Assembly Bill No. 327-Assemblymen Carpenter, de Braga, Neighbors, Hettrick, Dini, Segerblom, Bache and Marvel
April 2, 1997
____________
Referred to Committee on Natural Resources, Agriculture, and Mining
SUMMARY--Revises provisions concerning control of noxious weeds. (BDR 49-884)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to noxious weeds; revising provisions relating to the control of noxious weeds; authorizing the board of trustees of a general improvement district to provide for the control of noxious weeds; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 555.005 is hereby amended to read as follows:
555.005 As used in this chapter, unless the context requires otherwise:
1. "Administrator" means the administrator of the division.
2. "Division" means the division of agriculture of the department of business and industry.
3. "Noxious weed" means any species of plant which is, or is likely to be, detrimental or destructive and difficult to control or eradicate.
4. "Vertebrate pest" means any animal of the subphylum Vertebrata, except predatory animals, which is normally considered to be a pest, such as a gopher, ground squirrel, rat, mouse, starling or blackbird, or which the administrator may declare to be a pest.
Sec. 2. NRS 555.010 is hereby amended to read as follows:
555.010 Within the limits of any appropriation made by law, the administrator [is authorized to investigate] may:
1. Investigate the prevalence of ; and
2. Take the necessary action to control,
vertebrate and invertebrate pests of plants and animals, plant diseases , [and] physiological plant disorders [which may be injurious to the agricultural industry] and noxious weeds for the protection of the crops, livestock, public health, wildlife, water quality and beneficial uses of land in the State of Nevada . [, and institute and carry out such measures for their control as may be required to protect the agricultural industry against loss.]
Sec. 3. NRS 555.130 is hereby amended to read as follows:
555.130 The state quarantine officer [is authorized and empowered to designate and] may declare by regulation the [injurious and noxious] weeds of the state [, but no weed shall be so] that are noxious weeds, but a weed must not be designated as [injurious and] noxious which is already introduced and established in the state to such an extent as to make its control or eradication impracticable in the judgment of the state quarantine officer.
Sec. 4. NRS 555.140 is hereby amended to read as follows:
555.140 1. The state quarantine officer shall carry out and enforce the provisions of NRS 555.130 to 555.220, inclusive.
2. [For the purpose of securing] To secure information better to carry out the provisions of NRS 555.130 to 555.220, inclusive, the state quarantine officer may conduct reasonably limited trials of various methods of controlling or eradicating [injurious and] noxious or potentially [injurious and] noxious weeds under practical Nevada conditions.
3. The state quarantine officer may provide supervision and technical advice in connection with any project approved by him for the control or eradication of any [injurious and] noxious weed or weeds in this state.
4. All funds appropriated for, or received incident to, the control or eradication of any [injurious and] noxious weeds [shall] must be available for carrying out the provisions of NRS 555.130 to 555.220, inclusive.
Sec. 5. NRS 555.150 is hereby amended to read as follows:
555.150 Every railroad, canal, ditch or water company, and every person owning, controlling or occupying lands in this state, and every county, incorporated city or district having the supervision and control over streets, alleys, lanes, rights of way, or other lands, shall cut, destroy or eradicate all weeds declared and designated as [injurious and] noxious as provided in NRS 555.130, before such weeds propagate and spread, and whenever required by the state quarantine officer.
Sec. 6. NRS 555.160 is hereby amended to read as follows:
555.160 1. The state quarantine officer shall make or have made a careful examination and investigation of the spread, development and growth of [injurious and] noxious weeds in this state. Upon the discovery of such weeds he shall ascertain the name of the owner or occupant of the land and the description of the land where the weeds are found. He may serve notice in writing upon the owner or occupant of the land to cut, eradicate or destroy such weeds within such time and in such manner as designated and described in the notice. One such notice shall be deemed sufficient for the entire season of weed growth during that year.
2. Notices may be served upon the owner or occupant by an officer or employee of the division, and must be served in writing, personally or by certified mail, with receipt given therefor.
Sec. 7. NRS 555.190 is hereby amended to read as follows:
555.190 Any expense incurred by any county in the cutting, destroying or eradicating of [injurious or] noxious weeds from any street, lane, alley or other property owned or controlled by an incorporated city in that city, in accordance with the provisions of NRS 555.170, must be repaid to the county from the general fund of the incorporated city, upon presentation to the governing body of the incorporated city of an itemized statement of the expense so incurred.
Sec. 8. NRS 555.200 is hereby amended to read as follows:
555.200 1. Whenever [any injurious or] a noxious weed is found growing upon the public domain or any other lands in this state owned by the Federal Government, the state quarantine officer may serve notice, as provided in NRS 555.160, upon the person within the county or this state who is in charge of the activities of the federal agency having control or jurisdiction of the land.
