1997 Minnesota Statutes

CHAPTER 18. Pest control

  18.01 Repealed, 1959 c 35 s 19 

     18.011 Definition.  

    Subdivision 1.    Scope.  Except where the context 
 otherwise indicates, for the purposes of this chapter, the terms 
 defined in this section have the meanings given them.  

    Subd. 2.    Commissioner.  "Commissioner" means the 
 commissioner of the department of agriculture.  

    HIST: 1961 c 113 s 1; 1961 c 128 s 3 

     18.012 Policy.  

    The purpose of this local pest control act is to authorize 
 subdivisions of state government to establish and fund their own 
 programs to control pests that may be detrimental to the health 
 and welfare of humans or animals and to the environment.  To 
 assure that these local programs are conducted in a safe and 
 proper manner, these programs must be formulated and conducted 
 in accordance with the directions and recommendations prescribed 
 by the commissioner.  

    HIST: 1975 c 180 s 1; 1986 c 444 

  18.02 Repealed, 1959 c 35 s 19 

     18.021 Definitions. 

    Subdivision 1.    Terms.  Unless the language or context 
 clearly indicates that a different meaning is intended, the 
 following terms shall, for the purposes of section 18.022, be 
 given the meanings subjoined to them.  

    Subd. 2.    Insect pest.  "Insect pest" includes 
 grasshoppers, cutworms, army worms, European corn borers, 
 Japanese beetles, European elm bark beetles, native elm bark 
 beetles, forest tent caterpillars, bee diseases, and any other 
 insects which the commissioner may designate as dangerous to 
 crops or the welfare of the people.  

    Subd. 3.    Destructive or nuisance animals.  
 "Destructive or nuisance animals" includes such animals as rats, 
 gophers, mice, and other unprotected wild animals as defined in 
 section 97B.655, which the commissioner may designate as 
 dangerous to the welfare of the people.  

    Subd. 4.    Diseases.  The term "diseases" refers to 
 such dangerous plant diseases and bee diseases as the 
 commissioner may designate as dangerous to agriculture, 
 horticulture, and forestry.  

    HIST: (6145-24,6145-25,6145-26) 1935 c 29 s 9-11; 1953 c 641 s 
 2; 1957 c 552 s 14; 1965 c 768 s 1; 1967 c 799 s 1; 1986 c 386 
 art 4 s 4 

     18.022 Insect pests, plant diseases, bee diseases, and 
  destructive or nuisance animals. 

    Subdivision 1.    Control.  When recommended so to do 
 by the commissioner of agriculture, the governing body of any 
 county, city, or town of this state is hereby authorized and 
 empowered to appropriate money for the control of insect pests, 
 plant diseases, bee diseases, or destructive or nuisance 
 animals.  Such money shall be expended according to technical 
 and expert opinions and plans as shall be designated by the 
 commissioner and the work shall be carried on under the 
 direction of the commissioner.  

    Subd. 2.    Cost.  The governing body of the political 
 subdivision may levy a tax on the taxable property within the 
 subdivision to defray the cost of the activities authorized 
 under subdivision 1. 

    Subd. 3.    Certificates of indebtedness.  To provide 
 funds for such activities in advance of collection of the tax 
 levies under subdivision 2, the governing body may, at any time 
 after the tax has been levied and certified to the county 
 auditor for collection, issue certificates of indebtedness in 
 anticipation of the collection and payment of such tax.  The 
 total amount of such certificates, including principal and 
 interest, shall not exceed 90 percent of the amount of such levy 
 and shall be payable from the proceeds of such levy and not 
 later than two years from the date of issuance.  They shall be 
 issued on such terms and conditions as the governing body may 
 determine and shall be sold as provided in section 475.60.  If 
 the governing body determines that an emergency exists, it may 
 make appropriations from the proceeds of such certificates for 
 authorized purposes without complying with statutory or charter 
 provisions requiring that expenditures be based on a prior 
 budget authorization or other budgeting requirement.  

    Subd. 4.    Deposit of proceeds in separate fund.  The 
 proceeds of any tax levied under subdivision 2 or of any issue 
 of certificates of indebtedness under subdivision 3 shall be 
 deposited in the municipal treasury in a separate fund and 
 expended only for purposes authorized by this section.  If no 
 disbursement is made from the fund for a period of five years, 
 any money remaining therein may be transferred to the general 
 fund.  

    Subd. 5.    Penalty.  Any person who shall prevent, 
 obstruct, or in any manner interfere with the county authorities 
 or their agents in carrying out the provisions of subdivisions 1 
 to 4, or neglects to comply with the rules and regulations of 
 the county commissioners promulgated under authority thereof, 
 shall be guilty of a misdemeanor.  

    Subd. 6.    Regulations, scope.  The council of any 
 city by ordinance and the board of county commissioners of any 
 county and the town board of any town by resolution may adopt 
 and enforce regulations to control and prevent the spread of 
 plant pests and diseases.  Such regulations may authorize 
 appropriate officers and employees to enter and inspect any 
 public or private place which might harbor plant pests, as 
 defined in section 18.46, subdivision 13, may provide for the 
 summary removal of diseased trees from public or private places 
 where deemed necessary to prevent the spread of the disease, may 
 require the owner to destroy or treat plant pests, diseased 
 plants or other disease bearing material and in default thereof 
 to provide for such work at the expense of the owner, which 
 expense shall 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, the term private place means 
 every place except a private home.  

    Subd. 7.    Failure of political subdivision to act; 
 commissioner's duties.  If the governing body of a political 
 subdivision does not appropriate money for the control of Dutch 
 elm disease pursuant to subdivision 1, or does not adopt and 
 enforce regulations to control and prevent the spread of Dutch 
 elm disease pursuant to subdivision 6, and if the commissioner 
 determines that economic, recreational, or esthetic losses will 
 result, the commissioner shall proceed as provided in section 
 18.48, subdivisions 1 and 4, to control the spread of Dutch elm 
 disease.  However, the expense of these control activities 
 performed on land owned by a county, city, or town is a charge 
 upon the county, city, or town owning the land and shall be paid 
 by the governing body from money which it shall appropriate 
 pursuant to subdivision 1 and, if necessary, for which it shall 
 levy taxes pursuant to subdivision 2.  The purpose of this 
 subdivision and of the increased maximum tax levies authorized 
 by subdivision 2, clause (b), is to protect elm trees from Dutch 
 elm disease and thus prevent the economic, recreational, and 
 esthetic losses which occur when elm trees are killed by Dutch 
 elm disease.  

    Subd. 8.    Rules.  The commissioner may make 
 reasonable rules after a public hearing, in a manner provided by 
 law, to properly carry out the purposes of this section and 
 section 18.012.  

    Subd. 9.    Rules.  The commissioner may adopt rules in 
 accordance with chapter 14 prescribing control measures to be 
 used to prevent the spread of shade tree diseases and shall 
 include the following:  (a) A definition of shade tree, (b) 
 qualifications for inspectors, (c) methods of identifying 
 diseased shade trees, (d) procedures for giving reasonable 
 notice of inspection of private real property, (e) measures for 
 the treatment and removal of any shade tree which may contribute 
 to the spread of shade tree disease, and (f) such other matters 
 as shall be determined to be necessary by the commissioner to 
 prevent the spread of shade tree disease and enforce the 
 provisions of this section.  The rules of the commissioner shall 
 apply in a county, city or town unless the county, city or town 
 adopts an ordinance or resolution pursuant to subdivision 6 
 which is determined by the commissioner to be more stringent 
 than the rules of the commissioner.  The rules of the 
 commissioner or the more stringent ordinance or resolution of 
 the city, county or town shall apply to all state agencies and 
 special purpose districts which own or control land within any 
 county, city or town exercising the powers granted in this 
 section.  

    HIST: (6145-16,6145-23) 1935 c 29 s 1,8; 1953 c 641 s 1; 1957 
 c 552 s 12; 1961 c 113 s 1; 1965 c 323 s 1; 1965 c 768 s 2; 1967 
 c 799 s 2,3; 1973 c 123 art 5 s 7; 1973 c 583 s 3; 1973 c 773 s 
 1; 1975 c 180 s 2; 1975 c 253 s 6; 1982 c 424 s 130; 1985 c 248 
 s 70; 1989 c 350 art 10 s 1; 1Sp1989 c 1 art 2 s 11; 1990 c 426 
 art 1 s 10; 1991 c 291 art 12 s 1; 1994 c 505 art 2 s 1; 1995 c 
 233 art 2 s 56; 1997 c 187 art 5 s 8 

     18.0223 Grasshopper control zones. 

    The commissioner of agriculture shall designate townships 
 of counties that have had grasshopper surveys showing economic 
 damage or potential economic damage as a grasshopper control 
 zone where control programs under sections 18.0223 to 18.0229, 
 will be undertaken. 

    HIST: 1989 c 350 art 10 s 2; 1991 c 199 art 2 s 1 

     18.0225 Grasshopper control program. 

    (a) The commissioner of agriculture shall develop and 
 implement a grasshopper control program to prevent crop damage 
 in the grasshopper control zone.  Within grasshopper control 
 zones the commissioner, counties, local weed inspectors, and 
 landowners have the same authorities and duties under chapter 18 
 for grasshoppers as if grasshoppers are noxious weeds under 
 chapter 18.  After consultation and cooperation with the 
 Minnesota extension service entomologist, the commissioner must 
 develop the program to economically and efficiently control 
 grasshoppers and to minimize adverse environmental impact, 
 including the selection of pesticides and prescription of 
 application rates. 

    (b) Notwithstanding the provisions of this chapter, the 
 board of a town designated by the commissioner as a grasshopper 
 control zone may appoint a grasshopper control advisory 
 committee of members who are residents of the township.  The 
 advisory committee must include: 

    (1) at least one owner of land enrolled in the conservation 
 reserve program if any land is enrolled and an owner of enrolled 
 land is willing to serve; and 

    (2) at least one dairy farmer if dairying occurs in the 
 township and a dairy farmer is willing to serve. 

    If the town board appoints a grasshopper control advisory 
 committee, the board must seek the advice of the advisory 
 committee before the issuance of each order for grasshopper 
 control or the advisory committee may adopt guidelines for 
 issuing grasshopper control orders. 

    (c) The grasshopper control program must utilize proven 
 methods of grasshopper control and the commissioner may make 
 grants for experimental methods of control in selected areas. 

    (d) Before any grasshopper control measures, including, but 
 not limited to, spraying or the deposit of pelletized controls, 
 are applied on or to streams, lakes, waterways, or public 
 waters, the commissioner shall seek the review and approval of 
 the commissioner of natural resources.  As used in this 
 paragraph, "streams, lakes, waterways, or public waters," does 
 not include farm ditches, drainage ditches, or county ditches. 

    (e) The commissioner, upon written request from any person 
 or organization, may exempt from grasshopper control measures a 
 parcel of land that the commissioner, in consultation with the 
 commissioner of natural resources, determines to be of 
 particular, unique scientific or natural significance or is 
 particularly sensitive to the use of insecticides or other 
 control methods being used.  The commissioner must consider 
 previous pesticide applications to the property to be exempted 
 and agricultural practices conducted on the property.  The 
 exemption may be conditional, may apply to all or part of the 
 property requested, and may be revoked by the commissioner at 
 any time.  An exemption granted under this paragraph is for 
 mandatory grasshopper control and does not affect liability 
 under other law. 

    (f) The request for exemption must include at least the 
 following: 

    (1) the name and address of the person or organization 
 making the request; 

    (2) the acreage and legal description of the parcel; 

    (3) a statement of the specific reasons why an exemption is 
 requested; and 

    (4) any agreements for grasshopper control and any other 
 information required by the commissioner. 

    (g) Upon notice of the approval of an exemption, the owner 
 of the exempted property must mail the following notice to 
 adjoining landowners: 

    "(Name of exempt landowner) has requested and the 
 commissioner of agriculture has exempted (description of land 
 exempted) from mandatory grasshopper control measures due to the 
 scientific or natural significance or sensitivity to 
 insecticides of the property.  It is the intent of (landowner's 
 name) not to control grasshoppers on the property.  If you have 
 questions about how you may make an agreement for grasshopper 
 control you may contact (exempt landowner's name, address, and 
 phone number). 

    Cost-sharing may be available for treatment of grasshoppers 
 on your property.  For more information contact the commissioner 
 of agriculture. 

    The exemption does not affect liability under other law."  

    (h) A decision of the commissioner under paragraph (e) must 
 be in writing and delivered to the person or organization making 
 the request and the clerk of the town in which the property is 
 located.  The commissioner, counties, towns, and their agents 
 are not liable for damages from exemptions granted under this 
 section. 

    (i) From funds appropriated for this purpose, the 
 commissioner must reimburse a person for the cost of grasshopper 
 control measures in a 20-rod wide buffer area on property 
 adjacent to property exempted from grasshopper control measures 
 under paragraph (e), to the extent funds are available.  
 Reimbursement to a person must be made only upon receipt of a 
 completed application form indicating the need for treatment 
 based on an inspector's determination that the exempted property 
 has grasshoppers in densities greater than the density 
 determined by the commissioner to cause economic or potential 
 economic damage for all affected lands and identifying the 
 location of the treatment.  For each application, reimbursement 
 must be 50 percent of cost not to exceed $4 reimbursement per 
 acre for aerial spraying and $2.50 reimbursement per acre for 
 ground spraying. 

    HIST: 1989 c 350 art 10 s 3; 1990 c 607 s 1 

  18.0226 Repealed, 1990 c 607 s 8 

     18.0227 Experimental grasshopper control. 

    Subdivision 1.    Authorization.  The commissioner of 
 agriculture may designate certain areas or types of controls for 
 an experimental control program for methods that are not 
 commonly used in the state or have not been proven to be 
 effective. 

    Subd. 2.    Eligible participants.  Public and private 
 entities willing to participate in the experimental grasshopper 
 control program may not be required to pay more than 20 percent 
 of the cost of the experimental control methods on property they 
 are responsible for controlling. 

    Subd. 3.    Administration.  The commissioner shall 
 develop the experimental grasshopper control program and may 
 adopt rules, guidelines, and procedures notwithstanding chapter 
 14 to implement the program, except the commissioner must comply 
 with section 14.386, paragraph (a), clauses (1) and (3).  
 Section 14.386, paragraph (b), does not apply to these rules, 
 guidelines, and procedures.  

    HIST: 1989 c 350 art 10 s 5; 1997 c 187 art 5 s 9 

     18.0228 Control provisions. 

    Subdivision 1.    Pesticide selection.  (a) The 
 commissioner, in consultation with the Minnesota extension 
 service entomologist, shall prepare a list of registered 
 pesticides and their federal label requirements for use in the 
 grasshopper control program.  The commissioner shall recommend 
 pesticides and application methods in designated grasshopper 
 control zones that will minimize the adverse impact on foraging 
 bees.  The pesticides must economically and efficiently control 
 grasshoppers and minimize adverse environmental impacts.  
 Grasshopper control may only be conducted under this chapter 
 with pesticides used according to their label requirements. 

    (b) The commissioner shall prescribe methods to determine 
 grasshopper densities and densities causing economic or 
 potential economic damage. 

    Subd. 2.    Individual notices.  (a) The individual 
 notices required under this chapter for the grasshopper control 
 program must be in a form prescribed by the commissioner and 
 state at least the following: 

    (1) the legal description of the property covered by the 
 notice to control; 

    (2) the date the notice is issued; 

    (3) the name and work telephone number of the inspector 
 issuing the notice; 

    (4) the grasshopper counts found on the property; 

    (5) the approximate date the grasshoppers on the property 
 will be controlled by the county or municipality if the owner or 
 occupant does not comply with the notice, which must be at least 
 three days after the date the notice was served; 

    (6) that the costs of the control will be a lien and 
 applied against the property's tax roll; and 

    (7) that the owner or occupant may contact the inspector 
 about the notice before the time that the county or the 
 municipality will control grasshoppers, which must be at least 
 three days after the date the notice was served.  

