S-1242.3 _______________________________________________
SUBSTITUTE SENATE BILL 5281
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Senate Committee on Agriculture & Environment (originally sponsored by Senators Morton, Rasmussen and Stevens; by request of Department of Agriculture)
Read first time 02/14/97.
AN ACT Relating to noxious weeds; amending RCW 17.10.905, 17.10.010, 17.10.020, 17.10.030, 17.10.040, 17.10.050, 17.10.060, 17.10.070, 17.10.074, 17.10.080, 17.10.090, 17.10.100, 17.10.110, 17.10.120, 17.10.130, 17.10.134, 17.10.140, 17.10.145, 17.10.154, 17.10.160, 17.10.170, 17.10.180, 17.10.190, 17.10.205, 17.10.210, 17.10.235, 17.10.240, 17.10.250, 17.10.300, 17.10.310, 17.10.350, 17.10.890, and 17.10.900; adding new sections to chapter 17.10 RCW; recodifying RCW 17.10.905; and repealing RCW 17.10.005, 17.10.150, 17.10.200, 17.10.320, 17.10.330, and 17.10.340.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 17.10.905 and 1975 1st ex.s. c 13 s 17 are each amended to read as follows:
The
purpose of this chapter is to limit economic loss ((due to the presence and
spread of noxious weeds on or near agricultural land)) and adverse
effects to Washington's agricultural, natural, and human resources due to the
presence and spread of noxious weeds on all terrestrial and aquatic areas in
the state.
The intent of the legislature is that this chapter be liberally construed, and that the jurisdiction, powers, and duties granted to the county noxious weed control boards by this chapter are limited only by specific provisions of this chapter or other state and federal law.
Sec. 2. RCW 17.10.010 and 1995 c 255 s 6 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))
The definitions in this section apply throughout this chapter unless the
context clearly requires otherwise:
(1)
"Noxious weed" means ((any)) a plant ((which)) that
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)). The list is
divided into three classes:
(a)
Class A ((shall)) consists 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)) consists 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;
(c)
Class C ((shall)) consists of any other noxious weeds.
(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 or
her agent, whether ((such)) the 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)) the easement ((shall be)) is
deemed, for the purpose of this chapter, an "owner" of the property
within the boundaries of ((such)) the easement.
(5)
As pertains to the duty of an owner, the words "control",
"contain", "eradicate", and the term "prevent the
spread of noxious weeds" ((shall)) means conforming to the
standards of noxious weed control or prevention in this chapter or as
adopted by rule ((or regulation)) in chapter 16-750 WAC 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)) that 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) "Aquatic noxious weed" means an aquatic plant species that is listed on the state weed list under RCW 17.10.080.
(11) "Screenings" means a mixture of mill or elevator run mixture or a combination of varying amounts of materials obtained in the process of cleaning either grain or seeds, or both, such as light or broken grain or seed, weed seeds, hulls, chaff, joints, straw, elevator dust, floor sweepings, sand, and dirt.
Sec. 3. RCW 17.10.020 and 1969 ex.s. c 113 s 2 are each amended to read as follows:
(1)
In each county of the state there is ((hereby)) created a noxious weed
control board, ((which shall)) bearing the name of the county
within which it is located. The jurisdictional boundaries of each board ((shall
be coextensive with)) are the boundaries of the county within which
it is located.
(2)
Each noxious weed control board ((shall be)) is inactive until
activated pursuant to the provisions of RCW 17.10.040.
Sec. 4. RCW 17.10.030 and 1987 c 438 s 2 are each amended to read as follows:
There
is ((hereby)) created a state noxious weed control board ((which
shall be)) comprised of nine voting members and three nonvoting members.
Four of the voting members shall be elected by the members of the
various activated county noxious weed control boards, and shall be residents
of a county in which a county noxious weed control board has been activated and
a member of said board, and those qualifications shall continue through their
term of office. Two ((such)) of these 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)) is a voting member of the board. One voting
member shall be elected by the directors of the various active weed districts
formed under chapter 17.04 or 17.06 RCW. The Washington state association of
counties ((shall)) appoints one voting member who shall be a
member of a county legislative authority. ((The director shall appoint
three nonvoting members representing scientific disciplines relating to weed
control.)) The director shall ((also)) appoint two voting members
to represent the public interest, one from the west side and one from the east
side of the state. The director shall also appoint three nonvoting members
representing scientific disciplines relating to weed control. The term of
office for all members of the board ((shall be)) is three years
from the date of election or appointment.
The
board, by rule, shall establish a position number for each elected position 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 board.
