Bill Text: MN HF3280 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Agricultural commodity council related provisions modified, ineligibility determined for council member positions, information required to be posted on a council's website, and fines authorized.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-24 - Introduction and first reading, referred to Agriculture Policy [HF3280 Detail]
Download: Minnesota-2013-HF3280-Introduced.html
1.2relating to agriculture; modifying provisions related to the agricultural
1.3commodity councils; determining ineligibility for council member positions;
1.4requiring certain information to be posted on a council's Web site; authorizing
1.5certain fines;amending Minnesota Statutes 2012, sections 17.54, subdivision 11,
1.6by adding a subdivision; 17.57, by adding a subdivision; 17.58, subdivision 1, by
1.7adding a subdivision; 17.59, subdivision 4; 17.63.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 17.54, is amended by adding a subdivision
1.10to read:
1.11 Subd. 4a. Ineligible candidates. (a) The commissioner shall determine whether an
1.12individual is ineligible to be a candidate for a council member position.
1.13(b) An individual is ineligible to be a candidate for a council member position if
1.14the individual:
1.15(1) is employed by a commodity growers association with which the council has a
1.16service contract or had a service contract in the fiscal year prior to the election;
1.17(2) was employed in the previous calendar year by a commodity growers association
1.18with which the council has a service contract or had a service contract during the fiscal
1.19year prior to the election;
1.20(3) is currently serving on the board of directors of a commodity growers association
1.21with which the council has a service contract or had a service contract during the fiscal
1.22year prior to the election; or
1.23(4) served in the previous calendar year on the board of directors of a commodity
1.24growers association with which the council has a service contract or had a service contract
1.25during the fiscal year prior to the election.
2.1(c) For purposes of paragraph (b), council means the council for which the candidate
2.2is nominated.
2.3(d) The commissioner shall not place ineligible candidates on the ballot for council
2.4member positions.
2.5 Sec. 2. Minnesota Statutes 2012, section 17.54, subdivision 11, is amended to read:
2.6 Subd. 11. Membership and terms; area potato councils. Notwithstanding
2.7subdivisions 3, 4, and 5, any area potato council which continues in existence pursuant to
2.8subdivision 10 shall includeone voting member who is a private processor of potatoes
2.9and one voting member who represents potato wash plants. These two members This
2.10member shall be appointed by the governor for four-year terms coterminous with that of
2.11the governor.
2.12 Sec. 3. Minnesota Statutes 2012, section 17.57, is amended by adding a subdivision to
2.13read:
2.14 Subd. 8. Information on Web site. Each council shall post the following
2.15information on the council's Web site:
2.16(1) annuals reports, financial statements, and the council's current promotional order;
2.17(2) contact information for each council member and each council employee;
2.18(3) election information for the election of council members;
2.19(4) information on council meetings including, but not limited to, the location of
2.20a council meeting, the date and time of a council meeting, and the agenda of a council
2.21meeting; and
2.22(5) minutes from previous council meetings.
2.23 Sec. 4. Minnesota Statutes 2012, section 17.58, subdivision 1, is amended to read:
2.24 Subdivision 1. Contracts. (a) A council, with the approval of the commissioner,
2.25may shall not contract and cooperate with any person, firm, corporation or association, or
2.26with any local, state, federal or international agency or institution, for market development,
2.27education, publicity, promotion, research, transportation and advertising within the
2.28purposes of sections17.51 to
17.69 without the written approval of the commissioner.
2.29(b) If the commissioner determines that a council is in violation of paragraph (a), the
2.30commissioner may impose a fine on the council in an amount not to exceed ....... percent
2.31of the total revenue collected during the council's previous fiscal year from the checkoff
2.32fees. Any fine collected under this paragraph shall be deposited in the general fund.
3.1 Sec. 5. Minnesota Statutes 2012, section 17.58, is amended by adding a subdivision to
3.2read:
3.3 Subd. 1a. Cooperation. A council, with the approval of the commissioner,
3.4may cooperate with any person, firm, corporation or association, or with any local,
3.5state, federal or international agency or institution, for market development, education,
3.6publicity, promotion, research, transportation, and advertising within the purposes of
3.7sections 17.51 to 17.69.
3.8 Sec. 6. Minnesota Statutes 2012, section 17.59, subdivision 4, is amended to read:
3.9 Subd. 4. Deposit and use of checkoff fees. (a) Checkoff fees collected pursuant to
3.10sections17.51 to
17.69 shall be deposited in a federally insured depository institution and
3.11shall be disbursed by the officers and employees approved by the council for the necessary
3.12expenses incurred in the administration of sections17.51 to
17.69 .