    (b) The commissioner, a county agricultural inspector, or a 
 local weed inspector issuing a notice under this subdivision 
 shall provide the same number of days for compliance under 
 paragraph (a), clause (5), for property controlled by a private 
 land owner or occupant as for property controlled by a unit of 
 state or local government. 

    Subd. 3.    Effects on foraging bees.  (a) The Minnesota 
 extension service shall hold meetings in grasshopper control 
 zone areas explaining grasshopper control methods and procedures 
 to minimize adverse effects on foraging bees. 

    (b) Not later than May 1 of each year, an owner of honeybee 
 colonies must notify the commissioner as to the number and 
 location of the colonies.  Notification under this section must 
 be accomplished by identifying on a map provided by the 
 commissioner the location of colonies.  The notice must include 
 the name, address, and telephone number of the owner.  If an 
 owner of honeybee colonies relocates the colonies the owner must 
 report the relocation orally, by phone, or in writing to the 
 extension agent, the town clerk, and the commissioner within ten 
 days after the relocation. 

    (c) The commissioner shall prepare maps of the location of 
 all registered honeybee colonies, including identification of 
 the name, address, and telephone number of the owner.  The maps 
 must be updated at least once each 14 days if owners of 
 registered honeybee colonies give notice of relocations. 

    (d) The commissioner shall provide a list of licensed 
 commercial and noncommercial pesticide applicators, including 
 the applicator's name, business address, and phone number, to 
 the registered beekeepers in designated grasshopper control 
 zones. 

    (e) The commissioner shall prescribe a system by which 
 owners of honeybee colonies, licensed commercial and 
 noncommercial pesticide applicators, and county extension agents 
 must, and town clerks may, be advised of the location of 
 registered honeybee colonies reported under this section, of the 
 federal pesticide label requirements pertaining to foraging 
 bees, and of penalties for violating label requirements. 

    (f) The commissioner shall also develop guidelines for a 
 voluntary system to facilitate the exchange of information 
 between owners of registered honeybee colonies and pesticide 
 applicators regarding the pesticide selected for use, the 
 anticipated date and time of application, and the location of 
 honeybee colonies. 

    (g) In a year in which grasshopper control zones are 
 designated, the commissioner shall report to the chairs of the 
 house and senate agriculture and environment committees on the 
 number of acres treated for grasshopper control, the pesticides 
 recommended for use, the pesticides used, the results of 
 research and application of nonpesticide grasshopper control, 
 the number of acres exempted from grasshopper control, and any 
 evidence of negative environmental impacts of the grasshopper 
 control program. 

    HIST: 1990 c 607 s 2 

     18.0229 Liability; appeals. 

    Subdivision 1.    Counties and townships.  Counties and 
 townships and their agents are not liable for damages from the 
 grasshopper control program for actions conducted in accordance 
 with sections 18.0223 to 18.0229.  

    Subd. 2.    Access for inspection.  An inspector may 
 enter any land to inspect grasshopper densities. 

    Subd. 3.    Appeal to county board.  A person who is 
 ordered to control grasshoppers under sections 18.0225 to 
 18.0229 and is charged for grasshopper control may appeal the 
 cost of grasshopper control to the county board of the county 
 where the grasshopper control measures were undertaken within 30 
 days after being charged.  The county board shall determine the 
 amount and approve the charge and filing of a lien against the 
 property if it determines that:  

    (1) the owner, or occupant if other than the owner, 
 responsible for controlling grasshoppers did not comply with the 
 order of the inspector; and 

    (2) the grasshopper densities on the property exceeded the 
 densities determined by the commissioner to cause economic or 
 potential economic damage.  

    Subd. 4.    Court appeal of costs; petition.  (a) A land 
 owner who has appealed the cost of grasshopper control measures 
 under subdivision 3 may petition for judicial review.  The 
 petition must be filed within 30 days after the conclusion of 
 the hearing before the county board.  The petition must be filed 
 with the court administrator in the county in which the real 
 property where the grasshopper control measures were undertaken 
 is located, together with proof of service of a copy of the 
 petition on the commissioner and the county auditor.  The 
 petition must be accompanied by the standard filing fee for 
 civil actions.  No responsive pleadings may be required of the 
 commissioner or the county, and no court fees may be charged for 
 the appearance of the commissioner or the county in the matter. 

    (b) The petition must be captioned in the name of the 
 person making the petition as petitioner and the commissioner of 
 agriculture and the respective county as respondents.  The 
 petition must include the petitioner's name, the legal 
 description of the real estate involved, a copy of the notice to 
 control grasshoppers, 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 grasshopper control measures. 

    Subd. 5.    Hearing.  (a) A hearing under subdivisions 4 
 to 6 must be held at the earliest practicable date, and in no 
 event later than 90 days following the filing of the petition of 
 objection.  The hearing must be before a district judge in the 
 county in which the real property where the grasshopper control 
 measures were undertaken is located, and must be conducted in 
 accordance with the district court rules of civil procedure. 

    (b) The court shall either order that a lien representing 
 part or all of the costs for grasshopper control measures be 
 imposed against the real property or that the land owner be 
 relieved of responsibility for payment of grasshopper control 
 measures undertaken. 

    Subd. 6.    Further appeal.  A party aggrieved by the 
 decision of the reviewing court may appeal the decision as 
 provided in the rules of appellate procedure. 

    HIST: 1990 c 607 s 3 

     18.023 Shade tree disease control. 

    Subdivision 1.    Definitions.  As used in subdivisions 
 1 to 12 the terms defined in this subdivision shall have the 
 meanings given them. 

    (a) "Metropolitan area" means the area comprising the 
 counties of Hennepin, Ramsey, Anoka, Dakota, Washington, Scott 
 and Carver.  

    (b) "Commissioner" means the commissioner of agriculture.  

    (c) "Municipality" means any home rule charter or statutory 
 city or any town exercising municipal powers pursuant to section 
 368.01, or any general or special law, located in the 
 metropolitan area; or any special park district as organized 
 under chapter 398; or any special purpose park and recreation 
 board organized under the city charter of a city of the first 
 class located in the metropolitan area; or any county in the 
 metropolitan area for the purposes of county owned property or 
 any portion of a county located outside the geographic 
 boundaries of a city or town exercising municipal powers; and 
 any municipality or county located outside the metropolitan area 
 with an approved disease control program.  

    (d) "Shade tree disease" means Dutch elm disease, oak wilt, 
 or any disorder affecting the growth and life of shade trees.  

    (e) "Wood utilization or disposal system" means facilities, 
 equipment or systems used for the removal and disposal of 
 diseased shade trees which includes the collection, 
 transportation, processing or storage of wood and which aids in 
 the recovery of materials or energy from wood.  

    (f) "Approved disease control program" means the municipal 
 plan as approved by the commissioner to control shade tree 
 disease.  

    (g) "Disease control area" means an area approved by the 
 commissioner within which a municipality will conduct an 
 approved disease control program.  

    (h) "Sanitation" means the identification, inspection, 
 disruption of a common root system, girdling, trimming, removal, 
 and disposal of dead or diseased wood of shade trees, including 
 subsidies for trees removed pursuant to subdivision 4, on public 
 or private property within a disease control area.  

    (i) "Reforestation" means the replacement of shade trees 
 removed from public property and the planting of any species of 
 tree as part of a municipal disease control program.  For 
 purposes of this clause, "public property" shall include private 
 property within five feet of the boulevard or street terrace in 
 any city which has enacted an ordinance on or before January 1, 
 1977, that prohibits or requires a permit for the planting of 
 trees in the public right-of-way.  

    Subd. 1a. Repealed, 1987 c 396 art 11 s 21 

    Subd. 2.    Commissioner to adopt rules.  The 
 commissioner shall adopt and may amend rules relating to shade 
 tree disease control in any municipality, as defined in 
 subdivision 1.  The rules shall prescribe control measures to be 
 used to prevent the spread of shade tree diseases and shall 
 include the following:  (a) A definition of shade tree, (b) 
 qualifications for tree inspectors, (c) methods of identifying 
 diseased shade trees, (d) procedures for giving reasonable 
 notice of inspection of private real property, (e) measures for 
 the removal of any shade tree which may contribute to the spread 
 of shade tree disease, and for reforestation of disease control 
 areas, (f) approved methods of treatment of shade trees, (g) 
 criteria for priority designation areas in an approved disease 
 control program, and (h) any other matters determined necessary 
 by the commissioner to prevent the spread of shade tree disease 
 and enforce the provisions of this section.  After reasonable 
 notice of inspection an owner of the real property on which a 
 diseased shade tree is located shall remove or treat the tree 
 within the period of time and in the manner established by the 
 commissioner.  Diseased shade trees which are not removed or 
 treated in compliance with the commissioner's rules shall be 
 declared a public nuisance and removed or treated by approved 
 methods by the municipality which may assess the total expense, 
 which shall be limited to the lowest contract rates available, 
 provided said rates include wage levels which meet Minnesota 
 minimum wage standards, or any part thereof to the property and 
 the expense shall become a lien on the property.  A municipality 
 may assess not more than 50 percent of the expense of treating 
 with an approved method or removing diseased shade trees located 
 on street terraces or boulevards to the abutting properties and 
 the assessment shall become a lien on the property. 

    Subd. 3.    Rules; applicability to municipalities.  The 
 rules of the commissioner shall apply in a municipality unless 
 the municipality adopts an ordinance which is determined by the 
 commissioner to be more stringent than the rules of the 
 commissioner.  The rules of the commissioner or the more 
 stringent ordinance of the municipality shall be in effect 60 
 days from March 31, 1974.  The rules of the commissioner or the 
 municipality shall apply to all state agencies, special purpose 
 districts and metropolitan commissions as defined in section 
 473.121, subdivision 5a, which own or control land adjacent to 
 or within a shade tree disease control area in Laws 1975, 
 chapter 253. 

    Subd. 3a.    Grants to municipalities.  (a) The 
 commissioner may, in the name of the state and within the limit 
 of appropriations provided, make grants-in-aid to a municipality 
 with an approved disease control program for the partial funding 
 of municipal sanitation and reforestation programs.  The 
 commissioner may make grants-in-aid to any home rule charter or 
 statutory city, or any special purpose park and recreation board 
 organized under a charter of a city of the first class or any 
 nonprofit corporation serving a city of the first class or any 
 county having an approved disease control program for the 
 acquisition or implementation of a wood utilization or disposal 
 system. 

    (b) The commissioner shall promulgate rules for the 
 administration of grants authorized by this subdivision.  The 
 rules shall establish and contain as a minimum: 

    (1) Procedures for grant applications; 

    (2) Conditions and procedures for the administration of 
 grants; 

    (3) Criteria of eligibility for grants including, but not 
 limited to, those specified in this subdivision; and 

    (4) Other matters the commissioner may find necessary to 
 the proper administration of the grant program. 

    (c) Grants-in-aid payments for wood utilization and 
 disposal systems made by the commissioner pursuant to this 
 subdivision shall not exceed 50 percent of the total cost of the 
 system.  Grants for sanitation and reforestation shall be 
 combined into one grant program.  Grants to any municipality for 
 sanitation shall not exceed 50 percent of sanitation costs 
 approved by the commissioner including any amount of sanitation 
 costs paid by special assessments, ad valorem taxes, federal 
 grants or other funds.  A municipality shall not specially 
 assess a property owner any amount greater than the amount of 
 the tree's sanitation cost minus the amount of the tree's 
 sanitation cost reimbursed by the commissioner.  Grants to 
 municipalities for reforestation shall not exceed 50 percent of 
 the cost, but not more than $50 per tree, of trees planted 
 pursuant to the reforestation program; provided that a 
 reforestation grant to any county may include 90 percent of the 
 cost, but not more than $60 per tree, of the first 50 trees 
 planted on public property in a town not described in 
 subdivision 1 and of less than 1,000 population upon the town's 
 application to the county.  Reforestation grants to towns and 
 home rule charter or statutory cities as described in 
 subdivision 1 of less than 4,000 population with an approved 
 disease control program may include 90 percent of the cost, but 
 not more than $60 per tree, of the first 50 trees planted on 
 public property with the approval of the 1979 application.  The 
 governing body of any municipality which receives a 
 reforestation grant pursuant to this section shall appoint up to 
 seven residents of the municipality or designate an existing 
 municipal board or committee to serve as a reforestation 
 advisory committee to advise the governing body of the 
 municipality in the administration of the reforestation 
 program.  For the purpose of this subdivision, "cost" shall not 
 include the value of a gift or dedication of trees required by a 
 municipal ordinance but shall include documented "in kind" 
 services or voluntary work for municipalities with a population 
 of less than 1,000 according to the most recent federal census. 

    (d) Based upon estimates submitted by the municipality to 
 the commissioner, which shall state the estimated costs of 
 sanitation and reforestation in the succeeding quarter under an 
 approved program, the commissioner shall direct quarterly 
 advance payments to be made by the state to the municipality 
 commencing April 1, 1979.  The commissioner shall direct 
 adjustment of any overestimate in a succeeding quarter.  A 
 municipality may elect to receive the proceeds of its sanitation 
 and reforestation grants on a periodic cost reimbursement basis. 

    (e) A home rule charter or statutory city, or county 
 outside the metropolitan area or any municipality, as defined in 
 subdivision 1, may submit an application for a grant authorized 
 by this subdivision concurrently with its request for approval 
 of a disease control program. 

    Subd. 3b.    Limitations upon grants to metropolitan area. 
  The commissioner shall not make grants for sanitation and 
 reforestation or wood utilization and disposal systems in excess 
 of 67 percent of the amounts appropriated for those purposes to 
 the municipalities located within the metropolitan area, as 
 defined in subdivision 1.  

    Subd. 4.    Subsidies to certain owners.  A 
 municipality may provide subsidies to nonprofit organizations, 
 to owners of private residential property of five acres or less, 
 to owners of property used for a homestead of more than five 
 acres but less than 20 acres and to nonprofit cemeteries, 
 however organized, for the approved treatment or removal of 
 diseased shade trees. 

    Notwithstanding any law to the contrary, an owner of 
 property on which shade trees are located may contract with a 
 municipality to provide protection against the cost of approved 
 treatment or removal of diseased shade trees or shade trees that 
 will contribute to the spread of shade tree diseases.  Under 
 such contracts, the municipality shall pay for the removal or 
 approved treatment under such terms and conditions as may be 
 determined by the governing body of the municipality. 

    Subd. 5.    Tree inspector.  (a) Within 75 days from 
 March 31, 1974, the governing body of each municipality shall 
 appoint a qualified person to administer the rules of the 
 commissioner or the more stringent shade tree disease control 
 ordinance who shall be known as the tree inspector.  In 
 accordance with the provisions of section 471.59, two or more 
 municipalities may jointly appoint a tree inspector for the 
 purpose of administering the rules or ordinance within their 
 communities.  In those municipalities which have not appointed a 
 tree inspector upon the expiration of 75 days from March 31, 
 1974, the commissioner may appoint a tree inspector to serve the 
 municipality until the municipality has made an appointment.  If 
 the commissioner is unable to make such appointment, the 
 commissioner may assign a qualified employee of the department 
 of agriculture to perform the duties of the tree inspector.  The 
 expense of a tree inspector appointed by the commissioner shall 
 be paid by the municipality.  If an employee of the department 
 of agriculture performs such duties the expense shall be billed 
 to the municipality and paid into the state treasury and 
 credited to the general fund. 

    (b) Upon a determination by the commissioner that a 
 candidate for the position of the inspector is qualified, the 
 commissioner shall issue a certificate of qualification to the 
 tree inspector.  Any person certified as a tree inspector by the 
 commissioner is authorized upon prior notification to enter and 
 inspect any public or private property which might harbor 
 diseased shade trees. 

    (c) The commissioner may upon notice and hearing, decertify 
 any tree inspector when it appears that said tree inspector has 
 failed to act competently or in the public interest in the 
 performance of duties.  Such notice shall be provided and the 
 hearing conducted in accordance with the provisions of chapter 
 14, governing contested case proceedings.  Nothing in this 
 clause shall limit or otherwise affect the authority of a 
 municipality to dismiss or suspend a tree inspector at its 
 discretion; except as otherwise provided by law. 

