or registration of a
specialty fertilizer, soil amendment, or plant amendment under section
18C.411 or a license under section 18C.415 is not filed before January 1
or July 1 of a year, as required submitted to the commissioner after
December 31, an additional application late fee of one-half
of the amount due must be paid in addition to the application fee before
the renewal license or registration may be issued.
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2009 - Top of Page 2871
Sec. 63.
Minnesota Statutes 2008, section 18C.425, subdivision 6, is amended to
read:
Subd. 6. Payment of inspection fees
fee. (a) The person who
registers and distributes in the state a specialty fertilizer, soil amendment,
or plant amendment under section 18C.411 shall pay the inspection fee to the
commissioner.
(b) The person licensed under section 18C.415 who
distributes a fertilizer to a person not required to be so licensed shall pay
the inspection fee to the commissioner, except as exempted under section
18C.421, subdivision 1, paragraph (b).
(c) The
person responsible for payment of the inspection fees for fertilizers, soil
amendments, or plant amendments sold and used in this state must pay an
inspection fee of 30 70 cents per ton of fertilizer, soil
amendment, and plant amendment sold or distributed in this state, with a
minimum of $10 on all tonnage reports.
Products sold or distributed to manufacturers or exchanged between them
are exempt from the inspection fee imposed by this subdivision if the products
are used exclusively for manufacturing purposes.
(d) A registrant or licensee must retain invoices
showing proof of fertilizer, plant amendment, or soil amendment distribution
amounts and inspection fees paid for a period of three years.
Sec. 64.
Minnesota Statutes 2008, section 18E.03, subdivision 2, is amended to
read:
Subd. 2. Expenditures. (a) Money in the agricultural chemical
response and reimbursement account may only be used:
(1) to pay for the commissioner's responses to
incidents under chapters 18B, 18C, and 18D that are not eligible for payment
under section 115B.20, subdivision 2;
(2) to pay for emergency responses that are otherwise
unable to be funded;
(3) to reimburse and pay corrective action costs under
section 18E.04; and
(4) by the board to reimburse the commissioner
for board staff and other administrative costs and the commissioner's
incident response program costs related to eligible incident sites, up to $225,000
$450,000 per fiscal year.
(b) Money in the agricultural chemical response and
reimbursement account is appropriated to the commissioner to make payments as
provided in this subdivision.
Sec. 65.
Minnesota Statutes 2008, section 18E.03, subdivision 4, is amended to
read:
Subd. 4. Fee.
(a) The response and reimbursement fee consists of the surcharges and
any adjustments made by the commissioner in this subdivision and shall be
collected by the commissioner. The
amount of the response and reimbursement fee shall be determined and imposed
annually by the commissioner as required to satisfy the requirements in
subdivision 3. The commissioner shall
adjust the amount of the surcharges imposed in proportion to the amount of the
surcharges listed in this subdivision.
License application categories under paragraph (d) must be charged in
proportion to the amount of surcharges imposed up to a maximum of 50 percent of
the license fees set under chapters 18B and 18C.
(b) The commissioner shall impose a surcharge on
pesticides registered under chapter 18B to be collected as a surcharge on the registration
application fee gross sales under section 18B.26, subdivision 3,
that is equal to 0.1 percent of sales of the pesticide in the state and sales
of pesticides for use in the state during the previous calendar
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2009 - Top of Page 2872
year, except the surcharge may not be imposed on
pesticides that are sanitizers or disinfectants as determined by the
commissioner. No surcharge is required
if the surcharge amount based on percent of annual gross sales is less than
$10. The registrant shall determine
when and which pesticides are sold or used in this state. The registrant shall secure sufficient sales
information of pesticides distributed into this state from distributors and
dealers, regardless of distributor location, to make a determination. Sales of pesticides in this state and sales
of pesticides for use in this state by out-of-state distributors are not exempt
and must be included in the registrant's annual report, as required under
section 18B.26, subdivision 3, paragraph (c), and fees shall be paid by the
registrant based upon those reported sales.
Sales of pesticides in the state for use outside of the state are
exempt from the surcharge in this paragraph if the registrant, agricultural
pesticide dealer, or pesticide dealer properly documents the sale location
and the distributors.
(c) The commissioner shall impose a
ten cents per ton surcharge on the inspection fee under section 18C.425,
subdivision 6, for fertilizers, soil amendments, and plant amendments.
(d) The commissioner shall impose a
surcharge on the license application of persons licensed under chapters 18B and
18C consisting of:
(1) a $75 surcharge for each site
where pesticides are stored or distributed, to be imposed as a surcharge on
pesticide dealer application fees under section 18B.31, subdivision 5, and
the agricultural pesticide dealer application fee under section 18B.316,
subdivision 10;
(2) a $75 surcharge for each site
where a fertilizer, plant amendment, or soil amendment is distributed, to be
imposed on persons licensed under sections 18C.415 and 18C.425;
(3) a $50 surcharge to be imposed on
a structural pest control applicator license application under section 18B.32,
subdivision 6, for business license applications only;
(4) a $20 surcharge to be imposed on
commercial applicator license application fees under section 18B.33,
subdivision 7; and
(5) a $20 surcharge to be imposed on
noncommercial applicator license application fees under section 18B.34,
subdivision 5, except a surcharge may not be imposed on a noncommercial
applicator that is a state agency, political subdivision of the state, the federal
government, or an agency of the federal government.
(e) A $1,000 fee shall be imposed on
each site where pesticides are stored and sold for use outside of the
state unless:
(1) the distributor properly
documents that it has less than $2,000,000 per year in wholesale value of
pesticides stored and transferred through the site; or
(2) the registrant pays the surcharge
under paragraph (b) and the registration fee under section 18B.26, subdivision 3,
for all of the pesticides stored at the site and sold for use outside of the
state.
(f) Paragraphs (c) to (e) apply to
sales, licenses issued, applications received for licenses, and inspection fees
imposed on or after July 1, 1990.
EFFECTIVE DATE. This section is
effective July 1, 2009. However, the
commissioner of agriculture may not implement the change to paragraph (b) until
January 1, 2010.
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Sec. 66. Minnesota Statutes 2008, section 18E.06, is
amended to read:
18E.06 REPORT.
By December 1 of each year, the
Agricultural Chemical Response Compensation Board and the commissioner shall submit
to the house of representatives Committee on Ways and Means, the senate
Committee on Finance, the house of representatives and senate committees with
jurisdiction over the environment, natural resources, and agriculture, and the
Environmental Quality Board a report detailing the board's activities
and reimbursements and the expenditures and activities associated with the
commissioner's incident response program for which money from the account
has been spent during the previous year.
Sec. 67. Minnesota Statutes 2008, section 18H.02,
subdivision 12a, is amended to read:
Subd. 12a. Individual
Dormant. "Individual"
means a human being "Dormant" means nursery stock without
etiolated growth.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 68. Minnesota Statutes 2008, section 18H.02, is
amended by adding a subdivision to read:
Subd. 12b.
Etiolated growth. "Etiolated growth" means
bleached and unnatural growth resulting from the exclusion of sunlight.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 69. Minnesota Statutes 2008, section 18H.02, is
amended by adding a subdivision to read:
Subd. 12c.
Individual. "Individual" means a human
being.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 70. Minnesota Statutes 2008, section 18H.02, is
amended by adding a subdivision to read:
Subd. 24a.
Packaged stock. "Packaged stock" means bare root
nursery stock packed with the roots in moisture-retaining material encased in
plastic film or other material designed to hold the moisture-retaining material
in place.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 71. Minnesota Statutes 2008, section 18H.07,
subdivision 2, is amended to read:
Subd. 2. Nursery
stock grower certificate. (a) A
nursery stock grower must pay an annual fee based on the area of all acreage on
which nursery stock is grown for certification as follows:
(1) less than one-half acre, $150;
(2) from one-half acre to two acres,
$200;
(3) over two acres up to five acres,
$300;
(4) over five acres up to ten acres,
$350;
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(5) over ten acres up to 20 acres,
$500;
(6) over 20 acres up to 40 acres,
$650;
(7) over 40 acres up to 50 acres,
$800;
(8) over 50 acres up to 200 acres,
$1,100;
(9) over 200 acres up to 500 acres,
$1,500; and
(10) over 500 acres, $1,500 plus $2
for each additional acre.
(b) In addition to the fees in
paragraph (a), a penalty of ten percent of the fee due must be charged for each
month, or portion thereof, that the fee is delinquent up to a maximum of 30
percent for any application for renewal not received by January 1
postmarked by December 31 of the current year following
expiration of a certificate.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 72. Minnesota Statutes 2008, section 18H.07,
subdivision 3, is amended to read:
Subd. 3. Nursery
stock dealer certificate. (a) A nursery
stock dealer must pay an annual fee based on the dealer's gross sales of
certified nursery stock per location during the most recent certificate
year. A certificate applicant operating
for the first time must pay the minimum fee.
The fees per sales location are:
(1) gross sales up to $5,000, $150;
(2) gross sales over $5,000 up to
$20,000, $175;
(3) gross sales over $20,000 up to
$50,000, $300;
(4) gross sales over $50,000 up to
$75,000, $425;
(5) gross sales over $75,000 up to
$100,000, $550;
(6) gross sales over $100,000 up to
$200,000, $675; and
(7) gross sales over $200,000, $800.
(b) In addition to the fees in
paragraph (a), a penalty of ten percent of the fee due must be charged for each
month, or portion thereof, that the fee is delinquent up to a maximum of 30
percent for any application for renewal not received by January 1
postmarked by December 31 of the current year following
expiration of a certificate.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 73. Minnesota Statutes 2008, section 18H.09, is
amended to read:
18H.09 NURSERY STOCK CERTIFICATION REQUIREMENTS.
(a) All nursery stock growing at sites
identified by nursery stock dealers or nursery stock growers and
submitted for inspection must be inspected by the commissioner within the
previous 12 months prior to sale and found apparently free from quarantine and
regulated nonquarantine pests as well as significantly dangerous or potentially
damaging plant pests. The commissioner
may waive a site inspection under the following conditions:
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(1) the nursery stock is not going to
be sold within 12 months;
(2) the nursery stock will not be
moved out of Minnesota; and
(3) the nursery site or stock is not
subject to certification requirements associated with a state or federally
regulated or quarantined plant pest.
All nursery stock originating from
out of state and offered for sale in Minnesota must have been inspected by the
appropriate state or federal agency during the previous 12 months and found
free from quarantine and regulated nonquarantine pests as well as significantly
dangerous or potentially damaging plant pests.
A nursery stock certificate is valid from January 1 to December 31.
(b) Nursery stock must be accessible
to the commissioner for inspection during regular business hours. Weeds or other growth that hinder a proper
inspection are grounds to suspend or withhold a certificate or require a
reinspection.
(c) Inspection reports issued to
growers must contain a list of the plant pests found at the time of
inspection. Withdrawal-from-distribution
orders are considered part of the inspection reports. A withdrawal-from-distribution order must
contain a list of plants withdrawn from distribution and the location of the
plants.
(d) The commissioner may post signs
to delineate sections withdrawn from distribution. These signs must remain in place until the
commissioner removes them or grants written permission to the grower to remove
the signs.
(e) Inspection reports issued to
dealers must outline the violations involved and corrective actions to be taken
including withdrawal-from-distribution orders which would specify nursery stock
that could not be distributed from a certain area.
(f) Optional inspections of plants
may be conducted by the commissioner upon request by any persons desiring an
inspection. A fee as provided in section
18H.07 must be charged for such an inspection.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 74. Minnesota Statutes 2008, section 18H.10, is
amended to read:
18H.10 STORAGE OF NURSERY STOCK.
All nursery stock must be kept and
displayed under conditions of temperature, light, and moisture sufficient to
maintain the viability and vigor of the nursery stock. Packaged dormant nursery stock must be
stored under conditions that retard growth, prevent etiolated growth, and
protect its viability.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 75. Minnesota Statutes 2008, section 28A.085,
subdivision 1, is amended to read:
Subdivision 1. Violations;
prohibited acts. The commissioner
may charge a reinspection fee for each reinspection of a food handler that:
(1) is found with a major violation
of requirements in chapter 28, 29, 30, 31, 31A, 32, 33, or 34, or rules adopted
under one of those chapters;
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(2) is found with a violation of
section 31.02, 31.161, or 31.165, and requires a follow-up inspection after an
administrative meeting held pursuant to section 31.14; or
(3) fails to correct equipment and
facility deficiencies as required in rules adopted under chapter 28, 29, 30,
31, 31A, 32, or 34. The first
reinspection of a firm with gross food sales under $1,000,000 must be assessed
at $75 $150. The fee for a
firm with gross food sales over $1,000,000 is $100 $200. The fee for a subsequent reinspection of a
firm for the same violation is 50 percent of their current license fee or $200
$300, whichever is greater. The
establishment must be issued written notice of violations with a reasonable
date for compliance listed on the notice.
An initial inspection relating to a complaint is not a reinspection.
Sec. 76. Minnesota Statutes 2008, section 28A.21,
subdivision 5, is amended to read:
Subd. 5. Duties. The task force shall:
(1) coordinate educational efforts
regarding food safety and defense;
(2) provide advice and coordination
to state agencies as requested by the agencies;
(3) serve as a source of information
and referral for the public, news media, and others concerned with food safety
and defense; and
(4) make recommendations to Congress,
the legislative committees with jurisdiction over agriculture finance and
policy, the legislature, and others about appropriate action to improve food
safety and defense in the state.
Sec. 77. Minnesota Statutes 2008, section 31.94, is
amended to read:
31.94 COMMISSIONER DUTIES.
(a) In order to promote opportunities
for organic agriculture in Minnesota, the commissioner shall:
(1) survey producers and support
services and organizations to determine information and research needs in the
area of organic agriculture practices;
(2) work with the University of
Minnesota to demonstrate the on-farm applicability of organic agriculture
practices to conditions in this state;
(3) direct the programs of the
department so as to work toward the promotion of organic agriculture in this
state;
(4) inform agencies of how state or
federal programs could utilize and support organic agriculture practices; and
(5) work closely with producers, the University
of Minnesota, the Minnesota Trade Office, and other appropriate organizations
to identify opportunities and needs as well as ensure coordination and avoid
duplication of state agency efforts regarding research, teaching, marketing,
and extension work relating to organic agriculture.
(b) By November 15 of each
even-numbered year the commissioner, in conjunction with the task force created
in paragraph (c), shall report on the status of organic agriculture in
Minnesota to the legislative policy and finance committees and divisions with
jurisdiction over agriculture. The
report must include:
(1) a description of current state or
federal programs directed toward organic agriculture, including significant
results and experiences of those programs;
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(2) a description of specific actions
the department of agriculture is taking in the area of organic agriculture,
including the proportion of the department's budget spent on organic
agriculture;
(3) a description of current and
future research needs at all levels in the area of organic agriculture;
(4) suggestions for changes in
existing programs or policies or enactment of new programs or policies that
will affect organic agriculture;
(5) a description of market trends
and potential for organic products;
(6) available information, using
currently reliable data, on the price received, yield, and profitability of
organic farms, and a comparison with data on conventional farms; and
(7) available information, using currently
reliable data, on the positive and negative impacts of organic production on
the environment and human health.
(c) The commissioner shall appoint
A Minnesota Organic Advisory Task Force to shall advise the
commissioner and the University of Minnesota on policies and practices
to programs that will improve organic agriculture in Minnesota,
including how available resources can most effectively be used for outreach,
education, research, and technical assistance that meet the needs of the
organic agriculture community. The
task force must consist of the following residents of the state:
(1) three farmers using organic
agriculture methods;
(2) two organic food
wholesalers, retailers, or distributors of organic products;
(3) one representative of organic food
certification agencies;
(4) two organic food
processors;
(5) one representative from the
University of Minnesota Extension Service;
(6) one representative from a
University of Minnesota postsecondary research institution
faculty member;
(7) one representative from a
nonprofit organization representing producers;
(8) one two at-large member
members;
(9) one representative from the
United States Department of Agriculture; and
(10) one organic consumer
representative.
The commissioner, in consultation
with the director of the Minnesota Agricultural Experiment Station; the dean
and director of University of Minnesota Extension; and the dean of the College
of Food, Agricultural and Natural Resource Sciences shall appoint members to
serve staggered two-year terms.