3.13(b) Checkoff fees collected shall be used exclusively for the purpose collected and
3.14not to support or oppose a political party or a candidate for nomination or election to a
3.15public office.
3.16(c) No portion of the checkoff fee shall be used, directly or indirectly, to influence
3.17legislation or any regulatory proceeding.
3.18 Sec. 7. Minnesota Statutes 2012, section 17.63, is amended to read:
3.1917.63 REFUND OF FEES.
3.20(a) Any producer, except a producer of potatoes in area number one, as listed in
3.21section17.54, subdivision 9 , a producer of wheat or barley, or a producer of cultivated
3.22wild rice, may, by the use of forms to be provided by the commissioner and upon
3.23presentation of such proof as the commissioner requires, have the checkoff fee paid
3.24pursuant to sections17.51 to
17.69 fully or partially refunded, provided the checkoff fee
3.25was remitted on a timely basis. The request for refund must be received in the office of
3.26the commissioner within the time specified in the promotion order following the payment
3.27of the checkoff fee. In no event shall these requests for refund be accepted more often
3.28than 12 times per year. Refund shall be made by the commissioner and council within 30
3.29days of the request for refund provided that the checkoff fee sought to be refunded has
3.30been received. Rules governing the refund of checkoff fees for all commodities shall be
3.31formulated by the commissioner, shall be fully outlined in the promotion order, and shall
3.32be available for the information of all producers concerned with the referendum.
3.33(b) The commissioner must allow partial refund requests from corn producers who
3.34have checked off and must allow for assignment of payment to the Minnesota Corn
4.1Growers Association if the Minnesota Corn Research and Promotion Council requests
4.2such action by the commissioner.
4.3(c) The Minnesota Corn Research and Promotion Council shall not elect to impose
4.4membership on any individual producer not requesting a partial refund or assignment of
4.5payment to the association.
4.6(d) For any wheat, barley, or cultivated wild rice for which the checkoff fee must be
4.7paid pursuant to sections17.51 to
17.69 and for which a checkoff fee or fee that serves a
4.8comparable purpose in a jurisdiction outside Minnesota had been previously paid for the
4.9same wheat, barley, or cultivated wild rice, the producer of the wheat, barley, or cultivated
4.10wild rice is exempt from payment of the checkoff fee. The commissioner, in consultation
4.11with the Wheat Research and Promotion Council, Barley Research and Promotion
4.12Council, and Cultivated Wild Rice Research and Promotion Council, shall determine
4.13jurisdictions outside of Minnesota which collect a checkoff fee or fee that serves a
4.14comparable purpose. In order to qualify for the exemption, the producer must demonstrate
4.15to the first purchaser that a checkoff fee or fee has been paid to such a jurisdiction.
4.16(e) The Canola Council promotional order adopted April 2, 1996, and last revised
4.17August 18, 2011, shall be amended to allow checkoff fee refunds.
1.3commodity councils; determining ineligibility for council member positions;
1.4requiring certain information to be posted on a council's Web site; authorizing
1.5certain fines;amending Minnesota Statutes 2012, sections 17.54, subdivision 11,
1.6by adding a subdivision; 17.57, by adding a subdivision; 17.58, subdivision 1, by
1.7adding a subdivision; 17.59, subdivision 4; 17.63.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 17.54, is amended by adding a subdivision
1.10to read:
1.11 Subd. 4a. Ineligible candidates. (a) The commissioner shall determine whether an
1.12individual is ineligible to be a candidate for a council member position.
1.13(b) An individual is ineligible to be a candidate for a council member position if
1.14the individual:
1.15(1) is employed by a commodity growers association with which the council has a
1.16service contract or had a service contract in the fiscal year prior to the election;
1.17(2) was employed in the previous calendar year by a commodity growers association
1.18with which the council has a service contract or had a service contract during the fiscal
1.19year prior to the election;
1.20(3) is currently serving on the board of directors of a commodity growers association
1.21with which the council has a service contract or had a service contract during the fiscal
1.22year prior to the election; or
1.23(4) served in the previous calendar year on the board of directors of a commodity
1.24growers association with which the council has a service contract or had a service contract
1.25during the fiscal year prior to the election.
2.1(c) For purposes of paragraph (b), council means the council for which the candidate
2.2is nominated.
2.3(d) The commissioner shall not place ineligible candidates on the ballot for council
2.4member positions.
2.5 Sec. 2. Minnesota Statutes 2012, section 17.54, subdivision 11, is amended to read:
2.6 Subd. 11. Membership and terms; area potato councils. Notwithstanding
2.7subdivisions 3, 4, and 5, any area potato council which continues in existence pursuant to
2.8subdivision 10 shall include
2.9
2.10member shall be appointed by the governor for four-year terms coterminous with that of
2.11the governor.
