LB831 LB831
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LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 831
Introduced by Blood, 3.
Read first time January 03, 2024
Committee: Agriculture
1 A BILL FOR AN ACT relating to the Noxious Weed Control Act; to amend
2 sections 2-945.01, 2-945.02, 2-952, 2-953, 2-954, 2-961, 2-963, and
3 2-965.01, Reissue Revised Statutes of Nebraska; to restate
4 legislative findings and declarations; to define and redefine terms;
5 to provide a duty for the Director of Agriculture; to provide a
6 penalty; to provide for the control of restricted plants as
7 prescribed; to harmonize provisions; and to repeal the original
8 sections.
9 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 2-945.01, Reissue Revised Statutes of Nebraska,
2 is amended to read:
3 2-945.01 Sections 2-945.01 to 2-970 and section 9 of this act shall
4 be known and may be cited as the Noxious Weed Control Act.
5 Sec. 2. Section 2-945.02, Reissue Revised Statutes of Nebraska, is
6 amended to read:
7 2-945.02 The Legislature finds and declares that:
8 (1) The failure to control noxious weeds and restricted plants on
9 lands in this state is a serious problem that which is detrimental to the
10 production of crops and livestock, to the ecology of this state, and to
11 the welfare of the residents of this state, all of and which may devalue
12 land and reduce tax revenue;
13 (2) It is the purpose of the Noxious Weed Control Act to establish a
14 workable framework, delineate responsibilities, encourage education of
15 the public concerning noxious weeds and restricted plants, and provide
16 the necessary authority to effectively control noxious weeds and
17 restricted plants;
18 (3) It is the duty of each person who owns or controls land to
19 effectively control noxious weeds on such land. County boards or control
20 authorities are responsible for administration of noxious weed control
21 laws at the county level;
22 (4) The Department of Agriculture has the should have responsibility
23 for (a) establishing basic standards such as designating plant species
24 that are which plants are to be considered noxious weeds and which
25 control measures to use are to be used in particular situations, (b)
26 designating plant species that are restricted plants, and (c) and (b)
27 monitoring implementation of the act by the control authorities; and
28 (5) A state noxious weed and restricted plant advisory committee
29 shall be convened by the director with broad representation to advise the
30 director.
31 Sec. 3. Section 2-952, Reissue Revised Statutes of Nebraska, is
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1 amended to read:
2 2-952 (1) It shall be the duty of every person to control the
3 spread of noxious weeds on lands owned or controlled by him or her and to
4 use such methods for that purpose as are specified in rules and
5 regulations adopted and promulgated by the director.
6 (2) No person shall plant, propagate, offer for sale, sell, or
7 otherwise distribute a restricted plant that is included on the list of
8 restricted plants that is in the rules and regulations adopted and
9 promulgated by the director pursuant to section 2-954. No person shall be
10 required to destroy or otherwise control a restricted plant that is not
11 also determined to be a noxious weed, unless the person planted or
12 propagated the restricted plant.
13 Sec. 4. Section 2-953, Reissue Revised Statutes of Nebraska, is
14 amended to read:
15 2-953 For purposes of the Noxious Weed Control Act:
16 (1) Person means any individual, partnership, firm, limited
17 liability company, corporation, company, society, or association, the
18 state or any department, agency, or subdivision thereof, or any other
19 public or private entity;
20 (1)(a) (2)(a) Control, with respect to land, means the authority to
21 operate, manage, supervise, or exercise jurisdiction over or any similar
22 power. The state or federal government or a political subdivision shall
23 not be deemed to control land on which it has an easement as long as it
24 does not otherwise operate, manage, supervise, or exercise jurisdiction
25 over the land; and
26 (b) Control, with respect to weeds, means the prevention,
27 suppression, or limitation of the growth, spread, propagation, or
28 development or the eradication of weeds;
29 (3) County board means the county board of commissioners or
30 supervisors;
31 (4) Noxious weeds means and includes any weeds designated and listed
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1 as noxious in rules and regulations adopted and promulgated by the
2 director;
3 (2) (5) Control authority means the county weed district board or
4 the county board if it is designated as the control authority pursuant to
5 section 2-953.01, which board shall represent all rural areas and cities,
6 villages, and townships within the county boundaries;
7 (3) County board means the county board of commissioners or
8 supervisors;
9 (4) (6) Director means the Director of Agriculture or his or her
10 designated representative; and
11 (5) Noxious weed means and includes any plant species designated and
12 listed as noxious in rules and regulations adopted and promulgated by the
13 director;
14 (6) Person means any individual, partnership, firm, limited
15 liability company, corporation, company, society, or association, the
16 state or any department, agency, or subdivision thereof, or any other
17 public or private entity;
18 (7) Restricted plant means any nonnative plant species that is
19 designated and listed as restricted in rules and regulations adopted and
20 promulgated by the director; and
21 (8) (7) Weed management entity means an entity recognized by the
22 director as being established by and consisting of local stakeholders,
23 including tribal governments, for the purpose of controlling or
24 eradicating harmful, invasive weeds and increasing public knowledge and
25 education concerning the need to control or eradicate harmful, invasive
26 weeds.
