Office of the Revisor of Statutes
Minnesota Session Laws - 1989, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1989
CHAPTER 197-H.F.No. 862
An act relating to statutes; revising the text of
certain laws to remove redundant and obsolete
language, to simplify grammar and syntax, and to
improve the style of language without causing changes
in the meaning of the laws; amending Minnesota
Statutes 1988, chapters 226; 230; 233; 234; 235; 236;
and 366, as amended.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
REVISOR'S BILL
ARTICLE 1
Section 1. Minnesota Statutes 1988, chapter 226, is
amended to read:
226.01 [CERTIFICATES ON PRODUCTS; SALE.]
Every A person engaged in the slaughter of who slaughters
cattle, sheep, or hogs and dealing, deals in the their products
thereof, who and owns or controls the building wherein such in
which that business is conducted or such those commodities are
stored, may issue warehouse certificates for any of the
commodities actually in store, and may sell, assign, transfer,
pledge, or encumber the same commodities to the amount described
therein in the certificate. Such A certificate shall must
contain the name and address of the person issuing it, the
location of the warehouse, the date of issue, the quantity of
each commodity, and its brand or mark of identification, if any,
and must be signed by the person issuing the same certificate.
226.02 [INTEREST IN WAREHOUSE; CERTIFIED COPY.]
Before issuing any such a warehouse certificate under
section 226.01, the person issuing it shall file with the county
recorder of the county where the warehouse is located a written
declaration, stating the person's name and residence, that the
person intends controlling to control a warehouse for the
storage and sale of such commodities covered by section 226.01,
a correct description of the warehouse, its location, and the
name of any other person in any way interested therein in the
warehouse. It shall must be signed, acknowledged, and recorded
in a book kept for that purpose, and. A certified copy thereof
shall of it must be filed with the clerk of the city or
town wherein such in which the business is conducted and kept in
the same manner as chattel mortgages are required to be filed
and kept, and. The party making the declaration shall must be
indexed as the vendor, and the public as the vendee.
226.03 [STATEMENT PRINTED ON BACK.]
Every such A certificate issued shall under section 226.01
must have printed on the its back thereof a statement that the
party issuing it has complied with the law, and must give the
book, page, and place where the record of such the declaration
under section 226.02 may be found, and the day of filing. Such
The certificate, when so issued and delivered, shall must
transfer to the holder the title to the commodities therein
described, shall in it and be assignable by endorsement, and
thereupon shall be is then prima facie evidence of title to such
the commodities in the endorsee. It shall must be registered by
the party issuing the same it in a book kept for that purpose,
which shall must show the date, the number and, the name of
the party to whom it was issued, the kind and quantity of the
commodities, and any brands or marks thereon and, on the
commodities. It must be open to inspection by any a person
holding any an outstanding certificate in force, or the person's
agent or attorney; and. When the commodity specified therein in
the certificate has been delivered, or it the certificate has
in any other manner become inoperative, that fact, with the date
of such delivery or other termination of liability, shall must
be entered in the register in connection with the entry of its
issuance.
226.04 [PROPERTY IN WAREHOUSE.]
No person shall may issue such a warehouse certificate
under section 226.01 unless the property therein described in it
is actually in the warehouse; and it shall. The property must
remain there until otherwise ordered by the holder of the
certificate, subject to the conditions of the contract between
the warehouse operator and the person to whom such the
certificate was issued, or the person's assigns, as to the time
of its the property's remaining therein; and in the warehouse.
No second certificate shall may be issued for the same property
or any part thereof of it while the first is outstanding and in
force, nor shall the property be sold, encumbered, shipped,
transferred, or removed by the warehouse operator without the
written consent of the certificate holder.
226.05 [PENALTIES.]
Every A person who shall (1) willfully alter alters or
destroy any destroys a register of such warehouse certificates
issued under section 226.01 or issue any issues a receipt of
certificates without entering and preserving in such the book
the registered memorandum or shall; (2) knowingly issue any such
certificates issues a certificate under section 226.01 when the
commodities therein described are not in the warehouse, or who,
with intent to defraud, shall issue; (3) issues, with intent to
defraud, a second or other certificate for which a former valid
certificate is outstanding, or who shall under such
circumstances sell, encumber, ship, transfer, or remove; (4)
sells, encumbers, ships, transfers, or removes from the
warehouse any such certified property or knowingly permit the
same permits it to be done without the written consent of the
certificate holder,; or who (5) knowingly receives or helps to
remove any such certified property shall be, is guilty of a
felony and must be punished by imprisonment in the Minnesota
correctional facility-Stillwater for not more than five years or
by a fine of not more than $20,000.
226.06 [VIOLATIONS; DAMAGES WHEN INJURED BY.]
Any A person injured by any a violation of sections 226.03
and 226.04 may recover the actual damages sustained; and,. If
the violation was willful, an addition thereto the person
injured may also recover exemplary damages not exceeding double
the actual damages, which shall. Exemplary damages must be
found by special verdict.
ARTICLE 2
Section 1. Minnesota Statutes 1988, chapter 230, is
amended to read:
230.09 [RAILROAD RIGHT-OF-WAY; USE FOR CERTAIN PURPOSES.]
Any On paying reasonable compensation a person, firm, or
corporation shall have the right to use as a site for a public
elevator, warehouse, coal shed, icehouse, buying station,
selling station, or weighing scales or other instrumentalities
for weighing livestock, or use ground space for receiving,
storing, or distributing any article of commerce, transported or
to be transported, a proper portion of the right-of-way of any a
railroad within the outside switches at any a station or siding
upon the payment of reasonable compensation therefor, for any of
the following purposes:
(1) as a site for a public elevator, warehouse, coal shed,
icehouse, buying station, or selling station;
(2) as a location for weighing scales or other equipment
for weighing livestock; or
(3) for receiving, storing, or distributing an article of
commerce that has been or is to be transported.
230.10 [PROCEDURE UPON DISAGREEMENT WITH RAILROAD.]
Any such If a person, firm, or corporation desiring (1)
desires to construct, operate, or use a public elevator,
warehouse, coal shed, icehouse, buying station, selling station,
or weighing scales or other instrumentalities equipment for
weighing livestock, or to use ground space for receiving,
storing, or distributing any an article of commerce transported
or that has been or is to be transported, or to continue the use
and operation of any such buildings, structures,
instrumentalities, or ground space where the same are already
constructed or used, upon such on the right-of-way of any a
railroad, if unable to and (2) cannot agree with the person,
firm, or corporation operating such railroad upon operator on
the site for such the buildings, structures,
instrumentalities equipment, or ground space or the compensation
to be paid therefor, the person, firm, or corporation may file a
verified complaint with the department of agriculture setting
forth. The complaint must state the facts and requesting it ask
the department to establish the location of the site for such
the buildings, structures, instrumentalities equipment, or
ground space or the compensation to be paid therefor, or both,
as the case may be. Such The complaint shall must be served
upon such on the railroad company and 20 days, exclusive of the
day of such service, shall must be allowed for answer. After
the time for answering has expired, the department shall fix the
time and place for a hearing and give at least ten days notice
thereof to both parties.
230.11 [HEARING; ORDER.]
The hearing shall must be held pursuant to such the notice
and thereafter. If the department, if it finds that the
complainant is entitled thereto, to it, the department may make
issue an order establishing the location of the site for such
buildings, structures, instrumentalities equipment, or ground
space, at a suitable place within the outside switches at any
station, or siding, and fixing the reasonable annual
compensation to be paid therefor for the space. Where such If
buildings, structures, instrumentalities equipment, or ground
space are already established or used upon such on the
right-of-way and the compensation therefor is not fixed by order
of the department or by contract, the department may fix the
reasonable compensation to be paid for the occupation thereof of
the space.
ARTICLE 3
Section 1. Minnesota Statutes 1988, chapter 233, is
amended to read:
233.01 [DEFINITIONS.]
Subdivision 1. [SCOPE.] The definitions in this section
apply to this chapter.
Subd. 1a. [DEPARTMENT.] Wherever the term "Department" is
used in this chapter it shall be construed to mean means the
department of agriculture of the state of Minnesota.
Subd. 2. [WAREHOUSE OPERATOR.] Wherever the
term "Warehouse operator" is used in this chapter it shall be
construed to mean and include means the party, parties,
copartnership, association, or corporation engaged in the
operation of a "public terminal warehouse," as defined in this
section.
Subd. 3. [PUBLIC TERMINAL WAREHOUSE.] The term "Public
terminal warehouse" wherever used in this chapter shall be
construed to mean and include all elevators or warehouses
located within the switching limits of St. Paul, Minneapolis,
and Duluth, or other points in the state, which are now, or
hereafter may be, means an elevator or warehouse designated as a
terminal points point in which grain not belonging to the
warehouse operator is received for storage, whether for hire or
without charge, and shall include all. The term includes
warehouses where grain stored for different owners is mixed with
the grain of other owners and where the identity of the
different lots or parcels is not preserved, and shall include
all warehouses where grain other than that of the warehouse
operator is stored in separate bins and the its identity thereof
preserved.
[233.015] [EXCLUSION.]
