1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 02/22/1999 | |
1st Engrossment | Posted on 03/22/1999 |
1.1 A bill for an act 1.2 relating to agriculture; changing and clarifying 1.3 provisions of the warehouse law; amending Minnesota 1.4 Statutes 1998, sections 231.01; 231.04; 231.08; 1.5 231.09; 231.11; 231.12; 231.13; 231.14; 231.15; 1.6 231.16; 231.17; 231.18, subdivisions 1 and 6; 231.24; 1.7 231.28; 231.34; 231.36; 231.37; 231.38; and 231.39; 1.8 repealing Minnesota Statutes 1998, sections 231.02; 1.9 231.03; 231.05; 231.06; 231.07; 231.10; 231.15; and 1.10 231.35. 1.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.12 Section 1. Minnesota Statutes 1998, section 231.01, is 1.13 amended to read: 1.14 231.01 [DEFINITIONS.] 1.15 Subdivision 1. [DEPARTMENTSCOPE.]The word "department,"1.16as used in this chapter, means the Minnesota state department of1.17agriculture.The definitions in this section apply to this 1.18 chapter. 1.19 Subd. 2. [COMMISSIONER.]The term"Commissioner,"as used1.20in this chapter,means the commissioner of agriculture. 1.21 Subd. 3. [PERSONCOMPENSATION.]The term "person," as used1.22in this chapter, includes any individual, firm, or1.23copartnership."Compensation" means any remuneration, 1.24 recompense, indemnification, requital, or satisfaction assessed, 1.25 collected, or received for the storage or warehousing of goods, 1.26 wares, or merchandise of another by a warehouse operator. 1.27 Subd. 4. [CORPORATION.]The term"Corporation,"as used in1.28this chapter,includes any corporation, company, association, 2.1 joint stock company, or association. 2.2 Subd. 5. [WAREHOUSE OPERATORDEPARTMENT.]The term2.3"warehouse operator," as used in this chapter, means and2.4includes every corporation, company, association, joint stock2.5company or association, firm, partnership, or individual, their2.6trustees, assignees, or receivers appointed by any court,2.7controlling, operating, or managing within this state directly2.8or indirectly, any building or structure, or any part thereof,2.9or any buildings or structures, or any other property, and using2.10the same for the storage or warehousing of goods, wares, or2.11merchandise for compensation, or who shall hold itself out as2.12being in the storage or warehouse business, or as offering2.13storage or warehouse facilities, or advertise for, solicit or2.14accept goods, wares, or merchandise for storage for2.15compensation, but shall not include persons, corporations, or2.16other parties operating storage facilities containing minerals,2.17ores, or rock products such as, but not limited to, aggregates,2.18clays, railroad ballast, iron ore, copper ore, nickel ore,2.19limestone, coal, and salt or operating grain or cold storage2.20warehouses, or storing on a seasonal basis boats, boating2.21accessories, recreational vehicles or recreational equipment or2.22facilities in which the party storing goods rents and occupies2.23space as a tenant and the entire risk of loss is with the tenant2.24pursuant to written contract between the landlord and tenant.2.25 "Department" means the department of agriculture. 2.26 Subd. 6. [SERVICEHOUSEHOLD GOODS.]The term "service," as2.27used in this chapter, is used in its broadest sense and includes2.28not only the use and occupancy of space for storage purposes,2.29but also any labor expended, and the use of any equipment,2.30apparatus, and appliances or any drayage or other facilities,2.31employed, furnished, or used in connection with the storage of2.32goods, wares, and merchandise, subject to the provisions of this2.33chapter."Household goods" means: 2.34 (1) personal effects and property used or to be used in a 2.35 dwelling if it is part of the equipment or supply of the 2.36 dwelling; 3.1 (2) furniture, fixtures, equipment, and the property of 3.2 business places and institutions, public or private, when a part 3.3 of the stock, equipment, supplies, or property of such 3.4 establishments. It does not mean the storage of property of a 3.5 business concern in the usual course of its business activities; 3.6 (3) articles which, because of their unusual nature or 3.7 value, require specialized handling and equipment customarily 3.8 employed in moving household goods. 