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H0197...............................................by AGRICULTURAL AFFAIRS
COOPERATIVE WEED MANAGEMENT AREAS - Amends existing law to provide
authority for the director of the Department of Agriculture to consult and
coordinate with other weed management agencies in development and
implementation of cooperative weed management areas.
02/09 House intro - 1st rdg - to printing
02/10 Rpt prt - to Agric Aff
02/17 Rpt out - rec d/p - to 2nd rdg
02/18 2nd rdg - to 3rd rdg
02/19 3rd rdg - PASSED - 59-1-10
AYES -- Barraclough, Barrett, Bell, Bieter, Black, Bruneel,
Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hammond,
Hansen(23), Henbest, Hornbeck, Jaquet, Judd, Kellogg, Kempton, Kunz,
Lake, Limbaugh, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer,
Sellman, Smylie, Stevenson, Stoicheff, Stone, Taylor(Taylor), Tilman,
Tippets, Watson, Wheeler, Williams, Wood, Zimmermann, Mr Speaker
NAYS -- Kendell
Absent and excused -- Alltus, Boe, Geddes, Hansen(29), Jones,
Linford, Loertscher, Pischner, Smith, Trail
Floor Sponsor - Chase
Title apvd - to Senate
02/22 Senate intro - 1st rdg - to Agric Aff
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Keough, King, Lee, McLaughlin, Noh, Richardson,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Ipsen, Parry
Floor Sponsor - Geddes
Title apvd - to House
03/10 To enrol
03/11 Rpt enrol - Sp signed
03/12 Pres signed
03/15 To Governor
03/17 Governor signed
Session Law Chapter 75
Effective: 07/01/99
H0197|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 197 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO NOXIOUS WEEDS; AMENDING SECTION 22-2402, IDAHO CODE, TO ADD NEW 3 DEFINITIONS; AMENDING SECTION 22-2403, IDAHO CODE, TO PROVIDE AUTHORITY 4 FOR THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE TO CONSULT AND COORDI- 5 NATE WITH OTHER WEED MANAGEMENT AGENCIES IN DEVELOPMENT AND IMPLEMENTATION 6 OF COOPERATIVE WEED MANAGEMENT AREAS AND TO MAKE TECHNICAL CORRECTIONS; 7 AMENDING SECTION 22-2404, IDAHO CODE, TO PROVIDE FOR APPOINTMENT OF AN 8 ADVISORY COMMITTEE, TO PROVIDE FOR ACCEPTANCE OF MONEYS, TO AUTHORIZE THE 9 DIRECTOR TO INITIATE COOPERATIVE AGREEMENTS WITH OTHER AGENCIES AND STATES 10 FOR DEVELOPMENT AND IMPLEMENTATION OF COOPERATIVE WEED MANAGEMENT AREAS, 11 TO AID OTHER AUTHORITIES IN DEVELOPMENT OF COOPERATIVE WEED MANAGEMENT 12 AREAS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 22-2405, IDAHO 13 CODE, TO AUTHORIZE COUNTY WEED CONTROL AUTHORITIES TO COOPERATE IN DESIG- 14 NATION OF AND TO PARTICIPATE IN WEED CONTROL ADVISORY COMMITTEES AND COOP- 15 ERATIVE WEED MANAGEMENT AREAS, TO AUTHORIZE COUNTY WEED SUPERINTENDENTS TO 16 MAKE RECOMMENDATIONS REGARDING WEED CONTROL ADVISORY COMMITTEES AND ESTAB- 17 LISHMENT OF COOPERATIVE WEED MANAGEMENT AREAS AND TO MAKE TECHNICAL COR- 18 RECTIONS; AMENDING SECTION 22-2406, IDAHO CODE, TO AUTHORIZE COUNTY OFFI- 19 CIALS TO PROPOSE, ACCEPT AND IMPLEMENT INTEGRATED WEED MANAGEMENT PLANS 20 AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 22-2410, IDAHO CODE, 21 TO PROVIDE FOR APPOINTMENT OF INTERESTED PARTIES TO WEED CONTROL ADVISORY 22 COMMITTEES AND TO PROVIDE AUTHORITY FOR COUNTY APPOINTED OFFICIALS TO PAR- 23 TICIPATE WITHIN OR ACROSS BOUNDARIES IN COOPERATIVE WEED MANAGEMENT AREAS. 24 Be It Enacted by the Legislature of the State of Idaho: 25 SECTION 1. That Section 22-2402, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 22-2402. DEFINITIONS. As used in this chapter: 28 (1) "Agency" means: 29 (a) In the case of the federal government, any authority which exercises 30 administrative control over defined areas of federal lands within the 31 state of Idaho; 32 (b) In the case of the state of Idaho, any department, board, commission, 33 or institution; 34 (c) In the case of local government, cities, counties and any legal sub- 35 divisions thereof, drainage districts, irrigation districts, canal compa- 36 nies, highway districts, or any special taxing district. 37 (2) "Applicable fund or account" means: 38 (a) In the case of the state of Idaho, the noxious weed account, which is 39 hereby created and established in the dedicated fund and which shall be 40 used exclusively for the purposes prescribed by this chapter; 41 (b) In each county, the noxious weed fund, which is hereby created and 42 established and shall be maintained in each county and which shall be used 43 exclusively for the purposes prescribed by this chapter. 2 1 (3) "Containment" means halting the spread of a weed infestation beyond 2 specified boundaries. 3 (4) "Control authority" means: 4 (a) On the state level, the director of the department of agriculture; 5 (b) On the county level, the board of county commissioners. 6 (5) "Cooperative weed management area (CWMA)" means a distinguish- 7 able hydrologic, vegetative or geographic zone based upon geography, weed 8 infestations, climate or human-use patterns. Cooperative weed management areas 9 may be composed of a portion of a county, a county, portions of several coun- 10 ties, or portions of one (1) or more states. 