Act Summary

Article 1: Agriculture

Overview

This article contains policy provisions that affect farmers, pesticide applicators, agricultural lenders, transportation fuel suppliers, foreign-owned wind developers, the Minnesota Department of Agriculture (MDA), the Board of Animal Health (BAH), the Department of Natural Resources (DNR), the Department of Commerce, the secretary of state, and others.

1         

Compensation required.  This section and the following section modify the MDA’s compensation program for livestock depredation due to gray wolves.  Modifies the law so that DNR conservation officers can no longer recommend the fair market value of the dead livestock.  Adds USDA officials, county peace officers, and licensed veterinarians to the list of entities who may investigate the farm site and report to the MDA.  Requires photographs as part of the inspection report.  Eliminates a requirement that the investigator report any deficiencies in the livestock producer’s adoption of wolf mitigation best management practices.  Eliminates a constraint that MDA may only pay the livestock producer if the investigator recommends that the MDA do so.  

2         

Payment; denial of compensation.  Eliminates a requirement that MDA consider a livestock producer’s conformance with wolf mitigation best management practices when evaluating a wolf depredation claim.

3         

Secretary of state.  Amends the Data Practices Act to conform to sections 22 - 25 of this act.

4         

Permitting efficiency goal and report.  Requires MDA to establish management systems needed to issue or deny environmental and resource management permits within 150 days of submission.  Requires biannual progress reports.  Requires MDA to allow electronic environmental review and permit submissions.

5         

Horses.  Defines horses and other equines as livestock and states that raising them is an agricultural pursuit.  Declares that this law does not affect the classification of property for property tax purposes.

6         

Application fee.  Changes the deadline for pesticide dealer license renewal from January 1 to before the expiration date.  Increases the late fee to 50 percent of the application fee, or $75.

7         

Application fee.  Changes the deadline for agricultural pesticide dealer license renewal from January 1 to before the expiration date.

8         

Requirement.  Prohibits anyone from purchasing a restricted use pesticide unless they present an MDA-issued authorization card or furnish the card number.

9         

Storage handling, incident response, and disposal plan.  Requires pesticide dealers, agricultural pesticide dealers, and commercial or noncommercial structural pest control applicators to develop and maintain a pesticide storage, handling, incident response, and disposal plan.

10     

Tree care and trimming company registration.  Changes an existing mandatory tree company registry to an annual registration with an annual fee of $25.  Requires a late fee, when applicable.  Provides that it is a crime to advertise tree care services without a valid registration.

11     

Fees; application.  Allows MDA to waive the standard fee for reviewing a food handler facility floor plan if MDA determines that the facility’s principal business purpose is not food sales and the facility will sell only prepackaged food.

12     

Designation of zones.  Provides more general authority for BAH to establish geographic bovine tuberculosis (TB) zones in order to control and eradicate TB and restrict the movement of bovines within and between these zones.

13     

Requirements within a tuberculosis control zone.  Authorizes BAH to require certain actions by cattle owners in a tuberculosis control zone that are currently authorized only for zones designated by BAH as “modified accredited.”

14     

Appropriations by municipalities.  Authorizes townships and cities to spend money for University of Minnesota Extension work.

15     

Sale from bulk.  Allows MDA and DNR to use existing civil and criminal enforcement authority to enforce an existing law requiring bulk firewood sold or distributed across state lines or more than 100 miles from its origin to include a delivery ticket containing origin information.

16     

Information required with package.  Allows MDA and DNR to use existing civil and criminal enforcement authority to enforce an existing law requiring packaged firewood sold or distributed across state lines or more than 100 miles from its origin to include information  identifying the wood’s origin.

17     

Minimum ethanol content required.  Eliminates a reference to a federal law – this law reference reappears in section 19. 

Effective date.  This section is effective upon final enactment.

18     

Minimum ethanol content required.  Eliminates a reference to a federal law – this law reference reappears in section 19.  Eliminates liability waiver language – this language also reappears in section 20. Extends by two years the sunset date for the E20 mandate law.

Effective date.  This section is effective upon final enactment.

19     

Federal Clean Air Act waivers; conditions.  Requires two conditions to be met before a waiver granted by the United States Environmental Protection Agency may increase the state’s ethanol mandate:  (1) the waiver must apply to all vehicle model years, and (2) it must be accompanied by special regulatory treatment under federal law for associated fuel vapor pressure levels.  Once these criteria are met, the mandate level will increase only after the Department of Commerce certifies in the state register that fuel suppliers are ready to move to the new mandate level.

