1.1                          A bill for an act
  1.2             relating to agriculture; providing additional options 
  1.3             in the refund of commodity checkoff fees; amending 
  1.4             Minnesota Statutes 1998, section 17.63. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1998, section 17.63, is 
  1.7   amended to read: 
  1.8      17.63 [REFUND OF FEES.] 
  1.9      (a) Any producer, except a producer of potatoes in area 
  1.10  number one, as listed in section 17.54, subdivision 9, a 
  1.11  producer of wheat or barley, or a producer of paddy wild rice, 
  1.12  may, by the use of forms to be provided by the commissioner and 
  1.13  upon presentation of such proof as the commissioner requires, 
  1.14  have the checkoff fee paid pursuant to sections 17.51 to 17.69 
  1.15  fully or partially refunded, provided the checkoff fee was 
  1.16  remitted on a timely basis.  The request for refund must be 
  1.17  received in the office of the commissioner within the time 
  1.18  specified in the promotion order following the payment of the 
  1.19  checkoff fee.  In no event shall these requests for refund be 
  1.20  accepted more often than 12 times per year.  Refund shall be 
  1.21  made by the commissioner and council within 30 days of the 
  1.22  request for refund provided that the checkoff fee sought to be 
  1.23  refunded has been received.  Rules governing the refund of 
  1.24  checkoff fees for all commodities shall be formulated by the 
  1.25  commissioner, shall be fully outlined in the promotion order, 
  2.1   and shall be available for the information of all producers 
  2.2   concerned with the referendum. 
  2.3      (b) The commissioner must allow partial refund requests 
  2.4   from corn producers who have checked off and must allow for 
  2.5   assignment of payment to the Minnesota corn growers association 
  2.6   if the Minnesota corn research and promotion council requests 
  2.7   such action by the commissioner.  
  2.8      (c) The Minnesota corn research and promotion council shall 
  2.9   not elect to impose membership on any individual producer not 
  2.10  requesting a partial refund or assignment of payment to the 
  2.11  association. 
  2.12     (d) For any wheat or barley for which the checkoff fee must 
  2.13  be paid pursuant to sections 17.51 to 17.69 and for which a 
  2.14  checkoff fee or fee that serves a comparable purpose in a 
  2.15  jurisdiction outside Minnesota had been previously paid for the 
  2.16  same wheat or barley, the producer of the wheat or barley is 
  2.17  exempt from payment of the checkoff fee.  The commissioner, in 
  2.18  consultation with the wheat research and promotion council and 
  2.19  barley research and promotion council, shall determine 
  2.20  jurisdictions outside of Minnesota which collect a checkoff fee 
  2.21  or fee that serves a comparable purpose.  In order to qualify 
  2.22  for the exemption, the producer must demonstrate to the first 
  2.23  purchaser that a checkoff fee or fee has been paid to such a 
  2.24  jurisdiction. 
  2.25     (e) A producer eligible for a refund of checkoff fees under 
  2.26  this section may also elect to have part or all of the refund 
  2.27  assigned to a qualifying farm or rural issues organization.  The 
  2.28  assigned refund may be applied to annual membership dues or for 
  2.29  other purposes agreeable to the producer and the organization.  
  2.30  For purposes of this section, "qualifying farm or rural issues 
  2.31  organization" means the Minnesota Farm Bureau Federation, the 
  2.32  Minnesota Farmers Union, the National Farmers Organization, and 
  2.33  other similar organizations that: 
  2.34     (1) apply to the commissioner for qualification; 
  2.35     (2) receive a recommendation for qualification from the 
  2.36  commissioner, who shall forward their names to the chairs of the 
  3.1   senate and house of representatives committees having 
  3.2   jurisdiction over agricultural policy issues; and 
  3.3      (3) after review and consideration by the committee chairs, 
  3.4   are approved by both chairs in a written communication to the 
  3.5   commissioner. 
  3.6      (f) An organization qualified under paragraph (e) as a 
  3.7   qualifying farm or rural issues organization remains qualified 
  3.8   until the chairs of the senate and house of representatives 
  3.9   committees having jurisdiction over agricultural policy issues 
  3.10  provide a written communication to the commissioner indicating 
  3.11  that they have withdrawn their approval of the organization as a 
  3.12  qualifying farm or rural issues organization.