State Codes and Statutes

Statutes > Wyoming > Title11 > Chapter5

CHAPTER 5 - WEED AND PEST CONTROL

 

ARTICLE 1 - IN GENERAL

 

11-5-101. Short title; purpose of provisions.

 

 

(a) This act may be cited as the "Wyoming Weed and PestControl Act of 1973".

 

(b) The purpose of this act is controlling designated weeds andpests.

 

11-5-102. Definitions.

 

 

(a) As used in this act:

 

(i) "Agricultural pesticide" means any material usedto control or eradicate weeds or pests;

 

(ii) "Authorized dealer" means a resident of Wyomingwho sells, retails, wholesales, distributes, offers or exposes for sale,exchanges, barters or gives away any agricultural pesticide within this state;

 

(iii) "Board" means the Wyoming board of agricultureestablished by authority of W.S. 11-2-101 through 11-2-104;

 

(iv) "Director" means the director of the departmentof agriculture for the state of Wyoming or his designated agent;

 

(v) "Control" means the process of containing andlimiting weed and pest infestations;

 

(vi) "County commissioners" means the board of countycommissioners of a county within which a district is located;

 

(vii) "Declared pest" means any animal or insect whichthe board and the Wyoming weed and pest council have found, either by virtue ofits direct effect, or as a carrier of disease or parasites, to be detrimentalto the general welfare of persons residing within a district;

 

(viii) "Declared weed" means any plant which the boardand the Wyoming weed and pest council have found, either by virtue of its directeffect, or as a carrier of disease or parasites, to be detrimental to thegeneral welfare of persons residing within a district;

 

(ix) "Department" means the state department ofagriculture;

 

(x) "Designated list" means the list of weeds andpests from time to time designated by joint resolution of the board and theWyoming weed and pest council;

 

(xi) "Designated noxious weeds" means the weeds, seedsor other plant parts that are considered detrimental, destructive, injurious orpoisonous, either by virtue of their direct effect or as carriers of diseasesor parasites that exist within this state, and are on the designated list;

 

(xii) "Designated pests" means animals or insects whichare on the designated list considered detrimental to the general welfare of thestate;

 

(xiii) Repealed by Laws 1993, ch. 191, 4.

 

(xiv) "District" means any county weed and pest controldistrict;

 

(xv) "District board" means the board of directors ofa district having jurisdiction within the boundaries of the district itrepresents;

 

(xvi) "District board member area" means a geographicalarea within a district from which a member of the board of the district isappointed;

 

(xvii) Repealed by Laws 1993, ch. 191, 4.

 

(xviii) "Farm products" means all crops, crop products,plants or portions thereof, but shall not mean livestock;

 

(xix) "Infested farm products" means farm productswhich contain injurious insects, pests, weed seed, poisonous or injuriousplants or any injurious portion thereof, or plant diseases;

 

(xx) "Landowner" means any owner or lessee of state,municipal or private land, and includes an owner of any easement, right-of-wayor estate in the land. Federal landowner means the federal agency havingjurisdiction over any lands affected by this act;

 

(xxi) "District supervisor" means the person appointedor employed by the district board for the purpose of carrying out this actwithin a district;

 

(xxii) "Wyoming weed and pest council" means the statecouncil composed of one (1) representative of each district as authorized inwriting by that board of directors. The director of the department ofagriculture or his designated representative shall serve ex officio;

 

(xxiii) "This act" means W.S. 11-5-101 through 11-5-119.

 

11-5-103. Composition of districts.

 

All land within the boundaries of Wyomingincluding all federal, state, private and municipally owned lands, is herebyincluded in weed and pest control districts within the county in which the landis located, with the boundaries of the district being the same as theboundaries of the county. Each district shall be known as the ".... CountyWeed and Pest Control District, State of Wyoming."

 

11-5-104. District board of directors; appointment; terms; vacancies;compensation and expenses.

 

 

(a) The county commissioners of each district shall hold apublic meeting for appointing a district board of directors for the district.Prior to the meeting the county commissioners shall establish the number ofmembers of the district board and shall establish district board member areas.The county commissioners may seek the advice and counsel of the members of theformer district board for the establishment of district board member areas.Each district board member area shall be contiguous. Notice of the meetingshall be advertised in the official newspaper of the county at least two (2)times before the date of the meeting, with the last publication being at leastten (10) days prior to the date of the meeting. The notice shall solicit nominationsfor directors by petition signed by at least ten (10) landowners to besubmitted at least five (5) days before the date of the meeting.

 

(b) From the nominations submitted the county commissionersshall appoint the district board which shall consist of five (5) or seven (7)directors. Directors shall serve for a term of four (4) years or until theirsuccessors are appointed and qualified.

 

(c) Any qualified elector in the district board member area heis appointed to represent is eligible to hold the office of director.

 

(d) All district board members shall be appointed by the countycommissioners at their first regular meeting in January of each year from amongnominations submitted by petition in the manner set forth in subsection (a) ofthis section. In districts encompassing cities or towns with a population offive thousand (5,000) or more, one (1) district board member shall be appointedfrom within the limits of a city or town. A district board member shall assumeoffice at the first regular meeting of the district board followingappointment.

 

(e) The county commissioners shall remove a director forrepeated unexcused failure to attend meetings or for refusal or incapacity toact as a district board member.

 

(f) When a vacancy occurs on a district board the countycommissioners shall, at the next regular meeting, appoint an individual whopossesses the necessary qualifications as a district board member to fill theunexpired term.

 

(g) At the first regular meeting in February the district boardshall elect from its members a chairman and a vice-chairman, and appoint asecretary and a treasurer. The positions of secretary and treasurer need not bemembers of the district board. The treasurer shall furnish a surety bond to thedistrict before entering upon the duties of office in an amount to be set bythe district board but not less than three thousand dollars ($3,000.00).

 

(h) The members of the district board shall serve without pay,but are entitled to reimbursement for actual and necessary expenses and amileage allowance at the rate as established for state employees.

 

11-5-105. Duties; powers; supervisor compensation.

 

(a) The district board shall:

 

(i) Implement and pursue an effective program for the controlof designated weeds and pests;

 

(ii) Fix the time and place of regular meetings, which shalloccur at least once each month and shall be open to the public;

 

(iii) Keep minutes of all meetings and a complete record of allofficial acts, including all warrants issued against monies belonging to thedistrict, which are open for public inspection during regular office hours;

 

(iv) Employ certified district supervisors and if certifiedpersonnel are not available, employ an acting district supervisor who shallbecome certified within twenty-four (24) months from the initial date ofemployment;

 

(v) Make at least one (1) annual inspection to determine theprogress of weed and pest activities within a district;

 

(vi) Obtain competitive bids for any purchase costing more thanten thousand dollars ($10,000.00);

 

(vii) Control and disburse all monies received from any source;

 

(viii) Render technical assistance to any city or town with apopulation of five thousand (5,000) or more which establishes a program asprovided in W.S. 11-5-115.

 

(b) The district board of each district may:

 

(i) Sue and be sued;

 

(ii) Employ personnel and determine duties and conditions ofemployment;

 

(iii) Coordinate activities with the department and enter intocooperative agreements with other agencies;

 

(iv) Secure and maintain bond or liability insurance, whendeemed feasible by the district board;

 

(v) Submit to the department reports required by the board;

 

(vi) Participate in programs for the control of declared weedsand declared pests not included on the designated list. Such programs do notqualify for cost-sharing from the department.

 

(c) The district supervisor shall receive a salary and expensesas approved by the district board.

 

11-5-106. Board of certification; duties.

 

A board of certification is establishedconsisting of the director or his designee, a University of Wyoming weed orpest specialist appointed by the dean of the college of agriculture, two (2)certified district supervisors and a district board member appointed by theWyoming weed and pest council. The board of certification shall promulgaterules and requirements for certification of district supervisors and shallcertify all personnel meeting the established requirements. All inspectors certifiedas of February 10, 1973 are deemed certified district supervisors without anyfurther actions of the board of certification.

 

11-5-107. Purchase and sale of pesticides and equipment.

 

 

(a) The district board may purchase from authorized dealerssuch quantities of agricultural pesticides and equipment as are necessary, andhire labor to carry out the provisions of this act. Warrants in payment shallbe drawn on the weed and pest control fund.

 

(b) The district board may sell agricultural pesticides whichhave been registered with the department for weed and pest control.