    Subd. 6.  Repealed, 1977 c 90 s 15 

    Subd. 7.    Financing.  (a) A municipality may collect 
 the amount assessed against the property under subdivision 2 as 
 a special assessment and may issue obligations as provided in 
 section 429.101, subdivision 1, provided that a municipality at 
 its option make any assessment levied payable with interest in 
 installments not to exceed five years from the date of the 
 assessment. 

    (b) After a contract for the sanitation or approved 
 treatment of trees on private property has been let, or the work 
 commenced, the municipality may issue obligations to defray the 
 expense of any such work financed by special assessments imposed 
 upon private property.  Section 429.091 shall apply to such 
 obligations with the following modifications: 

    (1) such obligations shall be payable not more than five 
 years from the date of issuance; and 

    (2) no election shall be required. 

    The certificates shall not be included in the net debt of 
 the issuing municipality. 

    Subd. 8.    Deposit of proceeds in separate fund.  The 
 proceeds of any tax levied, assessments and interest collected, 
 or any bonds or certificates of indebtedness issued under 
 subdivision 7 and any grants received under subdivision 3a, 
 shall be deposited in the municipal treasury in a separate fund 
 and expended only for the purposes authorized by this section. 

    Subd. 9.    Diagnostic laboratory.  The commissioner of 
 agriculture shall operate a diagnostic laboratory for culturing 
 diseased trees for positive identification of diseased shade 
 trees. 

    Subd. 10.    Cooperation by university.  The University 
 of Minnesota college of agriculture shall cooperate with the 
 department of agriculture in control of shade tree disease.  The 
 college of agriculture shall also conduct research into means 
 for identifying diseased shade trees, shall develop and evaluate 
 control measures, shall develop means for disposing of and 
 utilizing diseased shade trees. 

    Subd. 10a.    Experimental programs.  The commissioner 
 may establish experimental programs for sanitation or treatment 
 of shade tree diseases and for research into tree varieties most 
 suitable for municipal reforestation.  The research must include 
 considerations of disease resistance, energy conservation, and 
 other factors considered appropriate.  The commissioner may make 
 grants to municipalities, or enter into contracts with 
 municipalities, nurseries, colleges, universities, or state or 
 federal agencies in connection with experimental shade tree 
 programs including research to assist municipalities in 
 establishing priority designation areas for shade tree disease 
 control and energy conservation. 

    Subd. 11.    Report to the legislature.  On or before 
 January 31 each odd-numbered year, the commissioner shall report 
 to the legislature on community shade tree disease and insect 
 control programs and any experimental programs conducted under 
 subdivision 10a during the previous fiscal biennium. 

    Subd. 12.    Sections 18.021 to 18.022 superseded.  The 
 provisions of sections 18.021 to 18.022, which are inconsistent 
 with Laws 1974, chapter 355 are hereby superseded for any 
 municipality as defined in subdivision 1, clause (c). 

    Subd. 13.    Municipal option to participate in program. 
  After December 31, 1981, the term "municipality" shall 
 include only those municipalities which have informed the 
 commissioner of their intent to continue an approved disease 
 control program.  Any municipality desiring to participate in 
 the grants-in-aid for the partial funding of municipal 
 sanitation and reforestation programs must notify the 
 commissioner in writing before the beginning of the calendar 
 year in which it wants to participate and must have an approved 
 disease control program during any year in which it receives 
 grants-in-aid.  Notwithstanding the provisions of any law to the 
 contrary, no municipality shall be required to have an approved 
 disease control program after December 31, 1981.  

    HIST: 1974 c 355 s 66; 1975 c 253 s 1-3,5; 1977 c 90 s 1-9; 
 1978 c 773 s 1,2; 1979 c 50 s 5; 1979 c 257 s 1,2,4; 1981 c 261 
 s 2; 1981 c 356 s 97; 1Sp1981 c 1 art 5 s 1; 1982 c 424 s 130; 
 1983 c 289 s 115 subd 1; 1984 c 640 s 32; 1985 c 248 s 70; 
 1Sp1985 c 14 art 4 s 4; 1986 c 444; 1987 c 312 art 1 s 1; 1987 c 
 396 art 11 s 2; 1Sp1989 c 1 art 5 s 2; 1991 c 116 s 1,2; 1995 c 
 233 art 2 s 56; 1997 c 7 art 1 s 7 

     18.024 Diseased shade tree utilization. 

    Subdivision 1.    Wood utilization.  The departments of 
 agriculture and natural resources, after consultation with the 
 Minnesota shade tree advisory committee and the commissioner of 
 public service, shall investigate, evaluate, and make 
 recommendations to the legislature concerning the potential uses 
 of wood from community trees removed due to disease or other 
 disorders.  These recommendations shall include maximum resource 
 recovery through recycling, use as an alternative energy source, 
 or use in construction or the manufacture of new products.  Wood 
 utilization or disposal systems as defined in section 18.023 
 must be included to ensure maximum utilization of diseased shade 
 trees with designs and procedures to ensure public safety and to 
 assure compliance with approved disease control programs. 

    Subd. 2.    Municipalities' programs.  A municipality 
 operating a program of sanitation as defined in section 18.023 
 and conforming to all rules relating to shade tree disease 
 control may, with due attention to the recommendations developed 
 pursuant to subdivision 1, institute a program of wood 
 utilization and disposal which will, to the extent practicable, 
 encourage utilization of diseased trees including but not 
 limited to making the trees available to the public for use as 
 firewood. 

    HIST: 1979 c 299 s 1; 1981 c 356 s 98; 1983 c 289 s 115 subd 
 1; 1985 c 248 s 70; 1987 c 312 art 1 s 2; 1991 c 116 s 3; 1993 c 
 163 art 1 s 2 

  18.03 Repealed, 1959 c 35 s 19 

  18.031 Repealed, 1976 c 53 s 29 

  18.032 Repealed, 1976 c 53 s 29 

  18.0321 Repealed, 1976 c 53 s 29 

  18.0322 Repealed, 1976 c 53 s 29 

  18.0323 Repealed, 1976 c 53 s 29 

  18.0324 Repealed, 1976 c 53 s 29 

  18.033 Repealed, 1976 c 53 s 29 

  18.034 Repealed, 1976 c 53 s 29 

  18.035 Repealed, 1976 c 53 s 29 

  18.036 Repealed, 1976 c 53 s 29 

  18.04 Repealed, 1959 c 35 s 19 

     18.041 Definitions. 

    In sections 18.041 to 18.161, unless the context otherwise 
 indicates:  (a) "governmental unit" means any city, county, or 
 town; (b) "governing body" means a council, board, body or 
 persons in which the powers of the governmental unit are vested; 
 and (c) "mosquito abatement" means the control, abatement, or 
 prevention of breeding of mosquitoes or such other insects or 
 arachnids (ticks, mites, spiders) as provided in section 18.091. 

    HIST: 1949 c 404 s 1; 1973 c 123 art 5 s 7; 1983 c 216 art 2 s 
 28 

  18.05 Repealed, 1959 c 35 s 19 

     18.051 Declaration of policy.  

    The abatement or suppression of mosquitoes of any kind, 
 whether disease bearing or merely pestiferous, within any or all 
 areas of the state, is advisable and necessary for the 
 maintenance and betterment of the health, welfare and prosperity 
 of the people thereof; and is found and declared to be for 
 public purposes.  All areas wherein mosquitoes incubate or hatch 
 are declared to be public nuisances, as harmful or inimical to 
 the health, welfare and prosperity of the inhabitants and may be 
 abated as hereinafter provided.  Therefore mosquito abatement 
 may be undertaken, as provided in sections 18.041 to 18.161, in 
 any or all areas of the state by any governmental unit.  

    HIST: 1949 c 404 s 2 

  18.06 Repealed, 1959 c 35 s 19 

     18.061 Mosquito abatement; procedure.  

    Subdivision 1.    Establishing local board.  Any 
 governmental unit in this state shall have power to engage in 
 mosquito abatement and to establish a mosquito abatement board 
 (a) upon the adoption of a resolution to that effect by the 
 governing body thereof, or (b) upon the adoption of a proposal 
 to that effect by the voters of the governmental unit in the 
 manner provided in subdivision 2.  

    Subd. 2.    Petition; hearing; election.  If a petition 
 signed by five percent of the freeholders in a governmental unit 
 according to the last assessment list, or 250 such freeholders, 
 whichever is the lesser number, is presented to the governing 
 body of any governmental unit requesting it to engage in 
 mosquito abatement a public hearing shall be held thereon by the 
 governing body within 15 days after the presentation of the 
 petition and, if said governing body does not within 15 days 
 thereafter adopt a resolution to undertake mosquito abatement, 
 and if such petitioners within 15 days thereafter pay to the 
 governing body the cost of publishing notice of the election, 
 the governing body to whom the petition is addressed shall order 
 a vote to be taken at the next regular election in the 
 governmental unit (or town meeting in the case of the town) on 
 the proposal to undertake mosquito abatement within said 
 governmental unit.  The governing body shall provide ballots to 
 be used at the election or meeting.  The ballot shall bear the 
 words "Shall the (governmental unit) of ................ engage 
 in mosquito abatement?"  The question shall be followed with a 
 line with the word "Yes" and a square after it and another line 
 with the word "No" and a square after it.  The voters shall 
 indicate their choice by placing a cross mark in one of said 
 squares and a direction to so indicate their choice shall be 
 printed on the ballot.  Such ballot shall be deposited in a 
 separate ballot box to be provided and the result of such voting 
 shall be duly canvassed, certified, and returned in the same 
 manner and at the same time as other facts and returns of the 
 election.  If the majority of the electors voting on the 
 question vote in the affirmative, the governing body shall take 
 appropriate action as soon as possible to carry on mosquito 
 abatement.  If a proposal to undertake mosquito abatement be 
 rejected by the voters it shall not be resubmitted to the voters 
 for two years.  

    Subd. 3.    Discontinuing program.  Whenever any 
 governmental unit by action of its governing body or voters 
 shall have voted to engage in mosquito abatement, such abatement 
 program may be discontinued in the following manner:  (a) If the 
 mosquito abatement was originally undertaken by resolution of 
 the governing body, then by the adoption of a resolution to that 
 effect by the governing body, or by the adoption of a proposal 
 to that effect by the voters of the governmental unit in the 
 manner provided in subdivision 4; and (b) if the mosquito 
 abatement was originally undertaken by the adoption of a 
 proposal to that effect by the voters of the governmental unit, 
 then only by the adoption of a proposal to that effect by the 
 voters of the governmental unit in the manner provided in 
 subdivision 4.  

    Subd. 4.    Petition; hearing; and election to 
 discontinue.  If a petition signed by five percent of the 
 freeholders in a governmental unit according to the last 
 assessment list, or 250 such freeholders, whichever is the 
 lesser number, is presented to the governing body of any 
 governmental unit engaged in mosquito abatement requesting it to 
 discontinue mosquito abatement a public hearing shall be held 
 thereon by the governing body within 15 days after presentation 
 of the petition, and if said governing body does not within 15 
 days thereafter adopt a resolution to discontinue mosquito 
 abatement, and if such petitioners within 15 days thereafter pay 
 to the governing body the cost of publishing notice of the 
 election, the governing body to whom the petition is addressed 
 shall order a vote to be taken at the next regular election in 
 the governmental unit (or town meeting in the case of a town) on 
 the proposal to discontinue mosquito abatement within said 
 governmental unit.  The governing body shall provide ballots to 
 be used at the election or meeting.  The ballot shall bear the 
 words "Shall the (governmental unit) of ................ 
 discontinue mosquito abatement?"  The question shall be followed 
 with a line with the word "Yes" and a square after it and 
 another line with the word "No" and a square after it.  The 
 voters shall indicate their choice by placing a cross mark in 
 one of said squares and a direction to so indicate their choice 
 shall be printed on the ballot.  Such ballot shall be deposited 
 in a separate ballot box to be provided and the result of such 
 voting shall be duly canvassed, certified and returned in the 
 same manner and at the same time as other facts and returns of 
 the election.  If a majority of the electors voting on the 
 question vote in the affirmative, the governing body shall take 
 appropriate action as soon as possible to discontinue mosquito 
 abatement.  If a proposal to discontinue mosquito abatement be 
 rejected by the voters it shall not be resubmitted to the voters 
 for two years.  

    HIST: 1949 c 404 s 3 

  18.07 Repealed, 1959 c 35 s 19 

     18.071 Abatement board.  

    Whenever any governmental unit has decided, in the manner 
 required by section 18.061 to engage in mosquito abatement, the 
 governing body of the governmental unit shall appoint three 
 freeholders of the unit to serve as members of a mosquito 
 abatement board, which board shall have the powers specified in 
 section 18.091.  Each member of said board shall hold office at 
 the pleasure of the governing body appointing that member and 
 shall serve without compensation, except that board members may 
 be reimbursed for actual expenses incurred in fulfillment of 
 their duties on the board not in excess of $60 annually.  

    HIST: 1949 c 404 s 4; 1986 c 444 

  18.08 Repealed, 1959 c 35 s 19 

     18.081 Officers; meetings.  

    Immediately after their appointment and at the first 
 meeting in each calendar year thereafter the board shall elect 
 one of their number as chair, one as secretary, and one as 
 treasurer, and shall elect such other officers as they consider 
 necessary.  The board shall provide for the time and place of 
 holding regular meetings and may establish rules for 
 proceedings.  All meetings of the board shall be open to the 
 public.  Two members of the board shall constitute a quorum, but 
 one member may adjourn from day to day.  The board shall keep a 
 written record of its proceedings and an itemized account of all 
 expenditures and disbursements and such record and account shall 
 be open at all reasonable times for public inspection.  

    HIST: 1949 c 404 s 5; 1986 c 444 

  18.09 Repealed, 1959 c 35 s 19 

     18.091 Powers of board.  

    Any mosquito abatement board, and any joint board 
 established pursuant to section 18.131, shall have power, either 
 by board action or through its members, officers, agent or 
 employees, as may be appropriate:  (a) to enter upon any 
 property within the governmental unit at reasonable times to 
 determine whether mosquito breeding exists thereon; (b) to take 
 all necessary and proper steps for the abatement of mosquitoes 
 and such insects and arachnids (ticks, mites, spiders) as the 
 commissioner of agriculture may designate; (c) and subject to 
 the paramount control of county and state authorities, to lagoon 
 and clean up any stagnant pool of water and to clean up shores 
 of lakes and streams and other breeding places for mosquitoes 
 within the boundaries of the governmental unit; (d) to spray 
 with insecticides, approved by the commissioner of agriculture, 
 any area within the boundaries of the governmental unit that it 
 finds to be a breeding place for mosquitoes or other insects or 
 arachnids designated pursuant to (b) above; (e) to purchase such 
 supplies and equipment and employ such labor and assistants as 
 may be necessary and proper in mosquito abatement; (f) to accept 
 gifts of money or equipment to be used for mosquito abatement; 
 and (g) to enter into such contracts as may be necessary and 
 proper to accomplish mosquito abatement.  

    HIST: 1949 c 404 s 6 

  18.10 Repealed, 1959 c 35 s 19 

     18.101 Cooperate with state departments. 

    Each mosquito abatement board and each governmental unit 
 engaged in mosquito abatement shall cooperate with the 
 University of Minnesota, the state department of agriculture, 
 the state commissioner of health, the state department of 
 natural resources, the state agricultural experiment station, 
 and the state transportation department. 

    HIST: 1949 c 404 s 7; 1969 c 1129 art 3 s 1; 1976 c 166 s 7; 
 1977 c 305 s 45 

  18.11 Repealed, 1959 c 35 s 19 

     18.111 Tax levy; collection; certificates of 
  indebtedness. 

    Subdivision 1.    Levy.  An annual tax may be levied for 
 mosquito abatement purposes on all taxable property in any 
 governmental unit undertaking mosquito abatement as provided in 
 sections 18.041 to 18.161.  The tax shall be certified, levied, 
 and collected in the same manner as other taxes levied by the 
 governmental unit.  

