1.1.................... moves to amend H.F. No. 2908 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2012, section 18B.01, is amended by adding a
1.4subdivision to read:
1.5    Subd. 2a. Bee. "Bee" means any stage of the common honeybee, Apis mellifera (L).

1.6    Sec. 2. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
1.7to read:
1.8    Subd. 2b. Bee owner. "Bee owner" means a person who owns an apiary.

1.9    Sec. 3. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
1.10to read:
1.11    Subd. 4c. Colony. "Colony" means the aggregate of worker bees, drones, the queen,
1.12and developing young bees living together as a family unit in a hive or other dwelling.

1.13    Sec. 4. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
1.14to read:
1.15    Subd. 11a. Hive. "Hive" means a frame hive, box hive, box, barrel, log gum, skep,
1.16or any other receptacle or container, natural or artificial, or any part of one, which is
1.17used as domicile for bees.

1.18    Sec. 5. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
1.19to read:
1.20    Subd. 20a. Pollinator. "Pollinator" means an insect that pollinates flowers.

1.21    Sec. 6. Minnesota Statutes 2012, section 18B.03, is amended by adding a subdivision
1.22to read:
2.1    Subd. 4. Pollinators. The commissioner may take enforcement action under
2.2chapter 18D for a violation of this chapter, or any rule adopted under this chapter,
2.3that results in harm to pollinators, including but not limited to applying a product in
2.4a manner inconsistent with the product's label or labeling and resulting in pollinator
2.5death or willfully applying pesticide in a manner inconsistent with the product label or
2.6labeling. The commissioner must deposit any penalty collected under this subdivision in
2.7the pesticide regulatory account in section 18B.05.

2.8    Sec. 7. Minnesota Statutes 2012, section 18B.04, is amended to read:
2.10(a) The commissioner shall:
2.11(1) determine the impact of pesticides on the environment, including the impacts on
2.12surface water and groundwater in this state;
2.13(2) develop best management practices involving pesticide distribution, storage,
2.14handling, use, and disposal; and
2.15(3) cooperate with and assist other state agencies and local governments to protect
2.16public health, pollinators, and the environment from harmful exposure to pesticides.
2.17(b) The commissioner may assemble a pollinator emergency response team of
2.18experts under section 16C.10, subdivision 2, to consult in the investigation of pollinator
2.19deaths or illnesses. The pollinator emergency response team may include representatives
2.20from local, state, and federal agencies; academia; or other professionals as deemed
2.21necessary by the commissioner.

2.24    Subdivision 1. Compensation required. (a) The commissioner of agriculture
2.25must compensate a person for an acute pesticide poisoning resulting in the death of bees
2.26owned by the person, provided:
2.27(1) the person who applied the pesticide cannot be determined;
2.28(2) the person who applied the pesticide did so in a manner consistent with the
2.29pesticide product's label or labeling; or
2.30(3) the person who applied the pesticide did so in a manner inconsistent with the
2.31pesticide product's label or labeling.
2.32(b) Except as provided in this section, the bee owner is entitled to the fair market
2.33value of the dead bees as determined by the commissioner upon recommendation by
3.1academic experts and bee keepers. In any fiscal year, a bee owner must not be compensated
3.2for a claim that is less than $100 or compensated more than $20,000 for all eligible claims.
3.3    Subd. 2. Applicator responsible. In the event a person applies a pesticide in a
3.4manner inconsistent with the pesticide label or labeling requirements as approved by the
3.5commissioner and is determined to have caused the acute pesticide poisoning of bees,
3.6resulting in death, kept for commercial purposes, then the person so identified shall bear
3.7the responsibility of restitution for the value of the bees to the owner. In such cases the
3.8commissioner shall not provide compensation as provided in this section.
3.9    Subd. 3. Claim form. The bee owner must file a claim on forms provided by the
3.10commissioner and available on the Department of Agriculture's Web site.
3.11    Subd. 4. Determination. The commissioner must determine whether the death of
3.12the bees was caused by an acute pesticide poisoning, whether the pesticide applicator can
3.13be determined, and whether the pesticide applicator applied the pesticide product in a
3.14manner consistent with the pesticide product's label or labeling.
3.15    Subd. 5. Payments; denial of compensation. (a) If the commissioner determines
3.16the bee death was caused by an acute pesticide poisoning and either the pesticide
3.17applicator cannot be determined or the pesticide applicator applied the pesticide product in
3.18a manner consistent with the pesticide product's label or labeling, the commissioner may
3.19award compensation from the pesticide regulatory account. If the pesticide applicator can
3.20be determined and the applicator applied the pesticide product in a manner inconsistent
3.21with the product's label or labeling, the commissioner may collect a penalty from the
3.22pesticide applicator sufficient to compensate the bee owner for the fair market value of the
3.23dead bees and must award the money to the bee owner.
3.24(b) If the commissioner denies compensation claimed by a bee owner under this
3.25section, the commissioner must issue a written decision based upon the available evidence.
3.26The decision must include specification of the facts upon which the decision is based
3.27and the conclusions on the material issues of the claim. A copy of the decision must
3.28be mailed to the owner.
3.29(c) A decision to deny compensation claimed under this section is not subject to the
3.30contested case review procedures of chapter 14, but may be reviewed upon a trial de
3.31novo in a court in the county where the loss occurred. The decision of the court may be
3.32appealed as in other civil cases. Review in court may be obtained by filing a petition for
3.33review with the administrator of the court within 60 days following receipt of a decision
3.34under this section. Upon the filing of a petition, the administrator must mail a copy to the
3.35commissioner and set a time for hearing within 90 days of the filing.
4.1    Subd. 6. Deduction from payment. In order to be eligible for compensation under
4.2this section, a bee owner must document that at the time of the loss the bee owner had
4.3insurance sufficient to cover up to 50 percent of the total value of the owner's colony.
4.4The commissioner must reduce payments made under this section by any compensation
4.5received by the bee owner as proceeds from an insurance policy or from another source.
4.6    Subd. 7. Appropriation. The amount necessary to pay claims under this section,
4.7not to exceed $150,000 per fiscal year, is appropriated from the pesticide regulatory
4.8account in section 18B.05.

