View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0594...............................................by AGRICULTURAL AFFAIRS NOXIOUS WEEDS - Amends existing law relating to noxious weeds to revise the duties and authorized powers of the Director of the Department of Agriculture relating to noxious weeds; to revise the duties of counties relating to noxious weeds; to revise provisions relating to the purposes of noxious weed control as it relates to landowners and citizens; to provide and revise penalty provisions for violations; and to provide that the control of noxious aquatic plants may be carried out under the general supervision of public bodies. 02/09 House intro - 1st rdg - to printing 02/10 Rpt prt - to Agric Aff 02/23 Rpt out - rec d/p - to 2nd rdg 02/24 2nd rdg - to 3rd rdg 03/01 3rd rdg - PASSED - 65-5-0 AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Martinez, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- Barrett, Loertscher, Mathews, Rydalch, Sali(Sali) Absent and excused -- None Floor Sponsor - Bolz Title apvd - to Senate 03/02 Senate intro - 1st rdg - to Agric Aff 03/17 Rpt out - rec d/p - to 2nd rdg 03/20 2nd rdg - to 3rd rdg 03/22 3rd rdg - PASSED - 34-1-0 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett(Clark), Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Werk, Williams NAYS -- Sweet Absent and excused -- None Floor Sponsor - Corder Title apvd - to House 03/23 To enrol 03/24 Rpt enrol - Sp signed 03/27 Pres signed 03/28 To Governor 03/30 Governor signed Session Law Chapter 225 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 594 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO NOXIOUS WEEDS; AMENDING SECTION 22-2402, IDAHO CODE, TO DEFINE 3 TERMS AND TO REVISE DEFINITIONS; AMENDING SECTION 22-2403, IDAHO CODE, TO 4 MAKE TECHNICAL CORRECTIONS AND TO REVISE THE DUTIES OF THE DIRECTOR OF THE 5 DEPARTMENT OF AGRICULTURE RELATING TO NOXIOUS WEEDS; AMENDING SECTION 6 22-2404, IDAHO CODE, TO REVISE THE DIRECTOR'S AUTHORIZED POWERS RELATING 7 TO NOXIOUS WEEDS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 8 22-2405, IDAHO CODE, TO REVISE THE DUTIES OF COUNTIES RELATING TO NOXIOUS 9 WEEDS; AMENDING SECTION 22-2407, IDAHO CODE, TO REVISE PROVISIONS RELATING 10 TO THE PURPOSES OF NOXIOUS WEED CONTROL AS IT REGARDS LANDOWNERS AND CITI- 11 ZENS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 22-2409, IDAHO 12 CODE, TO PROVIDE AND REVISE PENALTY PROVISIONS FOR VIOLATIONS; AND AMEND- 13 ING SECTION 22-2411, IDAHO CODE, TO PROVIDE THAT THE CONTROL OF NOXIOUS 14 AQUATIC PLANTS MAY BE CARRIED OUT UNDER THE GENERAL SUPERVISION OF PUBLIC 15 BODIES. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Section 22-2402, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 22-2402. DEFINITIONS. As used in this chapter: 20 (1) "Agency" means: 21 (a) In the case of the federal government, any authority which exercises 22 administrative control over defined areas of federal lands within the 23 state of Idaho; 24 (b) In the case of the state of Idaho, any department, board, commission, 25 or institution; 26 (c) In the case of local government, cities, counties and any legal sub- 27 divisions thereof, drainage districts, irrigation districts, canal compa- 28 nies, highway districts, or any special taxing district. 29 (2) "Applicable fund or account" means: 30 (a) In the case of the state of Idaho, the noxious weed account, which is 31 hereby created and established in the dedicated fund and which shall be 32 used exclusively for the purposes prescribed by this chapter; 33 (b) In each county, the noxious weed fund, which is hereby created and 34 established and shall be maintained in each county and which shall be used 35 exclusively for the purposes prescribed by this chapter. 36 (3) "Aquatic plant" means any plant growing in, or closely associated 37 with, the aquatic environment and includes, but is not limited to, riparian 38 plants. 39 (4) "Containment" means halting the spread of a weed infestation beyond 40 specified boundaries. 41 (5) "Control" means any or all of the following: prevention, rehabilita- 42 tion, eradication or modified treatments. 43 (46) "Control authority" means: 2 1 (a) On the state level, the director of the department of agriculture; 2 (b) On the county level, the board of county commissioners. 3 (57) "Cooperative weed management area (CWMA)" means a distinguishable 4 hydrologic, vegetative or geographic zone based upon geography, weed infesta- 5 tions, climate or human-use patterns. Cooperative weed management areas may be 6 composed of a portion of a county, a county, portions of several counties, or 7 portions of one (1) or more states. 8 (68) "Department" means the Idaho department of agriculture. 9 (79) "Director" means the director of the department of agriculture or 10 the director's designated agent. 11 (810) "Eradication" means thecompleteelimination ofall above-ground12plant growth of a targeta noxious weedspecies for a period of two (2) years13 based on absence as determined by a visual inspection by the control authority 14 during the current growing season. 15 (911) "Integrated weed management plan (IWMP)" means a plan developed to 16 manage, control or eradicate a noxious weed(s) from a cooperative weed manage- 17 ment area or other weed management area. Integrated weed management strategies 18 may include, but are not limited to, prevention, cultural, mechanical, chemi- 19 cal and biological methods. 20 (102) "Land" means all soil or water or other growing medium. 21 (113) "Landowner" means: 22 (a) The person who holds legal title to the land, except that portion for 23 which another person has the right to exclude others from possession of 24 the parcel; or 25 (b) A person with an interest in a parcel of land such that the person 26 has the right to exclude others from possession of the parcel. 27 (14) "Modified treatment" means treatment specified in an integrated weed 28 management plan. 29 (125) "Noxious weed" means any plant having the potential to cause injury 30 to public health, crops, livestock, land or other property; and which is des- 31 ignated as noxious by the director. 32 (136) "Person" means any individual, partnership, firm, agency, corpora- 33 tion, company, society or association. 34 (147) "Prevention" means: 35 (a) Aany action that reduces the potential for the introduction or estab- 36 lishment of a plant species in areas not currently infested with that spe- 37 cies; or 38 (b) Any action that deters the spread of noxious weeds. 39 (158) "Quarantine" means the regulation of the production, movement, or 40 existence of plants, plant products, animals, animal products, or any other 41 article or material, or the normal activity of persons, to prevent or limit 42 introduction or spread of noxious weeds. 43 (169)"Restoration""Rehabilitation" means the process of reconditioning 44 formerly weed infested land to a productive or desirable condition. 45 (20) "Riparian" means the green, vegetated areas along the edge of water 46 bodies like rivers, creeks, canals, lakes, springs, sloughs, potholes and wet- 47 lands. They are the transition zone between upland and aquatic ecosystems. 48 Underlying saturated soil is a key feature in riparian areas. 49(17) "Special management zone" is an area wherein specific requirements of50this chapter may be modified.51 (1821) "State noxious weed advisory committee" means an advisory committee 52 appointed by the director to advise and to assist in development, modification 53 and direction of a statewide noxious weed management strategy. 54 (22) "Waters" means all the accumulations of water, surface and under- 55 ground, natural and artificial, public and private, or parts thereof which are 3 1 wholly or partially within, which flow through, or which border upon the 2 state. 3(19) "Weed control" means any or all of the following: prevention, restor-4ation, eradication, or modified treatments specified in a special management5zone.6 (203) "Weed control advisory committee" means a committee established by 7 weed control agencies or authorities, at the county level, or a steering com- 8 mittee of a cooperative weed management area, to develop and to recommend 9 implementation of integrated weed management plans and strategies. 10 SECTION 2. That Section 22-2403, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 22-2403. ENFORCEMENT OF CHAPTER VESTED IN DIRECTOR -- STATE DUTIES. (1) 13 The duty of enforcing this chapter and carrying out its provisions is vested 14 in the director. 15 (2) The director shall: 16 (a) Determine what weeds are noxious for the purposes of this chapter; 17 and 18 (b) Compile and keep current a list of such noxious weeds or group of 19 noxious weeds, which list shall be published and incorporated in the rules 20and regulationsof the director; and 21 (c) Make and publish such rulesand regulationsas in the director's 22 judgment are necessary to carry out the provisions of this chapter; and 23 (d) Employ a statewide weed coordinator to carry out the director's 24 duties and responsibilities; and 25 (e) Publish a list of items capable of disseminating noxious weeds, and 26 designate treatment of such articles as in the director's opinion would 27 prevent such dissemination; and 28 (f)Consult with affected county control authorities before establishing29a special management zone; and30(g)Consult and coordinate with other weed management agencies and 31 authorities in the designation and development of cooperative weed manage- 32 ment areas and development and implementation of integrated weed manage- 33 ment plans; and 34 (g) Assist all landowners, managers and lessees in the state of Idaho, 35 including, but not limited to, all state natural resource management agen- 36 cies, state water resource management entities, as well as public and pri- 37 vate land management firms and private landowners, in coping with the 38 growth of noxious weeds, including noxious aquatic weeds. 39 SECTION 3. That Section 22-2404, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 22-2404. STATE POWERS. (1) The director is authorized to: 42 (a) Investigate the subject of noxious weeds; and 43 (b) Require information, annual work plans and reports from each county 44 and from each state agency as to the presence of noxious weeds and other 45 information relative to noxious weeds and the control thereof; and 46 (c) To cooperate with agencies and persons in carrying out the 47 director's duties under this chapter, and to conduct matters outside this 48 state in the interest of state noxious weed control; and 49 (d) Advise and confer as to the extent of noxious weed infestations and 50 the methods of control; and 51 (e)Establish minimum requirements and proficiencyAssist counties in the 4 1 training of county weed superintendents; and 2 (f) Call and attend meetings and conferences dealing with the subject of 3 noxious weeds; and 4 (g) Disseminate information and conduct educational campaigns indepen- 5 dently or in cooperation with others; and 6 (h) Appoint a state noxious weed advisory committee, as provided by sec- 7 tion 22-103, Idaho Code, to aid in the development and implementation of a 8 statewide noxious weed management strategy, aid in evaluation of cost 9 share projects and research proposals, and advise the director on matters 10 pertaining to the state noxious weed program; and 11 (i) Procure materials and equipment; and 12 (j) Inspect and certify Idaho crops and imports and exports to verify 13 freedom from noxious weeds, and authorize others to conduct such inspec- 14 tions and certification; and 15 (k) Enter on any public or private land at reasonable times for the pur- 16 pose of carrying out the provisions of this chapter; and 17 (l) Apply to any court of competent jurisdiction for a search warrant 18 authorizing access to any land where access was denied and sought for the 19 purposes set forth in this chapter. The court may, upon such application, 20 issue the search warrant for the purposes requested; and 21 (m) Perform such other acts as may be necessary or appropriate to the 22 administration of the provisions of this chapter; and 23 (n) Cooperate with the federal government or any established agency 24 thereof in any program of noxious weed control which shall be deemed 25 advisable for the welfare of the people of the state of Idaho, accept any 26 advisable program and make any necessaryregulationsrules which are not 27 in contradiction to the purposes of this chapter; and 28 (o) Accept any gift, grant, contract or other funds, or grants-in-aid 29 from the federal government or other entities for noxious weed control 30 purposes and account for such moneys as prescribed by the state control- 31 ler, and all such funds are hereby appropriated to the purpose for which 32 they are received; and 33 (p) Initiate agreements with federal agencies in accordance with applica- 34 ble federal laws; and 35 (q) Control noxious weeds on federal land within the state, with or with- 36 out reimbursement, and with the consent of the federal agency involved; 37 and 38 (r) Take any appropriate action necessary to control or quarantine nox- 39 ious weed infestations whenever an actual or potential emergency situation 40 exists concerning noxious weed infestations anywhere in the state; and 41 (s)Permit modification of specific noxious weed control requirements in42certain areas, after consulting with the county control authority and des-43ignating the area as a special management zone; and44(t)Initiate cooperative agreements with other agencies and states for 45 the establishment and support of cooperative weed management areas; and 46 (ut) Aid other weed control agencies or authorities in developing and 47 implementing integrated weed management plans for control of noxious 48 weeds; and 49 (vu) Temporarily designate a weed as noxious for up to fifteen (15) 50 months, after publication in a newspaper of general circulation serving 51 the area of infestation; and 52 (wv) Authorize the issuance of deficiency warrants for the purposes of 53 defraying excess costs for the control of noxious weeds for emergency sit- 54 uations, in the event the actual cost for the control of noxious weeds in 55 any one (1) year exceeds the appropriations made for that purpose. When so 5 1 authorized the state controller shall draw deficiency warrants against the 2 general account. 3 (2) If at any time the director determines that the county commissioners 4 have failed to cooperate or carry out their duties and responsibilities as a 5 control authority, the director shall notify them of the deficiency, and sug- 6 gest corrective action. If the situation is not satisfactorily corrected 7 within seven (7) days after the time outlined in the director's corrective 8 action plan, the director shall initiate appropriate action and charge to the 9 county all expenses including the hiring of necessary labor and equipment. 10 Quarantine of specific crops or potential noxious weed propagating activities 11 may be a part of the control program. 12 SECTION 4. That Section 22-2405, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 22-2405. COUNTY DUTIES. (1) The county control authority shall: 15 (a) Carry out the duties and responsibilities vested in the county under 16 this chapter and rules prescribed by the director; and 17 (b) Establish and maintain a coordinated program for control of noxious 18 weeds in the county; employ a county weed superintendent, who may be a 19 superintendent for more than one (1) county and who shall be qualified to 20 detect and treat noxious weeds; and 21 (c) Designate one (1) of its members as the liaison between the county 22 weed superintendent and the county commissioners; and 23 (d) Provide operational and educational funds for the county weed super- 24 intendent; and 25 (e) Be authorized to initiate cooperative agreements with other agencies 26 or counties for the designation of or participation in cooperative weed 27 management areas for control of noxious weeds. 28 (2) A general notice for control of noxious weeds shall be published 29 between March 1 and April 30, in a newspaper of general circulation within the 30 county. The notice shall contain the list of noxious weeds and identify those 31 known to be in the county, and shall stipulate the obligation to control. 32 Failure to publish the notice for control or serve individual notices herein 33 provided does not relieve any person from full compliance with this chapter 34 thereunder. In all cases said published notice shall be deemed legal and suf- 35 ficient notice. 36 (3) Whenever any county finds it necessary to secure more prompt or defi- 37 nite control of noxious weeds than is accomplished by the general notice, it 38 shall cause individual notices on a form prescribed by the director to be 39 served upon the landowner and where possible on the operator of the land giv- 40 ing specific instructions when and how certain named noxious weeds are to be 41 controlled. The individual notice shall also contain information concerning 42 the right to appeal pursuant to section 22-2408, Idaho Code. Individual 43 notices shall be applicable only to the current growing season. 44 (4) Whenever the landowner of any nonfederal land or nonfederally admin- 45 istered land on which noxious weeds are present has neglected or failed to 46 initiate control as required pursuant to this chapter within five (5) working 47 days from receipt of an individual notice given pursuant to this section, the 48 county having jurisdiction shall have proper control methods used on such 49 land, including necessary destruction of crops, and shall advise the landowner 50 of the cost incurred in connection with such operation. The cost of any such 51 control shall be at the expense of the landowner. If the costs have not been 52 paid to the control authority within sixty (60) days, the control authority 53 may direct that suit be brought in a court of competent jurisdiction for the 6 1 unpaid charges. On private lands, if unpaid for sixty (60) days or longer the 2 amount of such expense shall become a lien upon the property; and thereafter 3 the lien shall be subject to collection by the county by sale of the property 4 in the same manner as for delinquent taxes. Nothing contained in this section 5 shall be construed to require satisfaction of the imposed obligation by the 6 sale of property or to bar the application of any other available remedy. 7 (5) Amounts collected under the provisions of this section shall be 8 deposited to the noxious weed fund of the county and shall be accounted for as 9 prescribed by the county auditor. Disbursements from the noxious weed fund 10 shall be made only for noxious weed control purposes. 11 (6) The county weed superintendent shall: 12 (a) Examine all land within the county for the purpose of determining 13 whether the provisions of this chapter and rules of the director have been 14 complied with; and 15 (b) Compile data and submit reports as the director or county may 16 require; and 17 (c) Implement enforcement action as outlined in this chapter; and 18 (d) Consult, advise and provide direction on matters pertaining to the 19 most effective and most practical methods of noxious weed control; and 20 (e) Investigate or aid in the investigation and prosecution of any viola- 21 tion of the provisions of this chapter; and 22 (f)Meet certification requirements as prescribed by the regulations of23the director; and24(g) Make recommendations regarding establishment of special management25zones; and26(h)Make recommendations regarding establishment of cooperative weed man- 27 agement areas; and 28 (ig) Participate on weed control advisory committees to develop and 29 implement noxious weed control strategies for cooperative weed management 30 areas, at the discretion of the county weed control authority. 31 SECTION 5. That Section 22-2407, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 22-2407. LANDOWNER AND CITIZEN DUTIES. (1) It shall be the duty and 34 responsibility of all landowners to control noxious weeds on their land and 35 property, in accordance with this chapter and with rulesand regulationspro- 36 mulgated by the director. 37 (2) The cost of controlling noxious weeds shall be the obligation of the 38 landowner. 39 (3) Noxious weed control must be for prevention, eradication,or restora-40tionrehabilitation, control or containment efforts. However, areas may be 41 modified from the eradication requirementafter the director has determined42them to be unreasonable for short-term eradication and has designated the area43as a special management zoneif the landowner is a participant in a county- 44 approved weed management plan or county-approved cooperative weed management 45 area. 46 (4) The landowner shall reimburse the county control authority for work 47 done because of failure to comply with a five (5) day notice, as outlined in 48 section 22-2405, Idaho Code. 49 (5) If an article is infested with noxious weeds, it shall not be moved 50 from designated premises until it is treated in accordance with the applicable 51regulationsrules, or in accordance with the written permission of a control 52 authority. 7 1 SECTION 6. That Section 22-2409, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 22-2409. PENALTIES FOR VIOLATIONS.