    Subd. 2.    Certificates of indebtedness.  At any time 
 after the annual tax levy has been certified to the county 
 auditor, and not earlier than October tenth in any year, any 
 governing body may, for the purpose of providing the necessary 
 funds for mosquito abatement for the succeeding year, by 
 resolution, issue and sell as many certificates of indebtedness 
 as may be needed in anticipation of the collection of taxes so 
 levied for the mosquito abatement fund, but certificates shall 
 not be issued in excess of 50 percent of the amount named in the 
 tax levy, as spread by the county auditor, to be collected for 
 the use and benefit of the mosquito abatement fund, and no 
 certificate shall be issued to become due and payable later than 
 December thirty-first of the year succeeding the year in which 
 the tax levy, certified to the county auditor, as aforesaid, was 
 made.  The certificates shall not be sold for less than par and 
 accrued interest, and shall not bear a greater rate of interest 
 than five percent per annum.  Each certificate shall state upon 
 its face that the proceeds of the certificate shall be used for 
 the mosquito abatement fund, the total amount of the 
 certificates so issued, and the whole amount embraced in the tax 
 levy for that particular purpose.  They shall be numbered 
 consecutively and be in denominations of $100 or a multiple 
 thereof, and may have interest coupons attached, and shall be 
 otherwise of such form and terms and be made payable at such 
 place as will best aid in their negotiation.  The proceeds of 
 the tax assessed and collected, as aforesaid, on account of the 
 fund, shall be irrevocably pledged for the redemption of the 
 certificates so issued.  The certificates shall be paid solely 
 from the money derived from the levy for the year against which 
 the certificates were issued, or, if they be not sufficient for 
 such purpose, from the levy for the mosquito abatement fund in 
 the next succeeding year.  The money derived from the sale of 
 the certificates shall be credited to the mosquito abatement 
 fund for the calendar year immediately succeeding the making of 
 the levy and shall not be used or spent until such succeeding 
 year.  No certificates for any year shall be issued until all 
 certificates for prior years have been paid, nor shall any 
 certificate be extended.  

    Subd. 3.    Deposit and use of funds.  All money 
 received for mosquito abatement purposes, either by way of tax 
 collection or the sale of certificates of indebtedness, shall be 
 deposited in the treasury of the governmental unit to the credit 
 of a special fund to be designated as the mosquito abatement 
 fund, shall not be used for any other purpose, and shall be 
 drawn upon by the proper officials of the governmental unit upon 
 the properly authenticated voucher of the mosquito abatement 
 board.  No money shall be paid from such fund except on orders 
 drawn upon the officer of the governmental unit having charge of 
 the custody of the mosquito abatement fund and signed by the 
 chair and the secretary of the mosquito abatement board.  Each 
 mosquito abatement board shall annually file with the governing 
 body of its governmental unit an itemized statement of all 
 receipts and disbursements.  

    HIST: 1949 c 404 s 8; 1973 c 773 s 1; 1986 c 444; 1988 c 719 
 art 5 s 84; 1989 c 277 art 4 s 3; 1994 c 505 art 2 s 2 

  18.12 Repealed, 1959 c 35 s 19 

     18.121 Rules, mosquito abatement.  

    Subdivision 1.    Agriculture.  The commissioner of 
 agriculture, (a)  may establish rules for the conduct of 
 mosquito abatement operations of governmental units and boards 
 engaged in mosquito abatement; (b) shall approve mosquito 
 control plans and budgets of mosquito control boards before such 
 plans can be put into operation; (c) may, if the commissioner 
 considers it necessary, modify or revoke any approval the 
 commissioner may have given to any mosquito control plan upon 
 written notice to the governing body or mosquito abatement 
 board; and (d) shall be ex officio a member of each mosquito 
 abatement board, and the commissioner may appoint 
 representatives to act for the commissioner as ex officio member 
 of any such board. 

    Subd. 2.    Natural resources.  The commissioner of 
 natural resources shall approve mosquito abatement plans or make 
 such modifications as the commissioner deems necessary for the 
 protection of public water, wild animals and natural resources 
 before control operations are started and any such approval may, 
 if the commissioner considers it necessary, be modified or 
 revoked by the commissioner of natural resources at any time 
 upon written notice to the governing body or mosquito abatement 
 board.  

    Subd. 3.    Joint approval.  If any revision of 
 previously approved plans are necessary during the mosquito 
 control season, any such revision shall be made through joint 
 approval of the commissioner of agriculture and the commissioner 
 of natural resources.  

    HIST: 1949 c 404 s 9; 1961 c 113 s 1; 1969 c 1129 art 3 s 1; 
 1985 c 248 s 70; 1986 c 444 

  18.13 Repealed, 1961 c 127 art 1 s 8 

     18.131 Cooperation between governmental units.  

    When two or more adjacent governmental units shall have 
 authorized mosquito abatement and appointed the members of the 
 mosquito abatement board, the governing bodies of any such two 
 or more governmental units may, by written contract, arrange for 
 pooling mosquito abatement funds, apportioning all costs, 
 cooperating in the use of equipment and personnel and for 
 engaging jointly in mosquito abatement upon such terms and 
 conditions and subject to such rules as may be mutually agreed 
 upon.  The immediate control and management of the joint project 
 may, by the terms of the written contract, be entrusted to a 
 joint committee composed of the chair of each of the boards or 
 such other board members as may be agreed upon. 

    HIST: 1949 c 404 s 10; 1985 c 248 s 70; 1986 c 444 

  18.14 Renumbered 18.022 subds 1-4 

     18.141 Unorganized towns; powers of county board.  

    In any township of this state that is unorganized 
 politically, the county board of the county wherein the township 
 is situated shall have all the rights, powers and duties 
 conferred by sections 18.041 to 18.161 upon the governing bodies 
 of towns (including town boards) and in any such case the county 
 board shall act as though it were the governing body and town 
 board of said township and may authorize and undertake mosquito 
 abatement in any such township and cause taxes to be levied for 
 mosquito abatement the same as though said township were 
 organized politically and said county board were the governing 
 body and town board thereof:  Provided, that the cost of 
 mosquito abatement in any such township shall be paid solely by 
 a tax levy on the property within the township where mosquito 
 abatement is undertaken and no part of the expense of mosquito 
 abatement in said township shall be county expense or be paid by 
 any such county.  

    HIST: 1949 c 404 s 11 

  18.15 Repealed, 1953 c 641 s 3 

     18.151 Cost of state's service; refundment.  

    The actual cost to the state of any service rendered or 
 expense incurred by the department of agriculture and department 
 of natural resources under the provisions of sections 18.041 to 
 18.161 to or for the benefit of any mosquito abatement board 
 shall be billed to the mosquito abatement board benefiting 
 therefrom and be paid by it as other expenses of mosquito 
 abatement.  

    HIST: 1949 c 404 s 12; 1969 c 1129 art 3 s 1 

  18.16 Repealed, 1953 c 641 s 3 

     18.161 Public funds, expenditure, limitation.  

    Nothing contained in sections 18.041 to 18.151 shall be 
 construed to authorize the expenditure of public funds by any 
 governmental unit in excess of the amounts fixed in any law 
 limiting the expenditures of any governmental unit on a per 
 capita basis.  

    HIST: 1949 c 404 s 13 

  18.17 Repealed, 1953 c 641 s 3 

  18.171 Repealed, 1992 c 500 s 16 

  18.18 Repealed, 1953 c 641 s 3 

  18.181 Repealed, 1992 c 500 s 16 

  18.182 Repealed, 1992 c 500 s 16 

  18.189 Repealed, 1992 c 500 s 16 

  18.19 Repealed, 1953 c 641 s 3 

  18.191 Repealed, 1992 c 500 s 16 

  18.192 Repealed, 1992 c 500 s 16 

  18.20 Repealed, 1953 c 641 s 3 

  18.201 Repealed, 1992 c 500 s 16 

     18.205 Public utility easements. 

    For property that is subject to a public utility easement, 
 the person controlling the surface of the land other than the 
 holder of the public utility easement is the person responsible 
 for control of grasshoppers under this chapter.  For purposes of 
 this section, a "public utility easement" means an easement used 
 for the purpose of transmission, distribution, furnishing at 
 wholesale or retail natural or manufactured gas, or electric or 
 telephone service, by a public utility as defined in section 
 216B.02, subdivision 4, a cooperative electric association 
 organized under chapter 308A, a telephone company as defined in 
 section 237.01, subdivisions 2 and 3, or a municipality 
 producing or furnishing gas, electric, or telephone service.  

    HIST: 1990 c 607 s 4 

    18.21 Subdivision 1.  Repealed, 1959 c 35 s 19 

    Subd. 2.  Renumbered 18.022 subd 5 

  18.211 Repealed, 1992 c 500 s 16 

  18.22 Renumbered 18.021 

  18.221 Repealed, 1992 c 500 s 16 

  18.23 Repealed, 1955 c 503 s 6 

  18.231 Repealed, 1992 c 500 s 16 

  18.24 Repealed, 1955 c 503 s 6 

  18.241 Repealed, 1992 c 500 s 16 

  18.25 Repealed, 1955 c 503 s 6 

  18.251 Repealed, 1992 c 500 s 16 

  18.26 Repealed, 1955 c 503 s 6 

  18.261 Repealed, 1992 c 500 s 16 

  18.271 Repealed, 1992 c 500 s 16 

  18.272 Repealed, 1992 c 500 s 16 

  18.281 Repealed, 1992 c 500 s 16 

  18.291 Repealed, 1992 c 500 s 16 

  18.301 Repealed, 1992 c 500 s 16 

  18.31 Renumbered 18.041 

  18.311 Repealed, 1992 c 500 s 16 

  18.312 Repealed, 1992 c 500 s 16 

  18.315 Repealed, 1992 c 500 s 16 

  18.316 Repealed, 1996 c 385 art 2 s 8 

  18.317 Repealed, 1996 c 385 art 2 s 8 

  18.32 Renumbered 18.051 

  18.321 Repealed, 1992 c 500 s 16 

  18.322 Repealed, 1992 c 500 s 16 

  18.323 Repealed, 1992 c 500 s 16 

  18.33 Renumbered 18.061 

     18.331 Certain barberry and mahonia bushes declared 
  nuisances.  

    All barberry (Berberis Sp.) bushes and all Mahonia (Mahonia 
 Sp.) bushes, except the species and variety known as Japanese 
 barberry (Berberis thunbergii), are rust-producing species and 
 are hereby declared to be a public nuisance and a menace to the 
 public welfare and their maintenance, propagation, sale, or 
 introduction into the state is forbidden.  It shall be the duty 
 of every person owning, occupying or having charge of any 
 premises on which such bushes of the rust-producing varieties 
 are grown, or at any time found growing, to forthwith destroy 
 such bushes.  

    HIST: (6146) 1919 c 81 s 1 

     18.332 Authority of commissioner.  

    The commissioner shall cause all such rust-producing 
 Mahonia bushes or barberry bushes to be eradicated, shall make 
 rules relating to the most convenient and expedient method of 
 eradicating and destroying such rust-producing Mahonia bushes or 
 barberry bushes, and shall appoint agents to enforce the 
 provisions of sections 18.331 to 18.334.  The commissioner and 
 agents shall have free access, at all reasonable hours, to any 
 premises to determine whether such rust-producing Mahonia bushes 
 or barberry bushes are growing thereon.  The commissioner shall 
 require reports from the owners or occupants of any premises as 
 to the presence of such bushes thereon.  

    HIST: (6147) 1919 c 81 s 2; 1957 c 724 s 2; 1985 c 248 s 70; 
 1986 c 444 

     18.333 Destruction of bushes.  

    In pursuance of powers granted by sections 18.331 to 
 18.334, when the commissioner, or the commissioner's agents, 
 shall have found Mahonia bushes or barberry bushes of such 
 rust-producing varieties on any premises, it shall be the duty 
 of the commissioner or the agents, as the case may be, to 
 immediately notify, or cause to be notified, the owner or 
 occupant of the premises on which such bushes are growing; such 
 notice shall be sent to the owner or occupant in such form as 
 the commissioner shall prescribe, and it shall be the duty of 
 every occupant of land or, if the land is unoccupied, the owner 
 thereof, or the owner's agent, or the public official in charge 
 thereof, to cut down, otherwise destroy, or eradicate all such 
 Mahonia bushes or barberry bushes as defined in section 18.77, 
 subdivision 8, standing, being, or growing upon such land, or in 
 such manner and at such times as may be directed or ordered by 
 the commissioner or the commissioner's agents.  The expense of 
 such destruction shall be paid to the state commissioner by the 
 owner of the premises within ten days after the rendition of a 
 bill therefor, and if such costs shall not be paid within that 
 time, the bill is hereby made a legal charge against the county 
 or municipality in which the lands are located.  After such 
 cutting down, otherwise destroying or eradicating of noxious 
 weeds, the officer causing the same to be done shall file 
 verified and itemized statements of the costs of all services 
 rendered in connection with serving of notices and cutting down, 
 otherwise destroying or eradicating the noxious bushes on each 
 separate tract or lot of land, with the county auditor or with 
 the clerk of the municipality in which such lands are located, 
 who shall immediately issue proper warrants to the persons named 
 therein for the amount specified.  The amount of such expenses 
 shall constitute and be a lien in favor of the county or 
 municipality, as the case may be, against the land involved and 
 shall be certified to by the county auditor, the municipal 
 clerk, and entered by the county auditor on the tax books as a 
 tax upon such land, and shall be collected in the same manner as 
 other real estate taxes are collected.  The amount of such 
 expenses, when collected shall be used to reimburse the county 
 or municipality for its expenditure in this regard.  Where the 
 lands involved are located in unorganized territory, the expense 
 of eradicating or destroying such bushes shall be paid by the 
 county auditor out of the general revenue fund of the county, 
 upon the verified itemized statement of the commissioner or the 
 commissioner's agent and the amount of such payment shall be 
 entered on the tax books as a tax on such lands and shall 
 constitute and be a lien in favor of such county against the 
 lands involved and shall be collected in the same manner as 
 other real estate taxes are collected.  

    HIST: (6148) 1919 c 81 s 3; 1957 c 724 s 3; 1986 c 444; 1993 c 
 13 art 2 s 1 

     18.334 Certificate of commissioner.  

    The commissioner or the commissioner's agent may, or when 
 requested by any resident of the state shall, determine, or 
 cause to be determined, whether or not the Mahonia bushes or 
 barberry bushes grown on certain premises are of the 
 rust-producing varieties.  The commissioner shall make a 
 certificate of findings and determination on the premises, which 
 certificate shall be prima facie evidence of the facts therein 
 recited.  Such certificate may be received in evidence in any 
 civil action arising under the provisions of sections 18.331 to 
 18.334.  

    HIST: (6149) 1919 c 81 s 4; 1957 c 724 s 4; 1986 c 444 

     18.335 Penalty.  

    Any person violating any of the provisions of sections 
 18.331 to 18.334 is guilty of a misdemeanor.  

    HIST: 1961 c 127 art 1 s 4 

  18.34 Renumbered 18.071 

  18.341 Renumbered 89.51 

  18.35 Renumbered 18.081 

  18.351 Renumbered 89.52 

  18.36 Renumbered 18.091 

  18.361 Renumbered 89.53 

  18.37 Renumbered 18.101 

  18.371 Renumbered 89.54 

  18.38 Renumbered 18.111 

  18.381 Renumbered 89.55 

  18.39 Renumbered 18.121 

  18.391 Renumbered 89.56 

  18.40 Renumbered 18.131 

  18.401 Renumbered 89.57 

  18.41 Renumbered 18.141 

  18.411 Renumbered 89.58 

  18.42 Renumbered 18.151 

  18.421 Renumbered 89.59 

  18.422 Renumbered 89.60 

  18.423 Renumbered 89.61 

  18.43 Renumbered 18.161 

  18.431 Repealed, 1987 c 109 s 13 

  18.432 Repealed, 1987 c 109 s 13 

  18.433 Repealed, 1987 c 109 s 13 

  18.434 Repealed, 1987 c 109 s 13 

  18.435 Repealed, 1987 c 109 s 13 

  18.436 Repealed, 1987 c 109 s 13 

     18.44 Plant pest act.  

    Sections 18.44 to 18.61 are the plant pest act.  

