Minnesota Legislature
HF 1743
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 03/06/2007 |
Current Version - as introduced
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A bill for an act
relating to agriculture; changing noxious weed eradication requirements;
amending Minnesota Statutes 2006, sections 18.80, subdivision 1; 18.81,
subdivisions 1, 3; 18.83, subdivisions 1, 3, 7; 18.84, subdivision 3; repealing
Minnesota Statutes 2006, sections 18.79, subdivisions 7, 8; 18.84, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 18.80, subdivision 1, is amended to read:
Subdivision 1.
County agricultural inspectors.
The county board deleted text begin shalldeleted text end new text begin may
new text end appoint one or more county agricultural inspectors deleted text begin that meet the qualifications prescribed
by rule. The appointment must be for a period of time which is sufficient to accomplish
the duties assigned to this position. A notice of the appointment must be delivered to the
commissioner within ten days of the appointment and it must establish the initial number
of hours to be worked annuallydeleted text end .
Sec. 2.
Minnesota Statutes 2006, section 18.81, subdivision 1, is amended to read:
Subdivision 1.
County agricultural inspectors.
deleted text begin It is the duty of county agricultural
inspectorsdeleted text end new text begin The county board shall specify the responsibilities of the county agricultural
inspector, which may include the followingnew text end :
(1) to see that sections 18.76 to 18.88 and rules adopted under those sections are
carried out within their jurisdiction;
(2) to see that sections 21.80 to 21.92 and rules adopted under those sections are
carried out within their jurisdiction;
(3) to see that sections 21.71 to 21.78 and rules adopted under those sections are
carried out within their jurisdiction;
(4) to participate in the control programs for feed, fertilizer, pesticide, and insect
pests when requested, in writing, to do so by the commissioner;
(5) to participate in other agricultural programs under the control of the commissioner
when requestednew text begin , in writing,new text end to do sodeleted text begin , subject to vetodeleted text end by the deleted text begin county boarddeleted text end new text begin commissionernew text end ;
(6) to administer the distribution of funds allocated by the county board to the county
agricultural inspector for noxious weed control and eradication within the county;new text begin and
new text end
deleted text begin
(7) to submit reports and attend meetings that the commissioner requires; and
deleted text end
deleted text begin (8) to publish a general weed notice ofdeleted text end new text begin provide information onnew text end the legal duty to
control noxious weeds deleted text begin in one or more legal newspapers of general circulation throughout
the countydeleted text end .
Sec. 3.
Minnesota Statutes 2006, section 18.81, subdivision 3, is amended to read:
Subd. 3.
Nonperformance by inspectors; reimbursement for expenses.
If local
weed inspectors neglect or fail to do their duty as prescribed in this section, the county
agricultural inspectornew text begin , if one has been appointed by the county board,new text end shall issue a notice
to the inspector providing instructions on how and when to do their duty. If, after the time
allowed in the notice, the local weed inspector has not complied as directed, the county
agricultural inspector may perform the duty for the local weed inspector. A claim for the
expense of doing the local weed inspector's duty is a legal charge against the municipality
in which the inspector has jurisdiction. The county agricultural inspector doing the work
may file an itemized statement of costs with the clerk of the municipality in which the
work was performed. The municipality shall immediately issue proper warrants to the
county for the work performed. If the municipality fails to issue the warrants, the county
auditor may include the amount contained in the itemized statement of costs as part of the
next annual tax levy in the municipality and withhold that amount from the municipality
in making its next apportionment.
Sec. 4.
Minnesota Statutes 2006, section 18.83, subdivision 1, is amended to read:
Subdivision 1.
General weed notice.
A general notice for noxious weed control or
eradication deleted text begin mustdeleted text end new text begin maynew text end be published on or before May 15 of each year deleted text begin and at other times
the commissioner directsdeleted text end .new text begin This requirement may be satisfied through the county Web
site.new text end Failure of the county agricultural weed inspector to publish the general notice does
not relieve a person from the necessity of full compliance with sections 18.76 to 18.88
and related rules. The published notice is legal and sufficient notice when an individual
notice cannot be served.
Sec. 5.
Minnesota Statutes 2006, section 18.83, subdivision 3, is amended to read:
Subd. 3.
