H.F. _____ Section 1. Section 317.1, Code 2018, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3. “Department” means the department of 3 agriculture and land stewardship. 4 Sec. 2. Section 317.1A, Code 2018, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 3. A plant is also declared to be a noxious 7 weed as provided in rules adopted by the department pursuant 8 to chapter 17A. The department’s determination shall be based 9 on a finding that the plant is competitive, persistent, or 10 pernicious, and may directly or indirectly injure or cause 11 damage to crops, other useful plants, livestock, or poultry; 12 irrigation, land, public roads, fish or wildlife resources; or 13 the public health. 14 Sec. 3. NEW SECTION . 317.1B State weed commissioner. 15 The secretary of agriculture may appoint a state weed 16 commissioner to aid in the administration of this chapter 17 and carry out other duties as assigned by the secretary of 18 agriculture relating to the control or eradication of weeds. 19 Sec. 4. NEW SECTION . 317.1C Department —— powers and 20 duties. 21 1. The department shall assist commissioners, boards of 22 supervisors, and cities in the interpretation of this chapter 23 and the administration and enforcement of this chapter. 24 2. a. The department may adopt administrative rules, 25 pursuant to chapter 17A, providing a list of plants that it 26 determines is noxious in the manner provided in section 317.1A. 27 b. The department may establish priorities from the list 28 of noxious weeds described in section 317.1A for control or 29 eradication. The priorities may be published annually and 30 made available to the state department of transportation, 31 counties, commissioners, and to the public on the internet 32 site controlled by the department of agriculture and land 33 stewardship. The state department of transportation, boards 34 of supervisors, and weed commissioners shall consider the 35 -1- LSB 6164YC (5) 87 da/rn 1/ 5

H.F. _____ priorities when establishing programs of weed control or 1 eradication pursuant to section 317.13. 2 3. The department may adopt rules, pursuant to chapter 3 17A, providing a list of recommended methods for control or 4 eradication of noxious weeds. 5 Sec. 5. Section 317.11, subsection 1, Code 2018, is amended 6 to read as follows: 7 1. The county boards of supervisors and the state department 8 of transportation shall control or eradicate noxious weeds 9 growing on the roads under their jurisdiction. Spraying 10 for control of noxious weeds shall be limited to those 11 circumstances when it is not practical to mow or otherwise 12 control the noxious weeds. 13 Sec. 6. Section 317.13, Code 2018, is amended to read as 14 follows: 15 317.13 Program of control or eradication . 16 1. The board of supervisors of each county may each 17 year, upon recommendation of the county weed commissioner by 18 resolution prescribe and order a program of weed control or 19 eradication for purposes of complying with all sections of 20 this chapter . The county board of supervisors of each county 21 may also by adopting adopt an integrated roadside vegetation 22 management plan prescribe and order as part of a program of 23 weed control or eradication for purposes of complying with all 24 sections of this chapter . The program for weed control ordered 25 or adopted by the county board of supervisors shall provide 26 that spraying for control of weeds shall be limited to those 27 circumstances when it is not practical to mow or otherwise 28 control the weeds. 29 2. The program of weed control or eradication shall include 30 a program of issuing permits for the burning, mowing, or 31 spraying of roadsides by private individuals. The county 32 board of supervisors shall allow only that burning, mowing, or 33 spraying of roadsides by private individuals that is consistent 34 with the adopted integrated roadside vegetation management 35 -2- LSB 6164YC (5) 87 da/rn 2/ 5