    HIST: 1959 c 35 s 1 

     18.45 Policy.  

    The purpose of the plant pest act is to prevent the 
 introduction into and the propagation and dissemination within 
 this state of plant pests and to provide for their suppression 
 and control.  

    HIST: 1959 c 35 s 2 

     18.46 Definitions. 

    Subdivision 1.  The terms appearing in the plant pest act 
 mean and include: 

    Subd. 2.  Plant:  Any living organism, consisting of one or 
 more cells, which does not typically exhibit voluntary motion or 
 possess sensory or nervous organs.  

    Subd. 3.  Nursery stock:  Nursery stock includes:  all 
 hardy deciduous and evergreen trees, shrubs, vines, and other 
 plants having a woody stem, whether wild or cultivated, and 
 parts thereof which are for and capable of propagation.  

    Subd. 3a.    Hardy.  "Hardy" describes a plant that can 
 survive the normal winters in Minnesota without artificial 
 protection.  

    Subd. 4.  Certified nursery stock:  The term certified 
 nursery stock means nursery stock which has been inspected and 
 found apparently free of plant pests by the commissioner. 

    Subd. 5.  A nursery:  A nursery is any place where nursery 
 stock is grown for sale or distribution.  

    Subd. 6.    Nursery stock grower.  "Nursery stock grower"
 means a person who owns, leases, manages, or is in charge of a 
 nursery.  

    Subd. 7.  Nursery inspector:  A nursery inspector is one 
 who has been assigned the duties of nursery inspection by the 
 commissioner.  

    Subd. 8.  A person:  A person includes a corporation, 
 company, society, association, partnership, or any individual or 
 combination of individuals or any political subdivision or 
 school district of the state.  

    Subd. 9.    Nursery stock dealer.  "Nursery stock dealer"
 means a person who obtains nursery stock for the purpose of sale 
 or distribution and includes any person who sells and 
 distributes for more than one nursery stock grower.  A person 
 who purchases more than half of the nursery stock offered for 
 sale at a sales location during the current certificate year 
 shall be considered a nursery stock dealer rather than a nursery 
 stock grower for the purposes of determining a proper fee 
 schedule.  

    Subd. 9a.    Landscaper.  "Landscaper" is a nursery 
 stock dealer who obtains certified nursery stock for immediate 
 sale, distribution, or installation and who does not grow or 
 maintain nursery stock for resale. 

    Subd. 10.  An agent:  An agent is any person who sells or 
 offers for sale nursery stock under the partial or full control 
 of a nursery operator or a dealer.  

    Subd. 11.  Greenhouse:  A greenhouse is an enclosure of 
 glass or similar material, which is ordinarily used to maintain 
 suitable conditions under which plants may be grown.  

    Subd. 12.  A greenhouse operator:  A greenhouse operator 
 means any person who operates a commercial greenhouse.  

    Subd. 13.  Plant pests:  Plant pests shall include any form 
 of plant or animal life, including any disease producing 
 organism dangerous to plants of the state.  Alternate hosts of 
 any plant disease are included in this definition.  

    Subd. 14. Repealed, 1996 c 310 s 1 

    Subd. 15.  Tag:  A tag is a label which has been approved 
 by the commissioner for use in the transportation or sale of 
 nursery stock. 

    Subd. 16.  Private places:  Private places shall be deemed 
 to include every place except a private home.  

    HIST: 1959 c 35 s 3; 1961 c 113 s 1; 1973 c 550 s 1; 1986 c 
 444; 1991 c 254 art 3 s 2-4; 1993 c 138 s 1,2 

     18.47 Commissioner to employ entomologists.  

    The commissioner may employ entomologists and such other 
 employees as are necessary to carry out the provisions of the 
 plant pest act who shall be classified civil service employees.  

    HIST: 1959 c 35 s 4 

     18.48 Authority.  

    Subdivision 1.    Entry and inspection.  The 
 commissioner may enter and inspect any public and private place 
 which might harbor plant pests and may require that the owner 
 destroy or treat plant pests, plants or other material.  Should 
 the owner fail to properly comply with a directive of the 
 commissioner within a given period of time, the commissioner may 
 have any necessary work done at the owner's expense.  If the 
 owner does not reimburse the commissioner for such expense 
 within a time period to be specified by the commissioner, the 
 expense is a charge upon the county as provided in subdivision 
 4.  If a dangerous plant pest infestation or infection threatens 
 plants of any area within the state, the commissioner shall have 
 the power to take any measures necessary to eliminate or 
 alleviate the danger.  The commissioner has the authority to 
 collect fees as may be required by the plant pest act.  The 
 commissioner may issue and enforce a written or printed 
 "stop-sale" order to the owner or custodian of any nursery stock 
 if fees required by the plant pest act are not paid.  The 
 commissioner's order shall direct that the nursery stock shall 
 be held at a designated place until the required fees have been 
 paid and the nursery stock is released in writing by the 
 commissioner.  However, the owner or custodian has the right to 
 appeal from such order to a court of competent jurisdiction in 
 the county or city where the nursery stock is found, praying for 
 a judgment as to the justification of the order, and for the 
 discharge of the nursery stock from the order prohibiting the 
 sale in accordance with the findings of the court.  The 
 provisions of this section shall not be construed as limiting 
 the right of the enforcement officer to proceed as authorized by 
 other provisions of the plant pest act.  The commissioner shall 
 release the nursery stock held under any stop-sale order when 
 the required fees have been paid and upon payment of all 
 reasonable costs and expenses incurred in connection with such 
 order.  The commissioner may not be held liable for the 
 deterioration of nursery stock during the period for which it is 
 held pursuant to a stop-sale order.  

    Subd. 2.    Rules.  The commissioner may make 
 reasonable rules, after a public hearing, in the manner provided 
 by law, to properly carry out purposes of sections 18.44 to 
 18.61 and acts amendatory thereof, including but not limited to 
 rules in regard to labeling and the maintenance of viability and 
 vigor of nursery stock.  

    Subd. 3.    Quarantines.  The commissioner may 
 promulgate a quarantine to restrict or prohibit the 
 transportation of plants or other materials capable of carrying 
 plant pests into or through any part of the state.  

    Subd. 4.    Collection of charges for work done for owner. 
  Should the commissioner be caused any expense in conjunction 
 with carrying out any of the provisions of subdivision 1 and not 
 be reimbursed by the owner of the land, such expense is hereby 
 made a legal charge against the county in which the land is 
 located.  After such expense is incurred, the commissioner shall 
 file verified and itemized statements of the cost of all service 
 rendered with the county auditor of the county in which the land 
 is located, who shall immediately issue proper warrants to the 
 persons named therein, for the amount specified.  The amount of 
 such expense is a lien in favor of the county against the land 
 involved and shall be certified to by the county auditor and 
 entered on the auditor's tax books as a tax upon such lands and 
 shall be collected as other real estate taxes are collected.  
 The amount of such expenses, when collected, shall be used to 
 reimburse the county in this regard. 

    HIST: 1959 c 35 s 5; Ex1961 c 63 s 1; 1963 c 114 s 1,2; 1985 c 
 248 s 70; 1986 c 444 

     18.49 Inspection required. 

    Subdivision 1.    Yearly inspection.  It shall be 
 unlawful for any person to sell or offer for sale any nursery 
 stock which has not within the preceding 12 months been 
 officially inspected and found apparently free from plant pests. 

    Subd. 2.    Certificate.  It is unlawful for a person to 
 sell or distribute nursery stock to a nursery stock dealer or 
 nursery stock grower who does not have a valid grower's or 
 dealer's certificate. 

    HIST: 1959 c 35 s 6; Ex1961 c 63 s 2; 1986 c 444; 1991 c 254 
 art 3 s 5 

     18.50 The sale of viable nursery stock.  

    All nursery stock and related plant products sold or 
 offered for sale shall be in a sound, healthy condition and 
 shall be stored and displayed under conditions which will 
 maintain their vigor.  Said stock which is dead or so seriously 
 weakened by drying, excessive heat or cold, or any other 
 condition that, in the judgment of the nursery inspector, it 
 will be unable to grow with normal vigor when given reasonable 
 care, shall not be sold or offered for sale.  

    HIST: 1959 c 35 s 7 

     18.51 Nursery stock grower's certificate. 

    Subdivision 1.    Certificate required.  Each nursery 
 stock grower shall obtain a nursery stock grower's certificate 
 from the commissioner.  Said certificate shall be obtained 
 before offering nursery stock for sale or distribution.  Each 
 certificate shall expire on December 31 of each year.  

    Subd. 2.    Fees; penalty.  A nursery stock grower shall 
 pay an annual fee before the commissioner shall issue a 
 certificate of inspection.  This fee shall be based on the area 
 of all of the nursery stock grower's nurseries as follows: 

   Nurseries:
   (1)  1/2 acre or less            $70 per nursery 
                                    stock grower
   (2)  Over 1/2 acre to and
        including 2 acres           $85 per nursery 
                                    stock grower
   (3)  Over 2 acres to and
        including 10 acres          $150 per nursery 
                                    stock grower
   (4)  Over 10 acres to and
        including 50 acres          $400 per nursery 
                                    stock grower
   (5)  Over 50 acres               $725 per nursery 
                                    stock grower for the first
                                    50 acres and $1 per acre
                                    for each additional acre

    A penalty of 25 percent of the fee due shall be charged for 
 any application for renewal not received by January 1 of the 
 year following expiration of a certificate. 

    HIST: 1959 c 35 s 8; 1969 c 1148 s 1; 1973 c 550 s 2; 1981 c 
 356 s 259; 1983 c 293 s 31; 1986 c 444; 1987 c 358 s 40; 1991 c 
 254 art 3 s 6 

     18.52 Dealers' and agents' certificates. 

    Subdivision 1.    Certificates required.  A nursery 
 stock dealer certificate shall be obtained by every nursery 
 stock dealer for each location before offering nursery stock for 
 sale or distribution unless the nursery stock dealer holds a 
 valid greenhouse or nursery stock grower's certificate either of 
 which will permit a single sales location.  This certificate or 
 a duplicate thereof shall be displayed in a prominent manner at 
 each place where nursery stock is offered for sale.  A 
 certificate to sell or distribute certified nursery stock may be 
 obtained by a nursery stock dealer or by an agent through a 
 principal, from the commissioner.  The commissioner may refuse 
 to issue a nursery stock dealer or agent certificate for cause.  

    Subd. 2.    Expiration.  Said certificate shall expire 
 annually on December 31.  

    Subd. 3.    List of sources.  Each person applying for 
 a certificate shall list the sources of nursery stock the person 
 proposes to sell and distribute and shall furnish the 
 commissioner such other reports as may be required.  

    Subd. 4.    Agents.  Each agent shall carry an agent's 
 certificate which bears a copy of the nursery certificate held 
 by the principal.  This certificate shall be offered upon any 
 reasonable request for identification.  The agent's certificate 
 shall be issued by the commissioner upon the written request of 
 the principal.  

    Subd. 5.    Fees; penalty.  A nursery stock dealer shall 
 pay an annual fee based on the dealer's gross sales during the 
 preceding certificate year.  A nursery stock dealer operating 
 for the first year will pay the minimum fee. 

   Dealers:
   (1)  Gross sales up to                 at a location
        $5,000                            $70 per location
   
   (2)  Gross sales over $5,000           at a location
        up to $10,000                     $100 per location
   
   (3)  Gross sales over $10,000          at a location
        up to $25,000                     $200 per location
   
   (4)  Gross sales over $25,000          at a location
        up to $75,000                     $300 per location
   
   (5)  Gross sales over $75,000          at a location
        up to $100,000                    $400 per location
   
   (6)  Gross sales over $100,000         at a location
        up to $250,000                    $500 per location
   (7)  Gross sales over $250,000         at a location
                                          $600 per location

    In addition to the above fees, a penalty of 25 percent of 
 the fee due shall be charged for any application for renewal not 
 received by January 1 of the year following expiration of a 
 certificate. 

    HIST: 1959 c 35 s 9; 1963 c 114 s 3; 1969 c 1148 s 2; 1973 c 
 550 s 3; 1981 c 356 s 260; 1983 c 293 s 32; 1986 c 444; 1987 c 
 358 s 41; 1991 c 254 art 3 s 7,8; 1996 c 330 s 1,2 

     18.525 Exempt sales. 

    An organization does not need to obtain a nursery stock 
 dealer certificate before offering certified nursery stock for 
 sale or distribution if the organization: 

    (1) is a nonprofit charitable, educational, or religious 
 organization; 

    (2) conducts sales or distributions of certified nursery 
 stock on 14 or fewer days in a calendar year; and 

    (3) uses the proceeds from its certified nursery stock 
 sales or distributions for charitable, educational, or religious 
 purposes. 

    The organization must notify the commissioner, prior to any 
 sales or distributions of certified nursery stock and must 
 demonstrate to the commissioner, if requested, that such sales 
 or distributions will be conducted on 14 or fewer days in the 
 calendar year, as provided in clause (2). 

    HIST: 1993 c 138 s 3; 1993 c 209 s 1; 1993 c 366 s 24 

     18.53 Greenhouse certification. 

    The commissioner may inspect and certify greenhouses and 
 greenhouse plants as being free from plant pests upon request of 
 the greenhouse operator and issue a greenhouse certificate.  The 
 fee is $50 for each greenhouse operator.  The certificate 
 expires on December 31 next following the date of issue.  

    HIST: 1959 c 35 s 10; 1975 c 412 s 3; 1983 c 293 s 33; 1986 c 
 444; 1987 c 358 s 42; 1996 c 330 s 3 

     18.54 Local sales and miscellaneous. 

    Subdivision 1.    Services and fees.  The commissioner 
 may make small lot inspections or perform other necessary 
 services for which another charge is not specified.  For these 
 services the commissioner shall set a fee plus expenses that 
 will recover the cost of performing this service, as provided in 
 section 16A.1285.  The commissioner may set an additional 
 acreage fee for inspection of seed production fields for 
 exporters in order to meet domestic and foreign plant quarantine 
 requirements. 

    Subd. 2.    Virus disease-free certification.  The 
 commissioner shall have the authority to provide special 
 services such as virus disease-free certification and other 
 similar programs.  Participation by nursery stock growers shall 
 be voluntary.  Plants offered for sale as certified virus-free 
 must be grown according to certain procedures in a manner 
 defined by the commissioner for the purpose of eliminating 
 viruses and other injurious disease or insect pests.  The 
 commissioner shall collect reasonable fees from participating 
 nursery stock growers for services and materials that are 
 necessary to conduct this type of work, as provided in section 
 16A.1285.  

    HIST: 1959 c 35 s 11; Ex1961 c 63 s 3; 1969 c 1148 s 3; 1975 c 
 412 s 4; 1981 c 356 s 261; 1983 c 293 s 34; 1986 c 444; 1991 c 
 254 art 3 s 9; 1996 c 305 art 3 s 3,4 

     18.55 Reciprocity with other states. 

    Subdivision 1.    Out-of-state nursery stock grower, 
 dealer, or agent.  A nursery stock grower, dealer, or agent 
 from another state which issues certificates to nursery stock 
 growers, dealers, or agents of Minnesota on the same or similar 
 basis as to nursery stock growers, dealers, or agents of such 
 state may operate in Minnesota upon complying with the plant 
 pest act without procuring a Minnesota certificate.  Any person 
 from another state shipping nursery stock into Minnesota shall 
 be accorded treatment similar to that which is required of 
 Minnesota nursery stock growers, dealers, or agents who ship or 
 sell nursery stock in such state.  No reciprocity shall be 
 extended under this section until the commissioner has first 
 determined which states issue certificates to nursery stock 
 growers, dealers, or agents of Minnesota on the same or similar 
 basis as to nursery stock growers, dealers, or agents of such 
 states.  

