Assembly Bill No. 327

Assembly Bill No. 327-Assemblymen Carpenter, de Braga, Neighbors, Hettrick, Dini, Segerblom, Bache and Marvel

CHAPTER

185

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.

[Approved June 25, 1997]

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 board of county commissioners of any county [shall] may, in accordance with chapter 308 of NRS, create one or more weed control districts in that portion of the county which lies outside any incorporated city . [if there is filed] Creation of such a district may be initiated by the board of county commissioners or by 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 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.] 2. Lands proposed for inclusion in a weed control district need not be contiguous.
[4.] 3. Before creating a weed control district, the board of county commissioners shall [hold] :
(a) 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.] pursuant to NRS 308.070. 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 exist on that land do not render substantially more difficult the control of weeds on other lands in the proposed district.
(b) Provide for the hearing of protests against the establishment of the district in the manner set forth in NRS 318.065 and 318.070.
4. The board of trustees of a general improvement district may, in accordance with NRS 318.077, add to the basic powers of the district the control and eradication of noxious weeds.
Sec. 10. NRS 555.217 is hereby amended to read as follows:
555.217 1. The boundaries of a weed control district may be changed in the manner prescribed in this section [,] or in subsection 3 of NRS 308.080, but the change of boundaries of the district does not:
(a) Impair or affect its organization or its rights in or to property, or any of its rights or privileges whatsoever.
(b) Affect or impair or discharge any contract, obligation, lien or charge for or upon which it or the owners of property in the district might be liable or chargeable had the change of boundaries not been made.
2. The owners of lands may file with the board of directors a petition in writing praying that those lands be included in or excluded from the district. The petition must describe the tracts or body of land owned by the petitioners, and the petition shall be deemed to give the consent of the petitioners to the inclusion in or the exclusion from the district of the lands described in the petition. The petition must be acknowledged in the same manner that conveyances of land are required to be acknowledged.
3. The board of directors of the district may, on its own motion or upon petition of any person other than the owner, initiate proceedings for the inclusion of land in the district. A petition filed with the board of directors for this purpose must be in writing and must describe the tracts or body of land proposed to be included, allege that the lands described contain certain weeds that are harmful to owners of land in the district and request that the lands be included in the district.
4. Areas proposed for inclusion in a weed control district need not be located in the same county as other portions of the district and need not be contiguous to other portions of the district.
5. The secretary of the board shall give notice of filing of the petition, or initiation of proceedings by the board, to the owner or owners of the lands described in the petition or motion of the board and shall cause notice to be published in a newspaper of general circulation in the county in which the lands described are situated. The notices must require all persons interested to appear at the office of the board at the time specified in the notice and show cause in writing why the request should not be granted.
6. The board shall at the time specified in the notice, or at the time or times to which the hearing may be adjourned, proceed to hear the request and all written objections presented to show cause why the request should not be granted. The failure of any person interested to show cause in writing must be considered an approval by that person of the inclusion in or the exclusion from the district of the lands as requested.
7. Upon conclusion of the hearing the board by resolution shall approve the request, subject to ratification by the board of county commissioners of the county in which the lands are situated if the request is for the inclusion of lands, or deny the request. In the case of proceedings initiated pursuant to subsection 3, the board may approve the inclusion in the district of the described lands only if it determines that the lands contain weeds that are harmful to owners of land in the district. The board may defer adoption of the resolution to a special meeting or its first regular meeting after conclusion of the hearing, whichever is sooner.
8. A copy of the resolution, adopted pursuant to subsection 7, must be filed with the board of county commissioners of each county in which all or a part of the district is located.
9. No action of the board of directors approving the inclusion of lands within the district becomes effective unless it is ratified by the board of county commissioners of the county in which the lands are situated. The board of county commissioners may ratify the action at any time after the filing of the resolution, but if the board has neither ratified the action nor denied ratification within 90 days after the date the resolution was filed pursuant to subsection 8, the action of the board of directors shall be deemed ratified.
Sec. 11. NRS 308.020 is hereby amended to read as follows:
308.020 1. The Special District Control Law applies to:
(a) Any special district whose formation is initiated by a board of county commissioners; and
(b) Any petition for the formation of any proposed special district filed with any board of county commissioners.
2. As used in this chapter "special district" means any water district, sanitation district, water and sanitation district, municipal power district, mosquito abatement district, public cemetery district, swimming pool district, television maintenance district, weed control district, general improvement district, or any other quasi-municipal corporation organized under the local improvement and service district laws of this state as enumerated in Title 25 of NRS, but excludes:
(a) All local improvement districts created pursuant to chapter 309 of NRS; and
(b) All housing authorities.
Sec. 12. 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. 13. 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.
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