Effective date.  This section is effective the day following final enactment.

20     

Limited liability waiver.  Reinstates the existing liability waiver language for E20, as expanded to now apply to all EPA-approved fuels with an ethanol content greater than ten percent that are mandated by state law.

Effective date.  This section is effective the day following final enactment.

21     

Fuel dispensing equipment; blends over ten percent ethanol.  Despite the state fire code and any other applicable law, pumps authorized to dispense E10 are authorized to dispense mandated blends that contain more ethanol.

22     

Electronic access; liability; retention.  Classifies the social security number (SSN) of debtors as private data on individuals or nonpublic data when the SSN is in the possession of the secretary of state.  (Note:  financing statements and liens—including various agricultural liens and the new Temporary Livestock Production Input Lien created in this act—are filed with the secretary of state).

Effective date.  This section is effective for financing statements filed in the secretary of state’s filing system after November 30, 2010.

23     

Compilation.  (Master list, Agricultural financing statements)  Requires the secretary of state to assign a unique identifier in place of the farm debtor’s SSN and to use this unique identifier to file the financing statements in the secretary of state’s computer system.  

Effective date.  This section is effective for agricultural financing statement lists compiled by the secretary of state after October 31, 2010.

24     

Distribution of master and partial lists.  (Agricultural financing statements)  Requires the secretary of state to assign a unique identifier in place of the farm debtor’s SSN and to use this unique identifier when distributing a list of financing statements on file.

Effective date.  This section is effective for master and partial agricultural financing statement lists distributed by the secretary of state after October 31, 2010.

25     

Restricted use of information.  Classifies farmer SSN and tax ID numbers in possession of the secretary of state as private data on individuals or nonpublic data.

Effective date.  This section is effective October 31, 2010.

26     

Aliens and non-American corporations.  Provides an exemption to a prohibition against ownership of an interest in farmland by more-than-20-percent-foreign-owned entities for an easement acquired to install and repair transmission lines and for wind rights.

27     

Reports.  Requires a foreign-owned entity acquiring a wind easement under the previous section to report to MDA.  Provides the same reporting requirement for a currently-exempt entity – i.e., foreign citizens whose right to hold the farmland is secured by a treaty.

28     

Definitions.  Provides an exemption to a prohibition against (for-profit and nonprofit) corporate ownership of interests in farmland for nonprofits that farm less than 40 acres and use all farming profits for educational purposes.  Grandfathers in qualifying nonprofit farms of no more than 160 acres until August 1, 2010.

29     

Agricultural lien.  Technical – definition modified (see section 30).

30     

Temporary livestock production input lien; debtor in mediation.  Authorizes a livestock production input lien for a person who supplies inputs (i.e., feed or labor) to a farmer during the 45 days following the farmer’s request to enter mediation with one or more creditors under the state’s Farmer-Lender Mediation Act.  Sets the lien amount at the value of the unpaid retail cost of the feed or labor.  However, as with the existing livestock production input lien authorized by law, a temporary livestock production input lien secured by the livestock may not exceed the difference between the sales price and the fair market value or purchase price of the animals.  The lien has priority over liens held by a lender on the livestock.

31     

Scope.  As with the existing types of agricultural lien, the new temporary livestock production input lien would attach to the livestock and is limited to the price or value of the service provided.

32     

Perfection.  Requires a supplier of temporary livestock production inputs to perfect the lien within 60 days.

33     

Effective date.  Delays enactment by two years of a 2008 law that would eliminate a seven-year limit on the term of wind easements.  The 2008 law would now become effective on June 1, 2012.

Effective date.  This section is effective the day following final enactment.

34     

Fertilizer research grants; extension of appropriation availability.  Extends until June 30, 2011, June 30, 2013, or June 30, 2014, the availability of funds appropriated from the fertilizer account in the agricultural fund in Laws of 2007 and 2009 for fertilizer research grants.

35     

Dairy research and education facility; collaboration.  Requires MDA to convene a group and report back on facility and financing options for a new dairy research and education facility.

36     

Appropriation; terminal capacity report.  Requires MDA, in consultation with the Department of Commerce - Office of Energy Security, to study and report back on propane and anhydrous terminal capacity in the state and surrounding area.  Appropriates $40,000 from the liquefied petroleum gas account for this purpose.

