1.1                          A bill for an act 
  1.2             relating to natural resources; restricting the 
  1.3             production of planting stock by the commissioner of 
  1.4             natural resources; requiring public disclosure of 
  1.5             information relating to the commissioner's production 
  1.6             of planting stock; amending Minnesota Statutes 1996, 
  1.7             sections 89.35, subdivision 1; 89.36, subdivision 1, 
  1.8             and by adding a subdivision; and 89.37, subdivisions 
  1.9             3, 3a, and by adding a subdivision. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1996, section 89.35, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [TREES DEFINED DEFINITIONS.] The term "tree"
  1.14  or "trees" as used in sections 89.35 to 89.39 shall include any 
  1.15  kind of trees or woody perennial shrubs or vines deemed suitable 
  1.16  by the commissioner of natural resources for the purposes herein 
  1.17  authorized The definitions in this subdivision apply to sections 
  1.18  89.35 to 89.39.  
  1.19     (a) "Tree" means any species of tree, woody perennial, 
  1.20  shrub, or vine approved by the commissioner for the purposes 
  1.21  authorized in sections 89.35 to 89.39, except such cultivated 
  1.22  varieties as that are capable of producing fruit for human 
  1.23  consumption. 
  1.24     (b) "Planting stock" or "tree planting stock" means trees 
  1.25  native to this state and includes native tree hybrids that have 
  1.26  been improved for conservation purposes. 
  1.27     Sec. 2.  Minnesota Statutes 1996, section 89.36, 
  2.1   subdivision 1, is amended to read: 
  2.2      Subdivision 1.  [PRODUCTION AT STATE NURSERIES.] The 
  2.3   commissioner of natural resources may produce tree planting 
  2.4   stock for the purposes of sections 89.35 to 89.39 upon any lands 
  2.5   under control of the commissioner which may be deemed suitable 
  2.6   and available therefor so far as not inconsistent with other 
  2.7   uses to which such lands may be dedicated by law.  The 
  2.8   commissioner may not produce more than 10,000,000 units of 
  2.9   planting stock annually. 
  2.10     Sec. 3.  Minnesota Statutes 1996, section 89.36, is amended 
  2.11  by adding a subdivision to read: 
  2.12     Subd. 1a.  [ANNUAL REPORT.] The commissioner shall submit 
  2.13  an annual report to the legislature relating to the production 
  2.14  of planting stock at state nurseries.  The report must include 
  2.15  the following: 
  2.16     (1) sales figures; 
  2.17     (2) income figures; and 
  2.18     (3) expenses for operations and administration. 
  2.19     Copies of the report must be filed with the legislative 
  2.20  reference library and made available to the public. 
  2.21     The commissioner shall also provide any additional 
  2.22  information requested by the legislature relating to the 
  2.23  production of planting stock at state nurseries. 
  2.24     Sec. 4.  Minnesota Statutes 1996, section 89.37, 
  2.25  subdivision 3, is amended to read: 
  2.26     Subd. 3.  [PRIVATE LANDS.] Except as otherwise expressly 
  2.27  provided, such planting stock in lots of not less than 500 may 
  2.28  be supplied for use on private land only upon payment of such 
  2.29  sum as the commissioner shall determine to pay for the cost of 
  2.30  the stock and expenses of distribution.  The commissioner may 
  2.31  supply only bare root seedlings and transplant material for use 
  2.32  on private land, provided that such material must be sold in 
  2.33  lots of not less than 500 for a sum determined by the 
  2.34  commissioner to be equivalent to the cost of the materials and 
  2.35  the expenses of their distribution.  The commissioner may not 
  2.36  directly or indirectly supply any other planting stock for use 
  3.1   on private lands.  
  3.2      Sec. 5.  Minnesota Statutes 1996, section 89.37, 
  3.3   subdivision 3a, is amended to read: 
  3.4      Subd. 3a.  [SALES OF TREES TO SOIL AND WATER CONSERVATION 
  3.5   DISTRICTS.] The commissioner of natural resources may supply 
  3.6   tree planting stock to organized soil and water conservation 
  3.7   districts for soil, water, wildlife and conservation purposes or 
  3.8   as prescribed in section 89.35, subdivision 2, upon payment of 
  3.9   the cost of the stock and expenses of distribution. 
  3.10     There is no minimum limitation on the number of trees going 
  3.11  on an individual location.  The district shall make the 
  3.12  determination of the numbers of trees going to each location. 
  3.13     Resale of trees with roots attached by the districts to 
  3.14  their cooperators is permitted if planted in accordance with 
  3.15  conservation purposes set forth in section 89.35, subdivision 2. 
  3.16     The soil and water conservation districts are permitted to 
  3.17  resell trees with an adequate amount added to defray costs of 
  3.18  handling, grading, transportation, storage, salaries and other 
  3.19  costs directly related to planting the stock, provided that any 
  3.20  resale of trees for use on private land is limited to bare root 
  3.21  seedlings and transplant material. 
  3.22     The district shall keep a record of all trees planted and 
  3.23  the locations of the plantings.  A record of the plantings shall 
  3.24  be sent to the commissioner of natural resources. 
  3.25     Soil and water conservation districts may establish joint 
  3.26  distribution centers, if necessary, to facilitate distribution 
  3.27  or improve quality of tree planting stock when approved by the 
  3.28  commissioner of natural resources and the soil and water 
  3.29  conservation districts so affected. 
  3.30     Sec. 6.  Minnesota Statutes 1996, section 89.37, is amended 
  3.31  by adding a subdivision to read: 
  3.32     Subd. 6.  [PROMOTIONAL ACTIVITIES.] A state agency or local 
  3.33  unit of government that promotes tree planting to private 
  3.34  landowners must refer to the availability of planting materials 
  3.35  from private nurseries in its promotional materials and 
  3.36  activities.