piers109uk/MN-Statutes huggingface dataset:
35.824 APPLICATION FOR REGISTRATION; PENALTIES, DUPLICATE BRANDS.
The board shall prepare standard forms and supply the forms for distribution to those who desire to apply for a brand. The application must show a left and right side view of the animals upon which a mark or brand will be eligible for registry. The mark or brand location must be designated to the following body regions: head, bregma, right and left jaw, neck, shoulder, rib, hip, and breech. The applicant must select at least three distinct marks or brands listed in preferred order, and three locations on the animal listed in preferred order. The application must be properly signed and notarized and accompanied by a fee of $10. The mark or brand, if approved and accepted by the board, is valid during the ten-year period in which it is recorded. A person who knowingly places on an animal a mark or brand which has not been registered with the board and which is in duplication of a mark or brand that is registered with the board is guilty of a felony. "Duplication" means the use of a similar mark or brand, used in any position on the animal designated for the use of a registered mark or brand, such as the head, bregma, jaw, neck, shoulder, rib, hip, or breech. A person who alters or defaces a brand or mark on any animal to prevent its identification by its owner is guilty of a felony.
35.825 CHECKING OF APPLICATIONS; CONFLICTS.
Marks or brands received by the board must be held and listed by the board, which shall immediately check the mark or brand applications for conflicts. If a conflict is found, the fee and the conflicting application must be returned to the person making the application.
35.826 STATE BRAND BOOKS; REREGISTRATION OF MARKS, BRANDS.
All approved mark or brand applications must be sorted in a systematic manner and published in the state brand book. Supplements and revised brand books must be published at the discretion of the board. At least six months before expiration, all registered mark or brand owners and assignees must be notified in writing that their marks or brands will terminate in six months and that they must be renewed. A reregistration fee of $10 must be charged for the ensuing ten-year period or part of ten years. Failure to renew a mark or brand on or before the time specified, in accordance with sections 35.821 to 35.831, is an absolute abandonment to the state of the mark or brand. The board may not reissue a mark or brand abandoned under this section except to the original owner or, after a period of two years, to another applicant upon proper application.
35.828 EVIDENCE.
Marks or brands which appear in the state brand book or its supplements or which are registered with the board, are prima facie evidence of ownership and take precedence over similar marks or brands if the question of ownership arises. The owner whose mark or brand does not appear in the state brand book or its supplement and which is not registered with the board must produce evidence to establish title to the property in the event of controversy.
35.829 TRANSFER OF BRANDS.
Only brands registered with the board or appearing in the state brand book or its supplement are subject to sale, assignment, transfer, devise, or bequest, the same as other personal property. The board shall prescribe forms for the sale or assignment of a brand. A transferred brand must be recorded with the board. The fee for recording it is $10.
35.92 ENFORCEMENT.
(a) The Board of Animal Health shall enforce this chapter and rules adopted under this chapter. The board may delegate to the executive director authority to act on behalf of the board.
(b) Upon the request of the Board of Animal Health or an agent authorized by the board, county attorneys, sheriffs, and other officers having authority in the enforcement of the general criminal laws shall take action to the extent of their authority necessary or proper for the enforcement of this chapter, or special orders, standards, stipulations, and agreements of the board.
For a criminal action, the county attorney where a violation occurred is responsible for prosecuting a violation of this chapter. If the county attorney or, if appropriate, the city attorney refuses to prosecute, the attorney general may prosecute at the request of the board.
Civil judicial enforcement actions may be brought by the attorney general in the name of the state on behalf of the Board of Animal Health. A county attorney may bring a civil judicial enforcement action upon the request of the board and the attorney general.
The Board of Animal Health may apply to a court with jurisdiction for a temporary or permanent injunction to prevent, restrain, or enjoin violations of this chapter.
The Board of Animal Health through its executive director may issue subpoenas to compel the attendance of witnesses or submission of books, documents, and records affecting the authority or privilege granted by a license, registration, certification, or permit issued under this chapter or by the board or issued by the commissioner of agriculture if agreed to by the commissioner.
35.831 RULES.
The board may make rules it considers necessary to carry out the purposes of sections 35.821 to 35.831.
35.90 GENERAL INSPECTION AUTHORITY.
Except as otherwise specifically provided, the Board of Animal Health and the board's agents, upon issuance of a notice of inspection, must be granted access at reasonable times to sites where the board has reason to believe a violation of this chapter is occurring or has occurred.
Before leaving the premises inspected, the Board of Animal Health or the board's agents must provide the owner, operator, or agent in charge with a receipt describing any samples obtained. If an analysis is made of the samples, a copy of the results of the analysis must be furnished to the owner, operator, or agent in charge.
