SF 2244

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to agriculture; establishing the Fertilizer
Research Council; providing for a program of
comprehensive research in soil fertility and
fertilizer management; establishing a refundable fee
on agricultural fertilizers; amending Minnesota
Statutes 2004, section 18C.425, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2004, section 18C.425, is
amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Soil fertility and fertilizer management
research program; funding; fertilizer council. new text end

new text begin (a) There is
established a permanent program of grants for research in soil
fertility and fertilizer use. Research conducted under the
program must seek practical answers to problems and practices
related to improving precision in fertilizer use, documentation
of the impact of fertilizer use on crop quantity and quality,
interactions between fertilizer use and other crop inputs, and
best management practices to minimize negative environmental
impacts of fertilizer use in various cropping systems.
new text end

new text begin (b) The research program under this subdivision must be
supported by a fee of $0.45 per ton of fertilizer sold or
distributed in the state. This fee must be collected at the
same time and in the same manner as inspection fees collected
under subdivision 6 and deposited in the soil fertility and
fertilizer management account in the agricultural account, which
account is hereby created. Money in the account, including
interest earned on the account, is annually appropriated to the
commissioner for purposes of this subdivision under the
direction of the Fertilizer Research Council created in
paragraph (e).
new text end

new text begin (c) For purposes of this subdivision the term "person"
means an individual or the designated principal of a business
entity whether organized as a sole proprietorship, firm,
corporation, partnership, association, trust, stock company, or
otherwise.
new text end

new text begin (d) A person required to contribute to the soil fertility
and fertilizer management account may, by the use of forms
provided by the commissioner and submitted to the commissioner
not later than January 30, have the fees paid by the person to
the soil fertility and fertilizer management account in the
previous calendar year fully or partially refunded to the person.
new text end

new text begin (e) The Fertilizer Research Council must be created for
persons involved in the manufacture, distribution, sale, and
application of agricultural fertilizer on filing with the
commissioner a petition requesting creation of the council. The
petition must be signed by not fewer than 25 persons having a
direct interest in the agricultural fertilizer industry or
research related to the fertilizer industry, including the
University of Minnesota. At least two persons shall certify
under oath that the petition has been signed only by persons
involved in the agricultural fertilizer industry.
new text end

new text begin (f) Upon petition by the required number of persons, the
commissioner shall, after consultation with the various parties
petitioning for a referendum, determine the size of the
Fertilizer Research Council and the distribution of the council
membership. At least 20 percent of the membership positions on
the council must be filled by persons employed by the University
of Minnesota and involved in agricultural teaching or research.
new text end

new text begin (g) Within 30 days after the filing of the petition by the
required number of persons the commissioner shall appoint a
nominating committee of at least five persons who shall, within
60 days from the filing of the petition, nominate at least two
candidates for each council position and certify the names of
the candidates to the commissioner.
new text end

new text begin (h) Upon receipt of the nominations, the commissioner shall
promptly arrange an election to be held at places designated by
the commissioner reasonably convenient to all interested
persons. Ballots containing the names of the nominated
candidates for each position and providing for write-in
candidates must be made available at all polling places. Only
persons having a direct interest in the fertilizer industry,
including persons employed by the University of Minnesota, are
qualified to vote. General polling procedures must be
established by the commissioner. An impartial committee
appointed by the commissioner shall tabulate the votes and the
candidates receiving the most votes must be declared elected to
the first council.
new text end

new text begin (i) After the first Fertilizer Research Council is elected,
an election shall be held annually to elect members of the
council. The election shall be held in the same manner as
prescribed for the first council election except that the manner
of choosing nominating committee members, the time of
nominations, and the time and place of elections must be fixed
by the commissioner. Mail balloting may be permitted by the
commissioner.
new text end

new text begin (j) At the first meeting of the Fertilizer Research Council
the commissioner shall determine by lot one-third of the council
members whose terms expire June 30 in the calendar year
following the year of the first election, one-third of the
council members whose terms expire June 30 in the second
calendar year, and the remaining council members whose terms
expire June 30 in the third calendar year. All council members
elected in succeeding elections must serve three-year terms and
until their successors are elected and qualified. All terms
expire on June 30 of the last year of the term. If a council
member ceases to have any of the qualifications required for the
position, that office must be deemed vacant. A vacancy on the
council must be filled by the council for the remainder of the
term vacated.
new text end

new text begin (k) The commissioner shall serve as a member of the
Fertilizer Research Council without vote. The council shall
elect from its membership a chair, a vice chair, a secretary,
and other officers the council considers necessary. An
executive committee of no more than five members including the
officers may also be elected.
new text end

new text begin (l) The Fertilizer Research Council shall meet at times and
places as it may determine or upon call of the chair or of any
three members or one-third of the council, whichever is
greater. A majority of the voting members of a council
constitute a quorum for the transaction of all business in
carrying out the duties of the council.
new text end

new text begin (m) The Fertilizer Research Council or its executive
committee shall receive and review applications for research
projects described in paragraph (a) and determine which should
be funded from money in the soil fertility and fertilizer
management account. All research studies must be conducted
within the state. Not less than 50 percent of the money spent
on research grants each year must be awarded to the University
of Minnesota or the Minnesota Extension Service. The council or
its executive committee shall monitor funded projects.
new text end