AN ACT Relating to weed control; amending RCW 17.10.010, 17.10.030, 17.10.050, 17.10.060, 17.10.080, 17.10.090, 17.10.100, 17.10.235, 17.04.070, and 17.06.050; and adding new sections to chapter 17.10 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 1, chapter 113, Laws of 1969 ex. sess. as amended by section 1, chapter 13, Laws of 1975 1st ex. sess. and RCW 17.10.010 are each amended to read as follows:

Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings:

(1) "Noxious weed" means any plant ((growing in a county which is determined by the state noxious weed control board to be injurious to crops, livestock, or other property and which is included for purpose of control on such county's noxious weed list)) which when established is highly destructive, competitive, or difficult to control by cultural or chemical practices.

(2) "Person" means any individual, partnership, corporation, firm, the state or any department, agency, or subdivision thereof, or any other entity.

(3) "Owner" means the person in actual control of property, or his agent, whether such control is based on legal or equitable title or on any other interest entitling the holder to possession and, for purposes of liability, pursuant to RCW 17.10.170 or 17.10.210, means the possessor of legal or equitable title or the possessor of an easement: PROVIDED, That when the possessor of an easement has the right to control or limit the growth of vegetation within the boundaries of an easement, only the possessor of such easement shall be deemed, for the purpose of this chapter, an "owner" of the property within the boundaries of such easement.

(4) As pertains to the duty of an owner, the word "control" and the term "prevent the spread of noxious weeds" shall mean conforming to the standards of noxious weed control or prevention adopted by rule or regulation by an activated county noxious weed control board.

(5) "Agent" means any occupant or any other person acting for the owner and working or in charge of the land.

(6) "Agricultural purposes" are those which are intended to provide for the growth and harvest of food and fiber.

Sec. 2. Section 3, chapter 113, Laws of 1969 ex. sess. as amended by section 23, chapter 34, Laws of 1975-'76 2nd ex. sess. and RCW 17.10.030 are each amended to read as follows:

There is hereby created a state noxious weed control board which shall be comprised of ((~~six~~)) nine members((~~, three to~~)). Four of the members shall be elected by the members of the various activated county noxious weed control boards((~~. Three of the members of such board~~)), shall be residents of a county in which a county noxious weed control board has been activated and a member of said board, and be engaged in primary agricultural production at the time of their election and ((~~such~~)) those qualifications shall continue through their term of office. ((~~One such~~)) Two primary agricultural producer members shall be elected from the west side of the state, the crest of the Cascades being the dividing line, and two from the east side of the state. The director of agriculture shall be a member of the board, and the director of the agricultural extension service shall be a nonvoting member of the board. ((~~The elected members of the board shall appoint one member of the board who may be an expert in the field of weed control.~~)) One member shall be elected by the directors of the various active weed districts formed under chapter 17.04 or 17.06 RCW. The director shall appoint two members of county legislative authorities recommended by the Washington association of counties, one from the west side and one from the east side of the state. The term of office for all elected members and the appointed members of the board shall be three years from their date of election or appointment.

The director of agriculture shall provide for an election of the first members of the state noxious weed control board. ((Such election shall not take place sooner than six months nor later than twelve months after one county noxious weed control board has been activated on the west side of the Cascade mountains and two such county noxious weed boards have been activated on the east side of the Cascade mountains. The first board members elected to the state noxious weed control board shall serve staggered terms as follows:

(1) The board member representing the west side of the state on the activated county noxious weed control board as primary agricultural producer, shall be appointed for a term of one year and shall be designated "Position No. 1".

~~(2) The two board members representing the east side of the state shall be appointed to terms of two and three years and shall be designated respectively as positions "No. 2" and "No. 3".~~

~~(3) The member of the board subsequently appointed by the elected members shall be appointed for a three year term and shall be designated "Position No. 4".~~

(4) The director of agriculture and the director of agricultural extension service shall serve so long as they are vested with their respective titular positions, and their positions shall be "No. 5" and "No. 6" respectively.)) The director, by rule, shall establish a position number for each member of the board and shall designate which county noxious weed control board members are eligible to vote for each elected position. The elected members shall serve staggered terms.

Elections for the elected members of the board shall be held thirty days prior to the expiration date of their respective terms.

Nominations and elections shall be by mail and conducted by the director of agriculture.

The board shall conduct its first meeting within thirty days after all its members have been elected. The board shall elect from its members a chairman and such other officers as may be necessary. A majority of the voting members of the board shall constitute a quorum for the transaction of business and shall be necessary for any action taken by the board. The members of the board shall serve without salary, but shall be reimbursed for travel expenses incurred in the performance of their duties under this chapter in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.

