SF 1352

Introduction - 79th Legislature (1995 - 1996)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to agriculture; modifying powers and duties 
  1.3             of agricultural research and promotion councils; 
  1.4             amending Minnesota Statutes 1994, sections 17.57, by 
  1.5             adding a subdivision; and 17.63. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 17.57, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 8.  [TECHNOLOGICAL PRODUCTS AND SERVICES.] Each 
  1.10  council may by contract acquire and own technological products 
  1.11  and services and receive royalties, licensing fees, or 
  1.12  percentages of profits from those products or services. 
  1.13     Sec. 2.  Minnesota Statutes 1994, section 17.63, is amended 
  1.14  to read: 
  1.15     17.63 [REFUND OF FEES.] 
  1.16     (a) Any producer, except a producer of potatoes in area 
  1.17  number one, as listed in section 17.54, subdivision 9, a 
  1.18  producer of wheat or barley, or a producer of paddy wild rice, 
  1.19  may, by the use of forms to be provided by the commissioner and 
  1.20  upon presentation of such proof as the commissioner requires, 
  1.21  have the checkoff fee paid pursuant to sections 17.51 to 17.69 
  1.22  fully or partially refunded, provided the checkoff fee was 
  1.23  remitted on a timely basis.  A corn producer may not have the 
  1.24  checkoff fee paid pursuant to sections 17.51 to 17.69 fully 
  1.25  refunded and may receive a partial refund only pursuant to 
  2.1   paragraph (b).  The request for refund must be received in the 
  2.2   office of the commissioner within the time specified in the 
  2.3   promotion order following the payment of the checkoff fee.  In 
  2.4   no event shall these requests for refund be accepted more often 
  2.5   than 12 times per year.  Refund shall be made by the 
  2.6   commissioner and council within 30 days of the request for 
  2.7   refund provided that the checkoff fee sought to be refunded has 
  2.8   been received.  Rules governing the refund of checkoff fees for 
  2.9   all commodities shall be formulated by the commissioner, shall 
  2.10  be fully outlined in the promotion order, and shall be available 
  2.11  for the information of all producers concerned with the 
  2.12  referendum. 
  2.13     (b) The commissioner must allow partial refund requests 
  2.14  from corn producers who have checked off and must allow for 
  2.15  assignment of payment to the Minnesota corn growers association 
  2.16  if the Minnesota corn research and promotion council requests 
  2.17  such action by the commissioner.  
  2.18     (c) The Minnesota corn research and promotion council shall 
  2.19  not elect to impose membership on any individual producer not 
  2.20  requesting a partial refund or assignment of payment to the 
  2.21  association. 
  2.22     (d) For any wheat or barley for which the checkoff fee must 
  2.23  be paid pursuant to sections 17.51 to 17.69 and for which a 
  2.24  checkoff fee or fee that serves a comparable purpose in a 
  2.25  jurisdiction outside Minnesota had been previously paid for the 
  2.26  same wheat or barley, the producer of the wheat or barley is 
  2.27  exempt from payment of the checkoff fee.  The commissioner, in 
  2.28  consultation with the wheat research and promotion council and 
  2.29  barley research and promotion council, shall determine 
  2.30  jurisdictions outside of Minnesota which collect a checkoff fee 
  2.31  or fee that serves a comparable purpose.  In order to qualify 
  2.32  for the exemption, the producer must demonstrate to the first 
  2.33  purchaser that a checkoff fee or fee has been paid to such a 
  2.34  jurisdiction.