 

(c) In the case of delinquent indebtedness under this sectionthe district board may seek a judgment from the district court for theindebtedness, reasonable attorneys' fees and costs. The judgment shall beenforced as provided by law.

 

11-5-108. Rates and application of pesticides; payment by landowner;bidding restriction.

 

(a) The district board may establish rates and engage in theapplication of agricultural pesticides for weed and pest control, subject tosubsection (b) of this section. The district board may cost share in theagricultural pesticides, and the landowner shall pay the full cost of theapplication. If services provided are not paid for by the landowner for whomrendered, such indebtedness may be collected as provided by W.S. 11-5-107(c).

 

(b) A district board shall not engage in competitive bidding ofbare ground application of pesticides for industrial weed control, unless thereare no commercially licensed entities operating in the state that are able andwilling to perform the service. Nothing in this subsection shall limit thedistrict board's authority to act pursuant to W.S. 11-5-105(a)(i) and 11-5-109.

 

11-5-109. Inspection of land; remedial requirements; cost tolandowner.

 

 

(a) Whenever the district board has probable cause to believethat there exists land infested by weeds or pests which are liable to spreadand contribute to the injury or detriment of others, it shall make or have madean investigation of the suspected premises through the use of lawful entryprocedures. The designated representative of the district board, after givingthe landowner written notice, may go upon premises within the district, throughthe use of lawful entry procedures, without interference or obstruction forpurposes of making a reasonable investigation of the infested area. Notice isdeemed to have been given if it is deposited in a United States post office bycertified mail with sufficient postage, addressed to the last known address ofthe landowner at least five (5) days before entry.

 

(b) If the suspected area is found to be infested, the districtboard, by resolution adopted by two-thirds (2/3) of its members, shall confirmsuch fact. The district board may set forth minimum remedial requirements forcontrol of the infested area.

 

(c) The district board shall deliver, by certified mail, to theaddress of the landowner appearing on the most recent tax roles of thedistrict:

 

(i) A copy of the resolution;

 

(ii) A statement of the cost of fulfilling the requirements; and

 

(iii) A request that the requirements contained in the resolutionbe carried out at the owner's expense within a designated period of time or ona cooperative basis.

 

(d) At the request of the landowner, the district board shallhold a hearing in accordance with the Wyoming Administrative Procedure Act.

 

(e) A landowner who is responsible for an infestation and failsor refuses to perform the remedial requirements for the control of the weed orpest on the infested area within the time designated may be fined not more thanfifty dollars ($50.00) per day for each day of violation and not more than atotal of two thousand five hundred dollars ($2,500.00) per year as determinedby the court. Any person accused under this act is entitled to a trial by jury.The accumulated fines under this section are a lien against the property of thelandowner from the day notice is delivered to the landowner by the districtboard. All fines shall be deposited with the county treasurer and credited tothe county school fund.

 

11-5-110. Appraisal of damage to landowner; hearing.

 

When the district board determines byresolution that the landowner's property has been damaged as a result ofcarrying out its requirements, the district board shall by resolution appointthree (3) disinterested freeholders within the district to appraise the amountof damage, upon which the district shall forthwith compensate the landowner.The landowner may file a claim for damages and is entitled to a hearingrelative to the amount of damages pursuant to the Wyoming AdministrativeProcedure Act.

 

11-5-111. Tax levied on property in district; maximum amount; weed andpest control fund.

 

The county commissioners shall annually levya tax to carry out this act. The tax shall be levied upon all property in thedistrict and shall not exceed one (1) mill on each one dollar ($1.00) ofassessed valuation. The tax is not part of the general county or city milllevies. All taxes levied and collected shall be remitted to the district for aseparate fund to be known as the weed and pest control fund, which shall beused only to carry out this act.

 

11-5-112. Repealed by Laws 1979, ch. 135, 3.

 

11-5-113. Allocation of funds; formula; special funding.

 

 

(a) An allocation committee composed of the director of thedepartment of agriculture, three (3) members appointed by the Wyoming weed andpest council and one (1) member of the board shall allocate the funds of anylegislative appropriation to the district boards pursuant to a formula adoptedby the committee. No district board shall receive an amount in excess ofone-third (1/3) of its actual expenditures from any appropriation, unless theappropriation provides assistance in control to a district board undersubsection (b) of this section.

 

(b) If the district board determines a weed or pest isseriously endangering areas of a district or the state, assistance in controlmay be provided by legislative appropriation for this purpose, and theallocation committee shall allocate the appropriation accordingly, and theallocation committee and each affected district board shall be responsible forinsuring that the funds are properly expended.

 

11-5-114. Allocated funds; procedure to disburse.

 

A request for allocated funds pursuant toW.S. 11-5-113 shall be initiated by the district board by submitting a voucherand documentation. Upon the approval of the voucher by the allocationcommittee, payment shall be made by the state auditor out of funds provided forcontrol of weeds and pests.

 

11-5-115. Program in cities and towns authorized; funding; use ofmonies.

 

 

(a) The governing body of any city or town with a population offive thousand (5,000) or more may establish and administer a program for thecontrol of weeds and pests within the jurisdictional limits of the city ortown. If such a program is not established, the district board shall administera program for the city or town.

 

(b) A district having a city or town with a population of fivethousand (5,000) or more which establishes a program shall, within thirty (30)days after receipt of any funds collected pursuant to W.S. 11-5-111, transfereighty-five percent (85%) of the funds attributed to the property within thecorporate limits of the city or town to the governing body of the city or town,retaining fifteen percent (15%) of the funds for administration of the districtand for technical assistance rendered to the city or town by the districtboard.

 

(c) Monies received by the cities from the district may be usedin any phase of weed and pest control as determined by the governing body ofthe city or town. The control program shall include work on designated weedsand pests as determined by the district board.

 

(d) The governing body of a city or town which establishes acontrol program may petition the district board for special assistance andfunding authorized by W.S. 11-5-113 and 11-5-114.

 

11-5-116. Quarantine by director; request by district.

 

 

(a) Whenever the director, the district board or their agentsfind any section of the state to be infested with insects, pests, poisonous orinjurious plants or plant diseases, and it is established that farm productsfrom that section are liable to spread the insects, pests, poisonous orinjurious plants or plant diseases into other sections to the injury of others,the director shall without unnecessary delay, declare a quarantine against suchsection to prevent the transfer of farm products from the quarantined area.When it is ascertained that insects, pests, weed seed, poisonous or injuriousplants or plant diseases are likely to be introduced into Wyoming by theimportation of farm products, domestic animals or other objects, the directorshall declare a quarantine against the importation of such farm products.

 

(b) A district may initiate a district-wide quarantine by one(1) of the following procedures:

 

(i) A district may request in writing that the director declarea district-wide quarantine. Upon receipt of the request, the director shallinstruct the district to circulate a petition for ninety (90) days within thedistrict to obtain signatures of at least two-thirds (2/3) of all residentlandowners owning at least fifty-one percent (51%) of all resident-owned land.Upon receipt of the properly executed petition, the director shall declare adistrict-wide quarantine;

 

(ii) A district board may hold a hearing in compliance with theWyoming Administrative Procedure Act. The director shall declare adistrict-wide quarantine when the district has provided the director withproper documentation that a hearing has been held and the district has found aneed for a district-wide quarantine;

 

(iii) The district board may hold a district-wide referendum. Thedirector shall declare a district-wide quarantine upon receipt of a certifieddocument indicating that the referendum was accepted by a majority of theelectors who voted in the election.

 

(c) The director shall declare an individual quarantine whenrequested by resolution adopted by a two-thirds (2/3) majority of the board.

 

(d) The district board in compliance with W.S. 11-5-101 through11-5-119 may request a quarantine against the entry of infested farm productsthat may be injurious and detrimental to the state and enter into agreementswith the law enforcing agencies to carry out the quarantine provision:

 

(i) Farm products and equipment shall be certified free ofdesignated noxious weed seeds or infested farm products prior to entry into thestate, with the exception of any processed feed or grain to be reprocessed andfed to livestock;

 

(ii) Farm products and equipment are to be certified in thestate of origin by the proper officials;

 

(iii) Interstate shipment of farm products through the state neednot be certified if covered in a prescribed manner as not to allow thedissemination of infested farm products.

 

11-5-117. Criminal provision; penalty.

 

Any person violating any provision of thisact is guilty of a misdemeanor, and shall be fined not more than one hundreddollars ($100.00) in addition to fines provided for in W.S. 11-5-109(e).

