2006 Legislation
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HOUSE BILL NO. 594 – Noxious weed law, revisions


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Bill Status

H0594...............................................by AGRICULTURAL AFFAIRS
NOXIOUS WEEDS - Amends existing law relating to noxious weeds to revise the
duties and authorized powers of the Director of the Department of
Agriculture relating to noxious weeds; to revise the duties of counties
relating to noxious weeds; to revise provisions relating to the purposes of
noxious weed control as it relates to landowners and citizens; to provide
and revise penalty provisions for violations; and to provide that the
control of noxious aquatic plants may be carried out under the general
supervision of public bodies.
02/09    House intro - 1st rdg - to printing
02/10    Rpt prt - to Agric Aff
02/23    Rpt out - rec d/p - to 2nd rdg
02/24    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 65-5-0
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
      Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Kemp, Lake, LeFavour, Martinez, McGeachin,
      McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Sayler, Schaefer,
      Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- Barrett, Loertscher, Mathews, Rydalch, Sali(Sali)
      Absent and excused -- None
    Floor Sponsor - Bolz
    Title apvd - to Senate
03/02    Senate intro - 1st rdg - to Agric Aff
03/17    Rpt out - rec d/p - to 2nd rdg
03/20    2nd rdg - to 3rd rdg
03/22    3rd rdg - PASSED - 34-1-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett(Clark),
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Werk, Williams
      NAYS -- Sweet
      Absent and excused -- None
    Floor Sponsor - Corder
    Title apvd - to House
03/23    To enrol
03/24    Rpt enrol - Sp signed
03/27    Pres signed
03/28    To Governor
03/30    Governor signed
         Session Law Chapter 225
         Effective: 07/01/06

