AN ACT Relating to weed control; amending RCW 17.10.010, 17.10.030, 17.10.050, 17.10.060, 17.10.070, 17.10.080, 17.10.090, 17.10.100, 17.10.110, 17.10.120, 17.10.130, 17.10.170, 17.10.180, 17.10.190, 17.10.200, 17.10.235, 17.10.240, and 17.10.270; adding new sections to chapter 17.10 RCW; and repealing RCW 17.10.250.

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 members 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 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: PROVIDED FURTHER, That landowners owning more than one parcel are entitled to one vote. Corporations, partnerships, associations, communes, or marital communities owning property are entitled to one vote. 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~~)) chairperson 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.

Sec. 4. 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 initial employment the weed coordinator shall obtain a pest control consultant license, a pesticide operator license, and the necessary endorsements on the licenses as required by law. 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. 5. 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.

Sec. 6. Section 7, chapter 113, Laws of 1969 ex. sess. as amended by section 4, chapter 13, Laws of 1975 1st ex. sess. and RCW 17.10.070 are each amended to read as follows:

In addition to the powers conferred on the state noxious weed control board under other provisions of this chapter, it shall have power to:

(1) Require the county legislative authority or the noxious weed control board of any county to report to it concerning the presence of noxious weeds and measures, if any, taken or planned for the control thereof;

(2) Employ a state weed ((~~supervisor~~)) coordinator who shall act as executive secretary of the board and who shall disseminate information relating to noxious weeds to county noxious weed control boards and who shall work to coordinate the efforts of the various county and regional noxious weed control boards and weed districts;

(3) Do such things as may be necessary and incidental to the administration of its functions pursuant to this chapter;

(4) Upon receipt of a complaint signed by a majority of the members of an adjacent county weed board, require the county legislative authority or noxious weed board of the county that is the subject of the complaint, to respond to the complaint within forty-five days with a plan for the control of the noxious weeds cited in the complaint.

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 after consultation and approval 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 and 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, (1) adopt a list comprising the names of those plants which ((~~it finds to be injurious to crops, livestock or other property~~)) when established are highly destructive, competitive, or difficult to control by cultural or chemical practices; and (2) a list of noxious weeds and noxious weed seeds which shall be controlled in saleable hay. At ((~~such~~)) the hearing any county noxious weed control board or weed district may request the inclusion of any plant to the lists to be adopted by the state board.

((~~Such~~)) The lists 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.

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 11, chapter 113, Laws of 1969 ex. sess. as amended by section 6, chapter 13, Laws of 1975 1st ex. sess. and RCW 17.10.110 are each amended to read as follows:

A regional noxious weed control board comprising the area of two or more counties may be created as follows:

((~~Either each~~)) The county legislative authority and/or ((~~each~~)) noxious weed control board of two or more counties may, upon a determination that the purpose of this chapter will be served by the creation of a regional noxious weed control board, adopt a resolution providing for a limited merger of the functions of their respective counties noxious weed control boards. Such resolution shall become effective only when a similar resolution is adopted by the other county or counties comprising the proposed regional board.

Sec. 12. Section 12, chapter 113, Laws of 1969 ex. sess. and RCW 17.10.120 are each amended to read as follows:

In any case where a regional noxious weed control board is created, the county noxious weed control boards comprising the regional board shall still remain in existence and shall retain all powers and duties provided for such boards under this chapter ((~~except for the powers and duties described in RCW 17.10.090~~)).

The regional noxious weed control board shall be comprised of the voting members and the nonvoting members of the component counties noxious weed control boards or county legislative authority who shall, respectively, be the voting and nonvoting members of the regional board: PROVIDED, That each county shall have an equal number of voting members. The board may appoint other nonvoting members as deemed 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 board shall elect a ((~~chairman~~)) chairperson from its members and such other officers as may be necessary. Members of the regional board shall serve without salary but shall be compensated for actual and necessary expenses incurred in the performance of their official duties.

Sec. 13. Section 13, chapter 113, Laws of 1969 ex. sess. and RCW 17.10.130 are each amended to read as follows:

The powers and duties of a regional noxious weed control board are as follows:

(1) The regional board shall, within ((~~forty~~)) 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 region~~)) on a regional basis. The weeds thus selected shall ((~~comprise~~)) also be contained in the county noxious weed list of each county in the region.

(2) The regional board shall ((~~render such advice~~)) take such action as may be necessary to coordinate the noxious weed control programs of ((~~the counties within~~)) the region and ((~~the regional board~~)) shall adopt a regional plan for the control of noxious weeds.

NEW SECTION. Sec. 14. A new section is added to chapter 17.10 RCW to read as follows:

Obligations or liabilities incurred by any county noxious weed control board or any claims against a county noxious weed control board shall be governed by chapter 4.96 RCW or RCW 4.08.120: PROVIDED, That elected officials or employees of a county noxious weed control board shall be personally immune from civil liability for damages arising from actions performed within the scope of their official duties or employment, but liability shall remain on the county noxious weed control board for the tortious conduct or contractual obligations of its officials or employees.