3.9 Subd. 7. [RATEHOUSEHOLD GOODS WAREHOUSE OPERATOR.]The3.10term "rate," as used in this chapter, includes every individual3.11or joint rate, charge, or other compensation of every warehouse3.12operator, either for storage or for any other service furnished3.13in connection therewith, or any two or more such individual or3.14joint rates, charges, or other compensations of any warehouse3.15operator, or any schedule or tariff thereof, and any rule,3.16regulation, charge, practice, or contract relating thereto.3.17 "Household goods warehouse operator" means an individual, 3.18 corporation, partnership, or any other business association or 3.19 their trustees, assignees, or receivers appointed by a court who 3.20 control, operate, or manage, directly or indirectly, a building 3.21 or structure or any part of a building or structure in this 3.22 state used for the storage or warehousing of household goods for 3.23 compensation. 3.24 Subd. 8. [COMPENSATIONRATE.]The term "compensation," as3.25used in this chapter, means any remuneration, recompense,3.26indemnification, requital, or satisfaction assessed, collected,3.27or received for the storage or warehousing of goods, wares, or3.28merchandise of another by a warehouse operator."Rate" includes 3.29 every individual or joint rate, charge, or other compensation of 3.30 a household goods warehouse operator, either for storage or for 3.31 any other service furnished in connection with storage; any 3.32 schedule or tariff of rates, charges, or compensation of a 3.33 household goods warehouse operator; and any rule, regulation, 3.34 charge, practice, or contract relating to the rates, charges, or 3.35 compensation. 3.36 Subd. 9. [HOUSEHOLD GOODSSERVICE.]"Household goods"4.1means:4.2(a) personal effects and property used or to be used in a4.3dwelling if it is part of the equipment or supply of the4.4dwelling;4.5(b) furniture, fixtures, equipment, and the property of4.6business places and institutions, public or private, when a part4.7of the stock, equipment, supplies, or property of such4.8establishments. It does not mean the storage of property of a4.9business concern in the usual course of its business activities;4.10(c) articles which, because of their unusual nature or4.11value, require specialized handling and equipment customarily4.12employed in moving household goods."Service" is used in its 4.13 broadest sense and includes not only the use and occupancy of 4.14 space for storage purposes, but also any labor expended, and the 4.15 use of any equipment, apparatus, and appliances or any drayage 4.16 or other facilities employed, furnished, or used in connection 4.17 with the storage of goods, wares, and merchandise subject to 4.18 this chapter. 4.19 Subd. 10. [WAREHOUSE OPERATOR.] "Warehouse operator" means 4.20 a corporation, company, association, joint stock company or 4.21 association, firm, partnership, or individual and their 4.22 trustees, assignees, or receivers appointed by any court, that 4.23 directly or indirectly controls, operates, or manages within 4.24 this state one or more buildings or structures, any part thereof 4.25 of a building or structure, or any other property which is used 4.26 for the storage or warehousing of goods, wares, business or 4.27 other records, or merchandise for compensation, or who holds 4.28 itself out as being in the storage or warehouse business or as 4.29 offering storage or warehouse facilities, or who advertises for, 4.30 solicits, or accepts goods, wares, business or other records, or 4.31 merchandise for storage for compensation. "Warehouse operator" 4.32 does not include household goods warehouse operators or persons, 4.33 corporations, or other parties operating storage facilities 4.34 containing minerals, ores, or rock products such as, but not 4.35 limited to, aggregates, clays, railroad ballast, iron ore, 4.36 steel, aluminum, copper ore, nickel ore, limestone, coal, and 5.1 salt or operating grain warehouses, or storing on a seasonal 5.2 basis boats, boating accessories, recreational vehicles, or 5.3 recreational equipment or facilities in which the party storing 5.4 goods rents and occupies space as a tenant and the entire risk 5.5 of loss is with the tenant pursuant to written contract between 5.6 the landlord and tenant or provided by a railroad or common 5.7 carrier. 