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 594
                             BY AGRICULTURAL AFFAIRS COMMITTEE
  1                                        AN ACT
 15        BODIES.
 16    Be It Enacted by the Legislature of the State of Idaho:
 17        SECTION 1.  That Section 22-2402, Idaho Code, be, and the same  is  hereby
 18    amended to read as follows:
 19        22-2402.  DEFINITIONS. As used in this chapter:
 20        (1)  "Agency" means:
 21        (a)  In  the case of the federal government, any authority which exercises
 22        administrative control over defined areas  of  federal  lands  within  the
 23        state of Idaho;
 24        (b)  In the case of the state of Idaho, any department, board, commission,
 25        or institution;
 26        (c)  In  the case of local government, cities, counties and any legal sub-
 27        divisions thereof, drainage districts, irrigation districts, canal  compa-
 28        nies, highway districts, or any special taxing district.
 29        (2)  "Applicable fund or account" means:
 30        (a)  In the case of the state of Idaho, the noxious weed account, which is
 31        hereby  created  and  established in the dedicated fund and which shall be
 32        used exclusively for the purposes prescribed by this chapter;
 33        (b)  In each county, the noxious weed fund, which is  hereby  created  and
 34        established and shall be maintained in each county and which shall be used
 35        exclusively for the purposes prescribed by this chapter.
 36        (3)  "Aquatic  plant"  means  any  plant growing in, or closely associated
 37    with, the aquatic environment and includes, but is not  limited  to,  riparian
 38    plants.
 39        (4)  "Containment"  means  halting the spread of a weed infestation beyond
 40    specified boundaries.
 41        (5)  "Control" means any or all of the following: prevention,  rehabilita-
 42    tion, eradication or modified treatments.
 43        (46)  "Control authority" means:
  1        (a)  On the state level, the director of the department of agriculture;
  2        (b)  On the county level, the board of county commissioners.
  3        (57)  "Cooperative  weed  management  area (CWMA)" means a distinguishable
  4    hydrologic, vegetative or geographic zone based upon geography, weed  infesta-
  5    tions, climate or human-use patterns. Cooperative weed management areas may be
  6    composed  of a portion of a county, a county, portions of several counties, or
  7    portions of one (1) or more states.
  8        (68)  "Department" means the Idaho department of agriculture.
  9        (79)  "Director" means the director of the department  of  agriculture  or
 10    the director's designated agent.
 11        (810) "Eradication"  means  the  complete  elimination of all above-ground
 12    plant growth of a target a noxious weed species for a period of two (2)  years
 13    based on absence as determined by a visual inspection by the control authority
 14    during the current growing season.
 15        (911) "Integrated  weed  management plan (IWMP)" means a plan developed to
 16    manage, control or eradicate a noxious weed(s) from a cooperative weed manage-
 17    ment area or other weed management area. Integrated weed management strategies
 18    may include, but are not limited to, prevention, cultural, mechanical,  chemi-
 19    cal and biological methods.
 20        (102) "Land" means all soil or water or other growing medium.
 21        (113) "Landowner" means:
 22        (a)  The person who holds legal title to the land, except that portion for
 23        which  another  person  has the right to exclude others from possession of
 24        the parcel; or
 25        (b)  A person with an interest in a parcel of land such  that  the  person
 26        has the right to exclude others from possession of the parcel.
 27        (14)  "Modified treatment" means treatment specified in an integrated weed
 28    management plan.
 29        (125) "Noxious  weed" means any plant having the potential to cause injury
 30    to public health, crops, livestock, land or other property; and which is  des-
 31    ignated as noxious by the director.
 32        (136) "Person"  means  any individual, partnership, firm, agency, corpora-
 33    tion, company, society or association.
 34        (147) "Prevention" means:
 35        (a)  Aany action that reduces the potential for the introduction or estab-
 36        lishment of a plant species in areas not currently infested with that spe-
 37        cies; or
 38        (b)  Any action that deters the spread of noxious weeds.
 39        (158) "Quarantine" means the regulation of the  production,  movement,  or
 40    existence  of  plants,  plant products, animals, animal products, or any other
 41    article or material, or the normal activity of persons, to  prevent  or  limit
 42    introduction or spread of noxious weeds.
 43        (169) "Restoration"  "Rehabilitation"  means the process of reconditioning
 44    formerly weed infested land to a productive or desirable condition.
 45        (20) "Riparian" means the green, vegetated areas along the edge  of  water
 46    bodies like rivers, creeks, canals, lakes, springs, sloughs, potholes and wet-
 47    lands.  They  are  the  transition zone between upland and aquatic ecosystems.
 48    Underlying saturated soil is a key feature in riparian areas.