 

11-5-118. Inspection for contamination.

 

Farm products and agricultural, commercialor industrial equipment entering or moving within the district are subject toinspection for contamination of designated weeds and pests by the districtboard through its designated agents. The board and the Wyoming weed and pestcouncil may promulgate rules and regulations which establish inspectionstandards and remedial requirements under this section.

 

11-5-119. Rules and regulations.

 

The board, with the approval of a majorityof the districts, may promulgate, adopt and publish rules and regulations inaccordance with the Wyoming Administrative Procedure Act for the purpose ofcarrying out the intent of this act.

 

ARTICLE 2 - LEAFY SPURGE CONTROL

 

11-5-201. Repealed by Laws 1983, ch. 87, 1.

 

11-5-202. Repealed by Laws 1983, ch. 87, 2.

 

ARTICLE 3 - SPECIAL MANAGEMENT PROGRAM

 

11-5-301. Authorization of program.

 

A weed and pest special management programmay be carried out as provided by this article and legislative appropriationacts. All state and local governmental entities shall comply with the program.

 

11-5-302. Definitions.

 

 

(a) As used in this article:

 

(i) "District" means any county weed and pest controldistrict;

 

(ii) "Integrated management system" means the planningand implementation of a coordinated program utilizing all proven methods forcontaining and controlling undesirable plants and pests, including but notlimited to education, preventive measures, physical methods, biological agents,pesticide methods, cultural methods and management;

 

(iii) "Management zone" means a geographical areawithin a district;

 

(iv) "Materials" means materials used in carrying outthe objectives of integrated management system;

 

(v) "Method" means a procedure or process forcarrying out the application method prescribed;

 

(vi) "Pest" means any declared pest or designated pestdefined by W.S. 11-5-102(a);

 

(vii) "Treatment program" means the use of anintegrated management system prescribed by the district board or the board'sdesignated representative;

 

(viii) "Undesirable plant" means any declared weed ordesignated noxious weed as defined by W.S. 11-5-102(a).

 

11-5-303. Program components; funding; rulemaking authority;penalties.

 

 

(a) Any district may carry out a weed and pest specialmanagement program in accordance with this article. If a district initiates aprogram, leafy spurge (Euphorbia esula) shall receive priority in the program. A district may also implement an integrated management system under W.S.11-5-101 through 11-5-119 using funds specified by W.S. 11-5-111, providedleafy spurge shall receive priority pursuant to this article.

 

(b) Pursuant to this article a district may implement anintegrated management system on two (2) undesirable plants or on two (2) pestsor a combination of one (1) undesirable plant and one (1) pest but under nocircumstance shall the program exceed a total of two (2).

 

(c) Any district which implements a special management programunder this article shall:

 

(i) Establish one (1) or more management zones within thedistrict. A management zone can only be formed with the written consent of amajority of the landowners in the proposed management zone;

 

(ii) Complete an inventory on lands within each management zoneto determine the scope of infestation;

 

(iii) Establish management criteria for the special managementprogram;

 

(iv) Select the materials and methods for the special managementprogram based upon best available scientific facts, current technology andeconomic considerations;

 

(v) At least ten (10) days before final approval of the programby the district supervisors, publish notice in at least one (1) newspaper ofgeneral circulation within the county describing the special managementprogram, listing the participating landowners and stating the approximate costof the program.

 

(d) Programs under this article shall be funded as follows:

 

(i) Landowners shall contribute to the cost of the treatmentprogram on their land as determined by the district board not to exceed twentypercent (20%) of the total cost;

 

(ii) The district shall contribute to the cost of the treatmentprogram within the limitation of district funds available under subsection (e)of this section;

 

(iii) State or federal agencies owning lands or administeringlands, which are untaxed for the purposes of this act, shall contribute thetotal cost of the treatment program on those lands;

 

(iv) Assistance to a district's coordinated program may beprovided by legislative appropriation pursuant to W.S. 11-5-113(b).

 

(e) A district may levy not to exceed an additional one (1)mill on the assessed value of the taxable property within the district to fundits contributions under this section. Upon request by the district board, theboard of county commissioners may levy the amount of tax requested not toexceed the mill levy authorized by W.S. 11-5-111 and this subsection.

 

(f) Any landowner who refuses to perform remedial requirementsas established by the district board after due notice as required by W.S.11-5-109 may be subject to a fine provided by W.S. 11-5-109.

 

(g) The state board of agriculture may:

 

(i) Adopt rules and regulations as provided by W.S. 11-5-119 toimplement an effective special management program in Wyoming; and

 

(ii) Establish procedures for prompt reporting and billing ofexpenditures made and for timely forecasting of future expenditures which willbe required.

 

ARTICLE 4 - EMERGENCY INSECT MANAGEMENT PROGRAM

 

11-5-401. Definitions.

 

(a) As used in this article:

 

(i) "Account" means the emergency insect managementspecial revenue account created under W.S. 11-5-402;

 

(ii) "Committee" means the director of the departmentof agriculture, the director of the department of health, the director of thegame and fish department, the Wyoming state veterinarian and the governor;

 

(iii) "Insect pests" mean infestations of grasshoppers,Mormon crickets or other cyclic or outbreak insect infestations or insectspecies new, recently introduced or which present a substantial possibility tobe introduced into Wyoming such as fire ants, Africanized honeybees or otherinsect pests;

 

(iv) "Insect vectors" mean blood-feeding arthropods,mosquitoes, biting flies and other such insects that harbor or transmitpathogens harmful to human health and safety, animal health including livestockand wildlife, agriculture or natural resources.

 

11-5-402. Emergency insect management account; established.

 

The emergency insect management program account is created to consist of funds appropriated or designated to theaccount by law for the emergency management of insect pests or insect vectors.

 

11-5-403. Administrative support for committee.

 

Administrative support to the committeeshall be provided by the department of agriculture. Expenses of the committeeincurred under this article including administrative support shall be paid fromthe account.

 

11-5-404. Program development; additional committee responsibilities;annual report.

 

(a) Emergency insect management programs developed andreceiving funds from the account under this article shall be based uponintegrated pest management principles using the most current, scientificallyvalid methods to manage insect pests and vectors.

 

(b) Subject to subsection (a) of this section, the committeeshall establish policies, standards and guidelines for programs receiving fundsfrom the account under this article. In accordance with established programguidelines and policies, the committee shall review applications forparticipation submitted under this article, and based upon its review andevaluation, approve or disapprove program applications and if approved,establish the amount of program funding from the account.

 

(c) In addition to subsection (b) of this section, thecommittee shall, in cooperation with the governor, collect and compile datanecessary to determine if emergency insect management programs under this articleinvolve any threatened or endangered species under the federal EndangeredSpecies Act of 1973, 16 U.S.C. 1531 et seq., as amended. If programs involvesuch species, the committee, in cooperation with the governor, shall request anexemption from federal regulation under this act for insect managementpurposes.

 

(d) The committee shall establish necessary procedures toprocess applications filed pursuant to this article.

 

(e) In addition to subsection (d) of this section, thecommittee shall annually report its activities for each fiscal period asrequired under W.S. 9-2-1014.

 

11-5-405. Advisory assistance; assistance specified; expenses.

 

(a) To assist with the establishment of policies, guidelinesand the development of programs under this article, the committee may assemblenecessary expertise from one (1) or more of the following organizations,institutions, groups or individuals:

 

(i) The Wyoming county commissioners association;

 

(ii) The Wyoming association of municipalities;

 

(iii) Pesticide applicators;

 

(iv) Landowners;

 

(v) Agricultural producers;

 

(vi) University of Wyoming faculty and staff;

 

(vii) Scientific and technology industry representatives;

 

(viii) Public representatives; and

 

(ix) Other representatives or individuals as may be determinedby the committee.

 

(b) Persons assisting the committee in an advisory capacitypursuant to subsection (a) of this section and not employed by the state norany political subdivision of the state shall receive reimbursement for actual andnecessary expenses and mileage allowance at the rates established by law forstate employees.

 

11-5-406. Program participation requirements; application; fundingparticipation levels specified; restriction on expenditures.

 

(a) Any state agency or political subdivision may apply to thecommittee for participation in emergency insect management programs under thisarticle. Applications shall be filed with the department of agriculture andshall at minimum, substantiate compliance with standards and guidelinesestablished by the committee.

