SF 2124

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to the metropolitan mosquito control 
  1.3             district; requiring notice before application of adult 
  1.4             or larval mosquito control treatment; amending 
  1.5             Minnesota Statutes 1996, section 473.704, subdivision 
  1.6             17; proposing coding for new law in Minnesota 
  1.7             Statutes, chapter 473. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 473.704, 
  1.10  subdivision 17, is amended to read: 
  1.11     Subd. 17.  [ENTRY TO PROPERTY.] Members of the commission, 
  1.12  its officers, and employees, while on the business of the 
  1.13  commission, may enter upon any property within or outside the 
  1.14  district at reasonable times to determine the need for control 
  1.15  programs.  They may take all necessary and proper steps for the 
  1.16  control programs on property within the district as the director 
  1.17  of the commission may designate.  Subject to the paramount 
  1.18  control of the county and state authorities, commission members 
  1.19  and officers and employees of the commission may enter upon any 
  1.20  property and clean up any stagnant pool of water, the shores of 
  1.21  lakes and streams, and other breeding places for mosquitoes 
  1.22  within the district.  The commissioner of natural resources 
  1.23  shall allow the commission to enter upon state property for the 
  1.24  purposes described in this subdivision.  The commission may 
  1.25  apply insecticides approved by the director to any area within 
  1.26  or outside the district that is found to be a breeding place for 
  2.1   mosquitoes.  The commission shall give reasonable notification 
  2.2   to notify the public, potentially affected property owners, and 
  2.3   the governing body of the local unit of government prior to 
  2.4   applying insecticides outside of the district on land located 
  2.5   within the jurisdiction of the local unit of government as 
  2.6   provided in section 473.7045.  The commission shall not enter 
  2.7   upon private property if the owner objects except for control of 
  2.8   disease bearing mosquito encephalitis outbreaks. 
  2.9      Sec. 2.  [473.7045] [NOTICE REQUIRED.] 
  2.10     Subdivision 1.  [PUBLIC LAND.] At least 48 hours, but not 
  2.11  more than seven days, before each planned application of an 
  2.12  insecticide for adult or larval mosquito control on public land 
  2.13  or water, the commission shall post notices on the public land 
  2.14  to inform the public of: 
  2.15     (1) the scheduled day and time of the application; 
  2.16     (2) the name of product that will be used and a list of the 
  2.17  active and inert ingredients in the product; 
  2.18     (3) all precautionary statements from the label of the 
  2.19  product concerning hazards to humans, domestic animals, and the 
  2.20  environment; and 
  2.21     (4) a telephone number to call for further information.  
  2.22  The notification signs must be brightly colored, use bold print, 
  2.23  be a minimum of 8-1/2 inches by 11 inches in size, and be posted 
  2.24  at least every 100 feet.  The signs must remain in place at 
  2.25  least two days immediately following application of the 
  2.26  insecticide, or for as long as the insecticide remains active, 
  2.27  whichever is longer. 
  2.28     Subd. 2.  [PRIVATE PROPERTY.] At least 48 hours, but not 
  2.29  more than seven days, before each planned application of an 
  2.30  insecticide for adult or larval mosquito control, the commission 
  2.31  shall notify private property residents of when and where 
  2.32  applications will be made that will come within 300 feet of 
  2.33  their agricultural land or within 1,000 feet of their residence. 
  2.34  Notice must be made in person or by placing an information card 
  2.35  on the door of each residence.  The following information must 
  2.36  be provided: 
  3.1      (1) the scheduled day and time of the application; 
  3.2      (2) the name of product that will be used and a list of the 
  3.3   active and inert ingredients in the product; 
  3.4      (3) all precautionary statements from the label of the 
  3.5   product concerning hazards to humans, domestic animals, and the 
  3.6   environment; 
  3.7      (4) that the resident can refuse application of the 
  3.8   insecticide and the procedure for requesting that private 
  3.9   property not be treated, including the telephone number to call 
  3.10  to make the request; 
  3.11     (5) the name of the person delivering the information; and 
  3.12     (6) a telephone number to call for further information. 
  3.13     Subd. 3.  [LOCAL GOVERNMENT NOTICE.] At least seven days, 
  3.14  but not more than 14 days, before each planned application of an 
  3.15  insecticide for adult or larval mosquito control within the 
  3.16  jurisdiction of a statutory or home rule charter city, or town, 
  3.17  the commission shall notify the mayor and clerk of the city, or 
  3.18  the chair of the town board and the town clerk, of the planned 
  3.19  application. 
  3.20     Subd. 4.  [RECORDS.] The commission shall maintain records 
  3.21  of the commission's notifications to private property residents, 
  3.22  cities, and towns and the posting of public property under this 
  3.23  section.  The records must be cross-referenced by date and city 
  3.24  or town name.  The commission also shall maintain records for 
  3.25  each city and town that itemize in chronological order the 
  3.26  application of insecticides for adult or larval mosquito control 
  3.27  within the city or town. 
  3.28     Sec. 3.  [APPLICATION.] 
  3.29     This act applies in the counties of Anoka, Carver, Dakota, 
  3.30  Hennepin, Ramsey, Scott, and Washington.