2.12 Sec. 3. Minnesota Statutes 2012, section 17.57, is amended by adding a subdivision to
2.13read:
2.14 Subd. 8. Information on Web site. Each council shall post the following
2.15information on the council's Web site:
2.16(1) annuals reports, financial statements, and the council's current promotional order;
2.17(2) contact information for each council member and each council employee;
2.18(3) election information for the election of council members;
2.19(4) information on council meetings including, but not limited to, the location of
2.20a council meeting, the date and time of a council meeting, and the agenda of a council
2.21meeting; and
2.22(5) minutes from previous council meetings.
2.23 Sec. 4. Minnesota Statutes 2012, section 17.58, subdivision 1, is amended to read:
2.24 Subdivision 1. Contracts. (a) A council
2.25
2.26with any local, state, federal or international agency or institution, for market development,
2.27education, publicity, promotion, research, transportation and advertising within the
2.28purposes of sections
2.29(b) If the commissioner determines that a council is in violation of paragraph (a), the
2.30commissioner may impose a fine on the council in an amount not to exceed ....... percent
2.31of the total revenue collected during the council's previous fiscal year from the checkoff
2.32fees. Any fine collected under this paragraph shall be deposited in the general fund.
3.1 Sec. 5. Minnesota Statutes 2012, section 17.58, is amended by adding a subdivision to
3.2read:
3.3 Subd. 1a. Cooperation. A council, with the approval of the commissioner,
3.4may cooperate with any person, firm, corporation or association, or with any local,
3.5state, federal or international agency or institution, for market development, education,
3.6publicity, promotion, research, transportation, and advertising within the purposes of
3.7sections 17.51 to 17.69.
3.8 Sec. 6. Minnesota Statutes 2012, section 17.59, subdivision 4, is amended to read:
3.9 Subd. 4. Deposit and use of checkoff fees. (a) Checkoff fees collected pursuant to
3.10sections
3.11shall be disbursed by the officers and employees approved by the council for the necessary
3.12expenses incurred in the administration of sections
3.13(b) Checkoff fees collected shall be used exclusively for the purpose collected and
3.14not to support or oppose a political party or a candidate for nomination or election to a
3.15public office.
3.16(c) No portion of the checkoff fee shall be used, directly or indirectly, to influence
3.17legislation or any regulatory proceeding.
3.18 Sec. 7. Minnesota Statutes 2012, section 17.63, is amended to read:
3.1917.63 REFUND OF FEES.
3.20(a) Any producer, except a producer of potatoes in area number one, as listed in
3.21section
3.22wild rice, may, by the use of forms to be provided by the commissioner and upon
3.23presentation of such proof as the commissioner requires, have the checkoff fee paid
3.24pursuant to sections
3.25was remitted on a timely basis. The request for refund must be received in the office of
3.26the commissioner within the time specified in the promotion order following the payment
3.27of the checkoff fee. In no event shall these requests for refund be accepted more often
3.28than 12 times per year. Refund shall be made by the commissioner and council within 30
3.29days of the request for refund provided that the checkoff fee sought to be refunded has
3.30been received. Rules governing the refund of checkoff fees for all commodities shall be
3.31formulated by the commissioner, shall be fully outlined in the promotion order, and shall
3.32be available for the information of all producers concerned with the referendum.
3.33(b) The commissioner must allow partial refund requests from corn producers who
3.34have checked off and must allow for assignment of payment to the Minnesota Corn
4.1Growers Association if the Minnesota Corn Research and Promotion Council requests
4.2such action by the commissioner.
4.3(c) The Minnesota Corn Research and Promotion Council shall not elect to impose
4.4membership on any individual producer not requesting a partial refund or assignment of
4.5payment to the association.
4.6(d) For any wheat, barley, or cultivated wild rice for which the checkoff fee must be
4.7paid pursuant to sections
4.8comparable purpose in a jurisdiction outside Minnesota had been previously paid for the
4.9same wheat, barley, or cultivated wild rice, the producer of the wheat, barley, or cultivated
4.10wild rice is exempt from payment of the checkoff fee. The commissioner, in consultation
4.11with the Wheat Research and Promotion Council, Barley Research and Promotion
4.12Council, and Cultivated Wild Rice Research and Promotion Council, shall determine
4.13jurisdictions outside of Minnesota which collect a checkoff fee or fee that serves a
4.14comparable purpose. In order to qualify for the exemption, the producer must demonstrate
4.15to the first purchaser that a checkoff fee or fee has been paid to such a jurisdiction.
4.16(e) The Canola Council promotional order adopted April 2, 1996, and last revised
4.17August 18, 2011, shall be amended to allow checkoff fee refunds.