Sec. 3. Section 5, chapter 113, Laws of 1969 ex. sess. as last amended by section 1, chapter 95, Laws of 1980 and RCW 17.10.050 are each amended to read as follows:

(1) Each activated county noxious weed control board shall consist of five voting members who shall, at the board's inception, be appointed by the county legislative authority and elected thereafter by the property owners subject to the board in accordance with section 4 of this 1986 act. In appointing such voting members, the county legislative authority shall divide the county into five sections, none of which shall overlap and each of which shall be of the same approximate area, and shall appoint a voting member from each section. At least four of such voting members shall be engaged in the primary production of agricultural products. There shall be one nonvoting member on such board who shall be the chief county extension agent or an extension agent appointed by the chief county extension agent. Each voting member of the board shall serve a term of two years, except that ((~~(1)~~)) the county legislative authority shall, when a board is first activated under this chapter, designate two voting members to serve terms of one year((; (2) the terms of incumbent board members may be shortened or extended by the board if the board, in order to provide for a more convenient election date, makes a substantial change in the date for elections and if the board obtains the prior approval of the state noxious weed control board for the changes in election dates and in the terms of incumbent board members)). The board members shall not receive a salary but shall be compensated for actual and necessary expenses incurred in the performance of their official duties.

(2) The elected members of the board shall represent the same districts designated by the county legislative authority in appointing members to the board at its inception. ((~~Members of the board shall be elected at least thirty days prior to the expiration of any board member's term of office.~~

The nomination and election of elected board members shall be conducted by the board at a public meeting held in the section where board memberships are about to expire: PROVIDED, That such nominations and elections may be held in another section of the county at the request of the county board and subject to approval by the state weed board. Elections at such meetings shall be by secret ballot, cast by the landowners residing in the section where an election for a board member is being conducted. The nominee receiving the majority of votes cast shall be deemed elected, and if there is only one nomination, said nominee shall be deemed elected unanimously.

Notice of such nomination and election meeting shall be published at least twice in a weekly or daily newspaper of general circulation in said section with last publication occurring at least ten days prior to the meeting.))

(3) Within thirty days after all the members have been appointed, the board shall conduct its first meeting. A majority of the voting members of the board shall constitute a quorum for the transaction of business and shall be necessary for any action taken by the board. The board shall elect from its members a chairman and such other officers as may be necessary.

(4) In case of a vacancy occurring in any elected position on a county noxious weed control board, the county legislative authority of the county in which such board is located shall appoint a qualified person to fill the vacancy for the unexpired term.

NEW SECTION. Sec. 4. A new section is added to chapter 17.10 RCW to read as follows:

(1) The purpose of this section is to place county noxious weed control board elections in substantial conformance with general election law for nonpartisan primaries and elections, while retaining differing requirements for eligibility to vote.

(2) A general election shall be held for activated county noxious weed control boards at each state general election. The county auditor shall conduct elections for the county weed board in conformance with general election law as it applies to nonpartisan elections, except as provided in this section.

Each county weed board shall prepare and maintain a list of presumed eligible voters for the board, and shall forward a copy of this list, and any updated list, to the county auditor. The auditor may make deletions or additions to this list of presumed eligible voters as he or she sees fit.

Ballots for noxious weed control board elections shall be separate from ballots for other elections. Any person who appears at his or her polling place during a weed board election, whose name appears on the list of presumed eligible voters, or who in the opinion of the election officials presents sufficient documentation to establish his or her eligibility to vote, shall be given a noxious weed control board ballot and allowed to vote.

(3) Voting by absentee ballot shall be allowed as provided in this section. Any person who is on the list of presumed eligible voters of a county noxious weed control board may request and receive an absentee ballot by mail or in person at the county auditor's office. A person who presents documentation that in the opinion of the auditor is sufficient to establish his or her eligibility to vote also shall receive an absentee ballot. Voting by absentee ballot shall otherwise be governed by the provisions of chapter 29.36 RCW.

(4) Primaries shall be held as applicable to select two candidates for the general election ballot in the manner provided in chapter 29.21 RCW, except the primary shall be held as needed for a general election held annually. Declarations of candidacy shall be filed as required by RCW 29.18.025, 29.18.030, and 29.18.050 and shall be governed by the other provisions of Title 29 RCW not in conflict with this section and RCW 17.10.050. Each person who files a declaration of candidacy for membership on a county noxious weed control board shall be engaged in the primary production of agricultural products.

