AN ACT CLARIFYING RESPONSIBILITY FOR WEED CONTROL ALONG A STATE OR COUNTY HIGHWAY OR ROAD BY PROVIDING THAT A LANDOWNER WHO OWNS PROPERTY BORDERING A STATE OR COUNTY HIGHWAY OR ROAD AND DOES NOT WISH TO ENTER A VOLUNTARY AGREEMENT FOR WEED CONTROL, BUT WHO OBJECTS TO WEED CONTROL MEASURES, IS RESPONSIBLE FOR ALTERNATIVE WEED CONTROL ON THAT PROPERTY; PROVIDING PENALTIES FOR A LANDOWNER WHO OBJECTS TO WEED DISTRICT CONTROL MEASURES BUT DOES NOT PROVIDE ALTERNATIVE WEED CONTROL; REQUIRING THE DISTRICT WEED BOARD TO PROVIDE WEED CONTROL IF THE LANDOWNER DOES NOT PROVIDE ALTERNATIVE WEED CONTROL WITHIN 30 DAYS AFTER NOTIFICATION; AMENDING SECTION 7-22-2153, MCA; AND PROVIDING EFFECTIVE DATES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 7-22-2153, MCA, is amended to read:

"7-22-2153. Voluntary agreements for control of noxious weeds along roads -- liability of landowner who objects to weed district control measures -- penalties. (1) Any person may voluntarily seek to enter into an agreement for the management of noxious weeds along a state or county highway or road bordering or running through the person's land. The supervisor may draft a voluntary agreement upon the request of and in cooperation with the person. However, the agreement must, in the board's judgment, provide for effective weed management. The weed management agreement must be signed by the person and, upon approval of the board, by the presiding officer. An agreement involving a state highway right-of-way must also be signed by a representative of the department of transportation.

(2) The agreement must contain a statement disclaiming any liability of the board and, if applicable, the department of transportation for any injuries or losses suffered by the person in managing noxious weeds on the state or county highway right-of-way. The signed agreement transfers responsibility for managing noxious weeds on the specified section of right-of-way from the board to the person signing the agreement. If the board later finds that the person has failed to adhere to the agreement, the board shall issue an order informing the person that the agreement will be void and that responsibility for the management of noxious weeds on the right-of-way will revert to the board unless the person complies with the provisions of the agreement within a specified time period.

(3) (a) If a person objects to weed control measures bordering a state or county highway right-of-way and does not enter a voluntary agreement pursuant to subsections (1) and (2) and if the board finds that the person has failed to provide alternative weed control, the board shall issue an order informing the person that the management of noxious weeds on the right-of-way will be undertaken by the board unless the person provides alternative weed control within 30 days.

(b) A person who does not provide alternative weed control within the time specified in subsection (3)(a) is guilty of a misdemeanor and, upon conviction, shall be sentenced pursuant to 46-18-212 and assessed the costs of weed control provided by the board. A second or subsequent conviction is punishable by a fine of not less than $500 or more than $2,000, plus the costs of weed control provided by the board."

Section 2. Effective dates. (1) Except as provided in subsection (2), [this act] is effective on passage and approval.

(2) [Section 1(3)(b)] is effective October 1, 1999.

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I hereby certify that the within bill,

HB 0221, originated in the House.

Chief Clerk of the House

Speaker of the House

Signed this	day

of	, .

President of the Senate

Signed this	day

of	, .

HOUSE BILL NO. 221

INTRODUCED BY C. TREXLER

AN ACT CLARIFYING RESPONSIBILITY FOR WEED CONTROL ALONG A STATE OR COUNTY HIGHWAY OR ROAD BY PROVIDING THAT A LANDOWNER WHO OWNS PROPERTY BORDERING A STATE OR COUNTY HIGHWAY OR ROAD AND DOES NOT WISH TO ENTER A VOLUNTARY AGREEMENT FOR WEED CONTROL, BUT WHO OBJECTS TO WEED CONTROL MEASURES, IS RESPONSIBLE FOR ALTERNATIVE WEED CONTROL ON THAT PROPERTY; PROVIDING PENALTIES FOR A LANDOWNER WHO OBJECTS TO WEED DISTRICT CONTROL MEASURES BUT DOES NOT PROVIDE ALTERNATIVE WEED CONTROL; REQUIRING THE DISTRICT WEED BOARD TO PROVIDE WEED CONTROL IF THE LANDOWNER DOES NOT PROVIDE ALTERNATIVE WEED CONTROL WITHIN 30 DAYS AFTER NOTIFICATION; AMENDING SECTION 7-22-2153, MCA; AND PROVIDING EFFECTIVE DATES.