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))
chair and ((such)) other officers as may be necessary. A
majority of the voting members of the board ((shall)) constitutes
a quorum for the transaction of business and ((shall be)) is
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. 5. RCW 17.10.040 and 1987 c 438 s 3 are each amended to read as follows:
An inactive county noxious weed control board may be activated by any one of the following methods:
(1)
Either within sixty days after a petition is filed by one hundred registered
voters within the county or, on its own motion, the county legislative
authority shall hold a hearing to determine whether there is a need, due to a
damaging infestation of noxious weeds, to activate the county noxious weed
control board. If such a need is found to exist, then the county legislative
authority shall, in the manner provided by RCW 17.10.050, appoint five persons
to ((hold seats on)) the county's noxious weed control board.
(2)
If the county's noxious weed control board is not activated within one year
following a hearing by the county legislative authority to determine the need
for activation, then upon the filing with the state noxious weed control board
of a petition comprised either of the signatures of at least two hundred
registered voters within the county, or of the signatures of a majority of an
adjacent county's noxious weed control board, the state board shall, within six
months of the date of ((such)) the filing, hold a hearing in the
county to determine the need for activation. If a need for activation is found
to exist, then the state board shall order the county legislative authority to
activate the county's noxious weed control board and to appoint members to ((such))
the board in the manner provided by RCW 17.10.050.
(3)
The director, ((with notice to)) upon request of the state
noxious weed control board, ((may)) shall order a county
legislative authority to activate the noxious weed control board immediately if
an infestation of a class A noxious weed or class B noxious weed designated for
control ((within the region wherein the county lies as defined in RCW
17.10.080)) on the state noxious weed list is confirmed in that
county. The county legislative authority may, as an alternative to activating
the noxious weed board, combat the class A noxious weed or class B noxious weed
with county resources and personnel operating with the authorities and
responsibilities imposed by this chapter on a county noxious weed control
board. No county may continue without a noxious weed control board for a
second consecutive year if the class A noxious weed or class B noxious weed ((designated
for control within the region wherein the county lies)) has not been eradicated.
Sec. 6. RCW 17.10.050 and 1987 c 438 s 4 are each amended to read as follows:
(1)
Each activated county noxious weed control board ((shall)) consists
of five voting members ((who shall be)) appointed by the county legislative
authority. In appointing ((such)) the 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))
geographical areas that best represent the county's interests, and ((shall))
appoint a voting member from each ((section)) geographical area.
At least four of the voting members shall be engaged in the primary production
of agricultural products. There ((shall be)) is one nonvoting
member on ((such)) the board who ((shall be)) is
the ((chief)) chair of the county extension ((agent)) office
or an extension agent appointed by the ((chief)) chair of the
county extension ((agent)) office. Each voting member of the
board ((shall)) serves a term of four years, except that the
county legislative authority shall, when a board is first activated under this
chapter, designate two voting members to serve terms of two years. 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 voting members of the board ((shall represent the same sections
designated by the county legislative authority in appointing members to the
board at its inception and shall)) serve until their replacements are
appointed. New members of the board shall be appointed at least thirty days
prior to the expiration of any board member's term of office.
Notice
of expiration of a term of office shall be published at least twice in a weekly
or daily newspaper of general circulation in ((said)) the section
with last publication occurring at least ten days prior to the nomination. All
persons interested in appointment to the board and residing in the ((section))
geographical area with a pending nomination shall make a written
application that includes the signatures of at least ten registered voters
residing in the ((section)) geographical area supporting the
nomination to the county noxious weed control board. After nominations close,
the county noxious weed control board shall, after a hearing, send the
applications to the county legislative authority recommending the names of the
most qualified candidates, and ((shall)) post the names of those nominees
in the county courthouse and ((in three places in the section)) publish
in at least one newspaper of general circulation in the county. The county
legislative authority, within ten days of receiving the list of nominees, shall
appoint one of those nominees to the county noxious weed control board to
represent that ((section)) geographical area during that term of
office.
(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))
constitutes a quorum for the transaction of business and ((shall be))
is necessary for any action taken by the board. The board shall elect
from its members a ((chairperson)) chair and ((such))
other officers as may be necessary.
(4)
In case of a vacancy occurring in any voting position on a county noxious weed
control board, the county legislative authority of the county in which ((such))
the board is located shall appoint a qualified person to fill the
vacancy for the unexpired term.
Sec. 7. RCW 17.10.060 and 1987 c 438 s 5 are each amended to read as follows:
(1)
Each activated county noxious weed control board ((may)) shall
employ or otherwise provide a weed coordinator whose duties ((shall
be)) are fixed by the board but which shall include inspecting land
to determine the presence of noxious weeds, offering technical assistance
and education, and developing a program to achieve compliance with the weed
law. The weed coordinator may be employed full time, part time, or seasonally
by the county noxious weed control board. County weed board employment
practices shall comply with county personnel policies. 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)) has
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.
(3) Each activated county noxious weed control board shall meet with a quorum at least quarterly.
