Bill Text: IA HF2422 | 2017-2018 | 87th General Assembly | Enrolled

Iowa House Bill 2422 (Prior Session Legislation)

Bill Title: A bill for an act providing for the management of weeds, including noxious weeds, and making penalties applicable. (Formerly HSB 640.) Effective 7-1-18.

Spectrum: Committee Bill

Status: (Passed) 2018-03-28 - Signed by Governor. H.J. 700. [HF2422 Detail]

Download: Iowa-2017-HF2422-Enrolled.html

House File 2422 - Enrolled

HOUSE FILE
BY COMMITTEE ON
AGRICULTURE

(SUCCESSOR TO HSB 640)
\5
A BILL FOR
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House File 2422

AN ACT
PROVIDING FOR THE MANAGEMENT OF WEEDS, INCLUDING NOXIOUS
WEEDS, AND MAKING PENALTIES APPLICABLE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 317.1, Code 2018, is amended by adding
the following new subsection:
NEW SUBSECTION. 3. "Department" means the department of
agriculture and land stewardship.
Sec. 2. Section 317.1A, Code 2018, is amended by adding the
following new subsection:
NEW SUBSECTION. 3. A plant is also declared to be a noxious
weed as provided in rules adopted by the department pursuant
to chapter 17A. The department's determination shall be based
on a finding that the plant is competitive, persistent, or
pernicious, and may directly or indirectly injure or cause
damage to crops, other useful plants, livestock, or poultry;
irrigation, land, public roads, fish or wildlife resources; or
the public health.
Sec. 3. NEW SECTION. 317.1B State weed commissioner.
The secretary of agriculture may appoint a state weed
commissioner to aid in the administration of this chapter
and carry out other duties as assigned by the secretary of
agriculture relating to the control or eradication of weeds.
Sec. 4. NEW SECTION. 317.1C Department == powers and
duties.
1. The department shall assist commissioners, boards of
supervisors, and cities in the interpretation of this chapter
and the administration and enforcement of this chapter.
2. a. The department may adopt administrative rules,
pursuant to chapter 17A, providing a list of plants that it
determines is noxious in the manner provided in section 317.1A.
b. The department may establish priorities from the list
of noxious weeds described in section 317.1A for control or
eradication. The priorities may be published annually and
made available to the state department of transportation,
counties, commissioners, and to the public on the internet
site controlled by the department of agriculture and land
stewardship. The state department of transportation, boards
of supervisors, and weed commissioners shall consider the
priorities when establishing programs of weed control or
eradication pursuant to section 317.13.
3. The department may adopt rules, pursuant to chapter
17A, providing a list of recommended methods for control or
eradication of noxious weeds.
Sec. 5. Section 317.11, subsection 1, Code 2018, is amended
to read as follows:
1. The county boards of supervisors and the state department
of transportation shall control or eradicate noxious weeds
growing on the roads under their jurisdiction. Spraying
for control of noxious weeds shall be limited to those
circumstances when it is not practical to mow or otherwise
control the noxious weeds.
Sec. 6. Section 317.13, Code 2018, is amended to read as
follows:
317.13 Program of control or eradication.
1. The board of supervisors of each county may each
year, upon recommendation of the county weed commissioner by
resolution prescribe and order a program of weed control or
eradication for purposes of complying with all sections of
this chapter. The county board of supervisors of each county
may also by adopting adopt an integrated roadside vegetation
management plan prescribe and order as part of a program of
weed control or eradication for purposes of complying with all
sections of this chapter. The program for weed control ordered
or adopted by the county board of supervisors shall provide
that spraying for control of weeds shall be limited to those
circumstances when it is not practical to mow or otherwise
control the weeds.
2. The program of weed control or eradication shall include
a program of issuing permits for the burning, mowing, or
spraying of roadsides by private individuals. The county
board of supervisors shall allow only that burning, mowing, or
spraying of roadsides by private individuals that is consistent
with the adopted integrated roadside vegetation management
plan. This paragraph subsection applies only to those roadside
areas of a county which are included in an integrated roadside
vegetation management plan.
Sec. 7. Section 317.18, Code 2018, is amended to read as
follows:
317.18 Order for weed control on roads.
The A county board of supervisors and the state department of
transportation shall control or eradicate noxious weeds growing
on the roads under their jurisdiction. A board of supervisors
may order all noxious weeds, within the right=of=way of
all roads under county jurisdiction to be cut, burned, or
otherwise controlled to prevent seed production or eradicated,
either upon its own motion or upon receipt of written notice
requesting the action from any residents of the township in
which the roads are located, or any person regularly using
the roads. The order shall be consistent with the county
integrated roadside vegetation management plan, if the county
has adopted such a plan, and the. The order shall define the
roads along which noxious weeds are required to be cut, burned,
or otherwise controlled or eradicated and shall require the
weeds to be cut, burned, or otherwise controlled or eradicated
within fifteen days after the publication of the order in
the official newspapers of the county or as prescribed in
the county's integrated roadside vegetation management plan.
The order shall provide that spraying for control of noxious
weeds shall be limited to those circumstances when it is not
practical to mow or otherwise control the weeds.
Sec. 8. Section 317.19, subsection 1, Code 2018, is amended
to read as follows:
1. The board of supervisors may appropriate moneys to
be used for the purposes of cutting, burning, or otherwise
controlling or eradicating weeds or brush within the
right=of=way of roads under county jurisdiction in a manner
consistent with the county's roadside vegetation management
plan, if the county has adopted such a plan, or in time to
prevent reseeding program of weed control or eradication
pursuant to section 317.13, except as provided in section
314.17. The moneys appropriated shall not be spent on spraying
for control of weeds except in those circumstances when it is
not practical to mow or otherwise control the weeds.
Sec. 9. REPEALS. Sections 317.2, 317.5, 317.8, and 317.17,
Code 2018, are repealed.

LINDA UPMEYER

CHARLES SCHNEIDE

CARMINE BOAL

KIM REYNOLDS

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