Appeal of individual notice; appeal committee.
deleted text begin (1)deleted text end A recipient of an
individual notice may appeal, in writing, the order for control or eradication of noxious
weeds. This appeal must be filed with deleted text begin a member of the appeal committee in the county
where the land is locateddeleted text end new text begin the jurisdiction that issued the noticenew text end within two working days
of the time the notice is received. The deleted text begin committeedeleted text end new text begin jurisdictionnew text end must inspect the land
specified in the notice and report back to the recipient and the inspector who issued the
notice within five working days, either agreeing, disagreeing, or revising the order. The
decision may be appealed in district court. If the deleted text begin committeedeleted text end new text begin jurisdictionnew text end agrees or revises
the order, the control or eradication specified in the order, as approved or revised deleted text begin by the
committeedeleted text end , may be carried out.
deleted text begin
(2) The county board of commissioners shall appoint members of the appeal
committee. The membership must include a county commissioner or municipal official
and a landowner residing in the county. The expenses of the members may be reimbursed
by the county upon submission of an itemized statement to the county auditor. At its
option, the county board of commissioners, by resolution, may delegate the duties of the
appeal committee to its board of adjustment established pursuant to section . When
carrying out the duties of the appeal committee, the zoning board of adjustment shall
comply with all of the procedural requirements of this section.
deleted text end
Sec. 6.
Minnesota Statutes 2006, section 18.83, subdivision 7, is amended to read:
Subd. 7.
Expenses; reimbursements.
A claim for the expense of controlling or
eradicating noxious weedsdeleted text begin , which may include the costs of serving notices, is a legal
charge against the county in which the land is located. The officers having the work done
must file with the county auditor a verified and itemized statement of cost for all services
rendered on each separate tract or lot of land. The county auditor shall immediately issue
proper warrants to the persons named on the statement as having rendered services. To
reimburse the county for its expenditure in this regard, the county auditor shall certify the
total amount due and, unless an appeal is made in accordance with section 18.84, enter it
on the tax roll as a tax upon the land and it must be collected as other real estate taxes are
collected.deleted text end new text begin that is not reimbursed by the owner of the land is a legal charge against the land.
After the expense is incurred, the weed inspector shall file verified and itemized statements
of the cost of all services rendered with the county auditor of the county in which the land
is located. The county auditor shall place a lien in favor of the jurisdiction that ordered the
control or eradication of noxious weeds against the land involved, which must be certified
by the county auditor and collected according to section 429.101.new text end
If public land is involved, the amount due must be paid from funds provided for
maintenance of the land or from the general revenue or operating fund of the agency
responsible for the land. deleted text begin Each claim for control or eradication of noxious weeds on public
lands must first be approved by the commissioner of agriculture.
deleted text end
Sec. 7.
Minnesota Statutes 2006, section 18.84, subdivision 3, is amended to read:
Subd. 3.
deleted text begin Courtdeleted text end Appeal of costsnew text begin to district courtnew text end ; petition.
(a) A deleted text begin landowner who
has appealed the cost of noxious weed control measures under subdivision 2deleted text end new text begin person who
is ordered to control noxious weeds under sections 18.76 to 18.88 and is charged for
noxious weed controlnew text end may petition for judicial reviewnew text begin of the chargesnew text end . The petition must
be filed within 30 days after deleted text begin the conclusion of the hearing before the county boarddeleted text end new text begin being
chargednew text end . The petition must be filed with the court administrator in the county in which the
land where the noxious weed control measures were undertaken is located, together with
proof of service of a copy of the petition on the county auditor. No responsive pleadings
may be required of the county, and no court fees may be charged for the appearance of
the county in this matter.
(b) The petition must be captioned in the name of the person making the petition as
petitioner and respective county as respondents. The petition must include the petitioner's
name, the legal description of the land involved, a copy of the notice to control noxious
weeds, and the date or dates on which appealed control measures were undertaken.
(c) The petition must state with specificity the grounds upon which the petitioner
seeks to avoid the imposition of a lien for the cost of noxious weed control measures.
Sec. 8. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2006, sections 18.79, subdivisions 7 and 8; and 18.84,
subdivision 2,
new text end
new text begin
are repealed.
new text end