Sec. 8. RCW 17.10.070 and 1987 c 438 s 6 are each amended to read as follows:
(1)
In addition to the powers conferred on the state noxious weed control board
under other provisions of this chapter, it ((shall have)) has the
power to:
(a)
Employ a state noxious weed control board executive secretary ((who shall)),
and additional persons as it deems necessary, to disseminate information
relating to noxious weeds to county noxious weed control boards and weed
districts ((and who shall work)), to coordinate the educational
and weed control efforts of the various county and regional noxious weed
control boards and weed districts, and to assist the board in carrying out
its responsibilities;
(b)
Adopt, amend, ((change,)) or repeal ((such)) rules, pursuant to
the administrative procedure act, chapter 34.05 RCW, as may be necessary to
carry out the duties and authorities assigned to the board by this chapter.
(2)
The state noxious weed control board shall provide a written report before January
1 of each odd-numbered year to the governor, the legislature, the county
noxious weed control boards, and the weed districts showing the ((funds
disbursed by the department to each noxious weed control board or district,))
expenditure of state funds on noxious weed control; specifically how the
funds were spent((,)); the status of the state, county, and district
programs; and recommendations for the continued best use of state funds for
noxious weed control. The report shall include recommendations as to the
long-term needs regarding weed control.
Sec. 9. RCW 17.10.074 and 1987 c 438 s 7 are each amended to read as follows:
(1)
In addition to the powers conferred on the director under other provisions of
this chapter, the director ((shall)), with the advice of the state
noxious weed control board, ((have)) has power to:
(a) Require the county legislative authority or the noxious weed control board of any county or any weed district to report to it concerning the presence, absence, or estimated amount of noxious weeds and measures, if any, taken or planned for the control thereof;
(b)
Employ ((such)) staff as may be necessary in the administration of this
chapter;
(c)
Adopt, amend, ((change,)) or repeal ((such)) rules, pursuant to
the administrative procedure act, chapter 34.05 RCW, as may be necessary to
carry out this chapter;
(d) Do such things as may be necessary and incidental to the administration of its functions pursuant to this chapter including but not limited to surveying for and detecting noxious weed infestations;
(e) Upon receipt of a complaint signed by a majority of the members of an adjacent county noxious weed control board or weed district, or by fifty registered voters within the county, require the county legislative authority or noxious weed control board of the county or weed district 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;
(f)
If the complaint in ((subsection)) (e) of this subsection
involves a class A or class B noxious weed, order the county legislative
authority, noxious weed control board, or weed district to take immediate
action to eradicate or control the noxious weed infestation. If the county or
the weed district does not take action to control the noxious weed infestation
in accordance with the order, the director may control it or cause it to be
controlled. The county or weed district ((shall be)) is liable
for payment of the expense of the control work including necessary costs and
expenses for attorneys' fees incurred by the director in securing payment from
the county or weed district. The director may bring a civil action in a
court of competent jurisdiction to collect the expenses of the control work,
costs, and attorneys' fees;
(g)
In counties ((which have not activated their)) without an activated
noxious weed control board, enter upon any property as provided for in RCW
17.10.160, issue or cause to be issued notices and citations and take the
necessary action to control noxious weeds as provided in RCW 17.10.170, hold
hearings on any charge or cost of control action taken as provided for in RCW
17.10.180, issue a notice of civil infraction as provided for in RCW
17.10.230((,)) and 17.10.310 through 17.10.350, and place a lien on any
property pursuant to RCW 17.10.280, 17.10.290, and 17.10.300 with the same
authorities and responsibilities imposed by these sections on county noxious
weed control boards;
(h) Adopt a list of noxious weed seeds and toxic weeds which shall be controlled in designated articles, products, or feed stuffs as provided for in RCW 17.10.235.
(2)
The moneys appropriated for noxious weed control to the department shall be
used for administration of the state noxious weed control board ((for
determining the economic impact of noxious weeds in the state of Washington)),
the administration of the director's powers under this chapter, the
purchase of materials for controlling, containing, or eradicating noxious
weeds, the purchase or collection of biological control agents for controlling
noxious weeds, and the contracting for services to carry out the purposes of
this chapter. In a county with an activated noxious weed control board, the
director shall make every effort to contract with that board for the needed
services.
(3) If the director determines the need to reallocate funds previously designated for county use, the director shall convene a meeting of the state noxious weed control board to seek its advice concerning any reallocation.
Sec. 10. RCW 17.10.080 and 1989 c 175 s 57 are each amended to read as follows:
(1) The state noxious weed control board shall each year or more often, following a hearing, adopt a state noxious weed list.
(2)
((At the hearing)) Any person may request during a comment
period established by the state weed board the inclusion, deletion, or
designation change of any plant to the ((lists to be adopted by the
state noxious weed control board. Any hearing held pursuant to this section
shall conform to the Administrative Procedure Act, chapter 34.05 RCW:
PROVIDED, That adding a weed to or deleting a weed from the list shall
constitute a substantial change as provided for in RCW 34.05.340)) state
noxious weed list.
