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H0214...............................................by AGRICULTURAL AFFAIRS NOXIOUS WEEDS - Amends existing law relating to noxious weeds to extend powers of the state and county control authority to control noxious weeds on federal land. 02/11 House intro - 1st rdg - to printing 02/12 Rpt prt - to Agric Aff
H0214|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 214 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO CONTROL OF NOXIOUS WEEDS; AMENDING SECTION 22-2402, IDAHO CODE, TO 3 FURTHER DEFINE TERMS; AMENDING SECTION 22-2404, IDAHO CODE, TO EXTEND 4 POWERS OF THE STATE TO CONTROL NOXIOUS WEEDS ON FEDERAL LAND; AND AMENDING 5 SECTION 22-2405, IDAHO CODE, TO EXTEND THE POWERS OF THE COUNTY CONTROL 6 AUTHORITY AND TO MAKE TECHNICAL CORRECTIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 22-2402, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 22-2402. DEFINITIONS. As used in this chapter: 11 (1) "Agency" means: 12 (a) In the case of the federal government, any authority which exercises 13 administrative control over defined areas of federal lands within the 14 state of Idaho; 15 (b) In the case of the state of Idaho, any department, board, commission, 16 or institution; 17 (c) In the case of local government, cities, counties and any legal sub- 18 divisions thereof, drainage districts, irrigation districts, canal compa- 19 nies, highway districts, or any special taxing district. 20 (2) "Applicable fund or account" means: 21 (a) In the case of the state of Idaho, the noxious weed account, which is 22 hereby created and established in the dedicated fund and which shall be 23 used exclusively for the purposes prescribed by this chapter; 24 (b) In each county, the noxious weed fund, which is hereby created and 25 established and shall be maintained in each county and which shall be used 26 exclusively for the purposes prescribed by this chapter. 27 (3) "Containment" means halting the spread of a weed infestation beyond 28 specified boundaries. 29 (4) "Control authority" means: 30 (a) On the state level, the director of the department of agriculture; 31 (b) On the county level, the board of county commissioners. 32 (5) "Director" means the director of the department of agriculture or the 33 director's designated agent. 34 (6) "Eradication" means the complete elimination of all above-ground 35 plant growth of a target noxious weed species for a period of two (2) years. 36 (7) "Land" means all soil or water or other growing medium. 37 (8) "Landowner" means: 38 (a) The person who holds legal title to the land, except that portion for 39 which another person has the right to exclude others from possession of 40 the parcel; 41 (b) A person with an interest in a parcel of land such that the person 42 has the right to exclude others from possession of the parcel. 43 (c) Any agency of government whether local, state or federal that 2 1 holds legal title to the land. 2 (9) "Noxious weed" means any plant having the potential to cause injury 3 to public health, crops, livestock, land or other property; and which is des- 4 ignated as noxious by the director. 5 (10) "Person" means any individual, partnership, firm, agency, corpora- 6 tion, company, society or association. 7 (11) "Prevention" means any action that reduces the potential for the 8 introduction or establishment of a plant species in areas not currently 9 infested with that species. 10 (12) "Quarantine" means the regulation of the production, movement, or 11 existence of plants, plant products, animals, animal products, or any other 12 article or material, or the normal activity of persons, to prevent or limit 13 introduction or spread of noxious weeds. 14 (13) "Restoration" means the process of reconditioning formerly weed 15 infested land to a productive or desirable condition. 16 (14) "Special management zone" is an area wherein specific requirements of 17 this chapter may be modified. 18 (15) "Weed control" means any or all of the following: prevention, restor- 19 ation, eradication, or modified treatments specified in a special management 20 zone. 21 SECTION 2. That Section 22-2404, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 22-2404. STATE POWERS. (1) The director is authorized to: 24 (a) Investigate the subject of noxious weeds; and 25 (b) Require information, annual work plans and reports from each county 26 and from each state agency as to the presence of noxious weeds and other 27 information relative to noxious weeds and the control thereof; and 28 (c) To cooperate with agencies and persons in carrying out the 29 director's duties under this chapter, and to conduct matters outside this 30 state in the interest of state noxious weed control; and 31 (d) Advise and confer as to the extent of noxious weed infestations and 32 the methods of control; and 33 (e) Establish minimum requirements and proficiency training of county 34 weed superintendents; and 35 (f) Call and attend meetings and conferences dealing with the subject of 36 noxious weeds; and 37 (g) Disseminate information and conduct educational campaigns indepen- 38 dently or in cooperation with others; and 39 (h) Procure materials and equipment; and 40 (i) Inspect and certify Idaho crops and imports and exports to verify 41 freedom from noxious weeds, and authorize others to conduct such inspec- 42 tions and certification; and 43 (j) Enter on any public or private land at reasonable times for the pur- 44 pose of carrying out the provisions of this chapter; and 45 (k) Apply to any court of competent jurisdiction for a search warrant 46 authorizing access to any land where access was denied and sought for the 47 purposes set forth in this chapter. The court may, upon such application, 48 issue the search warrant for the purposes requested; and 49 (l) Perform such other acts as may be necessary or appropriate to the 50 administration of the provisions of this chapter; and 51 (m) Cooperate with the federal government or any established agency 52 thereof in any program of noxious weed control which shall be deemed 53 advisable for the welfare of the people of the state of Idaho, accept any 3 1 advisable program and make any necessary regulations which are not in con- 2 tradiction to the purposes of this chapter; and 3 (n) Accept any funds or grants in aid from the federal government for 4 noxious weed control purposes and account for such moneys as prescribed by 5 the state controller, and all such federal funds are hereby appropriated 6 to the purpose for which they are