Sections 233.03 and 233.04, and sections 233.06 and 233.09,
insofar as relates to the requirements therein, in respect to
grade and dockage, and wherever requirements in respect to the
same occur in sections 233.06 and 233.09, shall Provisions of
sections 233.03, 233.04, 233.06, and 233.09 that relate to grade
and dockage do not apply to any such a public terminal warehouse
which if:
(1) the warehouse is used and operated exclusively for
cleaning, drying, cooling, mixing, and conditioning for the
market, of grain belonging to others and storing such that grain
until it is disposed of by the its owner thereof, in which
warehouse; and
(2) in that warehouse, the grain of each owner or depositor
is stored in separate bins or tanks and is kept separate from
the grain of every other owner or depositor, and no grain
belonging to such that warehouse operator is received, handled,
or stored.
[233.017] [RECEIPT ISSUANCE.]
In all cases where such grain is delivered to a terminal
elevator the receipt shall be issued in the name of the owner,
or owner's agent, unless otherwise ordered in writing.
If grain is delivered to a public terminal warehouse, the
receipt must be issued in the name of the owner or owner's agent
unless otherwise ordered in writing.
Subd. 4. [WHAT INCLUDED IN DEFINITION OF "PUBLIC TERMINAL
WAREHOUSE".] All elevators or warehouses included within the
foregoing definition of public terminal warehouses are hereby
declared to be "public terminal warehouses" and subject to
license and regulation as provided in this chapter.
233.02 [RULES.]
The department shall make such necessary rules as may be
necessary in regard to the receipt, care, and delivery of grain,
the issuance, cancellation, division, and consolidation of
warehouse receipts, and such other matters relative to the
management of the business of public terminal warehouses as it
shall deem the department considers proper not inconsistent,
consistent with the provisions of this chapter.
233.03 [DUTIES OF A WAREHOUSE OPERATOR.]
Subdivision 1. [RECEIPT OF GRAIN; INSPECTION.] Every A
warehouse operator shall receive for storage and shipment as far
as, to the extent of warehouse capacity will permit, all grain
in suitable condition for storage, tendered in the usual course
of business, without discrimination of any kind. All Grain
shall must be inspected on receipt and stored with other grain
of the same grade except as herein otherwise provided subject to
other provisions of this chapter.
Subd. 2. [WAREHOUSE RECEIPT; FORM.] At the time of the
receipt of the grain, the warehouse operator shall issue and
deliver to the owner or consignee a warehouse receipt,
authorized by the department, in the following form:
Warehouse Receipt No..............
............................ Elevator Co.
......................., Minn., ......... 19.......
The .................................... Elevator
Company has received in store in its elevator known
as .................................................
situated at ........................................
Minnesota, for storage from ........................
owner, ................................. bushels of
.................................. which has been duly
inspected by a duly authorized inspector of grain
appointed by the department of agriculture of
Minnesota, or licensed by the Secretary of
Agriculture of the United States, and has been
graded by the inspector as No. ....................
and is that grade. This grain, or an equal amount of
grain of the same kind and grade, is deliverable upon
the return of this receipt properly endorsed by the
owner above named and the payment of all lawful
charges; in case of grain stored separately in a
special bin, at the request of the owner or consignee,
the identity of the grain will be preserved while in
store and the grain will be delivered as a separate
lot or parcel, in accordance with the law, upon
surrender of the receipt. Loss by fire, heating or
the elements is at the owner's risk.
Countersigned by
......................................................
Secretary
The ......................... Elevator Company
conducts this elevator as a public terminal warehouse
and receives and stores therein grain of others for
hire.
.......... bushels .......... grade.
......................
By .................
STUB RECORD
Initial Car No. Bushels
Receipt No........... 19....
Received in store from
..............................
Bushels.... Lbs.... Grade....
Car No. Bushels Car No. Bushels
Subd. 3. [OTHER DUTIES REGARDING RECEIPTS.] The
receipts shall must be consecutively numbered and delivered to
the owner immediately upon receipt of each lot or parcel of
grain, giving the true and grain's correct grade and
weight thereof. The manner of receipt of the grain shall must
be stated in the receipt, and along with the number and
distinctive mark of each car, and the name of each barge or
other vessel. The failure to issue a receipt as directed or the
issuance of any a warehouse receipt differing in form or
language from that prescribed shall be that does not comply with
this section is a misdemeanor; provided that. A warehouse
receipt may, at the request of the owner or consignee, may
provide for delivery of the grain represented thereby it
represents to the depositor, or any other another specified
person, and may have printed or stamped thereon on it the words
"nonnegotiable."
233.04 [GRAIN REDELIVERED ON WAREHOUSE RECEIPT.]
Upon return of the receipt for grain not stored in separate
bins to the proper warehouse operator, properly endorsed, and
upon payment or tender of all advances and legal charges, grain
of the same grade and quantity named therein shall in the
receipt must be delivered to the holder of such the receipt
within 24 hours after facilities for receiving the same grain
have been provided. The identical grain, if stored in separate
bins, shall must be so delivered. A warehouse operator who
fails to deliver it is liable to the owner in damages at the
rate of one cent a bushel for each day's delay, unless the
property is delivered to the several owners in the order of
demand as rapidly as it can be done by ordinary diligence. If
the warehouse operator shall fail so fails to deliver such the
grain, the person entitled thereto to it may recover the same,
it if it is kept in separate bins, or the same amount of grain
of like the same grade, if it is stored with other grain, or the
value thereof, of the grain in a civil action; and such. A
warehouse operator shall also be who fails to deliver grain to
the person entitled to it is guilty of theft.
233.05 [WAREHOUSE OPERATOR NOT TO SELL WITHOUT AUTHORITY
FROM OWNER.]
No A warehouse operator shall may not, in violation of this
chapter, sell or otherwise dispose of or deliver out of store
any grain stored in the warehouse without the express authority
of its owner and the return of the storage receipt except as
herein provided, nor mix together grain of different grades in
store, nor select grain of different qualities, but of the same
grade, for storage or delivery, nor tamper with grain of others
while in the operator's possession or custody with the purpose
of securing any personal profit or a profit for any other
another person, or attempt to deliver grain of one grade for
that of another. Any A person violating any provision of who
violates this section shall must be punished by a fine of not
more than $3,000 or imprisonment in the Minnesota correctional
facility-Stillwater for not more than five years, or both.
233.06 [GRAIN STORED IN SEPARATE BINS.]
At the request of the owner or consignee, such a warehouse
operator shall store any grain of the same an owner or consignee
, in separate bins, which grain shall then bear bearing the name
of the owner or consignee. The warehouse operator shall issue
to the owner or consignee, distinguishing whether owner or
consignee, a warehouse receipt or receipts for all or any part
of such the grain. Every such warehouse receipt shall give
must contain the name of the owner or consignee and state the
amount, kind, and grade of grain for which the receipt is issued
, and that the grain of such the owner or consignee is stored
separately from the grain of any other owner or consignee. The
warehouse operator shall, on presentation and surrender of the
warehouse receipt bearing the proper endorsement of the person
to whom it was issued, deliver to the person surrendering the
receipt such the amounts of the same grain as may be demanded
and of the same grade as called for by receipt. The warehouse
operator, at the request of the owner or consignee, shall clean,
dry, mix or otherwise improve the condition or value of such the
grain, and it shall must be delivered separately from the grain
of any other owner or consignee upon the order of the owner or
consignee, in accordance with the terms of the warehouse receipt
issued therefor for it and endorsed by such the owner or
consignee; provided, that such. A special bin receipt, at the
request of the owner or consignee, may have printed or
stamped thereon on it the words "nonnegotiable" and the delivery
of the identical grain described therein shall in it must be a
sufficient delivery and satisfaction of such the receipt.
233.07 [INSPECTION AT PUBLIC TERMINAL WAREHOUSE.]
All grains Grain received at a public terminal warehouse
shall must be inspected and graded at the time of its receipt by
an inspector licensed by the United States department of
agriculture under the provisions of the United States grain
standards act at the time of its receipt, provided such if the
grain has not previously been inspected by an a licensed
inspector so licensed, and further provided. No inspection
shall be is required of grain being moved between elevators
owned or operated by the same person, firm, or corporation.
Interested parties have the right of reinspection and appeal is
hereby expressly preserved to all interested parties.
233.08 [LICENSE.]
No public terminal warehouse shall may be operated or
receive grain for storage, either to be mixed with the grain of
other parties of like grade, or in separate bins, until the
owners or parties in charge and operating the warehouse shall
first obtain a license from the department authorizing the
warehouse operator to operate a warehouse under the provisions
of this chapter. All Licenses issued or renewed annually shall
expire at midnight on the 30th day of June 30 next following the
date of issuance or renewal. Before any a license shall may be
issued, written application shall must be made to the department
for a license specifying the kind of warehouse, the nature of
its construction, its capacity and location, the name of the
firm or corporation operating the same and it, each member of
the firm or officer of the corporation, and other facts as the
department may require shall be contained in the
application requires. The department shall act on the
application shall be acted upon with reasonable dispatch by the
department; and,. If no reason exists for refusing the same
application, a license may must be issued upon the payment of
the fee set by the commissioner. The amount of the fee shall
must be set to cover the costs of administering and enforcing
this chapter.