 

(b) Emergency management program participation under thisarticle shall be subject to the following requirements:

 

(i) Insect vector management programs or nonoutbreak insectprograms shall receive not more than fifty percent (50%) of total program costsfrom the account;

 

(ii) Subject to paragraph (iii) of this subsection, a reactiveprogram for the suppression of outbreaks of grasshoppers, Mormon crickets orother outbreak insects on state and private lands shall receive not more thanfifty percent (50%) of total program costs from the account;

 

(iii) If the emergency insect management program under paragraph(ii) of this subsection is for grasshopper suppression, the program shallconsist of treatments targeting infestations greater than two thousand (2,000)acres or those suppressing less than the entire infestation regardless of size;

 

(iv) Subject to paragraph (v) of this subsection, a proactive,preventative program targeting incipient infestations of grasshoppers, Mormoncrickets or other outbreak insects on state and private lands, with thepotential to expand into outbreaks, shall receive not more than seventy-fivepercent (75%) of total program costs from the account;

 

(v) If the emergency insect management program under paragraph(iv) of this subsection is for grasshoppers, the program shall include up totwo thousand (2,000) acres if the entire infestation is included within theprogram;

 

(vi) During the first three (3) years of operation of any emergencyinsect management program, not more than twenty percent (20%) of funds providedto the program from the account shall be used for administrative costs,equipment and mapping activities, and not more than ten percent (10%) of suchfunds shall be used for these purposes in subsequent years;

 

(vii) In addition to paragraph (vi) of this subsection and duringthe first three (3) years of program operation, not more than twenty percent(20%) of funds provided from the account to any program shall be expended forapplied research specifically designed to provide immediate results directly insupport of improved integrated pest management practices, and not more than tenpercent (10%) of such funds may be used for this purpose in subsequent years.

 

State Codes and Statutes

Statutes > Wyoming > Title11 > Chapter5

CHAPTER 5 - WEED AND PEST CONTROL

 

ARTICLE 1 - IN GENERAL

 

11-5-101. Short title; purpose of provisions.

 

 

(a) This act may be cited as the "Wyoming Weed and PestControl Act of 1973".

 

(b) The purpose of this act is controlling designated weeds andpests.

 

11-5-102. Definitions.

 

 

(a) As used in this act:

 

(i) "Agricultural pesticide" means any material usedto control or eradicate weeds or pests;

 

(ii) "Authorized dealer" means a resident of Wyomingwho sells, retails, wholesales, distributes, offers or exposes for sale,exchanges, barters or gives away any agricultural pesticide within this state;

 

(iii) "Board" means the Wyoming board of agricultureestablished by authority of W.S. 11-2-101 through 11-2-104;

 

(iv) "Director" means the director of the departmentof agriculture for the state of Wyoming or his designated agent;

 

(v) "Control" means the process of containing andlimiting weed and pest infestations;

 

(vi) "County commissioners" means the board of countycommissioners of a county within which a district is located;

 

(vii) "Declared pest" means any animal or insect whichthe board and the Wyoming weed and pest council have found, either by virtue ofits direct effect, or as a carrier of disease or parasites, to be detrimentalto the general welfare of persons residing within a district;

 

(viii) "Declared weed" means any plant which the boardand the Wyoming weed and pest council have found, either by virtue of its directeffect, or as a carrier of disease or parasites, to be detrimental to thegeneral welfare of persons residing within a district;

 

(ix) "Department" means the state department ofagriculture;

 

(x) "Designated list" means the list of weeds andpests from time to time designated by joint resolution of the board and theWyoming weed and pest council;

 

(xi) "Designated noxious weeds" means the weeds, seedsor other plant parts that are considered detrimental, destructive, injurious orpoisonous, either by virtue of their direct effect or as carriers of diseasesor parasites that exist within this state, and are on the designated list;

 

(xii) "Designated pests" means animals or insects whichare on the designated list considered detrimental to the general welfare of thestate;

 

(xiii) Repealed by Laws 1993, ch. 191, 4.

 

(xiv) "District" means any county weed and pest controldistrict;

 

(xv) "District board" means the board of directors ofa district having jurisdiction within the boundaries of the district itrepresents;

 

(xvi) "District board member area" means a geographicalarea within a district from which a member of the board of the district isappointed;

 

(xvii) Repealed by Laws 1993, ch. 191, 4.

 

(xviii) "Farm products" means all crops, crop products,plants or portions thereof, but shall not mean livestock;

 

(xix) "Infested farm products" means farm productswhich contain injurious insects, pests, weed seed, poisonous or injuriousplants or any injurious portion thereof, or plant diseases;

 

(xx) "Landowner" means any owner or lessee of state,municipal or private land, and includes an owner of any easement, right-of-wayor estate in the land. Federal landowner means the federal agency havingjurisdiction over any lands affected by this act;

 

(xxi) "District supervisor" means the person appointedor employed by the district board for the purpose of carrying out this actwithin a district;

 

(xxii) "Wyoming weed and pest council" means the statecouncil composed of one (1) representative of each district as authorized inwriting by that board of directors. The director of the department ofagriculture or his designated representative shall serve ex officio;

 

(xxiii) "This act" means W.S. 11-5-101 through 11-5-119.

 

11-5-103. Composition of districts.

 

All land within the boundaries of Wyomingincluding all federal, state, private and municipally owned lands, is herebyincluded in weed and pest control districts within the county in which the landis located, with the boundaries of the district being the same as theboundaries of the county. Each district shall be known as the ".... CountyWeed and Pest Control District, State of Wyoming."

 

11-5-104. District board of directors; appointment; terms; vacancies;compensation and expenses.

 

 

(a) The county commissioners of each district shall hold apublic meeting for appointing a district board of directors for the district.Prior to the meeting the county commissioners shall establish the number ofmembers of the district board and shall establish district board member areas.The county commissioners may seek the advice and counsel of the members of theformer district board for the establishment of district board member areas.Each district board member area shall be contiguous. Notice of the meetingshall be advertised in the official newspaper of the county at least two (2)times before the date of the meeting, with the last publication being at leastten (10) days prior to the date of the meeting. The notice shall solicit nominationsfor directors by petition signed by at least ten (10) landowners to besubmitted at least five (5) days before the date of the meeting.

 

(b) From the nominations submitted the county commissionersshall appoint the district board which shall consist of five (5) or seven (7)directors. Directors shall serve for a term of four (4) years or until theirsuccessors are appointed and qualified.

 

(c) Any qualified elector in the district board member area heis appointed to represent is eligible to hold the office of director.

 

(d) All district board members shall be appointed by the countycommissioners at their first regular meeting in January of each year from amongnominations submitted by petition in the manner set forth in subsection (a) ofthis section. In districts encompassing cities or towns with a population offive thousand (5,000) or more, one (1) district board member shall be appointedfrom within the limits of a city or town. A district board member shall assumeoffice at the first regular meeting of the district board followingappointment.

 

(e) The county commissioners shall remove a director forrepeated unexcused failure to attend meetings or for refusal or incapacity toact as a district board member.

 

(f) When a vacancy occurs on a district board the countycommissioners shall, at the next regular meeting, appoint an individual whopossesses the necessary qualifications as a district board member to fill theunexpired term.

 

(g) At the first regular meeting in February the district boardshall elect from its members a chairman and a vice-chairman, and appoint asecretary and a treasurer. The positions of secretary and treasurer need not bemembers of the district board. The treasurer shall furnish a surety bond to thedistrict before entering upon the duties of office in an amount to be set bythe district board but not less than three thousand dollars ($3,000.00).

 

(h) The members of the district board shall serve without pay,but are entitled to reimbursement for actual and necessary expenses and amileage allowance at the rate as established for state employees.

 

11-5-105. Duties; powers; supervisor compensation.

 

(a) The district board shall:

 

(i) Implement and pursue an effective program for the controlof designated weeds and pests;

 

(ii) Fix the time and place of regular meetings, which shalloccur at least once each month and shall be open to the public;

 

(iii) Keep minutes of all meetings and a complete record of allofficial acts, including all warrants issued against monies belonging to thedistrict, which are open for public inspection during regular office hours;

 

(iv) Employ certified district supervisors and if certifiedpersonnel are not available, employ an acting district supervisor who shallbecome certified within twenty-four (24) months from the initial date ofemployment;

 

(v) Make at least one (1) annual inspection to determine theprogress of weed and pest activities within a district;

 

(vi) Obtain competitive bids for any purchase costing more thanten thousand dollars ($10,000.00);

 

(vii) Control and disburse all monies received from any source;

 

(viii) Render technical assistance to any city or town with apopulation of five thousand (5,000) or more which establishes a program asprovided in W.S. 11-5-115.

