HF 3134

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying authority of 
  1.3             the metropolitan mosquito control commission to enter 
  1.4             certain lands; amending Minnesota Statutes 1998, 
  1.5             section 473.704, subdivision 17. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 473.704, 
  1.8   subdivision 17, is amended to read: 
  1.9      Subd. 17.  [ENTRY TO PROPERTY.] (a) Members of the 
  1.10  commission, its officers, and employees, while on the business 
  1.11  of the commission, may enter upon any property within or outside 
  1.12  the district at reasonable times to determine the need for 
  1.13  control programs.  They may take all necessary and proper steps 
  1.14  for the control programs on property within the district as the 
  1.15  director of the commission may designate.  Subject to the 
  1.16  paramount control of the county and state authorities, 
  1.17  commission members and officers and employees of the commission 
  1.18  may enter upon any property and clean up any stagnant pool of 
  1.19  water, the shores of lakes and streams, and other breeding 
  1.20  places for mosquitoes within the district.  The commissioner of 
  1.21  natural resources shall allow the commission to enter upon state 
  1.22  property for the purposes described in this subdivision.  The 
  1.23  commission may apply insecticides approved by the director to 
  1.24  any area within or outside the district that is found to be a 
  1.25  breeding place for mosquitoes.  The commission shall give 
  2.1   reasonable notification to the governing body of the local unit 
  2.2   of government prior to applying insecticides outside of the 
  2.3   district on land located within the jurisdiction of the local 
  2.4   unit of government.  The commission shall not enter upon private 
  2.5   property if the owner objects except for control of disease 
  2.6   bearing mosquito encephalitis outbreaks. 
  2.7      (b) The commissioner of natural resources must approve 
  2.8   mosquito control plans or make modifications as the commissioner 
  2.9   of natural resources deems necessary for the protection of 
  2.10  public water, wild animals, and natural resources before control 
  2.11  operations are started on state lands administered by the 
  2.12  commissioner of natural resources.  Until July 1, 2002, approval 
  2.13  may, if the commissioner of natural resources considers it 
  2.14  necessary, be denied, modified, or revoked by the commissioner 
  2.15  of natural resources at any time upon written notice to the 
  2.16  commission. 
  2.17     Sec. 2.  [EFFECTIVE DATE.] 
  2.18     Section 1 is effective the day following final enactment.