received; and 7 (o) Initiate agreements with federal agencies in accordance with applica- 8 ble federal laws; and 9 (p) Control noxious weeds on federal land within the state, with or10without reimbursement, and with the consent of the federal agency involved11; and 12 (q) Take any appropriate action necessary to control or quarantine nox- 13 ious weed infestations whenever an actual or potential emergency situation 14 exists concerning noxious weed infestations anywhere in the state; and 15 (r) Permit modification of specific noxious weed control requirements in 16 certain areas, after consulting with the county control authority and des- 17 ignating the area as a special management zone; and 18 (s) Temporarily designate a weed as noxious for up to fifteen (15) 19 months, after publication in a newspaper of general circulation serving 20 the area of infestation; and 21 (t) Authorize the issuance of deficiency warrants for the purposes of 22 defraying excess costs for the control of noxious weeds for emergency sit- 23 uations, in the event the actual cost for the control of noxious weeds in 24 any one (1) year exceeds the appropriations made for that purpose. When so 25 authorized the state controller shall draw deficiency warrants against the 26 general account. 27 (2) If at any time the director determines that the county commissioners 28 have failed to cooperate or carry out their duties and responsibilities as a 29 control authority, the director shall notify them of the deficiency, and sug- 30 gest corrective action. If the situation is not satisfactorily corrected 31 within seven (7) days after the time outlined in the director's corrective 32 action plan, the director shall initiate appropriate action and charge to the 33 county all expenses including the hiring of necessary labor and equipment. 34 Quarantine of specific crops or potential noxious weed propagating activities 35 may be a part of the control program. 36 SECTION 3. That Section 22-2405, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 22-2405. COUNTY DUTIES. (1) The county control authority shall: 39 (a) Carry out the duties and responsibilities vested in the county under 40 this chapter and rulesand regulationsprescribed by the 41 director; and 42 (b) Establish and maintain a coordinated program for control of noxious 43 weeds in the county; employ a county weed superintendent, who may be a 44 superintendent for more than one (1) county and who shall be qualified to 45 detect and treat noxious weeds; and 46 (c) Designate one (1) of its members as the liaison between the county 47 weed superintendent and the county commissioners;(;)48 and 49 (d) Provide operational and educational funds for the county weed super- 50 intendent. 51 (2) A general notice for control of noxious weeds shall be published 52 between March 1 and April 30, in a newspaper of general circulation within the 53 county. The notice shall contain the list of noxious weeds and identify those 4 1 known to be in the county, and shall stipulate the obligation to control. 2 Failure to publish the notice for control or serve individual notices herein 3 provided does not relieve any person from full compliance with this chapter 4and regulationsthereunder. In all cases said published notice 5 shall be deemed legal and sufficient notice. 6 (3) Whenever any county finds it necessary to secure more prompt or defi- 7 nite control of noxious weeds than is accomplished by the general notice, it 8 shall cause individual notices on a form prescribed by the director to be 9 served upon the landowner and where possible on the operator of the land giv- 10 ing specific instructions when and how certain named noxious weeds are to be 11 controlled. The individual notice shall also contain information concerning 12 the right to appeal pursuant to section 22-2408, Idaho Code. Individual 13 notices shall be applicable only to the current growing season. 14 (4) Whenever the landowner of anynonfederalland on which 15 noxious weeds are present has neglected or failed to initiate control as 16 required pursuant to this chapter within five (5) working days from receipt of 17 an individual notice given pursuant to this section, the county having juris- 18 diction shall have proper control methods used on such land, including neces- 19 sary destruction of crops, and shall advise the landowner of the cost incurred 20 in connection with such operation. The cost of any such control shall be at 21 the expense of the landowner. If the costs have not been paid to the control 22 authority within sixty (60) days, the control authority may direct that suit 23 be brought in a court of competent jurisdiction for the unpaid charges. On 24 private lands, if unpaid for sixty (60) days or longer the amount of such 25 expense shall become a lien upon the property; and thereafter the lien shall 26 be subject to collection by the county by sale of the property in the same 27 manner as for delinquent taxes. Nothing contained in this section shall be 28 construed to require satisfaction of the imposed obligation by the sale of 29 property or to bar the application of any other available remedy. 30 (5) Amounts collected under the provisions of this section shall be 31 deposited to the noxious weed fund of the county and shall be accounted for as 32 prescribed by the county auditor. Disbursements from the noxious weed fund 33 shall be made only for noxious weed control purposes. 34 (6) The county weed superintendent shall: 35 (a) Examine all land within the county for the purpose of determining 36 whether the provisions of this chapter and rulesand regulations37of the director have been complied with; and 38 (b) Compile data and submit reports as the director or county may 39 require; and 40 (c) Implement enforcement action as outlined in this chapter; and 41 (d) Consult, advise and provide direction on matters pertaining to the 42 most effective and most practical methods of noxious weed control; and 43 (e) Investigate or aid in the investigation and prosecution of any viola- 44 tion of the provisions of this chapter; and 45 (f) Meet certification requirements as prescribed by theregula-46tionsrules of the director; and 47 (g) Make recommendations regarding establishment of special management 48 zones.
STATEMENT OF PURPOSE
RS 08888
To make all landowners in the State responsible for noxious weed
control.
FISCAL NOTE
No fiscal impact to the General Fund.
CONTACT: Representative Tom Loertcher
Representative Cameron Wheeler
(208) 332-1000
STATEMENT OF PURPOSE/ FlSCAL NOTE Bill No. H 214