HF 635

as introduced - 87th Legislature (2011 - 2012) Posted on 02/21/2011 10:03am

A bill for an act
relating to natural resources; eliminating Department of Natural Resources
programs that duplicate private market activities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin ENCOURAGE PRIVATE SECTOR COMPETITION AND PHASE
OUT STATE PRODUCTION.
new text end

new text begin Subdivision 1. new text end

new text begin State tree planting stock nurseries. new text end

new text begin (a) The commissioner of
natural resources shall cease plantings at one of the two state tree planting stock nurseries
and, within one year of the effective date of this section, dispose of the state nursery
according to subdivision 4.
new text end

new text begin (b) At the remaining state nursery, the commissioner shall decrease production
of tree planting stock by 20 percent of the 2010 production level for each of the years
2011, 2012, 2013, and 2014. Within five years of the effective date of this section, the
commissioner shall dispose of the remaining state nursery according to subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin State fish hatcheries. new text end

new text begin (a) The commissioner of natural resources shall
decrease walleye and muskie fry to fingerling production at state cool water fish hatcheries
by 20 percent of the 2010 walleye and muskie fry to fingerling production level for each
of the years 2011, 2012, 2013, and 2014. Within five years of the effective date of this
section, the commissioner shall cease all fry to fingerling rearing of walleye and muskie.
new text end

new text begin (b) The commissioner shall close offices and hatcheries and sell hatchery assets,
according to subdivision 4, as they are no longer needed due to decreased production
under this subdivision. Natural rearing ponds transferred to the private sector according to
this section must not be used for rearing benthic feeding fish.
new text end

new text begin Subd. 3. new text end

new text begin Production reduction schedule. new text end

new text begin The commissioner of natural resources
shall make a schedule available on the department's Web site that shows the annual
production reductions for each year, including the availability of specific species.
new text end

new text begin Subd. 4. new text end

new text begin Sale of state nurseries and hatcheries. new text end

new text begin (a) Notwithstanding Minnesota
Statutes, sections 94.09 and 94.10, the commissioner may sell by public or private sale the
real property, improvements, and all other business assets of state nurseries and hatcheries
as authorized under this section. The nurseries and hatcheries shall be appraised according
to Minnesota Statutes, section 94.10, subdivision 1, paragraph (b). A sale under this
section must be in a form approved by the attorney general. If a nursery or hatchery is sold
as a going concern, the terms of sale must require the buyer to assume any contractual
obligations of the state related to the operation of the nursery or hatchery and must specify
any conditions the commissioner requires to minimize disruption to ongoing plantings
or sales.
new text end

new text begin (b) Unless otherwise specified by law, proceeds from the sale of state nurseries,
hatcheries, and assets under this section shall be deposited in the state treasury and
credited to the general fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end