S-1231

AN ACT Relating to state control of noxious weeds and mosquitos; amending RCW 17.28.010, 17.10.010, and 43.88.180; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that the control of mosquitos and noxious weeds is necessary for the protection of the public health, safety, and welfare. Mosquitos carry diseases which cause sickness or death in humans. Noxious weeds destroy the habitat of many wildlife species including migratory waterfowl and water-dependent mammals. For these purposes, the legislature has adopted rigorous requirements for individual property owners regarding the control of mosquitos and noxious weeds on their land. It is necessary that these same requirements be extended to public lands managed by state agencies in order to insure that the public's health and interest in the environment is fully protected.

Sec. 2. RCW 17.28.010 and 1957 c 153 s 1 are each amended to read as follows:

When used in this chapter, the following terms, words or phrases shall have the following meaning:

(1) "District" means any mosquito control district formed pursuant to this chapter.

(2) "Board" or "district board" means the board of trustees governing the district.

(3) "County commissioners" means the governing body of the county.

(4) "Unit" means all unincorporated territory in a proposed district in one county, regarded as an entity, or each city in a proposed district, likewise regarded as an entity.

(5) "Territory" means any city or county or portion of either or both city or county having a population of not less than one hundred persons.

(6) "Person" means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof.

(7) "Owner" includes but is not limited to state agencies with management control over federal or state public lands.

(8) "State agency" means the state of Washington and any agency, board, commission, department, or similar body of the executive branch of state government.

Sec. 3. RCW 17.10.010 and 1987 c 438 s 1 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 which when established is highly destructive, competitive, or difficult to control by cultural or chemical practices.

(2) "State noxious weed list" means a list of noxious weeds adopted by the state noxious weed control board which list is divided into three classes:

(a) Class A shall consist of those noxious weeds not native to the state that are of limited distribution or are unrecorded in the state and that pose a serious threat to the state;

(b) Class B shall consist of those noxious weeds not native to the state that are of limited distribution or are unrecorded in a region of the state and that pose a serious threat to that region;

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

(4) "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. "Owner" shall also include state agencies with management control over federal or state public lands.

(5) As pertains to the duty of an owner, the words "control", "contain", "eradicate", 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 the state noxious weed control board and an activated county noxious weed control board.

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

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

(8) "Director" means the director of the department of agriculture or the director's appointed representative.

(9) "Weed district" means a weed district as defined in chapters 17.04 and 17.06 RCW.

(10) "State agency" means the state of Washington and any agency, board, commission, department, or similar body of the executive branch of state government.

Sec. 4. RCW 43.88.180 and 1973 1st ex.s. c 100 s 8 are each amended to read as follows:

Appropriations shall not be required for refunds, as provided in RCW 43.88.170, nor in the case of payments other than for administrative expenses or capital improvements to be made from trust funds specifically created by law to discharge awards, claims, annuities and other liabilities of the state. Said trust funds shall include, but shall not be limited to, the accident fund, medical aid fund, retirement system fund, Washington state patrol retirement fund and unemployment trust fund. Appropriations may be required in the case of public service enterprises defined for the purposes of this section as proprietary functions conducted by an agency of the state. An appropriation may be required to permit payment of obligations by revolving funds, as provided in RCW 43.88.190. Appropriations shall not be required to discharge liabilities and obligations arising from the control of noxious weeds pursuant to chapter 17.10 RCW or the control of mosquitos pursuant to chapter 17.28 RCW, and the state agency with primary management control of the property involved shall discharge the liabilities and obligations.