Terms, Compensation, and removal of
members are governed by section 15.059, subdivision 6. The task force must meet at least twice each
year and expires on June 30, 2009 2013.
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(d) For the purposes of expanding,
improving, and developing production and marketing of the organic products of
Minnesota agriculture, the commissioner may receive funds from state and
federal sources and spend them, including through grants or contracts, to
assist producers and processors to achieve certification, to conduct education
or marketing activities, to enter into research and development partnerships,
or to address production or marketing obstacles to the growth and well-being of
the industry.
(e) The commissioner may facilitate
the registration of state organic production and handling operations including
those exempt from organic certification according to Code of Federal
Regulations, title 7, section 205.101, and certification agents operating
within the state.
EFFECTIVE DATE. This section is
effective June 30, 2009.
Sec. 78. Minnesota Statutes 2008, section 32.394,
subdivision 8, is amended to read:
Subd. 8. Grade
A inspection fees. A processor or marketing
organization of milk, milk products, sheep milk, or goat milk who wishes to
market Grade A milk or use the Grade A label must apply for Grade A inspection
service from the commissioner. A
pasteurization plant requesting Grade A inspection service must hold a Grade A
permit and pay an annual inspection fee of no more than $500. For Grade A farm inspection service, the fee
must be no more than $50 per farm, paid annually by the processor or by the
marketing organization on behalf of its patrons. For a farm requiring a reinspection in
addition to the required biannual inspections, an additional fee of $45
$100 per reinspection must be paid by the processor or by the marketing
organization on behalf of its patrons.
Sec. 79. Minnesota Statutes 2008, section 41A.09,
subdivision 2a, is amended to read:
Subd. 2a. Definitions. For the purposes of this section, the terms
defined in this subdivision have the meanings given them.
(a) "Ethanol" means fermentation
ethyl alcohol derived from agricultural products, including potatoes, cereal
grains, cheese whey, and sugar beets; forest products; or other renewable
resources, including residue and waste generated from the production,
processing, and marketing of agricultural products, forest products, and other
renewable resources, that:
(1) meets all of the specifications in
ASTM specification D4806-04a; and
(2) is denatured as specified in Code
of Federal Regulations, title 27, parts 20 and 21.
(b) "Ethanol plant" means a
plant at which ethanol is produced.
(c) "Commissioner" means the
commissioner of agriculture.
(d) "Rural economic
infrastructure" means the development of activities that will enhance the value
of agricultural crop or livestock commodities or by-products or waste from
farming operations through new and improved value-added conversion processes
and technologies, the development of more timely and efficient infrastructure
delivery systems, and the enhancement of marketing opportunities. "Rural
economic infrastructure" also means land, buildings, structures, fixtures,
and improvements located or to be located in Minnesota and used or operated
primarily for the processing or the support of production of marketable
products from agricultural commodities or wind energy produced in Minnesota.
Sec. 80. Minnesota Statutes 2008, section 41A.09,
subdivision 3a, is amended to read:
Subd. 3a. Ethanol
producer payments. (a) The
commissioner shall make cash payments to producers of ethanol located in the
state that have begun production at a specific location by June 30, 2000. For the purpose of this subdivision, an
entity that holds a controlling interest in more than one ethanol plant is
considered a single producer. The amount
of the payment for each producer's annual production, except as provided in
paragraph (c), is
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20 cents per gallon for each gallon of
ethanol produced at a specific location on or before June 30, 2000, or ten
years after the start of production, whichever is later. Annually, within 90 days of the end of its
fiscal year, an ethanol producer receiving payments under this subdivision must
file a disclosure statement on a form provided by the commissioner. The initial disclosure statement must include
a summary description of the organization of the business structure of the
claimant, a listing of the percentages of ownership by any person or other
entity with an ownership interest of five percent or greater, and a copy of its
annual audited financial statements, including the auditor's report and
footnotes. The disclosure statement must
include information demonstrating what percentage of the entity receiving
payments under this section is owned by farmers or other entities eligible to
farm or own agricultural land in Minnesota under the provisions of section
500.24. Subsequent annual reports must
reflect noncumulative changes in ownership of ten percent or more of the
entity. The report need not disclose the
identity of the persons or entities eligible to farm or own agricultural land
with ownership interests, individuals residing within 30 miles of the plant, or
of any other entity with less than ten percent ownership interest, but the
claimant must retain information within its files confirming the accuracy of
the data provided. This data must be
made available to the commissioner upon request. Not later than the 15th day of February in
each year the commissioner shall deliver to the chairs of the standing
committees of the senate and the house of representatives that deal with
agricultural policy and agricultural finance issues an annual report
summarizing aggregated data from plants receiving payments under this section
during the preceding calendar year.
Audited financial statements and notes and disclosure statements
submitted to the commissioner are nonpublic data under section 13.02,
subdivision 9. Notwithstanding the
provisions of chapter 13 relating to nonpublic data, summaries of the submitted
audited financial reports and notes and disclosure statements will be contained
in the report to the committee chairs and will be public data.
(b) No payments shall be made for
ethanol production that occurs after June 30, 2010. A producer of ethanol shall not transfer the
producer's eligibility for payments under this section to an ethanol plant at a
different location.
(c) If the level of production at an
ethanol plant increases due to an increase in the production capacity of the
plant, the payment under paragraph (a) applies to the additional increment of
production until ten years after the increased production began. Once a plant's production capacity reaches
15,000,000 gallons per year, no additional increment will qualify for the
payment.
(d) Total payments under paragraphs
(a) and (c) to a producer in a fiscal year may not exceed $3,000,000.
(e) By the last day of October,
January, April, and July, each producer shall file a claim for payment for
ethanol production during the preceding three calendar months. A producer that files a claim under this
subdivision shall include a statement of the producer's total ethanol production
in Minnesota during the quarter covered by the claim. For each claim and statement of total ethanol
production filed under this subdivision, the volume of ethanol production must
be examined by an independent certified public accountant in accordance with
standards established by the American Institute of Certified Public
Accountants.
(f) Payments shall be made November
15, February 15, May 15, and August 15.
A separate payment shall be made for each claim filed. Except as provided in paragraph (g), the
total quarterly payment to a producer under this paragraph may not exceed
$750,000.
(g) Notwithstanding the quarterly
payment limits of paragraph (f), the commissioner shall make an additional payment
in the fourth quarter of each fiscal year to ethanol producers for the lesser
of: (1) 20 cents per gallon of production in the fourth quarter of the year
that is greater than 3,750,000 gallons; or (2) the total amount of payments
lost during the first three quarters of the fiscal year due to plant outages,
repair, or major maintenance. Total
payments to an ethanol producer in a fiscal year, including any payment under
this paragraph, must not exceed the total amount the producer is eligible to
receive based on the producer's approved production capacity. The provisions of this paragraph apply only
to production losses that occur in quarters beginning after
December 31, 1999.
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(h) The commissioner shall reimburse
ethanol producers for any deficiency in payments during earlier quarters if the
deficiency occurred because of unallotment or because appropriated money was
insufficient to make timely payments in the full amount provided in paragraph
(a). Notwithstanding the quarterly or
annual payment limitations in this subdivision, the commissioner shall begin
making payments for earlier deficiencies in each fiscal year that
appropriations for ethanol payments exceed the amount required to make eligible
scheduled payments. Payments for earlier
deficiencies must continue until the deficiencies for each producer are paid in
full, except the commissioner shall not make a deficiency payment to an entity
that no longer produces ethanol on a commercial scale at the location for which
the entity qualified for producer payments, or to an assignee of the entity.
(i) The commissioner may make
direct payments to producers of rural economic infrastructure provide
financial assistance under the 21st century agricultural reinvestment program
in section 41A.12 with any amount of the annual appropriation for ethanol
producer payments and rural economic infrastructure that is in excess of
the amount required to make scheduled ethanol producer payments and deficiency
payments under paragraphs (a) to (h).
Sec. 81. [41A.12]
21ST CENTURY AGRICULTURAL REINVESTMENT PROGRAM.
Subdivision 1.
Establishment. The 21st century agricultural reinvestment
program is established in order to promote the advancement of the state's
agricultural and renewable energy industries.
Subd. 2.
Activities authorized. For the purposes of this program, the
commissioner may issue grants, loans, or other forms of financial
assistance. Eligible activities include,
but are not limited to, grants to livestock producers under the livestock
investment grant program under section 17.118 and bioenergy awards made by the
NextGen Energy Board under section 41A.105.
Subd. 3.
Oversight. The commissioner, in consultation with the
chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over agriculture finance, must allocate available
funds among eligible uses, develop competitive eligibility criteria, and award
funds on a needs basis.
Sec. 82. Minnesota Statutes 2008, section 41B.039,
subdivision 2, is amended to read:
Subd. 2. State
participation. The state may
participate in a new real estate loan with an eligible lender to a beginning
farmer to the extent of 45 percent of the principal amount of the loan or $200,000
$300,000, whichever is less. The
interest rates and repayment terms of the authority's participation interest
may be different than the interest rates and repayment terms of the lender's
retained portion of the loan.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 83. Minnesota Statutes 2008, section 41B.04,
subdivision 8, is amended to read:
Subd. 8. State's
State participation. With
respect to loans that are eligible for restructuring under sections 41B.01 to
41B.23 and upon acceptance by the authority, the authority shall enter into a
participation agreement or other financial arrangement whereby it shall
participate in a restructured loan to the extent of 45 percent of the primary
principal or $225,000 $400,000, whichever is less. The authority's portion of the loan must be
protected during the authority's participation by the first mortgage held by
the eligible lender to the extent of its participation in the loan.
EFFECTIVE DATE. This section is
effective the day following final enactment.
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Sec. 84. Minnesota Statutes 2008, section 41B.042,
subdivision 4, is amended to read:
Subd. 4. Participation
limit; interest. The authority may
participate in new seller-sponsored loans to the extent of 45 percent of the
principal amount of the loan or $200,000 $300,000, whichever is
less. The interest rates and repayment
terms of the authority's participation interest may be different than the
interest rates and repayment terms of the seller's retained portion of the
loan.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 85. Minnesota Statutes 2008, section 41B.043, subdivision
1b, is amended to read:
Subd. 1b. Loan
participation. The authority may
participate in an agricultural improvement loan with an eligible lender to a
farmer who meets the requirements of section 41B.03, subdivision 1, clauses (1)
and (2), and who is actively engaged in farming. Participation is limited to 45 percent of the
principal amount of the loan or $200,000 $300,000, whichever is
less. The interest rates and repayment
terms of the authority's participation interest may be different than the
interest rates and repayment terms of the lender's retained portion of the
loan.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 86. Minnesota Statutes 2008, section 41B.045,
subdivision 2, is amended to read:
Subd. 2. Loan
participation. The authority may
participate in a livestock expansion loan with an eligible lender to a
livestock farmer who meets the requirements of section 41B.03, subdivision 1,
clauses (1) and (2), and who are actively engaged in a livestock
operation. A prospective borrower must
have a total net worth, including assets and liabilities of the borrower's
spouse and dependents, of less than $660,000 in 2004 and an amount in
subsequent years which is adjusted for inflation by multiplying that amount by
the cumulative inflation rate as determined by the United States All-Items
Consumer Price Index.
Participation is limited to 45 percent
of the principal amount of the loan or $275,000 $400,000,
whichever is less. The interest rates
and repayment terms of the authority's participation interest may be different
from the interest rates and repayment terms of the lender's retained portion of
the loan.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 87. Minnesota Statutes 2008, section 97A.045,
subdivision 1, is amended to read:
Subdivision 1. Duties;
generally. (a) The
commissioner shall do all things the commissioner determines are necessary to
preserve, protect, and propagate desirable species of wild animals. The commissioner shall make special
provisions for the management of fish and wildlife to ensure recreational
opportunities for anglers and hunters.
The commissioner shall acquire wild animals for breeding or stocking and
may dispose of or destroy undesirable or predatory wild animals and their dens,
nests, houses, or dams.
(b) Notwithstanding chapters 17 and
35, the commissioner, in consultation with the commissioner of agriculture and
the executive director of the Board of Animal Health, may capture or control
nonnative or domestic animals that are released, have escaped, or are otherwise
running at large and causing damage to natural resources or agricultural lands,
or that are posing a threat to wildlife, domestic animals, or human health. The commissioner may work with other agencies
to assist in the capture or control and may authorize persons to take such
animals.
Sec. 88. Minnesota Statutes 2008, section 239.791,
subdivision 1, is amended to read:
Subdivision 1. Minimum
ethanol content required. (a) Except
as provided in subdivisions 10 to 14, a person responsible for the product
shall ensure that all gasoline sold or offered for sale in Minnesota must
contain at least the quantity of ethanol required by clause (1) or (2),
whichever is greater:
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(1) 10.0
percent denatured ethanol by volume; or
(2) the maximum percent of denatured ethanol by volume
authorized in a waiver granted by the United States Environmental Protection
Agency under section 211(f)(4) of the Clean Air Act, United States Code, title
42, section 7545, subsection (f), paragraph (4).
(b) For purposes of enforcing the minimum ethanol
requirement of paragraph (a), a gasoline/ethanol blend will be construed to be
in compliance if the ethanol content, exclusive of denaturants and permitted
contaminants, comprises not less than 9.2 percent by volume and not more than
10.0 percent by volume of the blend as determined by an appropriate United
States Environmental Protection Agency or American Society of Testing Materials
standard method of analysis of alcohol/ether content in engine fuels.
(c) The provisions of this subdivision are suspended
during any period of time that subdivision 1a, paragraph (a), is in effect.
Sec. 89.
Minnesota Statutes 2008, section 239.791, subdivision 1a, is amended to
read:
Subd. 1a. Minimum ethanol content required. (a) Except as provided in subdivisions 10 to
14, on August 30, 2013, and thereafter, a person responsible for the
product shall ensure that all gasoline sold or offered for sale in Minnesota
must contain at least the quantity of ethanol required by clause (1) or (2),
whichever is greater:
(1) 20
percent denatured ethanol by volume; or
(2) the maximum percent of denatured ethanol by volume
authorized in a waiver granted by the United States Environmental Protection
Agency under section 211(f)(4) of the Clean Air Act, United States Code, title
42, section 7545, subsection (f), paragraph (4).
(b) For purposes of enforcing the minimum ethanol
requirement of paragraph (a), a gasoline/ethanol blend will be construed to be
in compliance if the ethanol content, exclusive of denaturants and permitted
contaminants, comprises not less than 18.4 percent by volume and not more than
20 percent by volume of the blend as determined by an appropriate United States
Environmental Protection Agency or American Society of Testing Materials
standard method of analysis of alcohol content in motor fuels.
(c) No motor fuel shall be deemed to be a defective
product by virtue of the fact that the motor fuel is formulated or blended
pursuant to the requirements of paragraph (a) under any theory of liability
except for simple or willful negligence or fraud. This paragraph does not preclude an action
for negligent, fraudulent, or willful acts.
This paragraph does not affect a person whose liability arises under
chapter 115, water pollution control; 115A, waste management; 115B,
environmental response and liability; 115C, leaking underground storage tanks;
or 299J, pipeline safety; under public nuisance law for damage to the
environment or the public health; under any other environmental or public health
law; or under any environmental or public health ordinance or program of a
municipality as defined in section 466.01.
(d) This subdivision expires on December 31, 2010, if
by that date:
(1) the commissioner of agriculture certifies and
publishes the certification in the State Register that at least 20 percent of
the volume of gasoline sold in the state is denatured ethanol; or
(2) federal approval has not been granted for the use
of E20 as gasoline. The United States
Environmental Protection Agency's failure to act on an application shall not be
deemed approval of the use of E20, or a waiver under section 211(f)(4) of the
Clean Air Act, United States Code, title 42, section 7545, subsection (f),
paragraph (4).
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Sec. 90.
Minnesota Statutes 2008, section 336.9-601, is amended to read:
336.9-601
RIGHTS AFTER DEFAULT; JUDICIAL ENFORCEMENT; CONSIGNOR OR BUYER OF ACCOUNTS,
CHATTEL PAPER, PAYMENT INTANGIBLES, OR PROMISSORY NOTES.