    Subd. 2.    Filing out-of-state certificates of 
 inspection.  Each out-of-state nursery stock grower or dealer 
 whose nursery stock is sold, offered for sale, or distributed 
 within this state shall file a certified current copy of an 
 out-of-state certificate in the office of the commissioner.  The 
 commissioner may accept, in lieu of such individual 
 certificates, a certified list of current certified nursery 
 stock growers or dealers from the regulatory agency having 
 jurisdiction in the state of origin, and may distribute such 
 lists to persons in the state of Minnesota requesting them.  The 
 commissioner also may supply certified lists of certified 
 Minnesota nursery stock growers and dealers offering nursery 
 stock for sale in Minnesota and other states on request of any 
 person.  If any certified nursery stock grower or dealer has 
 violated any provisions of the plant pest act, the filed 
 certificate will be voided or the person's name will be stricken 
 from the appropriate certified list.  

    HIST: 1959 c 35 s 12; 1975 c 180 s 3; 1986 c 444; 1991 c 254 
 art 3 s 10 

     18.56 Tags. 

    A tag bearing a reasonable facsimile of the nursery stock 
 grower or dealer certificate shall be attached to every package 
 or bundle of nursery stock sold or transported by any person.  
 The form of each tag shall be approved by the commissioner 
 before being used. 

    HIST: 1959 c 35 s 13; 1991 c 254 art 3 s 11 

     18.57 Carriers not to accept untagged stock. 

    All carriers for hire, including railroad companies, 
 express companies and truck lines shall not accept nursery stock 
 which is not tagged with a valid tag of the nursery stock grower 
 or dealer making the shipment.  The carrier shall promptly 
 notify the commissioner regarding any prohibited shipment.  

    HIST: 1959 c 35 s 14; 1991 c 254 art 3 s 12 

  18.58 Repealed, 1996 c 310 s 1 

     18.59 Violations.  

    It shall be a violation of the plant pest act for any 
 person: 

    (1) to hinder or prevent the commissioner from carrying out 
 the duties of the act.  

    (2) to sell, transport, or offer for sale nursery stock 
 which has not been inspected and certified, by a duly authorized 
 nursery inspector, to be apparently free of plant pests.  

    (3) to fail to carry out the treatment or destruction of 
 condemned plants or other material after official notification 
 by the commissioner.  

    (4) to use an invalid certificate of inspection or shipping 
 tag in the sale or distribution of nursery stock covered by sections 
 18.44 to 18.61.  

    (5) to misrepresent or mislabel nursery stock as to vigor, 
 hardiness and viability.  

    (6) to violate any quarantine promulgated by the 
 commissioner in accordance with the act.  

    (7) to fail to comply with any provision of the plant pest 
 act, or any rules promulgated thereunder.  

    (8) to possess nursery stock or have it on the premises for 
 the purposes of sale or disposition without a valid certificate 
 of inspection, dealer's certificate or greenhouse certificate.  

    HIST: 1959 c 35 s 16; Ex1961 c 63 s 4; 1985 c 248 s 70; 1986 c 
 444 

     18.60 Penalties. 

    Subdivision 1.    Certificate revocation.  In addition 
 to or in lieu of administrative penalties under subdivision 2, 
 the certificate of any person violating any of the provisions of 
 the plant pest act may be suspended or revoked by the 
 commissioner. 

    Subd. 2.    Administrative penalty.  The commissioner 
 may impose an administrative penalty on a person who violates 
 sections 18.44 to 18.61.  For a first violation, the 
 commissioner may impose an administrative penalty of not more 
 than $1,000 for each violation.  For a second or succeeding 
 violation, the commissioner may impose an administrative penalty 
 of not more than $1,500 for each violation.  Each day a 
 violation continues is a separate violation.  In determining the 
 amount of the administrative penalty to be assessed under this 
 section, the commissioner shall consider the gravity of the 
 offense, the size of the business involved, and the effect of 
 the penalty on the person's ability to continue in business. 

    Subd. 3.    Appeal.  A person adversely affected by an 
 act, order, or ruling made under this section, or a rule adopted 
 under the plant pest act, may appeal under chapter 14. 

    HIST: 1959 c 35 s 17; 1985 c 248 s 70; 1986 c 444; 1991 c 254 
 art 3 s 13 

     18.61 Enforcement.  

    It shall be the duty of every prosecuting officer to whom 
 the commissioner shall report any violation of the plant pest 
 act or any of the rules promulgated thereunder to cause 
 appropriate proceedings to be commenced and prosecuted in the 
 proper courts without delay for the enforcement of the penalties 
 as provided in such case.  

    HIST: 1959 c 35 s 18; 1985 c 248 s 70; 1986 c 444 

     18.62 Enactment; insurance fund; administration; finance.

    The pest control compact is hereby enacted into law and 
 entered into with all other jurisdictions legally joining 
 therein in the form substantially as follows: 

                       PEST CONTROL COMPACT 

                            ARTICLE I 

                             Findings 

    The party states find that: 

    (a) In the absence of the higher degree of cooperation 
 among them possible under this compact, the annual loss of 
 approximately seven billion dollars from the depredations of 
 pests is virtually certain to continue, if not to increase.  

    (b) Because of varying climatic, geographic and economic 
 factors, each state may be affected differently by particular 
 species of pests; but all states share the inability to protect 
 themselves fully against those pests which present serious 
 dangers to them.  

    (c) The migratory character of pest infestations makes it 
 necessary for states both adjacent to and distant from one 
 another, to complement each other's activities when faced with 
 conditions of infestation and reinfestation.  

    (d) While every state is seriously affected by a 
 substantial number of pests, and every state is susceptible of 
 infestation by many species of pests not now causing damage to 
 its crop and plant life and products, the fact that relatively 
 few species of pests present equal danger to or are of interest 
 to all states makes the establishment and operation of an 
 Insurance Fund, from which individual states may obtain 
 financial support for pest control programs of benefit to them 
 in other states and to which they may contribute in accordance 
 with their relative interests, the most equitable means of 
 financing cooperative pest eradication and control programs.  

                            ARTICLE II 

                           Definitions 

    As used in this compact, unless the context clearly 
 requires a different construction: 

    (a) "State" means a state, territory or possession of the 
 United States, the District of Columbia, and the Commonwealth of 
 Puerto Rico.  

    (b) "Requesting state" means a state which invokes the 
 procedures of the compact to secure the undertaking or 
 intensification of measures to control or eradicate one or more 
 pests within one or more other states.  

    (c) "Responding state" means a state requested to undertake 
 or intensify the measures referred to in subdivision (a) of this 
 Article.  

    (d) "Pest" means any invertebrate animal, pathogen, 
 parasitic plant or similar or allied organism which can cause 
 disease or damage in any crops, trees, shrubs, grasses or other 
 plants of substantial value.  

    (e) "Insurance Fund" means the Pest Control Insurance Fund 
 established pursuant to this compact.  

    (f) "Governing Board" means the administrators of this 
 compact representing all of the party states when such 
 administrators are acting as a body in pursuance of authority 
 vested in them by this compact.  

    (g) "Executive Committee" means the committee established 
 pursuant to Article V (e) of this compact.  

                           ARTICLE III 

                        The Insurance Fund 

    There is hereby established the Pest Control Insurance Fund 
 for the purpose of financing other than normal pest control 
 operations which states may be called upon to engage in pursuant 
 to this compact.  The Insurance Fund shall contain moneys 
 appropriated to it by the party states and any donations and 
 grants accepted by it.  All appropriations, except as 
 conditioned by the rights and obligations of party states 
 expressly set forth in this compact, shall be unconditional and 
 may not be restricted by the appropriating state to use in the 
 control of any specified pest or pests.  Donations and grants 
 may be conditional or unconditional, provided that the insurance 
 fund shall not accept any donation or grant whose terms are 
 inconsistent with any provision of this compact.  

                            ARTICLE IV 

      The Insurance Fund, Internal Operations and Management 

    (a) The Insurance Fund shall be administered by a Governing 
 Board and Executive Committee as hereinafter provided.  The 
 actions of the Governing Board and Executive Committee pursuant 
 to this compact shall be deemed the actions of the Insurance 
 Fund.  

    (b) The members of the Governing Board shall be entitled to 
 one vote each on such Board.  No action of the Governing Board 
 shall be binding unless taken at a meeting at which a majority 
 of the total number of votes on the Governing Board are cast in 
 favor thereof.  Action of the Governing Board shall be only at a 
 meeting at which a majority of the members are present.  

    (c) The Insurance Fund shall have a seal which may be 
 employed as an official symbol and which may be affixed to 
 documents and otherwise used as the Governing Board may provide. 

    (d) The Governing Board shall elect annually, from among 
 its members, a chairman, a vice chairman, a secretary and a 
 treasurer.  The chairman may not succeed himself.  The Governing 
 Board may appoint an executive director and fix his duties and 
 his compensation, if any.  Such executive director shall serve 
 at the pleasure of the Governing Board.  The Governing Board 
 shall make provision for the bonding of such of the officers and 
 employees of the Insurance Fund as may be appropriate.  

    (e) Irrespective of the civil service, personnel or other 
 merit system laws of any of the party states, the executive 
 director, or if there be no executive director, the chairman, in 
 accordance with such procedures as the bylaws may provide, shall 
 appoint, remove or discharge such personnel as may be necessary 
 for the performance of the functions of the Insurance Fund and 
 shall fix the duties and compensation of such personnel.  The 
 Governing Board in its bylaws shall provide for the personnel 
 policies and programs of the Insurance Fund.  

    (f) The Insurance Fund may borrow, accept or contract for 
 the services of personnel from any state, the United States, or 
 any other governmental agency, or from any person, firm, 
 association or corporation.  

    (g) The Insurance Fund may accept for any of its purposes 
 and functions under this compact any and all donations, and 
 grants of money, equipment, supplies, materials and services, 
 conditional or otherwise, from any state, the United States, or 
 any other governmental agency, or from any person, firm, 
 association or corporation, and may receive, utilize and dispose 
 of the same.  Any donation, gift or grant accepted by the 
 Governing Board pursuant to this paragraph or services borrowed 
 pursuant to paragraph (f) of this Article shall be reported in 
 the annual report of the Insurance Fund.  Such report shall 
 include the nature, amount and conditions, if any, of the 
 donation, gift, grant or services borrowed and the identity of 
 the donor or lender.  

    (h) The Governing Board shall adopt bylaws for the conduct 
 of the business of the Insurance Fund and shall have the power 
 to amend and rescind these bylaws.  The Insurance Fund shall 
 publish its bylaws in convenient form and shall file a copy 
 thereof and a copy of any amendment thereto with the appropriate 
 agency or officer in each of the party states.  

    (i) The Insurance Fund annually shall make to the Governor 
 and legislature of each party state a report covering its 
 activities for the preceding year.  The Insurance Fund may make 
 such additional reports as it may deem desirable.  

    (j) In addition to the powers and duties specifically 
 authorized and imposed, the Insurance Fund may do such other 
 things as are necessary and incidental to the conduct of its 
 affairs pursuant to this compact.  

                            ARTICLE V 

            Compact and Insurance Fund Administration 

    (a) In each party state there shall be a compact 
 administrator, who shall be selected and serve in such manner as 
 the laws of his state may provide, and who shall: 

    1.  Assist in the coordination of activities pursuant to 
 the compact in his state; and 

    2.  Represent his state on the Governing Board of the 
 Insurance Fund.  

    (b) If the laws of the United States specifically so 
 provide, or if administrative provision is made therefor within 
 the federal government, the United States may be represented on 
 the Governing Board of the Insurance Fund by not to exceed three 
 representatives.  Any such representative or representatives of 
 the United States shall be appointed and serve in such manner as 
 may be provided by or pursuant to federal law, but no such 
 representative shall have a vote on the Governing Board or on 
 the Executive Committee thereof.  

    (c) The Governing Board shall meet at least once each year 
 for the purpose of determining policies and procedures in the 
 administration of the Insurance Fund and, consistent with the 
 provisions of the compact, supervising and giving direction to 
 the expenditure of moneys from the Insurance Fund.  Additional 
 meetings of the Governing Board shall be held on call of the 
 chairman, the Executive Committee, or a majority of the 
 membership of the Governing Board.  

    (d) At such times as it may be meeting, the Governing Board 
 shall pass upon applications for assistance from the Insurance 
 Fund and authorize disbursements therefrom.  When the Governing 
 Board is not in session, the Executive Committee thereof shall 
 act as agent of the Governing Board, with full authority to act 
 for it in passing upon such applications.  

    (e) The Executive Committee shall be composed of the 
 chairman of the Governing Board and four additional members of 
 the Governing Board chosen by it so that there shall be one 
 member representing each of four geographic groupings of party 
 states.  The Governing Board shall make such geographic 
 groupings.  If there is representation of the United States on 
 the Governing Board, one such representative may meet with the 
 Executive Committee.  The chairman of the Governing Board shall 
 be chairman of the Executive Committee.  No action of the 
 Executive Committee shall be binding unless taken at a meeting 
 at which at least four members of such Committee are present and 
 vote in favor thereof.  Necessary expenses of each of the five 
 members of the Executive Committee incurred in attending 
 meetings of such Committee, when not held at the same time and 
 place as a meeting of the Governing Board, shall be charges 
 against the Insurance Fund.  

                            ARTICLE VI 

                   Assistance and Reimbursement 

    (a) Each party state pledges to each other party state that 
 it will employ its best efforts to eradicate, or control within 
 the strictest practicable limits, any and all pests.  It is 
 recognized that performance of this responsibility involves: 

    1.  The maintenance of pest control and eradication 
 activities of interstate significance by a party state at a 
 level that would be reasonable for its own protection in the 
 absence of this compact.  

    2.  The meeting of emergency outbreaks or infestations of 
 interstate significance to no less an extent than would have 
 been done in the absence of this compact.  

    (b) Whenever a party state is threatened by a pest not 
 present within its borders but present within another party 
 state, or whenever a party state is undertaking or engaged in 
 activities for the control or eradication of a pest or pests, 
 and finds that such activities are or would be impracticable or 
 substantially more difficult of success by reason of failure of 
 another party state to cope with infestation or threatened 
 infestation, that state may request the Governing Board to 
 authorize expenditures from the Insurance Fund for eradication 
 or control measures to be taken by one or more of such other 
 party states at a level sufficient to prevent, or to reduce to 
 the greatest practicable extent, infestation or reinfestation of 
 the requesting state.  Upon such authorization the responding 
 state or states shall take or increase such eradication or 
 control measures as may be warranted.  A responding state shall 
 use moneys made available from the Insurance Fund expeditiously 
 and efficiently to assist in affording the protection requested. 

    (c) In order to apply for expenditures from the Insurance 
 Fund, a requesting state shall submit the following in writing: 

    1.  A detailed statement of the circumstances which 
 occasion the request for the invoking of the compact.  

    2.  Evidence that the pest on account of whose eradication 
 or control assistance is requested constitutes a danger to an 
 agricultural or forest crop, product, tree, shrub, grass or 
 other plant having a substantial value to the requesting state.  

    3.  A statement of the extent of the present and projected 
 program of the requesting state and its subdivisions, including 
 full information as to the legal authority for the conduct of 
 such program or programs and the expenditures being made or 
 budgeted therefor, in connection with the eradication, control, 
 or prevention of introduction of the pest concerned.  

    4.  Proof that the expenditures being made or budgeted as 
 detailed in item 3 do not constitute a reduction of the effort 
 for the control or eradication of the pest concerned or, if 
 there is a reduction, the reasons why the level of program 
 detailed in item 3 constitutes a normal level of pest control 
 activity.  

    5.  A declaration as to whether, to the best of its 
 knowledge and belief, the conditions which in its view occasion 
 the invoking of the compact in the particular instance can be 
 abated by a program undertaken with the aid of moneys from the 
 Insurance Fund in one year or less, or whether the request is 
 for an installment in a program which is likely to continue for 
 a longer period of time.  

