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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 452-H.F.No. 2373 
                  An act relating to agriculture; modifying certain 
                  provisions relating to wheat and barley promotion 
                  orders and the payment and refund of checkoff fees; 
                  amending Minnesota Statutes 1992, sections 17.53, 
                  subdivisions 2, 8, and 13; and 17.63. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1992, section 17.53, 
        subdivision 2, is amended to read: 
           Subd. 2.  [AGRICULTURAL COMMODITY.] (a) Except as provided 
        in paragraph (b), "agricultural commodity" means any 
        agricultural product, including, without limitation, animals and 
        animal products, grown, raised, produced, or fed within the 
        state of Minnesota for use as food, feed, seed, or any 
        industrial or chemurgic purpose. 
           (b) For wheat and barley, "agricultural commodity" means 
        wheat and barley, including, without limitation, wheat and 
        barley grown or produced within or outside Minnesota, for use as 
        food, feed, seed, or any industrial or chemurgic purpose.  
           Sec. 2.  Minnesota Statutes 1992, section 17.53, 
        subdivision 8, is amended to read: 
           Subd. 8.  [FIRST PURCHASER.] (a) Except as provided in 
        paragraph (b), "first purchaser" means any person that buys 
        agricultural commodities for movement into commercial channels 
        from the producer; or any lienholder, secured party or pledgee, 
        public or private, or assignee of said lienholder, secured party 
        or pledgee, who gains title to the agricultural commodity from 
        the producer as the result of exercising any legal rights by the 
        lienholder, secured party, pledgee, or assignee thereof, 
        regardless of when the lien, security interest or pledge was 
        created and regardless of whether the first purchaser is 
        domiciled within the state or without.  "First purchaser" does 
        not mean the commodity credit corporation when a commodity is 
        used as collateral for a federal nonrecourse loan unless the 
        commissioner determines otherwise.  
           (b) For wheat and barley, "first purchaser" means a person 
        who buys, receives delivery of, or provides storage for the 
        agricultural commodity from a producer for movement into 
        commercial channels; or a lienholder, secured party, or pledgee, 
        who gains title to the agricultural commodity from the producers 
        as the result of exercising any legal rights by the lienholder, 
        secured party, pledgee, or assignee, regardless of when the 
        lien, security interest, or pledge was created and regardless of 
        whether or not the first purchaser is domiciled in the state.  
        "First purchaser" does not mean the commodity credit corporation 
        when the wheat or barley is used as collateral for a federal 
        nonrecourse loan unless the commissioner determines otherwise. 
           Sec. 3.  Minnesota Statutes 1992, section 17.53, 
        subdivision 13, is amended to read: 
           Subd. 13.  [PRODUCER.] (a) Except as provided in paragraph 
        (b), "producer" means any person who owns or operates an 
        agricultural producing or growing facility for an agricultural 
        commodity and shares in the profits and risk of loss from such 
        operation, and who grows, raises, feeds or produces the 
        agricultural commodity in Minnesota during the current or 
        preceding marketing year. 
           (b) For wheat and barley, "producer" means in addition to 
        the meaning in paragraph (a) and for the purpose of the payment 
        or the refund of the checkoff fee paid pursuant to sections 
        17.51 to 17.69 only, a person who delivers into, stores within, 
        or makes the first sale of the agricultural commodity in 
        Minnesota. 
           Sec. 4.  Minnesota Statutes 1992, 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 paddy 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 or barley 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 or barley, the producer of the wheat or barley is 
        exempt from payment of the checkoff fee.  The commissioner, in 
        consultation with the wheat research and promotion council and 
        barley 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. 
           Sec. 5.  [EFFECTIVE DATE.] 
           This act is effective the day following final enactment. 
           Presented to the governor April 14, 1994 
           Signed by the governor April 18, 1994, 3:05 p.m.