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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
]]]] 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
2 RELATING TO NOXIOUS WEEDS; AMENDING SECTION 22-2402, IDAHO CODE, TO DEFINE
3 TERMS AND TO REVISE DEFINITIONS; AMENDING SECTION 22-2403, IDAHO CODE, TO
4 MAKE TECHNICAL CORRECTIONS AND TO REVISE THE DUTIES OF THE DIRECTOR OF THE
5 DEPARTMENT OF AGRICULTURE RELATING TO NOXIOUS WEEDS; AMENDING SECTION
6 22-2404, IDAHO CODE, TO REVISE THE DIRECTOR'S AUTHORIZED POWERS RELATING
7 TO NOXIOUS WEEDS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
8 22-2405, IDAHO CODE, TO REVISE THE DUTIES OF COUNTIES RELATING TO NOXIOUS
9 WEEDS; AMENDING SECTION 22-2407, IDAHO CODE, TO REVISE PROVISIONS RELATING
10 TO THE PURPOSES OF NOXIOUS WEED CONTROL AS IT REGARDS LANDOWNERS AND CITI-
11 ZENS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 22-2409, IDAHO
12 CODE, TO PROVIDE AND REVISE PENALTY PROVISIONS FOR VIOLATIONS; AND AMEND-
13 ING SECTION 22-2411, IDAHO CODE, TO PROVIDE THAT THE CONTROL OF NOXIOUS
14 AQUATIC PLANTS MAY BE CARRIED OUT UNDER THE GENERAL SUPERVISION OF PUBLIC
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:
2
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
3
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:
12 22-2403. ENFORCEMENT OF CHAPTER VESTED IN DIRECTOR -- STATE DUTIES. (1)
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
4
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
5
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
6
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.
7
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-
8
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
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.
CONTACT
Name: Matthew Voile
Agency: Agriculture, Dept. of
Phone: (208) 332-8667
STATEMENT OF PURPOSE/FISCAL NOTE H 594