    6.  Such other information as the Governing Board may 
 require consistent with the provisions of this compact.  

    (d) The Governing Board or Executive Committee shall give 
 due notice of any meeting at which an application for assistance 
 from the Insurance Fund is to be considered.  Such notice shall 
 be given to the compact administrator of each party state and to 
 such other officers and agencies as may be designated by the 
 laws of the party states.  The requesting state and any other 
 party state shall be entitled to be represented and present 
 evidence and argument at such meeting.  

    (e) Upon the submission as required by paragraph (c) of 
 this Article and such other information as it may have or 
 acquire, and upon determining that an expenditure of funds is 
 within the purposes of this compact and justified thereby, the 
 Governing Board or Executive Committee shall authorize support 
 of the program.  The Governing Board or the Executive Committee 
 may meet at any time or place for the purpose of receiving and 
 considering an application.  Any and all determinations of the 
 Governing Board or Executive Committee, with respect to an 
 application, together with the reasons therefor shall be 
 recorded and subscribed in such manner as to show and preserve 
 the votes of the individual members thereof.  

    (f) A requesting state which is dissatisfied with a 
 determination of the Executive Committee shall upon notice in 
 writing given within twenty days of the determination with which 
 it is dissatisfied, be entitled to receive a review thereof at 
 the next meeting of the Governing Board.  Determinations of the 
 Executive Committee shall be reviewable only by the Governing 
 Board at one of its regular meetings, or at a special meeting 
 held in such manner as the Governing Board may authorize.  

    (g) Responding states required to undertake or increase 
 measures pursuant to this compact may receive moneys from the 
 Insurance Fund, either at the time or times when such state 
 incurs expenditures on account of such measures, or as 
 reimbursement for expenses incurred and chargeable to the 
 Insurance Fund.  The Governing Board shall adopt and, from time 
 to time, may amend or revise procedures for submission of claims 
 upon it and for payment thereof.  

    (h) Before authorizing the expenditure of moneys from the 
 Insurance Fund pursuant to an application of a requesting state, 
 the Insurance Fund shall ascertain the extent and nature of any 
 timely assistance or participation which may be available from 
 the federal government and shall request the appropriate agency 
 or agencies of the federal government for such assistance and 
 participation.  

    (i) The Insurance Fund may negotiate and execute a 
 memorandum of understanding or other appropriate instrument 
 defining the extent and degree of assistance or participation 
 between and among the Insurance Fund, cooperating federal 
 agencies, states and any other entities concerned.  

                           ARTICLE VII 

                Advisory and Technical Committees 

    The Governing Board may establish advisory and technical 
 committees composed of state, local, and federal officials, and 
 private persons to advise it with respect to any one or more of 
 its functions.  Any such advisory or technical committee, or any 
 member or members thereof may meet with and participate in its 
 deliberations.  Upon request of the Governing Board or Executive 
 Committee an advisory or technical committee may furnish 
 information and recommendations with respect to any application 
 for assistance from the Insurance Fund being considered by such 
 Board or Committee and the Board or Committee may receive and 
 consider the same:  Provided that any participant in a meeting 
 of the Governing Board or Executive Committee held pursuant to 
 Article VI (d) of the compact shall be entitled to know the 
 substance of any such information and recommendations, at the 
 time of the meeting if made prior thereto or as a part thereof 
 or, if made thereafter, no later than the time at which the 
 Governing Board or Executive Committee makes its disposition of 
 the application.  

                           ARTICLE VIII 

              Relations with Nonparty Jurisdictions 

    (a) A party state may make application for assistance from 
 the Insurance Fund in respect of a pest in a nonparty state.  
 Such application shall be considered and disposed of by the 
 Governing Board or Executive Committee in the same manner as an 
 application with respect to a pest within a party state, except 
 as provided in this Article.  

    (b) At or in connection with any meeting of the Governing 
 Board or Executive Committee held pursuant to Article VI (d) of 
 this compact a nonparty state shall be entitled to appear, 
 participate, and receive information only to such extent as the 
 Governing Board or Executive Committee may provide.  A nonparty 
 state shall not be entitled to review of any determination made 
 by the Executive Committee.  

    (c) The Governing Board or Executive Committee shall 
 authorize expenditures from the Insurance Fund to be made in a 
 nonparty state only after determining that the conditions in 
 such state and the value of such expenditures to the party 
 states as a whole justify them.  The Governing Board or 
 Executive Committee may set any conditions which it deems 
 appropriate with respect to the expenditure of moneys from the 
 Insurance Fund in a nonparty state and may enter into such 
 agreement or agreements with nonparty states and other 
 jurisdictions or entities as it may deem necessary or 
 appropriate to protect the interests of the Insurance Fund with 
 respect to expenditures and activities outside of party states.  

                            ARTICLE IX 

                             Finance 

    (a) The Insurance Fund shall submit to the executive head 
 or designated officer or officers of each party state a budget 
 for the Insurance Fund for such period as may be required by the 
 laws of that party state for presentation to the legislature 
 thereof. 

    (b) Each of the budgets shall contain specific 
 recommendations of the amount or amounts to be appropriated by 
 each of the party states.  The requests for appropriations shall 
 be apportioned among the party states as follows: One-tenth of 
 the total budget in equal shares and the remainder in proportion 
 to the value of agricultural and forest crops and products, 
 excluding animals and animal products, produced in each party 
 state.  In determining the value of such crops and products the 
 Insurance Fund may employ such source or sources of information 
 as in its judgment present the most equitable and accurate 
 comparisons among the party states.  Each of the budgets and 
 requests for appropriations shall indicate the source or sources 
 used in obtaining information concerning value of products. 

    (c) The financial assets of the Insurance Fund shall be 
 maintained in two accounts to be designated respectively as the 
 "Operating Account" and the "Claims Account." The Operating 
 Account shall consist only of those assets necessary for the 
 administration of the Insurance Fund during the next ensuing 
 two-year period.  The Claims Account shall contain all moneys 
 not included in the Operating Account and shall not exceed the 
 amount reasonably estimated to be sufficient to pay all 
 legitimate claims on the Insurance Fund for a period of three 
 years.  At any time when the Claims Account has reached its 
 maximum limit or would reach its maximum limit by the addition 
 of moneys requested for appropriation by the party states, the 
 Governing Board shall reduce its budget requests on a pro rata 
 basis in such manner as to keep the Claims Account within such 
 maximum limit.  Any moneys in the Claims Account by virtue of 
 conditional donations, grants or gifts shall be included in 
 calculations made pursuant to this paragraph only to the extent 
 that such moneys are available to meet demands arising out of 
 claims.  

    (d) The Insurance Fund shall not pledge the credit of any 
 party state.  The Insurance Fund may meet any of its obligations 
 in whole or in part with moneys available to it under Article IV 
 (g) of this compact, provided that the Governing Board takes 
 specific action setting aside such moneys prior to incurring any 
 obligation to be met in whole or in part in such manner.  Except 
 where the Insurance Fund makes use of moneys available to it 
 under Article IV (g) hereof, the Insurance Fund shall not incur 
 any obligation prior to the allotment of moneys by the party 
 states adequate to meet the same.  

    (e) The Insurance Fund shall keep accurate accounts of all 
 receipts and disbursements.  The receipts and disbursements of 
 the Insurance Fund shall be subject to the audit and accounting 
 procedures established under its bylaws.  However, all receipts 
 and disbursements of funds handled by the Insurance Fund shall 
 be audited yearly by a certified or licensed public accountant 
 and a report of the audit shall be included in and become part 
 of the annual report of the Insurance Fund.  

    (f) The accounts of the Insurance Fund shall be open at any 
 reasonable time for inspection by duly authorized officers of 
 the party states and by any persons authorized by the Insurance 
 Fund.  

                            ARTICLE X 

                 Entry Into Force and Withdrawal 

    (a) This compact shall enter into force when enacted into 
 law by any five or more states.  Thereafter, this compact shall 
 become effective as to any other state upon its enactment 
 thereof.  

    (b) Any party state may withdraw from this compact by 
 enacting a statute repealing the same, but no such withdrawal 
 shall take effect until two years after the executive head of 
 the withdrawing state has given notice in writing of the 
 withdrawal to the executive heads of all other party states.  No 
 withdrawal shall affect any liability already incurred by or 
 chargeable to a party state prior to the time of such withdrawal.

                            ARTICLE XI 

                  Construction and Severability 

    This compact shall be liberally construed so as to 
 effectuate the purposes thereof.  The provisions of this compact 
 shall be severable and if any phase, clause, sentence or 
 provision of this compact is declared to be contrary to the 
 constitution of any state or of the United States or the 
 applicability thereof to any government, agency, person or 
 circumstance is held invalid, the validity of the remainder of 
 this compact and the applicability thereof to any government, 
 agency, person or circumstance shall not be affected thereby.  
 If this compact shall be held contrary to the constitution of 
 any state participating herein, the compact shall remain in full 
 force and effect as to the remaining party states and in full 
 force and effect as to the state affected as to all severable 
 matters.  

    HIST: 1969 c 1020 s 1 

     18.63 State cooperation.  

    Consistent with law and within available appropriations, 
 the departments, agencies and officers of this state may 
 cooperate with the insurance fund established by the pest 
 control compact.  

    HIST: 1969 c 1020 s 2 

     18.64 Bylaws and amendments; filing.  

    Pursuant to article IV (h) of the compact, copies of bylaws 
 and amendments thereto shall be filed in the office of the 
 department of agriculture of the state of Minnesota.  

    HIST: 1969 c 1020 s 3 

     18.65 Administrator; commissioner of agriculture.  

    The compact administrator for this state shall be the 
 commissioner of agriculture appointed by the governor.  The 
 duties of the compact administrator shall be deemed a regular 
 part of the duties of the commissioner's office.  

    HIST: 1969 c 1020 s 4; 1986 c 444 

     18.66 Request for assistance.  

    Within the meaning of article VI (b) or VIII (a), a request 
 or application for assistance from the Insurance Fund may be 
 made by the governor or the commissioner of agriculture whenever 
 in the official's judgment the conditions qualifying this state 
 for such assistance exist and it would be in the best interest 
 of this state to make such request.  

    HIST: 1969 c 1020 s 5; 1986 c 444 

     18.67 Appropriation; acceptance of funds.  

    There is hereby appropriated out of the general fund in the 
 state treasury to the department of agriculture for the purposes 
 of sections 18.62 to 18.71 during the biennium beginning on July 
 1, 1969, the sum of $29,000.  The department of agriculture 
 shall have credited to its account in the state treasury the 
 amount or amounts of any payments made to this state to defray 
 the cost of such program, or any part thereof, or as 
 reimbursement thereof, and moneys so credited are appropriated 
 to the department of agriculture for the purposes of sections 
 18.62 to 18.71.  

    HIST: 1969 c 399 s 1; 1969 c 1020 s 6 

     18.68 Filing of documents; notices.  

    Filing of documents as required by the compact set forth in 
 sections 18.62 to 18.71 shall be with the department of 
 agriculture.  Any and all notices required by commission bylaws 
 to be given pursuant to article VI, clause (d) of the compact 
 shall be given to the commissioner of agriculture of this state 
 or the commissioner's alternate, if any.  

    HIST: 1969 c 1020 s 7; 1986 c 444 

     18.69 Budget; limitations. 

    Pursuant to article IX, clause (a) of the compact, the 
 governing board shall submit its budget to the commissioner of 
 agriculture.  Such budget and the state's share thereof shall be 
 subject to the provisions of chapter 16A, and any act amendatory 
 thereof. 

    HIST: 1969 c 1020 s 8; 1977 c 410 s 10 

     18.70 Legislative auditor.  

    Pursuant to article IX, clause (f) of the compact, the 
 legislative auditor is hereby empowered and authorized to 
 inspect the accounts of the insurance fund as a part of the 
 auditor's audit of the department of agriculture.  

    HIST: 1969 c 1020 s 9; 1973 c 492 s 14; 1986 c 444 

     18.71 Governor as executive head.  

    As used in the compact, with reference to this state, the 
 term "executive head" shall mean the governor.  

    HIST: 1969 c 1020 s 10 

     18.75 Purpose. 

    It is the policy of the legislature that residents of the 
 state be protected from the injurious effects of noxious weeds 
 on public health, the environment, public roads, crops, 
 livestock, and other property.  Sections 18.76 to 18.88 contain 
 procedures for controlling and eradicating noxious weeds on all 
 lands within the state.  

    HIST: 1992 c 500 s 1 

     18.76 Citation. 

    Sections 18.76 to 18.88 may be cited as the "Minnesota 
 noxious weed law."  

    HIST: 1992 c 500 s 2 

     18.77 Definitions. 

    Subdivision 1.    Scope.  The definitions in this 
 section apply to sections 18.76 to 18.88.  

    Subd. 2. Repealed, 1996 c 310 s 1 

    Subd. 3.    Control.  "Control" means to destroy the 
 aboveground growth of noxious weeds by a lawful method that 
 prevents the maturation and spread of noxious weed propagating 
 parts from one area to another.  

    Subd. 4.    Eradicate.  "Eradicate" means to destroy the 
 aboveground growth and the roots of noxious weeds by a lawful 
 method that prevents the maturation and spread of noxious weed 
 propagating parts from one area to another.  

    Subd. 5.    Growing crop.  "Growing crop" means an 
 agricultural, horticultural, or forest crop that has been 
 planted or regularly maintained and intended for harvest.  

    Subd. 6.    Land.  "Land" means a parcel or tract of 
 real estate including wetlands and public waters but not 
 including buildings unless they are a place of business and open 
 to the general public. 

    Subd. 7.    Municipality.  "Municipality" means a home 
 rule charter or statutory city or a township.  

    Subd. 8.    Noxious weed.  "Noxious weed" means an 
 annual, biennial, or perennial plant that the commissioner 
 designates to be injurious to public health, the environment, 
 public roads, crops, livestock, or other property.  

    Subd. 9.    Occupant.  "Occupant" means a person who 
 uses land as a principal residence or who leases land or both.  

    Subd. 10.    Permanent pasture, hay meadow, woodlot, and 
 other noncrop area.  "Permanent pasture, hay meadow, woodlot, 
 and other noncrop area" means an area of predominantly native or 
 seeded perennial plants that can be used for grazing or hay 
 purposes but is not harvested on a regular basis and is not 
 considered to be a growing crop.  

    Subd. 11.    Person.  "Person" means an individual, 
 partnership, corporation, society, association, firm, public 
 agency, or an agent for one of those entities.  

    Subd. 12.    Propagating parts.  "Propagating parts" 
 means plant parts, including seeds, that are capable of 
 producing new plants.  

    HIST: 1992 c 500 s 3 

     18.78 Control or eradication of noxious weeds. 

    Subdivision 1.    Generally.  Except as provided in 
 section 18.85, a person owning land, a person occupying land, or 
 a person responsible for the maintenance of public land shall 
 control or eradicate all noxious weeds on the land at a time and 
 in a manner ordered by the commissioner, the county agricultural 
 inspector, or a local weed inspector. 