 

(b) The district board of each district may:

 

(i) Sue and be sued;

 

(ii) Employ personnel and determine duties and conditions ofemployment;

 

(iii) Coordinate activities with the department and enter intocooperative agreements with other agencies;

 

(iv) Secure and maintain bond or liability insurance, whendeemed feasible by the district board;

 

(v) Submit to the department reports required by the board;

 

(vi) Participate in programs for the control of declared weedsand declared pests not included on the designated list. Such programs do notqualify for cost-sharing from the department.

 

(c) The district supervisor shall receive a salary and expensesas approved by the district board.

 

11-5-106. Board of certification; duties.

 

A board of certification is establishedconsisting of the director or his designee, a University of Wyoming weed orpest specialist appointed by the dean of the college of agriculture, two (2)certified district supervisors and a district board member appointed by theWyoming weed and pest council. The board of certification shall promulgaterules and requirements for certification of district supervisors and shallcertify all personnel meeting the established requirements. All inspectors certifiedas of February 10, 1973 are deemed certified district supervisors without anyfurther actions of the board of certification.

 

11-5-107. Purchase and sale of pesticides and equipment.

 

 

(a) The district board may purchase from authorized dealerssuch quantities of agricultural pesticides and equipment as are necessary, andhire labor to carry out the provisions of this act. Warrants in payment shallbe drawn on the weed and pest control fund.

 

(b) The district board may sell agricultural pesticides whichhave been registered with the department for weed and pest control.

 

(c) In the case of delinquent indebtedness under this sectionthe district board may seek a judgment from the district court for theindebtedness, reasonable attorneys' fees and costs. The judgment shall beenforced as provided by law.

 

11-5-108. Rates and application of pesticides; payment by landowner;bidding restriction.

 

(a) The district board may establish rates and engage in theapplication of agricultural pesticides for weed and pest control, subject tosubsection (b) of this section. The district board may cost share in theagricultural pesticides, and the landowner shall pay the full cost of theapplication. If services provided are not paid for by the landowner for whomrendered, such indebtedness may be collected as provided by W.S. 11-5-107(c).

 

(b) A district board shall not engage in competitive bidding ofbare ground application of pesticides for industrial weed control, unless thereare no commercially licensed entities operating in the state that are able andwilling to perform the service. Nothing in this subsection shall limit thedistrict board's authority to act pursuant to W.S. 11-5-105(a)(i) and 11-5-109.

 

11-5-109. Inspection of land; remedial requirements; cost tolandowner.

 

 

(a) Whenever the district board has probable cause to believethat there exists land infested by weeds or pests which are liable to spreadand contribute to the injury or detriment of others, it shall make or have madean investigation of the suspected premises through the use of lawful entryprocedures. The designated representative of the district board, after givingthe landowner written notice, may go upon premises within the district, throughthe use of lawful entry procedures, without interference or obstruction forpurposes of making a reasonable investigation of the infested area. Notice isdeemed to have been given if it is deposited in a United States post office bycertified mail with sufficient postage, addressed to the last known address ofthe landowner at least five (5) days before entry.

 

(b) If the suspected area is found to be infested, the districtboard, by resolution adopted by two-thirds (2/3) of its members, shall confirmsuch fact. The district board may set forth minimum remedial requirements forcontrol of the infested area.

 

(c) The district board shall deliver, by certified mail, to theaddress of the landowner appearing on the most recent tax roles of thedistrict:

 

(i) A copy of the resolution;

 

(ii) A statement of the cost of fulfilling the requirements; and

 

(iii) A request that the requirements contained in the resolutionbe carried out at the owner's expense within a designated period of time or ona cooperative basis.

 

(d) At the request of the landowner, the district board shallhold a hearing in accordance with the Wyoming Administrative Procedure Act.

 

(e) A landowner who is responsible for an infestation and failsor refuses to perform the remedial requirements for the control of the weed orpest on the infested area within the time designated may be fined not more thanfifty dollars ($50.00) per day for each day of violation and not more than atotal of two thousand five hundred dollars ($2,500.00) per year as determinedby the court. Any person accused under this act is entitled to a trial by jury.The accumulated fines under this section are a lien against the property of thelandowner from the day notice is delivered to the landowner by the districtboard. All fines shall be deposited with the county treasurer and credited tothe county school fund.

 

11-5-110. Appraisal of damage to landowner; hearing.

 

When the district board determines byresolution that the landowner's property has been damaged as a result ofcarrying out its requirements, the district board shall by resolution appointthree (3) disinterested freeholders within the district to appraise the amountof damage, upon which the district shall forthwith compensate the landowner.The landowner may file a claim for damages and is entitled to a hearingrelative to the amount of damages pursuant to the Wyoming AdministrativeProcedure Act.

 

11-5-111. Tax levied on property in district; maximum amount; weed andpest control fund.

 

The county commissioners shall annually levya tax to carry out this act. The tax shall be levied upon all property in thedistrict and shall not exceed one (1) mill on each one dollar ($1.00) ofassessed valuation. The tax is not part of the general county or city milllevies. All taxes levied and collected shall be remitted to the district for aseparate fund to be known as the weed and pest control fund, which shall beused only to carry out this act.

 

11-5-112. Repealed by Laws 1979, ch. 135, 3.

 

11-5-113. Allocation of funds; formula; special funding.

 

 

(a) An allocation committee composed of the director of thedepartment of agriculture, three (3) members appointed by the Wyoming weed andpest council and one (1) member of the board shall allocate the funds of anylegislative appropriation to the district boards pursuant to a formula adoptedby the committee. No district board shall receive an amount in excess ofone-third (1/3) of its actual expenditures from any appropriation, unless theappropriation provides assistance in control to a district board undersubsection (b) of this section.

 

(b) If the district board determines a weed or pest isseriously endangering areas of a district or the state, assistance in controlmay be provided by legislative appropriation for this purpose, and theallocation committee shall allocate the appropriation accordingly, and theallocation committee and each affected district board shall be responsible forinsuring that the funds are properly expended.

 

11-5-114. Allocated funds; procedure to disburse.

 

A request for allocated funds pursuant toW.S. 11-5-113 shall be initiated by the district board by submitting a voucherand documentation. Upon the approval of the voucher by the allocationcommittee, payment shall be made by the state auditor out of funds provided forcontrol of weeds and pests.

 

11-5-115. Program in cities and towns authorized; funding; use ofmonies.

 

 

(a) The governing body of any city or town with a population offive thousand (5,000) or more may establish and administer a program for thecontrol of weeds and pests within the jurisdictional limits of the city ortown. If such a program is not established, the district board shall administera program for the city or town.

 

(b) A district having a city or town with a population of fivethousand (5,000) or more which establishes a program shall, within thirty (30)days after receipt of any funds collected pursuant to W.S. 11-5-111, transfereighty-five percent (85%) of the funds attributed to the property within thecorporate limits of the city or town to the governing body of the city or town,retaining fifteen percent (15%) of the funds for administration of the districtand for technical assistance rendered to the city or town by the districtboard.

 

(c) Monies received by the cities from the district may be usedin any phase of weed and pest control as determined by the governing body ofthe city or town. The control program shall include work on designated weedsand pests as determined by the district board.

 

(d) The governing body of a city or town which establishes acontrol program may petition the district board for special assistance andfunding authorized by W.S. 11-5-113 and 11-5-114.

 

11-5-116. Quarantine by director; request by district.

 

 

(a) Whenever the director, the district board or their agentsfind any section of the state to be infested with insects, pests, poisonous orinjurious plants or plant diseases, and it is established that farm productsfrom that section are liable to spread the insects, pests, poisonous orinjurious plants or plant diseases into other sections to the injury of others,the director shall without unnecessary delay, declare a quarantine against suchsection to prevent the transfer of farm products from the quarantined area.When it is ascertained that insects, pests, weed seed, poisonous or injuriousplants or plant diseases are likely to be introduced into Wyoming by theimportation of farm products, domestic animals or other objects, the directorshall declare a quarantine against the importation of such farm products.