27 Sec. 5. Section 2-954, Reissue Revised Statutes of Nebraska, is
28 amended to read:
29 2-954 (1)(a)(i) (1)(a) The duty of enforcing and carrying out the
30 Noxious Weed Control Act shall be vested in the director and the control
31 authorities as designated in the act.
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1 (ii) The director shall determine the plant species that are noxious
2 weeds and the plant species that are restricted plants what weeds are
3 noxious for purposes of the act. A plant species may be designated as a
4 noxious weed due to the detrimental effect of the species on crops,
5 livestock, the ecology of this state, or the welfare of the residents of
6 this state. A nonnative plant species may be designated as a restricted
7 plant due to the detrimental effect of the species on crops, livestock,
8 the ecology of this state, or the welfare of the residents of this state,
9 or invasiveness of the species.
10 (iii) A list of the species of such noxious weeds and a list of the
11 species of such restricted plants shall be included in the rules and
12 regulations adopted and promulgated by the director. The director shall
13 prepare, publish, and revise such lists as necessary a list of noxious
14 weeds. Such lists The list shall be distributed to the public by the
15 director, the Cooperative Extension Service, the control authorities, and
16 any other body the director deems appropriate.
17 (iv) The director shall, from time to time, adopt and promulgate
18 rules and regulations on methods for control of noxious weeds and adopt
19 and promulgate such rules and regulations as are necessary to carry out
20 the act.
21 (v) Whenever special weed control problems exist in a county
22 involving weeds not included in the rules and regulations, the control
23 authority may petition the director to bring such weeds under the county
24 control program. The petition shall contain the approval of the county
25 board. Prior to petitioning the director, the control authority, in
26 cooperation with the county board, shall hold a public hearing and take
27 testimony upon the petition. Such hearing and the notice thereof shall be
28 in the manner prescribed by the Administrative Procedure Act. A copy of
29 the transcript of the public hearing shall accompany the petition filed
30 with the director. The director may approve or disapprove the request. If
31 approval is granted, the control authority may proceed under the forced
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1 control provisions of sections 2-953 to 2-955 and 2-958.
2 (b) The director shall (i) investigate the subjects subject of
3 noxious weeds and restricted plants, (ii) require information and reports
4 from any control authority as to the presence of noxious weeds and
5 restricted plants and other information relative to noxious weeds and
6 restricted plants and the control thereof in localities where such
7 control authority has jurisdiction, (iii) cooperate with control
8 authorities in carrying out other laws administered by him or her, (iv)
9 cooperate with agencies of federal and state governments and other
10 persons in carrying out his or her duties under the Noxious Weed Control
11 Act, (v) with the consent of the Governor, conduct investigations outside
12 this state to protect the interest of the agricultural industry of this
13 state from noxious weeds and restricted plants not generally distributed
14 therein, (vi) with the consent of the federal agency involved, control
15 noxious weeds on federal lands within this state, with reimbursement,
16 when deemed by the director to be necessary to an effective weed control
17 program, (vii) advise and confer as to the extent of noxious weed
18 infestations and the methods determined best suited to the control
19 thereof, (viii) call and attend meetings and conferences dealing with the
20 subject of noxious weeds and restricted plants, (ix) disseminate
21 information and conduct educational campaigns with respect to control of
22 noxious weeds and restricted plants, (x) procure materials and equipment
23 and employ personnel necessary to carry out the director's duties and
24 responsibilities, and (xi) perform such other acts as may be necessary or
25 appropriate to the administration of the act.
