HF 1356

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; clarifying a definition; 
  1.3             amending Minnesota Statutes 2000, section 561.19, 
  1.4             subdivision 1. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2000, section 561.19, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [DEFINITIONS.] For the purposes of this 
  1.9   section, the following terms have the meanings given them:  
  1.10     (a) "Agricultural operation" means a facility and its 
  1.11  appurtenances for the production of crops, livestock, poultry, 
  1.12  dairy products or poultry products, but not a facility primarily 
  1.13  engaged in processing agricultural products.  
  1.14     (b) "Established date of operation" means the date on which 
  1.15  the agricultural operation commenced.  If the agricultural 
  1.16  operation is subsequently expanded or significantly altered, the 
  1.17  established date of operation for each expansion or alteration 
  1.18  is deemed to be the date of commencement of the expanded or 
  1.19  altered operation.  As used in this paragraph, "expanded or 
  1.20  significantly altered" means:  
  1.21     (1) an expansion by at least 25 percent in the amount of a 
  1.22  particular crop grown or the number of a particular kind of 
  1.23  animal or livestock located on an agricultural operation; or. 
  1.24     (2) a distinct change in the kind of agricultural 
  1.25  operation, as in changing from one kind of crop, livestock, 
  2.1   animal, or product to another, but not merely a change from one 
  2.2   generally accepted agricultural practice to another in producing 
  2.3   the same crop or product. "Significantly altered" does not mean: 
  2.4      (1) a transfer of an ownership interest to and held by 
  2.5   persons or the spouses of persons related to each other within 
  2.6   the third degree of kindred according to the rules of civil law 
  2.7   to the person making the transfer so long as at least one of the 
  2.8   related persons is actively operating the farm, or to a family 
  2.9   farm trust under section 500.24; 
  2.10     (2) temporary cessation or interruption of cropping 
  2.11  activities; 
  2.12     (3) adoption of new technologies; or 
  2.13     (4) a change in the crop product produced. 
  2.14     Sec. 2.  [EFFECTIVE DATE.] 
  2.15     Section 1 is effective the day following final enactment.