5.8 Sec. 2. Minnesota Statutes 1998, section 231.04, is 5.9 amended to read: 5.10 231.04 [DEPARTMENT TO ENFORCE WAREHOUSE LAW.] 5.11It is hereby made a duty ofThe departmenttoshall see 5.12 that the provisions of the constitution and the statutes of this 5.13 state affecting warehouse operators or household goods warehouse 5.14 operators, the enforcement of which is not specifically vested 5.15 in some other officer or tribunal, are enforced and obeyed, that 5.16 violations thereof are promptly prosecuted, and that penalties 5.17 due the state therefor are recovered and collected; and, to this 5.18 end, it may sue in the name of the state. 5.19 Sec. 3. Minnesota Statutes 1998, section 231.08, is 5.20 amended to read: 5.21 231.08 [WHAT IS REQUIRED OF WAREHOUSE OPERATORS AND 5.22 HOUSEHOLD GOODS WAREHOUSE OPERATORS.] 5.23 Subdivision 1. [TO FURNISH INFORMATION.] Every warehouse 5.24 operator and household goods warehouse operator shall furnish 5.25 all information required by the department tocarry into effect5.26the provisions ofadminister this chapter and make specific 5.27 answers to all questions submitted by the department, under 5.28 oath; and if such. A warehouse operator or household goods 5.29 warehouse operator which is a corporation, itshall answer under 5.30 the oath of one of its duly authorized officers. 5.31EveryA warehouse operator or household goods warehouse 5.32 operator shall obey and comply witheach and every requirement5.33ofevery order, decision, direction, or rule made or prescribed 5.34 by the department in the matters specified in this chapter; and 5.35 do everything necessary or proper to secure the compliance with 5.36 and the observance of the same, by all its officers, agents, and 6.1 employees. 6.2 Subd. 2. [RIGHTS NOT LIMITED.] Nothing in this chapter 6.3 shall be construed as limiting the rights of any warehouse 6.4 operator or household goods warehouse operator to lease or let 6.5 for any storage purpose anyfloorportion of a buildingor any6.6portion thereof.Any warehouse operator who so leases any6.7portion or portions of a warehouse shall first file with the6.8department a schedule showing the rates for such spaces and the6.9monthly rental per square foot or per cubic foot.6.10 Sec. 4. Minnesota Statutes 1998, section 231.09, is 6.11 amended to read: 6.12 231.09 [OBLIGATION TO ISSUE UNIFORM RECEIPTS.] 6.13EveryA warehouse operator receiving goods in store shall 6.14 issue forall suchthe goods a receipt embodying the terms of 6.15 such receipts as authorized by article 7 of the Uniform 6.16 Commercial Code. Receipts or records of storage in electronic 6.17 form are acceptable. 6.18 Sec. 5. Minnesota Statutes 1998, section 231.11, is 6.19 amended to read: 6.20 231.11 [SCHEDULE OF RATES; STORING HOUSEHOLD GOODS.] 6.21 In order toinsureensure nondiscriminatory rates and 6.22 charges for all depositors of household goods, the commissioner 6.23 shall establish a collective rate-making procedure which 6.24 willinsureensure the publication and maintenance of just and 6.25 reasonable rates and charges under uniform, reasonably related 6.26 rate structures. These proceduresshallmust provide for the 6.27 joint consideration, initiation, and establishment of rates and 6.28 charges,andshall assureensure that the respective revenues 6.29 and expenses of household goods warehouse operatorsengaged in6.30warehouse services for household goodsare ascertained. Any 6.31 participating household goods warehouse operator party to a 6.32 collectively mandated rate or charge has the right to petition 6.33 the commissioner for the establishment of a rate or charge which 6.34 deviates from the collectively set rate. Upon receiving the 6.35 commissioner's approval, that household goods warehouse operator 6.36 may proceed to establish the requested rate or charge. 7.1 All household goods warehouse operators subject to rate 7.2 regulation under this chapter must comply with the 7.3 commissioner's rate-making procedures. No household goods 7.4 warehouse operator shall undertake to perform any service or 7.5 store any household goods until a schedule of rates has been 7.6 filed and published in accordance with this chapter. In case of 7.7 emergency, however, a service or storage not specifically 7.8 covered by the schedules filed, may be performed or furnished at 7.9 a reasonable rate, which must then be promptly filed, and which 7.10 is subject to review in accordance with this chapter. 