Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 381-S.F.No. 1300 
           An act relating to agriculture; allowing exemption of 
          certain garbage from requirements for feeding to 
          livestock or poultry; providing for certain farm 
          loans; regulating excavations; regulating livestock 
          tests; amending Minnesota Statutes 1990, sections 
          35.73, subdivision 4; 41.55; 41.57, subdivision 3; 
          41B.036; 41B.039; and 216D.01, subdivision 5; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 35. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 35.73, 
subdivision 4, is amended to read: 
    Subd. 4.  [GARBAGE.] "Garbage" means animal or vegetable 
refuse, including all waste material, by-products of a kitchen, 
restaurant, or slaughter house, and refuse accumulation of 
animal, fruit, or vegetable matter, liquid or solid, but does 
not mean vegetable waste or by-products resulting from the 
manufacture or processing of canned or frozen vegetables or 
materials exempted under section 2.  
    Sec. 2.  [35.751] [EXEMPT MATERIALS PERMIT.] 
    Subdivision 1.  [PERMIT REQUIRED.] If it is considered by 
the board to be in the best interest of the livestock industry 
of the state and not detrimental to the public health, safety, 
or general welfare, the board may adopt rules authorizing an 
exempt materials permit for specified materials of a nonmeat 
nature.  No person may feed material exempted under section 
35.73, subdivision 4, to livestock or poultry without first 
securing a permit from the board, and no person may transport 
exempted material over the public highways of the state for the 
purpose of feeding it to livestock or poultry unless the person 
has a permit.  A permit must be renewed on or before July 1 each 
year. 
    Subd. 2.  [APPLICATION.] A person desiring a permit or the 
renewal of a permit under this section shall make written 
application to the board in accordance with its rules. 
    Subd. 3.  [REVOCATION; DENIAL.] Upon determination that a 
person who has a permit or who has applied for a permit issued 
under this section has violated sections 35.73 to 35.79 or any 
rules made under those sections, the board may revoke the permit 
or refuse to issue a permit to the applicant. 
    Sec. 3.  Minnesota Statutes 1990, section 41.55, is amended 
to read: 
    41.55 [ELIGIBILITY.] 
    A family farm security loan approval may be granted if the 
following criteria are satisfied: 
    (a) that the applicant is a resident of the state of 
Minnesota; 
    (b) that the applicant has sufficient education, training, 
or experience in the type of farming for which the loan is 
desired and continued participation in a farm management 
program, approved by the commissioner, for at least the first 
ten years of the family farm security loan; 
    (c) that the applicant and the applicant's dependents and 
spouse have total net worth valued at less than $75,000 and have 
demonstrated a need for the loan; 
    (d) that the applicant intends to purchase farm land to be 
used by the applicant for agricultural purposes; 
    (e) that the applicant is credit worthy according to 
standards prescribed by the commissioner.  
    Sec. 4.  Minnesota Statutes 1990, section 41.57, 
subdivision 3, is amended to read: 
    Subd. 3.  [ANNUAL REVIEW OF NET WORTH.] (a) The participant 
and the participant's dependents and spouse shall annually 
submit to the commissioner a statement of their net worth.  If 
their net worth in any year exceeds the sum of $135,000, the 
participant shall be ineligible for a payment adjustment in that 
year. 
    (b) The participant shall annually submit to the 
commissioner evidence of participation in an approved farm 
management program for at least the first ten years of the 
family farm security loan.  The commissioner may waive this 
requirement if the participant requests a waiver and provides 
justification. 
    Sec. 5.  Minnesota Statutes 1990, section 41B.036, is 
amended to read: 
    41B.036 [GENERAL POWERS OF THE AUTHORITY.] 
    For the purpose of exercising the specific powers granted 
in section 41B.04 and effectuating the other purposes of 
sections 41B.01 to 41B.23 the authority has the general powers 
granted in this section. 
    (a) It may sue and be sued. 
    (b) It may have a seal and alter the seal. 
    (c) It may make, and from time to time, amend and repeal 
rules consistent with sections 41B.01 to 41B.23. 
    (d) It may acquire, hold, and dispose of real or personal 
property for its corporate purposes. 
    (e) It may enter into agreements, contracts, or other 
transactions with any federal or state agency, any person and 
any domestic or foreign partnership, corporation, association, 
or organization, including contracts or agreements for 
administration and implementation of all or part of sections 
41B.01 to 41B.23. 
    (f) It may acquire real property, or an interest therein, 
in its own name, by purchase or foreclosure, where such 
acquisition is necessary or appropriate. 
    (g) It may provide general technical services related to 
rural finance. 
    (h) It may provide general consultative assistance services 
related to rural finance. 
     (i) It may promote research and development in matters 
related to rural finance. 
     (j) It may enter into agreements with lenders, borrowers, 
or the issuers of securities for the purpose of regulating the 
development and management of farms financed in whole or in part 
by the proceeds of qualified agricultural loans. 
