HF 942

as introduced - 89th Legislature (2015 - 2016) Posted on 02/16/2015 01:33pm

A bill for an act
relating to agriculture; abolishing the Agricultural Utilization Research Institute
and transferring its duties to the Department of Agriculture; appropriating
money; amending Minnesota Statutes 2014, sections 3.971, subdivision 6;
15A.086; 28A.21, subdivision 2; 41A.105, subdivision 2; 352D.02, subdivision
1; proposing coding for new law in Minnesota Statutes, chapter 41A; repealing
Minnesota Statutes 2014, sections 13D.08, subdivision 12; 116V.01; 116V.02;
116V.03.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 3.971, subdivision 6, is amended to read:

Subd. 6.

Financial audits.

The legislative auditor shall audit the financial statements
of the state of Minnesota required by section 16A.50 and, as resources permit, Minnesota
State Colleges and Universities, the University of Minnesota, state agencies, departments,
boards, commissions, offices, courts, and other organizations subject to audit by the
legislative auditor, including, but not limited to, the State Agricultural Society, deleted text begin Agricultural
Utilization Research Institute, deleted text end Enterprise Minnesota, Inc., Minnesota Historical Society,
ClearWay Minnesota, Minnesota Sports Facilities Authority, Metropolitan Airports
Commission, and Metropolitan Mosquito Control District. Financial audits must be
conducted according to generally accepted government auditing standards. The legislative
auditor shall see that all provisions of law respecting the appropriate and economic use of
public funds and other public resources are complied with and may, as part of a financial
audit or separately, investigate allegations of noncompliance.

Sec. 2.

Minnesota Statutes 2014, section 15A.086, is amended to read:

15A.086 LIMITS ON BONUS PAYMENTS.

Notwithstanding any law to the contrary, an employee of the state lottery or of
a public corporation or nonprofit corporation created by law may not receive bonus
payments in any year that exceed ten percent of the employee's base salary for that year.
For purposes of this section, bonus payments include any combination of merit pay,
achievement awards, or any other cash payments in addition to base salary, other than
severance pay or overtime or holiday pay. Groups covered by this section include, but
are not limited to, the Workers' Compensation Reinsurance Association, the Minnesota
Insurance Guaranty Association, the Fair plan, the Joint Underwriters Association, the
Minnesota Joint Underwriters Association, the Life and Health Guaranty Association, the
Minnesota Comprehensive Health Association, the Minnesota State High School League,
Enterprise Minnesota, Inc., deleted text begin Agricultural Utilization Research Institute, deleted text end Minnesota Project
Outreach Corporation, and the State Agricultural Society. This section does not give any
entity authority to grant a bonus not otherwise authorized by law.

Sec. 3.

Minnesota Statutes 2014, section 28A.21, subdivision 2, is amended to read:

Subd. 2.

Membership.

(a) The Food Safety and Defense Task Force consists of:

(1) the commissioner of agriculture or the commissioner's designee;

(2) the commissioner of health or the commissioner's designee;

(3) a representative of the United States Food and Drug Administration;

(4) a representative of the United States Department of Agriculture;

(5) deleted text begin a representative of the Agricultural Utilization Research Institute;
deleted text end

deleted text begin (6) deleted text end one member of the Minnesota Grocers Association;

deleted text begin (7) deleted text end new text begin (6) new text end one member from the University of Minnesota knowledgeable in food and
food safety issues; and

deleted text begin (8) deleted text end new text begin (7) new text end nine members appointed by the governor who are interested in food and
food safety, of whom:

(i) two persons are health or food professionals;

(ii) one person represents a statewide general farm organization;

(iii) one person represents a local food inspection agency;

(iv) one person represents a food-oriented consumer group; and

(v) one person represents a Minnesota-based manufacturer of microbial detection
equipment and remediation products.

(b) Members shall serve without compensation. Members appointed by the governor
shall serve four-year terms.

Sec. 4.

Minnesota Statutes 2014, section 41A.105, subdivision 2, is amended to read:

Subd. 2.

NextGen Energy Board.

There is created a NextGen Energy Board
consisting of the commissioners of agriculture, commerce, natural resources, the Pollution
Control Agency, and employment and economic development; the chairs of the house of
representatives and senate committees with jurisdiction over energy finance; the chairs
of the house of representatives and senate committees with jurisdiction over agriculture
finance; one member of the second largest political party in the house of representatives,
as appointed by the chairs of the house of representatives committees with jurisdiction
over agriculture finance and energy finance; new text begin and new text end one member of the second largest
political party in the senate, as appointed by the chairs of the senate committees with
jurisdiction over agriculture finance and energy finance deleted text begin ; and the executive director of
the Agricultural Utilization Research Institute deleted text end . In addition, the governor shall appoint
eight members: two representing statewide agriculture organizations; two representing
statewide environment and natural resource conservation organizations; one representing
the University of Minnesota; one representing the Minnesota Institute for Sustainable
Agriculture; one representing the Minnesota State Colleges and Universities system; and
one representing the forest products industry.