(a) Rights of
secured party after default. After
default, a secured party has the rights provided in this part and, except as
otherwise provided in section 336.9-602, those provided by agreement of the
parties. A secured party:
(1) may reduce a claim to judgment, foreclose, or
otherwise enforce the claim, security interest, or agricultural lien by any
available judicial procedure; and
(2) if the collateral is documents, may proceed either
as to the documents or as to the goods they cover.
(b) Rights and
duties of secured party in possession or control. A secured party in possession of
collateral or control of collateral under section 336.7-106, 336.9-104,
336.9-105, 336.9-106, or 336.9-107 has the rights and duties provided in
section 336.9-207.
(c) Rights
cumulative; simultaneous exercise. The
rights under subsections (a) and (b) are cumulative and may be exercised
simultaneously.
(d) Rights of
debtor and obligor. Except as
otherwise provided in subsection (g) and section 336.9-605, after default, a
debtor and an obligor have the rights provided in this part and by agreement of
the parties.
(e) Lien of
levy after judgment. If a secured
party has reduced its claim to judgment, the lien of any levy that may be made
upon the collateral by virtue of an execution based upon the judgment relates
back to the earliest of:
(1) the date of perfection of the security interest or
agricultural lien in the collateral;
(2) the date of filing a financing statement covering
the collateral; or
(3) any date specified in a statute under which the
agricultural lien was created.
(f) Execution
sale. A sale pursuant to an
execution is a foreclosure of the security interest or agricultural lien by
judicial procedure within the meaning of this section. A secured party may purchase at the sale and
thereafter hold the collateral free of any other requirements of this article.
(g) Consignor
or buyer of certain rights to payment. Except
as otherwise provided in section 336.9-607(c), this part imposes no duties upon
a secured party that is a consignor or is a buyer of accounts, chattel paper,
payment intangibles, or promissory notes.
(h) Security
interest in collateral that is agricultural property; enforcement. A person may not begin to enforce a
security interest in collateral that is agricultural property subject to
sections 583.20 to 583.32 that has secured a debt of more than $5,000
unless: a mediation notice under
subsection (i) is served on the debtor after a condition of default has
occurred in the security agreement and a copy served on the director of the
agricultural extension service; and the debtor and creditor have completed
mediation under sections 583.20 to 583.32; or as otherwise allowed under
sections 583.20 to 583.32.
(i) Mediation
notice. A mediation notice under
subsection (h) must contain the following notice with the blanks properly
filled in.
"TO: ...(Name of Debtor)...
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YOU HAVE DEFAULTED ON THE ...(Debt in
Default)... SECURED BY AGRICULTURAL
PROPERTY DESCRIBED AS ...(Reasonable Description of Agricultural Property
Collateral)... THE AMOUNT OF
THE OUTSTANDING DEBT IS ...(Amount of Debt)...
AS A SECURED PARTY, ...(Name of
Secured Party)... INTENDS TO ENFORCE THE
SECURITY AGREEMENT AGAINST THE AGRICULTURAL PROPERTY DESCRIBED ABOVE BY
REPOSSESSING, FORECLOSING ON, OR OBTAINING A COURT JUDGMENT AGAINST THE
PROPERTY.
YOU HAVE THE RIGHT TO HAVE THE DEBT
REVIEWED FOR MEDIATION. IF YOU REQUEST
MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT
WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY ENFORCES THE DEBT.
IF YOU PARTICIPATE IN MEDIATION, THE
DIRECTOR OF THE AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION
MEETING AND A FINANCIAL ANALYST TO HELP YOU TO PREPARE FINANCIAL
INFORMATION. IF YOU DECIDE TO
PARTICIPATE IN MEDIATION, IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM
FINANCE AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS SOON
AS POSSIBLE. MEDIATION WILL ATTEMPT TO
ARRIVE AT AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE DEBT REVIEWED FOR
MEDIATION YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS
AFTER YOU RECEIVE THIS NOTICE. THE
MEDIATION REQUEST FORM IS AVAILABLE AT ANY COUNTY RECORDER'S OR COUNTY
EXTENSION OFFICE.
FROM: ...(Name and Address of Secured
Party)..."
Sec. 91. Minnesota Statutes 2008, section 550.365,
subdivision 2, is amended to read:
Subd. 2. Contents. A mediation notice must contain the following
notice with the blanks properly filled in.
"TO: ....(Name of Judgment
Debtor)....
A JUDGMENT WAS ORDERED AGAINST YOU BY
....(Name of Court).... ON ....(Date of
Judgment).
AS A JUDGMENT CREDITOR, ....(Name of
Judgment Creditor).... INTENDS TO TAKE
ACTION AGAINST THE AGRICULTURAL PROPERTY DESCRIBED AS ....(Description of
Agricultural Property).... TO SATISFY
THE JUDGMENT IN THE AMOUNT OF ....(Amount of Debt).
YOU HAVE THE RIGHT TO HAVE THE DEBT
REVIEWED FOR MEDIATION. IF YOU REQUEST
MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT
WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY ENFORCES THE DEBT.
IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR
OF THE AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION MEETING AND A
FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT
WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND OPERATION RECORDS
AND TO CONTACT A COUNTY EXTENSION OFFICE AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE DEBT REVIEWED FOR
MEDIATION YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS
AFTER YOU RECEIVE THIS NOTICE. THE
MEDIATION REQUEST FORM IS AVAILABLE AT ANY COUNTY RECORDER'S OR COUNTY
EXTENSION OFFICE.
FROM: ....(Name and Address of
Judgment Creditor)...."
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Sec. 92. Minnesota Statutes 2008, section 559.209,
subdivision 2, is amended to read:
Subd. 2. Contents. A mediation notice must contain the following
notice with the blanks properly filled in.
"TO: ....(Name of Contract for
Deed Purchaser)....
YOU HAVE DEFAULTED ON THE CONTRACT
FOR DEED OF THE AGRICULTURAL PROPERTY DESCRIBED
AS ....(Size and Reasonable Location of Property, Not Legal Description)....
THE AMOUNT OF THE
OUTSTANDING DEBT IS ....(Amount of Debt)....
AS THE CONTRACT FOR DEED VENDOR,
....(Contract for Deed Vendor)....
INTENDS TO TERMINATE THE CONTRACT AND TAKE BACK THE PROPERTY.
YOU HAVE THE RIGHT TO HAVE THE
CONTRACT FOR DEED DEBT REVIEWED FOR MEDIATION.
IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE MEDIATED
ONLY ONCE. IF YOU DO NOT REQUEST
MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE CONTRACT
FOR DEED VENDOR BEGINS REMEDIES TO ENFORCE THE DEBT.
IF YOU PARTICIPATE IN MEDIATION, THE
DIRECTOR OF THE AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION
MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT
WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND OPERATION RECORDS
AND TO CONTACT A COUNTY EXTENSION OFFICE AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE CONTRACT FOR DEED DEBT
REVIEWED FOR MEDIATION YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR
WITHIN 14 DAYS AFTER YOU RECEIVE THE NOTICE.
THE MEDIATION REQUEST FORM IS AVAILABLE AT ANY COUNTY EXTENSION OFFICE.
FROM: ....(Name and Address of
Contract for Deed Vendor)...."
Sec. 93. Minnesota Statutes 2008, section 582.039,
subdivision 2, is amended to read:
Subd. 2. Contents. A mediation notice must contain the following
notice with the blanks properly filled in.
"TO: ....(Name of Record
Owner)....
YOU HAVE DEFAULTED ON THE MORTGAGE OF
THE AGRICULTURAL PROPERTY DESCRIBED AS ....(Size and Reasonable Location, Not
Legal Description).... THE
AMOUNT OF THE OUTSTANDING DEBT ON THIS PROPERTY IS ....(Amount of Debt)....
AS HOLDER OF THE MORTGAGE, ....(Name
of Holder of Mortgage).... INTENDS TO
FORECLOSE ON THE PROPERTY DESCRIBED ABOVE.
YOU HAVE THE RIGHT TO HAVE THE
MORTGAGE DEBT REVIEWED FOR MEDIATION. IF
YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE MEDIATED ONLY
ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS
DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY ENFORCES THE
DEBT.
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IF YOU PARTICIPATE IN MEDIATION, THE
DIRECTOR OF THE AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION
MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT
WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND OPERATION RECORDS
AND TO CONTACT A COUNTY EXTENSION OFFICE AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE MORTGAGE DEBT REVIEWED FOR
MEDIATION YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS
AFTER YOU RECEIVE THIS NOTICE. THE
MEDIATION REQUEST FORM IS AVAILABLE AT ANY COUNTY RECORDER'S OR COUNTY
EXTENSION OFFICE.
FROM: ....(Name and Address of Holder
of Mortgage)...."
Sec. 94. Minnesota Statutes 2008, section 583.215, is
amended to read:
583.215 EXPIRATION.
(a) Sections 336.9-601, subsections (h) and (i); 550.365;
559.209; 582.039; and 583.20 to 583.32, expire June 30, 2009
2013.
(b) Laws 1986, chapter 398, article 1,
section 18, as amended, is repealed.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 95. HUMAN
RESOURCES.
For fiscal years 2010 and 2011, the
Department of Agriculture, Board of Animal Health, and Agricultural Utilization
Research Institute may not use funds appropriated in sections 1 to 5 or
statutorily appropriated from the agricultural fund to directly or indirectly
pay for the services of staff in the Office of the Governor.
Sec. 96. BOVINE
TUBERCULOSIS CONTROL ASSESSMENT; TEMPORARY ASSESSMENT; APPROPRIATION.
(a) From January 1, 2009, to December
31, 2009, a person who purchases cattle that were raised or fed within this
state shall collect a bovine tuberculosis control assessment of $1 per head
from the seller and shall submit all assessments collected to the commissioner
of agriculture at least once every 30 days.
If cattle that were raised or fed within this state are sold outside of
the state and the assessment is not collected by the purchaser, the seller is
responsible for submitting the assessment to the commissioner. For the purposes of this section, "a
person who purchases cattle that were raised or fed within this state"
includes the first purchaser, as defined in Minnesota Statutes, section 17.53,
subdivision 8, paragraph (a), and any subsequent purchaser of the living
animal.
(b) Money collected under this section
shall be deposited in an account in the special revenue fund and is
appropriated to the Board of Animal Health for bovine tuberculosis control
activities.
(c) Notwithstanding paragraph (a), a
person may not collect a bovine tuberculosis control assessment from a person
whose cattle operation is located within a modified accredited zone established
under Minnesota Statutes, section 35.244, unless the cattle owner voluntarily
pays the assessment. The commissioner of
agriculture shall publish and make available a list of cattle producers exempt
under this paragraph.
(d) This section may be enforced under
Minnesota Statutes, sections 17.982 to 17.984.
EFFECTIVE DATE. This section is
effective the day following final enactment and applies retroactively to cattle
purchased on or after January 1, 2009.
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Sec. 97. BIOFUEL
STUDY; REPORT.
The commissioner of agriculture must
study the economic and technological feasibility of producing ethanol from
whey. No later than May 1, 2010, the
commissioner of agriculture must report findings to the legislative committees
with jurisdiction over agriculture policy and finance.
Sec. 98. FEDERAL
STIMULUS FUNDING.
The commissioner of agriculture must apply
for funding available to the state through the federal American Recovery and
Reinvestment Act of 2009, Public Law 111-5, for areas under the purview of the
commissioner including but not limited to agriculture and rural development,
bioenergy, food safety, farm-to-school and related nutrition programs, and the
development of local and regional food systems.
Sec. 99. REPORT
ON MINNESOTA PROCESSED FOODS LABELING.
(a) The commissioner of agriculture
must consult with Minnesota food processors and retailers regarding the
development of labeling that identifies food products processed in this
state. The commissioner must consult
with interested parties including, but not limited to, the following
organizations:
(1) at least four food processor
industry representatives who represent different business sizes and product
categories;
(2) at least two food retailers of
which at least one must have retail store locations located outside of the Twin
Cities metropolitan area;
(3) two representatives of the Department
of Agriculture, one who works with the Minnesota grown program and one who
works with the processed foods program;
(4) one representative of the
Agricultural Utilization Research Institute; and
(5) two representatives of statewide
agricultural producer groups.
(b) No later than March 31, 2010, the
commissioner must report findings and recommendations to the legislative
committees with jurisdiction over agriculture policy and finance. The report should include an assessment of
the level of food processor interest in developing a trademarked logo or
labeling statement as well as recommendations regarding program funding
options, product eligibility criteria, and coordination with existing labeling
and promotion programs and resources.
Sec. 100. FERAL
SWINE REPORT.
The commissioner of natural resources,
in coordination with the commissioner of agriculture and the executive director
of the Board of Animal Health, must develop a report and recommend any
necessary changes to state policies, authorities, and penalties related to
feral swine and other nonnative or domestic animals released, that have
escaped, or that are otherwise running at large. The agencies must consult with interested
stakeholders. No later than January 15,
2010, the commissioner of natural resources must submit the report to the
legislative committees with jurisdiction over natural resources or agriculture
policy or finance.
Sec. 101. DEADLINE
FOR APPOINTMENTS.
The commissioner of agriculture must
complete the appointments required under Minnesota Statutes, section 18.91, by
September 1, 2009. The commissioner or
the commissioner's designee shall convene the first meeting of the committee no
later than October 1, 2009.
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Sec. 102. APPROPRIATION
MODIFICATION.
(a) Notwithstanding Minnesota
Statutes, section 35.085, the Board of Animal Health may make onetime grants to
certain beef cattle producers participating in the bovine tuberculosis herd
buyout authorized in Minnesota Statutes, section 35.086, from the $100,000
appropriation for reimbursements in Laws 2007, chapter 45, article 1, section
4.
(b) A buyout participant is eligible
for payment under this section if the Board of Animal Health quarantined the
participant's herd and required the participant to sell young cattle at
slaughter rather than as feeder cattle.
(c) For each head of cattle sold at
slaughter under paragraph (b), the Board of Animal Health must pay the
difference between the fair market feeder cattle value at the time of sale, as
determined by the Board of Animal Health, and the documented slaughter price received
by the participant.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 103. UNUSED
OFFICE SPACE.
The commissioner of agriculture, in
consultation with the commissioner of administration, must actively seek tenants
to rent vacant or unused space in the Freeman Building. The commissioner of agriculture must notify
entities that receive state funding of the amount and type of space available,
the rental rate, and other lease terms.
No later than February 1, 2011, the commissioner of agriculture must
report actions taken and outcomes achieved under this section to the
legislative committees with jurisdiction over agriculture finance.
Sec. 104. REPEALER.
Minnesota Statutes 2008, sections
17.49, subdivision 3; 18G.12, subdivision 5; 38.02, subdivisions 3 and 4;
41.51; 41.52; 41.53; 41.55; 41.56; 41.57; 41.58, subdivisions 1 and 2; 41.59,
subdivision 1; 41.60; 41.61, subdivision 1; 41.62; 41.63; and 41.65, and
Minnesota Rules, part 1505.0820, are repealed.
ARTICLE 2
RURAL FINANCE AUTHORITY
Section 1. RURAL
FINANCE AUTHORITY; APPROPRIATION.
Subdivision 1.
Appropriation. $35,000,000 is appropriated from the bond
proceeds fund to the commissioner of agriculture, as chair of the Board of the Rural
Finance Authority, to purchase participation interests in or to make direct
agricultural loans to farmers under Minnesota Statutes, chapter 41B, as
authorized by the Minnesota Constitution, article XI, section 5, clause (h). This appropriation is for the beginning
farmer program under Minnesota Statutes, section 41B.039; the loan
restructuring program under Minnesota Statutes, section 41B.04; the
seller-sponsored program under Minnesota Statutes, section 41B.042; the
agricultural improvement loan program under Minnesota Statutes, section
41B.043; and the livestock expansion loan program under Minnesota Statutes,
section 41B.045. All debt service on
bond proceeds used to finance this appropriation must be repaid by the Rural
Finance Authority under Minnesota Statutes, section 16A.643. Loan participations must be priced to provide
full interest and principal coverage and a reserve for potential losses. Priority for loans must be given first, to
basic beginning farmer loans; second, to seller-sponsored loans; and third, to
agricultural improvement loans.