A license shall may be granted issued only upon the
warehouse operator furnishing to the department a bond to the
state of Minnesota, to be approved by the department, in a penal
sum to be fixed by the department but not less than $50,000 for
each warehouse, which shall be. The bond must be conditioned
for on the faithful discharge of the duties of warehouse
operator and full compliance with all the laws of the state and
rules of the department relative to the operation of public
terminal warehouses and for the delivery to parties storing
grain in such the warehouses under the terms of this chapter of
the grain or, an equal amount of the same kind and grade so of
grain stored, or the payment therefor of the value of the grain
in case of failure to make the delivery.
The A license may be revoked by the department for
violation of the law or any a rule prescribed by of the
department, but shall may only be revoked upon a written notice
or complaint specifying the charges and after a hearing had
before the department. A license may be refused to any a
warehouse operator whose license has been revoked within the
preceding year. If a warehouse operator applies for a license
for more than one warehouse in the same county, but only one
bond need needs to be furnished but the same shall in all cases
bond must be in proportion to the capacity of all warehouses.
Fees collected under this chapter shall must be paid into
the grain buyers and storage fund established in section 232.22.
233.09 [STATEMENT OF GRAIN IN WAREHOUSE; REPORTS.]
Every terminal A warehouse operator shall post
conspicuously in the operator's business office, on or before by
Tuesday morning of each week, a statement of the amount of grain
of each kind and grade in store in the warehouse at the close of
business on the preceding Saturday and render send a like
similar statement, verified by the operator or a bookkeeper
having personal knowledge of the facts, to the warehouse
registrar of the department. The operator shall also make a
daily statement to the registrar of:
(1) the amount of each kind and grade of such grain
received in store in the warehouse the preceding day;
(2) the amount shipped or delivered, and the warehouse
receipt canceled on such the delivery, stating the number of
each receipt and the amount, kind, and grade of grain shipped or
delivered thereon on it;
(3) the amount, kind, and grade of grain delivered for
which no warehouse receipt was issued and how and when the same
grain was received, the aggregate of such reported cancellation
and delivery of unreceipted grain corresponding in amount,
grade, and kind with the shipments and deliveries reported;
and at the same time report
(4) the receipts canceled upon issue of new ones, with the
number of each such canceled receipt canceled and that the one
issued in its place.
The operator shall also furnish the registrar any further
information regarding receipts issued or canceled necessary
for a correct record of all such the receipts and of grain
received and delivered and make a further. The operator shall
send a verified statement to the department of the condition and
management of any each terminal warehouse under the operator's
control, at such the times and in such the form as the
department may require requires.
233.10 [PUBLICATION OF RATES; CHARGES FOR HANDLING AND
STORING GRAIN.]
Every A warehouse operator operating a "public terminal
warehouse" located within the switching limits of St. Paul,
Minneapolis, Duluth, or other terminal point pursuant to points
under section 233.01, subdivision 3, shall annually, during the
first week in July, publish in some newspaper, daily if there be
one, published in the place where the warehouse is situated, a
schedule of storage rates for the ensuing year, which shall.
The schedule must be published during the first week in July in
a newspaper published in the place where the warehouse is
situated. The newspaper in which the rates are published must
be a daily, if there is one. The rates may not be increased
during such the year, and no discrimination in the warehouse
operator may not discriminate in applying rates shall be made by
any such warehouse operator. The charges for receiving,
handling, and delivering grain at such a warehouse and the
charges for storing grain in such a warehouse shall must be
fixed by the department, subject to the provisions of Minnesota
Statutes 1969, chapter 15.
233.11 [INSPECTION.]
Every A person having who has an interest in any grain
stored in any such a public terminal warehouse, and every a
state grain inspector, shall have the right to examine stored
grain and all parts of the warehouse at all times during
ordinary business hours any grain so stored, and all parts of
such warehouse; and every such. The warehouse operator and the
operator's agents and servants shall furnish proper facilities
for such an examination under this section.
233.12 [RIGHTS OF OWNER AND SHIPPER; EXTENDED TO OTHERS.]
Every A right and or privilege granted by this chapter to
the owner or shipper of grain for storage in a public terminal
elevators warehouse and the rights a right granted to such
that owner while the same grain remains in and is removed from
such elevator the warehouse, shall be and hereby is extended to,
and may be exercised by, an individual or association of
individuals, copartners, cooperative company or association, or
corporation, and every. A right and or privilege granted by
this chapter granted to citizens, associations, or corporations
in this state may be exercised by any a citizen, association, or
corporation of any other another state and such citizen,
association, or corporation of any other state shall have
and who may exercise the same rights and privileges as citizens,
associations, or corporations of this state and be subject to
the same restrictions and liabilities.
233.22 [WITHHOLDING GRAIN.]
The owner or consignee of grain consigned to a public
terminal warehouse may have the same grain withheld from storage
and delivered to or at the direction of the owner or consignee
by giving notice to the carrier in possession thereof, who
possesses the grain and to the warehouse operator to whom such
the grain was consigned, and paying all charges that may be a
lien thereon on the grain. Such The grain shall must be
removed within 24 hours after the car or boat containing the
same it is placed in a proper and convenient place for unloading.
If the grain be is delivered contrary to such the notice, such
the warehouse operator, and the carrier so delivering the same,
shall be grain are jointly and severally liable to the owner for
double its value.
233.23 [UNAUTHORIZED STORAGE.]
No contract, agreement, understanding, or combination shall
may be entered into between any public a warehouse operator and
any a common carrier or other person for the delivery of any
grain at any a public terminal warehouse contrary to the
direction of the owner, nor shall any. No grain may be so
delivered or received contrary to the direction of the owner.
233.24 [INSPECT SCALES.]
All Scales in public terminal warehouses or scales used for
weighing grain in railroad yards at terminal points shall be are
under the control of the department of agriculture and subject
to inspection by it, and are exempt from the jurisdiction of
sealers of weights and measures. They shall must be inspected
at the request of any a person interested in any grain weighed
or to be weighed thereon on them. If scales are found to be
incorrect, the cost of inspection shall must be paid by the
their owner thereof; otherwise or by the person requesting
inspection. No scales found to be incorrect shall may be used
until they are reexamined and found correct.
233.33 [POLICE PROTECTION.]
Subdivision 1. [PROTECTION TO GRAIN.] All Railroad
companies, warehouse operators, and millers operating at the
terminal points of this state shall furnish ample and sufficient
police protection at all of their several terminal yards and on
their terminal tracks to securely protect all cars containing
grain, while the same are in their possession, shall prohibit
and restrain all unauthorized persons, whether under the guise
of samplers, sweepers, or under any other pretext whatever, from
entering or loitering in or about their respective railroad
yards or tracks and from entering any cars of grain under their
control, or removing grain therefrom from the cars, and shall
employ and detail such number of security guards as may be
necessary for the purpose of carrying out the provisions of to
carry out this section.
Subd. 2. [VIOLATIONS AND PENALTIES.] Any A railroad
company, warehouse operator, or miller operating at any a
terminal point of this state, who shall fail fails to comply
with the provisions of this section, and any is guilty of a
misdemeanor. An unauthorized person, who shall remove removes
grain from a car before said the car is unloaded, or who shall
sweep sweeps or remove any removes grain from a car after it is
unloaded at any a terminal point in this state, shall be is
guilty of a misdemeanor.
ARTICLE 4
Section 1. Minnesota Statutes 1988, chapter 234, is
amended to read:
234.01 [PURPOSE.]
The purpose of this chapter shall be is to provide the
owner of grain in this state with means of warehousing same the
grain on the farm, under proper restrictions and safeguards, as
a basis for credit and to aid in the orderly marketing thereof
of the grain.
[234.015] [DEFINITION.]
As used in this chapter, "department" means the department
of agriculture.
234.03 [DUTIES OF DEPARTMENT.]
The department is hereby authorized and it is hereby
declared to be its duty to shall carry out the provisions of
this chapter, and to this end it is hereby authorized to may:
(1) make and promulgate such rules not inconsistent
herewith as shall be that are necessary or desirable effectually
to carry out the provisions hereof this chapter and consistent
with it;
(2) make such reasonable and necessary rules with respect
to about the construction and maintenance of granaries, cribs,
bins, or other receptacles as may be necessary to protect the
grain stored therein in them under the provisions of this
chapter; and
(3) prepare and have printed under the same conditions as
other state printing the necessary blanks, forms, and other
printed matter and make such charges to persons desiring such
printed matter as shall, charging a fee for the printed matter
that will meet the cost of production thereof.
234.04 [MAY APPOINT SUPERVISORY BOARDS.]
The department is authorized to may appoint such local
supervisory boards for any a county or counties which it may
deem when the department considers them necessary for the
purpose of supervising generally and to supervise, under the
direction of the department, grain in storage, the issuance of
certificates against such the grain, and carrying out of the
purposes and enforcing the provisions of this chapter.
Such Local supervisory boards shall consist of not less
than three nor more than seven members, each of whom shall be is
a producer of grain in the state and a Minnesota resident
thereof. Each member, upon appointment, shall qualify by taking
oath similar to that required of public officials and shall
continue in office until a successor is appointed by the
department, which shall also have authority to. The department
may fill any vacancies arising by reason of the resignation,
death, or removal by it of any such a member or members.
Each such The members of a local supervisory board shall
select such officers, keep such records, and perform such duties
as the department may prescribe requires.