Sec. 5.

new text begin [41A.20] AGRICULTURAL PRODUCT UTILIZATION.
new text end

new text begin Subdivision 1. new text end

new text begin Duties. new text end

new text begin The commissioner of agriculture must:
new text end

new text begin (1) identify development opportunities for agricultural products;
new text end

new text begin (2) implement a program that identifies techniques to meet those opportunities;
new text end

new text begin (3) monitor and coordinate research among the public and private organizations and
individuals specifically addressing procedures to transfer new technology to businesses,
farmers, and individuals;
new text end

new text begin (4) provide research grants to public and private educational institutions and other
organizations that are undertaking basic and applied research to promote the development
of emerging agricultural industries;
new text end

new text begin (5) assist organizations and individuals with market analysis and product marketing
implementations;
new text end

new text begin (6) to the extent possible earn and receive revenue from contracts, patents, licenses,
royalties, grants, fees-for-service, and memberships;
new text end

new text begin (7) work with the United States Department of Agriculture, the Department of
Employment and Economic Development, and other agencies to maximize marketing
opportunities locally, nationally, and internationally; and
new text end

new text begin (8) leverage available funds from federal, state, and private sources to develop new
markets and value-added opportunities for Minnesota agricultural products.
new text end

new text begin Subd. 2. new text end

new text begin Advisory council. new text end

new text begin The commissioner must convene an advisory council
under section 15.059 to inform the commissioner's actions under this section. Council
membership is as follows:
new text end

new text begin (1) the chair of the house of representatives committee with jurisdiction over
agriculture finance or the chair's designee;
new text end

new text begin (2) the chair of the senate committee with jurisdiction over agriculture finance or
the chair's designee;
new text end

new text begin (3) two representatives of statewide farm organizations;
new text end

new text begin (4) two representatives of agribusiness;
new text end

new text begin (5) one representative of a commodity promotion council;
new text end

new text begin (6) one active nontraditional farmer;
new text end

new text begin (7) two people with experience in entrepreneurship and business start-up;
new text end

new text begin (8) two lending institutions with experience in business start-up capital; and
new text end

new text begin (9) two citizens.
new text end

new text begin Subd. 3. new text end

new text begin Annual report. new text end

new text begin The commissioner must report no later than February 1
each year to the house of representatives and senate committees with jurisdiction over
agriculture finance. The report must list projects initiated, progress on projects, outcomes,
and financial information relating to expenditures, income from other sources, and other
information that allows the committees to evaluate the effectiveness of the commissioner's
activities under this section.
new text end

Sec. 6.

new text begin [41A.30] RENEWABLE ENERGY ROUNDTABLE.
new text end

new text begin Subdivision 1. new text end

new text begin Roundtable; purpose. new text end

new text begin The commissioner must convene a Renewable
Energy Roundtable to further the state's leadership on bioenergy issues. The commissioner
must facilitate activities and provide staff to assist the Renewable Energy Roundtable.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The Renewable Energy Roundtable must consist of one
representative appointed by the commissioner, one appointed by the commissioner
of commerce, one appointed by the chancellor of the Minnesota State Colleges and
Universities, and one appointed by the president of the University of Minnesota. The
appointees must have expertise relevant to bioenergy.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The Renewable Energy Roundtable will engage professionals and
experts from private, government, academic, and nonprofit entities across the state to
identify bioenergy opportunities and collaborate with a broad group of interested parties
to identify future alternative courses of action the state can take to sustain a long-term
competitive position in renewable energy through the year 2025. The Renewable Energy
Roundtable will consult, advise, and review projects and initiatives funded by the state as
directed by the commissioner and the legislature.
new text end

Sec. 7.

Minnesota Statutes 2014, section 352D.02, subdivision 1, is amended to read:

Subdivision 1.

Coverage.

(a) Employees enumerated in paragraph (c), clauses (2),
(3), (4), (6) to (14), and (16) to (18), if they are in the unclassified service of the state or
Metropolitan Council and are eligible for coverage under the general state employees
retirement plan under chapter 352, are participants in the unclassified program under this
chapter unless the employee gives notice to the executive director of the Minnesota State
Retirement System within one year following the commencement of employment in the
unclassified service that the employee desires coverage under the general state employees
retirement plan. For the purposes of this chapter, an employee who does not file notice
with the executive director is deemed to have exercised the option to participate in the
unclassified program.