35.827 SALE OF BRAND BOOKS.
The state brand book and all supplements for the ten-year period must be sold to the public at a price which includes the costs of printing, handling, and mailing. The board shall distribute all brand books and supplements to the sheriff of each county without cost.
35.93 ADMINISTRATIVE ACTION.
The Board of Animal Health may seek to remedy violations by authorizing the executive director to issue a written warning, administrative meeting, cease and desist, stop-sale, or other special order, seizure, stipulation, or agreement, if the board determines that the remedy is in the public interest.
The board may, after written notice and hearing, revoke, suspend, or refuse to renew a permit, license, or certification if a person violates this chapter.
(a) If the Board of Animal Health has probable cause to believe that a diseased animal is kept, sold, transported, or disposed of in violation of this chapter, the board may investigate and issue a written cease and desist, stop-sale, stop-use, or removal order or other remedial action to the owner, custodian, or other responsible party. If the owner, custodian, or other responsible party is not available for service of the order, the board may attach the order to the animal and notify the owner, custodian, or other responsible party. The animal may not be sold, slaughtered, or transported until the violation has been corrected or brought into compliance and the order has been released in writing under conditions specified by the board, or until the violation has been otherwise disposed of by a court.
(b) If a violation of this chapter results in conditions that may have an unreasonable adverse effect on humans, domestic animals, wildlife, or the environment, the Board of Animal Health may, by order, require remedial action, including removal and proper disposal.
35.830 SALE OF BRANDED LIVESTOCK; WRITTEN BILL OF SALE.
Persons selling animals marked or branded with their mark or brand recorded in a current state brand book or its supplement or registered with the board shall execute to the purchaser a written bill of sale bearing the signature and residence of the seller, the name and address of the purchaser, the total number of animals sold, a description of each animal sold as to sex and kind, and all registered brands. The bill of sale must be kept by the purchaser for two years and for as long afterwards as the purchaser owns any of the animals described in the bill of sale. A copy of the bill of sale must be given to each hauler of the animals, other than railroads, and must accompany the shipment of animals while in transit. The bill of sale or a copy must be shown by the possessor on demand to any peace officer or compliance representative of the board. The bill of sale is prima facie evidence of the sale of the animals described by the bill of sale.
35.91 VIOLATION OF RULES AND ORDERS.
Violation of a rule adopted under this chapter or an order made under the authority of this chapter is a violation of this chapter.
35.94 DAMAGES AGAINST STATE FOR ADMINISTRATIVE ACTION WITHOUT CAUSE.
If the Board of Animal Health did not have probable cause for an administrative action under section 35.93, including the issuance of a stop-sale or removal order, a court may allow recovery for damages caused by the administrative action.
35.95 CIVIL PENALTIES.
Except as provided in subdivisions 2 and 5, a person who violates this chapter or a special order, standard, stipulation, agreement, or schedule of compliance of the board is subject to a civil penalty of up to $10,000 as determined by the board.
(a) A person who violates this chapter is liable for and must pay to the state a sum to constitute just compensation for the loss or destruction of wild animals, fish, or other aquatic life and for actual damages to the state.
(b) The amounts paid as compensation for loss or destruction of wildlife, fish, or other aquatic life must be deposited into the state treasury and credited to the game and fish fund.
As a defense to a civil penalty or claim for damages under subdivisions 1 and 2, the defendant may prove that the violation was caused solely by an act of God, an act of war, an act or failure to act that constitutes sabotage or vandalism, or a combination of these defenses.
In an action to compel performance of an order of the Board of Animal Health to enforce this chapter, the court may require a defendant adjudged responsible to perform the acts within the person's power that are reasonably necessary to accomplish the purposes of the order.
The civil penalties and payments provided for in this section may be recovered by a civil action brought by the county attorney, the board, or the attorney general in the name of the state.
In an action brought by the attorney general or a county attorney in the name of the state under this chapter for civil penalties or injunctive relief or in an action to compel compliance, if the state finally prevails, the state, in addition to other penalties provided in this chapter, must be allowed an amount determined by the court to be the reasonable value of all or a part of the litigation expenses including attorney fees incurred by the state or county attorney. In determining the amount of these litigation expenses to be allowed, the court shall give consideration to the economic circumstances of the defendant.
35.96 CRIMINAL PENALTIES.
Except as provided in subdivisions 2 to 6, a person is guilty of a misdemeanor if the person violates this chapter, a rule adopted under this chapter, or a special order, standard, stipulation, agreement, or schedule of compliance of the Board of Animal Health.
A person is guilty of a gross misdemeanor if the person violates this chapter or a special order, standard, stipulation, agreement, or schedule of compliance of the Board of Animal Health and the violation endangers humans.