234.05 [PRIVILEGES OPEN TO ALL.]
The privileges of This chapter shall be open to covers all
owners upon the same conditions equally. Any An owner desiring
to place grain in storage and have certificate or certificates
issued against such the grain under the provisions of this
chapter shall make application therefor apply to the department
in the manner and upon the forms provided by it for that purpose.
234.06 [MAY APPOINT LOCAL SEALER.]
The department may, upon the recommendation of any a local
supervisory board appointed by it hereunder, or upon the request
in writing of ten or more producers of grain, appoint a local
sealer or sealers for any all or part of a county or counties or
part thereof, and every such. A sealer so appointed shall have
under this section has the same authority as a peace officer
with respect to the provisions of this chapter, and the rules
promulgated hereunder adopted under it, and the its enforcement
hereof as any officer of the peace.
234.07 [BOND OF SEALER.]
Each A sealer shall furnish bond for the faithful
performance of all duties in such an amount as shall be
determined by the department, but in no event shall such. The
bond may not be in an amount less than $1,000. The Bonds and
sureties thereon shall, in every case, be on bonds are subject
to approval of the department and must be deposited with it, and
in case it. If a bond is not a personal bond, the premium
thereon shall on it must be paid by the department out of the
funds collected under this chapter. The sealer shall
also qualify by taking take an oath similar to that required of
public officials.
234.08 [DUTIES OF SEALER.]
It shall be the duty of the sealer Under the direction of
the department to, a sealer shall:
(1) supervise the storage of grain;
(2) ascertain the amount stored by each owner who shall
desire wants to take advantage of the privileges of come under
this chapter;
(3) determine so far as possible upon the basis prescribed
in the rules issued hereunder the exact grade and
quantity thereof of stored grain, so far as possible under rules
made under this chapter;
(4) ascertain, prior to the issuance of any before issuing
a certificate, that the bin, crib, granary, or other receptacle
in which the grain is stored is satisfactory for the storage
of such that grain and that such the receptacle conforms to the
applicable rules applicable thereto promulgated by of the
department.
The A sealer shall, before delivering a certificate to the
an owner, ascertain that there are no other certificates
outstanding upon the grain and seal the granary, crib, bin, or
other receptacle in which the grain is stored in the manner
hereinafter as provided, and thereafter in this chapter. The
sealer shall then make periodic inspections of the granaries,
cribs, bins, or other sealed receptacles so sealed at such times
and in such the manner as the department may determine;
requires, but in no event less frequently than at 90-day
intervals, rendering at least once every 90 days. The sealer
shall send to the department with reference to subsequent
inspection, and to the owner when requested, a report or
affidavit concerning each periodic inspection in such the form
as may be required in regard to by the department. The report
must cover the amount and condition of the grain under seal and
the condition of the structure within which it is stored.
234.09 [SEALER MAY INSPECT GRAIN.]
The sealer shall have authority at all times to enter upon
any premises for the purpose of inspecting to inspect grain in
storage or in the granary, crib, bin, or other receptacle in
which it shall have has been stored and the. Acceptance of a
certificate by any an owner shall be deemed is consent
thereafter for the sealer or any a person duly authorized
thereunto by the department to enter and inspect the sealed
grain and the receptacle wherein in which it is stored.
234.10 [SEALS.]
Seals employed hereunder shall under this chapter must be
furnished by the department and shall contain the following
language:
"Sealed by authority state of Minnesota, department of
agriculture.
Any person tampering with this seal or removing any grain
herein shall be subject to a fine and imprisonment as provided
by law.
Consecutive No............."
234.11 [CERTIFICATES.]
Certificates shall must be upon forms to be prepared and
furnished by the department and every certificate must embody
within its written or printed terms contain:
(1) the date and consecutive number thereof of the
certificate;
(2) a particular description of the granary, crib, bin, or
other receptacle in which the grain is stored and of the
premises on which it is located;
(3) a description of the grain as may be required by the
rules issued hereunder made under this chapter;
(4) the name of the owner or owners, whether ownership is
sole, joint, or in trust, and in case of tenants, the date of
the expiration of the lease;
(5) a statement that no other certificates are outstanding
on the grain represented thereby by the certificate;
(6) a statement whether grain will be delivered to the
bearer, to a specified person, or to a specified person or the
person's order, and at what place it will be delivered;
(7) a facsimile signature of each of the members of the
department and the counter signature of the sealer;
(8) a statement of any loans or other indebtedness which
that in any manner constitutes a lien, whether statutory or
contractual, including both a mortgage and or landlord's lien
upon the grain; and
(9) the form of waivers of liens.
234.12 [OWNER TO EXERCISE REASONABLE CARE.]
No term or condition shall may be inserted in any a
certificate, whether negotiable or otherwise, which shall in any
manner purport that purports to relieve the owner from
exercising that degree of care in the safekeeping of the grain
in storage which a reasonably prudent person would exercise with
regard to similar property that person owns.
234.13 [MAY ISSUE MORE THAN ONE CERTIFICATE.]
The sealer may issue to the owner one or more certificates,
as herein provided, under this chapter but each such certificate
shall must cover a separate granary, crib, or bin.
234.14 [CERTIFICATE TO BE IN QUADRUPLICATE.]
All Certificates issued hereunder shall under this chapter
must be issued in quadruplicate, with three copies marked
"Duplicate -- No Value." The original and one duplicate
copy shall must be delivered to the owner and the other
duplicate copies shall must be filed with the department, or the
local supervisory warehouse board for the county in which the
grain is stored if any such a board has been
established hereunder in the county under section 234.04.
234.15 [OWNER TO DELIVER DUPLICATE.]
An owner who negotiates the original certificate shall at
the same time deliver to the assignee the duplicate or the
receipt of the county recorder for the same certificate. Such
The assignee may file the duplicate in the office of the county
recorder of the county in which the grain is located which. The
duplicate shall must remain in the custody of the county
recorder, except as hereinafter provided subject to exceptions
in this chapter.
234.16 [DUPLICATE FILED WITH COUNTY RECORDER.]
When If a duplicate is filed in the office of the county
recorder, the recorder shall index the same it in the chattel
mortgage index or other suitable index book showing the date of
the certificate, the its number thereof, to whom it was issued,
and the kind, quantity, and location of the grain. The recorder
shall collect 35 cents for each certificate indexed. The filing
and indexing of such a certificate shall impart gives the same
notice as the filing and indexing of a chattel mortgage.
234.17 [ASSIGNMENTS MAY BE FILED.]
When If the owner or holder of a certificate makes written
assignment thereof assigns it in writing, the county recorder
shall on request of the assignee enter a copy of such the
assignment upon on the duplicate in the recorder's office and
enter upon in the index book the date of the assignment, and the
names of the assignor and the assignee. The recorder shall
collect 25 cents for each assignment entered.
234.18 [CANCELLATION OF CERTIFICATES.]
The owner may secure the cancellation of have a certificate
canceled by delivering the original to the department or the
board by which it was issued with the request that it be
canceled. The department or board shall stamp the original
"canceled" with the date of such the cancellation and retain
same keep it. Upon notice in writing from the department or
board issuing the a certificate that it has been canceled, the
county recorder shall release the duplicate filed of record
without charge.
234.19 [OWNER TO DELIVER GRAIN.]
The owner shall, In the absence of some a lawful excuse
provided by this chapter, the owner shall deliver the grain
stored upon demand by the holder of the certificate of the
grain, if such the demand is accompanied by an offer to
surrender the certificate.
234.20 [EXCUSE FOR REFUSAL.]
In case If the owner refuses or fails to deliver the goods
in compliance with a demand by the holder of a certificate so
accompanied that complies with section 234.19, the burden shall
be is upon the owner to establish the existence of a lawful
excuse for such the refusal.
234.21 [EXPENSE OF SUPERVISION.]
For the purposes of defraying To defray the expenses of
supervision, the owner shall pay a fee at the time of sealing to
the department or the local supervisory board of the county in
which the grain is stored, if any, at the time of sealing an.
The amount of the fee must be determined by the rules issued
hereunder, but in no event to made under this chapter, but may
not exceed one cent per bushel for grain inspected and sealed by
the sealer. Out of the funds thus created, the compensation of
the sealer as fixed by the department shall must be paid by it
or by the board of the county in which the grain is stored,
subject to its approval.
234.22 [FEES FOR SEALER.]
In the exercise of the power and functions of an officer of
the a peace officer in connection with the provisions of this
chapter, the sealer is entitled to the same fees as are provided
by law for the performance of similar duties.
234.23 [VIOLATION; PENALTY.]
Any A person unlawfully removing, breaking, or in any
manner interfering or tampering with any a seal, lock, or other
fastening placed upon any a granary, crib, bin, or other
receptacle for grain under the provisions of this chapter,
except when such the removal shall be rendered is imperative to
prevent the damage, loss, or destruction of stored grain stored
therein, shall be is guilty of a crime and punished punishable
by a fine of not less than $100 or more than $700 or by
imprisonment in the county jail for not more than six months, or
by both such fine and imprisonment.
234.24 [FRAUDULENT CERTIFICATES.]