7.11 Sec. 6. Minnesota Statutes 1998, section 231.12, is 7.12 amended to read: 7.13 231.12 [CHANGE OF RATES; STORING HOUSEHOLD GOODS.] 7.14 Unless the department otherwise orders, no household goods 7.15 warehouse operatorstoring household goodsmay change any rate 7.16 except after ten days' notice to the department and to the 7.17 public pursuant to this section. Noticeshallmust be given by 7.18 filing with the department and keeping open for public 7.19 inspection new schedules or supplements stating plainly the 7.20 changes to be made in the schedules then in force and the time 7.21 when the changes will go into effect. The department for good 7.22 cause shown, may, after hearing, allow changes without requiring 7.23 the ten days' notice by an order specifying the changes to be 7.24 made, the time when they shall take effect, and the manner in 7.25 which they shall be filed and published. 7.26 Sec. 7. Minnesota Statutes 1998, section 231.13, is 7.27 amended to read: 7.28 231.13 [CHARGING MORE OR LESS THAN THE PUBLISHED RATE; 7.29 STORING HOUSEHOLD GOODS.] 7.30 Except as specified in sections 231.11 and 231.12, no 7.31 household goods warehouse operatorstoring household goodsshall 7.32 have, demand, collect, or receive, agreater or less or7.33 different compensation for any service rendered or for storing 7.34 any household goods than the rates applicable tosuchthat 7.35 service or storage, as specified in the schedules of rates on 7.36 file with the commissioner and in effect at the time. 8.1WhenIf a household goods warehouse operatorshall have8.2 has had household goods in storefor such a periodso long that 8.3 the storage chargesthereonaccumulated on them are more than 8.4suchthe household goods would bring at a forced sale, the 8.5 department, upon written application and proof thereof, may 8.6 authorizesuchthe household goods warehouse operator to 8.7 compromisesuchthe charges for a sum not less than the amount 8.8 whichsuchthe household goods would bring atsucha forced 8.9 sale. 8.10 Sec. 8. Minnesota Statutes 1998, section 231.14, is 8.11 amended to read: 8.12 231.14 [DISCRIMINATION IN RATES; STORING HOUSEHOLD GOODS.] 8.13 Except as herein otherwise specified, no household goods 8.14 warehouse operatorstoring household goods, or any officer, 8.15 agent, or employee thereof, shall, directly or indirectly, by 8.16 remittance, rebate, or any device, inducement, or other means, 8.17suffer orpermit any corporation or person to obtain any 8.18 service,or the storage of any household goods at less than the 8.19 rates then established and in force as shown by the schedule of 8.20 rates filed and in effect at the time. No person or corporation 8.21 shall, directly or indirectly, by any device, inducement, or 8.22 means, either with or without the consent or connivance of 8.23 a household goods warehouse operatorstoring household goods, or 8.24 any of the officers, agents, or employees thereof, obtain, or 8.25 seek to obtain, any service, or the storage of any household 8.26 goods at less than the rates then established and in force 8.27 therefor. Any household goods warehouse operatorstoring8.28household goods, or the officers, agents, or employees thereof, 8.29 or any person acting for or employed by it,or transacting 8.30 business with it, or any other person, whoshall violate any8.31provision ofviolates this section,shall beis guilty of a 8.32 gross misdemeanor;and is, upon conviction, subject to 8.33 imprisonment not exceeding one year or to a fine not exceeding 8.34 $3,000, or both. 8.35 Sec. 9. Minnesota Statutes 1998, section 231.15, is 8.36 amended to read: 9.1 231.15 [DEPARTMENT TO FIX RATES AND RULES; STORAGE OF 9.2 HOUSEHOLD GOODS.] 9.3WhenIf the department after a hearing upon its own motion, 9.4 or upon complaint finds that the rates demanded, observed, 9.5 charged, or collected byany warehouse operatora household 9.6 goods warehouse operator for or in connection with any service 9.7 or storage of goods, wares, or merchandise, or in connection9.8with such service or storage,are unjust, unreasonable, 9.9 discriminatory, preferential, orin any wise in violation of any9.10provision of lawotherwise illegal, the department shall 9.11 determine the just and reasonable rates to be thereafter 9.12 effective and in forcein suchfor that household goods 9.13 warehouse operator and fix thesamerates by an order, which 9.14 shall determine whensuchthe ratesshallgo into effect. 