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Minnesota Legislature

Office of the Revisor of Statutes

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.