An owner, the agent or servant of an owner, or any a member
of any a board, or any a sealer, who fraudulently issues or aids
in fraudulently issuing a certificate for grain, knowing that it
contains any a false statement, shall be is guilty of a crime;
and, upon conviction, punished for each offense. Each offense
is punishable by imprisonment in the county jail not exceeding
for up to one year or by a fine not exceeding of up to $3,000,
or by both.
234.25 [VIOLATIONS; PENALTIES.]
Subdivision 1. [UNLAWFUL DELIVERY.] An owner, or any an
officer, agent, or servant of an owner, who delivers grain out
of the possession of such the owner, knowing that a negotiable
certificate, the negotiating of which would transfer the right
to the possession of such the grain, is outstanding and
uncanceled without obtaining the possession of such the
certificate at or before the time of such the delivery shall,
except when ordered by the court as hereinbefore provided, be
found is guilty of a crime; and on conviction punished for each
offense. Each offense is punishable by imprisonment in the
county jail not exceeding for up to one year or by a fine not
exceeding of up to $3,000, or by both such imprisonment and
fine.
Subd. 2. [OTHER UNLAWFUL ACTS.] Any owner who shall, After
the issuance and negotiation of a certificate for grain in
storage, take, sell, mortgage, pledge, hypothecate an owner who
takes, sells, mortgages, pledges, hypothecates, or
otherwise encumber encumbers, or attempt attempts to take, sell,
mortgage, pledge, or otherwise encumber, the said grain, or who
shall take or remove removes it from the its receptacle where
standing, shall be is guilty of a crime; and upon conviction
thereof subject to. Each offense is punishable by a fine of not
less than $100 nor more than $3,000 or be imprisoned by
imprisonment in the county jail for not more than one year, or
be punished by both such fine and imprisonment.
234.27 [UNIFORM COMMERCIAL CODE TO APPLY.]
All The provisions of article 7 of the uniform commercial
code, relative to the negotiation, transfer, sale, or
endorsement of warehouse receipts, shall, so far as possible,
apply, to the extent possible, to the negotiation, transfer,
sale, or endorsement of the certificates provided for herein
under this chapter.
For the purpose of application of the uniform commercial
code:
(a) A certificate authorized by the department which
evidences the storing of grain under the provisions of this
chapter is a document of title as defined in section 336.1-201,
clause (15); and.
(b) A person who has title to and possession of any grain
stored under the provisions of this chapter is a warehouse
operator as defined in section 336.7-102, clause (1)(h).
ARTICLE 5
Section 1. Minnesota Statutes 1988, chapter 235, is
amended to read:
235.01 [SUPERVISION OVER GRAIN.]
The department of agriculture shall exercise general
supervision over supervise the grain interests of the state and
of; buying, selling, handling, and storage of grain,; and of
the management of public warehouses and public grain markets,
including chambers of commerce, boards of trade, and grain
exchanges;. The department shall investigate, on complaint or
upon its own motion, all cases of fraud and injustice in the
grain trade, unfair practices, or unfair discrimination in the
buying or selling of grain; have the power to. The department
may compel the discontinuance of such unfair practices or unfair
discrimination; in grain transactions and make all proper rules
for carrying out and enforcing the provisions of all state laws
of the state relating to such subjects covered by this section.
235.02 [GRAIN INCLUDES FLAX SEED AND SOYBEANS.]
The term "grain" wherever used In chapters 216 to 235,
"grain" includes flax seed and soybeans.
235.04 [OVERLOADING GRAIN CARS.]
Every A railway company shall place painted lines inside of
each of its cars used for the carriage of grain, indicating the
height to which the various kinds of grain may be loaded
therein, and in that car. No car shall may be loaded with any
a kind of grain above its appropriate line. The person
loading such a car shall state in the bill of lading, prior to
its being before it is signed by the agent of the railway
company, that the car is loaded to or below the line, and such
the railway agent, before signing the bill, shall verify the
statement. The A signed bill of lading, so signed, shall be is
prima facie evidence of the loading, and no charges for loading
in excess of the quantity so limited shall lie may be made
against such that car.
No A railway company that fails to equip any a car as
aforesaid shall in accordance with this section may not collect
any charges for the transportation of grain in the car above the
regular tariff rates for carload lots. Every A person who shall
load any loads a car above the appropriate line and every an
agent of any a railway company who shall refuse refuses to sign
any such a bill of lading shall be is guilty of a misdemeanor
and punished, punishable by a fine of not less than $10 nor more
than $25.
235.05 [CARRIERS' RECEIPTS; PENALTY FOR FAILURE TO GIVE.]
Every A common carrier transporting grain shall give the
shipper on request a receipt for the number of pounds of grain
received from the shipper and deliver such that quantity to the
consignee or proper connecting carrier, less loss from
transportation, not to exceed of no more than 60 pounds to
each per car.
Such The carrier shall forfeit forfeits to the state for
each refusal to give such a receipt not less than $10 nor more
than $50 and for each failure to deliver the proper quantity of
grain not less than $50 nor more than $200.
235.06 [ELEVATOR CHARGES, WHEN FORBIDDEN.]
No railroad company shall may charge or collect elevator or
other charges for handling grain or for the use of any an
elevator when such grain is loaded by the shipper and not passed
through an elevator, or make any a distinction in charges of any
kind against a person shipping grain otherwise than through an
elevator.
235.07 [DELIVERY FOR STORAGE A BAILMENT.]
The delivery of grain to any a warehouse operator for
storage, although it be is mingled with that of others, or
shipped or removed from the original place of storage, shall be
deemed is a bailment, and not a sale.
235.08 [WAREHOUSE RECEIPTS; NUMBERING.]
All Warehouse receipts for grain issued by the same
warehouse shall must be consecutively numbered, and. No two
receipts bearing the same number shall may be issued from the
same warehouse during any one a year, except in case of a lost
or destroyed receipt,. In which that case, the new receipt
shall must bear the same date and number as the original, and
shall must be plainly marked on its face "Duplicate."
235.09 [UNLICENSED WAREHOUSES.]
Any A person or corporation operating such a warehouse
without a license shall forfeit forfeits to the state for each
day's operation $50 and such the operation may be enjoined upon
complaint of the department.
235.10 [UNLAWFUL DISCRIMINATION IN SALE OR PURCHASE OF
GRAIN.]
Any A person, firm, copartnership, or corporation engaged
in the business of buying grain, either for itself or
others, who shall may not, with the intention of creating a
monopoly or destroying the business of a competitor,
discriminate between different sections, localities,
communities, or cities of this state, by purchasing such grain
of a particular grade and condition at a higher price or rate in
one locality than is paid for grain of same grade and condition
by the purchaser in another locality after making due allowance
for the difference, if any, in actual cost of transportation
from the locality of purchase, to the locality of manufacture,
use, or distribution, shall be deemed guilty of. Violation of
this section is unfair discrimination; and upon conviction
thereof punished, punishable by a fine not exceeding up to $700
or by imprisonment in the county jail not to exceed up to six
months.
235.13 [VIOLATIONS; PENALTIES.]
Any person who shall violate any of the provisions
Violation of chapters 216 to 235, where if no specific penalty
is prescribed shall be guilty of, is a gross misdemeanor; and
upon conviction punished, punishable by a fine of not less than
$50 nor more than $700. Any corporation which shall violate any
such provision shall forfeit to the state for each violation not
less than $50 nor more than $700.
235.18 [ENFORCEMENT.]
The department shall enforce the provisions of section
235.10 and, in so doing, shall have and exercise using all
the its legal powers heretofore conferred upon it by law.
ARTICLE 6
Section 1. Minnesota Statutes 1988, chapter 236, is
amended to read:
236.01 [DEFINITIONS.]
Subdivision 1. [SCOPE.] For the purposes of The
definitions in this section apply to sections 236.01 to 236.09,
the following terms shall have the following meanings.
Subd. 2. [PERSON.] "Person" includes any means an
individual, partnership, association, corporation, or joint
venture or combinations thereof a combination of these.
Subd. 3. [GRAIN BANK.] "Grain bank" means a
feed-processing plant which that receives and stores grain, the
equivalent of which, except as is otherwise permitted by section
236.04, it processes and returns to the grain's owner thereof,
in such amounts, at such intervals, and with such added
ingredients, as that are mutually agreeable to the grain's owner
thereof and the person operating the plant.
Subd. 4. [GRAIN BANK RECEIPT.] "Grain bank receipt" means
a nonnegotiable receipt issued to the owner of the grain or the
owner's agent.
Subd. 5. [DEPARTMENT.] "Department" means the Minnesota
department of agriculture.
236.02 [GRAIN BANK LICENSING; BONDING OF APPLICANTS.]
Any Subdivision 1. [LICENSING REQUIREMENT.] A person who
(1) operates an establishment which that processes grain into
feed and (2) is licensed to buy grain as a public or private
local grain warehouse operator under section 232.22 may obtain a
license to operate a grain bank. No person may conduct a grain
bank without a grain bank license.
Subd. 2. [ISSUANCE.] A grain bank license shall must be
obtained from the department, which is hereby authorized to.
The department may issue such a grain bank license upon
compliance by when the applicant has complied with the bond
requirements of sections 236.01 to 236.09. Such A grain bank
license shall be is required in addition to the a license to buy
grain as a public or private local grain warehouse operator
and shall empower permits the licensee to conduct a grain bank
in accordance with sections 236.01 to 236.09.