(3)
The state noxious weed control board shall send a copy of the list((s))
to each activated county noxious weed control board, ((to each regional
noxious weed control board,)) to each weed district, and to the county
legislative authority of each county with an inactive noxious weed control
board.
(4) The record of ((hearing shall)) rule making
must include the written findings of the board for the inclusion of each
plant on the list. ((Such)) The findings shall be made available
upon request to any interested person.
Sec. 11. RCW 17.10.090 and 1987 c 438 s 9 are each amended to read as follows:
Each
county noxious weed control board shall, within ((thirty)) ninety
days of the ((receipt)) adoption of the state noxious weed list
from the state noxious weed control board and following a hearing, select those
weeds from the class C list and those weeds from the class B list not
designated for control in the noxious weed control region in which the county
lies ((which)) that it finds necessary to be controlled in the
county. The weeds thus selected and all class A weeds and those class B weeds
that have been designated for control in the noxious weed control region in
which the county lies shall be classified within that county as noxious weeds,
and those weeds ((shall)) comprise the county noxious weed list.
Sec. 12. RCW 17.10.100 and 1987 c 438 s 10 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 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 registered voters within the county requesting that 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 the adjacent board or district has included that weed in
((the)) its county list, and ((which)) the
adjacent board or weed district alleges that its noxious weed control
program is being hampered by the failure to include the weed on the county's
noxious weed list.
Sec. 13. RCW 17.10.110 and 1987 c 438 s 11 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
the county legislative authority ((and/or)), or the noxious
weed control board, or both, 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)) The resolution ((shall)) becomes
effective only when a similar resolution is adopted by the other county or
counties comprising the proposed regional board.
Sec. 14. RCW 17.10.120 and 1987 c 438 s 12 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)) the
boards under this chapter.
The
regional noxious weed control board ((shall be)) is comprised of
the voting members and the nonvoting members of the component counties noxious
weed control boards or county legislative authorities 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)) constitutes a quorum for the transaction
of business and ((shall be)) is necessary for any action taken by
the board. The board shall elect a ((chairperson)) chair 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. 15. RCW 17.10.130 and 1987 c 438 s 13 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 ((thirty)) ninety days of the ((receipt))
adoption of the state noxious weed list from the state noxious weed
control board and following a hearing, select those weeds from the state list
((which)) that it finds necessary to be controlled on a regional
basis. The weeds thus selected shall also be contained in the county noxious
weed list of each county in the region.
(2)
The regional board shall take ((such)) action as may be necessary to
coordinate the noxious weed control programs of the region and ((shall))
adopt a regional plan for the control of noxious weeds.
Sec. 16. RCW 17.10.134 and 1987 c 438 s 14 are each amended to read as follows:
Obligations
or liabilities incurred by any county or regional noxious weed control board or
any claims against a county or regional noxious weed control board ((shall
be)) are governed by chapter 4.96 RCW or RCW 4.08.120: PROVIDED,
That individual members or employees of a county noxious weed control board ((shall
be)) are personally immune from civil liability for damages arising
from actions performed within the scope of their official duties or employment.
Sec. 17. RCW 17.10.140 and 1969 ex.s. c 113 s 14 are each amended to read as follows:
(1)
Except as is provided under ((RCW 17.10.150)) subsection (2) of this
section, every owner shall perform((,)) or cause to be performed ((such))
those acts as may be necessary to ((control and to prevent the spread
of noxious weeds from his)):
(a) Eradicate all class A noxious weeds;
(b) Control and prevent the spread of all class B noxious weeds designated for control in that region within and from the owner's property; and
(c) Control and prevent the spread of all class B and class C noxious weeds listed on the county weed list as locally mandated control priorities within and from the owner's property.
(2) Forest lands classified under RCW 17.10.240(3), or meeting the definition of forest lands contained in RCW 17.10.240, are subject to the requirements of subsection (1)(a) and (b) of this section at all times. Forest lands are subject to the requirements of subsection (1)(c) of this section only within a one thousand foot buffer strip of adjacent land uses. In addition, forest lands are subject to subsection (1)(c) of this section for a single five-year period following the harvesting of trees for lumber.
Sec. 18. RCW 17.10.145 and 1995 c 374 s 75 are each amended to read as follows:
All
state agencies shall control noxious weeds on lands they own, lease, or
otherwise control. Agencies shall develop plans in cooperation with county
noxious weed control boards to control noxious weeds in accordance with
standards in this chapter. All state agencies' lands must comply with this
chapter, regardless of noxious weed control efforts on adjacent lands. ((County
noxious weed control boards shall assist landowners to meet and exceed the
standards on state lands.))