A person is guilty of a gross misdemeanor if the person knowingly violates this chapter or a standard, a special order, stipulation, agreement, or schedule of compliance of the Board of Animal Health.
[Repealed, 1999 c 231 s 207]
[Repealed, 2008 c 277 art 1 s 98]
A person violating a provision of section 35.15 or 35.16 relating to transportation of livestock is guilty of a gross misdemeanor, except that a person who fails or refuses to stop for inspection when directed to stop by a compliance representative is guilty of a misdemeanor.
41A.01 PURPOSE.
Sections 41A.01 to 41A.08 provide for agricultural and economic development in the state. All credit advanced pursuant to loan guaranty commitments is to be secured by subrogation of the state to mortgage security and other security interests granted to the private lender, in proportion to the amount advanced by the state. A board is established to investigate the feasibility of each project, its conformity to public policy and to environmental standards, the qualifications of the owners, operators, and lenders, and the nature and extent of the security, prior to commitment. The board shall also seek to secure financial participation by private persons not supported by the guaranty, to assure that in these respects each project satisfies and will continue to satisfy criteria which are adequate in the judgment of the board.
41C.01 SHORT TITLE.
This chapter shall be called and may be cited as the "Minnesota Agricultural Development Act."
40A.01 STATE AGRICULTURAL LAND PRESERVATION POLICY.
The goals of this chapter are to:
(1) preserve and conserve agricultural land, including forest land, for long-term agricultural use in order to protect the productive natural resources of the state, maintain the farm and farm-related economy of the state, and assure continued production of food and timber and agricultural uses;
(2) preserve and conserve soil and water resources; and
(3) encourage the orderly development of rural and urban land uses.
The goals contained in subdivision 1 will be best met by combining state policies and guidelines with local implementation and enforcement procedures and private incentives.
41D.02 AGRICULTURAL EDUCATION GRANT PROGRAM.
The Minnesota Agricultural Education Leadership Council shall establish a program to provide grants under subdivisions 2 and 3 to educational institutions and other appropriate entities for secondary and postsecondary agricultural education programs.
The council may provide grants for:
(1) planning and establishment costs for elementary and secondary agricultural education programs;
(2) new instructional and communication technologies; and
(3) curriculum updates.
The council may provide grants for:
(1) new instructional and communication technologies; and
(2) special project funding, including programming, in-service training, and support staff.
41D.01 MINNESOTA AGRICULTURAL EDUCATION LEADERSHIP COUNCIL.
(a) The Minnesota Agricultural Education Leadership Council is established. The council is composed of 16 members as follows:
(1) a representative of an agricultural education program at a higher education institution that prepares agriculture teachers for licensure;
(2) a representative of the commissioner of education;
(3) a representative of the Minnesota State Colleges and Universities recommended by the chancellor;
(4) the president and the president-elect of the Minnesota Association of Agricultural Educators;
(5) a representative of the Minnesota FFA Foundation;
(6) a representative of the commissioner of agriculture;
(7) the dean of the College of Food, Agricultural and Natural Resource Sciences at the University of Minnesota;
(8) two members representing agricultural education and agriculture business appointed by the governor;
(9) the chair and ranking minority member of a senate committee with jurisdiction over agriculture;
(10) the chair and ranking minority member of a house of representatives committee with jurisdiction over agriculture;
(11) a member of a senate committee with jurisdiction over education designated by the Subcommittee on Committees of the Committee on Rules and Administration; and
(12) a member of a house of representatives committee with jurisdiction over education designated by the speaker.
(b) An ex officio member of the council under paragraph (a), clause (4), (7), (9), (10), (11), or (12), may designate a permanent or temporary replacement member representing the same constituency.
Specific powers and duties of the council are to:
(1) develop recommendations to the legislature and the governor and provide review for agricultural education programs in Minnesota;
(2) establish a grant program to foster and encourage the development of secondary and postsecondary agricultural education programs;
(3) coordinate and articulate Minnesota's agricultural education policy across all programs and institutions;
(4) identify the critical needs for agricultural educators;
(5) serve as a link between the agribusiness sector and the agricultural education system to communicate mutual concerns, needs, and projections;
(6) establish and maintain an increased awareness of agricultural education and its continued need to all citizens of Minnesota;
(7) operate the Minnesota Center for Agricultural Education created in section 41D.03;
(8) gain broad public support for agricultural education in Minnesota; and
(9) report annually on its activities to the legislative committees with jurisdiction over agriculture policy.
(a) The chairs of the legislative committees with jurisdiction over agriculture policy, or their designees, are the cochairs of the council.
(b) The council's membership terms, compensation, filling of vacancies, and removal of members are as provided in section 15.0575.
