SENATE BILL REPORT
SB 5785
BYSenators Hansen and Bauer
Changing provisions relating to noxious weed control.
Senate Committee on Agriculture
Senate Hearing Date(s):March 3, 1987
Senate Staff:Kaleen Cottingham (786-7415)
AS OF FEBRUARY 24, 1987
BACKGROUND:
During the 1986 interim, the Noxious Weed Task Force met to review and recommend changes to the three chapters which cover noxious weed control. OFM refused to endorse the recommendation that state control of noxious weeds continue to be vested in the state Noxious Weed Control Board. OFM and the Department of Agriculture believe statewide control and accountability should lie with an executive agency (i.e., the Department of Agriculture).
The definition of noxious weeds was determined by the Task Force to be too narrow. The method of classifying weeds needed clarification.
Questions have been raised about the constitutionality of certain aspects of noxious weed control: entry onto private property; voting rights; and assessments.
Questions have been raised regarding adequacy of representation and ultimate liability due to the current practice of having noxious weed board and district members elected by landowners.
SUMMARY:
A noxious weed is redefined to be any plant which is highly destructive, competitive or difficult to control by cultural or chemical practices.
The list which specifies which weeds are subject to control is delineated as the state list and consists of the Class A list (those which pose a serious threat to the state); Class B list (those which pose a serious threat to a specific region); and Class C list (all other noxious weeds). These lists shall be adopted by the Director of Agriculture with advice from the (advisory) noxious weed control board. The Director shall also adopt a list of noxious weeds and seeds to be controlled in designated articles or products. The adoption of lists shall be pursuant to the Administrative Procedure Act. The record shall include written findings for the inclusion of any plant on the list.
The duty of the owner to control weeds is expanded to include "contain" and "eradicate" and such action shall conform to the standards adopted by the Director of Agriculture.
The state Noxious Weed Control Board is made advisory only. The composition is changed to be six members: four elected by the county noxious weed boards, and two appointed by the Washington Association of Counties. All duties previously performed by the state board shall be performed by the Director (or designee) of the Department of Agriculture.
The methods for activating a county noxious weed control board is expanded to allow the Director of Agriculture to order a county to activate a noxious weed control board. The Director may order activation immediately if an infestation of Class A or B weeds is confirmed in that county. That county, as an alternative to activation, may combat the infestation with its own resources and personnel. No county may continue without a board for a second consecutive year if such weeds have not been eradicated. If the state is forced to act, the county shall be liable for expenses.
Openings on county noxious weed control boards shall be appointed by the legislative authority in each county based on recommendations by the county's noxious weed board.
Each county's weed coordinator shall obtain a statewide pest control consultant license, a pesticide operator license, and all necessary endorsements.
Adjacent counties are given the authority to require a non-complying county to prepare, within 45 days, a plan to control the weeds identified in the complaint. The Department is given the authority to perform control functions if counties do not activate weed boards. County noxious weed control boards shall control all Class A weeds and all Class B for that region. The county board may select other weeds from the Class C and B lists.
Obligations or liabilities incurred by any weed board shall be governed by Chapter 4.96 RCW or RCW 4.08.120. Individual members or employees shall be personally immune for actions performed within the scope of their official duties or employment.
The duties of landowners regarding noxious weeds is altered to include the eradication of all Class A weeds and to control and prevent the spread of designated Class B weeds. Owners shall also control and prevent the spread of Class C weeds in any buffer strip within 1,000 feet of land used for agricultural purposes.
All forest lands may be subject to annual assessments for noxious weed control equal to one-tenth of the assessment rate per acre or parcel. In addition, for five years following the timber harvest, the landowner is required to control and prevent the spread of noxious weeds from the harvested property.
Range or scab landowners may have their duty relative to Class C weeds limited.
The county boards may, by agreement with landowners, propose and accept plans for prevention, control and eradication which may extend over a period of years.
Entry onto property is clarified to avoid constitutional problems. If probable cause exists that noxious weeds are standing or growing on property and if the owner refuses permission to allow inspection, the county board's agent shall obtain a warrant authorizing the search.
Notice of violations or pending actions must be sent by certified mail. If seed dispersion is imminent, immediate control may be taken 48 hours following the time that notification is reasonably expected to have been received. The Director or county weed boards may order quarantines and other restrictions on land use.
Failure to control noxious weeds and other violations is made a civil infraction. Costs may also be assessed against non-complying owners. Provision for a hearing is included. It is a misdemeanor to refuse to properly identify oneself for purposes of being issued an infraction. Wilfully violating a signed promise to respond to the notice of infraction is a misdemeanor. It shall be a misdemeanor to prevent entry upon land or interfere with noxious weed control.
A person must respond to the infraction within 15 days of notice. The format for responding or accepting is prescribed. If the person contests the infraction, the court, after considering the evidence and argument, shall determine whether the infraction was committed. A person may also explain mitigating circumstances to the court.
The monetary penalty for this infraction may not exceed $1,000. The state Noxious Weed Control Board shall adopt a schedule of penalties. All moneys shall be paid to the county noxious weed control boards exclusive of court costs.
Persons who knowingly or negligently sell products containing viable noxious weeds or seeds designated by the Director shall be guilty of a misdemeanor.
County noxious weed boards shall submit budgets to the county legislative authority. Provisions are allowed for a hearing if funding is insufficient. Funds continue to be derived from (1) an assessment based on hearings and classification of land; and/or (2) an appropriation. Assessment may be either uniform per acre in the class or a flat rate per parcel plus a uniform rate per parcel. Assessments shall constitute a lien and be collected in the same manner as delinquent real property taxes.
The noxious weed control account is established to receive legislative appropriations for carrying out the purposes of this chapter. The Director, with advice from the state Noxious Weed Control Board, shall determine the uses of these monies. Funds shall be distributed to activated county or regional noxious weed boards. A county legislative authority with an activated board may petition for noxious weed control account funds.
Actions of the Department under the noxious weed statutes must conform to the Washington Pesticide Control Act and the Washington Pesticide Application Act.
Procedures are provided to deactivate a county noxious weed control board.
Chapters 17.04, 17.06 and 17.08 RCW are all repealed and all references to them are deleted. Those chapters currently pertain to weed districts, intercounty weed districts and weed extermination areas.
Fiscal Note: requested