Subd. 2.
Bond sale. To provide the money appropriated in this
section from the bond proceeds fund, the commissioner of finance shall sell and
issue bonds of the state in an amount up to $35,000,000 in the manner, upon the
terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631
to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7.
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Subd. 3. Notice. If the appropriations in this section are
enacted more than once in the 2009 regular legislative session, these
appropriations must be given effect only once.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
ARTICLE 3
VETERANS AFFAIRS
Section
1. VETERANS
AFFAIRS.
The sums shown in the
columns marked "Appropriations" are appropriated to the agencies and
for the purposes specified in this article.
The appropriations are from the general fund and are available for the
fiscal years indicated for each purpose.
The figures "2010" and "2011" used in this article
mean that the appropriations listed under them are available for the fiscal
year ending June 30, 2010, or June 30, 2011, respectively. "The first
year" is fiscal year 2010. "The second year" is fiscal year
2011. "The biennium" is fiscal years 2010 and 2011.
APPROPRIATIONS
Available for the Year
Ending June 30
2010 2011
Sec. 2.
VETERANS AFFAIRS
Subdivision 1. Total
Appropriation $66,958,000 $68,558,000
Subd. 2. Veterans
Services 22,032,000 22,032,000
Of this amount, $980,000 in fiscal year 2010 and
$980,000 in fiscal year 2011 are to be used to continue working on the merger
of the Department of Veterans Affairs computer system and the former Veterans
Homes Board computer system.
Homeless Veterans. $750,000
each year is in addition to the base and is a onetime appropriation for a grant
to the Minnesota Assistance Council for Veterans (MACV) to provide assistance
throughout Minnesota to veterans and their families who are homeless or in
danger of homelessness, including housing, utility, employment, and legal
assistance, according to guidelines established by the commissioner. In order to avoid duplication of services,
the commissioner must ensure that this assistance will be coordinated with all other
available programs for veterans.
State Soldiers Assistance Fund. $500,000
each year is to be added to the state soldiers assistance fund.
Subd. 3. Veterans
Homes 44,926,000 46,526,000
Veterans Homes Special Revenue
Account. The general fund appropriations made to
the department may be transferred to a veterans homes special revenue account
in the special revenue
Journal of the House - 36th Day - Monday, April 20,
2009 - Top of Page 2890
fund in the same manner as other receipts are
deposited according to Minnesota Statutes, section 198.34, and are appropriated
to the department for the operation of veterans homes facilities and programs.
Repair and Betterment. Of this
appropriation, $1,250,000 in fiscal year 2010 and $1,250,000 in fiscal year
2011 are to be used for repair, maintenance, rehabilitation, and betterment
activities at facilities statewide.
Sec. 3. Minnesota Statutes 2008, section 16C.16, is amended
by adding a subdivision to read:
Subd. 6a.
Veteran-owned small
businesses. (a) The
commissioner shall award up to a six percent preference, but no less than the
percentage awarded to any other group under this section, in the amount bid on
state procurement to certified small businesses that are majority-owned and
operated either:
(1) by veterans, as indicated by the
person's United States Department of Defense form DD-214 or by the commissioner
of veterans affairs; or
(2) by veterans having service-connected
disabilities, as determined at any time by the United States Department of
Veterans Affairs.
(b) The purpose of this designation
is to facilitate the transition of veterans from military to civilian life, and
to help compensate veterans for their sacrifices, including but not limited to
their sacrifice of health and time, to the state and nation during their
military service, as well as to enhance economic development within Minnesota.
(c) For purposes of this section and
section 16C.19, the following terms have the meanings given them:
(1) "veteran" has the
meaning given in section 197.447;
(2) "service-connected
disability" has the meaning given in United States Code, title 38, section
101(16), as determined by the United States Department of Veterans Affairs.
EFFECTIVE DATE. This section is
effective July 1, 2009, and applies to procurement contract bid solicitations
issued on and after that date.
Sec. 4. Minnesota Statutes 2008, section 16C.19, is
amended to read:
16C.19 ELIGIBILITY; RULES.
(a) A small business wishing to
participate in the programs under section 16C.16, subdivisions 4 to 7, must be
certified by the commissioner. The
commissioner shall adopt by rule standards and procedures for certifying that
small businesses, small targeted group businesses, and small businesses located
in economically disadvantaged areas are eligible to participate under the
requirements of sections 16C.16 to 16C.21.
The commissioner shall adopt by rule standards and procedures for
hearing appeals and grievances and other rules necessary to carry out the
duties set forth in sections 16C.16 to 16C.21.
(b) The commissioner may make rules
which exclude or limit the participation of nonmanufacturing business, including
third-party lessors, brokers, franchises, jobbers, manufacturers'
representatives, and others from eligibility under sections 16C.16 to
16C.21.
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(c) The commissioner may make rules
that set time limits and other eligibility limits on business participation in
programs under sections 16C.16 to 16C.21.
(d) Notwithstanding paragraph (c), for
purposes of sections 16C.16 to 16C.21, a veteran-owned small business or
service-disabled veteran-owned small business, the principal place of business
of which is in Minnesota, is certified if it has been verified by the United
States Department of Veterans Affairs as being a veteran-owned small business
or service disabled veteran-owned small business in accordance with Public Law
109-461 and Code of Federal Regulations, title 38, part 74.
EFFECTIVE DATE. This section is
effective July 1, 2009, and applies to procurement contract bid solicitations
issued on and after that date.
Sec. 5. Minnesota Statutes 2008, section 16C.20, is
amended to read:
16C.20 CERTIFICATION.
A business that is certified by the
commissioner of administration as a small business, small targeted group
business or, a small business located in an economically
disadvantaged area, or a veteran-owned small business is eligible to
participate under the requirements of sections 137.31 and 161.321 and, if
certified as a small business or, small targeted group business,
or veteran-owned small business, under section 473.142 without further
certification by the contracting agency.
EFFECTIVE DATE. This section is
effective July 1, 2009, and applies to procurement contract bid solicitations
issued on and after that date.
Sec. 6. Minnesota Statutes 2008, section 43A.11,
subdivision 7, is amended to read:
Subd. 7. Ranking
of veterans. Applicants who meet the
minimum qualifications for a vacant position and claim disabled veteran's preference
shall be listed in the applicant pool ahead of all other applicants. Applicants who meet the minimum
qualifications for a vacant position and claim nondisabled veteran's preference
shall be listed in the applicant pool after those claiming disabled veteran's
preference and ahead of nonveterans. Each
recently separated veteran who meets minimum qualifications for a vacant
position and has claimed a veterans or disabled veterans preference must be
granted an interview for the position by the hiring authority.
The term "recently separated
veteran" means a veteran, as defined in section 197.447, who has served in
active military service, at any time on or after September 11, 2001, and who
has been honorably discharged from active service, as shown by the person's
form DD-214.
EFFECTIVE DATE. This section is
effective July 1, 2009, and applies to all appointments made on or after that
date.
Sec. 7. Minnesota Statutes 2008, section 43A.23,
subdivision 1, is amended to read:
Subdivision 1. General. (a) The commissioner is authorized to request
proposals or to negotiate and to enter into contracts with parties which in the
judgment of the commissioner are best qualified to provide service to the
benefit plans. Contracts entered into
are not subject to the requirements of sections 16C.16 to 16C.19. The commissioner may negotiate premium rates
and coverage. The commissioner shall
consider the cost of the plans, conversion options relating to the contracts,
service capabilities, character, financial position, and reputation of the
carriers, and any other factors which the commissioner deems appropriate. Each benefit contract must be for a uniform
term of at least one year, but may be made automatically renewable from term to
term in the absence of notice of termination by either party. A carrier licensed under chapter 62A is
exempt from the taxes imposed by chapter 297I on premiums paid to it by the
state.
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(b) All self-insured hospital and
medical service products must comply with coverage mandates, data reporting,
and consumer protection requirements applicable to the licensed carrier
administering the product, had the product been insured, including chapters
62J, 62M, and 62Q. Any self-insured
products that limit coverage to a network of providers or provide different
levels of coverage between network and nonnetwork providers shall comply with
section 62D.123 and geographic access standards for health maintenance
organizations adopted by the commissioner of health in rule under chapter 62D.
(c) Notwithstanding paragraph (b), a
self-insured hospital and medical product offered under sections 43A.22 to
43A.30 is not required to extend dependent coverage to an eligible employee's
unmarried child under the age of 25 to the full extent required under chapters
62A and 62L. Dependent coverage must, at
a minimum, extend to an eligible employee's unmarried child who is under the
age of 19 or an unmarried child under the age of 25 who is a full-time
student. A person who is at least 19
years of age but who is under the age of 25 and who is not a full-time student
must be permitted to be enrolled as a dependent of an eligible employee until
age 25 if the person:
(1) was a full-time student
immediately prior to being ordered into active military service, as defined in
section 190.05, subdivision 5b or 5c;
(2) has been separated or discharged
from active military service; and
(3) would be eligible to enroll as a
dependent of an eligible employee, except that the person is not a full-time
student.
The definition of "full-time
student" for purposes of this paragraph includes any student who by reason
of illness, injury, or physical or mental disability as documented by a
physician is unable to carry what the educational institution considers a
full-time course load so long as the student's course load is at least 60
percent of what otherwise is considered by the institution to be a full-time
course load. Any notice regarding
termination of coverage due to attainment of the limiting age must include
information about this definition of "full-time student."
(d) Beginning January 1, 2010, the
health insurance benefit plans offered in the commissioner's plan under section
43A.18, subdivision 2, and the managerial plan under section 43A.18,
subdivision 3, must include an option for a health plan that is compatible with
the definition of a high-deductible health plan in section 223 of the United
States Internal Revenue Code.
EFFECTIVE DATE. This section is
effective the day following final enactment and applies to persons separated or
discharged from active military service before, on, or after that date.
Sec. 8. Minnesota Statutes 2008, section 85.053,
subdivision 10, is amended to read:
Subd. 10. Free
entrance; totally and permanently disabled veterans. The commissioner shall issue an annual park
permit for no charge for to any veteran with a total and
permanent service-connected disability, as determined by the United States
Department of Veterans Affairs, who presents each year a copy of their
determination letter to a park attendant or commissioner's designee. For the purposes of this section,
"veteran" with a total and permanent service-connected
disability" means a resident who has a total and permanent
service-connected disability as adjudicated by the United States Veterans
Administration or by the retirement board of one of the several branches of the
armed forces has the meaning given in section 197.447.
EFFECTIVE DATE. This section is
effective July 1, 2009, for state park permits issued on or after that date.
Sec. 9. Minnesota Statutes 2008, section 97A.465,
subdivision 5, is amended to read:
Subd. 5. Preference
to service members. (a) For purposes
of this subdivision:
(1) "qualified service member or
veteran" means a Minnesota resident who:
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(i) is currently serving, or has served at any time during
the past 24 months, in active service as a member of the United States armed
forces, including the National Guard or other military reserves;
(ii) has received a Purple Heart medal
for qualifying military service, as shown by official military records; or
(iii) has a service-connected disability
rated at 70 percent or more as defined by the United States Veterans
Administration; and
(2) "active service" means
service defined under section 190.05, subdivision 5b or 5c.
(b) Notwithstanding any other
provision of this chapter, chapter 97B or 97C, or administrative rules, the
commissioner may shall give first preference to qualified service
members or veterans in any drawing or lottery involving the selection of
applicants for hunting or fishing licenses, permits, and special permits. This subdivision does not apply to licenses
or permits for taking moose, elk, or prairie chickens. Actions of the commissioner under this
subdivision are not rules under the Administrative Procedure Act and section
14.386 does not apply.
Sec. 10. Minnesota Statutes 2008, section 161.321, is
amended to read:
161.321 SMALL BUSINESS CONTRACTS.
Subdivision 1. Definitions. For purposes of this section the following
terms have the meanings given them, except where the context clearly indicates
a different meaning is intended.
(a) "Award" means the
granting of a contract in accordance with all applicable laws and rules
governing competitive bidding except as otherwise provided in this section.
(b) "Contract" means an
agreement entered into between a business entity and the state of Minnesota for
the construction of transportation improvements.
(c) "Subcontractor" means a
business entity which enters into a legally binding agreement with another
business entity which is a party to a contract as defined in paragraph (b).
(d) "Targeted group
business" means a business designated under section 16C.16, subdivision
5.
(e) "Veteran-owned small
business" means a business designated under section 16C.16, subdivision
6a.
Subd. 2. Small
business set-asides. (a) The
commissioner may award up to a six percent preference in the amount bid for
specified construction work to small targeted group businesses and
veteran-owned small businesses.
(b) The commissioner may designate a contract
for construction work for award only to small targeted group businesses if the
commissioner determines that at least three small targeted group businesses are
likely to bid. The commissioner may
designate a contract for construction work for award only to veteran-owned
small businesses if the commissioner determines that at least three
veteran-owned small businesses are likely to bid.
(c) The commissioner, as a condition
of awarding a construction contract, may set goals that require the prime contractor
to subcontract a portion of the contract to small targeted group businesses
and veteran-owned small businesses.
The commissioner must establish a procedure for granting waivers from
the subcontracting requirement when qualified small targeted group businesses
and veteran-owned small businesses are not reasonably available. The commissioner may establish financial
incentives for prime contractors who exceed the goals for use of subcontractors
and financial penalties for prime contractors who fail to meet goals under this
paragraph. The subcontracting
requirements of this paragraph do not apply to prime contractors who are small
targeted group businesses or veteran-owned small businesses.
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(d) The commissioner may award up to
a four percent preference in the amount bid on procurement to small businesses
located in an economically disadvantaged area as defined in section 16C.16,
subdivision 7.
Subd. 3. Awards
to small businesses. At least 75
percent of subcontracts awarded to small targeted group businesses must be
performed by the business to which the subcontract is awarded or another small
targeted group business. At least 75
percent of subcontracts awarded to veteran-owned small businesses must be
performed by the business to which the subcontract is awarded or another
veteran-owned small business.
Subd. 4. Awards,
limitations. Contracts awarded
pursuant to this section are subject to all limitations contained in rules
adopted by the commissioner of administration.
Subd. 5. Recourse
to other businesses. If the
commissioner is unable to award a contract pursuant to the provisions of
subdivisions 2 and 3, the award may be placed pursuant to the normal
solicitation and award provisions set forth in this chapter and chapter 16C.
Subd. 6. Rules. The rules adopted by the commissioner of
administration to define small businesses and to set time and other eligibility
requirements for participation in programs under sections 16C.16 to 16C.19
apply to this section. The commissioner
may promulgate other rules necessary to carry out this section.
Subd. 7. Noncompetitive
bids. The commissioner is encouraged
to purchase from small targeted group businesses and veteran-owned small
businesses designated under section 16C.16 when making purchases that are
not subject to competitive bidding procedures.
Subd. 8. Report
by commissioner. The commissioner of
transportation shall report to the commissioner of administration on compliance
with this section. The information must
be reported at the time and in the manner requested by the commissioner.
EFFECTIVE DATE. This section is
effective July 1, 2009, and applies to procurement contract bid solicitations
issued on and after that date.
Sec. 11. Minnesota Statutes 2008, section 171.06,
subdivision 3, is amended to read:
Subd. 3. Contents
of application; other information.
(a) An application must:
(1) state the full name, date of
birth, sex, and either (i) the residence address of the applicant, or (ii)
designated address under section 5B.05;
(2) as may be required by the
commissioner, contain a description of the applicant and any other facts pertaining
to the applicant, the applicant's driving privileges, and the applicant's
ability to operate a motor vehicle with safety;
(3) state:
(i) the applicant's Social Security
number; or
(ii) if the applicant does not have a
Social Security number and is applying for a Minnesota identification card,
instruction permit, or class D provisional or driver's license, that the
applicant certifies that the applicant does not have a Social Security number;
(4) contain a space where the
applicant may indicate a desire to make an anatomical gift according to
paragraph (b); and
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(5) contain a notification to the
applicant of the availability of a living will/health care directive
designation on the license under section 171.07, subdivision 7; and
(6) contain a space where the
applicant may request a veteran designation on the license under section
171.07, subdivision 15, and the driving record under section 171.12,
subdivision 5a.