(c) The council may employ an executive director and any other staff to carry out its functions.
[Repealed, 2017 c 88 art 2 s 93]
41B.01 CITATION; PURPOSE.
Sections 41B.01 to 41B.23 shall be known as and may be cited as the "Minnesota Rural Finance Authority Act of 1986."
Sections 41B.01 to 41B.23 create and establish the Minnesota Rural Finance Authority and establish a program under which state bonds are authorized to be issued and proceeds of their sale are appropriated under the authority of article XI, section 5, clause (h) of the Minnesota Constitution, to develop the state's agricultural resources by extending credit on real estate security. The purpose of the Rural Finance Authority's programs and of the bonds issued to finance or provide security for the programs is to purchase participation interests in loans, including seller-sponsored loans to be made available by agricultural lenders to farmers on terms and conditions not otherwise available from other credit sources. It is hereby found and declared that there presently exist in the state economic conditions which have severely adversely affected the economic viability of farms to the detriment of the rural economy and to the detriment of the economy of the state of Minnesota as a whole. It is further found and declared that as a result of public agricultural policies, agricultural market conditions, and other causes, the condition of the farm economy of the state of Minnesota is such as to jeopardize the continued existence and successful operation of farms in this state, necessitating the establishment of the programs in sections 41B.01 to 41B.23 to provide new sources of credit on favorable terms and conditions. It is further found and declared that providing credit for farmers on favorable terms and conditions will serve and promote the public welfare by assuring the viability of farm operations, by preventing erosion of the tax base in rural areas, by reducing foreclosures on farm property, and by enhancing the financial stability of farmers and of the businesses which depend on farmers as customers. It is further found and declared that in establishing a Minnesota Rural Finance Authority and in authorizing the programs in sections 41B.01 to 41B.23, the legislature is acting in all respects for the benefit of the people of the state of Minnesota to serve the public purpose of improving and otherwise promoting their health, welfare, and prosperity and that the Minnesota Rural Finance Authority, as created and established, is empowered to act on behalf of the people of the state of Minnesota in serving this public purpose for the benefit of the general public.
40A.02 DEFINITIONS.
As used in this chapter, the terms defined in this section have the meanings given them.
[Repealed, 1991 c 345 art 2 s 69]
"Agricultural use" means the production of livestock, dairy animals, dairy products, poultry or poultry products, fur-bearing animals, horticultural or nursery stock, fruit, vegetables, forage, grains, timber, trees, or bees and apiary products. "Agricultural use" also includes wetlands, pasture, forest land, wildlife land, and other uses that depend on the inherent productivity of the land.
"Board" means the Board of Water and Soil Resources.
"Commissioner" means the commissioner of agriculture.
"Crop equivalent rating" means a rating that reflects the net economic return per acre of soil when managed for cultivated crops, permanent pasture, or forest, whichever provides the highest net return.
"Department" means the Department of Agriculture.
"Development" means the subdivision and partitioning of land or the construction of residences on land or the conversion to competing land uses.
"District" means a soil and water conservation district.
"Agricultural preserve" or "preserve" means a preserve created under this chapter.
"Forest land" means land that is at least ten percent stocked by trees of any size and capable of producing timber, or of exerting an influence on the climate or on the water regime; land that the trees described above have been removed from to less than ten percent stocking and that has not been developed for other use; and afforested areas.
"Local government" means a county or municipality.
"Metropolitan area" has the meaning given in section 473.121, subdivision 2.
"Municipality" means a statutory or home rule charter city or town.
"Official controls" or "controls" has the meaning given in section 394.22, subdivision 6.
"Soil survey" means the comprehensive inventory and classification of soil types being conducted by the Minnesota Cooperative Soil Survey.
41C.02 DEFINITIONS.
The definitions in this section apply to this chapter.
"Agricultural business enterprise" means a small business, as defined in section 645.445, subdivision 2, which owns or plans to own properties, real or personal, used or useful in connection with the general processing of agricultural products or in the manufacturing, assembly, or fabrication of agricultural or agriculture-related equipment. "Agricultural business enterprise" does not include an operation that involves the breeding or raising of livestock.
"Agricultural improvements" means improvements, buildings, structures, or fixtures suitable for use in farming located on agricultural land, including a single-family dwelling located on agricultural land that is or will be occupied by a beginning farmer and structures attached to or incidental to the use of the dwelling.
"Agricultural land" means land suitable for use in farming.
"Authority" means the Minnesota Rural Finance Authority established in section 41B.025.
"Beginning farmer" means an individual or partnership with a low or moderate net worth who engages in farming or plans to engage in farming.
