1999 Legislation
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HOUSE BILL NO. 214 – Weeds, noxious, federal land


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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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 214

                            BY AGRICULTURAL AFFAIRS COMMITTEE

 1                                        AN ACT

 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


 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


 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 or
10        without reimbursement, and with the consent of the federal agency involved
11        ; 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  rules    and regulations  prescribed 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


 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
 4     and regulations  thereunder. 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 any  nonfederal  land 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 rules  and regulations
37         of 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  the    regula-
46        tions   rules  of the director; and
47        (g)  Make  recommendations  regarding  establishment of special management
48        zones.

Statement of Purpose / Fiscal Impact

                        STATEMENT OF PURPOSE

                              RS 08888

To make all landowners in the State responsible for noxious weed

                            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