9.15 Beforemaking anyan order is issued underthe provisions of9.16 this section, the household goods warehouse operator shall have 9.17 an opportunity to be heard upon reasonable notice to be 9.18 determined by the department. 9.19 Sec. 10. Minnesota Statutes 1998, section 231.16, is 9.20 amended to read: 9.21 231.16 [WAREHOUSE OPERATOR OR HOUSEHOLD GOODS WAREHOUSE 9.22 OPERATOR TO OBTAIN LICENSE.] 9.23Every person desiring to engage in the business ofA 9.24 warehouse operator, before engaging therein, shallor household 9.25 goods warehouse operator must be licensed annually by, and shall9.26be under the supervision and subject to the inspection of,the 9.27 department. The department shall prescribe the form of the 9.28 written application.in the form prescribed by the department9.29shall be made to the department for license, specifying the city9.30in which it is proposed to carry on the business of warehousing,9.31the location, size, character, and equipment of the buildings or9.32premises to be used by the warehouse operator, the kind of9.33goods, wares, and merchandise intended to be stored therein, the9.34name of the person or corporation operating the same, and of9.35each member of the firm or officer of the corporation, and any9.36other facts necessary to satisfy the department that the10.1property proposed to be used is suitable for warehouse purposes10.2and that the warehouse operator making the application is10.3qualified to carry on the business of warehousing. ShouldIf 10.4 the departmentdecide that the building or other property10.5proposed to be used as a warehouse is suitable for the proposed10.6purpose and that the applicants are entitled to a license,10.7notice of the decision shall be given the interested parties10.8and, upon the applicants filingapproves the license application 10.9 and the applicant files with the department the necessary 10.10 bond, in the case of household goods warehouse operators, or 10.11 proof of warehouse operators legal liability insurance coverage 10.12 in an amount of $50,000 or more, as provided for in this 10.13 chapter, the department shall issue the licenseprovided for,10.14 upon payment of the license fee, asrequired in this section 10.15provided. A warehouse operator or household goods warehouse 10.16 operator to whom a license is issued shall payfor the licensea 10.17 feebased on the storage capacity of the warehouseas follows: 10.18Storage capacity in square feet10.19 Building square footage used for public storage 10.20 (1) 5,000 or less $ 80 10.21 (2) 5,001 to 10,000 $155 10.22 (3) 10,001 to 20,000 $250 10.23 (4) 20,001 to 100,000 $315 10.24 (5) 100,001 to 200,000 $410 10.25 (6) over 200,000 $470 10.26 Fees collected under this chaptershallmust be paid into 10.27 the grain buyers and storage fund established in section 232.22. 10.28 The licenseshallmust be renewed annually on or before 10.29 July 1, and always upon payment of the full license fee, as10.30provided forrequired in this sectionfor such renewal; and. No 10.31 license shall be issued for any portion of a year for less than 10.32 the full amount of the license fee, as provided forrequired in 10.33 this section. Each license obtained under this chaptershall10.34 must be publicly displayed in the main office of the place of 10.35 business of the warehouse operator or household goods warehouse 10.36 operator to whom it is issued. The licenseshall authorize11.1 authorizes the warehouse operator or household goods warehouse 11.2 operator to carry on the business of warehousing only in the one 11.3 city or town named in the application and in the buildings 11.4 therein described. The department, without requiring an 11.5 additional bond and license, may issue permits from time to time 11.6 to any warehouse operator already duly licensed under the 11.7 provisions of this chapter to operate an additional warehouse in 11.8 the same city or town for which the original license was issued 11.9 during the term thereof, upon the filing an application for a 11.10 permit in the form prescribed by the department. 11.11 A license may be refused for good cause shown and revoked 11.12 by the department for violation of law or of any rule adopted by 11.13it prescribedthe department, upon notice and after hearing. 