 49        (17) "Special management zone" is an area wherein specific requirements of
 50    this chapter may be modified.
 51        (1821) "State noxious weed advisory committee" means an advisory committee
 52    appointed by the director to advise and to assist in development, modification
 53    and direction of a statewide noxious weed management strategy.
 54        (22) "Waters" means all the accumulations of  water,  surface  and  under-
 55    ground, natural and artificial, public and private, or parts thereof which are
  1    wholly  or  partially  within,  which  flow  through, or which border upon the
  2    state.
  3        (19) "Weed control" means any or all of the following: prevention, restor-
  4    ation, eradication, or modified treatments specified in a  special  management
  5    zone.
  6        (203) "Weed  control  advisory committee" means a committee established by
  7    weed control agencies or authorities, at the county level, or a steering  com-
  8    mittee  of  a  cooperative  weed  management area, to develop and to recommend
  9    implementation of integrated weed management plans and strategies.
 10        SECTION 2.  That Section 22-2403, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
 13    The duty of enforcing this chapter and carrying out its provisions  is  vested
 14    in the director.
 15        (2)  The director shall:
 16        (a)  Determine  what  weeds  are noxious for the purposes of this chapter;
 17        and
 18        (b)  Compile and keep current a list of such noxious  weeds  or  group  of
 19        noxious weeds, which list shall be published and incorporated in the rules
 20        and regulations of the director; and
 21        (c)  Make  and  publish  such  rules  and regulations as in the director's
 22        judgment are necessary to carry out the provisions of this chapter; and
 23        (d)  Employ a statewide weed  coordinator  to  carry  out  the  director's
 24        duties and responsibilities; and
 25        (e)  Publish  a  list of items capable of disseminating noxious weeds, and
 26        designate treatment of such articles as in the  director's  opinion  would
 27        prevent such dissemination; and
 28        (f)  Consult  with affected county control authorities before establishing
 29        a special management zone; and
 30        (g)  Consult and  coordinate  with  other  weed  management  agencies  and
 31        authorities in the designation and development of cooperative weed manage-
 32        ment  areas  and development and implementation of integrated weed manage-
 33        ment plans; and
 34        (g)  Assist all landowners, managers and lessees in the  state  of  Idaho,
 35        including, but not limited to, all state natural resource management agen-
 36        cies, state water resource management entities, as well as public and pri-
 37        vate  land  management  firms  and  private landowners, in coping with the
 38        growth of noxious weeds, including noxious aquatic weeds.
 39        SECTION 3.  That Section 22-2404, Idaho Code, be, and the same  is  hereby
 40    amended to read as follows:
 41        22-2404.  STATE POWERS. (1) The director is authorized to:
 42        (a)  Investigate the subject of noxious weeds; and
 43        (b)  Require  information,  annual work plans and reports from each county
 44        and from each state agency as to the presence of noxious weeds  and  other
 45        information relative to noxious weeds and the control thereof; and
 46        (c)  To   cooperate  with  agencies  and  persons  in  carrying  out   the
 47        director's duties under this chapter, and to conduct matters outside  this
 48        state in the interest of state noxious weed control; and
 49        (d)  Advise  and  confer as to the extent of noxious weed infestations and
 50        the methods of control; and
 51        (e)  Establish minimum requirements and proficiency Assist counties in the
  1        training of county weed superintendents; and
  2        (f)  Call and attend meetings and conferences dealing with the subject  of
  3        noxious weeds; and
  4        (g)  Disseminate  information  and  conduct educational campaigns indepen-
  5        dently or in cooperation with others; and
  6        (h)  Appoint a state noxious weed advisory committee, as provided by  sec-
  7        tion 22-103, Idaho Code, to aid in the development and implementation of a
  8        statewide  noxious  weed  management  strategy,  aid in evaluation of cost
  9        share projects and research proposals, and advise the director on  matters
 10        pertaining to the state noxious weed program; and
 11        (i)  Procure materials and equipment; and
 12        (j)  Inspect  and  certify  Idaho  crops and imports and exports to verify
 13        freedom from noxious weeds, and authorize others to conduct  such  inspec-
 14        tions and certification; and
 15        (k)  Enter  on any public or private land at reasonable times for the pur-
 16        pose of carrying out the provisions of this chapter; and
 17        (l)  Apply to any court of competent jurisdiction  for  a  search  warrant
 18        authorizing  access to any land where access was denied and sought for the
 19        purposes set forth in this chapter. The court may, upon such  application,
 20        issue the search warrant for the purposes requested; and
 21        (m)  Perform  such  other  acts  as may be necessary or appropriate to the
