SF 405

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 02/10/2017 08:41am

A bill for an act
relating to agriculture; requiring notification of adjacent landowners when the
presence of certain noxious weeds is confirmed; extending protection from penalties
related to official duties for certain public employees; amending Minnesota Statutes
2016, section 18.87; proposing coding for new law in Minnesota Statutes, chapter
18.

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

Section 1.

Minnesota Statutes 2016, section 18.87, is amended to read:

18.87 PENALTY.

A violation of section 18.86 or a rule adopted under that section is a misdemeanor.
new text begin Employees of the state of Minnesota, employees of University of Minnesota Extension,
new text end inspectors, county-designated employees, or their appointed assistants are not subject to the
penalties of this section for failure, neglect, or refusal to perform duties imposed on them
by sections 18.76 to 18.91.

Sec. 2.

new text begin [18.885] ADJACENT LANDOWNER NOTIFICATION REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the definitions in this
subdivision have the meanings given.
new text end

new text begin (b) "Mandatory reporter" means an inspector, the commissioner of natural resources, or
an employee of University of Minnesota Extension.
new text end

new text begin (c) "Eradicate weed" means a weed classified and listed by the commissioner under
section 18.79, subdivision 13, as a prohibited noxious weed on the eradicate list.
new text end

new text begin Subd. 2. new text end

new text begin Notification required within four business days. new text end

new text begin (a) When a mandatory
reporter confirms the presence of an eradicate weed on a new parcel or tract of real estate
in this state, the mandatory reporter must notify the owner or occupant of each adjacent
parcel or tract of real estate within four business days.
new text end

new text begin (b) When a mandatory reporter provides notice under paragraph (a), the reporter must
also notify the commissioner in the form required by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Notification contents. new text end

new text begin The notification required under this section must include
at least the following information:
new text end

new text begin (1) confirmation that the eradicate weed is or was recently present on adjacent property;
new text end

new text begin (2) how to identify and eradicate the weed;
new text end

new text begin (3) the means by which the eradicate weed is known or suspected to spread;
new text end

new text begin (4) the owner's or occupier's duties and rights under this chapter if the eradicate weed
should spread to their land; and
new text end

new text begin (5) appropriate contacts and sources for additional information.
new text end

new text begin Subd. 4. new text end

new text begin Notification method. new text end

new text begin The mandatory reporter must provide the notification
required under subdivision 2, paragraph (a), by certified mail or another method
acknowledging receipt.
new text end