HF 794

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; establishing a rural 
  1.3             revitalization board and an office of commissioner of 
  1.4             rural revitalization; establishing and designating 
  1.5             funding for the rural revitalization fund; 
  1.6             appropriating money; proposing coding for new law as 
  1.7             Minnesota Statutes, chapter 17C.  
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [17C.01] [DEFINITIONS.] 
  1.10     Subdivision 1.  [SCOPE.] The definitions in this section 
  1.11  apply to sections 17C.01 to 17C.04. 
  1.12     Subd. 2.  [AGRICULTURALLY RELATED PATENT ROYALTIES.] 
  1.13  "Agriculturally related patent royalties" means payment made by 
  1.14  a third party for use of a product, service, process, or other 
  1.15  thing of value related to agricultural production or marketing 
  1.16  for which the University of Minnesota holds a recognized patent 
  1.17  or title. 
  1.18     Subd. 3.  [COMMISSIONER.] "Commissioner" means the 
  1.19  commissioner of rural revitalization. 
  1.20     Subd. 4.  [RURAL REVITALIZATION BOARD; BOARD.] "Rural 
  1.21  revitalization board" or "board" means the rural revitalization 
  1.22  board established under section 3. 
  1.23     Subd. 5.  [RURAL REVITALIZATION ACCOUNT.] "Rural 
  1.24  revitalization account" means the rural revitalization account 
  1.25  established in section 4. 
  1.26     Sec. 2.  [17C.02] [COMMISSIONER OF RURAL REVITALIZATION.] 
  2.1      Subdivision 1.  [APPOINTMENT.] (a) The governor shall 
  2.2   appoint the commissioner of rural revitalization under section 
  2.3   15.06. 
  2.4      (b) The commissioner may hold other positions or 
  2.5   appointments that are not incompatible with duties as 
  2.6   commissioner of rural revitalization.  The commissioner may 
  2.7   appoint a deputy commissioner. 
  2.8      Subd. 2.  [RURAL REVITALIZATION PROJECTS.] In consultation 
  2.9   with the board, the University of Minnesota, the commissioner of 
  2.10  agriculture, agriculture-related industries, and other 
  2.11  appropriate parties, the commissioner shall initiate projects 
  2.12  designed to result in the economic development of rural 
  2.13  agricultural communities of the state. 
  2.14     Subd. 3.  [PROPERTY.] The commissioner may acquire real and 
  2.15  personal property or property interests by gift, purchase, or 
  2.16  lease.  The commissioner may purchase insurance to protect any 
  2.17  property from loss, damage by fire, or other casualty, or to 
  2.18  protect the commissioner from any liability the commissioner may 
  2.19  incur by reason of ownership of the property, or both.  If after 
  2.20  property is acquired it is necessary in the judgment of the 
  2.21  commissioner to acquire a right-of-way for access to projects 
  2.22  operated on property acquired, by gift, purchase, or lease, the 
  2.23  right-of-way may be acquired by condemnation in the manner 
  2.24  provided by law. 
  2.25     Subd. 4.  [GRANTS AND CONVEYANCES.] If property has been 
  2.26  granted and conveyed to the state of Minnesota in accordance 
  2.27  with an agreement made by the commissioner of rural 
  2.28  revitalization and the commissioner of administration for proper 
  2.29  purposes, the grants and conveyances or leases are accepted in 
  2.30  accordance with their terms and conditions. 
  2.31     Subd. 5.  [LEASING PROPERTY.] In order to administer this 
  2.32  chapter, the commissioner of rural revitalization and the 
  2.33  commissioner of administration may lease any property acquired 
  2.34  hereunder for a term not to exceed 20 years upon such terms as 
  2.35  they may determine, provided that the property must not be 
  2.36  leased to a person in a manner that constitutes a direct 
  3.1   contribution of working capital to a business enterprise.  The 
  3.2   lease may provide that in the event the property is ever sold by 
  3.3   the state to the lessee, the lessee may obtain a credit on the 
  3.4   purchase price covering the rentals paid under the lease or any 
  3.5   lease renewals and that the real estate can be conveyed by the 
  3.6   commissioner of rural revitalization and the commissioner of 
  3.7   administration who are hereby authorized to make the conveyances.
  3.8      Sec. 3.  [17C.03] [RURAL REVITALIZATION BOARD.] 
  3.9      Subdivision 1.  [CREATION; MEMBERSHIP; TERMS.] There is a 
  3.10  rural revitalization board, consisting of 13 members, three of 
  3.11  whom are state senators appointed by the subcommittee on 
  3.12  committees of the rules committee of the senate, and three of 
  3.13  whom are representatives, appointed by the speaker of the house 
  3.14  of representatives.  The remaining members must be appointed by 
  3.15  the governor and must be nonlegislators who reside outside 
  3.16  metropolitan counties listed in section 473.121, subdivision 4.  
  3.17  The members must be appointed in January of every odd-numbered 
  3.18  year and must serve until January of the next odd-numbered 
  3.19  year.  Vacancies on the board must be filled in the same manner 
  3.20  as the original members were chosen.  At least a majority of the 
  3.21  legislative members of the board must be elected from state 
  3.22  senatorial or legislative districts in which over 40 percent of 
  3.23  the residents are rural as determined by the most recent 
  3.24  decennial census. 
  3.25     Subd. 2.  [DUTIES.] (a) All expenditures and projects made 
  3.26  by the commissioner of rural revitalization must first be 
  3.27  submitted to the rural revitalization board for approval by a 
  3.28  majority of the board. 
  3.29     (b) The board shall make a report to the governor and the 
  3.30  legislature on or before November 15 of each even-numbered year. 
  3.31     Subd. 3.  [PRIVATE ENTITY PARTICIPATION.] The board may 
  3.32  acquire an equity interest in any project for which it provides 
  3.33  funding.  The commissioner may establish, participate in the 
  3.34  management of, and dispose of the assets of charitable 
  3.35  foundations and nonprofit corporations associated with any 
  3.36  project for which it provides funding, including specifically, 
  4.1   but without limitation, a corporation within the meaning of 
  4.2   section 317A.011, subdivision 6. 
  4.3      Sec. 4.  [17C.04] [RURAL REVITALIZATION ACCOUNT.] 
  4.4      Subdivision 1.  [CREATION.] There is created in the special 
  4.5   revenue fund of the state treasury a rural revitalization 
  4.6   account.  Money credited to the rural revitalization account 
  4.7   must be invested pursuant to law.  Interest and dividends from 
  4.8   the investments must be credited to the account.  Money in the 
  4.9   account is appropriated to the commissioner for purposes of this 
  4.10  chapter. 
  4.11     Subd. 2.  [ROYALTIES TO BE DEPOSITED; CREDITED.] (a) The 
  4.12  University of Minnesota shall, within 15 days after the end of 
  4.13  each month, provide to the commissioner of revenue 75 percent of 
  4.14  the agriculturally related patent royalties received by the 
  4.15  university in the previous month. 
  4.16     (b) The commissioner of revenue shall credit agriculturally 
  4.17  related patent royalties to the rural revitalization account 
  4.18  created under subdivision 1.