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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 119-S.F.No. 1165 
                  An act relating to natural resources; restricting the 
                  production of planting stock by the commissioner of 
                  natural resources; requiring public disclosure of 
                  information relating to the commissioner's production 
                  of planting stock; extending certain timber permits; 
                  amending Minnesota Statutes 1996, sections 89.35, 
                  subdivision 1; 89.36, subdivision 1, and by adding a 
                  subdivision; and 89.37, subdivision 3, and by adding a 
                  subdivision. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 89.35, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [TREES DEFINED DEFINITIONS.] The term "tree"
        or "trees" as used in sections 89.35 to 89.39 shall include any 
        kind of trees or woody perennial shrubs or vines deemed suitable 
        by the commissioner of natural resources for the purposes herein 
        authorized The definitions in this subdivision apply to sections 
        89.35 to 89.39.  
           (a) "Tree" means any species of tree, woody perennial, 
        shrub, or vine approved by the commissioner for the purposes 
        authorized in sections 89.35 to 89.39, except such cultivated 
        varieties as that are capable of producing fruit for human 
        consumption. 
           (b) "Planting stock" or "tree planting stock" means trees 
        native to this state and includes native tree hybrids that have 
        been improved for conservation purposes. 
           Sec. 2.  Minnesota Statutes 1996, section 89.36, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PRODUCTION AT STATE NURSERIES.] The 
        commissioner of natural resources may produce tree planting 
        stock for the purposes of sections 89.35 to 89.39 upon any lands 
        under control of the commissioner which may be deemed suitable 
        and available therefor so far as not inconsistent with other 
        uses to which such lands may be dedicated by law.  The 
        commissioner may not produce more than 10,000,000 units of 
        planting stock annually. 
           Sec. 3.  Minnesota Statutes 1996, section 89.36, is amended 
        by adding a subdivision to read: 
           Subd. 4.  [ANNUAL REPORT.] The commissioner shall submit 
        an annual report to the legislature relating to the production 
        of planting stock at state nurseries.  The report must include 
        the following: 
           (1) sales figures; 
           (2) income figures; and 
           (3) expenses for operations and administration. 
           Copies of the report must be filed with the legislative 
        reference library and made available to the public. 
           The commissioner shall also provide any additional 
        information requested by the legislature relating to the 
        production of planting stock at state nurseries. 
           Sec. 4.  Minnesota Statutes 1996, section 89.37, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PRIVATE LANDS.] Except as otherwise expressly 
        provided, such planting stock in lots of not less than 500 may 
        be supplied for use on private land only upon payment of such 
        sum as the commissioner shall determine to pay for the cost of 
        the stock and expenses of distribution.  The commissioner may 
        supply only bare root seedlings, woody cuttings, and transplant 
        material for use on private land, provided that such material 
        must be sold in lots of not less than 500 for a sum determined 
        by the commissioner to be equivalent to the cost of the 
        materials and the expenses of their distribution.  The 
        commissioner may not directly or indirectly supply any other 
        planting stock for use on private lands.  
           Sec. 5.  Minnesota Statutes 1996, section 89.37, is amended 
        by adding a subdivision to read: 
           Subd. 6.  [PROMOTIONAL ACTIVITIES.] All promotional 
        materials for public cost-share programs for tree planting shall 
        address the eligibility of private nursery planting stock. 
           Sec. 6.  [SPECIAL EXTENSION OF TIMBER PERMITS.] 
           Timber sale permits issued under Minnesota Statutes, 
        sections 90.101, 90.121, 90.151, and 90.191, that would 
        otherwise expire in 1997 are extended for one year.  Extensions 
        issued under this section shall be without interest, and any 
        timber cut during the period of this extension or remaining 
        uncut at the expiration of this extension shall be billed at the 
        stumpage rates of the original sale.  Extensions granted under 
        Minnesota Statutes, section 90.193, from January 1, 1997, to the 
        effective date of this section, due to a lack of suitable winter 
        logging conditions or suitable economic conditions, shall be 
        granted without interest, and any timber cut during the period 
        of this extension or remaining uncut at the expiration of this 
        extension shall be billed at the stumpage rate of the original 
        sale. 
           Sec. 7.  [EFFECTIVE DATE.] 
           Section 6 is effective the day following final enactment. 
           Presented to the governor May 7, 1997 
           Signed by the governor May 8, 1997, 11:25 a.m.