(b) If the applicant does not
indicate a desire to make an anatomical gift when the application is made, the
applicant must be offered a donor document in accordance with section 171.07,
subdivision 5. The application must
contain statements sufficient to comply with the requirements of the Darlene
Luther Revised Uniform Anatomical Gift Act, chapter 525A, so that execution of
the application or donor document will make the anatomical gift as provided in
section 171.07, subdivision 5, for those indicating a desire to make an
anatomical gift. The application must be
accompanied by information describing Minnesota laws regarding anatomical gifts
and the need for and benefits of anatomical gifts, and the legal implications
of making an anatomical gift, including the law governing revocation of
anatomical gifts. The commissioner shall
distribute a notice that must accompany all applications for and renewals of a
driver's license or Minnesota identification card. The notice must be prepared in conjunction
with a Minnesota organ procurement organization that is certified by the
federal Department of Health and Human Services and must include:
(1) a statement that provides a fair and
reasonable description of the organ donation process, the care of the donor
body after death, and the importance of informing family members of the
donation decision; and
(2) a telephone number in a certified
Minnesota organ procurement organization that may be called with respect to
questions regarding anatomical gifts.
(c) The application must be
accompanied also by information containing relevant facts relating to:
(1) the effect of alcohol on driving
ability;
(2) the effect of mixing alcohol with
drugs;
(3) the laws of Minnesota relating to
operation of a motor vehicle while under the influence of alcohol or a
controlled substance; and
(4) the levels of alcohol-related
fatalities and accidents in Minnesota and of arrests for alcohol-related violations.
Sec. 12. Minnesota Statutes 2008, section 171.07, is
amended by adding a subdivision to read:
Subd. 15.
Veteran designation. (a) At the request of the applicant and on
payment of the required fee, the department shall issue, renew, or reissue a
driver's license or Minnesota identification card bearing the designation
"Veteran" to an applicant who is a veteran, as defined in section
197.447.
(b) At the time of the initial
application for the designation provided under this subdivision, the applicant
must have a certified copy of the veteran's discharge papers.
(c) The commissioner of public safety
is required to issue drivers' licenses and Minnesota identification cards with
the veteran designation only after entering a new contract or in coordination
with producing a new card design with modifications made as required by law.
EFFECTIVE DATE. This section is
effective August 1, 2009, and applies to drivers' licenses and Minnesota
identification cards issued as stated in paragraph (c).
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2009 - Top of Page 2896
Sec. 13.
Minnesota Statutes 2008, section 171.12, is amended by adding a
subdivision to read:
Subd. 5a. Veteran
designation. When an
applicant for a driver's license, instruction permit, or Minnesota
identification card requests a veteran designation under section 171.06,
subdivision 3, the commissioner shall maintain a computer record of veteran
designations. The veteran designation
may be removed from the computer record only upon written notice to the
department. The veteran designation is
classified as private data on individuals as defined in section 13.02,
subdivision 12, except that this information is available to the commissioner
of veterans affairs for the purpose of administering veterans benefits.
Sec. 14. [192.525] POSTDEPLOYMENT HEALTH
ASSESSMENTS.
The adjutant general shall establish a program of
postdeployment health assessments for members of the National Guard who have
been called into active military service and deployed outside the state. There must be health assessments
approximately six months and one year after the end of a member's
deployment. The adjutant general may
call on other state agencies, the United States Department of Veterans Affairs,
county veteran service officers, and other appropriate resources in
administering this program.
Sec. 15.
Minnesota Statutes 2008, section 197.455, subdivision 1, is amended to
read:
Subdivision 1. Application. (a) This section shall govern
preference of a veteran under the civil service laws, charter provisions,
ordinances, rules or regulations of a county, city, town, school district, or
other municipality or political subdivision of this state. Any provision in a law, charter, ordinance,
rule or regulation contrary to the applicable provisions of this section is
void to the extent of such inconsistency.
(b) Sections
197.46 to 197.48 shall not 197.481 also apply to state civil
service. a veteran who is an incumbent in a classified appointment in
the state civil service and has completed the probationary period for that
position, as defined under section 43A.16.
In matters of dismissal from such a position, a qualified veteran has
the irrevocable option of using the procedures described in sections 197.46 to
197.481, or the procedures provided in the collective bargaining agreement
applicable to the person, but not both.
For a qualified veteran electing to use the procedures of sections
197.46 to 197.481, the matters governed by those sections must not be
considered grievances under a collective bargaining agreement, and if a veteran
elects to appeal the dispute through those sections, the veteran is precluded
from making an appeal under the grievance procedure of the collective
bargaining agreement.
EFFECTIVE
DATE. This section is effective July 1, 2009,
and applies to appointments to state and local government positions of
employment made on or after that date.
Sec. 16.
Minnesota Statutes 2008, section 197.46, is amended to read:
197.46
VETERANS PREFERENCE ACT; REMOVAL FORBIDDEN; RIGHT OF MANDAMUS.
Any person whose rights may be in any way prejudiced
contrary to any of the provisions of this section, shall be entitled to a writ
of mandamus to remedy the wrong. No
person holding a position by appointment or employment in the several counties,
cities, towns, school districts and all other political subdivisions in the
state, who is a veteran separated from the military service under honorable
conditions, shall be removed from such position or employment except for
incompetency or misconduct shown after a hearing, upon due notice, upon stated
charges, in writing.
Any veteran who has been notified of the intent to
discharge the veteran from an appointed position or employment pursuant to this
section shall be notified in writing of such intent to discharge and of the
veteran's right to request a hearing within 60 days of receipt of the notice of
intent to discharge. The failure of a
veteran to request a hearing within the provided 60-day period shall constitute
a waiver of the right to a hearing. Such
failure shall also waive all other available legal remedies for reinstatement.
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Request for a hearing concerning such
a discharge shall be made in writing and submitted by mail or personal service
to the employment office of the concerned employer or other appropriate office
or person.
In all governmental subdivisions
having an established civil service board or commission, or merit system
authority, such hearing for removal or discharge shall be held before such
civil service board or commission or merit system authority. Where no such civil service board or
commission or merit system authority exists, such hearing shall be held by a
board of three persons appointed as follows:
one by the governmental subdivision, one by the veteran, and the third
by the two so selected. In the event the
two persons so selected do not appoint the third person within ten days after
the appointment of the last of the two, then the judge of the district court of
the county wherein the proceeding is pending, or if there be more than one
judge in said county then any judge in chambers, shall have jurisdiction to
appoint, and upon application of either or both of the two so selected shall
appoint, the third person to the board and the person so appointed by the judge
with the two first selected shall constitute the board. The veteran may appeal from the decision of
the board upon the charges to the district court by causing written notice of
appeal, stating the grounds thereof, to be served upon the governmental
subdivision or officer making the charges within 15 days after notice of the
decision and by filing the original notice of appeal with proof of service
thereof in the office of the court administrator of the district court within
ten days after service thereof. Nothing
in section 197.455 or this section shall be construed to apply to the position
of private secretary, teacher, superintendent of schools, or one chief
deputy of any elected official or head of a department, or to any person
holding a strictly confidential relation to the appointing officer. The burden of establishing such relationship
shall be upon the appointing officer in all proceedings and actions relating
thereto.
All officers, boards, commissions,
and employees shall conform to, comply with, and aid in all proper ways in
carrying into effect the provisions of section 197.455 and this section
notwithstanding any laws, charter provisions, ordinances or rules to the
contrary. Any willful violation of such
sections by officers, officials, or employees is a misdemeanor.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 17. Minnesota Statutes 2008, section 198.003, is
amended by adding a subdivision to read:
Subd. 4a.
Federal funding. The commissioner is authorized to apply
for and accept federal funding for purposes of this section.
Sec. 18. Minnesota Statutes 2008, section 198.003, is
amended by adding a subdivision to read:
Subd. 7.
Use of Medicare Part D for
pharmacy costs. (a) The
commissioner shall maximize the use of Medicare Part D to pay pharmacy costs
for eligible veterans residing at the veterans homes.
(b) The commissioner shall encourage
eligible veterans to participate in the Medicare Part D program and assist
veterans in obtaining Medicare Part D coverage.
(c) The commissioner shall take any
necessary steps to prevent an eligible veteran participating in Medicare
Part D from receiving fewer benefits under Medicare Part D than they would
have received under their existing Veterans Administration benefits.
Sec. 19. [198.365]
VETERANS MENTAL HEALTH FACILITY; KANDIYOHI COUNTY.
Subdivision 1.
Establishment. (a) The commissioner of veterans affairs
shall establish a 90-bed facility in Kandiyohi County to provide residential
mental health nursing services to veterans, in conformance with licensing rules
of the Department of Health and funding requirements of the United States
Department of Veterans Affairs.
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(b) Services provided by the facility
may include, but not be limited to:
(1) geriatric care for mentally ill
veterans who have severe behavior problems; and
(2) standard long-term care.
(c) To the extent practicable, the
facility shall accept referrals from veterans homes in the state.
Subd. 2.
Funding. (a) The facility must be purchased or
built with funds, 65 percent of which must be provided by the federal
government and 35 percent by other nonstate sources, including local units of
government, veterans organizations, business entities, volunteer organizations,
and any other nonstate sources deemed acceptable by the commissioner. Local contributions must include land for the
facility and grounds, and funding sufficient to cover the full state and local
contribution for the federal matching grant.
The commissioner is authorized to accept pledges and funding, including
contributions of land, from these local sources for this purpose.
(b) The commissioner shall seek
private, local, state, and federal funding for possible development of a
public-private partnership to provide services at this facility for veterans
with traumatic brain injury and with posttraumatic stress disorder, as well as
for veterans who have a dual diagnosis of mental illness and chemical
dependency.
(c) The commissioner shall seek
funding from private, local, state, and federal sources for possible
development of traumatic brain injury research at this facility.
Sec. 20. Minnesota Statutes 2008, section 471.975, is
amended to read:
471.975 MAY PAY DIFFERENTIAL OF RESERVE ON ACTIVE DUTY.
(a) Except as provided in paragraph
(b), a statutory or home rule charter city, county, town, or other political
subdivision may pay to each eligible member of the National Guard or other reserve
component of the armed forces of the United States an amount equal to the
difference between the member's basic base active duty military
salary and the salary the member would be paid as an active political
subdivision employee, including any adjustments the member would have received
if not on leave of absence. This payment
may be made only to a person whose basic base active duty
military salary is less than the salary the person would be paid as an active
political subdivision employee. Back pay
authorized by this section may be paid in a lump sum. Payment under this section must not extend
beyond four years from the date the employee reported for active service, plus
any additional time the employee may be legally required to serve.
(b) Subject to the limits under
paragraph (g), each school district shall pay to each eligible member of the
National Guard or other reserve component of the armed forces of the United
States an amount equal to the difference between the member's basic base
active duty military salary and the salary the member would be paid as an
active school district employee, including any adjustments the member would
have received if not on leave of absence.
The pay differential must be based on a comparison between the member's
daily base rate of active duty pay, calculated by dividing the member's base
military monthly salary by the number of paid days in the month, and the
member's daily rate of pay for the member's school district salary, calculated
by dividing the member's total school district salary by the number of contract
days. The member's salary as a school
district employee must include the member's basic salary and any additional
salary the member earns from the school district for cocurricular and
extracurricular activities. The
differential payment under this paragraph must be the difference between the
daily base rates of military pay times the number of school district
contract days the member misses because of military active duty. This payment may be made only to a person
whose basic active duty military salary daily base rate of active
duty pay is less than the salary the person would be paid
person's daily rate of pay as an active school district employee. Payments may be made at the intervals at
which the member received pay as a school district employee. Payment under this section must not extend
beyond four years from the date the employee reported for active service, plus
any additional time the employee may be legally required to serve.
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(c) An eligible member of the reserve
components of the armed forces of the United States is a reservist or National
Guard member who was an employee of a political subdivision at the time the
member reported for active service on or after May 29, 2003, or who is on
active service on May 29, 2003.
(d) Except as provided in paragraph
(e) and elsewhere in Minnesota Statutes, a statutory or home rule charter city,
county, town, or other political subdivision has total discretion regarding
employee benefit continuation for a member who reports for active service and
the terms and conditions of any benefit.
(e) A school district must continue
the employee's enrollment in health and dental coverage, and the employer
contribution toward that coverage, until the employee is covered by health and
dental coverage provided by the armed forces.
If the employee had elected dependent coverage for health or dental
coverage as of the time that the employee reported for active service, a school
district must offer the employee the option to continue the dependent coverage
at the employee's own expense. A school
district must permit the employee to continue participating in any pretax
account in which the employee participated when the employee reported for
active service, to the extent of employee pay available for that purpose.
(f) For purposes of this section,
"active service" has the meaning given in section 190.05, subdivision
5, but excludes service performed exclusively for purposes of:
(1) basic combat training, advanced
individual training, annual training, and periodic inactive duty training;
(2) special training periodically made
available to reserve members; and
(3) service performed in accordance
with section 190.08, subdivision 3.
(g) A school district making payments
under paragraph (b) shall place a sum equal to any difference between the amount
of salary that would have been paid to the employee who is receiving the
payments and the amount of salary being paid to substitutes for that employee
into a special fund that must be used to pay or partially pay the deployed
employee's payments under paragraph (b).
A school district is required to pay only this amount to the deployed
school district employee.
EFFECTIVE DATE. This section is
effective the day following final enactment and applies to members of the National
Guard and other reserve components of the United States armed forces serving in
active military service on or after that date.
Sec. 21. Minnesota Statutes 2008, section 473.142, is
amended to read:
473.142 SMALL BUSINESSES.
(a) The Metropolitan Council and
agencies specified in section 473.143, subdivision 1, may award up to a six
percent preference in the amount bid for specified goods or services to small
targeted group businesses and veteran-owned small businesses designated
under section 16C.16.
(b) The council and each agency
specified in section 473.143, subdivision 1, may designate a purchase of goods
or services for award only to small targeted group businesses designated under
section 16C.16 if the council or agency determines that at least three small
targeted group businesses are likely to bid.
The council and each agency specified in section 473.143, subdivision
1, may designate a purchase of goods or services for award only to
veteran-owned small businesses designated under section 16C.16 if the council
or agency determines that at least three veteran-owned small businesses are
likely to bid.
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(c) The council and each agency
specified in section 473.143, subdivision 1, as a condition of awarding a
construction contract or approving a contract for consultant, professional, or
technical services, may set goals that require the prime contractor to
subcontract a portion of the contract to small targeted group businesses and
veteran-owned small businesses designated under section 16C.16. The council or agency must establish a
procedure for granting waivers from the subcontracting requirement when
qualified small targeted group businesses and veteran-owned small businesses
are not reasonably available. The
council or agency may establish financial incentives for prime contractors who
exceed the goals for use of subcontractors and financial penalties for prime
contractors who fail to meet goals under this paragraph. The subcontracting requirements of this
paragraph do not apply to prime contractors who are small targeted group
businesses and veteran-owned small businesses. At least 75 percent of the value of the
subcontracts awarded to small targeted group businesses under this paragraph
must be performed by the business to which the subcontract is awarded or by
another small targeted group business. At
least 75 percent of the value of the subcontracts awarded to veteran-owned
small businesses under this paragraph must be performed by the business to
which the subcontract is awarded or another veteran-owned small business.
(d) The council and each agency listed
in section 473.143, subdivision 1, are encouraged to purchase from small
targeted group businesses and veteran-owned small businesses designated
under section 16C.16 when making purchases that are not subject to competitive
bidding procedures.
(e) The council and each agency may adopt
rules to implement this section.
(f) Each council or agency contract
must require the prime contractor to pay any subcontractor within ten days of
the prime contractor's receipt of payment from the council or agency for
undisputed services provided by the subcontractor. The contract must require the prime
contractor to pay interest of 1-1/2 percent per month or any part of a month to
the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment
for an unpaid balance of $100 or more is $10.
For an unpaid balance of less than $100, the prime contractor shall pay
the actual penalty due to the subcontractor.
