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S1207...............................................by AGRICULTURAL AFFAIRS
NOXIOUS WEEDS - Amends existing law to provide that the county property tax
levy for control of noxious weeds is exempt from the property tax caps.
02/15 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Agric Aff
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 26-5-4
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Darrington, Davis, Deide, Dunklin, Geddes, Ingram, Ipsen, King, Lee,
McLaughlin, Noh, Richardson, Riggs, Risch, Sandy, Schroeder, Stegner,
Stennett, Wheeler, Whitworth
NAYS--Crow, Danielson, Frasure, Hawkins, Thorne
Absent and excused--Keough, Parry, Sorensen, Twiggs
Floor Sponsor - Noh
Title apvd - to House
03/09 House intro - 1st rdg - to Agric Aff
03/11 Rpt out - To Rev/Tax
S1207|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1207 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO COUNTY POWERS OVER NOXIOUS WEEDS; AMENDING SECTION 22-2406, IDAHO 3 CODE, TO PROVIDE THAT THE COUNTY PROPERTY TAX LEVY FOR CONTROL OF NOXIOUS 4 WEEDS IS EXEMPT FROM THE PROPERTY TAX CAPS AND TO MAKE A TECHNICAL CORREC- 5 TION; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 22-2406, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 22-2406. COUNTY POWERS. (1) The county control authority is authorized 10 to: 11 (a) Have noxious weeds controlled without cost to the landowner, notwith- 12 standing any other provision of this chapter relating to payment of cost; 13 and 14 (b) Quarantine any tract of land under its jurisdiction when it appears 15 there is an infestation of noxious weeds beyond the ability of the land- 16 owner to control and put into immediate operation the required means for 17 the control or containment of such noxious weeds including necessary 18 destruction of crops; and 19 (c) Serve individual notice on the landowner and where possible on the 20 operator of the land prior to the entry upon such land declaring a quaran- 21 tine and specifying the date of the proposed entry and the proposed cost 22 to the violator, and advise the same person of the completion of the con- 23 trol operation and the required reimbursement thereof. If the landowner is 24 not known or readily available, notice shall be deemed satisfied after 25 eight (8) days from postmark of registered mail to the address as shown on 26 the assessment roll of the county; and 27 (d) Stop movement of noxious weed infested items. Such items shall not be 28 moved from designated premises except in accordance with the written per- 29 mission of the county control authority; and 30 (e) Purchase or provide for equipment and materials for the control of 31 noxious weeds, independently or in combination with other control authori- 32 ties, and use such equipment or materials upon any lands within the state; 33 and 34 (f) Levy annually upon all taxable property of said county a tax for the 35 control of noxious weeds to be collected and apportioned to the county 36 noxious weed fund, which levy shall not exceed six hundredthsper37centpercent (.06%) of the market value for assessment 38 purposes of said property in said county and which levy shall be 39 exempt from the provisions of sections 63-802 and 63-1313, Idaho Code 40 ; and 41 (g) Utilize any other methods or local options that may be available for 42 the purpose of funding a coordinated noxious weed control program on the 43 county level; and 2 1 (h) Use the noxious weed fund, which may be a revolving fund, only for 2 noxious weed purposes. In addition to any appropriated funds designated 3 for the control of noxious weeds, the county control authority shall have 4 the power to receive and disburse funds from any source as a continuing 5 appropriation at any time for the purpose of controlling noxious weeds; 6 and 7 (i) Propose and accept plans for noxious weed control which may be 8 extended over a period of years by agreement with the landowner. The 9 agreement shall be a contract and the control authority shall have the 10 power and duty to enforce the terms of any such agreement; and 11 (j) Designate weeds, in addition to the state noxious weed list, as nox- 12 ious within their county, but such additional species are not subject to 13 provisions of the state noxious weed laws. 14 (2) The county weed superintendent is authorized to: 15 (a) Enter upon all lands within the county where there are noxious weeds 16 to ascertain conditions, if a reasonable attempt has been made to contact 17 the landowner and where possible the operator of the land prior to entry 18 and there is probable cause for entry; and 19 (b) Stipulate items as requiring treatment to prevent dissemination of 20 noxious weeds, in accordance with the applicable regulations. 21 SECTION 2. An emergency existing therefor, which emergency is hereby 22 declared to exist, this act shall be in full force and effect on and after its 23 passage and approval, and retroactively to January 1, 1999.
STATEMENT OF PURPOSE
RS08980
Many organizations, under the leadership of the Idaho Department of
Agriculture are cooperating in a major effort to stop the catastrophic loss of
land to invading exotic plants (noxious weeds). Mllions of acres are already
lost.
Local governments provide front line troops in this war. When a new
invader is discovered, local governments and otbers must react swiftly and in
sufficient strength to control the outbreak, or all is lost into the future.
The 3 percent cap on all county budgets represents a major impediment
in controlling weeds, especially when unexpected outbreaks occur.
This proposal removed the 3 percent cap only for the county weed funds.
FISCAL NOTE
None on general fund. Could be a small short term impact on local
property tax. In the long term it will preserve land values and local economies.
CONTACT: Senator Laird Noh
(208) 332-1333
STATEMENT OF PURPOSE/FISCAL NOTE S 1207