4.9    Sec. 9. [19.70] DEFINITIONS.
4.10    Subdivision 1. Scope. For the purposes of this chapter the terms defined in this
4.11section have the meanings given.
4.12    Subd. 2. Apiary. "Apiary" means a place where a collection of one or more hives or
4.13colonies of bees or the nuclei of bees are kept.
4.14    Subd. 3. Abandoned apiary. "Abandoned apiary" means any apiary not regularly
4.15attended in accordance with good beekeeping practices and which constitutes a disease or
4.16parasite hazard to the beekeeping industry.
4.17    Subd. 4. Africanized honeybees. "Africanized honeybees" means Africanized
4.18honeybees using United States Department of Agriculture standards.
4.19    Subd. 5. Bee diseases. "Bee diseases" means infectious, contagious, or harmful
4.20diseases including but not limited to: American or European foulbrood, sacbrood,
4.21chalkbrood, Nosema, bee paralysis, or abnormal condition of egg, larval, pupal, or adult
4.22stages of bees.
4.23    Subd. 6. Bee equipment. "Bee equipment" means hives, supers, frames, veils,
4.24gloves, and any apparatus, tool, machine, vehicle, or other device used in the handling,
4.25moving, or manipulating of bees, honey, wax, or hives, including containers of honey or
4.26wax which may be used in an apiary or in transporting bees and their products and apiary
4.28    Subd. 7. Beekeeper. "Beekeeper" means a person who keeps bees.
4.29    Subd. 8. Beekeeping. "Beekeeping" means the moving, raising, and producing of
4.30bees, beeswax, honey, related products, and pollination.
4.31    Subd. 9. Colony. "Colony" means the aggregate of worker bees, drones, the queen,
4.32and developing young bees living together as a family unit in a hive or other dwelling.
4.33    Subd. 10. Commissioner. "Commissioner" means the commissioner of agriculture
4.34or the commissioner's authorized agents.
4.35    Subd. 11. Department. "Department" means the Department of Agriculture.
5.1    Subd. 12. Exotic parasite. "Exotic parasite" means any parasite harmful to bees
5.2including but not limited to: Varroa jacobsoni, Tropilaelaps clareae, or Acarapis woodi.

5.3    Sec. 10. Minnesota Statutes 2012, section 85A.02, subdivision 2, is amended to read:
5.4    Subd. 2. Zoological Garden. The board shall acquire, construct, equip, operate
5.5and maintain the Minnesota Zoological Garden at a site in Dakota County legally
5.6described in Laws 1975, chapter 382, section 12. The Zoological Garden shall consist
5.7of adequate facilities and structures for the collection, habitation, preservation, care,
5.8exhibition, examination or study of wild and domestic animals, including, but not limited
5.9to mammals, birds, fish, amphibians, reptiles, crustaceans and mollusks. The board
5.10may provide such lands, buildings and equipment as it deems necessary for parking,
5.11transportation, entertainment, education or instruction of the public in connection with
5.12such Zoological Garden. The Zoological Garden is the official pollinator bank for the state
5.13of Minnesota. For purposes of this subdivision, "pollinator bank" means a program to
5.14avert the extinction of pollinator species by cultivating insurance breeding populations.

5.16No later than January 1, 2015, the commissioner must report to the house of
5.17representatives and senate committees with jurisdiction over agriculture finance the
5.18protocol that the commissioner developed, in consultation with experts, for determining
5.19the fair market value of bees, hives, colonies, apiaries, and queen apiaries for purposes
5.20of compensation under section 18B.055.

5.21    Sec. 12. APPROPRIATION.
5.22$100,000 in fiscal year 2015 is appropriated from the general fund to the
5.23commissioner of agriculture to compensate the pollinator emergency response team
5.24authorized in section 18B.04."
5.25Amend the title accordingly