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SF 543

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

  1.1                          A bill for an act 
  1.2             relating to agriculture; changing certain license 
  1.3             requirements; clarifying certain terms; repealing the 
  1.4             interstate compact on agricultural grain marketing; 
  1.5             amending Minnesota Statutes 1996, sections 17A.04, 
  1.6             subdivision 1; 18B.30; 18B.36, subdivision 1; 231.01, 
  1.7             subdivision 5; 236.01, subdivision 3; and 236.02, 
  1.8             subdivisions 1 and 2; repealing Minnesota Statutes 
  1.9             1996, sections 236A.01; and 236A.02. 
  1.11     Section 1.  Minnesota Statutes 1996, section 17A.04, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [LICENSING PROVISIONS.] Licenses shall be 
  1.14  issued to livestock market agencies and public stockyards 
  1.15  annually and shall expire on December 31 each year, renewable 
  1.16  annually thereafter.  A separate license must be obtained for 
  1.17  each separate geographical location even though operated under 
  1.18  the same management or same person, partnership, firm, 
  1.19  corporation, or livestock market.  The license issued to a 
  1.20  livestock market agency and public stockyard shall be 
  1.21  conspicuously posted at the licensee's place of business.  
  1.22  Licenses shall be required for livestock dealers and their 
  1.23  agents for the period beginning July 1 each year and ending June 
  1.24  30.  The license issued to a livestock dealer or the agent of a 
  1.25  livestock dealer shall be carried by the person so licensed.  
  1.26  The livestock dealer shall be responsible for the acts of the 
  1.27  dealer's agents.  Licensed livestock market agencies, public 
  2.1   stockyards, and livestock dealers shall be responsible for the 
  2.2   faithful performance of duty of the public livestock weighers at 
  2.3   their places of business.  The license issued to a livestock 
  2.4   market agency, public stockyard or livestock dealer or agent of 
  2.5   a livestock dealer is not transferable.  The operation of 
  2.6   livestock market agencies, livestock dealers, agents and packers 
  2.7   at a public stockyard are exempt from sections 17A.01 to 
  2.8   17A.091, and 17A.12 to 17A.17. 
  2.9      Sec. 2.  Minnesota Statutes 1996, section 18B.30, is 
  2.10  amended to read: 
  2.12     A person may not use or supervise the use of a restricted 
  2.13  use pesticide without a license or certification required under 
  2.14  sections 18B.29 to 18B.35 and the use may only be done under 
  2.15  conditions prescribed by the commissioner. 
  2.16     Sec. 3.  Minnesota Statutes 1996, section 18B.36, 
  2.17  subdivision 1, is amended to read: 
  2.18     Subdivision 1.  [REQUIREMENT.] (a) Except for a licensed 
  2.19  commercial or noncommercial applicator, only a certified private 
  2.20  applicator may use a restricted use pesticide to produce an 
  2.21  agricultural commodity: 
  2.22     (1) as a traditional exchange of services without financial 
  2.23  compensation; or 
  2.24     (2) on a site owned, rented, or managed by the person or 
  2.25  the person's employees; or 
  2.26     (3) when the private applicator is one of two or fewer 
  2.27  specified individuals employed as agricultural labor as defined 
  2.28  by section 268.04, subdivision 12, paragraph (15), clause (a), 
  2.29  and the owner or operator is a certified private applicator or 
  2.30  is licensed as a noncommercial applicator.  
  2.31     (b) A private applicator may not purchase a restricted use 
  2.32  pesticide without presenting a certified private applicator card 
  2.33  or the card number. 
  2.34     Sec. 4.  Minnesota Statutes 1996, section 231.01, 
  2.35  subdivision 5, is amended to read: 
  2.36     Subd. 5.  [WAREHOUSE OPERATOR.] The term "warehouse 
  3.1   operator," as used in this chapter, means and includes every 
  3.2   corporation, company, association, joint stock company or 
  3.3   association, firm, partnership, or individual, their trustees, 
  3.4   assignees, or receivers appointed by any court, controlling, 
  3.5   operating, or managing within this state directly or indirectly, 
  3.6   any building or structure, or any part thereof, or any buildings 
  3.7   or structures, or any other property, and using the same for the 
  3.8   storage or warehousing of goods, wares, or merchandise for 
  3.9   compensation, or who shall hold itself out as being in the 
  3.10  storage or warehouse business, or as offering storage or 
  3.11  warehouse facilities, or advertise for, solicit or accept goods, 
  3.12  wares, or merchandise for storage for compensation, but shall 
  3.13  not include persons, corporations, or other parties operating 
  3.14  open air storage facilities containing minerals, ores, steel, or 
  3.15  rock products such as, but not limited to, aggregates, clays, 
  3.16  railroad ballast, iron ore, copper ore, nickel ore, limestone, 
  3.17  coal, and salt or operating grain or cold storage warehouses, or 
  3.18  storing on a seasonal basis boats, boating accessories, 
  3.19  recreational vehicles or recreational equipment or facilities in 
  3.20  which the party storing goods rents and occupies space as a 
  3.21  tenant and the entire risk of loss is with the tenant pursuant 
  3.22  to written contract between the landlord and tenant. 
  3.23     Sec. 5.  Minnesota Statutes 1996, section 236.01, 
  3.24  subdivision 3, is amended to read: 
  3.25     Subd. 3.  [GRAIN BANK.] "Grain bank" means a 
  3.26  feed-processing plant that receives and stores grain, the 
  3.27  equivalent of which, except as is otherwise permitted by section 
  3.28  236.04, it processes and returns to the grain's owner in 
  3.29  amounts, at intervals, and with added ingredients that are 
  3.30  mutually agreeable to the grain's owner and the person operating 
  3.31  the plant.  "Grain bank" does not include a seed cleaning plant. 
  3.32     Sec. 6.  Minnesota Statutes 1996, section 236.02, 
  3.33  subdivision 1, is amended to read: 
  3.34     Subdivision 1.  [LICENSING REQUIREMENT.] A person who (1) 
  3.35  operates an establishment that processes grain into feed and (2) 
  3.36  is licensed to buy grain as a public or private local grain 
  4.1   warehouse operator under section 232.22 223.17 may obtain a 
  4.2   license to operate a grain bank.  A person licensed under 
  4.3   section 232.22 to operate a public grain warehouse is not 
  4.4   required to obtain a separate grain bank license.  No person may 
  4.5   conduct a grain bank without a grain bank license or a public 
  4.6   grain warehouse operator's license. 
  4.7      Sec. 7.  Minnesota Statutes 1996, section 236.02, 
  4.8   subdivision 2, is amended to read: 
  4.9      Subd. 2.  [ISSUANCE.] A grain bank license must be obtained 
  4.10  from the department.  The department may issue a grain bank 
  4.11  license when the applicant has complied with the bond 
  4.12  requirements of sections 236.01 to 236.09.  A grain bank license 
  4.13  is required in addition to a license to buy grain as a public or 
  4.14  private local grain warehouse operator and permits the licensee 
  4.15  to conduct a grain bank in accordance with sections 236.01 to 
  4.16  236.09. 
  4.17     Sec. 8.  [REPEALER.] 
  4.18     Minnesota Statutes 1996, sections 236A.01; and 236A.02, are 
  4.19  repealed. 
  4.20     Sec. 9.  [EFFECTIVE DATE.] 
  4.21     Section 4 is effective the day following final enactment.