SENATE BILL REPORT
ESHB 648
BYHouse Committee on Agriculture & Rural Development (originally sponsored by Representatives Bristow, Doty, Baugher, Rayburn, Grant, Chandler, Lewis, Jesernig, C. Smith, Sutherland, Brough, Unsoeld, Fuhrman and Todd)
Changing provisions relating to noxious weed control.
House Committe on Agriculture & Rural Development
Senate Committee on Agriculture
Senate Hearing Date(s):April 2, 1987
Majority Report: Do pass.
Signed by Senators Hansen, Chairman; Bauer, Vice Chairman; Anderson, Bailey, Barr, Gaspard.
Senate Staff:Kaleen Cottingham (786-7415)
April 2, 1987
AS REPORTED BY COMMITTEE ON AGRICULTURE, APRIL 2, 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.
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:
STATE BOARD. The membership of the State Noxious Weed Control Board is expanded to nine voting members and three nonvoting members. The state board shall adopt a state list of noxious weeds. Weeds on the state list shall be divided into three classes: class A, class B, and class C.
DIRECTOR OF AGRICULTURE. The Director of Agriculture shall adopt rules regarding articles, products, or feed stuff containing noxious weed seeds or toxic weeds. Any person who knowingly or negligently sells an item in violation of these limits is guilty of a misdemeanor.
Upon receipt of a complaint from an adjacent county noxious weed control board or weed district, the Director may require the county legislative authority, weed board or weed district to control the noxious weeds cited in the complaint. In certain circumstances, the Director may control the weed with the county or district being liable for payment of the expense. In a county without an activated county board, the Director may act as the county board to control noxious weeds. The Director may require a county to activate a county board in certain circumstances.
The authority of the Director regarding activities of county boards is applied to weed districts as well. Weed districts are granted the authority to establish weed quarantines with the approval of the Director.
COUNTY NOXIOUS WEED CONTROL BOARDS. The members of the county board are appointed by the county legislative authority (rather than being elected by landowners). The expiration of a term of office shall be published and persons may submit nominating petitions for filling the appointive position.
A county board's weed control list consists of all class A weeds, those class B weeds that have been designated for control in the county's region, and the weeds the county board selects from the class C list.
Within 60 days from initial employment by a county board, a weed coordinator shall obtain a pest control consultant license, a pesticide operator license, and the necessary endorsements on the licenses as required by law.
TIMBERED LANDS. A provision of law is repealed which prohibits timbered land from being classified for weed control purposes as agricultural land. Owners of forest land must eradicate all class A weeds and control and prevent the spread of class B weeds designated for control in the region. Forest lands are subject to all weed control requirements for a single period of five years following the harvesting of the trees for timber.
WEED ASSESSMENTS. Assessment rates shall be either uniform per acre in each land classification or a flat rate per parcel plus a uniform rate per acre. Forest lands used solely for tree production and with dense canopies (except following clear-cut logging) may be subject to an annual assessment not to exceed one-tenth of the per acre weighted assessment levied on other lands. For counties levying a per parcel assessment, the per parcel assessment on forest lands shall not exceed one-tenth of the per parcel assessment on nonforest lands.
CIVIL INFRACTIONS. A civil infraction for certain violations of the weed control statutes is created. Any landowner knowing of the existence of any noxious weeds and who fails to control the weeds as required by law or rules or any person who enters upon any land in violation of a weed quarantine has committed a civil infraction. Procedures are established for filing a notice of infraction, responding to notices, conducting hearings on such infractions and mitigating an infraction. The penalty for the civil infraction shall not exceed $1,000. The state board shall adopt a schedule of penalties and submit the schedule to the appropriate courts. Civil fines received by the courts shall be paid to the county board less any mandatory court costs and assessments.
OTHER. A weed control assessment constitutes a lien against the property and the county legislative authority may require that it be collected in the manner provided for delinquent property taxes.
The obligations or liabilities incurred by any county or regional board for any claims against either are specified. The authority currently granted by the weed control laws for entering property and performing work without the consent of the landowner is repealed. A warrant from superior or district court may be sought for such actions where securing such a warrant is otherwise required by law. A person who improperly prevents or threatens to prevent such entry or interferes with the carrying out of the weed control statutes is guilty of a misdemeanor.
The uses of monies appropriated to the department for weed control are specified and a report regarding monies disbursed to weed boards and districts is required every two years. Compensation for expenses is authorized for regional (multi-county) weed board members. Procedures are established for deactivating a county noxious weed control board. Provisions of law are repealed which authorize the creation of weed extermination areas.
Fiscal Note: available
Senate Committee - Testified: No one