11 (6) "Department" means the Idaho department of agriculture. 12 (7) "Director" means the director of the department of agriculture 13 or the director's designated agent. 14 (68 ) "Eradication" means the complete elimina- 15 tion of all above-ground plant growth of a target noxious weed species for a 16 period of two (2) years. 17 (9) "Integrated weed management plan (IWMP)" means a plan developed 18 to manage, control or eradicate a noxious weed(s) from a cooperative weed man- 19 agement area or other weed management area. 20 (710 ) "Land" means all soil or water or other 21 growing medium. 22 (811 ) "Landowner" means: 23 (a) The person who holds legal title to the land, except that portion for 24 which another person has the right to exclude others from possession of 25 the parcel; 26 (b) A person with an interest in a parcel of land such that the person 27 has the right to exclude others from possession of the parcel. 28 (912 ) "Noxious weed" means any plant having the 29 potential to cause injury to public health, crops, livestock, land or other 30 property; and which is designated as noxious by the director. 31 (103 ) "Person" means any individual, partner- 32 ship, firm, agency, corporation, company, society or association. 33 (114 ) "Prevention" means any action that reduces 34 the potential for the introduction or establishment of a plant species in 35 areas not currently infested with that species. 36 (125 ) "Quarantine" means the regulation of the 37 production, movement, or existence of plants, plant products, animals, animal 38 products, or any other article or material, or the normal activity of persons, 39 to prevent or limit introduction or spread of noxious weeds. 40 (136 ) "Restoration" means the process of recon- 41 ditioning formerly weed infested land to a productive or desirable condition. 42 (147 ) "Special management zone" is an area 43 wherein specific requirements of this chapter may be modified. 44 (18) "State noxious weed advisory committee" means an advisory com- 45 mittee appointed by the director to advise and to assist in development, modi- 46 fication and direction of a statewide noxious weed management strategy. 47 (159 ) "Weed control" means any or all of the 48 following: prevention, restoration, eradication, or modified treatments speci- 49 fied in a special management zone. 50 (20) "Weed control advisory committee" means a committee established 51 by weed control agencies or authorities, at the county level, or a steering 52 committee of a cooperative weed management area, to develop and to recommend 53 implementation of integrated weed management plans and strategies. 54 SECTION 2. That Section 22-2403, Idaho Code, be, and the same is hereby 3 1 amended to read as follows: 2 22-2403. ENFORCEMENT OF CHAPTER VESTED IN DIRECTOR -- STATE DUTIES. (1) 3 The duty of enforcing this chapter and carrying out its provisions is vested 4 in the director. 5 (2) The director shall: 6 (a)dD etermine what weeds are noxious for the 7 purposes of this chapter; and 8 (b)cC ompile and keep current a list of such 9 noxious weeds or group of noxious weeds, which list shall be published and 10 incorporated in the rules and regulations of the director; and 11 (c)mM ake and publish such rules and regula- 12 tions as in the director's judgment are necessary to carry out the provi- 13 sions of this chapter; and 14 (d)eE mploy a statewide weed coordinator to 15 carry out the director's duties and responsibilities; and 16 (e)pP ublish a list of items capable of dissem- 17 inating noxious weeds, and designate treatment of such articles as in the 18 director's opinion would prevent such dissemination; and 19 (f)cC onsult with affected county control 20 authorities before establishing a special management zone ; and 21 (g) Consult and coordinate with other weed management agencies and 22 authorities in the designation and development of cooperative weed manage- 23 ment areas and development and implementation of integrated weed manage- 24 ment plans . 25 SECTION 3. That Section 22-2404, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 22-2404. STATE POWERS. (1) The director is authorized to: 28 (a) Investigate the subject of noxious weeds; and 29 (b) Require information, annual work plans and reports from each county 30 and from each state agency as to the presence of noxious weeds and other 31 information relative to noxious weeds and the control thereof; and 32 (c) To cooperate with agencies and persons in carrying out the 33 director's duties under this chapter, and to conduct matters outside this 34 state in the interest of state noxious weed control; and 35 (d) Advise and confer as to the extent of noxious weed infestations and 36 the methods of control; and 37 (e) Establish minimum requirements and proficiency training of county 38 weed superintendents; and 39 (f) Call and attend meetings and conferences