Sec. 19. RCW 17.10.154 and 1987 c 438 s 16 are each amended to read as follows:
It
is recognized that the prevention, control, and eradication of noxious weeds
presents a problem for immediate as well as for future action. It is further
recognized that immediate prevention, control, and eradication is practicable
on some lands and that prevention, control, and eradication on other lands
should be extended over a period of time. Therefore, it is the intent of this
chapter that county noxious weed control boards may use their discretion and,
by agreement with the owners of land, may propose and accept plans for
prevention, control, and eradication ((which)) that may be
extended over a period of years. The county noxious weed control board may
make an agreement with the owner of any parcel of land by contract between the
landowner and the respective county noxious weed control board, and the board
shall enforce the terms of any agreement. The county noxious weed control
board may make any terms ((which)) that will best serve the
interests of the owners of the parcel of land and the common welfare ((which))
that comply with this chapter ((and the rules adopted thereunder)).
Sec. 20. RCW 17.10.160 and 1987 c 438 s 17 are each amended to read as follows:
Any
authorized agent or employee of the county noxious weed control board or of the
state noxious weed control board or of the department of agriculture where not
otherwise proscribed by law may enter upon any property for the purpose of
administering this chapter and any power exercisable pursuant thereto,
including the taking of specimens of weeds ((or other materials)),
general inspection, and the performance of eradication or control work. Prior
to carrying out the purpose((s)) for which the entry is made, the
official making such entry or someone in his or her behalf, shall ((have
first made)) make a reasonable attempt to notify the owner of the
property as to the purpose and need for the entry.
(1)
When there is probable cause to believe that there is property within this
state not otherwise exempt from process or execution upon which noxious weeds
are standing or growing and the owner ((thereof)) refuses permission to
inspect the property, a judge of the superior court or district court in the
county in which ((such)) the property is located may, upon the
request of the county noxious weed control board or its agent, issue a warrant
directed to ((such)) the board or agent authorizing the ((search
for the noxious weeds described in the request for the warrant)) taking
of specimens of weeds or other materials, general inspection, and the
performance of eradication or control work.
(2) Application for issuance and execution and return of the warrant authorized by this section shall be in accordance with the applicable rules of the superior court or the district courts.
(3) Nothing in this section requires the application for and issuance of any warrant not otherwise required by law: PROVIDED, That civil liability for negligence shall lie in any case in which entry and any of the activities connected therewith are not undertaken with reasonable care.
(4) Any person who improperly prevents or threatens to prevent entry upon land as authorized in this section or any person who interferes with the carrying out of this chapter shall be upon conviction guilty of a misdemeanor.
Sec. 21. RCW 17.10.170 and 1987 c 438 s 18 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)) noxious
weeds, pursuant to the provisions of RCW 17.10.140 ((and 17.10.150)),
it shall notify the owner that a violation of this chapter exists. 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
noxious weed control authority shall make an affidavit of mailing ((which
shall be)) that is prima facie evidence that proper notice was
given. If seed ((dispersion)) or other propagule 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, instead of ten days. If
a landowner received a notice of violation from the county noxious weed control
board in a prior growing season, removal or destruction of all above ground
plant parts may be required at the most effective point in the growing season,
as determined by the county weed board, which may be before or after propagule
dispersion.
(2)
The county noxious weed control board or its authorized agents may issue a
notice of civil infraction as provided for in RCW 17.10.230 ((and)),
17.10.310 ((through)), and 17.10.350 to owners who do not take
action to control noxious weeds 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)) the
expense ((shall)) constitutes a lien against the property and may
be enforced by proceedings on ((such)) the lien except as
provided for by RCW 79.44.060. The owner ((shall be)) is 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 reasonable attorneys' fees incurred by the county
noxious weed control 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 or her 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)) the
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)) the
interest ((shall)) accrues as of the date notice of the lien is
sent to the owner: PROVIDED, That any collections for ((such)) the
lien shall not be considered as tax.
Sec. 22. RCW 17.10.180 and 1987 c 438 s 19 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)) is entitled to a hearing before
the board on any charge or cost for which 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 at the owner's last known address, as to
any ((such)) charge or cost and as to his or her right of a
hearing. The hearing shall be scheduled within forty-five days of
notification. Any determination or final action by the board ((shall be))
is subject to judicial review by a proceeding in the superior court in
the county in which the property is located, and ((such)) the
court ((shall have)) has 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. 23. RCW 17.10.190 and 1987 c 438 s 20 are each amended to read as follows:
Each
activated county noxious weed control board ((shall cause to be published))
must publish annually, and at ((such)) other times as may
be appropriate, in at least one newspaper of general circulation within
its area, a general notice. The notice shall direct attention to the
need for noxious weed control and ((shall)) give ((such)) other
information ((with respect thereto)) concerning noxious weed control
requirements 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)) The methods may include ((definite
systems of tillage, cropping, management, or use of livestock)) some
combination of physical, mechanical, cultural, chemical, and/or biological
methods, including livestock. Publication of a notice as required by this
section ((shall)) is not ((be)) a condition precedent to
the enforcement of this chapter.