"Bonds" means bonds, notes, or other evidence of indebtedness issued by the authority under this chapter.
"Conservation farm equipment" means the specialized planters, cultivators, and tillage equipment used for reduced tillage or no-till planting of row crops.
"Depreciable agricultural property" means personal property suitable for use in farming for which an income tax deduction for depreciation is allowable in computing federal income tax under the Internal Revenue Code of 1986, as amended.
"Farming" means the cultivation of land for the production of agricultural crops, the raising of poultry, the production of eggs, the production of milk, the production of fruit or other horticultural crops, grazing, the production of livestock, aquaculture, hydroponics, or the production of forest products.
"Lending institution" includes "eligible lender" as defined in section 41B.02 and individuals.
"Low or moderate net worth" means:
(1) for an individual, an aggregate net worth of the individual and the individual's spouse and minor children of less than $800,000 in 2017 and an amount in subsequent years which is adjusted for inflation by multiplying that amount by the cumulative inflation rate as determined by the United States All-Items Consumer Price Index; or
(2) for a partnership, an aggregate net worth of all partners, including each partner's net capital in the partnership, and each partner's spouse and minor children of less than twice the amount set for an individual in clause (1). However, the aggregate net worth of each partner and that partner's spouse and minor children may not exceed the amount set for an individual in clause (1).
41A.021 SUCCESSOR STATUS.
The board is the legal successor in all respects of the Minnesota Agricultural and Economic Development Board established by Laws 1984, chapter 502, article 10, and all bonds, resolutions, contracts, and liabilities of the Minnesota Agricultural and Economic Development Board are the bonds, resolutions, contracts, and liabilities of the board as renamed and reconstituted by section 41A.02, subdivision 3.
41D.03 MINNESOTA CENTER FOR AGRICULTURAL EDUCATION.
The Minnesota Center for Agricultural Education is governed by the Minnesota Agricultural Education Leadership Council.
(a) The council has the powers necessary for the care, management, and control of the Minnesota Center for Agricultural Education and all its real and personal property. The powers shall include, but are not limited to, those listed in this subdivision.
(b) The council may employ necessary employees, and contract for other services to ensure the efficient operation of the Center for Agricultural Education.
(c) The council may receive and award grants. The council may establish a charitable foundation and accept, in trust or otherwise, any gift, grant, bequest, or devise for educational purposes and hold, manage, invest, and dispose of them and the proceeds and income of them according to the terms and conditions of the gift, grant, bequest, or devise and its acceptance. The council shall adopt internal procedures to administer and monitor aids and grants.
(d) The council may establish or coordinate evening, continuing education, and summer programs for teachers and pupils.
(e) The council may determine the location for the Minnesota Center for Agricultural Education and any additional facilities related to the center, including the authority to lease a temporary facility.
(f) The council may enter into contracts with other public and private agencies and institutions for building maintenance services if it determines that these services could be provided more efficiently and less expensively by a contractor than by the council itself. The council may also enter into contracts with public or private agencies and institutions, school districts or combinations of school districts, or educational cooperative service units to provide supplemental educational instruction and services.
There is established in the state treasury a center for agricultural education account in the special revenue fund. All money collected by the council, including rental income, shall be deposited in the account. Money in the account, including interest earned, is appropriated to the council for the operation of its services and programs.
The employees hired under this subdivision and any other necessary employees hired by the council shall be employees of the University of Minnesota.
The council may adopt administrative policies about the operation of the center.
Public postsecondary institutions shall provide space for the Minnesota Center for Agricultural Education at a reasonable cost to the center to the extent that space is available at the public postsecondary institutions.
Technical educational equipment may be procured for programs of the Minnesota Center for Agricultural Education by the council either by brand designation or in accordance with standards and specifications the council may adopt, notwithstanding chapter 16C.
41C.03 GUIDING PRINCIPLES.
(a) In the performance of its duties, implementation of its powers, and selection of specific programs and projects to receive its assistance under this chapter, the authority must be guided by the principles in paragraphs (b) to (e).
(b) The authority shall not become an owner of real or depreciable property, except on a temporary basis if it is necessary in order to implement its programs, to protect its investments by means of foreclosure or other means, or to facilitate transfer of real or depreciable property for the use of beginning farmers.
(c) The authority shall exercise diligence and care in selection of projects to receive its assistance and shall apply customary and acceptable business and lending standards in selection and subsequent implementation of the projects. The authority may delegate primary responsibility for determination and implementation of the projects to any federal governmental agency that assumes any obligation to repay the loan, either directly or by insurance or guarantee.
(d) The authority shall establish a beginning farmer and agricultural business enterprise loan program to aid in the acquisition of agricultural land and improvements and depreciable agricultural property by beginning farmers and real and personal property for an agricultural business enterprise.