11.14 Sec. 11. Minnesota Statutes 1998, section 231.17, is 11.15 amended to read: 11.16 231.17 [BONDS OF WAREHOUSE OPERATORS; LEGAL LIABILITY 11.17 INSURANCE.] 11.18 Every household goods warehouse operator applying for and 11.19 receiving a license from the department, as provided for in11.20 under this chapter,shall file with the department, acceptable 11.21 to the department, a surety bond to the state of 11.22 Minnesota.SuchBondsshallmust be inanthe amountto be11.23determined by the department as reasonable for the applicant but11.24shall not be less thanof $10,000. 11.25The commissioner shall, after a study of the existing11.26bonding structure and after consultation with the warehousing11.27industry, adopt rules for bonding. The rules must be adopted by11.28April 1, 1994.11.29 The bondshallmust be conditioned for the faithful 11.30 discharge of all duties as a household goods warehouse operator 11.31 operating under this chapter,and full compliance with the laws 11.32 of the state and rules and orders of the departmentrelative11.33thereto. Failure to maintain the bond as required shall void 11.34 the license. 11.35 The bond must be continuous until canceled. To cancel a 11.36 bond, the surety must provide 90 days' written notice of the 12.1 bond's termination date to the licensee and the department. 12.2 In lieu of the bond required by this section, the applicant 12.3 may deposit with the state treasurer cash; a certified check; a 12.4 cashier's check; a postal, bank, or express money order; 12.5 assignable bonds or notes of the United States; or an assignment 12.6 of bank savings account or investment certificate or an 12.7 irrevocable bank letter of credit as defined in section 12.8 336.5-103, in the same amount as would be required for a bond. 12.9 A warehouse operator that does not provide for the storage 12.10 of household goods must have proof of legal liability insurance 12.11 coverage of $50,000 or more. The insurance policy must be 12.12 continuous until canceled and must provide that the insurer will 12.13 provide 90 days' written notice of the policy's termination date 12.14 to the licensee and the department. 12.15 Sec. 12. Minnesota Statutes 1998, section 231.18, 12.16 subdivision 1, is amended to read: 12.17 Subdivision 1. [FILING A CLAIM.] A depositor claiming to 12.18 be damaged by the breach of an agreement to storegeneral12.19merchandise andhousehold goods must file a claim with the 12.20 department within 180 days of the date of breach. 12.21 Sec. 13. Minnesota Statutes 1998, section 231.18, 12.22 subdivision 6, is amended to read: 12.23 Subd. 6. [BOND DISBURSEMENT.] (a) Upon expiration of the 12.24 claim filing period, the department shall promptly determine the 12.25 validity of all claims filed and notify the claimants of the 12.26 determination. An aggrieved party may appeal the department's 12.27 determination by requesting, within 15 days, that the department 12.28 initiate a contested case proceeding. In the absence of such a 12.29 request, or following the issuance of a final order in a 12.30 contested case, the surety company shall issue payment promptly 12.31 to those claimants entitled to payment. 12.32 (b) If a household goods warehouse operator has become 12.33 liable to more than one depositor by reason of breaches of the 12.34 conditions of the bond and the amount of the bond is 12.35 insufficient to pay the entire liability to all depositors 12.36 entitled to the protection of the bond, the proceeds of the bond 13.1 shall be apportioned among the bona fide claimants. 13.2 Sec. 14. Minnesota Statutes 1998, section 231.24, is 13.3 amended to read: 13.4 231.24 [COMPLAINT THAT RATE IS UNREASONABLE; DUTY OF 13.5 DEPARTMENT.] 