SF 1580

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to agriculture; expanding the definition of
shade tree; appropriating money; amending Minnesota
Statutes 2004, section 18G.16, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 18G.16,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The definitions in this
subdivision apply to this section.

(b) "Metropolitan area" means the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

(c) "Municipality" means a home rule charter or statutory
city or a town located in the metropolitan area that exercises
municipal powers under section 368.01 or any general or special
law; a special park district organized under chapter 398; a
special-purpose park and recreation board organized under the
city charter of a city of the first class located in the
metropolitan area; a county in the metropolitan area for the
purposes of county-owned property or any portion of a county
located outside the geographic boundaries of a city or a town
exercising municipal powers; and a municipality or county
located outside the metropolitan area with an approved disease
control program.

(d) "Shade tree disease" means deleted text begin Dutch elm disease, oak wilt,
or deleted text end any disorder affecting the growth and life of shade trees.

(e) "Wood utilization or disposal system" means facilities,
equipment, or systems used for the removal and disposal of
diseased shade trees, including collection, transportation,
processing, or storage of wood and assisting in the recovery of
materials or energy from wood.

(f) "Approved disease control program" means a municipal
plan approved by the commissioner to control shade tree disease.

(g) "Disease control area" means an area approved by the
commissioner within which a municipality will conduct an
approved disease control program.

(h) "Sanitation" means the identification, inspection,
disruption of a common root system, girdling, trimming, removal,
and disposal of dead or diseased wood of shade trees, including
subsidies for trees removed pursuant to subdivision 4, on public
or private property within a disease control area.

(i) "Reforestation" means the replacement of shade trees
removed from public property and the planting of a tree as part
of a municipal disease control program. For purposes of this
paragraph, "public property" includes private property within
five feet of the boulevard or street terrace in a city that
enacted an ordinance on or before January 1, 1977, that
prohibits or requires a permit for the planting of trees in the
public right-of-way.

new text begin (j) "Shade tree" means a woody perennial grown primarily
for aesthetic or environmental purposes.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin $15,000,000 is appropriated from the general fund to the
commissioner of agriculture for the shade tree pest and disease
control program under Minnesota Statutes, section 18G.16.
new text end