dealing with the subject of 40 noxious weeds; and 41 (g) Disseminate information and conduct educational campaigns indepen- 42 dently or in cooperation with others; and 43 (h) Appoint a state noxious weed advisory committee, as provided by 44 section 22-103, Idaho Code, to aid in the development and implementation 45 of a statewide noxious weed management strategy, aid in evaluation of cost 46 share projects and research proposals, and advise the director on matters 47 pertaining to the state noxious weed program; and 48 (i) Procure materials and equipment; and 49 (ij ) Inspect and certify Idaho crops and 50 imports and exports to verify freedom from noxious weeds, and authorize 51 others to conduct such inspections and certification; and 52 (jk ) Enter on any public or private land at 4 1 reasonable times for the purpose of carrying out the provisions of this 2 chapter; and 3 (kl ) Apply to any court of competent jurisdic- 4 tion for a search warrant authorizing access to any land where access was 5 denied and sought for the purposes set forth in this chapter. The court 6 may, upon such application, issue the search warrant for the purposes 7 requested; and 8 (lm ) Perform such other acts as may be neces- 9 sary or appropriate to the administration of the provisions of this chap- 10 ter; and 11 (mn ) Cooperate with the federal government or 12 any established agency thereof in any program of noxious weed control 13 which shall be deemed advisable for the welfare of the people of the state 14 of Idaho, accept any advisable program and make any necessary regulations 15 which are not in contradiction to the purposes of this chapter; and 16 (no ) Accept any gift, grant, contract or 17 other funds , or grants - in - 18 aid from the federal government or other entities for 19 noxious weed control purposes and account for such moneys as prescribed by 20 the state controller, and all suchfederalfunds are hereby 21 appropriated to the purpose for which they are received; and 22 (op ) Initiate agreements with federal agencies 23 in accordance with applicable federal laws; and 24 (pq ) Control noxious weeds on federal land 25 within the state, with or without reimbursement, and with the consent of 26 the federal agency involved; and 27 (qr ) Take any appropriate action necessary to 28 control or quarantine noxious weed infestations whenever an actual or 29 potential emergency situation exists concerning noxious weed infestations 30 anywhere in the state; and 31 (rs ) Permit modification of specific noxious 32 weed control requirements in certain areas, after consulting with the 33 county control authority and designating the area as a special management 34 zone; and 35 (t) Initiate cooperative agreements with other agencies and states 36 for the establishment and support of cooperative weed management areas; 37 and 38 (u) Aid other weed control agencies or authorities in developing and 39 implementing integrated weed management plans for control of noxious 40 weeds; and 41 (sv ) Temporarily designate a weed as noxious 42 for up to fifteen (15) months, after publication in a newspaper of general 43 circulation serving the area of infestation; and 44 (tw ) Authorize the issuance of deficiency war- 45 rants for the purposes of defraying excess costs for the control of nox- 46 ious weeds for emergency situations, in the event the actual cost for the 47 control of noxious weeds in any one (1) year exceeds the appropriations 48 made for that purpose. When so authorized the state controller shall draw 49 deficiency warrants against the general account. 50 (2) If at any time the director determines that the county commissioners 51 have failed to cooperate or carry out their duties and responsibilities as a 52 control authority, the director shall notify them of the deficiency, and sug- 53 gest corrective action. If the situation is not satisfactorily corrected 54 within seven (7) days after the time outlined in the director's corrective 55 action plan, the director shall initiate appropriate action and charge to the 5 1 county all expenses including the hiring of necessary labor and equipment. 2 Quarantine of specific crops or potential noxious weed propagating activities 3 may be a part of the control program. 4 SECTION 4. That Section 22-2405, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 22-2405. COUNTY DUTIES. (1) The county control authority shall: 7 (a) Carry out the duties and responsibilities vested in the county under 8 this chapter and rulesand regulationsprescribed by the 9 director; and 10 (b) Establish and maintain a coordinated program for control of noxious 11 weeds in the county; employ a county weed superintendent, who may be a 12 superintendent for more than one (1) county and who shall be qualified to 13 detect and treat noxious weeds; and 14 (c) Designate one (1) of its members as the liaison between the county 15 weed superintendent and the county commissioners;;and 16 17 (d) Provide operational and educational funds for the county weed 18 superintendent ; and 19 (e) Be authorized to initiate cooperative agreements with other agencies 20 or counties for the designation of or participation in cooperative weed 21 management areas for control of noxious weeds . 