Sec. 24. RCW 17.10.205 and 1975 1st ex.s. c 13 s 16 are each amended to read as follows:
Open
areas subject to the spread of noxious weeds, ((other than crop land,))
including but not limited to subdivisions, school grounds, playgrounds, parks,
and rights of way shall be subject to regulation by activated county noxious
weed control boards in the same manner and to the same extent as is provided
for ((agricultural lands)) all terrestrial and aquatic lands of the
state.
Sec. 25. RCW 17.10.210 and 1987 c 438 s 22 are each amended to read as follows:
(1)
Whenever the director ((or)), the county noxious weed control
board, or a weed district finds that a parcel of land is so seriously
infested with class A or class B noxious weeds that control measures cannot be
undertaken thereon without quarantining the land and restricting or denying
access thereto or use thereof, the director ((or)), the county
noxious weed control board, or weed district, with the approval of the
director of the department of agriculture, may issue an order for ((such))
the quarantine and restriction or denial of access or use. Upon
issuance of the order, the director ((or)), the county noxious
weed control board, or the weed district shall commence necessary
control measures and ((shall prosecute them with due diligence)) may
institute legal action for the collection of costs for control work, which may
include attorneys' fees and the costs of other appropriate actions.
(2) An order of quarantine shall be served, by any method sufficient for the service of civil process, on all persons known to qualify as owners of the land within the meaning of this chapter.
(3)
The director shall, with the advice of the state noxious weed control board,
determine how the expense of control work undertaken pursuant to this section,
and the cost of any quarantine in connection therewith, ((shall be)) is
apportioned.
Sec. 26. RCW 17.10.235 and 1987 c 438 s 30 are each amended to read as follows:
(1)
((Any person who knowingly or negligently sells a product, article, or feed
stuff designated under subsection (2) of this section containing noxious weed
seeds or toxic weeds designated for control under subsection (2) of this
section and in an amount greater than the amount established by the director
for the seed or weed under subsection (2) of this section is guilty of a
misdemeanor.
(2))) The
director of agriculture shall adopt, with the advice of the state noxious weed
control board, rules designating noxious weed seeds ((the presence of))
which shall be controlled in products, screenings, or articles to
prevent the spread of noxious weeds. The rules shall identify the products,
screenings, and articles in which ((such)) the seeds must be
controlled and the maximum amount of ((such)) the seed to be
permitted in the product, screenings, or article to avoid a hazard of
spreading the noxious weed by seed from the product, screenings, or
article. The director shall also adopt, with the advice of the state board,
rules designating toxic weeds ((the presence of)) which shall be
controlled in feed stuffs and screenings to prevent injury to the
animal that consumes the feed. The rules shall identify the feed stuffs and
screenings in which the toxic weeds must be controlled and the maximum
amount of the toxic weed to be permitted in ((such)) the feed.
(2) Any person who knowingly or negligently sells or otherwise distributes a product, article, screenings, or feed stuff designated by rule containing noxious weed seeds or toxic weeds designated for control by rule and in an amount greater than the amount established by the director for the seed or weed by rule is guilty of a misdemeanor.
(3)
The department of agriculture shall, upon request of the buyer, inspect
products, screenings, articles, or feed stuffs designated ((under
subsection (2) of this section)) by rule and charge fees, in
accordance with chapter 22.09 RCW, to determine the presence of designated
noxious weed seeds or toxic weeds.
Sec. 27. RCW 17.10.240 and 1995 c 374 s 77 are each amended to read as follows:
(1)
The activated county noxious weed control board 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 petition the
county legislative authority to hold a hearing as provided in RCW 17.10.890.
Control of weeds is a ((special)) benefit to the lands within any such
section. Funding for the budget ((shall be)) is derived from any
or all of the following:
(((1)))
(a) 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 noxious weed control board shall hold a public hearing at
which it ((shall)) will 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, forest 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)) seems
just. The assessment rate shall be either uniform per acre in its respective
class or a flat rate per parcel rate plus a uniform rate per acre: PROVIDED,
That if no ((special)) benefits ((should be)) are found to
accrue to a class of land, a zero assessment may be levied. The county
legislative authority, upon receipt of the proposed levels of assessment from
the board, after a hearing, shall accept((,)) or modify by
resolution, or refer back to the board for 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 section.))
