Minnesota 2025 2025-2026 Regular Session

Minnesota Senate Bill SF1428 Introduced / Bill

Filed 02/13/2025

                    1.1	A bill for an act​
1.2 relating to agriculture; expanding eligibility for beginning farmer tax credits;​
1.3 amending Minnesota Statutes 2024, section 41B.0391, subdivision 1.​
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.5 Section 1. Minnesota Statutes 2024, section 41B.0391, subdivision 1, is amended to read:​
1.6 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have​
1.7the meanings given.​
1.8 (b) "Agricultural assets" means agricultural land, livestock, facilities, buildings, and​
1.9machinery used for farming in Minnesota.​
1.10 (c) "Beginning farmer" means an individual or a limited liability company owned by an​
1.11individual who:​
1.12 (1) is a resident of Minnesota;​
1.13 (2) is seeking entry, or has entered within the last ten years, into farming;​
1.14 (3) intends to farm land located within the state borders of Minnesota;​
1.15 (4) except as provided in subdivision 2, paragraph (f), is not and whose spouse is not a​
1.16family member of the owner of the agricultural assets from whom the beginning farmer is​
1.17seeking to purchase or rent agricultural assets;​
1.18 (5) except as provided in subdivision 2, paragraph (f), is not and whose spouse is not a​
1.19family member of a partner, member, shareholder, or trustee of the owner of agricultural​
1.20assets from whom the beginning farmer is seeking to purchase or rent agricultural assets;​
1.21and​
1​Section 1.​
25-02277 as introduced​01/23/25 REVISOR BD/EE​
SENATE​
STATE OF MINNESOTA​
S.F. No. 1428​NINETY-FOURTH SESSION​
(SENATE AUTHORS: WEBER, Westrom, Putnam, Gustafson and Kupec)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​02/17/2025​
Referred to Agriculture, Veterans, Broadband and Rural Development​ 2.1 (6) meets the following eligibility requirements as determined by the authority:​
2.2 (i) has a net worth that does not exceed the limit provided under section 41B.03,​
2.3subdivision 3, paragraph (a), clause (2);​
2.4 (ii) provides the majority of the day-to-day physical labor and management of the farm;​
2.5 (iii) has, by the judgment of the authority, adequate farming experience or demonstrates​
2.6knowledge in the type of farming for which the beginning farmer seeks assistance from the​
2.7authority;​
2.8 (iv) demonstrates to the authority a profit potential by submitting projected earnings​
2.9statements;​
2.10 (v) asserts to the satisfaction of the authority that farming will be a significant source​
2.11of income for the beginning farmer;​
2.12 (vi) is enrolled in or has completed within ten years of their first year of farming a​
2.13financial management program approved by the authority or the commissioner of agriculture;​
2.14 (vii) agrees to notify the authority if the beginning farmer no longer meets the eligibility​
2.15requirements within the three-year certification period, in which case the beginning farmer​
2.16is no longer eligible for credits under this section; and​
2.17 (viii) has other qualifications as specified by the authority.​
2.18The authority may waive the requirement in item (vi) if the participant requests a waiver​
2.19and has a four-year degree in an agricultural program or related field, reasonable agricultural​
2.20job-related experience, or certification as an adult farm management instructor.​
2.21 (d) "Emerging farmer" means an emerging farmer within the meaning of section 17.055,​
2.22subdivision 1.​
2.23 (e) "Family member" means a family member within the meaning of the Internal Revenue​
2.24Code, section 267(c)(4).​
2.25 (f) "Farm product" means plants and animals useful to humans and includes, but is not​
2.26limited to, forage and sod crops, oilseeds, grain and feed crops, dairy and dairy products,​
2.27poultry and poultry products, livestock, fruits, and vegetables.​
2.28 (g) "Farming" means the active use, management, and operation of real and personal​
2.29property for the production of a farm product.​
2.30 (h) "Limited liability company" means a family farm limited liability company as defined​
2.31in section 500.24, subdivision 2, paragraph (l), an authorized farm limited liability company​
2​Section 1.​
25-02277 as introduced​01/23/25 REVISOR BD/EE​ 3.1as defined in section 500.24, subdivision 2, paragraph (m), or other limited liability company​
3.2authorized to engage in farming and own, acquire, or otherwise obtain an interest in​
3.3agricultural land under section 500.24.​
3.4 (h) (i) "Owner of agricultural assets" means an individual, trust, or pass-through entity​
3.5that is the owner in fee of agricultural land or has legal title to any other agricultural asset.​
3.6Owner of agricultural assets does not mean an equipment dealer, livestock dealer defined​
3.7in section 17A.03, subdivision 7, or comparable entity that is engaged in the business of​
3.8selling agricultural assets for profit and that is not engaged in farming as its primary business​
3.9activity. An owner of agricultural assets approved and certified by the authority under​
3.10subdivision 4 must notify the authority if the owner no longer meets the definition in this​
3.11paragraph within the three year certification period and is then no longer eligible for credits​
3.12under this section.​
3.13 (i) (j) "Resident" has the meaning given in section 290.01, subdivision 7.​
3.14 (j) (k) "Share rent agreement" means a rental agreement in which the principal​
3.15consideration given to the owner of agricultural assets is a predetermined portion of the​
3.16production of farm products produced from the rented agricultural assets and which provides​
3.17for sharing production costs or risk of loss, or both.​
3​Section 1.​
25-02277 as introduced​01/23/25 REVISOR BD/EE​