SF 825

as introduced - 90th Legislature (2017 - 2018) Posted on 02/23/2017 10:08am

A bill for an act
relating to agriculture; modifying provisions related to the Agricultural Utilization
Research Institute; amending Minnesota Statutes 2016, section 116V.01,
subdivisions 1, 2, 3, 4, 7, 10, 11, 13, 14.

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

Section 1.

Minnesota Statutes 2016, section 116V.01, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The Agricultural Utilization Research Institute is
established as a nonprofit corporation under section 501(c)(3) of the Internal Revenue Code
of 1986, as amended. The Agricultural Utilization Research Institute shall conduct onsite
and applied research, promote the establishment of new products and product uses and the
expansion of existing markets for the state's agricultural commodities and products, including
direct financial and technical assistance for Minnesota entrepreneurs. The institute must
establish or maintain facilities and work with private and public entities to leverage the
resources available to achieve maximum results for Minnesota agriculture.

Sec. 2.

Minnesota Statutes 2016, section 116V.01, subdivision 2, is amended to read:

Subd. 2.

Board of directors.

The board of directors of the Agricultural Utilization
Research Institute is comprised of:

(1) the chairs of the senate and the house of representatives standing committees with
jurisdiction over agriculture finance or the chair's designee;

(2) two representatives of statewide farm organizations;

(3) two representatives of agribusiness; and

(4) three representatives of the commodity promotion councils; and

(5) two at-large representatives.

Sec. 3.

Minnesota Statutes 2016, section 116V.01, subdivision 3, is amended to read:

Subd. 3.

Duties.

(a) The Agricultural Utilization Research Institute shall:

(1) identify development opportunities for agricultural products;

(2) implement a program that identifies techniques to meet those opportunities;

(3) monitor and coordinate research among the public and private organizations and
individuals specifically addressing procedures to transfer new technology to businesses,
farmers, and individuals;

(4) provide research grants to public and private educational institutions and other
organizations that are undertaking basic and applied research to promote the development
of emerging agricultural industries;

(5) assist organizations and individuals with market analysis and product marketing
implementations;

(6) (5) to the extent possible earn and receive revenue from contracts, patents, licenses,
royalties, grants, fees-for-service, and memberships;

(7) (6) work with the Department of Agriculture, the United States Department of
Agriculture, the Department of Employment and Economic Development, and other agencies
to maximize marketing opportunities locally, nationally, and internationally; and

(8) (7) leverage available funds from federal, state, and private sources to develop new
markets and value added opportunities for Minnesota agricultural products.

(b) The Agricultural Utilization Research Institute board of directors shall have the sole
approval authority for establishing agricultural utilization research priorities, requests for
proposals to meet those priorities, awarding of grants, hiring and direction of personnel,
and other expenditures of funds consistent with the adopted and approved mission and goals
of the Agricultural Utilization Research Institute. The actions and expenditures of the
Agricultural Utilization Research Institute are subject to audit. The institute shall annually
report by February 1 to the senate and house of representatives standing committees with
jurisdiction over agricultural policy and funding. The report must list projects initiated,
progress on projects, and financial information relating to expenditures, income from other
sources, and other information to allow the committees to evaluate the effectiveness of the
institute's activities.

(c) The Agricultural Utilization Research Institute shall convene a Renewable Energy
Roundtable, the purpose of which shall be to further the state's leadership on bioenergy
issues.

(i) The Renewable Energy Roundtable shall consist of one representative appointed by
the commissioner of the Minnesota Department of Agriculture, one appointed by the
commissioner of the Minnesota Department of Commerce, one appointed by the chancellor
of the Minnesota State Colleges and Universities, and one appointed by the president of the
University of Minnesota. The appointees must have expertise relevant to bioenergy.

(ii) The board shall oversee the activities and shall provide staff to assist the Renewable
Energy Roundtable.

(iii) The Renewable Energy Roundtable will engage professionals and experts from
private, government, academic, and nonprofit entities across the state to identify bioenergy
opportunities and collaborate with a broad group of interested parties to identify future
alternative courses of action the state can take to sustain a long-term competitive position
in renewable energy through the year 2025. The Renewable Energy Roundtable will consult,
advise, and review projects and initiatives funded by the state as directed by the
administration and the legislature.

Sec. 4.

Minnesota Statutes 2016, section 116V.01, subdivision 4, is amended to read:

Subd. 4.

Staff.

The board of directors shall hire staff an executive director for the
Agricultural Utilization Research Institute. Persons employed by the Agricultural Utilization
Research Institute are not state employees and may participate in state retirement, deferred
compensation, insurance, or other plans that apply to state employees generally and are
subject to regulation by the state Campaign Finance and Public Disclosure Board.

Sec. 5.

Minnesota Statutes 2016, section 116V.01, subdivision 7, is amended to read:

Subd. 7.

Bylaws.

The board of directors shall adopt bylaws necessary for the conduct
of the business of the institute consistent with this section. The corporation must publish
bylaws and amendments to the bylaws in the State Register on the board's Web site.

Sec. 6.

Minnesota Statutes 2016, section 116V.01, subdivision 10, is amended to read:

Subd. 10.

Meetings.

The board of directors shall meet at least twice each year and may
hold additional meetings upon giving notice in accordance with the bylaws of the institute.
Board meetings are subject to chapter 13D, except section 13D.01, subdivision 6, as it
pertains to financial information, business plans, income and expense projections, customer
lists, market and feasibility studies, and trade secret information as defined by section 13.37,
subdivision 1, paragraph (b). For the purposes of section 13D.015, the board of directors is
a state board.

Sec. 7.

Minnesota Statutes 2016, section 116V.01, subdivision 11, is amended to read:

Subd. 11.

Conflict of interest.

A director, employee, or officer of the institute may not
participate in advocate for or vote on a decision of the board relating to an organization in
which the director, employee, or officer has either a direct or indirect financial interest.

Sec. 8.

Minnesota Statutes 2016, section 116V.01, subdivision 13, is amended to read:

Subd. 13.

Funds.

The institute may accept and use gifts, grants, or contributions from
any source. Unless otherwise restricted by the terms of a gift or bequest, the board may sell,
exchange, or otherwise dispose of and invest or reinvest the money, securities, or other
property given or bequested to it. The principal of these funds, the income from them, and
all other revenues received by it from any nonstate source must be placed in the depositories
the board determines and is are subject to expenditure for the board's purposes. Receipts
and expenditures of more than $25,000 $50,000 must be approved by the full board.

Sec. 9.

Minnesota Statutes 2016, section 116V.01, subdivision 14, is amended to read:

Subd. 14.

Accounts; audits.

The institute may establish funds and accounts that it finds
convenient. The board shall provide for and pay the cost of an independent annual audit of
its official books and records by the legislative auditor subject to sections 3.971 and 3.972.
In addition, the board shall provide and pay for the cost of an annual financial audit of its
official books and records by an independent audit firm. A copy of this the annual financial
audit shall be filed with the secretary of state Office of the Attorney General, Charities
Division.

For purposes of this section, "institute" means the Agricultural Utilization Research
Institute established under this section and "board of directors" means the board of directors
of the Agricultural Utilization Research Institute.