 

(b) A district may initiate a district-wide quarantine by one(1) of the following procedures:

 

(i) A district may request in writing that the director declarea district-wide quarantine. Upon receipt of the request, the director shallinstruct the district to circulate a petition for ninety (90) days within thedistrict to obtain signatures of at least two-thirds (2/3) of all residentlandowners owning at least fifty-one percent (51%) of all resident-owned land.Upon receipt of the properly executed petition, the director shall declare adistrict-wide quarantine;

 

(ii) A district board may hold a hearing in compliance with theWyoming Administrative Procedure Act. The director shall declare adistrict-wide quarantine when the district has provided the director withproper documentation that a hearing has been held and the district has found aneed for a district-wide quarantine;

 

(iii) The district board may hold a district-wide referendum. Thedirector shall declare a district-wide quarantine upon receipt of a certifieddocument indicating that the referendum was accepted by a majority of theelectors who voted in the election.

 

(c) The director shall declare an individual quarantine whenrequested by resolution adopted by a two-thirds (2/3) majority of the board.

 

(d) The district board in compliance with W.S. 11-5-101 through11-5-119 may request a quarantine against the entry of infested farm productsthat may be injurious and detrimental to the state and enter into agreementswith the law enforcing agencies to carry out the quarantine provision:

 

(i) Farm products and equipment shall be certified free ofdesignated noxious weed seeds or infested farm products prior to entry into thestate, with the exception of any processed feed or grain to be reprocessed andfed to livestock;

 

(ii) Farm products and equipment are to be certified in thestate of origin by the proper officials;

 

(iii) Interstate shipment of farm products through the state neednot be certified if covered in a prescribed manner as not to allow thedissemination of infested farm products.

 

11-5-117. Criminal provision; penalty.

 

Any person violating any provision of thisact is guilty of a misdemeanor, and shall be fined not more than one hundreddollars ($100.00) in addition to fines provided for in W.S. 11-5-109(e).

 

11-5-118. Inspection for contamination.

 

Farm products and agricultural, commercialor industrial equipment entering or moving within the district are subject toinspection for contamination of designated weeds and pests by the districtboard through its designated agents. The board and the Wyoming weed and pestcouncil may promulgate rules and regulations which establish inspectionstandards and remedial requirements under this section.

 

11-5-119. Rules and regulations.

 

The board, with the approval of a majorityof the districts, may promulgate, adopt and publish rules and regulations inaccordance with the Wyoming Administrative Procedure Act for the purpose ofcarrying out the intent of this act.

 

ARTICLE 2 - LEAFY SPURGE CONTROL

 

11-5-201. Repealed by Laws 1983, ch. 87, 1.

 

11-5-202. Repealed by Laws 1983, ch. 87, 2.

 

ARTICLE 3 - SPECIAL MANAGEMENT PROGRAM

 

11-5-301. Authorization of program.

 

A weed and pest special management programmay be carried out as provided by this article and legislative appropriationacts. All state and local governmental entities shall comply with the program.

 

11-5-302. Definitions.

 

 

(a) As used in this article:

 

(i) "District" means any county weed and pest controldistrict;

 

(ii) "Integrated management system" means the planningand implementation of a coordinated program utilizing all proven methods forcontaining and controlling undesirable plants and pests, including but notlimited to education, preventive measures, physical methods, biological agents,pesticide methods, cultural methods and management;

 

(iii) "Management zone" means a geographical areawithin a district;

 

(iv) "Materials" means materials used in carrying outthe objectives of integrated management system;

 

(v) "Method" means a procedure or process forcarrying out the application method prescribed;

 

(vi) "Pest" means any declared pest or designated pestdefined by W.S. 11-5-102(a);

 

(vii) "Treatment program" means the use of anintegrated management system prescribed by the district board or the board'sdesignated representative;

 

(viii) "Undesirable plant" means any declared weed ordesignated noxious weed as defined by W.S. 11-5-102(a).

 

11-5-303. Program components; funding; rulemaking authority;penalties.

 

 

(a) Any district may carry out a weed and pest specialmanagement program in accordance with this article. If a district initiates aprogram, leafy spurge (Euphorbia esula) shall receive priority in the program. A district may also implement an integrated management system under W.S.11-5-101 through 11-5-119 using funds specified by W.S. 11-5-111, providedleafy spurge shall receive priority pursuant to this article.

 

(b) Pursuant to this article a district may implement anintegrated management system on two (2) undesirable plants or on two (2) pestsor a combination of one (1) undesirable plant and one (1) pest but under nocircumstance shall the program exceed a total of two (2).

 

(c) Any district which implements a special management programunder this article shall:

 

(i) Establish one (1) or more management zones within thedistrict. A management zone can only be formed with the written consent of amajority of the landowners in the proposed management zone;

 

(ii) Complete an inventory on lands within each management zoneto determine the scope of infestation;

 

(iii) Establish management criteria for the special managementprogram;

 

(iv) Select the materials and methods for the special managementprogram based upon best available scientific facts, current technology andeconomic considerations;

 

(v) At least ten (10) days before final approval of the programby the district supervisors, publish notice in at least one (1) newspaper ofgeneral circulation within the county describing the special managementprogram, listing the participating landowners and stating the approximate costof the program.

 

(d) Programs under this article shall be funded as follows:

 

(i) Landowners shall contribute to the cost of the treatmentprogram on their land as determined by the district board not to exceed twentypercent (20%) of the total cost;

 

(ii) The district shall contribute to the cost of the treatmentprogram within the limitation of district funds available under subsection (e)of this section;

 

(iii) State or federal agencies owning lands or administeringlands, which are untaxed for the purposes of this act, shall contribute thetotal cost of the treatment program on those lands;

 

(iv) Assistance to a district's coordinated program may beprovided by legislative appropriation pursuant to W.S. 11-5-113(b).

 

(e) A district may levy not to exceed an additional one (1)mill on the assessed value of the taxable property within the district to fundits contributions under this section. Upon request by the district board, theboard of county commissioners may levy the amount of tax requested not toexceed the mill levy authorized by W.S. 11-5-111 and this subsection.

 

(f) Any landowner who refuses to perform remedial requirementsas established by the district board after due notice as required by W.S.11-5-109 may be subject to a fine provided by W.S. 11-5-109.

 

(g) The state board of agriculture may:

 

(i) Adopt rules and regulations as provided by W.S. 11-5-119 toimplement an effective special management program in Wyoming; and

 

(ii) Establish procedures for prompt reporting and billing ofexpenditures made and for timely forecasting of future expenditures which willbe required.

 

ARTICLE 4 - EMERGENCY INSECT MANAGEMENT PROGRAM

 

11-5-401. Definitions.

 

(a) As used in this article:

 

(i) "Account" means the emergency insect managementspecial revenue account created under W.S. 11-5-402;

 

(ii) "Committee" means the director of the departmentof agriculture, the director of the department of health, the director of thegame and fish department, the Wyoming state veterinarian and the governor;

 

(iii) "Insect pests" mean infestations of grasshoppers,Mormon crickets or other cyclic or outbreak insect infestations or insectspecies new, recently introduced or which present a substantial possibility tobe introduced into Wyoming such as fire ants, Africanized honeybees or otherinsect pests;

 

(iv) "Insect vectors" mean blood-feeding arthropods,mosquitoes, biting flies and other such insects that harbor or transmitpathogens harmful to human health and safety, animal health including livestockand wildlife, agriculture or natural resources.

 

11-5-402. Emergency insect management account; established.

 

The emergency insect management program account is created to consist of funds appropriated or designated to theaccount by law for the emergency management of insect pests or insect vectors.

 

11-5-403. Administrative support for committee.

 

Administrative support to the committeeshall be provided by the department of agriculture. Expenses of the committeeincurred under this article including administrative support shall be paid fromthe account.

 

11-5-404. Program development; additional committee responsibilities;annual report.

 

(a) Emergency insect management programs developed andreceiving funds from the account under this article shall be based uponintegrated pest management principles using the most current, scientificallyvalid methods to manage insect pests and vectors.

 

(b) Subject to subsection (a) of this section, the committeeshall establish policies, standards and guidelines for programs receiving fundsfrom the account under this article. In accordance with established programguidelines and policies, the committee shall review applications forparticipation submitted under this article, and based upon its review andevaluation, approve or disapprove program applications and if approved,establish the amount of program funding from the account.

 

(c) In addition to subsection (b) of this section, thecommittee shall, in cooperation with the governor, collect and compile datanecessary to determine if emergency insect management programs under this articleinvolve any threatened or endangered species under the federal EndangeredSpecies Act of 1973, 16 U.S.C. 1531 et seq., as amended. If programs involvesuch species, the committee, in cooperation with the governor, shall request anexemption from federal regulation under this act for insect managementpurposes.