     (k) It may enter into agreements with other appropriate 
federal, state, or local governmental units to foster rural 
finance.  It may give advance reservations of loan financing as 
part of the agreements, with the understanding that the 
authority will only approve the loans pursuant to normal 
procedures, and may adopt special procedures designed to meet 
problems inherent in such programs. 
     (l) It may undertake and carry out studies and analyses of 
rural financing needs within the state and ways of meeting such 
needs including:  data with respect to geographical 
distribution; farm size; the distribution of farm credit needs 
according to debt ratios and similar factors; the amount and 
quality of available financing and its distribution according to 
factors affecting rural financing needs and the meeting thereof; 
and may make the results of such studies and analyses available 
to the public and may engage in research and disseminate 
information on rural finance. 
     (m) It may survey and investigate the rural financing needs 
throughout the state and make recommendations to the governor 
and the legislature as to legislation and other measures 
necessary or advisable to alleviate any existing shortage in the 
state. 
     (n) It may establish cooperative relationships with such 
county and multicounty authorities as may be established and may 
develop priorities for the utilization of authority resources 
and assistance within a region in cooperation with county and 
multicounty authorities. 
     (o) It may contract with, use, or employ any federal, 
state, regional, or local public or private agency or 
organization, legal counsel, financial advisors, investment 
bankers or others, upon terms it deems necessary or desirable, 
to assist in the exercise of any of the powers granted in 
sections 41B.01 to 41B.23 and to carry out the objectives of 
sections 41B.01 to 41B.23 and may pay for the services from 
authority funds. 
     (p) It may establish cooperative relationships with 
counties to develop priorities for the use of authority 
resources and assistance within counties and to consider county 
plans and programs in the process of setting the priorities. 
     (q) It may delegate any of its powers to its officers or 
staff. 
     (r) It may enter into agreements with qualified 
agricultural lenders or others insuring or guaranteeing to the 
state the payment of all or a portion of qualified agricultural 
loans. 
    (s) It may enter into agreements with eligible agricultural 
lenders providing for advance reservations of purchases of 
participation interests in restructuring loans, if the 
agreements provide that the authority may only purchase 
participation interests in restructuring loans under the normal 
procedure.  The authority may provide in an agreement for 
special procedures or requirements designed to meet specific 
conditions or requirements. 
    (t) It may allow farmers who are natural persons to combine 
programs of the federal Agriculture Credit Act of 1987 with 
programs of the rural finance authority. 
    (u) From within available funds generated by program fees, 
it may provide partial or full tuition assistance for farm 
management programs required under section 41B.03, subdivision 
3, clause (7). 
    Sec. 6.  Minnesota Statutes 1990, section 41B.039, 
subdivision 2, is amended to read: 
    Subd. 2.  [STATE PARTICIPATION.] The state may participate 
in a new real estate loan with an eligible lender to a beginning 
farmer to the extent of 35 45 percent of the principal amount of 
the loan or $50,000, whichever is less.  The interest rates and 
repayment terms of the authority's participation interest may be 
different than the interest rates and repayment terms of the 
lender's retained portion of the loan. 
    Sec. 7.  Minnesota Statutes 1990, section 216D.01, 
subdivision 5, is amended to read: 
    Subd. 5.  [EXCAVATION.] "Excavation" means an activity that 
moves, removes, or otherwise disturbs the soil by use of a 
motor, engine, hydraulic or pneumatically-powered tool, or 
machine-powered equipment of any kind, or by explosives.  
Excavation does not include:  
    (1) the repair or installation of agricultural drainage 
tile for which notice has been given as provided by section 
116I.07, subdivision 2; 
    (2) the extraction of minerals; 
    (3) the opening of a grave in a cemetery; 
    (4) normal maintenance of roads and streets if the 
maintenance does not change the original grade and does not 
involve the road ditch; 
    (5) plowing, cultivating, planting, harvesting, and similar 
operations in connection with growing crops, unless any of these 
activities disturbs the soil to a depth of 18 inches or more; or 
    (6) landscaping or gardening unless one of the activities 
disturbs the soil to a depth of 12 inches or more; or 
    (7) planting of windbreaks, shelterbelts, and tree 
plantations, unless any of these activities disturbs the soil to 
a depth of 18 inches or more. 
    Sec. 8.  [MANDATORY ANAPLASMOSIS TESTING; REPORT.] 
    (a) The board of animal health must study the feasibility 
and consequences of eliminating mandatory anaplasmosis testing 
of breeding cattle entering Minnesota.  It must consult with 
veterinarians, livestock producers, and others interested in 
anaplasmosis control. 
    (b) Not later than February 1, 1992, the board of animal 
health must report to the agriculture committees of the 
Minnesota senate and house of representatives on the findings of 
the study in paragraph (a) and recommendations for changes in 
statute or rule. 
    Presented to the governor March 30, 1992 
    Signed by the governor April 1, 1992, 4:49 p.m.