A subcontractor who prevails in a civil action to collect interest
penalties from a prime contractor must be awarded its costs and disbursements,
including attorney fees, incurred in bringing the action.
(g) This section does not apply to
procurement financed in whole or in part with federal funds if the procurement is
subject to federal disadvantaged, minority, or women business enterprise
regulations. The council and each agency
shall report to the commissioner of administration on compliance with this
section. The information must be
reported at the time and in the manner requested by the commissioner.
EFFECTIVE DATE. This section is
effective July 1, 2009, and applies to procurement contract bid solicitations
issued on and after that date.
Sec. 22. Minnesota Statutes 2008, section 626.8517, is
amended to read:
626.8517 ELIGIBILITY FOR RECIPROCITY EXAMINATION BASED ON RELEVANT
MILITARY EXPERIENCE.
(a) For purposes of this section,
"relevant military experience" means five years of active duty
military police service.:
(1) five years' active service experience
in a military law enforcement occupational specialty;
(2) three years' active service
experience in a military law enforcement occupational specialty and completion
of a two-year or more degree from a regionally accredited postsecondary
education institution; or
(3) five years' cumulative experience
as a full-time peace officer in another state combined with active service
experience in a military law enforcement occupational specialty.
Journal of the House - 36th Day - Monday, April 20,
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(b) A person who has relevant military experience under
paragraph (a) and who has been honorably discharged from the
military active service as evidenced by a form DD-214 is eligible to
take the reciprocity examination. "Active service" has the meaning
given in section 190.05, subdivision 5.
Sec. 23. Laws
2008, chapter 297, article 2, section 26, subdivision 3, is amended to read:
Subd. 3. Administrative provisions. (a) The commissioner of veterans affairs, or
the commissioner's designee, must convene the initial meeting of the working
group. Upon request of the working
group, the commissioner must provide meeting space and administrative services
for the group. The members of the
working group must elect a chair or co-chairs from the legislative members of
the working group at the initial meeting.
Each subsequent meeting is at the call of the chair or co-chairs.
(b) Public members of the working group serve without
special compensation or special payment of expenses from the working group.
(c) The working group expires on June 30, 2009
2010, unless an extension is authorized by law by that date.
Sec. 24. DATE OPERATIONAL.
To the extent practicable, the commissioner of
veterans affairs shall design, construct, furnish, and equip the veterans
mental health facility authorized in Minnesota Statutes, section 198.365, for
commencement of operations on July 1, 2013.
No state general fund money may be expended for operational costs for
this facility prior to that date and without further legislative authorization.
Sec. 25. REPORTING REQUIRED.
(a) The commissioner of finance must collect the
following data annually from each cabinet-level state agency, with the exception
of the Metropolitan Council, and must report those data, by agency, by the
second week of each legislative session, beginning in 2011, to the chairs and
leading minority members of each of the house of representatives and senate
committees having responsibility for veterans policy and finance issues:
(1) the total number of persons employed in full-time
positions by the state agency;
(2) the total number of employees identified in clause
(1) who are veterans;
(3) the total number of vacant full-time positions in
the agency filled by hiring or appointment during the designated fiscal year;
(4) the total number of applications received for the
positions identified in clause (3);
(5) the total number of applications identified in
clause (4) for which veterans preference was elected by the applicant;
(6) the total number of applications identified in
clause (5) for which the veteran applicant was judged by the hiring authority
as meeting minimum requirements for the open positions of employment;
(7) the total number of veteran applicants identified
in clause (6) who were interviewed by the hiring authority for the open
positions of employment in the agency;
(8) the total number of veteran applicants identified
in clause (7) who were selected for and offered employment within the open
positions of employment in the agency;
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(9) the total number of veteran
applicants identified in clause (8) who were hired into the open positions of
employment in the agency;
(10) the total number of veteran
applicants identified in clause (6) who were sent a rejection letter, in
accordance with Minnesota Statutes, section 43A.11, subdivision 9; and
(11) any other data or information
deemed important by the commissioner of administration and reflecting on the
efforts of the subject agency to recruit and hire veterans.
(b) The data must reflect one full
fiscal year or one full calendar year, as determined by the commissioner
of finance.
(c) The term "veteran" has
the meaning given in Minnesota Statutes, section 197.447.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 26. INTERAGENCY
STAFF.
For fiscal years 2010 and 2011, the
Department of Veterans Affairs may not use funds appropriated in this article
directly or indirectly to pay for the services of staff in the Office of the
Governor.
ARTICLE 4
MILITARY AFFAIRS
Section 1.
MILITARY APPROPRIATIONS.
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the general fund and are available for the fiscal years
indicated for each purpose. The figures
"2010" and "2011" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June
30, 2010, or June 30, 2011, respectively. "The first year" is fiscal
year 2010. "The second year" is fiscal year 2011. "The
biennium" is fiscal years 2010 and 2011.
APPROPRIATIONS
Available for the Year
Ending June 30
2010 2011
Sec.
2. MILITARY
AFFAIRS
Subdivision
1. Total Appropriation $19,374,000 $19,374,000
The amounts that may be spent for
each purpose are specified in the following subdivisions.
Subd.
2. Maintenance of Training Facilities 6,660,000 6,660,000
Subd.
3. General Support 2,366,000 2,366,000
Subd.
4. Enlistment Incentives 10,348,000 10,348,000
Journal of the House - 36th Day - Monday, April 20,
2009 - Top of Page 2903
If appropriations for either year of the biennium are
insufficient, the appropriation from the other year is available. The appropriations for enlistment incentives
are available until expended."
Delete the title and insert:
"A bill for an act relating to appropriations; appropriating
money for agriculture, the Board of Animal Health, the Rural Finance Authority,
veterans, and the military; changing certain requirements and programs;
amending Minnesota Statutes 2008, sections 3.737, subdivision 1; 3.7371,
subdivision 3; 13.643, by adding a subdivision; 16C.16, by adding a
subdivision; 16C.19; 16C.20; 17.03, subdivision 12; 17.115, subdivision 2;
18.75; 18.76; 18.77, subdivisions 1, 3, 5, by adding subdivisions; 18.78,
subdivision 1, by adding a subdivision; 18.79; 18.80, subdivision 1; 18.81,
subdivision 3, by adding subdivisions; 18.82, subdivisions 1, 3; 18.83; 18.84,
subdivisions 1, 2, 3; 18.86; 18.87; 18.88; 18B.01, subdivision 8, by adding
subdivisions; 18B.065, subdivisions 1, 2, 2a, 3, 7, by adding subdivisions; 18B.26,
subdivisions 1, 3; 18B.31, subdivisions 3, 4; 18B.37, subdivision 1; 18C.415,
subdivision 3; 18C.421; 18C.425, subdivisions 4, 6; 18E.03, subdivisions 2, 4;
18E.06; 18H.02, subdivision 12a, by adding subdivisions; 18H.07, subdivisions
2, 3; 18H.09; 18H.10; 28A.085, subdivision 1; 28A.21, subdivision 5; 31.94;
32.394, subdivision 8; 41A.09, subdivisions 2a, 3a; 41B.039, subdivision 2;
41B.04, subdivision 8; 41B.042, subdivision 4; 41B.043, subdivision 1b;
41B.045, subdivision 2; 43A.11, subdivision 7; 43A.23, subdivision 1; 85.053,
subdivision 10; 97A.045, subdivision 1; 97A.465, subdivision 5; 161.321;
171.06, subdivision 3; 171.07, by adding a subdivision; 171.12, by adding a
subdivision; 197.455, subdivision 1; 197.46; 198.003, by adding subdivisions; 239.791,
subdivisions 1, 1a; 336.9-601; 471.975; 473.142; 550.365, subdivision 2;
559.209, subdivision 2; 582.039, subdivision 2; 583.215; 626.8517; Laws 2008,
chapter 297, article 2, section 26, subdivision 3; proposing coding for new law
in Minnesota Statutes, chapters 17; 18; 18B; 41A; 192; 198; repealing Minnesota
Statutes 2008, sections 17.49, subdivision 3; 18G.12, subdivision 5; 38.02,
subdivisions 3, 4; 41.51; 41.52; 41.53; 41.55; 41.56; 41.57; 41.58,
subdivisions 1, 2; 41.59, subdivision 1; 41.60; 41.61, subdivision 1; 41.62;
41.63; 41.65; Minnesota Rules, part 1505.0820."
Signed:
Ron
Shimanski
Shimanski moved that the Minority Report on H. F. No. 1122 be
substituted for the Majority Report and that the Minority Report be now
adopted.
LAY ON THE TABLE
Juhnke moved that the Minority report on H. F. No. 1122 be laid
on the table.
A roll call was requested and properly seconded.
CALL OF THE HOUSE
On the motion of Seifert and on the demand of 10 members, a
call of the House was ordered. The
following members answered to their names:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Journal of the House - 36th Day - Monday, April 20, 2009 - Top
of Page 2904
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
Seifert moved that further proceedings of the
roll call be suspended and that the Sergeant at Arms be instructed to bring in
the absentees. The motion prevailed and
it was so ordered.
The question recurred on the Juhnke motion
and the roll was called.
Sertich
moved that those not voting be excused from voting. The motion prevailed.
There were 86 yeas and 47 nays as follows
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Journal of the House - 36th Day - Monday, April 20, 2009 - Top
of Page 2905
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
The motion prevailed and the Minority Report on H. F. No. 1122
was laid on the table.
The
question recurred on the adoption of the Majority Report from the Committee on
Finance relating to H. F. No. 1122.
A
roll call was requested and properly seconded.
The
question was taken on the adoption of the Majority Report from the Committee on
Finance relating to H F. No. 1122 and the roll was called. There were 87 yeas and 47 nays as follows:
Those
who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
Those
who voted in the negative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
The
Majority Report on H. F. No. 1122 was adopted.
CALL OF THE HOUSE LIFTED
Sertich
moved that the call of the House be lifted.
The motion prevailed and it was so ordered.
Journal of the
House - 36th Day - Monday, April 20, 2009 - Top of Page 2906
Carlson
from the Committee on Finance to which was referred:
H. F. No. 1169,
A bill for an act relating to employment; concerning certain purchases and
acquisitions by public employers; concerning required work-related purchases
for employees of public employers; establishing purchasing preferences;
proposing coding for new law in Minnesota Statutes, chapter 181.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"ARTICLE
1
JOBS AND
ECONOMIC DEVELOPMENT APPROPRIATIONS
Section 1.
JOBS AND ECONOMIC DEVELOPMENT
APPROPRIATIONS.
The amounts shown in this section summarize direct
appropriations, by fund, made in this article.
2010 2011 Total
General $134,168,000 $133,992,000 $268,160,000
Workforce Development 26,208,000 25,358,000 51,566,000
Remediation 700,000 700,000 1,400,000
Workers' Compensation 22,574,000 22,574,000 45,148,000
Total $183,650,000 $182,624,000 $366,274,000
Sec. 2. JOBS AND ECONOMIC DEVELOPMENT.
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2010" and
"2011" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2010, or June 30, 2011,
respectively. "The first year" is fiscal year 2010. "The second
year" is fiscal year 2011. "The biennium" is fiscal years 2010 and
2011.
APPROPRIATIONS
Available for the Year
Ending June 30
2010 2011
Sec. 3. DEPARTMENT
OF EMPLOYMENT AND ECONOMIC DEVELOPMENT
Subdivision
1. Total Appropriation $65,064,000 $64,214,000
Appropriations by Fund
2010 2011
General 39,185,000 39,185,000
Remediation 700,000 700,000
Workforce
Development 25,179,000 24,329,000
Journal of
the House - 36th Day - Monday, April 20, 2009 - Top of Page 2907
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd.
2. Business and Community Development 8,015,000 8,015,000
Appropriations by Fund
General 6,926,000 6,926,000
Remediation 700,000 700,000
Workforce Development 389,000 389,000
(a) $700,000 each year is from the remediation
fund for contaminated site cleanup and development grants under Minnesota
Statutes, section 116J.554. This
appropriation is available until expended.
(b)(1) $150,000 each year is from the
workforce development fund for a grant under Minnesota Statutes, section
116J.421, to the Rural Policy and Development Center at St. Peter,
Minnesota. The grant shall be used for
research and policy analysis on emerging economic and social issues in rural
Minnesota, to serve as a policy resource center for rural Minnesota
communities, to encourage collaboration across higher education institutions,
to provide interdisciplinary team approaches to research and problem-solving in
rural communities, and to administer overall operations of the center.
(2) The grant shall be provided upon
the condition that each state-appropriated dollar be matched with a nonstate
dollar. Acceptable matching funds are
nonstate contributions that the center has received and have not been used to
match previous state grants. Any funds
not spent the first year are available the second year.
(c) $225,000 each year is from the
general fund for a grant to WomenVenture for women's business development
programs and for programs that encourage and assist women to enter
nontraditional careers in the trades; manual and technical occupations;
science, technology, engineering, and mathematics-related occupations; and
green jobs. This appropriation may be
matched dollar for dollar with any resources available from the federal
government for these purposes with priority given to initiatives that have a
goal of increasing by at least ten percent the number of women in occupations
where women currently comprise less than 25 percent of the workforce. The appropriation is available until expended.
(d) $105,000 each year is from the
general fund and $50,000 each year is from the workforce development fund for a
grant to the Metropolitan Economic Development Association for continuing
minority business development programs in the metropolitan area and for
contract procurement support to businesses in northeast and southwest
Minnesota.
Journal of the House - 36th Day - Monday, April 20,
2009 - Top of Page 2908
(e) $50,000 each year is from the general fund for a grant to the
Minnesota Inventors Congress, of which at least $5,000 must be used for youth
inventors.
(f)(1) $100,000 each year is from the general fund for a grant to
BioBusiness Alliance of Minnesota for bioscience business development programs
to promote and position the state as a global leader in bioscience business
activities. This is a onetime appropriation. These funds may be used to create, recruit,
retain, and expand biobusiness activity in Minnesota; implement the destination
2025 statewide plan; update a statewide assessment of the bioscience industry
and the competitive position of Minnesota-based bioscience businesses relative
to other states and other nations; and develop and implement business and
scenario-planning models to create, recruit, retain, and expand biobusiness
activity in Minnesota.
(2) The BioBusiness Alliance must report each year by February 15 to
the committees of the house of representatives and the senate having
jurisdiction over bioscience industry activity in Minnesota on the use of
funds; the number of bioscience businesses and jobs created, recruited,
retained, or expanded in the state since the last reporting period; the
competitive position of the biobusiness industry; and utilization rates and
results of the business and scenario-planning models and outcomes resulting
from utilization of the business and scenario-planning models.
(g) Notwithstanding Minnesota Statutes, section 268.18, subdivision 2,
$500,000 of funds collected for unemployment insurance administration under
this subdivision is appropriated as follows: $250,000 to the city of Hugo for
reimbursement of tornado relief efforts and $250,000 to Lake County for ice
storm damage; and $70,000 the first year is from the general fund for tornado
relief for the city of Hugo.
(h) $1,000,000 in the first year is from the 21st Century Minerals Fund
to the Board of Trustees of the Minnesota State Colleges and Universities for a
grant to the Northeast Higher Education District for planning, design, and
construction of classrooms and housing facilities for upper division students
in the engineering program.
(i)(1) $189,000 each year is appropriated from the general fund for
grants of $63,000 to eligible organizations each year to assist in the
development of entrepreneurs and small businesses. Each state grant dollar must be matched with
$1 of nonstate funds. Any balance in the
first year does not cancel but is available in the second year.
(2) Three grants must be awarded to continue or to develop a
program. One grant must be awarded to
the Riverbend Center for Entrepreneurial Facilitation in Blue Earth County, and
two to other
Journal of the House - 36th Day - Monday, April 20,
2009 - Top of Page 2909
organizations serving Faribault and Martin Counties. Grant recipients must report to the
commissioner by February 1 of each year that the organization receives a grant
with the number of customers served; the number of businesses started,
stabilized, or expanded; the number of jobs created and retained; and business
success rates. The commissioner must
report to the house of representatives and senate committees with jurisdiction
over economic development finance on the effectiveness of these programs for
assisting in the development of entrepreneurs and small businesses.