22 (2) A general notice for control of noxious weeds shall be published 23 between March 1 and April 30, in a newspaper of general circulation within the 24 county. The notice shall contain the list of noxious weeds and identify those 25 known to be in the county, and shall stipulate the obligation to control. 26 Failure to publish the notice for control or serve individual notices herein 27 provided does not relieve any person from full compliance with this chapter 28and regulationsthereunder. In all cases said published notice 29 shall be deemed legal and sufficient notice. 30 (3) Whenever any county finds it necessary to secure more prompt or defi- 31 nite control of noxious weeds than is accomplished by the general notice, it 32 shall cause individual notices on a form prescribed by the director to be 33 served upon the landowner and where possible on the operator of the land giv- 34 ing specific instructions when and how certain named noxious weeds are to be 35 controlled. The individual notice shall also contain information concerning 36 the right to appeal pursuant to section 22-2408, Idaho Code. Individual 37 notices shall be applicable only to the current growing season. 38 (4) Whenever the landowner of any nonfederal land on which noxious weeds 39 are present has neglected or failed to initiate control as required pursuant 40 to this chapter within five (5) working days from receipt of an individual 41 notice given pursuant to this section, the county having jurisdiction shall 42 have proper control methods used on such land, including necessary destruction 43 of crops, and shall advise the landowner of the cost incurred in connection 44 with such operation. The cost of any such control shall be at the expense of 45 the landowner. If the costs have not been paid to the control authority within 46 sixty (60) days, the control authority may direct that suit be brought in a 47 court of competent jurisdiction for the unpaid charges. On private lands, if 48 unpaid for sixty (60) days or longer the amount of such expense shall become a 49 lien upon the property; and thereafter the lien shall be subject to collection 50 by the county by sale of the property in the same manner as for delinquent 51 taxes. Nothing contained in this section shall be construed to require satis- 52 faction of the imposed obligation by the sale of property or to bar the appli- 53 cation of any other available remedy. 6 1 (5) Amounts collected under the provisions of this section shall be 2 deposited to the noxious weed fund of the county and shall be accounted for as 3 prescribed by the county auditor. Disbursements from the noxious weed fund 4 shall be made only for noxious weed control purposes. 5 (6) The county weed superintendent shall: 6 (a) Examine all land within the county for the purpose of determining 7 whether the provisions of this chapter and rulesand regulations8of the director have been complied with; and 9 (b) Compile data and submit reports as the director or county may 10 require; and 11 (c) Implement enforcement action as outlined in this chapter; and 12 (d) Consult, advise and provide direction on matters pertaining to the 13 most effective and most practical methods of noxious weed control; and 14 (e) Investigate or aid in the investigation and prosecution of any viola- 15 tion of the provisions of this chapter; and 16 (f) Meet certification requirements as prescribed by the regulations of 17 the director; and 18 (g) Make recommendations regarding establishment of special management 19 zones ; and 20 (h) Make recommendations regarding establishment of cooperative weed man- 21 agement areas; and 22 (i) Participate on weed control advisory committees to develop and imple- 23 ment noxious weed control strategies for cooperative weed management 24 areas, at the discretion of the county weed control authority . 25 SECTION 5. That Section 22-2406, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 22-2406. COUNTY POWERS. (1) The county control authority is authorized 28 to: 29 (a) Have noxious weeds controlled without cost to the landowner, notwith- 30 standing any other provision of this chapter relating to payment of cost; 31 and 32 (b) Quarantine any tract of land under its jurisdiction when it appears 33 there is an infestation of noxious weeds beyond the ability of the land- 34 owner to control and put into immediate operation the required means for 35 the control or containment of such noxious weeds including necessary 36 destruction of crops; and 37 (c) Serve individual notice on the landowner and where possible on the 38 operator of the land prior to the entry upon such land declaring a quaran- 39 tine and specifying the date of the proposed entry and