26 (c) The director may (i) temporarily designate a plant species weed
27 as a noxious weed or a restricted plant for up to eighteen months if the
28 director, in consultation with the advisory committee created under
29 section 2-965.01, has adopted criteria for making temporary designations
30 and (ii) apply for and accept any gift, grant, contract, or other funds
31 or grants-in-aid from the federal government or other public and private
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1 sources for noxious weed or restricted plant control purposes and account
2 for such funds as prescribed by the Auditor of Public Accounts.
3 (d) When the director determines that a control authority has
4 substantively failed to carry out its duties and responsibilities as a
5 control authority or has substantively failed to implement a county weed
6 control program, he or she shall instruct the control authority regarding
7 the measures necessary to fulfill such duties and responsibilities. The
8 director shall establish a reasonable date by which the control authority
9 shall fulfill such duties and responsibilities. If the control authority
10 fails or refuses to comply with instructions by such date, the Attorney
11 General shall file an action as provided by law against the control
12 authority for such failure or refusal.
13 (2)(a) Each control authority shall carry out the duties and
14 responsibilities vested in it under the act with respect to land under
15 its jurisdiction in accordance with rules and regulations adopted and
16 promulgated by the director. Such duties shall include the establishment
17 of a coordinated program for control of noxious weeds and restricted
18 plants within the county.
19 (b) A control authority may cooperate with any person in carrying
20 out its duties and responsibilities under the act.
21 (3)(a) Each county board shall employ one or more weed control
22 superintendents. Each such superintendent shall, as a condition precedent
23 to employment, be certified in writing by the federal Environmental
24 Protection Agency as a commercial applicator under the Federal
25 Insecticide, Fungicide, and Rodenticide Act. Each superintendent shall be
26 bonded for such sum as the county board shall prescribe. The same person
27 may be a weed control superintendent for more than one county. Such
28 employment may be for such tenure and at such rates of compensation and
29 reimbursement for travel expenses as the county board may prescribe. Such
30 superintendent shall be reimbursed for mileage at a rate equal to or
31 greater than the rate provided in section 81-1176.
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1 (b) Under the direction of the control authority, it shall be the
2 duty of every weed control superintendent to examine all land under the
3 jurisdiction of the control authority for the purpose of determining
4 whether the Noxious Weed Control Act and the rules and regulations
5 adopted and promulgated by the director have been complied with. The weed
6 control superintendent shall: (i) Compile such data on infested areas,
7 and controlled areas, the sale and distribution of restricted plants, and
8 such other reports as the director or the control authority may require;
9 (ii) consult and advise upon matters pertaining to the best and most
10 practical methods of noxious weed and restricted plant control and render
11 assistance and direction for the most effective control; (iii)
12 investigate or aid in the investigation and prosecution of any violation
13 of the act; and (iv) perform such other duties as required by the control
14 authority in the performance of its duties. Weed control superintendents
15 shall cooperate and assist one another to the extent practicable and
16 shall supervise the carrying out of the coordinated control program
17 within the county.
18 (c) In cases involving counties in which municipalities have
19 ordinances for weed control, the control authority may enter into
20 agreements with municipal authorities for the enforcement of local weed
21 ordinances and may follow collection procedures established by such
22 ordinances. All money received shall be deposited in the noxious weed
23 control fund or, if no noxious weed control fund exists, in the county
24 general fund.
25 Sec. 6. Section 2-961, Reissue Revised Statutes of Nebraska, is
26 amended to read:
27 2-961 The director, any control authority, any weed control
28 superintendent, or anyone authorized thereb