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 DEFINEDDEFINITIONS.] 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 authorizedThe 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 suchcultivated varieties asthat 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.