(j) Of the amount appropriated in
Laws 2008, chapter 179, section 21, subdivision 3, from the bond proceeds fund
to the commissioner of employment and economic development for bioscience
business development public infrastructure grants under Minnesota Statutes,
section 116J.435, up to $2,000,000 may be used for a grant to the city of Pine
Island for the design and construction of publicly owned water and sewer
infrastructure at the Elk Run Bioscience Park.
Notwithstanding Minnesota Statutes, section 116J.435, the grant under
this section may be used for public infrastructure to support residential,
industrial, office, or research park development. The limits under Minnesota Statutes, section
116J.435, subdivision 3, paragraph (b), apply to the grant under this section.
Subd.
3. Workforce Development 54,603,000 53,753,000
Appropriations by Fund
General 29,813,000 29,813,000
Workforce
Development 24,790,000 23,940,000
(a) $4,562,000 each year is from the
general fund for the Minnesota job skills partnership program under Minnesota Statutes,
sections 116L.01 to 116L.17. If the
appropriation for either year is insufficient, the appropriation for the other
year is available. This appropriation is
available until spent.
(b) $8,800,000 each year is from the
general fund for the state's vocational rehabilitation program under Minnesota
Statutes, chapter 268A.
(c) $5,986,000 each year is from the
general fund for the state services for the blind activities.
(d) $2,380,000 each year is from the
general fund for grants to centers for independent living under Minnesota
Statutes, section 268A.11.
Journal of
the House - 36th Day - Monday, April 20, 2009 - Top of Page 2910
(e) $350,000 each year is from the
general fund and $105,000 each year is from the workforce development fund for
a grant under Minnesota Statutes, section 116J.8747, to Twin Cities RISE! to provide
training to hard-to-train individuals.
Funds unexpended in the first year are available for expenditure in the
second year.
(f) $150,000 each year is from the
general fund and $50,000 each year is from the workforce development fund for a
grant to Northern Connections in Perham to implement and operate a pilot
workforce program that provides one-stop supportive services to individuals as
they transition into the workforce.
(g) $150,000 each year is from the
general fund for a grant to Advocating Change Together for training, technical
assistance, and resource materials for persons with developmental and mental
illness disabilities.
(h) $5,627,000 each year is from the
general fund and $6,920,000 each year is from the workforce development fund for
extended employment services for persons with severe disabilities or related
conditions under Minnesota Statutes, section 268A.15. Of the general fund appropriation, $125,000
each year is to supplement funds paid for wage incentives for the community support
fund established in Minnesota Rules, part 3300.2045.
(i) $1,613,000 each year is from the
general fund for grants to programs that provide employment support services to
persons with mental illness under Minnesota Statutes, sections 268A.13 and 268A.14. Grants may be used for special projects for
young people with mental illness transitioning from school to work and people
with serious mental illness receiving services through a mental health court or
civil commitment court. Special projects
must demonstrate interagency collaboration.
(j) $145,000 each year is from the
general fund and $175,000 each year is from the workforce development fund for
a grant under Minnesota Statutes, section 268A.03, to Rise, Inc. for the
Minnesota Employment Center for People Who are Deaf or Hard of Hearing. Money not expended the first year is
available the second year.
(k) $50,000 each year is from the
general fund and $250,000 each year is from the workforce development fund for
a grant to Lifetrack Resources for its immigrant and refugee collaborative
program, including those related to job-seeking skills and workplace
orientation, intensive job development, functional work English, and on-site
job coaching. This appropriation may
also be used in Rochester.
(l) $3,500,000 each year is from the
workforce development fund for the Minnesota youth program under Minnesota
Statutes, sections 116L.56 and 116L.561.
Journal of
the House - 36th Day - Monday, April 20, 2009 - Top of Page 2911
(m) $1,375,000 each year is from the
workforce development fund for the Opportunities Industrialization Center
programs.
(n) $1,250,000 each year is from the
workforce development fund for grants for the Minneapolis summer youth
employment program. The grants shall be
used to fund up to 500 jobs for youth each summer. Of this appropriation, $310,000 each year is
for a grant to the learn-to-earn summer youth employment program. The commissioner shall establish criteria for
awarding the grants. This appropriation
is available in either year of the biennium and is available until spent.
(o) $575,000 each year is from the
workforce development fund for grants to fund summer youth employment in St.
Paul. The grants shall be used to fund
up to 500 jobs for youth each summer.
The commissioner shall establish criteria for awarding the grants. This appropriation is available in either
year of the biennium and is available until spent.
(p) $1,000,000 each year is from the
workforce development fund for the youthbuild program under Minnesota Statutes,
sections 116L.361 to 116L.366.
(q) $100,000 each year is from the
workforce development fund for grants for the indigenous earthkeepers program
for American Indian youth environmental education and training. Funds must be used to provide summer
programming for up to 80 American Indian youth ages 14 to 19 for up to eight
weeks. The indigenous earthkeepers
program must use the environment, with native language as its primary core, to
develop student academic skills and knowledge at Center School and Healthy
Nations Program of the Minneapolis American Indian Center. The program must foster a sense of civic and
environmental responsibility by providing youth the opportunity to serve on
small, natural, and urban resource crews in the Twin Cities metropolitan area
and outside of the metropolitan area. In
addition, it must build the capacity of these youths to improve their lives in an
indigenous-inspired and culturally relevant manner. At a minimum, the program curriculum must
include water studies, identification of waterway cleanup sites, cleanup of
waterways significant to indigenous culture and education, plant
identification, gardening, and indigenous language components. This is a onetime appropriation.
(r) $340,000 each year is from the
workforce development fund for grants to provide interpreters for a regional
transition program that specializes in providing culturally appropriate
transition services leading to employment for deaf, hard-of-hearing, and
deaf-blind students.
Journal of
the House - 36th Day - Monday, April 20, 2009 - Top of Page 2912
(s) The first $1,450,000 deposited in
each year of the biennium into the contingent account created under Minnesota
Statutes, section 268.199, shall be transferred before the closing of each
fiscal year to the workforce development fund created under Minnesota Statutes,
section 116L.20. Deposits in excess of
$1,450,000 shall be transferred before the closing of each fiscal year to the
general fund.
(t) $75,000 each year is from the
workforce development fund for a grant to the Ramsey County Workforce Investment
Board for the development of the building lives program. This is a onetime appropriation.
(u) $75,000 each year is from the
workforce development fund for a grant to a nonprofit organization. The nonprofit organization must work on
behalf of all licensed vendors to coordinate their efforts to respond to
solicitations or other requests from private and governmental units as defined
in Minnesota Statutes, section 471.59, subdivision 1, in order to increase
employment opportunities for persons with disabilities. This is a onetime appropriation.
(v) $500,000 each year from the
workforce development fund is for a grant to the Minnesota Alliance of Boys and
Girls Clubs to administer a statewide project of youth job skills
development. This project, which may
have career guidance components, including health and life skills, is to
encourage, train, and assist youth in job-seeking skills, workplace
orientation, and job site knowledge through coaching. This grant requires a 25 percent match from
nonstate resources.
(w) $100,000 in the first year is
from the workforce development fund for a grant to the Southeast Asian
Collaborative in Hennepin County for an intensive intervention transitional employment
training project to move refugee and immigrant welfare recipients into
unsubsidized employment leading to economic self-sufficiency. One of the five partners in the collaborative
shall be chosen as the fiscal agent by the commissioner of employment and
economic development. The primary effort
must be on intensive employment skills training, including workplace English
and overcoming cultural barriers, and on specialized training in fields of work
which involve a credit-based curriculum.
For recipients without a high school diploma or a GED, extra effort
shall be made to help the recipient meet the ability to benefit test so the
recipient can receive financial aid for further training. During the specialized training, efforts
should be made to involve the recipients with an internship program and
retention specialist. This appropriation
is not available until the commissioner of finance has determined that at least
an equal amount has been committed from nonstate funds.
Journal of
the House - 36th Day - Monday, April 20, 2009 - Top of Page 2913
(x) $7,500,000 each year is from the
workforce development fund for grants to establish two emergency employment pilot
projects in counties with high unemployment rates. The grants may be used for wage subsidies of
up to 50 percent of the wage paid. The
maximum wage subsidy shall be $5 per hour.
This is a onetime appropriation.
(y) $1,000,000 each year is from reserve
funds allocated to the Department of Employment and Economic Development under
the American Recovery and Reinvestment Act, Public Law 115-5, for Workforce
Investment Act adult and displaced worker programs for on-the-job training for
eligible persons in counties with high unemployment. This is a onetime appropriation.
(z) $750,000 the first year is from
the workforce development fund to Enterprise Minnesota, Inc. for the small
business growth acceleration program established under Minnesota Statutes,
section 116O.115.
(aa) $150,000 each year is for a
grant to the nonprofit organization selected to administer the demonstration
project for high-risk adults under Laws 2007, chapter 54, article 1, section
19, in order to continue the project for a second biennium. This is a onetime appropriation.
(bb) Of the money available to
Minnesota from the American Recovery and Reinvestment Act of 2009, Public Law
111-5, and allocated to the Department of Employment and Economic Development
for state employment programs, $500,000 is for a grant to an organization doing
business in St. Paul, Hibbing, and Grand Rapids, Minnesota, that provides
progressive development and employment opportunities in competitive business
enterprises for people with disabilities.
The appropriation in this section must be used to provide employee and
program services, and is available until expended. No nonstate match is required for this grant.
(cc) All Wagner-Peyser funds
available to the state for job seeker services under the American Recovery and
Reinvestment Act of 2009, Public Law 111-5, must be allocated to workforce
development centers for universal job seeker services.
(dd) All Workforce Investment Act
discretionary funds available to the commissioner for workforce development
under the American Recovery and Reinvestment Act of 2009, Public Law 111-5,
must first be allocated to replace reductions in state general fund or
workforce development fund resources for employment and training or youth
programs.
Subd.
4. State-Funded Administration 2,446,000 2,446,000
Journal of the House - 36th Day - Monday, April 20,
2009 - Top of Page 2914
Sec. 4.
PUBLIC FACILITIES AUTHORITY
$100,000 $100,000
$100,000 the first year and $100,000 the second year are for the small
community wastewater treatment program under Minnesota Statutes, chapter
446A. This appropriation is available
until spent.
Sec. 5.
EXPLORE MINNESOTA TOURISM
$10,311,000 $10,311,000
(a) Of this amount, $12,000 each year is for a grant to the Upper
Minnesota Film Office.
(b) To develop maximum private sector involvement in tourism, $500,000
the first year and $500,000 the second year must be matched by Explore
Minnesota Tourism from nonstate sources.
Each $1 of state incentive must be matched with $3 of private sector
funding. Cash match is defined as
revenue to the state or documented cash expenditures directly expended to
support Explore Minnesota Tourism programs.
Up to one-half of the private sector contribution may be in-kind or soft
match. The incentive in the first year
shall be based on fiscal year 2009 private sector contributions. The incentive in the second year will be
based on fiscal year 2010 private sector contributions. This incentive is ongoing.
Funding for the marketing grants is available either year of the
biennium. Unexpended grant funds from
the first year are available in the second year.
Unexpended money from the general fund appropriations made under this
section does not cancel but must be placed in a special marketing account for
use by Explore Minnesota Tourism for additional marketing activities.
(c) $325,000 the first year and $325,000 the second year are for the
Minnesota Film and TV Board. The
appropriation in each year is available only upon receipt by the board of $1 in
matching contributions of money or in-kind contributions from nonstate sources
for every $3 provided by this appropriation.
(d) $650,000 the first year and $650,000 the second year are
appropriated for a grant to the Minnesota Film and TV Board for the film jobs
production program under Minnesota Statutes, section 116U.26. These appropriations are available in either
year of the biennium and are available until expended.
Sec.
6. HOUSING
FINANCE AGENCY
Subdivision 1. Total
Appropriation $45,208,000 $45,208,000
The amounts that may be spent for each purpose are specified in the
following subdivisions.
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This appropriation is for transfer to
the housing development fund for the programs specified. Except as otherwise indicated, this transfer
is part of the agency's permanent budget base.
Subd.
2. Challenge Program 9,517,000 9,517,000
For the economic development and
housing challenge program under Minnesota Statutes, section 462A.33. Of this amount, $1,395,000 each year shall be
made available during the first 11 months of the fiscal year exclusively for
housing projects for American Indians.
Any funds not committed to housing projects for American Indians in the
first 11 months of the fiscal year shall be available for any eligible activity
under Minnesota Statutes, section 462A.33.
Base Adjustment. Beginning July 1, 2011, the base is reduced by
$1,150,000.
Subd.
3. Housing Trust Fund 10,555,000 10,555,000
For deposit in the housing trust fund
account created under Minnesota Statutes, section 462A.201, and used for the
purposes provided in that section.
Subd.
4. Rental Assistance for Mentally Ill 2,638,000 2,638,000
For a rental housing assistance
program for persons with a mental illness or families with an adult member with
a mental illness under Minnesota Statutes, section 462A.2097.
Subd.
5. Family Homeless Prevention 7,465,000 7,465,000
For the family homeless prevention
and assistance programs under Minnesota Statutes, section 462A.204.
Subd.
6. Home Ownership Assistance Fund 385,000 385,000
For the home ownership assistance
program under Minnesota Statutes, section 462A.21, subdivision 8. In fiscal years 2012 and 2013, the base shall
be $885,000 each year.
Subd.
7. Affordable Rental Investment Fund 8,996,000 8,996,000
For the affordable rental investment
fund program under Minnesota Statutes, section 462A.21, subdivision 8b. The appropriation is to finance the
acquisition, rehabilitation, and debt restructuring of federally assisted
rental property and for making equity take-out loans under Minnesota Statutes,
section 462A.05, subdivision 39.
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The owner of federally assisted
rental property must agree to participate in the applicable federally assisted
housing program and to extend any existing low-income affordability
restrictions on the housing for the maximum term permitted. The owner must also enter into an agreement
that gives local units of government, housing and redevelopment authorities, and
nonprofit housing organizations the right of first refusal if the rental
property is offered for sale. Priority
must be given among comparable federally assisted rental properties to
properties with the longest remaining term under an agreement for federal
assistance. Priority must also be given
among comparable rental housing developments to developments that are or will
be owned by local government units, a housing and redevelopment authority, or a
nonprofit housing organization.
The appropriation also may be used to
finance the acquisition, rehabilitation, and debt restructuring of existing
supportive housing properties. For
purposes of this subdivision, "supportive housing" means affordable
rental housing with links to services necessary for individuals, youth, and
families with children to maintain housing stability.
Subd.
8. Housing Rehabilitation 4,287,000 4,287,000
For the housing rehabilitation
program under Minnesota Statutes, section 462A.05, subdivision 14, for rental
housing developments.
Subd.
9. Homeownership Education, Counseling, and Training 865,000 865,000
For the homeownership education,
counseling, and training program under Minnesota Statutes, section 462A.209.
Subd.
10. Capacity Building Grants 250,000 250,000
For nonprofit capacity building
grants under Minnesota Statutes, section 462A.21, subdivision 3b.
Subd.
11. Transfer of Disaster Relief Contingency Funds
$1,500,000 of the amount unobligated and
unencumbered in the disaster relief contingency fund under Minnesota Statutes,
section 462A.21, subdivision 29, is transferred to the housing trust fund under
Minnesota Statutes, section 462A.201, for grants for temporary rental
assistance for families with children who are homeless and in need of or
utilizing an emergency shelter facility.
This is a onetime transfer and is not added to the agency's permanent
budget base.
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Subd.
12. Demonstration Project for High-Risk Adults
$250,000 in fiscal year 2010 and
$250,000 in fiscal year 2011 are appropriated from the general fund to the
commissioner of the Housing Finance Agency for grants to the nonprofit
organization selected to administer the demonstration project for high-risk
adults under Laws 2007, chapter 54, article 1, section 19, in order to continue
the project for a second biennium. This
is a onetime appropriation.
Sec.
7. Commissioner
of Finance $5,000 $5,000
$5,000 in fiscal year 2010 and $5,000
in fiscal year 2011 are for the commissioner of finance for administrative
expenses under section 327C.03.
Sec.