37     

Industrial hemp report.  Requires MDA to report back on industrial hemp laws in Canada or other nations.

38     

Bioenergy development; report.  Requires MDA to pursue federal funding for bioenergy development and report back to the legislature.

39     

Forest pest workgroup; report.  Requires MDA and DNR to develop recommendations for mitigating forest pests.

40     

Repealer.  Eliminates a law requiring MDA to prepare a plan for establishing a local-origin, native seed production loan program.  Eliminates a law that criminalizes the act of leaving shorn animals unsheltered during cold-weather months.  Eliminates a 2009 law requiring MDA to rent out unused office space in the Freeman building and allocate any proceeds as grants to eligible livestock producers.

Article 2: Veterans

Overview

This article contains a number of policy provisions involving veterans affairs, including provisions:

·         clarifying the role of the commissioner with regard to County Veterans Service Officers;

·         revising the Veterans Preference Act regarding the hiring of teachers; requiring that unless the district uses the 100-point scale for rating applicants, every qualified veteran who applies for a teaching position must be interviewed;  exempting teachers from the dismissal provisions of the Veterans Preference Act;

·         modifying certain other provisions of the Veterans Preference Act, including increasing from 20-days to 120-days the time allowed to request a hearing for a veteran facing dismissal from state or local public employment;

·         relaxing slightly the residency requirements for a deceased veteran under the War Orphans Act for the purposes of survivor education benefits;

·         broadening eligibility for the veteran-owned small business bid-preference program for state contracting for goods and services, to include businesses owned by veterans who served prior to September 11, 2001;

·         extends eligibility for purple heart license plates to purple heart medal recipients who have not yet been discharged from the military;

·         extends by one year, to 2012, the sunset date for the Campus Vet Reps Program on higher education campuses; directs the commissioner to evaluate alternative funding sources;

·         authorizes public school districts, at their option, to waive extracurricular fees for students whose parent is deployed into active military service, or has been deployed within the past year; and

·         directing the commissioner to plan for new veterans cemeteries on public lands in Northeastern, Southeastern, and Southwestern Minnesota, and to prepare and submit pre-applications to the USDVA for commitment of federal funding for those cemeteries.

1         

State flag.  Provides detailed guidance for folding the Minnesota flag for purposes of formal presentation or display.  There are no penalties in the bill or current law for using any alternative folding methods.

2         

State flag.  Provides that when folding the Minnesota flag for storage, the proper procedure is to fold and store it in the same manner as for the national flag.

3   & 4

Veteran-owned small business bid preference program; eligibility broadened.  Broadens the eligibility for the small business procurement program that provides a competitive advantage of up to six percent for certain Minnesota small businesses when bidding for state of Minnesota contracts for goods and services.

Under current law, 25 percent of the value of anticipated total state procurement of goods and services, including printing and construction, must be divided into units sufficiently small for award to small businesses.  Small businesses that are majority-owned by women, minorities, and physically disabled persons are designated as targeted group businesses and are awarded up to a six percent bid preference when bidding on those state contracts.

A 2009 law extended eligibility for this program to include veteran-owned small businesses that are majority owned and operated by honorably-discharged veterans who either:

(1)  have served in active military service at any time since September 11, 2001; or

(2)  have been certified by the USVA as having a service-connected disability.

The present provision further extends eligibility to any certified veteran-owned small business, irrespective of when the veteran-owner(s) served in active military service, and irrespective of whether the veteran-owner(s) have service-connected disabilities, but only if there is sufficient capacity in the program to accommodate such expansion.

The term, sufficient capacity, refers in any year to the 25 percent figure for the value of anticipated contracting that is sufficiently-sized for award to small businesses.

Certification of eligibility for veteran-owned small businesses for this state program would continue being piggybacked onto the federal Small Business Administration’s (SBA) verification process for veteran-owned small businesses (thereby minimizing any state fiscal note).

Effective date.  This section is effective July 1, 2010, for state contracts being awarded on or after that date.

5   & 6

Schools authorized to waive certain fees for children of deployed troops.  Authorizes Minnesota school boards to waive one or more fees for extracurricular activities for any pupil whose parent is serving in, or within the past year has served in, active military service, broadly defined as federal or state active service.  Any such waiver would be at the discretion of the board.

Current law allows schools to accept voluntary contributions for such purposes (e.g., from veteran service organizations).

Effective date.  Sections 5 and 6 are effective the day following enactment.