Sec. 15. Section 17, chapter 113, Laws of 1969 ex. sess. as last amended by section 1, chapter 118, Laws of 1979 and RCW 17.10.170 are each amended to read as follows:

(1) Whenever the county noxious weed control board finds that noxious weeds are present on any parcel of land, and that the owner thereof is not taking prompt and sufficient action to control the same, pursuant to the provisions of RCW 17.10.140 and 17.10.150, it shall notify ((~~such~~)) the owner that a violation of this chapter exists. ((~~Such~~)) The notice shall be in writing and sent by certified mail, and shall identify the noxious weeds found to be present, order prompt control action, and specify the time, of at least ten days from issuance of the notice, within which the prescribed action must be taken. Upon deposit of the certified letter of notice, the county board shall make an affidavit of mailing which shall be prima facie evidence that proper notice was given. If seed dispersion is imminent, immediate control action may be taken forty-eight hours following the time that notification is reasonably expected to have been received by the owner or agent by certified mail or personal service.

(2) The county board may cause citations to be issued to owners who do not take action to control tansy ragwort in accordance with the notice.

(3) If the owner does not take action to control the noxious weeds in accordance with the notice, the county board may control them, or cause their being controlled, at the expense of the owner. The amount of such expense shall constitute a lien against the property and may be enforced by proceedings on such lien except as provided for by RCW 79.44.060. The owner shall be liable for payment of the expense, and nothing in this chapter shall be construed to prevent collection of any judgment on account thereof by any means available pursuant to law, in substitution for enforcement of the lien. Necessary costs and expenses including attorney's fees incurred by the county board in carrying out this section may be recovered at the same time as a part of the action filed under this section. Funds received in payment for the expense of controlling noxious weeds shall be transferred to the county noxious weed control board to be expended as required to carry out the purposes of this chapter.

(4) The county auditor shall record in his office any lien created under this chapter, and any such lien shall bear interest at the rate of twelve percent per annum from the date on which the county noxious weed control board approves the amount expended in controlling such weeds.

(5) As an alternative to the enforcement of any lien created under subsection (3) of this section, the county legislative authority may by resolution or ordinance require that each such lien created shall be collected by the treasurer in the same manner as a delinquent real property tax, if within thirty days from the date the owner is sent notice of the lien, including the amount thereof, the lien remains unpaid and an appeal has not been made pursuant to RCW 17.10.180. Liens treated as delinquent taxes shall bear interest at the rate of twelve percent per annum and such interest shall accrue as of the date notice of the lien is sent to the owner: PROVIDED, That any collections for such lien shall not be considered as tax.

Sec. 16. Section 18, chapter 113, Laws of 1969 ex. sess. and RCW 17.10.180 are each amended to read as follows:

Any owner, upon request pursuant to the rules and regulation of the county noxious weed control board, shall be entitled to a hearing before the board on any charge or cost for which ((~~such~~)) the owner is alleged to be liable pursuant to RCW 17.10.170 or 17.10.210. The board shall send notice by certified mail, within thirty days, to each owner ((~~residing within the county~~)) at his last known address, as to any such charge or cost and as to his right of a hearing. ((~~If the owner does not reside within the county, such notice shall be sent by certified mail.~~)) The hearing shall be scheduled within forty-five days of notification. Any determination or final action by the board shall be subject to judicial review by a proceeding in the superior court in the county in which the property is located, and such court shall have original jurisdiction to determine any suit brought by the owner to recover damages allegedly suffered on account of control work negligently performed: PROVIDED, That no stay or injunction shall lie to delay any such control work subsequent to notice given pursuant to RCW 17.10.160 or pursuant to an order under RCW 17.10.210.

Sec. 17. Section 19, chapter 113, Laws of 1969 ex. sess. as amended by section 9, chapter 13, Laws of 1975 1st ex. sess. and RCW 17.10.190 are each amended to read as follows:

Each activated county noxious weed control board shall cause to be published annually in at least one newspaper of general circulation within its area a general notice ((~~during the month of March~~)) and at such ((~~other~~)) times as may be appropriate. ((~~Such~~)) The notice shall direct attention to the need for noxious weed control and shall give such other information with respect thereto as may be appropriate, or shall indicate where such information may be secured. In addition to the general notice required hereby, the county noxious weed control board may use any appropriate media for the dissemination of information to the public as may be calculated to bring the need for noxious weed control to the attention of owners. The board may consult with individual owners concerning their problems of noxious weed control and may provide them with information and advice, including giving specific instructions and methods when and how certain named weeds are to be controlled. Such methods may include definite systems of tillage, cropping, management, and use of livestock. Publication of a notice as required by this section shall not be a condition precedent to the enforcement of this chapter.

Sec. 18. Section 20, chapter 113, Laws of 1969 ex. sess. as amended by section 3, chapter 118, Laws of 1979 and RCW 17.10.200 are each amended to read as follows:

(1) In the case of land owned by the United States on which control measures of a type and extent required pursuant to this chapter have not been taken, the county noxious weed control board, with the approval of ((~~both~~)) the director of the department of agriculture ((~~and the appropriate federal agency~~)), may perform, or cause to be performed, such work. The cost thereof, if not paid by the agency managing the land, ((~~shall be a state charge and~~)) may be paid from any funds available to the department of agriculture or the county noxious weed control board for the administration of this chapter.