(e) The authority shall develop programs for providing financial assistance to agricultural producers in this state.
41A.022 MINNESOTA ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY; SUCCESSOR STATUS.
The board is the legal successor in all respects of the Minnesota Energy and Economic Development Authority under the general bond resolution for the Minnesota small business development loan program, as amended and restated by the authority on September 24, 1986. All bonds, resolutions, contracts, and liabilities of the Minnesota Energy and Economic Development Authority relating to the Minnesota small business development loan program are the bonds, resolutions, contracts, and liabilities of the Minnesota Agricultural and Economic Development Board.
41D.04 RESOURCE, MAGNET, AND OUTREACH PROGRAMS.
The center shall offer resource and outreach programs and services statewide aimed at the enhancement of agricultural education opportunities for pupils in elementary and secondary school.
The center shall:
(1) provide information and technical services to agriculture teachers, professional agriculture organizations, school districts, and the Department of Education;
(2) gather and conduct research in agricultural education;
(3) design and promote agricultural education opportunities for all Minnesota pupils in elementary and secondary schools; and
(4) serve as liaison for the Department of Education to national organizations for agricultural education.
41B.025 RURAL FINANCE AUTHORITY.
There is created a public body corporate and politic to be known as the "Minnesota Rural Finance Authority," which shall perform the governmental functions and exercise the sovereign powers delegated to it in sections 41B.01 to 41B.23 and chapter 41C in furtherance of the public policies and purposes declared in section 41B.01. The board of the authority consists of the commissioners of agriculture, commerce, employment and economic development, and management and budget, the state auditor, and six public members appointed by the governor with the advice and consent of the senate. The state auditor may designate one staff member to serve in the auditor's place. No public member may reside within the metropolitan area, as defined in section 473.121, subdivision 2. Each member shall hold office until a successor has been appointed and has qualified. A certificate of appointment or reappointment of any member is conclusive evidence of the proper appointment of the member.
The membership terms, compensation, removal of members, and filling of vacancies for the public members of the authority are as provided in section 15.0575.
The commissioner of agriculture is the chair of the board. The commissioner of management and budget is the vice-chair of the board.
[Repealed, 1987 c 396 art 1 s 32]
A majority of the members of the authority, excluding vacancies, constitutes a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of a majority of a quorum present.
The authority is under the administrative control of the commissioner of agriculture.
The members and officers of the authority are not liable personally, either jointly or severally, for any debt or obligation created or incurred by the authority.
The authority must make technical assistance available to potential lenders and applicants to encourage applications for loans.
The authority shall submit quarterly reports to the governor and the legislative committees and divisions with jurisdiction over agriculture and capital investment that provide an estimate of when funding for the authority's state bond-financed loan programs is projected to be exhausted.
When feasible, the authority must make a decision on a completed loan application submitted by a borrower or eligible agricultural lender within ten business days.
40A.04 STATEWIDE AGRICULTURAL LAND PRESERVATION.
A county located outside of the metropolitan area may submit to the commissioner and to the regional development commission in which it is located, if one exists, a proposed agricultural land preservation plan and proposed official controls implementing the plan. To the extent practicable, submission of the proposal must coincide with the completion of the county soil survey. The commissioner, in consultation with the regional development commission, shall review the plan and controls for consistency with the elements in this chapter and shall submit written comments to the county within 60 days of receipt of the proposal. The comments must include a determination of whether the plan and controls are consistent with the elements in this chapter. The commissioner shall notify the county of its determination. If the commissioner determines that the plan and controls are consistent, the county shall adopt the controls within 90 days of completion of the commissioner's review. If the commissioner determines that the plan and controls are not consistent, the comments must include the additional elements that must be addressed by the county. The county shall amend its plan and controls to include the additional elements and adopt the amended controls within 120 days of completion of the commissioner's review.
A city that is located partially within a county in the metropolitan area but is not included in the definition of the metropolitan area may elect to be governed by this section. The city may:
(1) request the county outside of the metropolitan area where it is partially located to include the city in the agricultural land preservation plan and official controls of the county under section 394.32; or
(2) perform the duties of a county independently under this section.
If the city does not elect to be governed by this section, the city may perform the duties of an authority under chapter 473H.
40A.05 ELEMENTS OF PLAN AND OFFICIAL CONTROLS.
The plans and official controls prepared under this chapter must be adopted in accordance with the provisions of chapter 394 or 462 that apply to comprehensive plans and official controls and must address the elements contained in this section.