 22        administration of the provisions of this chapter; and
 23        (n)  Cooperate with the  federal  government  or  any  established  agency
 24        thereof  in  any  program  of  noxious  weed control which shall be deemed
 25        advisable for the welfare of the people of the state of Idaho, accept  any
 26        advisable  program  and make any necessary regulations rules which are not
 27        in contradiction to the purposes of this chapter; and
 28        (o)  Accept any gift, grant, contract or  other  funds,  or  grants-in-aid
 29        from  the  federal  government  or other entities for noxious weed control
 30        purposes and account for such moneys as prescribed by the  state  control-
 31        ler,  and  all such funds are hereby appropriated to the purpose for which
 32        they are received; and
 33        (p)  Initiate agreements with federal agencies in accordance with applica-
 34        ble federal laws; and
 35        (q)  Control noxious weeds on federal land within the state, with or with-
 36        out reimbursement, and with the consent of the  federal  agency  involved;
 37        and
 38        (r)  Take  any  appropriate action necessary to control or quarantine nox-
 39        ious weed infestations whenever an actual or potential emergency situation
 40        exists concerning noxious weed infestations anywhere in the state; and
 41        (s)  Permit modification of specific noxious weed control requirements  in
 42        certain areas, after consulting with the county control authority and des-
 43        ignating the area as a special management zone; and
 44        (t)  Initiate  cooperative  agreements  with other agencies and states for
 45        the establishment and support of cooperative weed management areas; and
 46        (ut)  Aid other weed control agencies or  authorities  in  developing  and
 47        implementing  integrated  weed  management  plans  for  control of noxious
 48        weeds; and
 49        (vu)  Temporarily designate a weed as  noxious  for  up  to  fifteen  (15)
 50        months,  after  publication  in a newspaper of general circulation serving
 51        the area of infestation; and
 52        (wv)  Authorize the issuance of deficiency warrants for  the  purposes  of
 53        defraying excess costs for the control of noxious weeds for emergency sit-
 54        uations,  in the event the actual cost for the control of noxious weeds in
 55        any one (1) year exceeds the appropriations made for that purpose. When so
  1        authorized the state controller shall draw deficiency warrants against the
  2        general account.
  3        (2)  If at any time the director determines that the county  commissioners
  4    have  failed  to cooperate or carry out their duties and responsibilities as a
  5    control authority, the director shall notify them of the deficiency, and  sug-
  6    gest  corrective  action.  If  the  situation  is not satisfactorily corrected
  7    within seven (7) days after the time outlined  in  the  director's  corrective
  8    action  plan, the director shall initiate appropriate action and charge to the
  9    county all expenses including the hiring of  necessary  labor  and  equipment.
 10    Quarantine  of specific crops or potential noxious weed propagating activities
 11    may be a part of the control program.
 12        SECTION 4.  That Section 22-2405, Idaho Code, be, and the same  is  hereby
 13    amended to read as follows:
 14        22-2405.  COUNTY DUTIES. (1) The county control authority shall:
 15        (a)  Carry  out the duties and responsibilities vested in the county under
 16        this chapter and rules prescribed by the director; and
 17        (b)  Establish and maintain a coordinated program for control  of  noxious
 18        weeds  in  the  county;  employ a county weed superintendent, who may be a
 19        superintendent for more than one (1) county and who shall be qualified  to
 20        detect and treat noxious weeds; and
 21        (c)  Designate  one  (1)  of its members as the liaison between the county
 22        weed superintendent and the county commissioners; and
 23        (d)  Provide operational and educational funds for the county weed  super-
 24        intendent; and
 25        (e)  Be  authorized to initiate cooperative agreements with other agencies
 26        or counties for the designation of or participation  in  cooperative  weed
 27        management areas for control of noxious weeds.
 28        (2)  A  general  notice  for  control  of noxious weeds shall be published
 29    between March 1 and April 30, in a newspaper of general circulation within the
 30    county.  The notice shall contain the list of noxious weeds and identify those
 31    known to be in the county, and shall  stipulate  the  obligation  to  control.
 32    Failure  to  publish the notice for control or serve individual notices herein
 33    provided does not relieve any person from full compliance  with  this  chapter
 34    thereunder.  In all cases said published notice shall be deemed legal and suf-
 35    ficient notice.
 36        (3)  Whenever any county finds it necessary to secure more prompt or defi-
 37    nite control of noxious weeds than is accomplished by the general  notice,  it
 38    shall  cause  individual  notices  on  a form prescribed by the director to be
