HOUSE BILL REPORT

SB 6353

BYSenators Barr and Hansen; by request of Department of Agriculture

Revising provisions for the horticultural pest and disease board.

House Committe on Agriculture & Rural Development

Majority Report:  Do pass as amended.  (10)

      Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Nealey, Ranking Republican Member; Chandler, Grant, Jesernig, Kirby, McLean, Rasmussen and Youngsman.

House Staff:Kenneth Hirst (786-7105)

AS REPORTED BY COMMITTEE ON AGRICULTURE & RURAL DEVELOPMENT

FEBRUARY 23, 1990

BACKGROUND:

State law permits the county commissioners of a county to create a horticultural pest and disease board.  Such a board is made up of the director of the Department of Agriculture and four members appointed by the county commissioners.  The chief county extension agent, or the agent's representative, serves as a nonvoting member of the board.

Among the authorities of such a board is the power to require the owner of land to control and prevent the spread of horticultural pests and diseases on the owner's land.  If the owner fails to perform the required work, the board may perform that work or cause it to be performed. The expense of the work is charged to the landowner.

SUMMARY:

BILL AS AMENDED:  The circumstances are identified under which an action may be taken by a county horticultural pest and disease board to destroy infested plants without the consent of the owner of the land on which the plants are located.

The board may petition the superior court of the county for an order directing the landowner to show cause why the plants should not be destroyed at the owner's expense and for an order authorizing the destruction. The board may file such a petition if the board determines that the actions it has taken have not been effective in controlling or preventing the spread of the pests or diseases or it determines that no reasonable measures other than the destruction of the plants will achieve that result.  The petition must request an order directing the landowner to appear and show cause.  The order to show cause and the petition must be served on the landowner not less than 5 days before the hearing date specified in the order in the same manner as a summons and complaint.

If the landowner fails to appear or fails to show by competent evidence that the pest or disease has been controlled, the court must authorize the board to destroy the plants at the owner's expense.

If this procedure is followed, no action for damages for the destruction of the plants lies against the board, its officers or agents, or the county.

AMENDED BILL COMPARED TO ORIGINAL:  The amendment clarifies that the removal or destruction or both removal and destruction of plants may be ordered.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Mike Schwisow, Department of Agriculture.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    The horticulture board for Yakima County was sued over an action taken by the board requiring the removal of infested trees.  This bill involves the courts before any action is taken.

House Committee - Testimony Against:      None.