SENATE BILL REPORT

                                    SB 5614

          AS REPORTED BY COMMITTEE ON AGRICULTURE & WATER RESOURCES,

                                 MARCH 5, 1991

Brief Description:  Providing for mosquito and weed control.

SPONSORS:Senators Hansen, Barr and Bailey.

SENATE COMMITTEE ON AGRICULTURE & WATER RESOURCES

Majority Report:  Do pass and be referred to Committee on Ways & Means.

      Signed by Senators Barr, Chairman; Anderson, Vice Chairman; Bailey, Conner, Gaspard, Hansen, and Newhouse. 

Staff:  Steve Nelsen (786‑7535)

Hearing Dates:February 22, 1991; March 5, 1991

BACKGROUND:

Mosquitos and noxious weeds often pose serious threats to human health and the environment.  Owners of property which is a source of mosquito or weed infestation are required by law to correct the problem.  If they fail to do so after receiving notice of the infestation, local mosquito and weed control districts are authorized to enter the property, remove the public danger, and bill the landowner for the cost.

The largest landowner in the state is the state itself.  Often, public lands under state management are sources of mosquito and weed infestation.  However, local mosquito and weed control districts lack clear authority to treat the state in the same manner as they treat private landowners.

SUMMARY:

"Owner" in the statutory provisions relating to mosquito and noxious weed control districts is clearly defined to include state agencies with management control over federal or state public lands.  Appropriations are not required for the agency with primary management control of the property to discharge liabilities arising from local control of mosquitos or noxious weeds.

Appropriation:  none

Revenue:  none

Fiscal Note:  available

TESTIMONY FOR:

When the state is the owner of land, it should be subject to the same duties and penalties as private landowners with respect to the control of noxious weeds and mosquitoes.

TESTIMONY AGAINST:  None

TESTIFIED:  Ann Morgan, DNR