 39    served upon the landowner and where possible on the operator of the land  giv-
 40    ing  specific  instructions when and how certain named noxious weeds are to be
 41    controlled. The individual notice shall also  contain  information  concerning
 42    the  right  to  appeal  pursuant  to  section  22-2408, Idaho Code. Individual
 43    notices shall be applicable only to the current growing season.
 44        (4)  Whenever the landowner of any nonfederal land or nonfederally  admin-
 45    istered  land  on  which  noxious weeds are present has neglected or failed to
 46    initiate control as required pursuant to this chapter within five (5)  working
 47    days  from receipt of an individual notice given pursuant to this section, the
 48    county having jurisdiction shall have proper  control  methods  used  on  such
 49    land, including necessary destruction of crops, and shall advise the landowner
 50    of  the  cost incurred in connection with such operation. The cost of any such
 51    control shall be at the expense of the landowner. If the costs have  not  been
 52    paid  to  the  control authority within sixty (60) days, the control authority
 53    may direct that suit be brought in a court of competent jurisdiction  for  the
  1    unpaid  charges. On private lands, if unpaid for sixty (60) days or longer the
  2    amount of such expense shall become a lien upon the property;  and  thereafter
  3    the  lien shall be subject to collection by the county by sale of the property
  4    in the same manner as for delinquent taxes. Nothing contained in this  section
  5    shall  be  construed  to require satisfaction of the imposed obligation by the
  6    sale of property or to bar the application of any other available remedy.
  7        (5)  Amounts collected under the  provisions  of  this  section  shall  be
  8    deposited to the noxious weed fund of the county and shall be accounted for as
  9    prescribed  by  the  county  auditor. Disbursements from the noxious weed fund
 10    shall be made only for noxious weed control purposes.
 11        (6)  The county weed superintendent shall:
 12        (a)  Examine all land within the county for  the  purpose  of  determining
 13        whether the provisions of this chapter and rules of the director have been
 14        complied with; and
 15        (b)  Compile  data  and  submit  reports  as  the  director  or county may
 16        require; and
 17        (c)  Implement enforcement action as outlined in this chapter; and
 18        (d)  Consult, advise and provide direction on matters  pertaining  to  the
 19        most effective and most practical methods of noxious weed control; and
 20        (e)  Investigate or aid in the investigation and prosecution of any viola-
 21        tion of the provisions of this chapter; and
 22        (f)  Meet  certification  requirements as prescribed by the regulations of
 23        the director; and
 24        (g)  Make recommendations regarding establishment  of  special  management
 25        zones; and
 26        (h)  Make recommendations regarding establishment of cooperative weed man-
 27        agement areas; and
 28        (ig)  Participate  on  weed  control  advisory  committees  to develop and
 29        implement noxious weed control strategies for cooperative weed  management
 30        areas, at the discretion of the county weed control authority.
 31        SECTION  5.  That  Section 22-2407, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
 33        22-2407.  LANDOWNER AND CITIZEN DUTIES. (1)  It  shall  be  the  duty  and
 34    responsibility  of  all  landowners to control noxious weeds on their land and
 35    property, in accordance with this chapter and with rules and regulations  pro-
 36    mulgated by the director.
 37        (2)  The  cost of controlling noxious weeds shall be the obligation of the
 38    landowner.
 39        (3)  Noxious weed control must be for prevention, eradication, or restora-
 40    tion rehabilitation, control or containment efforts.  However,  areas  may  be
 41    modified  from  the  eradication requirement after the director has determined
 42    them to be unreasonable for short-term eradication and has designated the area
 43    as a special management zone if the landowner is a participant  in  a  county-
 44    approved  weed  management plan or county-approved cooperative weed management
 45    area.
 46        (4)  The landowner shall reimburse the county control authority  for  work
 47    done  because  of failure to comply with a five (5) day notice, as outlined in
 48    section 22-2405, Idaho Code.
 49        (5)  If an article is infested with noxious weeds, it shall not  be  moved
 50    from designated premises until it is treated in accordance with the applicable
 51    regulations  rules,  or in accordance with the written permission of a control
 52    authority.
  1        SECTION 6.  That Section 22-2409, Idaho Code, be, and the same  is  hereby
  2    amended to read as follows:
  3        22-2409.  PENALTIES  FOR  VIOLATIONS. -- PENALTIES. (1) Any person knowing
  4    of the existence of any noxious weeds on lands owned or controlled by him, who
  5    fails to control such weeds in accordance with this chapter or any person  who
  6    intrudes upon any land under quarantine or who moves or causes to be moved any
  7    article  covered by this chapter except as provided or who prevents or threat-