 

(d) The committee shall establish necessary procedures toprocess applications filed pursuant to this article.

 

(e) In addition to subsection (d) of this section, thecommittee shall annually report its activities for each fiscal period asrequired under W.S. 9-2-1014.

 

11-5-405. Advisory assistance; assistance specified; expenses.

 

(a) To assist with the establishment of policies, guidelinesand the development of programs under this article, the committee may assemblenecessary expertise from one (1) or more of the following organizations,institutions, groups or individuals:

 

(i) The Wyoming county commissioners association;

 

(ii) The Wyoming association of municipalities;

 

(iii) Pesticide applicators;

 

(iv) Landowners;

 

(v) Agricultural producers;

 

(vi) University of Wyoming faculty and staff;

 

(vii) Scientific and technology industry representatives;

 

(viii) Public representatives; and

 

(ix) Other representatives or individuals as may be determinedby the committee.

 

(b) Persons assisting the committee in an advisory capacitypursuant to subsection (a) of this section and not employed by the state norany political subdivision of the state shall receive reimbursement for actual andnecessary expenses and mileage allowance at the rates established by law forstate employees.

 

11-5-406. Program participation requirements; application; fundingparticipation levels specified; restriction on expenditures.

 

(a) Any state agency or political subdivision may apply to thecommittee for participation in emergency insect management programs under thisarticle. Applications shall be filed with the department of agriculture andshall at minimum, substantiate compliance with standards and guidelinesestablished by the committee.

 

(b) Emergency management program participation under thisarticle shall be subject to the following requirements:

 

(i) Insect vector management programs or nonoutbreak insectprograms shall receive not more than fifty percent (50%) of total program costsfrom the account;

 

(ii) Subject to paragraph (iii) of this subsection, a reactiveprogram for the suppression of outbreaks of grasshoppers, Mormon crickets orother outbreak insects on state and private lands shall receive not more thanfifty percent (50%) of total program costs from the account;

 

(iii) If the emergency insect management program under paragraph(ii) of this subsection is for grasshopper suppression, the program shallconsist of treatments targeting infestations greater than two thousand (2,000)acres or those suppressing less than the entire infestation regardless of size;

 

(iv) Subject to paragraph (v) of this subsection, a proactive,preventative program targeting incipient infestations of grasshoppers, Mormoncrickets or other outbreak insects on state and private lands, with thepotential to expand into outbreaks, shall receive not more than seventy-fivepercent (75%) of total program costs from the account;

 

(v) If the emergency insect management program under paragraph(iv) of this subsection is for grasshoppers, the program shall include up totwo thousand (2,000) acres if the entire infestation is included within theprogram;

 

(vi) During the first three (3) years of operation of any emergencyinsect management program, not more than twenty percent (20%) of funds providedto the program from the account shall be used for administrative costs,equipment and mapping activities, and not more than ten percent (10%) of suchfunds shall be used for these purposes in subsequent years;

 

(vii) In addition to paragraph (vi) of this subsection and duringthe first three (3) years of program operation, not more than twenty percent(20%) of funds provided from the account to any program shall be expended forapplied research specifically designed to provide immediate results directly insupport of improved integrated pest management practices, and not more than tenpercent (10%) of such funds may be used for this purpose in subsequent years.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title11 > Chapter5

CHAPTER 5 - WEED AND PEST CONTROL

 

ARTICLE 1 - IN GENERAL

 

11-5-101. Short title; purpose of provisions.

 

 

(a) This act may be cited as the "Wyoming Weed and PestControl Act of 1973".

 

(b) The purpose of this act is controlling designated weeds andpests.

 

11-5-102. Definitions.

 

 

(a) As used in this act:

 

(i) "Agricultural pesticide" means any material usedto control or eradicate weeds or pests;

 

(ii) "Authorized dealer" means a resident of Wyomingwho sells, retails, wholesales, distributes, offers or exposes for sale,exchanges, barters or gives away any agricultural pesticide within this state;

 

(iii) "Board" means the Wyoming board of agricultureestablished by authority of W.S. 11-2-101 through 11-2-104;

 

(iv) "Director" means the director of the departmentof agriculture for the state of Wyoming or his designated agent;

 

(v) "Control" means the process of containing andlimiting weed and pest infestations;

 

(vi) "County commissioners" means the board of countycommissioners of a county within which a district is located;

 

(vii) "Declared pest" means any animal or insect whichthe board and the Wyoming weed and pest council have found, either by virtue ofits direct effect, or as a carrier of disease or parasites, to be detrimentalto the general welfare of persons residing within a district;

 

(viii) "Declared weed" means any plant which the boardand the Wyoming weed and pest council have found, either by virtue of its directeffect, or as a carrier of disease or parasites, to be detrimental to thegeneral welfare of persons residing within a district;

 

(ix) "Department" means the state department ofagriculture;

 

(x) "Designated list" means the list of weeds andpests from time to time designated by joint resolution of the board and theWyoming weed and pest council;

 

(xi) "Designated noxious weeds" means the weeds, seedsor other plant parts that are considered detrimental, destructive, injurious orpoisonous, either by virtue of their direct effect or as carriers of diseasesor parasites that exist within this state, and are on the designated list;

 

(xii) "Designated pests" means animals or insects whichare on the designated list considered detrimental to the general welfare of thestate;

 

(xiii) Repealed by Laws 1993, ch. 191, 4.

 

(xiv) "District" means any county weed and pest controldistrict;

 

(xv) "District board" means the board of directors ofa district having jurisdiction within the boundaries of the district itrepresents;

 

(xvi) "District board member area" means a geographicalarea within a district from which a member of the board of the district isappointed;

 

(xvii) Repealed by Laws 1993, ch. 191, 4.

 

(xviii) "Farm products" means all crops, crop products,plants or portions thereof, but shall not mean livestock;

 

(xix) "Infested farm products" means farm productswhich contain injurious insects, pests, weed seed, poisonous or injuriousplants or any injurious portion thereof, or plant diseases;

 

(xx) "Landowner" means any owner or lessee of state,municipal or private land, and includes an owner of any easement, right-of-wayor estate in the land. Federal landowner means the federal agency havingjurisdiction over any lands affected by this act;

 

(xxi) "District supervisor" means the person appointedor employed by the district board for the purpose of carrying out this actwithin a district;

 

(xxii) "Wyoming weed and pest council" means the statecouncil composed of one (1) representative of each district as authorized inwriting by that board of directors. The director of the department ofagriculture or his designated representative shall serve ex officio;

 

(xxiii) "This act" means W.S. 11-5-101 through 11-5-119.

 

11-5-103. Composition of districts.

 

All land within the boundaries of Wyomingincluding all federal, state, private and municipally owned lands, is herebyincluded in weed and pest control districts within the county in which the landis located, with the boundaries of the district being the same as theboundaries of the county. Each district shall be known as the ".... CountyWeed and Pest Control District, State of Wyoming."

 

11-5-104. District board of directors; appointment; terms; vacancies;compensation and expenses.

 

 

(a) The county commissioners of each district shall hold apublic meeting for appointing a district board of directors for the district.Prior to the meeting the county commissioners shall establish the number ofmembers of the district board and shall establish district board member areas.The county commissioners may seek the advice and counsel of the members of theformer district board for the establishment of district board member areas.Each district board member area shall be contiguous. Notice of the meetingshall be advertised in the official newspaper of the county at least two (2)times before the date of the meeting, with the last publication being at leastten (10) days prior to the date of the meeting. The notice shall solicit nominationsfor directors by petition signed by at least ten (10) landowners to besubmitted at least five (5) days before the date of the meeting.

 

(b) From the nominations submitted the county commissionersshall appoint the district board which shall consist of five (5) or seven (7)directors. Directors shall serve for a term of four (4) years or until theirsuccessors are appointed and qualified.

 

(c) Any qualified elector in the district board member area heis appointed to represent is eligible to hold the office of director.

 

(d) All district board members shall be appointed by the countycommissioners at their first regular meeting in January of each year from amongnominations submitted by petition in the manner set forth in subsection (a) ofthis section. In districts encompassing cities or towns with a population offive thousand (5,000) or more, one (1) district board member shall be appointedfrom within the limits of a city or town. A district board member shall assumeoffice at the first regular meeting of the district board followingappointment.

