HF 17

as introduced - 89th Legislature, 2015 1st Special Session (2015 - 2015) Posted on 06/11/2015 10:12pm

A bill for an act
relating to agriculture; appropriating money for avian influenza emergency
response activities; modifying disaster loan provisions; amending Minnesota
Statutes 2014, section 41B.047, subdivisions 1, as amended, 3, as amended.

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

Section 1.

Minnesota Statutes 2014, section 41B.047, subdivision 1, as amended by
Laws 2015, chapter 44, section 27, is amended to read:

Subdivision 1.

Establishment.

The authority shall establish and implement a
disaster recovery loan program to help farmers:

(1) clean up, repair, or replace farm structures and septic and water systems, as well
as replace seed, other crop inputs, feed, and livestock, when damaged by high winds,
hail, tornado, or flood;

(2) purchase watering systems, irrigation systems, and other drought mitigation
systems and practices when drought is the cause of the purchase;

(3) restore farmland; or

(4) replace flocks, make building improvements, or deleted text begin obtain an operating line of credit
if the loss or damage deleted text end new text begin cover the loss of revenue when the replacement, improvements, or
loss of revenue new text end is due to the confirmed presence of new text begin the new text end highly pathogenic avian influenza
in a commercial poultry new text begin or game new text end flock new text begin located new text end in Minnesota.

Sec. 2.

Minnesota Statutes 2014, section 41B.047, subdivision 3, as amended by Laws
2015, chapter 44, section 28, is amended to read:

Subd. 3.

Eligibility.

To be eligible for this program, a borrower must:

(1) meet the requirements of section 41B.03, subdivision 1;

(2) certify that the damage or loss was new text begin (i) new text end sustained within a county that was the
subject of deleted text begin (i) deleted text end a state or federal disaster declaration or (ii) deleted text begin a peacetime emergency declaration
made by the governor under section 12.31 deleted text end new text begin due to the confirmed presence of the highly
pathogenic avian influenza in a commercial poultry or game flock located in Minnesota new text end ;

(3) demonstrate an ability to repay the loan; new text begin and
new text end

deleted text begin (4) for loans under subdivision 1, clauses (1) to (3), have a total net worth, including
assets and liabilities of the borrower's spouse and dependents, of less than $660,000 in
2004 and an amount in subsequent years which is adjusted for inflation by multiplying that
amount by the cumulative inflation rate as determined by the Consumer Price Index; and
deleted text end

deleted text begin (5) deleted text end new text begin (4) new text end have received at least 50 percent of average annual gross income from
farming for the past three years.

Sec. 3. new text begin AVIAN INFLUENZA RESPONSE ACTIVITIES; APPROPRIATIONS
AND TRANSFERS.
new text end

new text begin (a) $3,619,000 is appropriated from the general fund in fiscal year 2016 to the
commissioner of agriculture for avian influenza emergency response activities. The
commissioner may use money appropriated under this paragraph to purchase necessary
euthanasia and composting equipment and to reimburse costs incurred by local units of
government directly related to avian influenza emergency response activities that are not
eligible for federal reimbursement. This appropriation is available the day following final
enactment until June 30, 2017.
new text end

new text begin (b) $1,853,000 is appropriated from the general fund in fiscal year 2016 to the
Board of Animal Health for avian influenza emergency response activities. The Board
may use money appropriated under this paragraph to purchase necessary euthanasia and
composting equipment. This appropriation is available the day following final enactment
until June 30, 2017.
new text end

new text begin (c) $103,000 is appropriated from the general fund in fiscal year 2016 to the
commissioner of health for avian influenza emergency response activities. This
appropriation is available the day following final enactment until June 30, 2017.
new text end

new text begin (d) $350,000 is appropriated from the general fund in fiscal year 2016 to the
commissioner of natural resources for sampling wild animals to detect and monitor the
avian influenza virus. This appropriation may also be used to conduct serology sampling,
in consultation with the Board of Animal Health and the University of Minnesota Pomeroy
Chair in Avian Health, from birds within a control zone and outside of a control zone.
This appropriation is available the day following final enactment until June 30, 2017.
new text end

new text begin (e) $544,000 is appropriated from the general fund in fiscal year 2016 to the
commissioner of public safety to operate the State Emergency Operation Center in
coordination with the statewide avian influenza response activities. Appropriations
under this paragraph may also be used to support a staff person at the state's agricultural
incident command post in Willmar. This appropriation is available the day following final
enactment until June 30, 2017.
new text end

new text begin (f) $1,000,000 in fiscal year 2016 and $1,000,000 in fiscal year 2017 are appropriated
from the general fund to the Board of Regents of the University of Minnesota for research
to determine:
new text end

new text begin (1) what is causing avian influenza;
new text end

new text begin (2) why some fowl are more susceptible; and
new text end

new text begin (3) prevention measures that can be taken.
new text end

new text begin (g) The commissioner of management and budget may transfer unexpended balances
from the appropriations in this section to any state agency for operating expenses related
to avian influenza emergency response activities. The commissioner of management and
budget must report each transfer to the chairs and ranking minority members of the senate
Committee on Finance and the house of representatives Committee on Ways and Means.
new text end

new text begin (h) In addition to the transfers required under Laws 2015, chapter 65, article 1,
section 17, no later than September 30, 2015, the commissioner of management and
budget must transfer $4,400,000 from the fiscal year 2015 closing balance in the general
fund to the disaster assistance contingency account in Minnesota Statutes, section 12.221,
subdivision 6. This amount is available for avian influenza emergency response activities
as provided in Laws 2015, chapter 65, article 1, section 18.
new text end

Sec. 4. new text begin RURAL FINANCE AUTHORITY; APPROPRIATION.
new text end

new text begin $10,000,000 is appropriated in fiscal year 2016 from the general fund to the
commissioner of agriculture for transfer to the rural finance authority revolving loan
account under Minnesota Statutes, section 41B.06, for the purposes of disaster recovery
loans under Minnesota Statutes, section 41B.047. This appropriation is available the day
following final enactment until June 30, 2017.
new text end

Sec. 5. new text begin AVIAN INFLUENZA; FEDERAL FUNDS APPROPRIATION AND
REPORTING.
new text end

new text begin All federal money received in fiscal years 2015 through 2017 by the Board of Animal
Health or the commissioner of agriculture, health, natural resources, or public safety to
address avian influenza is appropriated in the fiscal year when it is received. Before
spending federal funds appropriated in this section, the commissioner of management and
budget shall report the anticipated federal funds appropriated under this section and their
intended purpose to the Legislative Advisory Commission, consistent with the urgent
federal funds request procedure under Minnesota Statutes, section 3.3005, subdivision
4. By January 15, 2018, the commissioner of management and budget shall report the
actual federal funds received and appropriated under this section and their actual use
to the Legislative Advisory Commission.
new text end

Sec. 6. new text begin APPROPRIATIONS GIVEN EFFECT ONCE.
new text end

new text begin If an appropriation in this act is enacted in more than one act, the appropriation
is to be given effect only once.
new text end

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end