A plan must address at least the following elements:
(1) integration with comprehensive county and municipal plans;
(2) relationship with shoreland, surface water, and other land use management plans;
(3) identification of land currently in agricultural use, including the type of agricultural use, the relative productive value of the land based on the crop equivalent rating, and the existing level of investment in buildings and equipment;
(4) identification of forest land;
(5) identification of areas in which development is occurring or is likely to occur during the next 20 years;
(6) identification of existing and proposed public sanitary sewer and water systems;
(7) classification of land suitable for long-term agricultural use and its current and future development;
(8) determination of present and future housing needs representing a variety of price and rental levels and an identification of areas adequate to meet the demonstrated or projected needs; and
(9) a general statement of policy as to how the county will achieve the goals of this chapter.
Official controls implementing a plan must be consistent with the plan and must address at least the following elements:
(1) designation of land suitable for long-term agricultural use and the creation of exclusive agricultural use zones, allowing for conditional, compatible uses that do not conflict with long-term agricultural use;
(2) designation of urban expansion zones where limited growth and development may be allowed;
(3) residential density requirements and minimum lot sizes in exclusive agricultural use zones and urban expansion zones; and
(4) standards and procedures for county decisions on rezoning, subdivision, and parcel divisions.
41C.04 COMBINATION PROGRAMS.
Programs authorized in this chapter may be combined with any other programs authorized in this chapter or under another state or federal program in order to facilitate as far as practicable the acquisition of agricultural land and property by beginning farmers, to facilitate the implementation of permanent soil and water conservation practices and the acquisition of conservation farm equipment, and to encourage the development of agricultural business enterprises.
41A.023 POWERS.
In addition to other powers granted by this chapter, the board may:
(1) sue and be sued;
(2) acquire, hold, lease, and transfer any interest in real and personal property for its corporate purposes;
(3) sell at public or private sale, at the price or prices determined by the board, any note, mortgage, lease, sublease, lease purchase, or other instrument or obligation evidencing or securing a loan made for the purpose of economic development, job creation, redevelopment, or community revitalization by a public agency to a business, for-profit or nonprofit organization, or an individual;
(4) obtain insurance on its property;
(5) obtain municipal bond insurance, letters of credit, surety obligations, or similar agreements from financial institutions;
(6) enter into other agreements or transactions, without regard to chapter 16B or 16C, that the board considers necessary or appropriate to carry out the purposes of this chapter with federal or state agencies, political subdivisions of the state, or other persons, firms, or corporations;
(7) establish and collect fees without regard to chapter 14 and section 16A.1285;
(8) accept appropriations, gifts, grants, and bequests;
(9) use money received from any source for any legal purpose or program of the board;
(10) participate in loans for agricultural resource projects in accordance with section 41A.035;
(11) provide small business development loans in accordance with section 41A.036; and
(12) guarantee or insure bonds or notes issued by the board.
41B.026 TELEPHONE OR ELECTRONIC MEETING.
(a) Notwithstanding section 13D.01, the Rural Finance Authority may conduct a meeting of its members by telephone or other electronic means so long as the following conditions are met:
(1) all members of the authority participating in the meeting, wherever their physical location, can hear one another and can hear all discussion and testimony;
(2) members of the public present at the regular meeting location of the authority can hear all discussion and testimony and all votes of members of the authority;
(3) at least one member of the authority is physically present at the regular meeting location; and
(4) all votes are conducted by roll call, so each member's vote on each issue can be identified and recorded.
(b) Each member of the authority participating in a meeting by telephone or other electronic means is considered present at the meeting for purposes of determining a quorum and participating in all proceedings.
(c) If telephone or other electronic means is used to conduct a meeting, the authority, to the extent practical, shall allow a person to monitor the meeting electronically from a remote location. The authority may require the person making such a connection to pay for documented marginal costs that the authority incurs as a result of the additional connection.
(d) If telephone or other electronic means is used to conduct a regular, special, or emergency meeting, the authority shall provide notice of the regular meeting location, of the fact that some members may participate by telephone or other electronic means, and of the provisions of paragraph (c). The timing and method of providing notice is governed by section 13D.04.
40A.06 CONTESTED CASE HEARINGS; JUDICIAL REVIEW.
If a county or a municipality in the county disputes the determination of the commissioner relating to whether the plan and controls address the elements under this chapter, the county or municipality may request that the commissioner initiate a contested case proceeding under chapter 14 within 30 days after receiving the determination. In addition, ten or more eligible voters of the county who own real estate within the county may request a contested case proceeding. The commissioner shall initiate the proceeding within 30 days after receiving the request. Judicial review of the contested case decision is as provided in chapter 14.
41A.0235 BOARD MEETINGS BY TELEPHONE OR OTHER ELECTRONIC MEANS.
