1.1.................... moves to amend H.F. No. 1798 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 40A.09, is amended to read:
1.440A.09 AGRICULTURAL PRESERVE; ELIGIBILITY.
1.5(a) An owner or owners of land that has been designated for exclusive long-term
1.6agricultural use under a plan submitted to or approved by the commissioner is eligible
1.7to apply for the creation of an agricultural preserve. Eligibility continues unless the
1.8commissioner determines that the plan and official controls do not address the elements
1.9contained in this chapter or unless the county fails to implement the plan and official
1.10controls as required by this chapter.
1.11(b) Property enrolled under sections 40A.09 to 40A.12 whose owner or tenant is
1.12subject to a final enforcement action for a violation of chapter 18B, 18C, 103E, 103F,
1.13103G, or 103H, or any rule adopted under these chapters including but not limited to the
1.14agricultural shoreland use standards in Minnesota Rules, chapter 6120, shall be removed
1.15from the program.
1.16(c) For the purposes of this section, "final enforcement action" means any
1.17administrative, civil, or criminal penalty or action other than an initial verbal or written
1.18warning. An enforcement action is not final until the action is upheld upon completion or
1.19expiration of any applicable review or appeal procedure or period provided by law.
1.20(d) When a final enforcement action is taken based on a violation occurring on a
1.21property enrolled under sections 40A.09 to 40A.12, the law enforcement officer or other
1.22person enforcing the law or rule must notify the county assessor. The county assessor must
1.23then notify the property owner that the property is being removed from the program. Any
1.24property for which the assessor has been notified prior to January 2 of any year shall be
1.25removed from the program for taxes payable in the following year. All deferred taxes on
1.26the property during the current owner's time of ownership, but not to exceed seven years,
2.1shall be extended against the property on the tax list for the current year, provided that no
2.2interest or penalties shall be levied on the additional taxes if timely paid.
2.3EFFECTIVE DATE.This section is effective for taxes payable in 2011 and
2.4thereafter.

2.5    Sec. 2. Minnesota Statutes 2008, section 273.111, is amended by adding a subdivision
2.6to read:
2.7    Subd. 9a. Cross-compliance with agricultural chemical and water laws. (a)
2.8Property enrolled under this section whose owner or tenant is subject to a final enforcement
2.9action for a violation of chapter 18B, 18C, 103E, 103F, 103G, or 103H, or any rule
2.10adopted under these chapters including but not limited to the agricultural shoreland use
2.11standards in Minnesota Rules, chapter 6120, shall be removed from the program.
2.12(b) For the purposes of this subdivision, "final enforcement action" means any
2.13administrative, civil, or criminal penalty or action other than an initial verbal or written
2.14warning. An enforcement action is not final until the action is upheld upon completion or
2.15expiration of any applicable review or appeal procedure or period provided by law.
2.16(c) When a final enforcement action is taken based on a violation occurring on a
2.17property enrolled under this section, the law enforcement officer or other person enforcing
2.18the law or rule must notify the county assessor. The county assessor must then notify the
2.19property owner that the property is being removed from the program. Any property for
2.20which the assessor has been notified prior to January 2 of any year shall be removed from
2.21the program for taxes payable in the following year. All deferred taxes on the property
2.22during the current owner's time of ownership, but not to exceed seven years, shall be
2.23extended against the property on the tax list for the current year, provided that no interest
2.24or penalties shall be levied on the additional taxes if timely paid.
2.25EFFECTIVE DATE.This section is effective for taxes payable in 2011 and
2.26thereafter.

2.27    Sec. 3. Minnesota Statutes 2008, section 473H.04, subdivision 2, is amended to read:
2.28    Subd. 2. When eligibility ends. (a) Land shall cease to be eligible for designation
2.29as an agricultural preserve when the comprehensive plan and zoning for the land have
2.30been amended so that the land is no longer planned for long-term agricultural use and is
2.31no longer zoned for long-term agricultural use, evidenced by a maximum residential
2.32density permitting more than one unit per 40 acres. When changes have been made, the
2.33authority shall certify by resolution and appropriate maps which lands are no longer
2.34eligible. At least two weeks before the resolution is to be adopted, the authority shall
3.1publish a notice of its intended action in a newspaper having a general circulation within
3.2the area of jurisdiction of the authority.
3.3(b) Property enrolled under this chapter whose owner or tenant is subject to a final
3.4enforcement action for a violation of chapter 18B, 18C, 103E, 103F, 103G, or 103H, or any
3.5rule adopted under these chapters including but not limited to the agricultural shoreland
3.6use standards in Minnesota Rules, chapter 6120, shall be removed from the program.
3.7(c) For the purposes of this section, "final enforcement action" means any
3.8administrative, civil, or criminal penalty or action other than an initial verbal or written
3.9warning. An enforcement action is not final until the action is upheld upon completion or
3.10expiration of any applicable review or appeal procedure or period provided by law.
3.11(d) When a final enforcement action is taken based on a violation occurring on a
3.12property enrolled under this chapter, the law enforcement officer or other person enforcing
3.13the law or rule must notify the county assessor. The county assessor must then notify the
3.14property owner that the property is being removed from the program. Any property for
3.15which the assessor has been notified prior to January 2 of any year shall be removed from
3.16the program for taxes payable in the following year. All deferred taxes on the property
3.17during the current owner's time of ownership, but not to exceed seven years, shall be
3.18extended against the property on the tax list for the current year, provided that no interest
3.19or penalties shall be levied on the additional taxes if timely paid.
3.20EFFECTIVE DATE.This section is effective for taxes payable in 2011 and
3.21thereafter."