(2) The county noxious weed control board is authorized to enter into any reasonable agreement with the appropriate authorities for the control of noxious weeds on Indian or federal lands.

(3) The state shall make all possible efforts to obtain reimbursement from the federal government for costs incurred under this section: PROVIDED, That the state shall actively seek to inform the federal government of the need for noxious weed control on federally owned land where the presence of noxious weeds adversely affects local control efforts: PROVIDED FURTHER, That the state shall actively seek adequate federal funding for noxious weed control on federally owned land.

Sec. 19. 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. 20. Section 24, chapter 113, Laws of 1969 ex. sess. as amended by section 10, chapter 13, Laws of 1975 1st ex. sess. and RCW 17.10.240 are each amended to read as follows:

((~~(1)~~)) The activated county weed control boards of each county shall annually submit a budget to the county legislative authority for the operating cost of the county's weed program for the ensuing fiscal year: PROVIDED, That if the board finds the budget approved by the legislative authority is insufficient for an effective county noxious weed control program it shall forthwith petition the county legislative authority to hold a hearing as provided in section 22 of this 1985 act. Control of weeds is a special benefit to the lands within any such district. Funding for the budget shall be derived from either or both of the following:

(1) The county legislative authority may, in lieu of a tax, levy an assessment against the land for this purpose. Prior to the levying of an assessment the county weed control board shall hold a public hearing at which it shall gather information to serve as a basis for classification and shall then classify the lands into suitable classifications, including but not limited to dry lands, range lands, irrigated lands, nonuse lands, or federal lands. The board shall develop and forward to the county legislative authority, as a proposed level of assessment for each class, such an amount as shall seem just((~~, but which shall be uniform per acre in its respective class~~)). The assessment rate shall be either uniform per acre in its respective class or a flat per parcel rate plus a uniform rate per acre: PROVIDED, That if no special benefits should be found to accrue to a class of land, a zero assessment may be levied. The legislative authority, upon receipt of the proposed levels of assessment from the board, after a hearing, shall accept, modify, or refer back to the board for ((~~their~~)) its reconsideration all or any portion of the proposed levels of assessment. The findings by the county legislative authority of such special benefits, when so declared by resolution and spread upon the minutes of said authority shall be conclusive as to whether or not the same constitutes a special benefit to the lands within the district((.)); or

(2) ((~~In addition,~~)) The county legislative authority may appropriate money from the county general fund necessary for the administration of the county noxious weed control program. In addition the county legislative authority may make emergency appropriations as it deems necessary for the implementation of this chapter.

((~~(3)~~)) Neither the legislative authority of a county nor the county weed control board activated in a county shall expend money from the county general fund or assessments levied for the operation of such activated county weed control board on any lands within the boundaries of any Indian reservation unless the tribal council of such reservation contracts with the legislative authority of the county and its activated weed control board to carry out its program on such reservation lands: PROVIDED, That the fees charged any Indian reservation for services rendered by the weed control board in controlling weeds on Indian reservation lands shall be no less than the fees assessed land owners of similar lands within the county jurisdiction of such activated weed control board.

Sec. 21. Section 5, chapter 143, Laws of 1974 ex. sess. and RCW 17.10.270 are each amended to read as follows:

Each noxious weed control board ((~~may purchase~~)) shall obtain liability insurance and/or surety bonds with such limits as they may deem reasonable for the purpose of protecting their officials and employees against liability for personal or bodily injuries and property damage arising from their acts or omissions while performing or in good faith purporting to perform their official duties.

NEW SECTION. Sec. 22. A new section is added to chapter 17.10 RCW to read as follows:

The following procedures shall be followed to deactivate a county noxious weed control board:

(1) The county legislative authority shall hold a hearing to determine whether there continues to be a need for an activated county noxious weed control board if: (a) A petition is filed by one hundred landowners each owning one acre or more of land within the county, or (b) a petition is filed by a majority of the voting members of the county noxious weed control board as provided in RCW 17.10.240, or (c) the county legislative authority passes a motion to this effect. Except as provided in subsection (4) of this section, the hearing shall be held within sixty days of (a), (b), or (c) of this subsection.

(2) If, after hearing, the county legislative authority determines that a need exists for a county noxious weed control board, the board shall continue to exist.

(3) If, after hearing, the county legislative authority determines that no need exists for a county noxious weed control board, the county legislative authority shall provide for an election to be conducted in a like manner as that required for the election of board members under the provisions of this chapter.

(4) The county legislative authority shall not convene a hearing provided in subsection (2) of this section more frequently than once a year.

NEW SECTION. Sec. 23. Section 25, chapter 113, Laws of 1969 ex. sess., section 11, chapter 13, Laws of 1975 1st ex. sess. and RCW 17.10.250 are each repealed.