Minnesota Legislature
HF 3280
as introduced - 88th Legislature (2013 - 2014) Posted on 03/24/2014 12:40pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/24/2014 |
Current Version - as introduced
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A bill for an act
relating to agriculture; modifying provisions related to the agricultural
commodity councils; determining ineligibility for council member positions;
requiring certain information to be posted on a council's Web site; authorizing
certain fines; amending Minnesota Statutes 2012, sections 17.54, subdivision 11,
by adding a subdivision; 17.57, by adding a subdivision; 17.58, subdivision 1, by
adding a subdivision; 17.59, subdivision 4; 17.63.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 17.54, is amended by adding a subdivision
to read:
new text begin Subd. 4a. new text end
new text begin Ineligible candidates. new text end
new text begin
(a) The commissioner shall determine whether an
individual is ineligible to be a candidate for a council member position.
new text end
new text begin
(b) An individual is ineligible to be a candidate for a council member position if
the individual:
new text end
new text begin
(1) is employed by a commodity growers association with which the council has a
service contract or had a service contract in the fiscal year prior to the election;
new text end
new text begin
(2) was employed in the previous calendar year by a commodity growers association
with which the council has a service contract or had a service contract during the fiscal
year prior to the election;
new text end
new text begin
(3) is currently serving on the board of directors of a commodity growers association
with which the council has a service contract or had a service contract during the fiscal
year prior to the election; or
new text end
new text begin
(4) served in the previous calendar year on the board of directors of a commodity
growers association with which the council has a service contract or had a service contract
during the fiscal year prior to the election.
new text end
new text begin
(c) For purposes of paragraph (b), council means the council for which the candidate
is nominated.
new text end
new text begin
(d) The commissioner shall not place ineligible candidates on the ballot for council
member positions.
new text end
Sec. 2.
Minnesota Statutes 2012, section 17.54, subdivision 11, is amended to read:
Subd. 11.
Membership and terms; area potato councils.
Notwithstanding
subdivisions 3, 4, and 5, any area potato council which continues in existence pursuant to
subdivision 10 shall include deleted text begin one voting member who is a private processor of potatoes
anddeleted text end one voting member who represents potato wash plants. deleted text begin These two membersdeleted text end new text begin This
member new text end shall be appointed by the governor for four-year terms coterminous with that of
the governor.
Sec. 3.
Minnesota Statutes 2012, section 17.57, is amended by adding a subdivision to
read:
new text begin Subd. 8. new text end
new text begin Information on Web site. new text end
new text begin
Each council shall post the following
information on the council's Web site:
new text end
new text begin
(1) annuals reports, financial statements, and the council's current promotional order;
new text end
new text begin
(2) contact information for each council member and each council employee;
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new text begin
(3) election information for the election of council members;
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new text begin
(4) information on council meetings including, but not limited to, the location of
a council meeting, the date and time of a council meeting, and the agenda of a council
meeting; and
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new text begin
(5) minutes from previous council meetings.
new text end
Sec. 4.
Minnesota Statutes 2012, section 17.58, subdivision 1, is amended to read:
Subdivision 1.
Contracts.
new text begin (a) new text end A councildeleted text begin , with the approval of the commissioner,
maydeleted text end new text begin shall notnew text end contract deleted text begin and cooperatedeleted text end with any person, firm, corporation or association, or
with any local, state, federal or international agency or institution, for market development,
education, publicity, promotion, research, transportation and advertising within the
purposes of sections 17.51 to 17.69new text begin without the written approval of the commissionernew text end .
new text begin
(b) If the commissioner determines that a council is in violation of paragraph (a), the
commissioner may impose a fine on the council in an amount not to exceed ....... percent
of the total revenue collected during the council's previous fiscal year from the checkoff
fees. Any fine collected under this paragraph shall be deposited in the general fund.
new text end
Sec. 5.
Minnesota Statutes 2012, section 17.58, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Cooperation. new text end
new text begin
A council, with the approval of the commissioner,
may cooperate with any person, firm, corporation or association, or with any local,
state, federal or international agency or institution, for market development, education,
publicity, promotion, research, transportation, and advertising within the purposes of
sections 17.51 to 17.69.
new text end
Sec. 6.
Minnesota Statutes 2012, section 17.59, subdivision 4, is amended to read:
Subd. 4.
Deposit and use of checkoff fees.
new text begin (a) new text end Checkoff fees collected pursuant to
sections 17.51 to 17.69 shall be deposited in a federally insured depository institution and
shall be disbursed by the officers and employees approved by the council for the necessary
expenses incurred in the administration of sections 17.51 to 17.69.
new text begin (b) new text end Checkoff fees collected shall be used exclusively for the purpose collected and
not to support or oppose a political party or a candidate for nomination or election to a
public office.
new text begin
(c) No portion of the checkoff fee shall be used, directly or indirectly, to influence
legislation or any regulatory proceeding.
new text end
Sec. 7.
Minnesota Statutes 2012, section 17.63, is amended to read:
17.63 REFUND OF FEES.
(a) Any producer, except a producer of potatoes in area number one, as listed in
section 17.54, subdivision 9, a producer of wheat or barley, or a producer of cultivated
wild rice, may, by the use of forms to be provided by the commissioner and upon
presentation of such proof as the commissioner requires, have the checkoff fee paid
pursuant to sections 17.51 to 17.69 fully or partially refunded, provided the checkoff fee
was remitted on a timely basis. The request for refund must be received in the office of
the commissioner within the time specified in the promotion order following the payment
of the checkoff fee. In no event shall these requests for refund be accepted more often
than 12 times per year. Refund shall be made by the commissioner and council within 30
days of the request for refund provided that the checkoff fee sought to be refunded has
been received. Rules governing the refund of checkoff fees for all commodities shall be
formulated by the commissioner, shall be fully outlined in the promotion order, and shall
be available for the information of all producers concerned with the referendum.
(b) The commissioner must allow partial refund requests from corn producers who
have checked off and must allow for assignment of payment to the Minnesota Corn
Growers Association if the Minnesota Corn Research and Promotion Council requests
such action by the commissioner.
(c) The Minnesota Corn Research and Promotion Council shall not elect to impose
membership on any individual producer not requesting a partial refund or assignment of
payment to the association.
(d) For any wheat, barley, or cultivated wild rice for which the checkoff fee must be
paid pursuant to sections 17.51 to 17.69 and for which a checkoff fee or fee that serves a
comparable purpose in a jurisdiction outside Minnesota had been previously paid for the
same wheat, barley, or cultivated wild rice, the producer of the wheat, barley, or cultivated
wild rice is exempt from payment of the checkoff fee. The commissioner, in consultation
with the Wheat Research and Promotion Council, Barley Research and Promotion
Council, and Cultivated Wild Rice Research and Promotion Council, shall determine
jurisdictions outside of Minnesota which collect a checkoff fee or fee that serves a
comparable purpose. In order to qualify for the exemption, the producer must demonstrate
to the first purchaser that a checkoff fee or fee has been paid to such a jurisdiction.
new text begin
(e) The Canola Council promotional order adopted April 2, 1996, and last revised
August 18, 2011, shall be amended to allow checkoff fee refunds.
new text end