H.F. _____ plan. This paragraph subsection applies only to those roadside 1 areas of a county which are included in an integrated roadside 2 vegetation management plan. 3 Sec. 7. Section 317.18, Code 2018, is amended to read as 4 follows: 5 317.18 Order for weed control on roads. 6 The A county board of supervisors and the state department of 7 transportation shall control or eradicate noxious weeds growing 8 on the roads under their jurisdiction. A board of supervisors 9 may order all noxious weeds, within the right-of-way of 10 all roads under county jurisdiction to be cut, burned, or 11 otherwise controlled to prevent seed production or eradicated , 12 either upon its own motion or upon receipt of written notice 13 requesting the action from any residents of the township in 14 which the roads are located, or any person regularly using 15 the roads. The order shall be consistent with the county 16 integrated roadside vegetation management plan, if the county 17 has adopted such a plan , and the . The order shall define the 18 roads along which noxious weeds are required to be cut, burned, 19 or otherwise controlled or eradicated and shall require the 20 weeds to be cut, burned, or otherwise controlled or eradicated 21 within fifteen days after the publication of the order in 22 the official newspapers of the county or as prescribed in 23 the county’s integrated roadside vegetation management plan. 24 The order shall provide that spraying for control of noxious 25 weeds shall be limited to those circumstances when it is not 26 practical to mow or otherwise control the weeds. 27 Sec. 8. Section 317.19, subsection 1, Code 2018, is amended 28 to read as follows: 29 1. The board of supervisors may appropriate moneys to 30 be used for the purposes of cutting, burning, or otherwise 31 controlling or eradicating weeds or brush within the 32 right-of-way of roads under county jurisdiction in a manner 33 consistent with the county’s roadside vegetation management 34 plan, if the county has adopted such a plan, or in time to 35 -3- LSB 6164YC (5) 87 da/rn 3/ 5

H.F. _____ prevent reseeding program of weed control or eradication 1 pursuant to section 317.13 , except as provided in section 2 314.17 . The moneys appropriated shall not be spent on spraying 3 for control of weeds except in those circumstances when it is 4 not practical to mow or otherwise control the weeds. 5 Sec. 9. REPEALS. Sections 317.2, 317.5, 317.8, and 317.17, 6 Code 2018, are repealed. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 GENERAL. This bill provides for the control or eradication 11 of weeds, including noxious weeds, by state and local 12 governments under Code chapter 317 sometimes referred to as 13 the “weed law” (Code section 317.8(3) and (4)). The control 14 of weeds is the responsibility of a number of state and 15 governmental entities, including the department of agriculture 16 and land stewardship (DALS) headed by the secretary of 17 agriculture (secretary), the state department of transportation 18 (DOT), county boards of supervisors (boards), and county weed 19 commissioners (commissioners) appointed by their respective 20 boards. 21 LIST OF NOXIOUS WEEDS. The bill authorizes the department 22 of agriculture and land stewardship (DALS) to declare a plant 23 to be a noxious weed and added to the statutory list of noxious 24 weeds (Code section 317.1A). 25 STATE WEED COMMISSIONER. The bill authorizes the secretary 26 of agriculture to appoint a state weed commissioner to aid in 27 the administration of the Code chapter and carry out related 28 duties as assigned by the secretary of agriculture. 29 DALS’ POWERS AND DUTIES. The bill provides that DALS may 30 assist county weed commissioners, boards of supervisors, 31 and cities (local authorities) in the interpretation of 32 the Code chapter, and in the administration and enforcement 33 of its provisions. DALS may establish a list of priority 34 noxious weeds and methods of control or eradication to be 35 -4- LSB 6164YC (5) 87 da/rn 4/ 5

H.F. _____ given consideration by the DOT and local authorities when 1 establishing programs for weed control or eradication. 2 PROGRAM OR WEED CONTROL OR ERADICATION. The bill authorizes 3 a board to adopt a program of weed control or eradication. The 4 bill authorizes a board or DOT to control or eradicate noxious 5 weeds growing in roads. 6 REPEALED PROVISIONS. The bill eliminates a number of Code 7 chapter provisions, including providing for the secretary’s 8 appointment of a state botanist (Code section 317.2), the 9 control of weeds in abandoned cemeteries (Code section 10 317.5), the duty of the secretary to serve as the state weed 11 commissioner and the authority to appoint a designee (Code 12 section 317.8), the power of the secretary or secretary’s 13 designee to temporarily declare a new weed as noxious (Code 14 section 317.8), the authority of the secretary or designee to 15 impose a maximum penalty of a $10 fine for each day, up to 10 16 days, that the state agency in control of land fails to comply 17 with an order for destruction of weeds (Code section 317.8), 18 and the requirement that a notice of an order arising out of a 19 program of weed control be provided to property owners (Code 20 section 317.14). 21 APPLICABLE PENALTY. An officer who neglects or fails to 22 perform a duty under the Code chapter is guilty of a simple 23 misdemeanor. A simple misdemeanor is punishable by confinement 24 for no more than 30 days or a fine of at least $65 but not more 25 than $625 or by both. 26 -5- LSB 6164YC (5) 87 da/rn 5/ 5