Every Subd. 3. [EXPIRATION; POSTING; REVOCATION.] Grain
bank license shall licenses expire at midnight on the 30th day
of June 30 each year. A license shall be is required for each
location where a grain bank is operated. Such Licenses shall be
are revocable by the department for cause upon notice and
hearing. All Licenses and rules regulating the operation of the
grain bank shall must be posted in a prominent and easily
accessible place in the grain bank.
Subd. 4. [FEES.] The license fee shall must be set by the
commissioner in an amount sufficient to cover the costs of
administering and enforcing this chapter. Fees collected under
this chapter shall must be paid into the grain buyers and
storage fund established in section 232.22.
No Subd. 5. [BOND.] A license shall may not be issued
for the operation of a grain bank until the applicant has filed
with the department a bond in such a sum as set by the
department may prescribe, which sum shall. The bond may not be
less than $1,500 for each license and shall must at all times be
in sufficient sum large enough to protect the holders of
outstanding grain bank receipts. Such Bonds shall must be filed
annually and cover the period of the grain bank license. Such
Bonds shall must run to the state of Minnesota and shall be for
the benefit of all persons storing grain in such a grain bank.
They shall must be conditioned upon the faithful performance by
the grain bank operator of all the provisions of the law
relating to the operation of grain banks by such the grain bank
operator, and the related rules of the department relative
thereto. The department is authorized to may require such
increases in the amounts of such bonds from time to time as
it deems considers necessary for the protection of grain bank
receipt holders. The surety of such grain bank bonds shall must
be a corporate surety company authorized to transact business in
the state of Minnesota.
Any Subd. 6. [ACTION ON BOND.] A person for whose benefit
the bond is given may commence an action thereof in their own
name in district court.
Any Subd. 7. [SINGLE BOND.] A person who is granted a
grain bank license at more than one location may, with the
department's approval, file one bond covering all locations
in such a total amount as the department may require requires
under sections 236.01 to 236.09 and the rules made pursuant
to under sections 236.01 to 236.09. Any A person, firm, or
corporation licensed as a public local grain warehouse operator
and bonded under the provisions of section 232.13 may include
liability for outstanding nonnegotiable grain bank receipts
under the coverage of such that bond in lieu of securing a
separate grain bank bond as provided in under this section.
236.03 [GRAIN BANK RECEIPT; CONTENTS.]
A grain bank receipt, authorized by the department, shall
must be issued for each delivery of grain to the grain bank.
Each receipt shall must contain the name and address of the
grain bank establishment, the name or names of the person or
persons for whom the grain is delivered to the grain bank, the
kind, quantity, and grade of grain which shall to be redelivered
to the owner of the grain, and other relevant factors as may be
required by the rules of the department.
236.04 [CHARGES.]
Grain for which a grain bank receipt is issued shall must
be received and stored for processing. Storage charges shall
must be paid by the owner at rates prescribed by section 232.23,
and acts amendatory thereof, from ten days after the date on
which the grain is delivered to the grain bank until the date
the grain or processed grain represented by a grain bank receipt
is redelivered to the owner of the grain. Storage charges shall
must be computed and recorded at the time of the redelivery of
grain or processed grain to the owner or at the time of sale by
the owner. If grain evidenced by a grain bank receipt is not
processed or is not sold to the operator of the grain bank,
the grain's owner thereof or the owner's authorized agent may
obtain redelivery of grain of the kind, quantity, and grade
shown on the grain bank receipt which evidences such covering
that grain, if the owner or the authorized agent pays to the
grain bank operator a delivery charge in an amount prescribed
for delivery charges in public local warehouses by section
232.06, subdivision 1, and acts amendatory thereof. Nothing in
Sections 236.01 to 236.09, however, shall do not authorize the
storage of grain or the issuance of a grain bank receipt for any
grain which that is not intended, when received at the grain
bank, to be redelivered to the owner of the grain or an
authorized agent as a part of mixed or as otherwise processed
feeds within a reasonable time after such receipt.
236.05 [DUTIES OF GRAIN BANK OPERATOR.]
Subdivision 1. [INSURANCE.] The operator of the grain bank
shall keep all stored grain storage insured against loss by
fire, windstorm, and extended coverage risks for the account of
the owner and shall furnish the department with such the
evidence as it shall require requires that such the insurance
is in force.
Subd. 2. [RECEIPT AND STORAGE OF GRAIN.] The grain bank
operator shall determine the quantities, kinds, and grades of
grain to be received from a depositor, and grain equal to the
grade shown on the receipt to be due the owner of the grain on
redelivery shall must be used in the delivery back to the
owner. However, nothing herein shall prohibit Commingling of
like kinds of grain or and the addition to the grain of
materials used in the lawful formulation of mixed feeds are
permitted as may be required by the depositor of the
grain. Where If, through no fault of the grain bank operator,
redelivery of grain equal to the grade shown on the receipt
cannot be made, then redelivery to the owner of a lesser grade
may be made; provided if the operator pays to the owner in money
the difference in market value between the two grades.
Subd. 3. [DELIVERIES OF PROCESSED FEEDS.] Deliveries of
mixed or otherwise processed feeds formulated from grain bank
stocks shall must be at such intervals of time and in such
quantities as that are mutually agreeable to the grain owner
thereof and the grain bank operator.
Subd. 4. [SEPARATE RECORDS.] The operator of the a grain
bank shall keep separate records for each customer of the
balances which that remain between the grain bank operator and
the owner of grain who has deposited grain in the grain bank,
including but not limited to the charges made under section
236.04 and the figures which that support all balances shown.
Subd. 5. [GRAIN ON HAND.] The operator of the grain bank
must shall keep on hand at all times grain sufficient to cover
all outstanding storage receipts and outstanding grain bank
receipts balances.
236.06 [GRAIN BANK'S POSSESSORY LIEN.]
The operator of a grain bank shall have has a possessory
lien against grain represented by a grain bank receipt for all
charges and moneys money owed the operator by the owner of said
the grain as a result of the receiving, storing, processing, and
other activities performed by the operator for the owner as part
of the grain bank operation. In the event of any inconsistency
between the provisions of this section and those of the uniform
commercial code the provisions of, this section shall apply
applies.
236.07 [REPORTS.]
Every A person licensed to operate a grain bank under
sections 236.01 to 236.09 shall render to give the department on
blanks or forms prescribed by it such the reports as the
department reasonably may require, requires and such other
information as may be provided for required by the rules of the
department.
No license shall may be issued to any a licensed grain bank
operator who has failed to make the reports as required herein
in this section.
The department may cause have each grain bank and the, its
business thereof, and the mode of conducting the same to be its
business inspected by one or more of its members or by its
authorized agent when deemed inspection is considered proper,
and. The property, books, records, accounts, papers and
proceedings of each grain bank shall are subject to inspection
at all times during business hours be subject to inspection.
236.08 [RULES BY DEPARTMENT.]
The department is hereby authorized to promulgate in the
manner provided by law such may make rules that are reasonably
necessary relative to grain bank operations as are reasonably
necessary.
236.09 [PENALTIES FOR VIOLATIONS.]
Any A person who shall violate the provisions of violates
sections 236.01 to 236.09 or the valid rules made by the
department under sections 236.01 to 236.09 shall be is guilty of
a misdemeanor. If the department may, whenever it finds after a
hearing that any of the provisions of a person licensed to
operate a grain bank in this state has violated sections 236.01
to 236.09 or its valid rules made under sections 236.01 to
236.09 have been violated by any person holding a license to
operate a grain bank in this state, the department may suspend
or revoke such the license, and. In case of a revocation, no
new license shall may be granted to the person whose license
is so revoked nor to anyone directly or indirectly engaged
in the said that business for a period of one year.
ARTICLE 7
Section 1. Minnesota Statutes 1988, chapter 366, as
amended by Laws 1989, chapter 1, section 3, is amended to read:
366.01 [POWERS.]
Subdivision 1. The supervisors of each town shall
constitute a board to be designated "The Town Board of
.............,." and any Unless provided otherwise, two
supervisors shall constitute be a quorum except. In towns
operating under option A in which case any, three shall
constitute be a quorum and except when otherwise provided. The
supervisors shall have charge of all the town affairs of the
town not by law committed to other officers by law. They shall
draw orders on the treasurer for the disbursement of to disburse
money to pay the town expenses, and for all to disburse money
raised by the town to be disbursed for any other purpose. They
may pay the premium upon the bond of a town officer where if the
surety is a corporation authorized by law to be a surety. In
lieu of individual bonds, the town board may provide for a
blanket position bonds furnished bond by a surety company to
cover officers required to furnish a bond if all the obligations
required by law or ordinance to be assumed by the principals and
the principals' sureties by an individual bond bonds are
included in the blanket position bond.
Subd. 2. They may by ordinance prohibit or license and
regulate the keeping of billiard, pool, and pigeonhole tables,
games of amusement, games of skill, juke boxes, roller skating
rinks, bowling alleys, circuses, shows, and theatrical
performances,. They may fix the price and time of continuance
duration of the license, and,. When in their opinion the public
interest requires it, they may revoke the license. Within any
platted residential area of the town, they may license and
regulate the presence or keeping of dogs or domestic animal pets
and may regulate or prohibit the discharge of firearms, when
deemed to be in the public interest.