7   

Purple Heart license plate authorized.  Extends eligibility for the veterans purple heart vehicle license plate to any recipient of the Purple Heart Medal who is still serving in the military and, thus, might not yet have been issued discharge papers showing the person’s status as a veteran.  (See the repealer of disabled veterans license plate, as well.)

8   

Consumer satisfaction survey.  Directs the commissioner of veterans affairs to tabulate, summarize and report on the satisfaction, subject matter, and results of phone calls to the Minnesota Department of Veterans Affairs’ (MDVA) Help Line each year.

9   

Veterans Preference Act; teacher hiring procedures.  Amends Veterans Preference Act “hiring procedures” as related to the hiring of teachers.  For teachers, the act would provide two options:

(1)  Any district using the 100-point hiring system must provide the five-point preference for veterans, and the ten-point preference for disabled veterans, as under current law.

(2)  Districts not using the 100-point hiring system would be exempted from the five- and ten-point veterans preference requirements of current law, but instead would be required to grant an interview to each veteran who has the proper licensure for the  open position of employment.

Effective date.  This section is effective the day following enactment.

10                 

Veterans Preference Act; teacher dismissal procedures.  Exempts “teachers” from the protections of the Veterans Preference Act (VPA) as it applies to dismissals (i.e., firing or layoff) from employment with any public school district or other state or local government employer.

Under current law, a teacher facing dismissal who is a veteran has the irrevocable option of requesting either: (1) a hearing under veterans preference law; or (2) a hearing under the grievance procedures of their employment contract; but not both.  Under the bill, the teacher would no longer have the option of the Veterans Preference hearing.  (Thus, for teachers who are veterans, the law would revert to the pre-2009 situation, which was the year veterans preference protections were extended to teachers.)

Effective date.  This section is effective the day following enactment.

11                 

Veterans Preference Act modified; petition.  Modifying certain provisions of the Veterans Preference Act, pertaining to dismissal of a veteran from any covered position of public employment.  Stipulates that in a petition for a hearing under the VPA must contain certain additional information (e.g., a phone number and notarized signature), that it must include the veteran’s DD-214 discharge paper, and that it must be submitted by U.S. mail.

12                 

Veterans Preference Act modified; service.  Clarifies that a dismissal petition under the Veterans Preference Act is not considered as being complete until the MDVA has verified it as being complete.

13                 

Veterans Preference Act; modified; hearing schedule.  Increases to 120 days the time period for the MDVA to schedule a hearing on a veteran’s petition (verified as complete) challenging a dismissal action, as measured from the time of serving the petition.  Under current law, the hearing must be held within 20 days of being served on the stakeholder parties.

14                 

Campus Vet-Reps program; sunset extended.  Extends the sunset date on a program that provides “Vet Reps” on Minnesota’s college campuses for the purpose of advising veterans on GI Bill benefits and application procedures, as well as on other college and course application procedures, and other veterans benefit matters. 

Under current law, the program authorization and funding are due to sunset on June 30, 2011.  This amendment would extend the program authorization – but not the funding – to June 30, 2012 (and thereby enable the MDVA to seek continuation funding).

Program funding and fiscal tails (none) for this program are governed by a separate provision of law (funding is set to expire at the end of the current 2010-2011 biennium).  Consequently, this amendment is expected to have no immediate fiscal impact. 

15                 

CVSO and MDVA roles clarified; appointment.  Clarifies that the county board is the appointing authority for County Veteran Service Officers (CVSO).  Also, Clay County would no longer be exempted from the requirement to have a CVSO.

16                 

CVSO and MDVA roles clarified; qualifications.  Removes the requirements that a person being hired as a CVSO, or an Assistant CVSO, must already be educated and trained in the laws and regulations necessary to do the job.  (Instead, provides requirements for education and training while on-the-job.)

17                 

CVSO and MDVA roles clarified; department as a resource – not a supervisor.

     Subd. 1.  Resources available.  Strikes from current law the longstanding requirement that the commissioner of veterans affairs must provide general supervision to the CVSOs.  Instead of a supervisory role, the bill directs the MDVA to make available certain resources within the department to assist the CVSOs, upon formal request by and at the discretion of the CVSO.  The bill directs the commissioner to consult with the Minnesota Association of County Veteran Service Officers in developing a list of those resources.

     Subd. 2.  Claims.  Reinforces the longstanding requirement that CVSOs must use the MDVA to present veterans’ claims for benefits to the United States Department of Veterans Affairs (USDVA).