(5) The term of office of each elected voting member of a county noxious weed control board shall begin on the first day of January following his or her election and qualification. In the case of a person who is such a member of a board on the effective date of this act and whose term of office would otherwise expire before the end of the calendar year of the year the term expires, the term of office of such a person is hereby extended to the end of that calendar year.

Sec. 5. Section 6, chapter 113, Laws of 1969 ex. sess. and RCW 17.10.060 are each amended to read as follows:

(1) Each activated county noxious weed control board may employ a weed ((~~inspector~~)) coordinator whose duties shall be fixed by the board but which shall include inspecting land to determine the presence of noxious weeds. Within sixty days from the initial employment of a weed coordinator hired after the effective date of this 1986 act, the weed coordinator shall obtain a pest control consultant license or a pesticide operator license. A person employed by such a board as a weed coordinator or inspector on the effective date of this 1986 act shall obtain such a license within sixty days of the effective date of this 1986 act as a condition of that continued employment. Each board may purchase, rent or lease such equipment, facilities or products and may hire such additional persons as it deems necessary for the administration of the county's noxious weed control program.

(2) Each activated county noxious weed control board shall have the power to adopt such rules and regulations, subject to notice and hearing as provided in chapters 42.30 and 42.32 RCW as now or hereafter amended, as are necessary for an effective county weed control or eradication program.

NEW SECTION. Sec. 6. A new section is added to chapter 17.10 RCW to read as follows:

The county noxious weed board may seek the assistance of the county prosecuting attorney who has the legal authority to assist the board in enforcing this chapter.

NEW SECTION. Sec. 7. A new section is added to chapter 17.10 RCW to read as follows:

In addition to the powers conferred on the director of the department of agriculture under other provisions of this chapter, the director, with the consent of the state noxious weed control board, has the authority to allocate funds appropriated to the department for cost share and financial aid programs in the counties with activated county noxious weed control boards or weed districts.

Sec. 8. Section 8, chapter 113, Laws of 1969 ex. sess. as amended by section 5, chapter 13, Laws of 1975 1st ex. sess. and RCW 17.10.080 are each amended to read as follows:

The state noxious weed control board shall each year or more often, following a hearing, adopt by rule in accordance with chapter 34.04 RCW, a list comprising the names of those plants which it finds to be ((~~injurious to crops, livestock or other property~~)) noxious weeds and a list of noxious weed seeds and toxic noxious weeds that will be controlled in salable hay. At ((~~such~~)) the hearing any county noxious weed control board or weed district may request the inclusion of any plant to the list to be adopted by the state board.

((~~Such~~)) The list when adopted shall be designated as the "((~~proposed~~)) noxious weed list((",))," and the state board shall send a copy of the ((~~same~~)) list to each activated county noxious weed control board, to each regional noxious weed control board and weed district, and to the county legislative authority of each county with an inactive noxious weed control board. The lists shall include the board's reasons for including each plant or seed listed.

Sec. 9. Section 9, chapter 113, Laws of 1969 ex. sess. and RCW 17.10.090 are each amended to read as follows:

Each county noxious weed control board and weed district shall, within thirty days of the receipt of the ((~~proposed~~)) noxious weed list from the state noxious weed control board and following a hearing, select those weeds from the ((~~proposed~~)) list which it finds necessary to be controlled in the county. The weeds thus selected shall be classified within this county as noxious weeds, and ((~~such~~)) those weeds shall comprise the county noxious weed list.

Sec. 10. Section 10, chapter 113, Laws of 1969 ex. sess. and RCW 17.10.100 are each amended to read as follows:

Where any of the following occur, the state noxious weed control board may, following a hearing, order any county noxious weed control board or weed district to include a ((~~proposed~~)) noxious weed from the state board's list in the county's noxious weed list:

(1) Where the state noxious weed control board receives a petition from at least one hundred landowners owning one acre or more of land within the county requesting that ((~~such~~)) the weed be listed.

(2) Where the state noxious weed control board receives a request for such inclusion from an adjacent county's noxious weed control board or weed district, which board or district has included ((~~such~~)) that weed in the county list and which board or weed district alleges that its noxious weed control program is being hampered by the failure to include ((~~such~~)) the weed on the county's noxious weed list.

Sec. 11. Section 4, chapter 118, Laws of 1979 and RCW 17.10.235 are each amended to read as follows:

(1) Any person who knowingly sells hay containing viable ((~~tansy ragwort seed~~)) noxious weed seeds designated by the state noxious weed control board in sufficient amounts to create a hazard of the spread of ((~~tansy ragwort~~)) noxious weeds by seed, and any person who knowingly sells hay containing ((~~tansy ragwort~~)) toxic noxious weeds in sufficient amounts to be injurious to the health of the animal that consumes it, is guilty of a misdemeanor.