    Subd. 2.    Control of purple loosestrife.  An owner of 
 nonfederal lands underlying public waters or wetlands designated 
 under section 103G.201 is not required to control or eradicate 
 purple loosestrife below the ordinary high water level of the 
 public water or wetland.  The commissioner of natural resources 
 is responsible for control and eradication of purple loosestrife 
 on public waters and wetlands designated under section 103G.201, 
 except those located upon lands owned in fee title or managed by 
 the United States.  The officers, employees, agents, and 
 contractors of the commissioner of natural resources may enter 
 upon public waters and wetlands designated under section 
 103G.201 and, after providing notification to the occupant or 
 owner of the land, may cross adjacent lands as necessary for the 
 purpose of investigating purple loosestrife infestations, 
 formulating methods of eradication, and implementing control and 
 eradication of purple loosestrife.  The commissioner, after 
 consultation with the commissioner of agriculture, shall, by 
 June 1 of each year, compile a priority list of purple 
 loosestrife infestations to be controlled in designated public 
 waters.  The commissioner of agriculture must distribute the 
 list to county agricultural inspectors, local weed inspectors, 
 and their appointed agents.  The commissioner of natural 
 resources shall control listed purple loosestrife infestations 
 in priority order within the limits of appropriations provided 
 for that purpose.  This procedure shall be the exclusive means 
 for control of purple loosestrife on designated public waters by 
 the commissioner of natural resources and shall supersede the 
 other provisions for control of noxious weeds set forth 
 elsewhere in this chapter.  The responsibility of the 
 commissioner of natural resources to control and eradicate 
 purple loosestrife on public waters and wetlands located on 
 private lands and the authority to enter upon private lands ends 
 ten days after receipt by the commissioner of a written 
 statement from the landowner that the landowner assumes all 
 responsibility for control and eradication of purple loosestrife 
 under sections 18.78 to 18.88.  State officers, employees, 
 agents, and contractors of the commissioner of natural resources 
 are not liable in a civil action for trespass committed in the 
 discharge of their duties under this section and are not liable 
 to anyone for damages, except for damages arising from gross 
 negligence. 

    HIST: 1992 c 500 s 4 

     18.79 Duties of the commissioner. 

    Subdivision 1.    Enforcement.  The commissioner of 
 agriculture shall administer and enforce sections 18.76 to 18.88.

    Subd. 2.    Authorized agents.  The commissioner shall 
 authorize department of agriculture personnel and may authorize, 
 in writing, county agricultural inspectors to act as agents in 
 the administration and enforcement of sections 18.76 to 18.88.  

    Subd. 3.    Entry upon land.  To administer and enforce 
 sections 18.76 to 18.88, the commissioner, authorized agents of 
 the commissioner, county agricultural inspectors, and local weed 
 inspectors may enter upon land without consent of the owner and 
 without being subject to an action for trespass or any damages.  

    Subd. 4.    Rules.  The commissioner may adopt necessary 
 rules under chapter 14 for the proper enforcement of sections 
 18.76 to 18.88.  

    Subd. 5.    Order for control or eradication of noxious 
 weeds.  The commissioner, a county agricultural inspector, or 
 a local weed inspector may order the control or eradication of 
 noxious weeds on any land within the state.  

    Subd. 6.    Educational programs for control or 
 eradication of noxious weeds.  The commissioner shall conduct 
 education programs considered necessary for weed inspectors in 
 the enforcement of the noxious weed law.  The director of the 
 Minnesota extension service may conduct educational programs for 
 the general public that will aid compliance with the noxious 
 weed law. 

    Subd. 7.    Meetings and reports.  The commissioner 
 shall designate by rule the reports that are required to be made 
 and the meetings that must be attended by weed inspectors.  

    Subd. 8.    Prescribed forms.  The commissioner shall 
 prescribe the forms to be used by weed inspectors in the 
 enforcement of sections 18.76 to 18.88.  

    Subd. 9.    Injunction.  If the commissioner applies to 
 a court for a temporary or permanent injunction restraining a 
 person from violating or continuing to violate sections 18.76 to 
 18.88, the injunction may be issued without requiring a bond.  

    Subd. 10.    Prosecution.  On finding that a person has 
 violated sections 18.76 to 18.88, the commissioner may start 
 court proceedings in the locality in which the violation 
 occurred.  The county attorney may prosecute actions under 
 sections 18.76 to 18.88 within the county attorney's 
 jurisdiction.  

    Subd. 11.    Quarantine.  The commissioner may establish 
 a noxious weed quarantine according to section 18.85 and may 
 hire additional employees and purchase the necessary equipment, 
 supplies, or services to properly carry out the eradication of 
 noxious weeds on quarantined land.  

    Subd. 12.    Noxious-weed-free forage and mulch 
 certification agency.  The official certification agency for 
 noxious-weed-free forage and mulch shall be determined by the 
 commissioner of agriculture in consultation with the director of 
 the Minnesota agricultural experiment station. 

    HIST: 1986 c 444; 1992 c 500 s 5; 1997 c 216 s 27 

     18.80 Inspectors. 

    Subdivision 1.    County agricultural inspectors.  The 
 county board shall appoint one or more county agricultural 
 inspectors 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 annually. 

    Subd. 2.    Local weed inspectors.  The supervisors of 
 each town board and the mayor of each city shall act as local 
 weed inspectors within their respective municipalities.  

    Subd. 3.    Assistant weed inspectors.  A municipality 
 may appoint one or more assistants to act on behalf of the 
 appointing authority as a weed inspector for the municipality.  
 The appointed assistant or assistants have the power, authority, 
 and responsibility of the town board members or the city mayor 
 in the capacity of weed inspector.  

    HIST: 1992 c 500 s 6 

     18.81 Duties of inspectors. 

    Subdivision 1.    County agricultural inspectors.  It is 
 the duty of county agricultural inspectors:  

    (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 requested to do so, subject to 
 veto by the county board; 

    (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; 

    (7) to submit reports and attend meetings that the 
 commissioner requires; and 

    (8) to publish a general weed notice of the legal duty to 
 control noxious weeds in one or more legal newspapers of general 
 circulation throughout the county.  

    Subd. 2.    Local weed inspectors.  Local weed 
 inspectors shall:  

    (1) examine all lands, including highways, roads, alleys, 
 and public ground in the territory over which their jurisdiction 
 extends to ascertain if section 18.78 and related rules have 
 been complied with; 

    (2) see that the control or eradication of noxious weeds is 
 carried out in accordance with section 18.83 and related rules; 

    (3) issue permits in accordance with section 18.82 and 
 related rules for the transportation of materials or equipment 
 infested with noxious weed propagating parts; and 

    (4) submit reports and attend meetings that the 
 commissioner requires. 

    Subd. 3.    Nonperformance by inspectors; reimbursement 
 for expenses.  (a) If local weed inspectors neglect or fail to 
 do their duty as prescribed in this section, the commissioner 
 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. 

    (b) If a county agricultural inspector fails to perform the 
 duties as prescribed in this section, the commissioner shall 
 issue a notice to the inspector providing instructions on how 
 and when to do that duty.  

    (c) The commissioner shall by rule establish procedures to 
 carry out the enforcement actions for nonperformance required by 
 this subdivision. 

    HIST: 1992 c 500 s 7 

     18.82 Transportation of noxious weed propagating parts 
  in infested material or equipment. 

    Subdivision 1.    Permits.  Except as provided in 
 section 21.74, if a person wants to transport along a public 
 highway materials or equipment containing the propagating parts 
 of weeds designated as noxious by the commissioner, the person 
 must secure a written permit for transportation of the material 
 or equipment from a local weed inspector or county agricultural 
 inspector.  Inspectors may issue permits to persons residing or 
 operating within their jurisdiction.  If the noxious weed 
 propagating parts are removed from materials and equipment or 
 devitalized before being transported, a permit is not needed.  

    Subd. 2.    Conditions of permit issuance.  The 
 following conditions must be met before a permit under 
 subdivision 1 may be issued:  

    (1) any material or equipment containing noxious weed 
 propagating parts that is about to be transported along a public 
 highway must be in a container that is sufficiently tight and 
 closed or otherwise covered to prevent the blowing or scattering 
 of the material along the highway or on other lands or water; 
 and 

    (2) the destination for unloading and the use of the 
 material or equipment containing noxious weed propagating parts 
 must be stated on the permit along with the method that will be 
 used to destroy the viability of the propagating parts and 
 thereby prevent their being dumped or scattered upon land or 
 water.  

    Subd. 3.    Duration of permit; revocation.  A permit 
 under subdivision 1 is valid for up to one year after the date 
 it is issued unless otherwise specified by the weed inspector 
 issuing the permit.  The permit may be revoked if a county 
 agricultural inspector or local weed inspector determines that 
 the applicant has not complied with this section.  

    HIST: 1992 c 500 s 8 

     18.83 Controlling or eradicating noxious weeds; notices; 
  expenses. 

    Subdivision 1.    General weed notice.  A general notice 
 for noxious weed control or eradication must be published on or 
 before May 15 of each year and at other times the commissioner 
 directs.  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.  

    Subd. 2.    Individual notice.  A weed inspector may 
 find it necessary to secure more prompt or definite control or 
 eradication of noxious weeds than is accomplished by the 
 published general notice.  In these special or individual 
 instances, involving one or a limited number of persons, the 
 weed inspector having jurisdiction shall serve individual 
 notices in writing upon the person who owns the land and the 
 person who occupies the land, or the person responsible for or 
 charged with the maintenance of public land, giving specific 
 instructions on when and how named noxious weeds are to be 
 controlled or eradicated.  Individual notices provided for in 
 this section must be served in the same manner as a summons in a 
 civil action in the district court or by certified mail.  
 Service on a person living temporarily or permanently outside of 
 the weed inspector's jurisdiction may be made by sending the 
 notice by certified mail to the last known address of the 
 person, to be ascertained, if necessary, from the last tax list 
 in the county treasurer's office.  

    Subd. 3.    Appeal of individual notice; appeal committee. 
  (1) 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 a member of the appeal committee 
 in the county where the land is located within two working days 
 of the time the notice is received.  The committee 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 
 committee agrees or revises the order, the control or 
 eradication specified in the order, as approved or revised by 
 the committee, may be carried out.  

    (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. 

    Subd. 4.    Control or eradication by inspector.  If a 
 person does not comply with an individual notice served on the 
 person or an individual notice cannot be served, the weed 
 inspector having jurisdiction shall have the noxious weeds 
 controlled or eradicated within the time and in the manner the 
 weed inspector designates. 

    Subd. 5.    Control or eradication by inspector in growing 
 crop.  A weed inspector may consider it necessary to control 
 or eradicate noxious weeds along with all or a part of a growing 
 crop to prevent the maturation and spread of noxious weeds 
 within the inspector's jurisdiction.  If this situation exists, 
 the weed inspector may have the noxious weeds controlled or 
 eradicated together with the crop after the appeal committee has 
 reviewed the matter as outlined in subdivision 3 and reported 
 back agreement with the order. 

    Subd. 6.    Authorization for person hired to enter upon 
 land.  The weed inspector may hire a person to control or 
 eradicate noxious weeds if the person who owns the land, the 
 person who occupies the land, or the person responsible for the 
 maintenance of public land has failed to comply with an 
 individual notice or with the published general notice when an 
 individual notice cannot be served.  The person hired must have 
 authorization, in writing, from the weed inspector to enter upon 
 the land.  

    Subd. 7.    Expenses; reimbursements.  A claim for the 
 expense of controlling or eradicating noxious weeds, 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. 

    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.  Each claim for control or eradication of noxious 
 weeds on public lands must first be approved by the commissioner 
 of agriculture.  

    HIST: 1992 c 500 s 9 

     18.84 Liability; appeals. 

    Subdivision 1.    Counties and municipalities.  Counties 
 and municipalities are not liable for damages from the noxious 
 weed control program for actions conducted in accordance with 
 sections 18.76 to 18.88. 

    Subd. 2.    Appeal to county board.  A person who is 
 ordered to control noxious weeds under sections 18.76 to 18.88 
 and is charged for noxious weed control may appeal the cost of 
 noxious weed control to the county board of the county where the 
 noxious weed control measures were undertaken within 30 days 
 after being charged.  The county board shall determine the 
 amount and approve the charge and filing of a lien against the 
 property if it determines that the owner, or occupant if other 
 than the owner, responsible for controlling noxious weeds did 
 not comply with the order of the inspector. 

    Subd. 3.    Court appeal of costs; petition.  (a) A 
 landowner who has appealed the cost of noxious weed control 
 measures under subdivision 2 may petition for judicial review.  
 The petition must be filed within 30 days after the conclusion 
 of the hearing before the county board.  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 commissioner and the county auditor.  No 
 responsive pleadings may be required of the commissioner or the 
 county, and no court fees may be charged for the appearance of 
 the commissioner or the county in this matter. 

    (b) The petition must be captioned in the name of the 
 person making the petition as petitioner and the commissioner of 
 agriculture 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. 

    Subd. 4.    Hearing.  (a) A hearing under subdivisions 3 
 to 5 must be held at the earliest practicable date, and in no 
 event later than 90 days following the filing of the petition of 
 objection.  The hearing must be before a district judge in the 
 county in which the land where the noxious weed control measures 
 were undertaken is located, and must be conducted in accordance 
 with the district court rules of civil procedure. 

    (b) The court shall either order that a lien representing 
 part or all of the costs for noxious weed control measures be 
 imposed against the land or that the landowner be relieved of 
 responsibility for payment of noxious weed control measures 
 undertaken. 

    Subd. 5.    Further appeal.  A party aggrieved by the 
 decision of the reviewing court may appeal the decision as 
 provided in the rules of appellate procedure. 

    HIST: 1992 c 500 s 10 

     18.85 Noxious weed quarantine. 

    Subdivision 1.    Need for quarantine.  If there is an 
 infestation of noxious weeds beyond the ability of the person 
 who owns or occupies the land to eradicate it, the commissioner 
 may, upon request of the person who owns the land or on the 
 commissioner's own initiative, take necessary steps to prevent 
 the further spread of the weed.  To this end, the commissioner 
 may quarantine a tract of land that is infested and put into 
 operation the necessary means for the eradication of the weed; 
 provided that the county and municipality in which the land is 
 located must approve of the quarantine before it can be 
 initiated. 

    Subd. 2.    Notice of quarantine.  The commissioner, 
 upon entering a tract of land for the purpose of this section, 
 shall notify in writing the persons who own or occupy the land 
 of the entry and quarantine.  If the necessary means of 
 eradication have been completed, the commissioner shall notify, 
 in writing, the persons who own or occupy the land that the 
 quarantine effort is complete.  

    Subd. 3.    Expenses.  The expenses for eradication of 
 noxious weeds on quarantined land must be paid by the 
 commissioner from the funds provided for this purpose.  

    Counties, municipalities, and owners or occupants must 
 reimburse the commissioner before January 1 of each year.  The 
 county shall pay 20 percent of the expenses, the municipality 
 shall pay ten percent, and the owner or occupant shall pay ten 
 percent. 

    HIST: 1992 c 500 s 11 

     18.86 Unlawful acts. 

    No person may:  

    (1) hinder or obstruct in any way the commissioner, the 
 commissioner's authorized agents, county agricultural 
 inspectors, or local weed inspectors in the performance of their 
 duties as provided in sections 18.76 to 18.88 or related rules; 

    (2) neglect, fail, or refuse to comply with section 18.82 
 or related rules in the transportation and use of material or 
 equipment infested with noxious weed propagating parts; 

    (3) sell material containing noxious weed propagating parts 
 to a person who does not have a permit to transport that 
 material or to a person who does not have a screenings permit 
 issued in accordance with section 21.74; or 

    (4) neglect, fail, or refuse to comply with a general 
 notice or an individual notice to control or eradicate noxious 
 weeds.  

    HIST: 1992 c 500 s 12 

     18.87 Penalty. 

    A violation of section 18.86 or a rule adopted under that 
 section is a misdemeanor.  County agricultural inspectors, local 
 weed inspectors, 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 
 18.88. 

    HIST: 1992 c 500 s 13 

     18.88 Noxious weed program funding. 

    Subdivision 1.    County.  The county board shall pay, 
 from the general revenue or other fund for the county, the 
 expenses for the county agricultural inspector position, for 
 noxious weed control or eradication on all land owned by the 
 county or on land that the county is responsible for the 
 maintenance of, for the expenses of the appeal committee, and 
 for necessary expenses as required for quarantines within the 
 county. 

    Subd. 2.    Municipality.  The municipality shall pay, 
 from the general revenue or other fund for the municipality, the 
 necessary expenses of the local weed inspector in the 
 performance of duties required for quarantines within the 
 municipality, and for noxious weed control or eradication on 
 land owned by the municipality or on land for which the 
 municipality is responsible for its maintenance. 

    HIST: 1992 c 500 s 14