SENATE BILL NO. 164

INTRODUCED BY K. MESAROS, B. RANEY, A. ELLIS, T. BECK, H. HARPER, M. TAYLOR, B. TASH,

C. JUNEAU, B. MOLNAR, C. TREXLER, C. HIBBARD, S. ROSE, J. STOVALL, B. EGGERS, D. TOEWS, A. HAGENER, M. COLE, M. HANSON, M. LINDEEN, R. PECK, A. CURTISS, G. DEVLIN, D. EWER,

R. LENHART, R. MENAHAN, D. MCGEE, W. CRISMORE, W. MCNUTT, L. TAYLOR, L. GROSFIELD,

B. STANG, J. HERTEL, D. HEDGES, W. REHBEIN, C. WILLIAMS, J. COBB

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING STATUTES RELATED TO NOXIOUS WEED MANAGEMENT AND PROVIDING ALTERNATIVE FUNDING SOURCES; TRANSFERRING $1,125,000 ANNUALLY FROM THE HIGHWAY NONRESTRICTED ACCOUNT TO NOXIOUS WEED MANAGEMENT PROGRAMS ; DIRECTING THE PROCEEDS TO THE NOXIOUS WEED MANAGEMENT TRUST FUND; REVISING THE MEMBERSHIP OF THE NOXIOUS WEED MANAGEMENT ADVISORY COUNCIL TO INCLUDE COUNTY REPRESENTATIVES; INCREASING THE CAP FOR THE NOXIOUS WEED MANAGEMENT TRUST FROM $2.5 MILLION TO $10 MILLION; AMENDING SECTIONS 80-7-805, 80-7-810, 80-7-811, AND 80-7-814, MCA; AND PROVIDING AN EFFECTIVE DATE AND A TERMINATION DATE."

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

Section 1. Section 80-7-805, MCA, is amended to read:

"80-7-805. Noxious weed management advisory council. (1) The director of the department shall appoint a noxious weed management advisory council to provide advice to the department concerning the administration of this part.

(2) If appointed, the council must be composed of eleven members, as follows:

(a) the director of the department of agriculture, who shall serve as presiding officer;

(b) one member representing livestock production;

(c) one member representing agriculture crop production;

(d) one member from a recreationist/wildlife group;

(e) one member who is a herbicide dealer or applicator;

(f) one member from a consumer group;

(g) one member representing biological research and control interests;

(h) one member from the Montana weed control association;

(i) two members representing counties, one each from the western and eastern parts of the state, which may include a county commissioner, district weed board member, or weed district supervisor; and

(j) one at-large member from the agricultural community."

Section 2. Section 80-7-810, MCA, is amended to read:

"80-7-810. Disposition of proceeds. (1) Three percent of the proceeds from the fee imposed in 61-3-510 may be retained by the county treasurer for costs of collection. The remainder must be deposited in the special revenue fund and must be expended as provided in 80-7-814. Twenty-five percent of the money deposited in the special revenue fund under this section must be used for research and development of integrated and nonchemical methods of weed management and for education.

(2) The amounts transferred in [section 5] must be deposited in the noxious weed management trust fund established in 80-7-811.

"

Section 3. Section 80-7-811, MCA, is amended to read:

"80-7-811. Noxious weed management trust fund. There is a noxious weed management trust fund of $10 million. The department shall administer the trust fund in accordance with this part."

Section 4. Section 80-7-814, MCA, is amended to read:

"80-7-814. Administration and expenditure of funds. (1) (a) Except as provided in subsection (1)(b), money deposited in the noxious weed management trust fund may not be committed or expended until the principal reaches $2.5 million, except in case of a noxious weed emergency as provided in 80-7-815. Once this amount is accumulated, interest or revenue generated by the trust fund and by other funding measures provided by this part must be deposited in the special revenue fund and may be expended for noxious weed management projects in accordance with this section, as long as the principal of the trust fund remains at least $2.5 million.

(b) Money deposited as principal in the trust fund from [section 5] pursuant to 80-7-810(2) may not be expended until the principal of the trust fund reaches $10 million. However, interest or revenue generated by the trust fund must be deposited in the special revenue fund and may be expended for noxious weed management projects in accordance with this section.

(2) The department may expend funds under this section through grants or contracts to communities, weed control districts, or other entities it considers appropriate for noxious weed management projects. A project is eligible to receive funds only if the county in which the project occurs has funded its own weed management program with a levy in an amount not less than 1.6 mills or an equivalent amount from another source or by an amount of not less than $100,000 for first-class counties, as defined in 7-1-2111.

(3) The department may expend funds without the restrictions specified in subsection (2) for the following:

(a) employment of a new and innovative noxious weed management project or the development, implementation, or demonstration of any noxious weed management project that may be proposed, implemented, or established by local, state, or national organizations, whether public or private. The expenditures must be on a cost-share basis with the organizations.

(b) cost-share noxious weed management programs with local weed control districts;

(c) special grants to local weed control districts to eradicate or contain significant noxious weeds newly introduced into the county. These grants may be issued without matching funds from the district.

(d) administrative expenses of the department for managing the noxious weed management program and other provisions of this part. The cost of administering the program may not exceed 12% of the total program expenses.

(e) administrative expenses incurred by the noxious weed management advisory council;

(f) a project recommended by the noxious weed management advisory council, if the department determines the project will significantly contribute to the management of noxious weeds within the state; and

(g) grants to the agricultural experiment station and the cooperative extension service for crop weed management research, evaluation, and education.

(4) The agricultural experiment station and cooperative extension service shall submit annual reports on current projects and future plans to the noxious weed management advisory council.

(5) In making expenditures under subsections (2) and (3), the department shall give preference to weed control districts and community groups.

(6) If the noxious weed management trust fund is terminated by law, the money in the fund must be divided between all counties according to rules adopted by the department for that purpose."

NEW SECTION. Section 5. Transfer of funds. There is transferred $1,125,000 annually from the highway nonrestricted account established in 15-70-125 to the noxious weed management trust fund, provided for in 80-7-810(2), for noxious weed management .

NEW SECTION. Section 6. Effective date. [This act] is effective July 1, 1999.

NEW SECTION. Section 7. Termination. [Section 5] terminates July 1, 2001.

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