the proposed cost 40 to the violator, and advise the same person of the completion of the con- 41 trol operation and the required reimbursement thereof. If the landowner is 42 not known or readily available, notice shall be deemed satisfied after 43 eight (8) days from postmark of registered mail to the address as shown on 44 the assessment roll of the county; and 45 (d) Stop movement of noxious weed infested items. Such items shall not be 46 moved from designated premises except in accordance with the written per- 47 mission of the county control authority; and 48 (e) Purchase or provide for equipment and materials for the control of 49 noxious weeds, independently or in combination with other control authori- 50 ties, and use such equipment or materials upon any lands within the state; 51 and 52 (f) Levy annually upon all taxable property of said county a tax for the 53 control of noxious weeds to be collected and apportioned to the county 7 1 noxious weed fund, which levy shall not exceed six hundredthsper2centpercent (.06%) of the market value for assessment 3 purposes of said property in said county; and 4 (g) Utilize any other methods or local options that may be available for 5 the purpose of funding a coordinated noxious weed control program on the 6 county level; and 7 (h) Use the noxious weed fund, which may be a revolving fund, only for 8 noxious weed purposes. In addition to any appropriated funds designated 9 for the control of noxious weeds, the county control authority shall have 10 the power to receive and disburse funds from any source as a continuing 11 appropriation at any time for the purpose of controlling noxious weeds; 12 and 13 (i) Propose and accept plans for noxious weed control which may be 14 extended over a period of years by agreement with the landowner. The 15 agreement shall be a contract and the control authority shall have the 16 power and duty to enforce the terms of any such agreement; and 17 (j) Propose, accept and implement integrated weed management plans 18 developed by weed control advisory committees for control of noxious weeds 19 in cooperative weed management areas; and 20 (k) Designate weeds, in addition to the state noxious weed list, 21 as noxious within their county, but such additional species are not sub- 22 ject to provisions of the state noxious weed laws. 23 (2) The county weed superintendent is authorized to: 24 (a) Enter upon all lands within the county where there are noxious weeds 25 to ascertain conditions, if a reasonable attempt has been made to contact 26 the landowner and where possible the operator of the land prior to entry 27 and there is probable cause for entry; and 28 (b) Stipulate items as requiring treatment to prevent dissemination of 29 noxious weeds, in accordance with the applicable regulations. 30 SECTION 6. That Section 22-2410, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 22-2410. WEED CONTROL ADVISORY COMMITTEES. (1) Control agencies or 33 authorities may appoint persons to a weed control advisory committee, 34 who shall be persons knowledgeable of noxious weeds and the damage done by 35 such weeds. The members of the advisory committee shall be residents of 36 or landowners in one (1) of the counties included in the cooperative weed man- 37 agement area, and shall be appointed for renewable terms of two (2) 38 years. 39 (2) It shall be the function of each weed control advisory committee to: 40 (a) Assist in planning and carrying out noxious weed control programs 41 within or across county, state or federal boundaries as may be pro- 42 vided by cooperative agreement among the participating parties for control 43 of noxious weeds in cooperative weed management areas ; and 44 (b) Act as liaison to other weed control advisory committees; and 45 (c) Provide a forum for public input on matters relating to the control 46 of noxious weeds. 47 (3) Members of the advisory committee may be reimbursed for actual and 48 necessary expenses when on committee business. Expense payments may be made 49 from the noxious weed fund. 50 (4) Advisory committees have no executive powers and act in an advisory 51 capacity only.
STATEMENT OF PURPOSE
RS08864
The purpose of this legislation is to provide authority for the
Director of the Department of Agriculture to consult and
coordinate with other weed management agencies in development
and implementation of cooperative weed management areas. This
legislation would allow for the acceptance of moneys and
authorize the Director to initiate cooperative agreements with
other agencies and states for development and implementation of
cooperative weed management areas. The legislation would also
authorize county weed control authorities to cooperate in
designation of and to participate in weed control advisory
committees and cooperative weed management areas.
FISCAL NOTE
No fiscal impact.
CONTACT: Glen Secrist, Idaho Department of Agriculture
332-8540
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No H 197