(2) The director of agriculture shall adopt rules establishing the amount of ((~~tansy ragwort seed~~)) designated noxious weed seeds or ((~~tansy ragwort~~)) toxic noxious weeds in hay that constitutes a violation of subsection (1) of this section. The department of agriculture shall, upon request of the buyer, inspect hay and charge fees, in accordance with chapter 22.09 RCW, to determine the presence of ((~~tansy ragwort~~)) designated noxious weed seeds.

Sec. 12. Section 4, chapter 125, Laws of 1929 as last amended by section 15, chapter 292, Laws of 1971 ex. sess. and RCW 17.04.070 are each amended to read as follows:

(1) If the board of county commissioners establish such district it shall call a special meeting to be held within such district for the purpose of electing three directors for such district. No person shall be eligible to hold the office of director who is not a qualified elector of the state of Washington and a resident and landowner within such district. Such meeting shall be held not less than thirty nor more than ninety days from the date when such district is established by such board.

Notice of such meeting shall be given by the county auditor by publication once a week for three successive weeks in a newspaper of general circulation in such district, and by posting such notice for not less than ten days before the date fixed for such meeting in three public places within the boundaries of such district. The notices shall state the object of the meeting and the time and place when the same shall be held.

At the time and place fixed for the meeting the county commissioner in whose commissioner district such district is located shall act as chairman and call the meeting to order. The chairman shall appoint two persons to assist him in conducting the election, one of whom shall act as clerk. If such county commissioner be not present the electors of such district then present shall elect a chairman of the meeting.

Every person who is a landowner within such district and a qualified elector of the state of Washington shall be entitled to vote at such meeting. Any person offering to vote may be challenged by any legally qualified elector of such district, and the chairman of such meeting shall thereupon administer to the person challenged an oath in substance as follows: "You do swear (or affirm) that you are a citizen of the United States and a qualified elector of the state of Washington and an owner of land within the boundaries of weed district No. ..... of .......... county (giving number of district and name of county)." If the challenged person shall take such oath or make such affirmation, he shall be entitled to vote; otherwise his vote shall not be received. Any person making a false oath, or affirmation, or any person illegally voting at such meeting, shall be punished as provided in the general election laws of the state for illegal voting.

The vote shall be by secret ballot, on white paper of uniform size and quality, of such arrangement that when names are written thereon, the same may be folded so as not to disclose the names. The elector shall write the names of three persons that he desires as the first directors of such district and shall fold his ballot and hand the same to the chairman of the meeting who shall deposit it in a ballot box provided for that purpose. The clerk shall thereupon write the name of such person on a list as having voted at such election. After all persons present and entitled to vote have voted, the chairman shall declare the election closed, and shall, with the assistance of the clerk and the other person appointed as assistant, proceed to count the ballots. The person receiving the greatest number of votes shall be elected as director for a term ending three years from the first Monday in March following his election; the person receiving the second greatest number of votes shall be elected for a term ending two years from the first Monday in March following his election, and the person receiving the third greatest number of votes shall be elected for a term ending one year from the first Monday of March following his election.

((Annually thereafter, there shall be held a meeting of the electors of such district on the last Monday in February, except that the directors may, by giving the same notice as is required for the initial meeting, fix an earlier time for the annual meeting on any nonholiday during the months of December, January or February. At such meeting one director shall be elected to succeed the director whose term will expire on the first Monday in March following. The directors shall call the annual meeting, and shall fix the time and place where the same shall be held and shall give the same notice thereof as provided for the initial meeting. The annual meeting shall be conducted in the same manner as is provided for the initial meeting, and)) The qualifications of electors at ((~~such~~)) subsequent annual ((~~meeting~~)) elections shall be the same as is required for the initial meeting. ((~~In conducting directors' elections, the chairman may accept nominations from the floor but voting shall not be limited to those nominated.~~))

(2) After the initial directors of a weed district have been elected and qualified, primaries and general elections for electing directors shall be conducted in the manner prescribed by RCW --- (section 4 of H-4652/86) for electing members of a county noxious weed control board. The provisions of that section, including but not limited to those regarding qualifications of candidates and terms of office, shall apply in each regard to primaries and general elections for weed districts. For the purposes of this subsection, the terms "county noxious weed control board" and "county weed board" as used in RCW --- (section 4 of H-4652/86) shall be construed to mean a weed district.