8. DEPARTMENT
OF LABOR AND INDUSTRY
Subdivision
1. Total Appropriation $22,780,000 $22,780,000
Appropriations by Fund
2010 2011
General 880,000 880,000
Workers'
Compensation 20,871,000 20,871,000
Workforce
Development 1,029,000 1,029,000
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd.
2. Workers' Compensation 14,890,000 14,890,000
This appropriation is from the
workers' compensation fund.
$200,000 each year is for grants to
the Vinland Center for rehabilitation services.
Grants shall be distributed as the department refers injured workers to
the Vinland Center for rehabilitation services.
Subd.
3. Labor Standards/Apprenticeship 1,909,000 1,909,000
Appropriations by Fund
General 880,000 880,000
Workforce
Development 1,029,000 1,029,000
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(a) The appropriation from the workforce
development fund is for the apprenticeship program under Minnesota Statutes,
chapter 178, and includes $100,000 each year for labor education and
advancement program grants and to expand and promote registered apprenticeship
training in nonconstruction trade programs.
(b) $150,000 each year is from the
workforce development fund for prevailing wage enforcement.
(c) $200,000 the first year and
$200,000 the second year are from the assigned risk safety account for
independent contractor investigator services to ensure compliance with the
state's independent contractor exemption certificate program under Minnesota
Statutes, section 181.723.
Subd.
4. General Support 5,981,000 5,981,000
This appropriation is from the
workers' compensation fund.
Sec.
9. BUREAU
OF MEDIATION SERVICES
Subdivision
1. Total Appropriation $1,683,000 $1,683,000
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd.
2. Mediation Services 1,583,000 1,583,000
Subd.
3. Labor Management Cooperation Grants 100,000 100,000
$100,000 each year is for grants to
area labor management committees. Grants
may be awarded for a 12-month period beginning July 1 each year. Any unencumbered balance remaining at the end
of the first year does not cancel but is available for the second year.
Sec. 10.
WORKERS' COMPENSATION COURT OF
APPEALS $1,703,000 $1,703,000
This appropriation is from the
workers' compensation fund.
Sec.
11. MINNESOTA
HISTORICAL SOCIETY
Subdivision
1. Total Appropriation $22,719,000 $22,613,000
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd.
2. Education and Outreach 12,870,000 12,870,000
Notwithstanding Minnesota Statutes,
section 138.668, the Minnesota Historical Society may not charge a fee for its
general tours at the Capitol, but may charge fees for special programs other
than general tours.
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2009 - Top of Page 2919
Subd. 3. Preservation
and Access 9,585,000 9,585,000
Subd.
4. Fiscal Agent
(a)
Minnesota International Center 40,000 40,000
(b)
Minnesota Air National Guard Museum 14,000 0
(c)
Minnesota Military Museum 92,000 0
(d)
Farmamerica 118,000 118,000
(e)
Balances Forward
Any unencumbered balance remaining in this subdivision the first year
does not cancel but is available for the second year of the biennium.
The general fund base for the Minnesota Air National Guard Museum in
fiscal year 2012 is $16,000.
The general fund base for the Minnesota Military Museum in fiscal year
2012 is $100,000.
Subd.
5. Fund Transfer
The Minnesota Historical Society may reallocate funds appropriated in
and between subdivisions 2 and 3 for any program purposes and the
appropriations are available in either year of the biennium.
Sec. 12.
BOARD OF ACCOUNTANCY $505,000 $505,000
Sec.
13. BOARD
OF ARCHITECTURE, ENGINEERING, LAND SURVEYING, LANDSCAPE ARCHITECTURE,
GEOSCIENCE, AND INTERIOR DESIGN $815,000 $815,000
Sec.
14. BOARD
OF BARBER AND COSMETOLOGIST EXAMINERS $839,000 $839,000
Sec. 15.
COMBATIVE SPORTS COMMISSION $125,000 $125,000
The appropriation is to transition the commission to being a
self-funded entity.
Sec. 16. LEGISLATIVE
COORDINATING COMMISSION $70,000 $0
From the general fund to the Legislative Coordinating Commission under
Minnesota Statutes, section 3.303, for fiscal year 2010 for the economic
development strategy working group established in article 2, section 40.
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Sec. 17.
BOARD OF THE ARTS
Subdivision
1. Total Appropriation $9,530,000 $9,530,000
The amounts that may be spent for
each purpose are specified in the following subdivisions.
Subd.
2. Operations and Services 600,000 600,000
Subd.
3. Grants Program 6,202,000 6,202,000
Subd.
4. Regional Arts Councils 2,728,000 2,728,000
Sec.
18. MINNESOTA
HUMANITIES CENTER $238,000 $238,000
Sec.
19. PUBLIC
BROADCASTING $1,955,000 $1,955,000
(a) $1,161,000 the first year and
$1,161,000 the second year are for matching grants for public television.
(b) $200,000 the first year and
$200,000 the second year are for public television equipment grants. Equipment or matching grant allocations shall
be made after considering the recommendations of the Minnesota Public
Television Association.
(c) $17,000 the first year and
$17,000 the second year are for grants to the Twin Cities regional cable
channel.
(d) $287,000 the first year and $287,000
the second year are for community service grants to public educational radio
stations.
(e) $100,000 the first year and
$100,000 the second year are for equipment grants to public educational radio
stations.
(f) The grants in paragraphs (d) and (e)
must be allocated after considering the recommendations of the Association of
Minnesota Public Educational Radio Stations under Minnesota Statutes, section
129D.14.
(g) $190,000 the first year and
$190,000 the second year are for equipment grants to Minnesota Public Radio,
Inc.
(h) Any unencumbered balance
remaining the first year for grants to public television or radio stations does
not cancel and is available for the second year.
Sec. 20.
Laws 1998, chapter 404, section 23, subdivision 6, as amended by Laws
2002, chapter 220, article 10, section 35, subdivision 6, is amended to read:
Subd.
6. St.
Paul RiverCentre Arena 65,000,000
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This appropriation is from the general
fund to the commissioner of finance for a loan to the city of St. Paul to
demolish the existing St. Paul RiverCentre Arena and to design, construct,
furnish, and equip a new arena. This
appropriation is not available until the lessee to whom the city has leased the
arena has agreed to make rental or other payments to the city under the terms
set forth in this subdivision. The loan
is repayable solely from and secured by the payments made to the city by the
lessee. The loan is not a public debt
and the full faith, credit, and taxing powers of the city are not pledged for
its repayment.
(a) $48,000,000 $15,250,000 of
the loan must be repaid to the commissioner, without interest, within 20
12 years from the date of substantial completion of the arena in
accordance with the following schedule:
(1) no repayments are due in the first
two years from the date of substantial completion;
(2) in each of the years three to
five, the lessee must pay $1,250,000;
(3) in each of the years six to ten,
the lessee must pay $1,500,000; and
(4) in each of the years 11 to 13
12, the lessee must pay $2,000,000;.
(5) in year 14, the lessee must pay
$3,000,000;
(6) in year 15, the lessee must pay
$4,000,000; and
(7) in each of the years 16 to 20, the
lessee must pay $4,750,000.
(b) The commissioner must deposit the
repayments in the state treasury and credit them to the general fund.
(c) The loan may not be made until the
commissioner has entered into an agreement with the city of St. Paul
identifying the rental or other payments that will be made and establishing the
dates on and the amounts in which the payments will be made to the city and by
the city to the commissioner. The
payments may include operating revenues and additional payments to be made by
the lessee under agreements to be negotiated between the commissioner, the
city, and the lessee. Those agreements
may include, but are not limited to, an agreement whereby the lessee pledges to
provide each year a letter of credit sufficient to guarantee the payment of the
amount due for the next succeeding year; an agreement whereby the lessee agrees
to maintain a net worth, certified each year by a financial institution or
accounting firm satisfactory to the commissioner, that is greater than the
balance due under the payment schedule in paragraph (a); and any other
agreements the commissioner may deem necessary to ensure that the payments are
made as scheduled.
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(d) The agreements must provide that the failure of the lessee to make
a payment due to the city under the agreement is an event of default under the
lease between the city and the lessee and that the state is entitled to enforce
the remedies of the lessor under the lease in the event of default. Those remedies must include, but need not be
limited to, the obligation of the lessee to pay the balance due for the
remainder of the payment schedule in the event the lessee ceases to operate a
National Hockey League team in the arena.
(e) By January 1, 1999, the commissioner shall report to the chair of
the senate committee on state government finance and the chair of the house
committee on ways and means the terms of an agreement between the lessee and
the amateur sports commission whereby the lessee agrees to make the facilities
of the arena available to the commission on terms satisfactory to the
commission for amateur sports activities consistent with the purposes of
Minnesota Statutes, chapter 240A, each year during the time the loan is
outstanding. The amateur sports
commission must negotiate in good faith and may be required to pay no more than
actual out-of-pocket expenses for the time it uses the arena. The agreement may not become effective before
February 1, 1999. During any calendar
year after 1999 that an agreement under this paragraph is not in effect and a
payment is due under the schedule, the lessee must pay to the commissioner a
penalty of $750,000 for that year. If
the amateur sports commission has not negotiated in good faith, no penalty is
due.
EFFECTIVE
DATE. This section is effective the day after
the city of St. Paul issues up to $40,000,000 in bonds for a community ice
facility as authorized in law.
ARTICLE 2
EMPLOYMENT AND ECONOMIC DEVELOPMENT-RELATED PROVISIONS
Section 1.
Minnesota Statutes 2008, section 15.75, subdivision 5, is amended to
read:
Subd. 5. Agreements with Department of Employment
and Economic Development. The
commissioner of employment and economic development may enter into agreements
with regional entities established under subdivision 4 to prepare plans to
ensure coordination of the department's business development, community
development, workforce development, and trade functions with programs of
local units of government and other public and private development agencies in
the regions. The plans will identify
regional development priorities and serve as a guide for the implementation of
the department's programs in the regions.
Sec. 2.
Minnesota Statutes 2008, section 16B.54, subdivision 2, is amended to
read:
Subd. 2. Vehicles. (a) The commissioner may direct an agency to
make a transfer of a passenger motor vehicle or truck currently assigned to
it. The transfer must be made to the
commissioner for use in the central motor pool.
The commissioner shall reimburse an agency whose motor vehicles have
been paid for with funds dedicated by the Constitution for a special purpose
and which are assigned to the central motor pool. The amount of reimbursement for a motor vehicle
is its average wholesale price as determined from the midwest edition of the
National Automobile Dealers Association official used car guide.
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(b) To the extent that funds are available for the
purpose, the commissioner may purchase or otherwise acquire additional
passenger motor vehicles and trucks necessary for the central motor pool. The title to all motor vehicles assigned to
or purchased or acquired for the central motor pool is in the name of the
Department of Administration.
(c) On the request of an agency, the commissioner may
transfer to the central motor pool any passenger motor vehicle or truck for the
purpose of disposing of it. The
department or agency transferring the vehicle or truck must be paid for it from
the motor pool revolving account established by this section in an amount equal
to two-thirds of the average wholesale price of the vehicle or truck as
determined from the midwest edition of the National Automobile Dealers
Association official used car guide.
(d) The commissioner shall provide for the uniform
marking of all motor vehicles. Motor
vehicle colors must be selected from the regular color chart provided by the
manufacturer each year. The commissioner
may further provide for the use of motor vehicles without marking by:
(1) the governor;
(2) the lieutenant governor;
(3) the Division of Criminal Apprehension, the
Division of Alcohol and Gambling Enforcement, and arson investigators of the
Division of Fire Marshal in the Department of Public Safety;
(4) the Financial Institutions Division and
investigative staff of the Department of Commerce;
(5) the Division of Disease Prevention and Control of
the Department of Health;
(6) the State Lottery;
(7) criminal investigators of the Department of
Revenue;
(8) state-owned community service facilities in the
Department of Human Services;
(9) the investigative staff of the Department of
Employment and Economic Development;
(10) (9) the Office of the Attorney General; and
(11) (10) the investigative staff of the Gambling Control
Board.
Sec. 3.
Minnesota Statutes 2008, section 84.94, subdivision 3, is amended to
read:
Subd. 3. Identification and classification. The Department of Natural Resources, with the
cooperation of the state Geological Survey, Departments the
Department of Transportation, and Energy, Planning and Development
the Department of Employment and Economic Development, outside of the
metropolitan area as defined in section 473.121, shall conduct a program of
identification and classification of potentially valuable publicly or privately
owned aggregate lands located outside of urban or developed areas where
aggregate mining is restricted, without consideration of their present land
use. The program shall give priority to
identification and classification in areas of the state where urbanization or
other factors are or may be resulting in a loss of aggregate resources to
development. Lands shall be classified
as:
(1) identified resources, being those containing
significant aggregate deposits;
(2) potential resources, being those containing
potentially significant deposits and meriting further evaluation; or
Journal of the
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(3) subeconomic resources, being
those containing no significant deposits.
As lands are classified, the
information on the classification shall be transmitted to each of the
departments and agencies named in this subdivision, to the planning authority
of the appropriate county and municipality, and to the appropriate county
engineer. The county planning authority
shall notify owners of land classified under this subdivision by publication in
a newspaper of general circulation in the county or by mail.
Sec. 4. Minnesota Statutes 2008, section 115C.08,
subdivision 4, is amended to read:
Subd. 4. Expenditures. (a) Money in the fund may only be spent:
(1) to administer the petroleum tank
release cleanup program established in this chapter;
(2) for agency administrative costs under
sections 116.46 to 116.50, sections 115C.03 to 115C.06, and costs of corrective
action taken by the agency under section 115C.03, including investigations;
(3) for costs of recovering expenses
of corrective actions under section 115C.04;
(4) for training, certification, and
rulemaking under sections 116.46 to 116.50;
(5) for agency administrative costs
of enforcing rules governing the construction, installation, operation, and
closure of aboveground and underground petroleum storage tanks;
(6) for reimbursement of the
environmental response, compensation, and compliance account under subdivision
5 and section 115B.26, subdivision 4;
(7) for administrative and staff
costs as set by the board to administer the petroleum tank release program established
in this chapter;
(8) for corrective action performance
audits under section 115C.093;
(9) for contamination cleanup grants,
as provided in paragraph (c); and
(10) to assess and remove abandoned
underground storage tanks under section 115C.094 and, if a release is
discovered, to pay for the specific consultant and contractor services costs
necessary to complete the tank removal project, including, but not limited to,
excavation soil sampling, groundwater sampling, soil disposal, and completion of
an excavation report.
(b) Except as provided in paragraph
(c), money in the fund is appropriated to the board to make reimbursements or
payments under this section.
(c) $6,200,000 is annually
appropriated from the fund to the commissioner of employment and economic
development for contamination cleanup grants under section 116J.554. Of this amount, the commissioner may spend up
to $180,000 $225,000 annually for administration of the
contamination cleanup grant program. The
appropriation does not cancel and is available until expended. The appropriation shall not be withdrawn from
the fund nor the fund balance reduced until the funds are requested by the
commissioner of employment and economic development. The commissioner shall schedule requests for withdrawals
from the fund to minimize the necessity to impose the fee authorized by
subdivision 2. Unless otherwise
provided, the appropriation in this paragraph may be used for:
Journal of the House - 36th Day - Monday, April 20,
2009 - Top of Page 2925
(1) project costs at a qualifying site if a portion of
the cleanup costs are attributable to petroleum contamination or new and
used tar and tar-like substances, including but not limited to bitumen and
asphalt, but excluding bituminous or asphalt pavement, that consist primarily
of hydrocarbons and are found in natural deposits in the earth or are
distillates, fractions or residues from the processing of petroleum crude or
petroleum products as defined in section 296A.01; and
(2) the costs of performing contamination
investigation if there is a reasonable basis to suspect the contamination is
attributable to petroleum or new and used tar and tar-like substances,
including but not limited to bitumen and asphalt, but excluding bituminous or
asphalt pavement, that consist primarily of hydrocarbons and are found in
natural deposits in the earth or are distillates, fractions, or residues from
the processing of petroleum crude or petroleum products as defined in section
296A.01.
Sec. 5.
Minnesota Statutes 2008, section 116J.035, subdivision 1, is amended to
read:
Subdivision 1. Powers.
(a) The commissioner may:
(1) apply for, receive, and expend money from
municipal, county, regional, and other government agencies;