Subd. 3. They may appropriate out of the general fund of
the town and draw orders on the treasurer for the disbursement
of to disburse money to pay the annual dues in the Minnesota
association of townships or a county unit that belongs to
the state association and to pay the actual and necessary
expenses of township town officers for meetings relating to town
business including meetings of township town associations.
Subd. 4. They may select and designate a bank as the
depository of town money for a time not extending beyond their
official term, on after the execution by such the bank of a
sufficient bond to the town to be approved by the board and
filed in the office of the town clerk, and thereupon. They may
then require the treasurer to deposit all or any part of the
town money in such that bank. Such The designation shall be in
writing, and set forth all the terms and conditions upon which
the deposits are made,. It shall be signed by the chair and
clerk, and filed with the clerk. The town treasurer shall not
be liable for the loss of money while so deposited, and in the
bank. All interest thereon on the money shall belong to the
town.
Subd. 5. They may acquire by gift or purchase, in the name
of the town, a tract of land, either within or without the
limits of outside the town for public dumping ground for the use
of the inhabitants of the town but. No such lands shall land
for public dumping ground may be acquired without the limits
of outside the town without the approval of the governmental
unit in which such lands are where the land is located. They
may thereafter maintain the dumping ground and, by resolution,
adopt rules and regulations for its use.
Subd. 6. They may make such agreements with other
counties, towns, statutory cities, governmental subdivisions,
individuals or corporations as they shall deem necessary for the
location, construction to locate, construct, or maintenance of
any such maintain the dumping ground.
Subd. 7. They may provide for the prosecution or defense
of actions at law or other proceedings in which the township
town may be interested, and they may employ counsel for the
purpose. Nothing contained in this subdivision shall limit any
powers conferred on town boards of supervisors by any other
provision of law.
Subd. 8. They shall designate one or more places in the
town as public places at which where legal notices shall be
posted, and provide facilities for posting notices at the
places; provided, that there. In a town which is located within
in the geographical limits of a city, one or more notices may be
posted in the city. The town board may waive the posted notice
requirements of any law but shall then instead provide for
notice to be published once each week for two successive weeks
in a newspaper of general circulation in the town.
Subd. 9. They may sell and convey or lease real or
personal property belonging to the town, not conveyed to and
required to be held by the town for a special purpose.
Subd. 10. They may declare that a violation of an
ordinance shall be is a penal offense and may prescribe the
penalties for violations, except as otherwise provided by law.
No penalty shall exceed that which is provided by law for a
misdemeanor, but the costs of prosecution may be added.
Subd. 11. [OPEN MEETING LAW; EXEMPTION.] Except for the
notice requirements, section 471.705 does not apply to a
gathering of town board members to perform on-site inspections,
if the town has no employees or other staff able to perform the
inspections and the town board is acting essentially in a staff
capacity.
366.015 [VOTE REQUIRED ON WEED DESTRUCTION.]
Subdivision 1. [BALLOT, CONTENTS.] The town board at the
annual town meeting may submit to a vote by ballot the following
question: "Shall persons owning who own or occupying occupy
real estate adjoining that adjoins a town road and is not a part
of an incorporated municipality be required to remove rocks in
excess of larger than five inches in diameter from and to cut,
destroy or remove all weeds, grass and other plants of up to
three inches in diameter growing that grow upon the town road
adjacent to their land?
Yes .......
No ........"
Subd. 2. [COST, LIEN ON LAND.] If a majority of the
electors voting on the question vote "Yes," a person owning who
owns or occupying occupies real estate adjoining that adjoins
a town road and is not a part of an incorporated municipality
shall cut, destroy or remove the material described on the
ballot located upon the town road adjacent to the owner's land.
A person who erects or maintains a mailbox on land not owned by
the person shall cut, destroy or remove the material within five
feet of such the mailbox. If any such a person fails to comply
with this provision, the town board of the town in which the
real estate is located may, after ten days notice in writing,
order the local weed inspector or other person to cut, destroy
or remove the weeds or grass and. The expense thus incurred
shall be a lien on such the real estate. The town board shall
certify to the county auditor an itemized statement of the
amount of the expense paid by the town and. The county auditor
shall enter such the amount on the tax books as a tax upon the
land, which shall be collected in the same manner as other real
estate taxes.
366.03 [REPAIR STATUTORY CITY STREETS.]
If any a statutory city included in the limits of a town
neglects to keep its streets in repair, the town board of such
the town may cause make repairs and improvements to be made on
any such a city street needed as a highway.
366.04 [TRANSFER FUNDS.]
The A town board of any town in this state by unanimous
vote thereof may transfer any a surplus beyond the needs of the
current year in any a town fund to any other town fund to supply
a deficiency therein.
366.05 [PROSECUTE BONDS, PENALTIES, AND FORFEITURES.]
The town board shall prosecute, in the name of the town and
for its benefit, all actions upon bonds given to the town, or to
it, the board or its predecessors in office for its benefit,
and. The board shall sue for and collect all penalties and
forfeitures, in respect to for which no other provision is made,
incurred by any officer or inhabitant of the town, and in like
manner. The board shall prosecute for any trespass on town
property. All moneys The money collected under this section
shall be paid to the town treasurer.
366.07 [TREASURER MAY SELECT DEPOSITORY.]
If the town board refuses or fails to act, as provided in
section 366.01, subdivision 4, within 30 days after the annual
town meeting, the treasurer shall select one or more
depositories a depository for the deposit and the safekeeping of
town funds and deposit town funds them in the name of the town,
obtaining security for the funds as provided in section 366.01,
subdivision 4.
366.08 [TREASURER NOT LIABLE, WHEN.]
The town treasurer, in the absence of negligence, shall not
be liable for the loss of moneys while so money deposited within
the limits above specified occasioned by the closing or
insolvency of a designated depository.
366.09 [INTEREST ON FUNDS.]
All interest received on funds deposited under the
provisions of sections 366.06 to 366.09 shall be credited to the
respective town funds.
366.095 [AUTHORITY TO ISSUE CERTIFICATES OF INDEBTEDNESS.]
Subdivision 1. [CERTIFICATES OF INDEBTEDNESS.] The town
board may issue certificates of indebtedness within the existing
debt limits for a town purpose otherwise authorized by law. The
certificates shall be payable in not more than five years
and shall be issued on the terms and in the manner as the board
may determine. If the amount of the certificates to be issued
exceeds 0.25 percent of the market value of the town, they shall
not be issued for at least ten days after publication in a
newspaper of general circulation in the town of the board's
resolution determining to issue them; and. If before the end of
within that time, a petition asking for an election on the
proposition signed by voters equal to ten percent of the number
of voters at the last regular town election is filed with the
clerk, the certificates shall not be issued until the
proposition of their issuance has been approved by a majority of
the votes cast on the question at a regular or special
election. A tax levy shall be made for the payment of to pay
the principal and interest on the certificates as in the case of
bonds.
Subd. 2. [BONDS; OTHER OBLIGATIONS.] Any A town authorized
to exercise powers under section 368.01 may issue bonds or other
obligations for the acquisition to acquire or betterment
of better warning systems. Bonds or other obligations
authorized by this subdivision must be sold, issued, and secured
in the manner as provided in chapter 475.
366.10 [ZONING REGULATIONS.]
The board of supervisors of any town may submit to the
legal voters of the town for their approval or rejection at any
an annual or special town meeting, the question as to whether or
not such the board shall adopt building and zoning regulations
and restrictions in the town. The board of supervisors in any a
town which has within its borders a hospital established in
accordance with Laws 1955, chapter 227, may submit to the voters
of the town for their approval or rejection at any an annual or
special town meeting, the question as to whether or not such the
board shall adopt building and zoning regulations and
restrictions in the town regulating the type of buildings that
may be built or occupations carried on within a radius of
one-half mile of such the hospital.
366.11 [BALLOTS.]
There The following question shall be printed on the
ballots for the election the following:
"Shall the board of supervisors adopt zoning and related
regulations and restrictions?
Yes............
No............"
The voters shall place a cross-mark in after one of the
above squares alternatives to express their choice. The ballot
shall be cast and counted during the same hours and in the same
manner as ballots for the election of the town officers of the
town and,. Except as herein expressly provided in sections
366.10 to 366.18, such the meeting and election shall be subject
to all the laws of this state regulating town meetings and
elections of town officers in the town.
366.12 [REGULATIONS.]
If a majority of the voters voting on such the question
vote "Yes," the town board shall be authorized and empowered to
may regulate:
(1) the location, height, bulk, number of stories, size of
buildings and other structures,
(2) the location of roads and schools,
(3) the percentage of lot which may be occupied,
(4) the sizes of yards and other open spaces,
(5) the density and distribution of population,
(6) the uses of buildings and structures for trade,
industry, residence, recreation, public activities or other
purposes, and
(7) the uses of lands for trade, industry, residence,
recreation, agriculture, forestry, soil conservation, water
supply conservation, or other purposes, and.
To carry out the provisions of this grant section it shall
issue building permits, and. It shall be unlawful to erect,
establish, alter, enlarge, use, occupy, or maintain any a
building, structure, improvement, or premises without first
having obtained such a building permit.