(b) Persons referenced in paragraph (c), clause (5), are participants in the unclassified
program under this chapter unless the person was eligible to elect different coverage under
section 3A.07 and elected retirement coverage by the applicable alternative retirement
plan. Persons referenced in paragraph (c), clause (15), are participants in the unclassified
program under this chapter for judicial employment in excess of the service credit limit in
section 490.121, subdivision 22.

(c) Enumerated employees and referenced persons are:

(1) the governor, the lieutenant governor, the secretary of state, the state auditor,
and the attorney general;

(2) an employee in the Office of the Governor, Lieutenant Governor, Secretary
of State, State Auditor, Attorney General;

(3) an employee of the State Board of Investment;

(4) the head of a department, division, or agency created by statute in the unclassified
service, an acting department head subsequently appointed to the position, or an employee
enumerated in section 15A.0815 or 15A.083, subdivision 4;

(5) a member of the legislature;

(6) a full-time unclassified employee of the legislature or a commission or agency of
the legislature who is appointed without a limit on the duration of the employment or a
temporary legislative employee having shares in the supplemental retirement fund as a
result of former employment covered by this chapter, whether or not eligible for coverage
under the Minnesota State Retirement System;

(7) a person who is employed in a position established under section 43A.08,
subdivision 1, clause (3), or in a position authorized under a statute creating or establishing
a department or agency of the state, which is at the deputy or assistant head of department
or agency or director level;

(8) the regional administrator, or executive director of the Metropolitan Council,
general counsel, division directors, operations managers, and other positions as designated
by the council, all of which may not exceed 27 positions at the council and the chair;

(9) the commissioner, deputy commissioner, and not to exceed nine positions
of the Minnesota Office of Higher Education in the unclassified service, as designated
by the Minnesota Office of Higher Education before January 1, 1992, or subsequently
redesignated with the approval of the board of directors of the Minnesota State Retirement
System, unless the person has elected coverage by the individual retirement account
plan under chapter 354B;

(10) the clerk of the appellate courts appointed under article VI, section 2, of the
Constitution of the state of Minnesota, the state court administrator and judicial district
administrators;

(11) the chief executive officers of correctional facilities operated by the Department
of Corrections and of hospitals and nursing homes operated by the Department of Human
Services;

(12) an employee whose principal employment is at the state ceremonial house;

(13) deleted text begin an employee of the Agricultural Utilization Research Institute;
deleted text end

deleted text begin (14) deleted text end an employee of the State Lottery who is covered by the managerial plan
established under section 43A.18, subdivision 3;

deleted text begin (15) deleted text end new text begin (14) new text end a judge who has exceeded the service credit limit in section 490.121,
subdivision 22;

deleted text begin (16) deleted text end new text begin (15) new text end an employee of Enterprise Minnesota, Inc.;

deleted text begin (17) deleted text end new text begin (16) new text end a person employed by the Minnesota State Colleges and Universities as
faculty or in an eligible unclassified administrative position as defined in section 354B.20,
subdivision 6, who was employed by the former state university or the former community
college system before May 1, 1995, and elected unclassified program coverage prior to
May 1, 1995; and

deleted text begin (18) deleted text end new text begin (17) new text end a person employed by the Minnesota State Colleges and Universities who
was employed in state service before July 1, 1995, who subsequently is employed in an
eligible unclassified administrative position as defined in section 354B.20, subdivision
6, and who elects coverage by the unclassified program.

Sec. 8. new text begin ABOLISHED; AGRICULTURAL UTILIZATION RESEARCH
INSTITUTE.
new text end

new text begin (a) The Agricultural Utilization Research Institute is abolished and its duties, as
previously codified in Minnesota Statutes 2014, section 116V.01, subdivision 3, are
transferred to the commissioner of agriculture as provided in Minnesota Statutes, sections
41A.20 and 41A.30.
new text end

new text begin (b) The commissioner may hire employees and maintain regional offices as required
to effectively and efficiently carry out the duties under Minnesota Statutes, sections
41A.20 and 41A.30. The commissioner must not hire an executive director.
new text end

new text begin (c) The commissioner must commence the duties in Minnesota Statutes, sections
41A.20 and 41A.30 no later than January 1, 2016.
new text end

Sec. 9. new text begin APPROPRIATION.
new text end

new text begin $3,643,000 in fiscal year 2016 and $3,643,000 in fiscal year 2017 are appropriated
from the general fund to the commissioner of agriculture for purposes of Minnesota
Statutes, sections 41A.20 and 41A.30.
new text end

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 13D.08, subdivision 12; 116V.01; 116V.02; and
116V.03, new text end new text begin are repealed.
new text end