Print Friendly HOUSE BILL NO. 214 – Weeds, noxious, federal land
HOUSE BILL NO. 214
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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
|||| 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
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
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
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; (;)
49 (d) Provide operational and educational funds for the county weed super-
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
STATEMENT OF PURPOSE
To make all landowners in the State responsible for noxious weed
No fiscal impact to the General Fund.
CONTACT: Representative Tom Loertcher
Representative Cameron Wheeler
STATEMENT OF PURPOSE/ FlSCAL NOTE Bill No. H 214