(3) All directors shall hold office for the term for which they are elected, and until their successors are elected and qualified. In case of a vacancy occurring in the office of any director, the county commissioners of the county in which such district is located shall appoint a qualified person to fill the vacancy for the unexpired term. The board of directors shall elect one of its members chairman and may appoint a secretary who need not be a member of the board, and who shall be paid such compensation as the board may determine. Each director shall furnish a bond in the sum of one thousand dollars, which may be a surety company bond or property bond approved by the board of county commissioners, which bond shall be filed with the county commissioners and shall be conditioned for the faithful discharge of his duties. The cost of such bond shall be paid by the district the same as other expenses of the district. At any annual meeting the method for destroying, preventing and exterminating weeds of such district as set forth in the petition, and the rules and regulations adopted by such district, may be changed by a majority vote of the qualified electors present at such meeting, or a special meeting may be called for that purpose, notice of which meeting and of such proposed changes to be voted on, shall be given to all landowners residing within the district by mailing a copy of such notice and of such proposed changes to the address of such landowner at least one week before the date fixed for such special meeting. The qualified electors of any weed district, at any annual meeting, may make other weeds that are not on the petition subject to control by the weed district by a two-thirds vote of the electors present: PROVIDED, That said weeds have been classified by the agricultural experiment station of Washington State University as noxious and: PROVIDED FURTHER, That the directors of the weed district give public notice in the manner required for initial meetings of the proposed new control of said weeds by the weed district.

Sec. 13. Section 5, chapter 205, Laws of 1959 as amended by section 16, chapter 292, Laws of 1971 ex. sess. and RCW 17.06.050 are each amended to read as follows:

(1) If the respective boards of county commissioners establish such district the chairman of the principal board shall call a special meeting of landowners to be held within such district for the purpose of electing three directors for such district. No person shall be eligible to hold the office of director who is not a qualified elector of the state of Washington and a resident and landowner within such district. Such meeting shall be held not less than thirty nor more than ninety days from the date when such district is established.

Notice of such meeting shall be given by the principal county auditor by publication once a week for three successive weeks in a newspaper of general circulation in such district, and by posting such notice for not less than ten days before the date fixed for such meeting in three public places within the boundaries of such district. The notices shall state the object of the meeting and the time and place when the same shall be held.

At the time and place fixed for the meeting the chairman shall appoint two persons to assist him in conducting the election, one of whom shall act as clerk. If such chairman be not present the electors of such district then present shall elect a chairman of the meeting.

Every person who is a landowner within such district and a qualified elector of the state of Washington shall be entitled to vote at such meeting. Any person offering to vote may be challenged by any legally qualified elector of such district, and the chairman of such meeting shall thereupon administer to the person challenged an oath in substance as follows: "You do swear (or affirm) that you are a citizen of the United States and a qualified elector of the state of Washington and an owner of land within the boundaries of weed district No. ..... (giving number of district)." If the challenged person shall take such oath or make such affirmation, he shall be entitled to vote; otherwise his vote shall not be received. Any person making a false oath, or affirmation, or any person illegally voting at such meeting, shall be punished as provided in the general election laws of the state for illegal voting.

((Annually thereafter, there shall be held a meeting of the electors of such district on the first Monday in February. At such meeting one director shall be elected to succeed the director whose term will expire on the first Monday in March following. The directors shall call the annual meeting, and shall fix the time when and place where the same shall be held and shall give the same notice thereof as provided for the initial meeting. The annual meeting shall be conducted in the same manner as is provided for the initial meeting, and)) The qualifications of electors at ((~~such~~)) subsequent annual ((~~meeting~~)) elections shall be the same as is required for the initial meeting.

(2) After the initial directors of an intercounty weed district have been elected and qualified, primaries and general elections for electing directors shall be conducted in the manner prescribed by RCW --- (section 4 of H-4652/86) for electing members of a county noxious weed control board. The provisions of that section, including but not limited to those regarding qualifications of candidates and terms of office, shall apply in each regard to primaries and general elections for intercounty weed districts. For the purposes of this subsection, the terms "county noxious weed control board" and "county weed board" as used in RCW --- (section 4 of H-4652/86) shall be construed to mean an intercounty weed district.

At any annual meeting the method for destroying, preventing and exterminating weeds of such district as set forth in the petition, and the rules and regulations adopted by such district, may be changed by a majority vote of the qualified electors present at such meeting, or a special meeting may be called for that purpose, notice of which meeting and of such proposed changes to be voted on, shall be given to all landowners residing within the district by mailing a copy of such notice and of such proposed changes to the address of such landowner at least one week before the date fixed for such special meeting.