13.6 Upon verified complaint of any person or of any corporation 13.7 that any rates of a household goods warehouse operator are 13.8 unjust, unreasonable, discriminatory, preferential, or in any 13.9 way in violation of law, the department shall proceed to 13.10 investigate the matters alleged in such complaint; and, for the 13.11 purposes of such investigation, they may require the attendance 13.12 of witnesses and the production of books, papers, and 13.13 documents. If, upon the hearing, such rates are found to be 13.14 unjust, unreasonable, discriminatory, preferential, or in any 13.15 way in violation of law, the department shall make an order, 13.16 stating wherein the same are so unjust, unreasonable, 13.17 discriminatory, preferential, or in any way in violation of law, 13.18 and make rates which shall be substituted for those as to which 13.19 complaint is made. Rates so made by the department shall be 13.20 deemed prima facie reasonable in all courts, and shall be in 13.21 full force during the pendency of any appeal or other 13.22 proceedings to review the action of the department in 13.23 establishing the same. 13.24 Sec. 15. Minnesota Statutes 1998, section 231.28, is 13.25 amended to read: 13.26 231.28 [FAILURE TO OBEY ORDER OR LAW.] 13.27When anyIf a warehouse operatorshall failor household 13.28 goods warehouse operator fails to obey any law of this state,or 13.29 any order of the department, the department may, upon verified 13.30 petition alleging such failure, apply to the district court of 13.31 the county in which thewarehouseoperator's principal place of 13.32 business is located,for the enforcement of such law or order,13.33 or other appropriate relief. The court, upon such notice as it 13.34 may direct, shall hear such matter as in case of an appeal from 13.35 an order. On the hearing, the findings of fact upon which the 13.36 order is based shall be prima facie evidence of the merits 14.1 therein stated, and the court may grant any provisional or other 14.2 relief, ordinary or extraordinary, legal or equitable, which the 14.3 nature of the case may require, and may impose a fine of not 14.4 more than $50 for each day's failure to obey any writ, process, 14.5 or order of the court, in addition to all other penalties or 14.6 forfeitures provided by law. A temporary mandatory or 14.7 restraining order may be made in such proceedings, 14.8 notwithstanding any undetermined issue of fact, upon such terms 14.9 as to security as the court may direct. 14.10 Sec. 16. Minnesota Statutes 1998, section 231.34, is 14.11 amended to read: 14.12 231.34 [ACTION ON BOND IN THE NAME OF THE STATE.] 14.13When any oneIf a licensedto do business as a public14.14 household goods warehouse operator fails to perform a duty,or 14.15 violatesany of the provisions ofthis chapter, any person or 14.16 corporation injured by such failure or violation may, with the 14.17 consent of the department and the attorney general, bring an 14.18 action in the name of the state, but to the person's or 14.19 corporation's own use, in any court of competent jurisdiction on 14.20 the bond ofsuchthe household goods warehouse operator. In 14.21 such action the person or corporation in whose behalf the action 14.22 is brought shall file with the court a satisfactory bond for 14.23 costs, and the state shall not be liable for any costs. 14.24 Sec. 17. Minnesota Statutes 1998, section 231.36, is 14.25 amended to read: 14.26 231.36 [FALSIFICATION OR DESTRUCTION OF ACCOUNTS.] 14.27 Any person who shall willfully make any false entry in the 14.28 account or in any record or memorandum kept by a warehouse 14.29 operator or household goods warehouse operator, or who shall 14.30 willfully destroy, mutilate, alter, or by any other means or 14.31 device, falsify a record of any such account, record, or 14.32 memorandum, or who shall willfully neglect or fail to make full, 14.33 true, and correct entries in such accounts, records, or 14.34 memoranda, of all facts and transactions appertaining to the 14.35 business of the warehouse operator or household goods warehouse 14.36 operator, or shall keep any accounts or records with the intent 15.1 to evade the provisions of this chapter,shall beis guilty of a 15.2 gross misdemeanor;and, upon conviction, is subject to 15.3 imprisonment not exceeding one year or to a fine not exceeding 15.4 $3,000, or both. 15.5 Sec. 18. Minnesota Statutes 1998, section 231.37, is 15.6 amended to read: 15.7 231.37 [PENALTY FOR DIVULGENCE OF INFORMATION.] 