1.1 	A bill for an act
1.2 	relating to agriculture; clarifying the county
1.3 	agricultural society exemption from local zoning
1.4 	ordinances; amending Minnesota Statutes 2004, sections
1.5 	38.01; 38.16.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 38.01, is
1.8 	amended to read:
1.9 	38.01 COUNTY AGRICULTURAL SOCIETIES; FORMATION, POWERS.
1.10 	(a) An agricultural society or association may be
1.11 	incorporated by citizens of any county, or two or more counties
1.12 	jointly, but only one agricultural society shall be organized in
1.13 	any county.  An agricultural society may sue and be sued in its
1.14 	corporate name; may adopt bylaws, rules, and regulations, alter
1.15 	and amend the same; may purchase and hold, lease and control any
1.16 	real or personal property deemed to promote the objects of the
1.17 	society, and may rent, lease, sell, and convey the same.  Any
1.18 	income from the rental or lease of such the property may be used
1.19 	for any or all of the following purposes:  (1) Acquisition of
1.20 	additional real property; (2) Construction of additional
1.21 	buildings; or (3) Maintenance and care of the society's
1.22 	property.  This section shall not be construed to preclude the
1.23 	continuance of any agricultural society now existing or the
1.24 	granting of aid thereto to the society.
1.25 	(b) An agricultural society shall have jurisdiction and
2.1 	control of the grounds upon which its fairs are held and of the
2.2 	streets and grounds adjacent thereto grounds during such the 
2.3 	fair, so far as may be necessary for such purpose fair purposes,
2.4 	and are exempt from local zoning ordinances throughout the year
2.5 	as provided in section 38.16.  At or before the time of holding
2.6 	any fair, the agricultural society may appoint, in writing, as
2.7 	many persons to act as special constables as necessary, for and
2.8 	during the time of holding the same and for a reasonable time
2.9 	prior and subsequent thereto to the fair.  These constables,
2.10 	before entering upon their duties, shall take and subscribe the
2.11 	usual oath of office, endorsed upon their appointment, and have
2.12 	and exercise upon the grounds of the society, and within
2.13 	one-half mile thereof of the grounds, all the power and
2.14 	authority of constables at common law and, in addition thereto,
2.15 	may, within these limits, without warrant, arrest any person
2.16 	found violating any laws of the state, or any rule, regulation,
2.17 	or bylaw of the society, and summarily remove the persons and
2.18 	property of such the offenders from the grounds and take them
2.19 	before any court of competent jurisdiction to be dealt with
2.20 	according to law.  Each such appointed peace officer shall wear
2.21 	an appropriate badge of office while acting as such one.
2.22 	(c) As an alternative to the appointment of special
2.23 	constables, the society may contract with the sheriff or local
2.24 	municipality to provide the society with the same police service
2.25 	it may secure by appointing special constables.  A person
2.26 	providing police service pursuant to such a contract is not, by
2.27 	reason of the contract, classified as an employee of the
2.28 	agricultural society for any purpose other than the discharge of
2.29 	powers and duties under the contract.
2.30 	(d) Any person who shall willfully violate any rule or
2.31 	regulation made by such agricultural societies during the days
2.32 	of a fair shall be guilty of a misdemeanor.
2.33 	The provisions of this section supersede all special laws
2.34 	on the same subject.

2.35 	Sec. 2. Minnesota Statutes 2004, section 38.16, is amended
2.36 	to read:
3.1 	38.16 EXEMPTION FROM ZONING ORDINANCES.
3.2 	When lands lying within the corporate limits of towns or
3.3 	cities are owned by a county or agricultural society and used
3.4 	for agricultural fair purposes, the lands and the buildings now
3.5 	or hereafter erected are exempt from the zoning, building, and
3.6 	other ordinances of the town or city; provided, that .No
3.7 	license or permit need be obtained from, nor fee paid to, the
3.8 	town or city in connection with the use of the lands. For the
3.9 	purposes of this section, "agricultural fair purposes" includes
3.10 	the management of property as provided in section 38.01,
3.11 	paragraph (a).