1.1.................... moves to amend H.F. No. 2123, the delete everything amendment
1.2(H2123DE1-3), as follows:
1.3Page 61, after line 12, insert:

1.4    "Sec. 57. ENCOURAGE PRIVATE SECTOR COMPETITION AND PHASE
1.5OUT STATE PRODUCTION.
1.6    Subdivision 1. State tree planting stock nurseries. (a) The commissioner of
1.7natural resources shall cease plantings at one of the two state tree planting stock nurseries
1.8and, within two years of the effective date of this section, dispose of the state nursery
1.9according to subdivision 4.
1.10(b) At the remaining state nursery, the commissioner shall decrease production
1.11of tree planting stock by 20 percent of the 2008 production level for each of the years
1.122009, 2010, 2011, and 2012. Within five years of the effective date of this section, the
1.13commissioner shall dispose of the remaining state nursery according to subdivision 4.
1.14    Subd. 2. Production reduction schedule. The commissioner of natural resources
1.15shall make a schedule available on the department's Web site that shows the annual
1.16production reductions for each year, including the availability of specific species.
1.17    Subd. 3. Sale of state nurseries. (a) Notwithstanding Minnesota Statutes, sections
1.1894.09 and 94.10, the commissioner may sell by public or private sale the real property,
1.19improvements, and all other business assets of state nurseries as authorized under this
1.20section. The nurseries shall be appraised according to Minnesota Statutes, section 94.10,
1.21subdivision 1, paragraph (b). A sale under this section must be in a form approved by the
1.22attorney general. If a nursery is sold as a going concern, the terms of sale must require
1.23the buyer to assume any contractual obligations of the state related to the operation
1.24of the nursery and must specify any conditions the commissioner requires to minimize
1.25disruption to ongoing plantings or sales.
1.26(b) Unless otherwise specified by law, proceeds from the sale of state nurseries under
1.27this section shall be deposited in the state treasury and credited to the general fund.
2.1EFFECTIVE DATE.This section is effective the day following final enactment.

2.2    Sec. 58. FOREST HEALTH APPROPRIATION.
2.3$500,000 in fiscal year 2010 and $250,000 in fiscal year 2011 are appropriated from
2.4the forest nursery account to the commissioner of agriculture to establish a statewide early
2.5detection system for invasive tree pests that threaten the health of Minnesota's community
2.6and natural forests. The early detection system shall include increasing public awareness
2.7for purposes of preventing introduction and promoting detection through the training
2.8and coordination of volunteers throughout the state to be early detectors of invasive tree
2.9pests. This section shall be implemented in partnership with the Department of Natural
2.10Resources. The unencumbered balance in the first year does not cancel but is available for
2.11the second year. If the appropriation in either year is insufficient, the appropriation for the
2.12other year is available for it. Of this amount:
2.13(1) $100,000 each year is to hire two full-time equivalent positions for enhanced
2.14monitoring and assessment of emerald ash borer and enhanced regulatory inspection
2.15of nursery stock or ash products entering the state to ensure emerald ash borer is not
2.16transported to other areas. The commissioner shall consider for employment under this
2.17clause temporary or permanent staff whose positions were eliminated due to the closing of
2.18a state nursery under section 57;
2.19(2) $150,000 each year is for employment of approximately ten temporary or
2.20seasonal staff members specializing in early detection and increasing public awareness
2.21for preventing introduction of invasive tree pests. The commissioner may contract with
2.22the Minnesota Conservation Corps to fulfill this clause. The commissioner shall consider
2.23for employment under this clause temporary or permanent staff whose positions were
2.24eliminated due to the closing of a state nursery under section 57; and
2.25(3) $250,000 is available as needed by the commissioner of agriculture to fund
2.26emergency response to a tree pest invasion that exceeds general agency resources."
2.27Renumber the sections in sequence and correct the internal references
2.28Amend the title accordingly