     Subd. 3.  Rulemaking.  Strikes the longstanding authority of the commissioner for rulemaking for CVSOs.

     Subd. 4.  Certification.  Leaves in place the requirement for the commissioner to establish a certification process for CVSOs, including the standing requirement that the commissioner must consult with the Minnesota Association of County Veterans Service Officers in developing that certification process.

18                 

CVSO and MDVA roles clarified; CVSO are employees of the counties, not of the state.  Clarifies that CVSOs are the employees of their counties and that the county has exclusive jurisdiction and control over the CVSOs.  Strikes longstanding language in current law that had seemingly provided overlapping supervisory responsibility to the commissioner of the MDVA, as well.

19                 

CVSO and MDVA roles clarified; education program.  Extends a provision of current law that directs the commissioner to establish an education program for CVSOs, by adding the requirement that such establishment must involve the assistance and advice of the Minnesota Association of County Veteran Service Officers, as well.

20                 

CVSO and MDVA roles clarified; eligibility.  Adds Assistant CVSOs to the list of officials eligible for the education program administered by the commissioner.  Under current law, only the CVSOs themselves have been eligible.

21                 

Survivors of a deceased veteran; survivor education benefit eligibility expanded.  Under current law, the surviving spouse and children of a veteran who has died as a result of military service are eligible for certain education benefits if the veteran was a Minnesota resident within six months of the person’s entry into the military.  The bill would expand survivor eligibility slightly by recognizing the veteran’s Minnesota residency within six months preceding the veteran’s death, as well.

It would also expand eligibility to include the stepchildren of a qualifying deceased veteran (in addition to the surviving spouse and children, under current law). 

22                 

Veterans preference in dismissals; effective date changed.  Amends the effective date of a provision of the Omnibus Ag and Veterans Act of 2009, pertaining to dismissals from public employment.  That 2009 Act:

(1) provided to state employees the veterans preference protections that had long been available to local government employees, when facing dismissal from public employment (i.e., by layoff or firing); and

(2) stipulated that the veterans preference hearing process for dismissals no longer may be in addition to the person’s union contract grievance process, but instead it would be the veteran’s irrevocable choice to pursue one or the other process, but not both  (Laws 2009, ch. 94, art. 2, § 14).  These provisions apply to both state and local government employees.

However, the effective date on that 2009 Act inadvertently limited application of the changes only to new employees hired following its enactment.  The present amendment would apply the 2009 changes to state and local government employees hired before that enactment, as well.

This amendment would apply to dismissals occurring only after the effective date of this provision (July 1, 2010); thus, any dismissals already completed would still stand.

This amendment would not affect Veterans Preference Law as it pertains to hiring.

Effective date.  This section is itself effective the day following enactment.

23                 

New veterans cemeteries; planning required for NE, SE, and SW Minnesota.  Directs the commissioner of veterans affairs to plan for three new veterans cemeteries, to be located in: (1) Northeastern Minnesota; (2) Southeastern Minnesota; and (3) Southwestern Minnesota.  The bill further directs the commissioner to seek out public land options for each of the new cemeteries.

The bill also directs the commissioner to prepare and submit a pre-application for federal grants from the USDVA for commitment of federal funding for establishing each of the three veterans cemeteries.

A progress report to the legislature is required by January 15, 2011.

[Note: The 2009 bonding bill authorized spending of $500,000 of bonding proceeds for the creation of new veterans cemeteries in Northeastern and Southwestern Minnesota.  The present bill does not amend or otherwise affect that 2009 law.]

24                 

CVSO and MDVA roles clarified; non-compliance.  Directs that any county not in compliance with the qualifications of an assistant CVSO on July 1, 2010, (the effective date of the bill) must be in compliance no later than June 30, 2013.

25                 

Higher education assistance program; alternative funding sources.  Directs the commissioner of veterans affairs to determine alternative methods for funding the higher education veterans assistance program – i.e., Vet-Reps Program – for future years, and to report findings to the appropriate legislative committee chairs and members by January 15, 2011.

26                 

Repealer.  Repeals Minnesota Statutes, section 168.1251, the “Disabled American Veteran” license plate, given the absence of participation.

27                 

Effective dates.  Sections 5, 6, 9, 10, and 22 are effective the day following enactment.  Section 7 is effective August 1, 2010.  The remaining sections are effective July 1, 2010 (since the bill contains an appropriation, in article 1, Agriculture).