  8    ens to prevent entry upon land as provided in this chapter, or who  interferes
  9    with the carrying out of the provisions of this chapter or who violates any of
 10    the  provisions of this chapter, shall be guilty of a misdemeanor and shall be
 11    subject to a fine not to exceed one thousand dollars ($1,000) or up to one (1)
 12    year in jail or both such fine and imprisonment for each  violation  who  vio-
 13    lates  any  provision  of this chapter, or any rules promulgated hereunder for
 14    carrying out the provisions of this chapter, or who fails or refuses to comply
 15    with any requirements herein specified, or who  interferes  with  the  control
 16    authority  as defined in section 22-2402, Idaho Code, its agents or employees,
 17    in the execution, or on account of the execution of their  duties  under  this
 18    chapter  or  rules promulgated hereunder, shall be guilty of a misdemeanor and
 19    upon conviction thereof, shall be fined not more than three  thousand  dollars
 20    ($3,000)  or  be  imprisoned  in  a  county jail for not more than twelve (12)
 21    months or be subject to both such fine and imprisonment.
 22        (2)  Any person who violates or fails to comply with any provision of this
 23    chapter or any rules promulgated hereunder may be assessed a civil penalty  by
 24    the control authority of not more than ten thousand dollars ($10,000) for each
 25    offense and shall be liable for reasonable attorney's fees.
 26        (a)  Assessment  of  a  civil  penalty may be made in conjunction with any
 27        other administrative action.
 28        (b)  No civil penalty may be assessed unless the person charged was  given
 29        notice  and opportunity for a hearing pursuant to the Idaho administrative
 30        procedure act.
 31        (c)  If the control authority is unable to collect such penalty or if  any
 32        person  fails  to  pay all or a set portion of the civil penalty as deter-
 33        mined by the control authority, it may recover such amount  by  action  in
 34        the appropriate district court.
 35        (d)  Any  person  against  whom the control authority has assessed a civil
 36        penalty under the provisions of this section may, within thirty (30)  days
 37        of the final action by the control authority making the assessment, appeal
 38        the  assessment to the district court of the county in which the violation
 39        is alleged by the control authority to have occurred.
 40        (e)  All civil penalties collected  pursuant  to  this  section  shall  be
 41        remitted  to the applicable fund or account as defined in section 22-2402,
 42        Idaho Code.
 43        (3)  Nothing in this chapter shall be construed as requiring  the  control
 44    authority  to report minor violations for prosecution when the control author-
 45    ity believes that the public interest will be best served by suitable warnings
 46    or other administrative action.
 47        (4)  The director or a control authority may bring an  action  to  enforce
 48    the  provisions  of this chapter, and the penalty provided for under this sec-
 49    tion.
 50        SECTION 7.  That Section 22-2411, Idaho Code, be, and the same  is  hereby
 51    amended to read as follows:
 52        22-2411.  DELEGATION OF AUTHORITY. The director of the department of agri-
  1    culture may delegate in writing its authority, or any part thereof, under this
  2    chapter  to any instrumentality or entity as an agent and servant of the state
  3    whose principal purpose is to establish and maintain a uniform and  reasonable
  4    system  of inspection and certification of crops, plants, plant parts or prod-
  5    ucts thereof. Any agent designated hereunder shall be a servant of  the  state
  6    of  Idaho  and  shall be acting in an official capacity for the state of Idaho
  7    and under the supervision of the director consistent with  this  chapter.  The
  8    delegated instrumentality or entity as agent and servant of the state shall be
  9    an entity of the state of Idaho as provided in the tort claims act, chapter 9,
 10    title  6,  Idaho  Code. The control of noxious aquatic plants in the waters of
 11    state responsibility may be carried out under the general supervision  of  the
 12    department,  county,  local  government,  special district authority, or other
 13    public body.

Statement of Purpose / Fiscal Impact

                   STATEMENT OF PURPOSE

                        RS 15750C1

The current Noxious Weed Law needs to be updated to address new 
plant species that have been found in Idaho and surrounding 
states, and to more effectively deal with existing species with 
potential for out-of-control infestations that can adversely 
impact Idaho lands and waters.  Proposed changes will provide 
clarification to the existing law by adding and defining new 
terms, removing obsolete language, and making available "more 
tools in the toolbox" for county and state weed control entities 
to effectively enforce the law.

                        FISCAL NOTE

There is no fiscal impact to the General Fund or to local 
government funds.  

In rare instances it may be necessary to assess civil penalties 
against violators; any moneys recovered through this process 
would be deposited to the appropriate state or county weed fund.

Name:	Matthew Voile
Agency:	Agriculture, Dept. of
Phone:	(208) 332-8667