15.8 Any officer or employee of the department who divulges to 15.9 any person, other than a member of the department, any fact or 15.10 information coming to the knowledge of the officer or employee 15.11 during the course of an inspection, examination, or 15.12 investigation of any accounts, records, memoranda, books, or 15.13 papers of a warehouse operator or household goods warehouse 15.14 operator, except insofar as may be authorized by the department, 15.15 or by a court of competent jurisdiction, or a judge thereof, 15.16shall beis guilty of a gross misdemeanor;and, upon conviction, 15.17 is subject to imprisonment not exceeding one year or to a fine 15.18 not exceeding $3,000, or to both. 15.19 Sec. 19. Minnesota Statutes 1998, section 231.38, is 15.20 amended to read: 15.21 231.38 [PENALTY FOR TRANSACTING BUSINESS WITHOUT A 15.22 LICENSE.] 15.23 Any person who shall transact the business of a warehouse 15.24 operator or household goods warehouse operator, except for the 15.25 purpose of winding up the same under the supervision of the 15.26 department, without first procuring a license and giving a 15.27 bond or providing proof of insurance as provided for in this 15.28 chapter and any licensed warehouse operator or household goods 15.29 warehouse operator who shall operate any warehouse without 15.30 obtaining the permit herein provided for or who shall continue 15.31 to transact such business after such license has expired or the 15.32 required insurance has lapsed or such bond may have become void 15.33 or found insufficient security for the penal sum in which it is 15.34 executed by the department approving the sameshall beis guilty 15.35 of a gross misdemeanor;and, upon conviction, shall be fined in 15.36 a sum not less than $100 nor more than $3,000 for each and every 16.1 daysuchthe business is carried on before the license or 16.2 permit, as the case may be, is issued or after the expiration of 16.3 such license or permit or after receiving notice from the 16.4 department thatsuchthe insurance has lapsed or bond has become 16.5 void or has been found insufficient security; and the operation 16.6 of such warehouse operator or household goods warehouse operator 16.7 may be enjoined upon complaint of the department before a court 16.8 of competent jurisdiction. 16.9 A warehouse operator or household goods warehouse operator 16.10 has 30 days after a license or permit has expired or insurance 16.11 has lapsed or bond become void or been found insufficient before 16.12 the penalty in this section applies. 16.13 Sec. 20. Minnesota Statutes 1998, section 231.39, is 16.14 amended to read: 16.15 231.39 [PERSONS VIOLATING ACT OR ORDER; PENALTY.] 16.16 Any warehouse operator or household goods warehouse 16.17 operator and each person who, either individually or acting as 16.18 an officer, agent, or employee of a warehouse operator or 16.19 household goods warehouse operator, violates or fails to comply 16.20 with any provisions of this chapter, or fails to observe, obey, 16.21 or comply with any order, decision, rule, direction, or 16.22 requirement or any part or portion thereof of the department 16.23 made or issued under authority of this chapter or who procures, 16.24 aids, or abets any warehouse operator or household goods 16.25 warehouse operator in the violation of this chapter or in the 16.26 failure to observe, obey, or comply with this chapter or any 16.27 such order, decision, rule, direction, or requirement or any 16.28 part or portion thereof in a case in which a penalty is not 16.29 otherwise provided for in this chapter is guilty of a gross 16.30 misdemeanor;and, upon conviction, shall be punished by a fine 16.31 not exceeding $3,000 or by imprisonment not exceeding one year 16.32 orbybothsuch fine and imprisonment. 16.33 Each violation ofthe provisions ofthis chapter, or of any 16.34 order, decision, rule, direction, or requirement of the 16.35 department, or any part or portion thereof, by any warehouse 16.36 operator or household goods warehouse operator is a separate and 17.1 distinct offense. 17.2 In construing and enforcing the provisions of this chapter 17.3 relating to penalties, the act, omission, or failure of any 17.4 officer, agent, or employee of any warehouse operator or 17.5 household goods warehouse operator, acting within the scope of 17.6 official duties or employment, shall in each case be and be 17.7 deemed to be the act, omission, or failure of such warehouse 17.8 operator or household goods warehouse operator. 17.9 Sec. 21. [REPEALER.] 17.10 Minnesota Statutes 1998, sections 231.02; 231.03; 231.05; 17.11 231.06; 231.07; 231.10; 231.15; and 231.35, are repealed.