SENATE BILL REPORT

SB 6353

BYSenators Barr and Hansen; by request of Department of Agriculture

Revising provisions for the horticultural pest and disease board.

Senate Committee on Agriculture

Senate Hearing Date(s):January 11, 1990; January 18, 1990

Majority Report:  Do pass.

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

Senate Staff:John Stuhlmiller (786-7446)

                  February 7, 1990

AS PASSED SENATE, FEBRUARY 6, 1990

BACKGROUND:

Horticultural pest and disease boards were created to enable counties to more effectively control and prevent the spread of horticultural pests and diseases.  These boards are authorized to order a landowner to control and prevent the spread of pests and diseases from his or her property.  If the owner fails to perform this task, the boards are empowered to enter the property and control or prevent the spread of the pests or diseases at the owner's expense.

Chapter 15.09 RCW provides for the removal of infested trees, but does not ensure that due process is followed when the trees are removed.

SUMMARY:

A horticultural pest and disease board that has determined tree removal to be the only remedy in preventing the spread of a pest or disease may petition the superior court of the county in which the property in question is located to issue an order to the owner to show cause why the plants should not be removed at the owners expense.  If the owner does not appear or fails to provide sufficient evidence, the board shall be authorized by the court to remove the plants.  If this procedure is followed, the board shall be immune from civil action for damages.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Mike Schwisow, Department of Agriculture