SF 717

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; modifying certain 
  1.3             restrictions on the ownership of farm land; imposing a 
  1.4             penalty; amending Minnesota Statutes 2002, section 
  1.5             500.221, subdivisions 1, 1a, 5. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 500.221, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [DEFINITIONS.] For purposes of this 
  1.10  section, "agricultural land" means land capable of use in the 
  1.11  production of agricultural crops, livestock or livestock 
  1.12  products, poultry or poultry products, milk or dairy products, 
  1.13  or fruit and other horticultural products but does not include 
  1.14  any land zoned by a local governmental unit for a use other than 
  1.15  and nonconforming with agricultural use.  For the purposes of 
  1.16  this section, "interest in agricultural land" includes any 
  1.17  leasehold interest.  For the purposes of this section, a 
  1.18  "permanent resident alien of the United States" is a natural 
  1.19  person who: 
  1.20     (1) has been lawfully admitted to the United States for 
  1.21  permanent residence and in fact maintains; or 
  1.22     (2) is a holder of a nonimmigrant treaty investment visa 
  1.23  pursuant to United States Code, title 8, section 
  1.24  1101(a)15(E)(ii). 
  1.25     A person who qualifies as a permanent resident alien of the 
  2.1   United States under clause (1) must also maintain that person's 
  2.2   principal, actual dwelling place within the United States for at 
  2.3   least six months out of every consecutive 12-month period 
  2.4   without regard to intent.  A person who qualifies as a permanent 
  2.5   resident alien of the United States under clause (2) must also 
  2.6   maintain that person's principal actual dwelling place in 
  2.7   Minnesota for at least ten months out of every 12-month period, 
  2.8   and is limited to dairy farming and up to 1,500 acres of 
  2.9   agricultural land.  The eligibility of a person under clause (2) 
  2.10  is limited to three years, unless the commissioner waives the 
  2.11  three-year limitation upon finding that the person is actively 
  2.12  pursuing the status under clause (1) or United States 
  2.13  citizenship.  For the purposes of this section, "commissioner" 
  2.14  means the commissioner of agriculture.  
  2.15     Sec. 2.  Minnesota Statutes 2002, section 500.221, 
  2.16  subdivision 1a, is amended to read: 
  2.17     Subd. 1a.  [DETERMINATION OF ALIEN STATUS.] An alien who 
  2.18  qualifies under subdivision 1, clause (1), and has been 
  2.19  physically absent from the United States for more than six 
  2.20  months out of any 12-month period shall be presumed not to be a 
  2.21  permanent resident alien.  An alien who qualifies under 
  2.22  subdivision 1, clause (2), and has been physically absent from 
  2.23  Minnesota for more than two months out of any 12-month period 
  2.24  shall be presumed not to be a permanent resident alien.  Every 
  2.25  permanent resident alien of the United States who owns purchases 
  2.26  property subject to this section shall must: 
  2.27     (1) file a report with the commissioner within 30 days of 
  2.28  the date of purchase; and 
  2.29     (2) annually, at some time during the month of January, 
  2.30  file with the commissioner a statement setting forth the dates 
  2.31  and places of that person's residence in the United States 
  2.32  during the prior calendar year. 
  2.33     The statement shall required under clause (2) must include 
  2.34  an explanation of absences totaling more than six two months 
  2.35  during the prior calendar year and any facts which support the 
  2.36  continuation of permanent resident alien status.  Upon receipt 
  3.1   of the statement, the commissioner shall have 30 days to review 
  3.2   the statement and notify the resident alien whether the facts 
  3.3   support continuation of the permanent resident alien status.  
  3.4      Sec. 3.  Minnesota Statutes 2002, section 500.221, 
  3.5   subdivision 5, is amended to read: 
  3.6      Subd. 5.  [PENALTY.] Willful failure to properly file a 
  3.7   report required under subdivision 1a or to properly register any 
  3.8   parcel of land as required by subdivision 4 is a gross 
  3.9   misdemeanor.  Each full month of failure to register is a 
  3.10  separate offense. 
  3.11     Sec. 4.  [EFFECTIVE DATE.] 
  3.12     Sections 1 to 3 are effective the day following final 
  3.13  enactment.