(a) If compliance with section 13D.02 is impractical, the Minnesota Agricultural and Economic Development Board may conduct a meeting of its members by telephone or other electronic means so long as the following conditions are met:
(1) all members of the board participating in the meeting, wherever their physical location, can hear one another and can hear all discussion and testimony;
(2) members of the public present at the regular meeting location of the board can hear clearly all discussion and testimony and all votes of members of the board and, if needed, receive those services required by sections 15.44 and 15.441;
(3) at least one member of the board is physically present at the regular meeting location; and
(4) all votes are conducted by roll call, so each member's vote on each issue can be identified and recorded.
(b) Each member of the board participating in a meeting by telephone or other electronic means is considered present at the meeting for purposes of determining a quorum and participating in all proceedings.
(c) If telephone or other electronic means is used to conduct a meeting, the board, to the extent practical, shall allow a person to monitor the meeting electronically from a remote location. The board may require the person making such a connection to pay for documented marginal costs that the board incurs as a result of the additional connection.
(d) If telephone or other electronic means is used to conduct a regular, special, or emergency meeting, the board shall provide notice of the regular meeting location, of the fact that some members may participate by telephone or other electronic means, and of the provisions of paragraph (c). The timing and method of providing notice is governed by section 13D.04.
41C.06 LOAN ALLOCATION.
Not more than 25 percent of the total bond allocation available for beginning farmer and agricultural business enterprise loans may be used for agricultural business enterprise loans. However, any portion of the bond allocation that remains unencumbered on November 1 of each year may be made available for agricultural business enterprise loans.
40A.07 MUNICIPAL AGRICULTURAL LAND PRESERVATION.
As of January 1, 1990, if a county has not submitted a proposed agricultural land preservation plan and proposed official controls to the commissioner and the regional development commission, if one exists, a municipality within the county may request by resolution that the county submit a plan and official controls to the commissioner and the regional development commission. If the county does not do so within one year of receipt of the resolution, the municipality may perform the duties of the county with respect to land under its jurisdiction.
Nothing in this chapter limits a municipality's power to plan or adopt official controls under other laws or to adopt official controls that are consistent with or more restrictive than those enacted by the county.
Municipalities shall revise existing plans and official controls to conform with the county approved agricultural land preservation plan and official controls and shall initiate implementation of the revised plans and controls within one year after receiving the county approved agricultural land preservation plan and controls.
40A.071 AMENDED PLAN AND CONTROLS.
A county or municipality that has adopted a plan and official controls under this chapter may amend the plan and controls under the initial review procedure contained in section 40A.04.
41A.035 AGRICULTURAL RESOURCES LOAN PARTICIPATION.
The board may participate in loans made to finance agricultural resource projects by purchasing from a lender up to 75 percent of the amount of each eligible loan. If the loan participated in is for $500,000 or less, the loan may be for 100 percent of the cost of the project. If the loan participated in exceeds $500,000, the loan may not exceed 80 percent of the cost of the project. The lender shall service the loan or cause it to be serviced in a manner that equally protects the lender's and the board's interests.
41B.037 HOMESTEAD REDEMPTION PROGRAM.
The authority may establish and implement a homestead redemption program under sections 41B.01 to 41B.23. The purpose of the program is to assist persons who have lost their farms due to foreclosure, granting a deed in lieu of foreclosure, or other actions necessary to settle their agricultural debts, and who are otherwise unable to secure the credit necessary to repurchase their farm homestead. The authority may enter into agreements with an eligible lender for the purposes of the program. The authority may, by rule, establish eligibility standards for the program that are different from those established for other programs of the authority. The authority's interest in a homestead redemption loan may not exceed one-half of the loan amount or $25,000, whichever is less.
40A.09 AGRICULTURAL PRESERVE; ELIGIBILITY.
An owner or owners of land that has been designated for exclusive long-term agricultural use under a plan submitted to or approved by the commissioner is eligible to apply for the creation of an agricultural preserve. Eligibility continues unless the commissioner determines that the plan and official controls do not address the elements contained in this chapter or unless the county fails to implement the plan and official controls as required by this chapter.
41C.10 BONDS AS LEGAL INVESTMENTS.
Bonds are securities in which public officers, state departments and agencies, political subdivisions, insurance companies, and other persons carrying on an insurance business, banks, trust companies, savings associations, investment companies, and other persons carrying on a banking business, administrators, executors, guardians, conservators, trustees, and other fiduciaries and other persons authorized to invest in bonds or other obligations of this state may properly and legally invest funds including capital in their control or belonging to them. The bonds are also securities which may be deposited with and may be received by public officers, state departments and agencies, and political subdivisions for any purpose for which the deposit of bonds or other obligations of this state is authorized.