The amount of ((such)) the assessment ((shall)) constitutes
a lien against the property. The county legislative authority may by
resolution or ordinance require that notice of the lien be sent to each owner of
property for which the assessment has not been paid by the date it was due and
that each ((such)) lien created ((shall)) be collected by the
treasurer in the same manner as 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)) the
interest ((shall)) accrues as of the date notice of the lien is
sent to the owner: PROVIDED FURTHER, That any collections for ((such)) the
lien shall not be considered as tax; or
(((2)))
(b) 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)))
(2) Forest lands used solely for the planting, growing, or harvesting of
trees and which are typified, except during a single period of five years
following clear-cut logging, by canopies so dense as to prohibit growth of an
understory may be subject to an annual noxious weed assessment levied by a
county legislative authority that ((shall)) does not exceed
one-tenth of the weighted average per acre noxious weed assessment levied on
all other lands in unincorporated areas within the county that are subject to
the weed assessment. This assessment shall be computed in accordance with the
formula in subsection (((4))) (3) of this section.
(((4)))
(3) The calculation of the "weighted average per acre noxious weed
assessment" ((shall be)) is a ratio expressed as follows:
(a)
The numerator ((shall be)) is the total amount of funds estimated
to be collected from the per acre assessment on all lands except (i) forest
lands as identified in subsection (((3))) (2) of this section,
(ii) lands exempt from the noxious weed assessment, and (iii) lands located in
an incorporated area.
(b)
The denominator ((shall be)) is the total acreage from which
funds in (a) of this subsection are collected. For lands of less than one acre
in size, the denominator calculation may be based on the following
assumptions: (i) Unimproved lands ((shall be)) are calculated as
being one-half acre in size on the average, and (ii) improved lands ((shall
be)) are calculated as being one-third acre in size on the average.
The county legislative authority may choose to calculate the denominator for
lands of less than one acre in size using other assumptions about average
parcel size based on local information.
(((5)))
(4) For those counties that levy a per parcel assessment to help fund
noxious weed control programs, the per parcel assessment on forest lands as
defined in subsection (((3))) (2) of this section shall not
exceed one-tenth of the per parcel assessment on nonforest lands.
Sec. 28. RCW 17.10.250 and 1987 c 438 s 32 are each amended to read as follows:
The
legislative authority of any county with an activated noxious weed control
board or the board of any weed district may apply to the director for noxious
weed control funds when informed by the director that funds are available.
Any ((such)) applicant must employ adequate administrative personnel to
supervise an effective weed control program as determined by the director with
advice from the state noxious weed control board. The director with advice
from the state noxious weed control board shall adopt rules on the distribution
and use of noxious weed control account funds.
Sec. 29. RCW 17.10.300 and 1975 1st ex.s. c 13 s 15 are each amended to read as follows:
No
lien created by RCW 17.10.280 ((shall)) exists, and no action to
enforce the same shall be maintained, unless within ninety days from the date
of cessation of the performance of ((such)) the labor, furnishing
of materials, or the supplying of ((such)) equipment, a claim for ((such))
the lien ((shall be)) is filed for record as ((hereinafter))
provided in this section, in the office of the county auditor of the
county in which the property, or some part ((thereof)) of the
property to be affected ((thereby)) by the claim for a lien,
is situated. ((Such)) The claim shall state, as nearly as may
be, the time of the commencement and cessation of performing the labor,
furnishing the material, or supplying the equipment, the name of the county
noxious weed control board ((which)) that performed the labor or
caused the labor to be performed, furnished the material, or supplied the
equipment, a description of the property to be charged with the lien sufficient
for identification, the name of the owner, or reputed owner if known, or his or
her agent, and if the owner is not known, that fact shall be mentioned, the
amount for which the lien is claimed, and shall be signed by the county noxious
weed control board, and be verified by the oath of the county noxious weed
control board, to the effect that the affiant believes that claim to be just;
and ((such)) the claim of lien may be amended in case of action
brought to foreclose the same, by order of the court, as pleadings may be,
insofar as the interest of third parties shall not be affected by such an
amendment. ((A claim or lien substantially in the same form provided by RCW
60.04.060 and not in conflict with this section shall be sufficient.))
Sec. 30. RCW 17.10.310 and 1987 c 438 s 24 are each amended to read as follows:
The
county noxious weed control board may issue a notice of civil infraction if
after investigation it has reasonable cause to believe an infraction has been
committed. ((It shall be a misdemeanor for any person to refuse to identify
himself or herself properly for the purpose of issuance of a notice of
infraction. Any person wilfully violating a written and signed promise to
respond to a notice of infraction shall be guilty of a misdemeanor regardless
of the disposition of the notice of infraction.)) A civil infraction may
be issued pursuant to RCW 7.80.005, 7.80.070 through 7.80.110, 7.80.120 (3) and
(4), and 7.80.130 through 7.80.900.
Sec. 31. RCW 17.10.350 and 1987 c 438 s 28 are each amended to read as follows:
Any
person found to have committed a civil infraction under this chapter shall be
assessed a monetary penalty((. No monetary penalty so assessed may)) not
to exceed one thousand dollars. The state noxious weed control board shall
adopt a schedule of monetary penalties for each violation of this chapter
classified as a civil infraction and ((shall)) submit the schedule to
the appropriate court. If a monetary penalty is imposed by the court, the
penalty is immediately due and payable. The court may, at its discretion,
grant an extension of time, not to exceed thirty days, in which the penalty
must be paid. Failure to pay any monetary penalties imposed under this chapter
((shall be)) is punishable as a misdemeanor.
Sec. 32. RCW 17.10.890 and 1987 c 438 s 37 are each amended to read as follows:
The following procedures shall be followed to deactivate a county noxious weed control board:
(1)
The county legislative authority ((shall)) holds 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 registered voters within the county;
(b) A petition is filed by a county noxious weed control board as provided in RCW 17.10.240; or
(c) The county legislative authority passes a motion to hold such a hearing.
(2) Except as provided in subsection (4) of this section, the hearing shall be held within sixty days of final action taken under subsection (1) of this section.
(3) If, after a hearing, the county legislative authority determines that no need exists for a county noxious weed control board, due to the absence of class A or class B noxious weeds designated for control in the region, the county legislative authority shall deactivate the board.
(4) The county legislative authority shall not convene a hearing as provided for in subsection (1) of this section more frequently than once a year.
Sec. 33. RCW 17.10.900 and 1987 c 438 s 38 are each amended to read as follows:
Any
weed district formed under chapter 17.04 or 17.06 RCW prior to the enactment of
this chapter, ((shall)) continues to operate under the provisions
of the chapter under which it was formed: PROVIDED, That if ten percent of the
landowners subject to any such weed district, and the county noxious weed
control board upon its own motion, petition the county legislative authority
for a dissolution of the weed district, the county legislative authority shall
provide for an election to be conducted in the same manner as required for the
election of directors under the provisions of chapter 17.04 RCW, to determine
by majority vote of those casting votes, if ((such)) the weed
district ((shall)) will continue to operate under the ((act))
chapter it was formed. The land area of any dissolved weed district ((shall
forthwith)) becomes subject to the provisions of this chapter. Any
district assessment funds may be transferred after the dissolution election
under contract to the county noxious weed control board to fund the noxious
weed control program.
NEW SECTION. Sec. 34. A new section is added to chapter 17.10 RCW to read as follows:
(1) The state noxious weed control board shall:
(a) Work with the various federal and tribal land management agencies to coordinate state and federal noxious weed control;
(b) Encourage the various federal and tribal land management agencies to devote more time and resources to noxious weed control; and
(c) Assist the various federal and tribal land management agencies by seeking adequate funding for noxious weed control.
(2) County noxious weed control boards and weed districts shall work with the various federal and tribal land management agencies in each county in order to:
(a) Identify new noxious weed infestations;
(b) Outline and plan necessary noxious weed control actions;
(c) Develop coordinated noxious weed control programs; and
(d) Notify local federal and tribal agency land managers of noxious weed infestations.
(3) The department of agriculture, county noxious weed control boards, and weed districts are authorized to enter federal lands, with the approval of the appropriate federal agency, to survey for and control noxious weeds where control measures of a type and extent required under this chapter have not been taken.
(4) The department of agriculture, county noxious weed control boards, and weed districts may bill the federal land management agency that manages the land for all costs of the noxious weed control performed on federal land. If not paid by the federal agency that manages the land, the cost of the noxious weed control on federal land may be paid from any funds available to the county noxious weed control board or weed district that performed the noxious weed control. Alternatively, the costs of noxious weed control on federal land may be paid from any funds specifically appropriated to the department of agriculture for that purpose.
(5) The department of agriculture, county noxious weed control boards, and weed districts are authorized to enter into any reasonable agreement with the appropriate authorities for the control of noxious weeds on federal or tribal lands.
(6) The department of agriculture, county noxious weed control boards, and weed districts shall consult with state agencies managing federal land concerning noxious weed infestation and control programs.
NEW SECTION. Sec. 35. RCW 17.10.905 is recodified as a section between RCW 17.10.005 and 17.10.010.
NEW SECTION. Sec. 36. The following acts or parts of acts are each repealed:
(1) RCW 17.10.005 and 1995 c 374 s 72;
(2) RCW 17.10.150 and 1987 c 438 s 15, 1975 1st ex.s. c 13 s 7, 1974 ex.s. c 143 s 2, & 1969 ex.s. c 113 s 15;
(3) RCW 17.10.200 and 1987 c 438 s 21, 1979 c 118 s 3, & 1969 ex.s. c 113 s 20;
(4) RCW 17.10.320 and 1987 c 438 s 25;
(5) RCW 17.10.330 and 1987 c 438 s 26; and
(6) RCW 17.10.340 and 1987 c 438 s 27.
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