2. If the agency described in the notice fails or refuses to comply with the notice, the state quarantine officer may provide for the cutting, destruction or eradication of the weeds in any manner permitted by federal law. The state quarantine officer or the political subdivision shall seek reimbursement from the Federal Government for any expense incurred by the state or the political subdivision pursuant to this section.
Sec. 9. NRS 555.203 is hereby amended to read as follows:
555.203 1. [The] Except as otherwise provided in subsection 5, the board of county commissioners of any county shall create one or more weed control districts in that portion of the county which lies outside any incorporated city if there is filed a petition which:
(a) Designates the area to be included in the weed control district, either as the entire unincorporated area of the county or by sections or parts of sections with appropriate township and range references; and
(b) Is signed by [owners] an owner of land within the proposed weed control district . [who:
(1) Are 60 percent or more of the total number of such owners; and
(2) Own 50 percent or more in assessed valuation, as shown by the current assessment roll, of the lands to be included.]
2. If the land to be included in the weed control district is situated within two or more counties, the petition must designate the area of each of the counties to be included in the district and must be signed by [owners] an owner of land within the proposed district . [who:
(a) Are 60 percent or more of the total number of such owners in each of the counties from which lands are to be included; and
(b) Own 50 percent or more in assessed valuation, as shown by the current assessment roll, of the lands to be included in each of the counties.] The petition must be filed with the board of county commissioners of the county in which is located the larger or largest proportion of the area, and that board of county commissioners has jurisdiction over the entire area for the purpose of creating the district and, except as otherwise provided in NRS 555.202 to 555.210, inclusive, for carrying out the duties of county commissioners with respect to the district.
3. Lands proposed for inclusion in a weed control district need not be contiguous.
4. Before creating a weed control district, the board of county commissioners shall hold at least one public hearing, of which they shall give notice by publication, in a newspaper of general circulation in the county, of at least one notice published not less than 10 days before the date of the hearing. At this hearing, the board of county commissioners shall entertain applications for the exclusion of lands, designated by sections or parts of sections as prescribed in subsection 1, from the proposed district, if any such application is made. The board of county commissioners shall exclude any such lands as to which it is shown to their satisfaction that [any weeds which] noxious weeds do not exist on that land [do not render substantially more difficult] or the noxious weeds that exist on that land are substantially under control by the owner of the land and do not impact the control of noxious weeds on other lands in the proposed district.
5. The board of trustees of a general improvement district may provide for the control of noxious weeds pursuant to NRS 318.116.
Sec. 10. NRS 318.116 is hereby amended to read as follows:
318.116 Any one, all or any combination of the following basic powers may be granted to a district in proceedings for its organization, or its reorganization pursuant to NRS 318.077 and all provisions in this chapter supplemental thereto, or as may be otherwise provided by statute:
1. Furnishing electric light and power, as provided in NRS 318.117;
2. Extermination and abatement of mosquitoes, flies, other insects, rats, and liver fluke or fasciola hepatica, as provided in NRS 318.118;
3. Furnishing facilities or services for public cemeteries, as provided in NRS 318.119;
4. Furnishing facilities for swimming pools, as provided in NRS 318.1191;
5. Furnishing facilities for television, as provided in NRS 318.1192;
6. Furnishing facilities for FM radio, as provided in NRS 318.1187;
7. Furnishing streets and alleys, as provided in NRS 318.120;
8. Furnishing curb, gutter and sidewalks, as provided in NRS 318.125;
9. Furnishing sidewalks, as provided in NRS 318.130;
10. Furnishing facilities for storm drainage or flood control, as provided in NRS 318.135;
11. Furnishing sanitary facilities for sewerage, as provided in NRS 318.140;
12. Furnishing facilities for lighting streets, as provided in NRS 318.141;
13. Furnishing facilities for the collection and disposal of garbage and refuse, as provided in NRS 318.142;
14. Furnishing recreational facilities, as provided in NRS 318.143;
15. Furnishing facilities for water, as provided in NRS 318.144;
16. Furnishing fencing, as provided in NRS 318.1195;
17. Furnishing facilities for protection from fire, as provided in NRS 318.1181;
18. Furnishing energy for heating, as provided in NRS 318.1175; [and]
19. Furnishing emergency medical services, as provided in NRS 318.1185[.] ; and
20. Control and eradication of noxious weeds, as provided in chapter 555 of NRS.
Sec. 11. NRS 561.147 is hereby amended to read as follows:
561.147 If any feed, grain, hay, machinery or other article is found to be infested with, or the possible carrier of, the propagating parts of any noxious [or injurious] weed, injurious insect pest or plant disease, and the administrator determines that movement of the article into any area of the state will be damaging or will jeopardize the agricultural industry of the area, the administrator may prohibit or restrict movement of the infested article or he may prescribe treatment to devitalize or sterilize the infested article.