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Green Acres awaits signature

Published (4/3/2009)
By Sonja Hegman
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Awaiting action by the governor is a conference committee report that would update federal tax conformity and make changes to the Green Acres program.

The report on HF392, sponsored by Rep. Ann Lenczewski (DFL-Bloomington) and Sen. Tom Bakk (DFL-Cook), was passed 130-3 by the House March 30 and 59-5 by the Senate April 1.

“I think we have a good compromise here,” said Rep. Paul Marquart (DFL-Dilworth). “We think this program is better than what we currently have in place.’

In 2008, the Green Acres law was modified by changing the definition of land allowed in the program. As approved by the conference committee, the Green Acres program would now institute a rural preserve program, in which land could be placed if it is classified as “rural vacant land.” If signed into law, the Green Acres changes would not take effect until 2011.

“Rural preserve is a 10-year covenant which runs with the land, not the person,” said Rep. Al Juhnke (DFL-Willmar). This addressed one of many concerns of selling or transferring land which would have been subject to a back tax payback. To qualify for rural preserve, a conservation plan must be written. The covenant provision would take effect in 2013, which means people have until then to make a decision on what to do with the land.

But some members still didn’t think the new changes went far enough.

Rep. Rob Eastlund (R-Isanti) said while the changes are an improvement over last year’s changes, he was still disappointed.

“This is coming from the Senate,” he said. “You took what the Senate brought forward and modified it a little. It’s not the outcome I’d hoped for and not what most people would have liked to have seen. It doesn’t address the real issue, the need to take pressure off our farmers.”

Lenczewski said since the changes wouldn’t take effect until 2011, there would still be time to make other changes, but that something on the issue had to be done now and this was the compromise.

The federal tax conformity portion of the bill includes most changes implemented between February 2008 and Dec. 31, 2008. Things that were removed are: a teacher classroom deduction and a provision that would prevent the governor from appointing anyone who has been convicted of a criminal violation of a federal or state tax or revenue law.

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