Before adopting any a regulation under this section the
board shall hold a public hearing on the matter with notice in
the manner as provided in section 366.15.
This section is subject to the provisions and limitations
of section 366.13.
366.13 [ZONING DISTRICTS.]
For any or all of these the purposes the board of
supervisors of any such town where of sections 366.10 to 366.18,
if a majority of the legal voters voting thereon on the question
have voted "Yes" at such an election under section 366.12, the
town board may divide the portions of the town into districts or
zones of such the number, shape, and area as may be deemed it
deems best suited to carry out the purposes of sections 366.10
to 366.18, and. Within such the districts or zones it may
regulate and restrict:
(1) the location, height, bulk, number of stories, size of
buildings and other structures,
(2) the location of roads and schools,
(3) the percentage of lot which may be occupied,
(4) the sizes of yards and other open spaces,
(5) the density and distribution of population,
(6) the uses of buildings and structures for trade,
industry, residence, recreation, public activities, or other
purposes, and
(7) the uses of land for trade, industry, residence,
recreation, agriculture, forestry, soil conservation, water
supply conservation, or other purposes.
All such The regulations shall be uniform for each class and
kind of buildings and for the use of land throughout each
district, but the regulations in one district may differ from
those in other districts.
No such The board of supervisors may not make any a
regulation prohibiting the erection, establishment, alteration,
enlargement, use, occupancy or maintenance of any a landing area
or airport as defined by the act of Congress known as the
federal Civil Aeronautics Act of 1938, owned by any a
municipality, political subdivision, or public corporation
created in and for any two or more municipalities, the operation
and use of which has been approved by the department of
transportation or by the Civil Aeronautics Board of the United
States, nor shall any and no permit under the provisions of
sections 366.10 to 366.18 shall be required for any such its
erection, establishment, alteration, enlargement, use, occupancy
or maintenance. Any Regulations heretofore made by any a board
of supervisors before April 20, 1943 prohibiting such erection,
establishment, alteration, enlargement, use, occupancy or
maintenance of airports are hereby abrogated and annulled.
Before adopting any a division or regulation under this
section the board shall hold a public hearing on the matter with
notice in the manner as provided in section 366.15.
366.14 [PURPOSE OF REGULATIONS.]
These Regulations shall be made in accordance with the
comprehensive plan, designed and enacted for the purpose of
promoting to promote the health, morals, convenience, order,
prosperity, or welfare of the present and future inhabitants
of any such the town, including, among other things,:
(1) lessening congestion in streets or roads or;
(2) reducing the wastes of excessive amounts of roads;
(3) securing safety from fire and other dangers;
(4) providing adequate light and air;
(5) preventing, on the one hand, excessive concentration of
population and, on the other hand, excessive and wasteful
scattering of population or settlement; and
(6) promoting such a distribution of population and such
classification of land uses and distribution of land development
and utilization as that will tend to facilitate and conserve
provisions for transportation, water flowage, water supply,
drainage, sanitation, educational opportunities, recreation,
soil fertility, food supplies, and protection of both urban and
nonurban development.
366.15 [DISTRICTS OR ZONES, AMENDMENT.]
The board of supervisors of any such town where a majority
of the legal voters voting thereon have voted "Yes" at such
election may, from time to time, amend the number, shape,
boundary, or area of any a district or zone, or any a regulation
of area within such a zone, or any a provision of the zoning
resolution. Before finally adopting any such an amendment the
board of supervisors shall hold a public hearing thereon on it,
after giving at least ten days notice of the time and place of
the hearing, which notice shall be given by at least one
publication in a newspaper of general circulation in the
county in which such where the town is located; provided, that.
No such change shall may be made in the boundary line of zones
or districts unless at least 50 percent of the owners of the
lands proposed to be changed shall file a petition for such the
change.
366.16 [TOWN BUILDING COMMISSIONER.]
The town board of supervisors of any such town where the
majority of legal voters voting thereon have voted "Yes" at such
an election may enforce these the regulations by withholding
building permits, and. For such the purposes of sections
366.10 to 366.18 it may establish and fill the position of town
building commissioner and fix the its compensation attached to
such position. In case any If a building or structure is or is
proposed to be erected, constructed, reconstructed, altered, or
used or any land is or is proposed to be used in violation of
sections 366.10 to 366.18 or of any a regulation or provision
enacted or adopted by the board of supervisors of any town under
the authority granted by sections 366.10 to 366.18, and such
election, such the board, the attorney of the county wherein
such where the town is situated, the town attorney, the town
building commissioner, or any adjacent or neighboring property
owner may institute an injunction, mandamus, abatement, or any
appropriate action to prevent or, enjoin, abate, or remove such
the unlawful erection, construction, reconstruction, alteration,
maintenance, or use.
366.17 [PLANNING AND ZONING COMMISSION.]
For the purpose of carrying To carry out the provisions of
sections 366.10 to 366.18, the town board of supervisors of any
such town where the majority of legal voters voting thereon have
voted "Yes" at such election may appoint a planning and zoning
commission, all of whom shall be freeholders;. The number of
such commissioners to shall be determined by the board. The
planning and zoning commission shall act as an adviser to such
the town board, and. The commission may be empowered to employ
a civil engineer or city planner as may be required for
establishing to establish the districts or zones of any parts of
such towns the town.
366.18 [EXISTING BUILDINGS NOT CHANGED.]
The zoning resolution, as adopted by the board of
supervisors of any such town or as subsequently amended, shall
not prohibit the continuance of the use of a building for any
trade or industry for which such building it was used at the
time when the resolution took effect or the alteration of or
addition to any an existing building or structure for the
purpose of carrying to carry on any a prohibited trade or
industry within in the zone where such structures are it is
located.
366.181 [VIOLATIONS; PENALTIES.]
Any A person who shall knowingly violate, infract, or
disobey any of the provisions violates a provision or the rules
rule of zoning regulations adopted by any town board pursuant to
Minnesota Statutes 1945, sections 366.10 to 366.18, shall be is
guilty of a misdemeanor.
366.19 [LICENSES.]
Any A person who shall exhibit any exhibits a circus,
theatrical performance, or show of any kind, or who shall keep
keeps a billiard, pool, or pigeonhole table, or a bowling alley
in any a town, without first obtaining a license therefor for
it, as provided in section 366.01, shall be is guilty of a
misdemeanor.
366.20 [MEETINGS.]
The town board shall constitute be a board of audit and
shall meet each year, on a date fixed by the town board, for the
purpose of auditing to audit and settling settle all charges
against the town. All unpaid accounts of town officers for
services rendered since the last annual meeting of the board
shall be presented at the meeting. It may also meet at any
other times for the purpose of auditing to audit and
settling settle charges against the town. No allowance of any
an account shall be made which does not specifically itemize the
account. A quorum for transacting business by the board of
audit shall be the same as for the board of supervisors.
366.21 [DUTIES.]
It shall be the duty of the board of audit:
(1) To examine and audit the accounts separately of each
town officer authorized by law to receive or disburse money;
(2) To examine and audit every account presented against
the town, and to endorse thereon and state on it the amount
allowed and disallowed, stating the items; and. No allowance
shall be made on any account which does not specifically give
each item, with the its date, amount, and nature thereof,
separately. (Such The statement shall be verified by the
claimant, the claimant's agent or attorney, and filed with the
town clerk, and. No such claim against any town shall be
considered or acted upon unless such the statement shall be is
made and filed);
(3) To examine into the character and circumstances of
every other demand presented against the town which it is not
authorized to audit, and in its report to give a summary thereof
of it, with its recommendations in regard thereto to it;
(4) To report in detail the items of accounts audited and
allowed or disallowed, the nature of each, and the person to
whom allowed, and the same in respect to accounts or disallowed.
Such The report shall also contain a statement of the
fiscal affairs of the town, with an estimate of the sum
necessary to be raised for the current expenses or other
authorized purpose for the ensuing year, and such other
recommendations as it may deem advisable.
366.22 [POSTING AND READING REPORT; FEE.]
The clerk shall post a copy of the report at the place of
holding the annual meeting at least half an hour before the time
for the annual meeting to convene. The report shall also be
publicly read by the clerk to the meeting, and. The whole
report or any portion thereof part of it may be referred by the
meeting to a committee, which shall examine the same and report
to the meeting thereon on it. For making the report the clerk
shall receive one-half of the fees allowed by law for making the
original report.
366.27 [FIREFIGHTERS' RELIEF; TAX LEVY.]
The town board of any a town in this state having therein
with a platted portion on which there reside where 1,200 or more
people, reside and wherein a duly an incorporated firefighters'
relief association is located may each year at the time when the
town tax levies for the support of the town are made and in
addition thereto also levy a tax not to exceed one-third of one
mill on all taxable property within the town for the benefit
of such relief the association.
ARTICLE 8
Section 1. [EFFECT OF CHANGES.]
The legislature intends the changes in the language of the
laws amended by this act to be exclusively changes in style. No
change is intended to alter or shall be construed by a court or
other authority to alter the meaning of a law.
If a section is amended by this act and also by another act
adopted in 1989 and the amendments cannot be edited together in
the next publication of Minnesota Statutes, the amendment by
this act shall be without effect.
Presented to the governor May 18, 1989
Signed by the governor May 19, 1989, 11:00 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes