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S1042aa.............................................by AGRICULTURAL AFFAIRS
NOXIOUS WEEDS - SUBDIVISIONS - Adds to existing law to require the
submission of a signed certificate of acknowledgment upon filing of
subdivision plats; and to provide that titles shall not be invalidated for
noncompliance.
01/30 Senate intro - 1st rdg - to printing
01/31 Rpt prt - to Agric Aff
02/13 Rpt out - rec d/p - to 2nd rdg
02/14 2nd rdg - to 3rd rdg
02/20 To 14th Ord
02/22 Rpt out amen - to engros
02/23 Rpt engros - 1st rdg - to 2nd rdg as amen
02/26 2nd rdg - to 3rd rdg as amen
03/05 3rd rdg as amen - PASSED - 32-0-3
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
Frasure, Geddes, Goedde, Ingram, Ipsen, King-Barrutia, Lee, Lodge,
Noh, Richardson, Risch, Sandy, Schroeder, Sims, Stegner, Stennett,
Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Hawkins, Keough, Sorensen
Floor Sponsor -- Stennett
Title apvd - to House
03/06 House intro - 1st rdg - to Agric Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1042
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO NOXIOUS WEED MANAGEMENT; AMENDING SECTION 22-2405, IDAHO CODE, TO
3 PROVIDE THAT THE COUNTY CONTROL AUTHORITY SHALL REVIEW AND APPROVE NOXIOUS
4 WEED MANAGEMENT PLANS; AND AMENDING CHAPTER 13, TITLE 50, IDAHO CODE, BY
5 THE ADDITION OF A NEW SECTION 50-1335, IDAHO CODE, TO REQUIRE THE SUBMIS-
6 SION OF AN APPROVED NOXIOUS WEED MANAGEMENT PLAN UPON FILING OF SUBDIVI-
7 SION PLATS, TO PROVIDE FOR REVIEW AND APPROVAL OF PLANS BY THE COUNTY CON-
8 TROL AUTHORITY, TO PROVIDE FOR NOTICE OF COMPLIANCE AND TO PROVIDE THAT
9 TITLES SHALL NOT BE INVALIDATED FOR NONCOMPLIANCE.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 22-2405, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 22-2405. COUNTY DUTIES. (1) The county control authority shall:
14 (a) Carry out the duties and responsibilities vested in the county under
15 this chapter, section 50-1335, Idaho Code, and rules prescribed by the
16 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.
2
1 (4) Whenever the landowner of any nonfederal land on which noxious weeds
2 are present has neglected or failed to initiate control as required pursuant
3 to this chapter within five (5) working days from receipt of an individual
4 notice given pursuant to this section, the county having jurisdiction shall
5 have proper control methods used on such land, including necessary destruction
6 of crops, and shall advise the landowner of the cost incurred in connection
7 with such operation. The cost of any such control shall be at the expense of
8 the landowner. If the costs have not been paid to the control authority within
9 sixty (60) days, the control authority may direct that suit be brought in a
10 court of competent jurisdiction for the unpaid charges. On private lands, if
11 unpaid for sixty (60) days or longer the amount of such expense shall become a
12 lien upon the property; and thereafter the lien shall be subject to collection
13 by the county by sale of the property in the same manner as for delinquent
14 taxes. Nothing contained in this section shall be construed to require satis-
15 faction of the imposed obligation by the sale of property or to bar the appli-
16 cation of any other available remedy.
17 (5) Amounts collected under the provisions of this section shall be
18 deposited to the noxious weed fund of the county and shall be accounted for as
19 prescribed by the county auditor. Disbursements from the noxious weed fund
20 shall be made only for noxious weed control purposes.
21 (6) The county weed superintendent shall:
22 (a) Examine all land within the county for the purpose of determining
23 whether the provisions of this chapter and rules of the director have been
24 complied with; and
25 (b) Compile data and submit reports as the director or county may
26 require; and
27 (c) Implement enforcement action as outlined in this chapter; and
28 (d) Consult, advise and provide direction on matters pertaining to the
29 most effective and most practical methods of noxious weed control; and
30 (e) Investigate or aid in the investigation and prosecution of any viola-
31 tion of the provisions of this chapter; and
32 (f) Meet certification requirements as prescribed by the regulations of
33 the director; and
34 (g) Make recommendations regarding establishment of special management
35 zones; and
36 (h) Make recommendations regarding establishment of cooperative weed man-
37 agement areas; and
38 (i) Participate on weed control advisory committees to develop and imple-
39 ment noxious weed control strategies for cooperative weed management
40 areas, at the discretion of the county weed control authority.
41 SECTION 2. That Chapter 13, Title 50, Idaho Code, be, and the same is
42 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
43 ignated as Section 50-1335, Idaho Code, and to read as follows:
44 50-1335. NOXIOUS WEED MANAGEMENT PLANS -- SUBMISSION OF PLANS TO THE
45 COUNTY CONTROL AUTHORITY -- RECORDING OF PLATS -- TITLE UNAFFECTED. (1) Any
46 plat of a subdivision filed in accordance with chapter 13, title 50, Idaho
47 Code, or in accordance with county ordinances adopted pursuant to chapter 38,
48 title 31, Idaho Code, shall include, if noxious weeds as defined in section
49 22-2402, Idaho Code, are present on any such plats, a noxious weed management
50 plan which has been approved by the county control authority as defined in
51 section 22-2402, Idaho Code.
52 (2) Pursuant to the provisions of subsection (1) of this section, prior
53 to filing any plat of a subdivision the owner shall submit to the county con-
3
1 trol authority a proposed noxious weed management plan for the subdivision.
2 The county control authority shall review such plan, in accordance with the
3 authority provided in section 22-2405, Idaho Code, to determine its confor-
4 mance with the requirements of chapter 24, title 22, Idaho Code. Until the
5 county control authority has approved the noxious weed management plan submit-
6 ted, or deems such a plan unnecessary, no person may offer for recording, or
7 cause to be recorded, a plat of a subdivision.
8 (3) Upon approval by the county control authority of a noxious weed man-
9 agement plan, or upon certification by the county control authority that such
10 a plan is unnecessary, there shall be placed upon the face of every plat prior
11 to it being recorded by the county clerk and recorder that such plats are in
12 compliance with the provisions of this section.
13 (4) The filing and recording of a plat which does not comply with the
14 provisions of this section shall in no way invalidate a title conveyed there-
15 under.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Stennett
Seconded by Sandy
IN THE SENATE
SENATE AMENDMENTS TO S.B. NO. 1042
1 AMENDMENTS TO SECTION 2
2 On page 2, in line 44, delete "NOXIOUS WEED MANAGEMENT PLANS -- SUBMISSION
3 OF PLANS TO THE"; in line 45, delete "COUNTY CONTROL AUTHORITY -- RECORDING OF
4 PLATS --" and insert: "CERTIFICATES OF ACKNOWLEDGMENT --"; in line 48, delete
5 ", if noxious weeds as defined in section" and insert: "a signed certificate
6 of acknowledgment, the form of which shall be determined by rule by the direc-
7 tor of the department of agriculture and shall include a summary of the provi-
8 sions of chapter 24, title 22, Idaho Code."; and delete lines 49 through 53.
9 On page 3, delete lines 1 through 12; and in line 13, delete "(4)" and
10 insert: "(2)".
11 AMENDMENT TO THE BILL
12 On page 1 of the printed bill, delete lines 11 through 43; and on page 2,
13 delete lines 1 through 40; and in line 41, delete "SECTION 2" and insert:
14 "SECTION 1".
15 CORRECTIONS TO TITLE
16 On page 1, in line 2, delete "AMENDING SECTION 22-2405, IDAHO CODE, TO";
17 delete line 3; in line 4, delete "WEED MANAGEMENT PLANS; AND"; in line 6,
18 delete "AN APPROVED NOXIOUS WEED MANAGEMENT PLAN" and insert: "A SIGNED CER-
19 TIFICATE OF ACKNOWLEDGMENT"; in line 7, delete ", TO PROVIDE FOR REVIEW AND
20 APPROVAL OF PLANS BY THE COUNTY CON-"; and in line 8, delete "TROL AUTHORITY,
21 TO PROVIDE FOR NOTICE OF COMPLIANCE".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1042, As Amended
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO NOXIOUS WEED MANAGEMENT; AMENDING CHAPTER 13, TITLE 50, IDAHO
3 CODE, BY THE ADDITION OF A NEW SECTION 50-1335, IDAHO CODE, TO REQUIRE THE
4 SUBMISSION OF A SIGNED CERTIFICATE OF ACKNOWLEDGMENT UPON FILING OF SUBDI-
5 VISION PLATS AND TO PROVIDE THAT TITLES SHALL NOT BE INVALIDATED FOR NON-
6 COMPLIANCE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 13, Title 50, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 50-1335, Idaho Code, and to read as follows:
11 50-1335. CERTIFICATES OF ACKNOWLEDGMENT -- TITLE UNAFFECTED. (1) Any plat
12 of a subdivision filed in accordance with chapter 13, title 50, Idaho Code, or
13 in accordance with county ordinances adopted pursuant to chapter 38, title 31,
14 Idaho Code, shall include a signed certificate of acknowledgment, the form of
15 which shall be determined by rule by the director of the department of agri-
16 culture and shall include a summary of the provisions of chapter 24, title 22,
17 Idaho Code.
18 (2) The filing and recording of a plat which does not comply with the
19 provisions of this section shall in no way invalidate a title conveyed there-
20 under.
STATEMENT OF PURPOSE
RS10811
The Board of County Commissioners acting as the county
control authority will assure that a certificate of
acknowledgment describing the provisions of Section 22, Chapter
24 of Idaho Code, the state noxious weed law, be submitted and
recorded on the plat of any new subdivision before being approved
by the local county planning and zoning or other applicable
planning authorities.
FISCAL NOTE
NONE
Contact: Sen. Clint Stennett
Phone: (208) 332—1351
REVISED REVISED REVISED REVISED REVISED REVISED
STATEMENT OF PURPOSE/ FISCAL NOTE S 1042