HF 5390

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/15/2024 03:37pm

A bill for an act
relating to agriculture; modifying the scope of certain local plant pest control
resolutions and ordinances; requiring the modification of certain existing
ordinances; amending Minnesota Statutes 2022, section 18G.13, subdivision 7.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 18G.13, subdivision 7, is amended to read:

Subd. 7.

Regulations; scope.

new text begin (a) new text end A city council, board of county commissioners, or
town board may by resolution or ordinance adopt and enforce regulations to control and
prevent the spread of plant pests and diseases. The regulations may authorize appropriate
officers and employees to:

(1) enter and inspect any public or private place that might harbor plant pests;

(2) provide for the summary removal of diseased trees from public or private places if
necessary to prevent the spread of the disease;

(3) require the owner to destroy or treat plant pests, diseased or invasive plants, or other
infested material; and

(4) provide for the work at the expense of the owner.

The expense must be a lien upon the property and may be collected as a special assessment
as provided by section 429.101 or by charter. In this subdivision, "private place" means
every place except a private home.

new text begin (b) If a resolution or an ordinance adopted under this subdivision authorizes appropriate
officers and employees to enter and inspect private places that might harbor plant pests, the
resolution or ordinance must require that the officers and employees obtain prior approval
from and attempt to speak in person with an owner, a tenant, or in the case of a business or
multifamily dwelling, an owner or a manager of each private place. When attempting to
speak in person with any individual, an officer or employee must display proper credentials.
new text end

new text begin (c) If a resolution or an ordinance adopted under this subdivision authorizes appropriate
officers and employees of a city, county, or town to take the actions specified in paragraph
(a), clauses (3) and (4), the resolution or ordinance must require the officers or employees
to:
new text end

new text begin (1) at least annually, prepare and share with affected residents a plant pest or disease
control plan that includes but is not limited to actions that the city, county, or town will take
to avoid or mitigate any anticipated inequitable racial impacts;
new text end

new text begin (2) provide notifications, deadlines, financing options and other forms of financial
assistance, and all other relevant information in each language spoken by a substantial
number of affected residents;
new text end

new text begin (3) provide affected owners at least 180 days from the date of notification to destroy or
treat plant pests, diseased or invasive plants, or other infested material before providing for
the work at the owner's expense; and
new text end

new text begin (4) when providing for the work at the owner's expense, upon the request of the owner,
provide the owner with the itemized cost of the work, including but not limited to disclosing
any bidding or proposal process.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to any resolution or ordinance adopted under this section on or after that date.
new text end

Sec. 2. new text begin EXISTING ORDINANCE; DEADLINE.
new text end

new text begin No later than September 1, 2024, any park and recreation board of a city of the first class
must amend any existing ordinance adopted under Minnesota Statutes, section 18G.13, to
comply with this act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end