-- PENALTIES.(1) Any personknowing4of the existence of any noxious weeds on lands owned or controlled by him, who5fails to control such weeds in accordance with this chapter or any person who6intrudes upon any land under quarantine or who moves or causes to be moved any7article covered by this chapter except as provided or who prevents or threat-8ens to prevent entry upon land as provided in this chapter, or who interferes9with the carrying out of the provisions of this chapter or who violates any of10the provisions of this chapter, shall be guilty of a misdemeanor and shall be11subject to a fine not to exceed one thousand dollars ($1,000) or up to one (1)12year in jail or both such fine and imprisonment for each violationwho vio- 13 lates any provision of this chapter, or any rules promulgated hereunder for 14 carrying out the provisions of this chapter, or who fails or refuses to comply 15 with any requirements herein specified, or who interferes with the control 16 authority as defined in section 22-2402, Idaho Code, its agents or employees, 17 in the execution, or on account of the execution of their duties under this 18 chapter or rules promulgated hereunder, shall be guilty of a misdemeanor and 19 upon conviction thereof, shall be fined not more than three thousand dollars 20 ($3,000) or be imprisoned in a county jail for not more than twelve (12) 21 months or be subject to both such fine and imprisonment. 22 (2) Any person who violates or fails to comply with any provision of this 23 chapter or any rules promulgated hereunder may be assessed a civil penalty by 24 the control authority of not more than ten thousand dollars ($10,000) for each 25 offense and shall be liable for reasonable attorney's fees. 26 (a) Assessment of a civil penalty may be made in conjunction with any 27 other administrative action. 28 (b) No civil penalty may be assessed unless the person charged was given 29 notice and opportunity for a hearing pursuant to the Idaho administrative 30 procedure act. 31 (c) If the control authority is unable to collect such penalty or if any 32 person fails to pay all or a set portion of the civil penalty as deter- 33 mined by the control authority, it may recover such amount by action in 34 the appropriate district court. 35 (d) Any person against whom the control authority has assessed a civil 36 penalty under the provisions of this section may, within thirty (30) days 37 of the final action by the control authority making the assessment, appeal 38 the assessment to the district court of the county in which the violation 39 is alleged by the control authority to have occurred. 40 (e) All civil penalties collected pursuant to this section shall be 41 remitted to the applicable fund or account as defined in section 22-2402, 42 Idaho Code. 43 (3) Nothing in this chapter shall be construed as requiring the control 44 authority to report minor violations for prosecution when the control author- 45 ity believes that the public interest will be best served by suitable warnings 46 or other administrative action. 47 (4) Thedirector or acontrol authority may bring an action to enforce 48 the provisions of this chapter, and the penalty provided for under this sec- 49 tion. 50 SECTION 7. That Section 22-2411, Idaho Code, be, and the same is hereby 51 amended to read as follows: 52 22-2411. DELEGATION OF AUTHORITY. The director of the department of agri- 8 1 culture may delegate in writing its authority, or any part thereof, under this 2 chapter to any instrumentality or entity as an agent and servant of the state 3 whose principal purpose is to establish and maintain a uniform and reasonable 4 system of inspection and certification of crops, plants, plant parts or prod- 5 ucts thereof. Any agent designated hereunder shall be a servant of the state 6 of Idaho and shall be acting in an official capacity for the state of Idaho 7 and under the supervision of the director consistent with this chapter. The 8 delegated instrumentality or entity as agent and servant of the state shall be 9 an entity of the state of Idaho as provided in the tort claims act, chapter 9, 10 title 6, Idaho Code. The control of noxious aquatic plants in the waters of 11 state responsibility may be carried out under the general supervision of the 12 department, county, local government, special district authority, or other 13 public body.
STATEMENT OF PURPOSE RS 15750C1 The current Noxious Weed Law needs to be updated to address new plant species that have been found in Idaho and surrounding states, and to more effectively deal with existing species with potential for out-of-control infestations that can adversely impact Idaho lands and waters. Proposed changes will provide clarification to the existing law by adding and defining new terms, removing obsolete language, and making available "more tools in the toolbox" for county and state weed control entities to effectively enforce the law. FISCAL NOTE There is no fiscal impact to the General Fund or to local government funds. In rare instances it may be necessary to assess civil penalties against violators; any moneys recovered through this process would be deposited to the appropriate state or county weed fund. CONTACT Name: Matthew Voile Agency: Agriculture, Dept. of Phone: (208) 332-8667 STATEMENT OF PURPOSE/FISCAL NOTE H 594