 

(e) The county commissioners shall remove a director forrepeated unexcused failure to attend meetings or for refusal or incapacity toact as a district board member.

 

(f) When a vacancy occurs on a district board the countycommissioners shall, at the next regular meeting, appoint an individual whopossesses the necessary qualifications as a district board member to fill theunexpired term.

 

(g) At the first regular meeting in February the district boardshall elect from its members a chairman and a vice-chairman, and appoint asecretary and a treasurer. The positions of secretary and treasurer need not bemembers of the district board. The treasurer shall furnish a surety bond to thedistrict before entering upon the duties of office in an amount to be set bythe district board but not less than three thousand dollars ($3,000.00).

 

(h) The members of the district board shall serve without pay,but are entitled to reimbursement for actual and necessary expenses and amileage allowance at the rate as established for state employees.

 

11-5-105. Duties; powers; supervisor compensation.

 

(a) The district board shall:

 

(i) Implement and pursue an effective program for the controlof designated weeds and pests;

 

(ii) Fix the time and place of regular meetings, which shalloccur at least once each month and shall be open to the public;

 

(iii) Keep minutes of all meetings and a complete record of allofficial acts, including all warrants issued against monies belonging to thedistrict, which are open for public inspection during regular office hours;

 

(iv) Employ certified district supervisors and if certifiedpersonnel are not available, employ an acting district supervisor who shallbecome certified within twenty-four (24) months from the initial date ofemployment;

 

(v) Make at least one (1) annual inspection to determine theprogress of weed and pest activities within a district;

 

(vi) Obtain competitive bids for any purchase costing more thanten thousand dollars ($10,000.00);

 

(vii) Control and disburse all monies received from any source;

 

(viii) Render technical assistance to any city or town with apopulation of five thousand (5,000) or more which establishes a program asprovided in W.S. 11-5-115.

 

(b) The district board of each district may:

 

(i) Sue and be sued;

 

(ii) Employ personnel and determine duties and conditions ofemployment;

 

(iii) Coordinate activities with the department and enter intocooperative agreements with other agencies;

 

(iv) Secure and maintain bond or liability insurance, whendeemed feasible by the district board;

 

(v) Submit to the department reports required by the board;

 

(vi) Participate in programs for the control of declared weedsand declared pests not included on the designated list. Such programs do notqualify for cost-sharing from the department.

 

(c) The district supervisor shall receive a salary and expensesas approved by the district board.

 

11-5-106. Board of certification; duties.

 

A board of certification is establishedconsisting of the director or his designee, a University of Wyoming weed orpest specialist appointed by the dean of the college of agriculture, two (2)certified district supervisors and a district board member appointed by theWyoming weed and pest council. The board of certification shall promulgaterules and requirements for certification of district supervisors and shallcertify all personnel meeting the established requirements. All inspectors certifiedas of February 10, 1973 are deemed certified district supervisors without anyfurther actions of the board of certification.

 

11-5-107. Purchase and sale of pesticides and equipment.

 

 

(a) The district board may purchase from authorized dealerssuch quantities of agricultural pesticides and equipment as are necessary, andhire labor to carry out the provisions of this act. Warrants in payment shallbe drawn on the weed and pest control fund.

 

(b) The district board may sell agricultural pesticides whichhave been registered with the department for weed and pest control.

 

(c) In the case of delinquent indebtedness under this sectionthe district board may seek a judgment from the district court for theindebtedness, reasonable attorneys' fees and costs. The judgment shall beenforced as provided by law.

 

11-5-108. Rates and application of pesticides; payment by landowner;bidding restriction.

 

(a) The district board may establish rates and engage in theapplication of agricultural pesticides for weed and pest control, subject tosubsection (b) of this section. The district board may cost share in theagricultural pesticides, and the landowner shall pay the full cost of theapplication. If services provided are not paid for by the landowner for whomrendered, such indebtedness may be collected as provided by W.S. 11-5-107(c).

 

(b) A district board shall not engage in competitive bidding ofbare ground application of pesticides for industrial weed control, unless thereare no commercially licensed entities operating in the state that are able andwilling to perform the service. Nothing in this subsection shall limit thedistrict board's authority to act pursuant to W.S. 11-5-105(a)(i) and 11-5-109.

 

11-5-109. Inspection of land; remedial requirements; cost tolandowner.

 

 

(a) Whenever the district board has probable cause to believethat there exists land infested by weeds or pests which are liable to spreadand contribute to the injury or detriment of others, it shall make or have madean investigation of the suspected premises through the use of lawful entryprocedures. The designated representative of the district board, after givingthe landowner written notice, may go upon premises within the district, throughthe use of lawful entry procedures, without interference or obstruction forpurposes of making a reasonable investigation of the infested area. Notice isdeemed to have been given if it is deposited in a United States post office bycertified mail with sufficient postage, addressed to the last known address ofthe landowner at least five (5) days before entry.

 

(b) If the suspected area is found to be infested, the districtboard, by resolution adopted by two-thirds (2/3) of its members, shall confirmsuch fact. The district board may set forth minimum remedial requirements forcontrol of the infested area.

 

(c) The district board shall deliver, by certified mail, to theaddress of the landowner appearing on the most recent tax roles of thedistrict:

 

(i) A copy of the resolution;

 

(ii) A statement of the cost of fulfilling the requirements; and

 

(iii) A request that the requirements contained in the resolutionbe carried out at the owner's expense within a designated period of time or ona cooperative basis.

 

(d) At the request of the landowner, the district board shallhold a hearing in accordance with the Wyoming Administrative Procedure Act.

 

(e) A landowner who is responsible for an infestation and failsor refuses to perform the remedial requirements for the control of the weed orpest on the infested area within the time designated may be fined not more thanfifty dollars ($50.00) per day for each day of violation and not more than atotal of two thousand five hundred dollars ($2,500.00) per year as determinedby the court. Any person accused under this act is entitled to a trial by jury.The accumulated fines under this section are a lien against the property of thelandowner from the day notice is delivered to the landowner by the districtboard. All fines shall be deposited with the county treasurer and credited tothe county school fund.

 

11-5-110. Appraisal of damage to landowner; hearing.

 

When the district board determines byresolution that the landowner's property has been damaged as a result ofcarrying out its requirements, the district board shall by resolution appointthree (3) disinterested freeholders within the district to appraise the amountof damage, upon which the district shall forthwith compensate the landowner.The landowner may file a claim for damages and is entitled to a hearingrelative to the amount of damages pursuant to the Wyoming AdministrativeProcedure Act.

 

11-5-111. Tax levied on property in district; maximum amount; weed andpest control fund.

 

The county commissioners shall annually levya tax to carry out this act. The tax shall be levied upon all property in thedistrict and shall not exceed one (1) mill on each one dollar ($1.00) ofassessed valuation. The tax is not part of the general county or city milllevies. All taxes levied and collected shall be remitted to the district for aseparate fund to be known as the weed and pest control fund, which shall beused only to carry out this act.

 

11-5-112. Repealed by Laws 1979, ch. 135, 3.

 

11-5-113. Allocation of funds; formula; special funding.

 

 

(a) An allocation committee composed of the director of thedepartment of agriculture, three (3) members appointed by the Wyoming weed andpest council and one (1) member of the board shall allocate the funds of anylegislative appropriation to the district boards pursuant to a formula adoptedby the committee. No district board shall receive an amount in excess ofone-third (1/3) of its actual expenditures from any appropriation, unless theappropriation provides assistance in control to a district board undersubsection (b) of this section.

 

(b) If the district board determines a weed or pest isseriously endangering areas of a district or the state, assistance in controlmay be provided by legislative appropriation for this purpose, and theallocation committee shall allocate the appropriation accordingly, and theallocation committee and each affected district board shall be responsible forinsuring that the funds are properly expended.

 

11-5-114. Allocated funds; procedure to disburse.

 

A request for allocated funds pursuant toW.S. 11-5-113 shall be initiated by the district board by submitting a voucherand documentation. Upon the approval of the voucher by the allocationcommittee, payment shall be made by the state auditor out of funds provided forcontrol of weeds and pests.

 

11-5-115. Program in cities and towns authorized; funding; use ofmonies.

 

 

(a) The governing body of any city or town with a population offive thousand (5,000) or more may establish and administer a program for thecontrol of weeds and pests within the jurisdictional limits of the city ortown. If such a program is not established, the district board shall administera program for the city or town.

 

(b) A district having a city or town with a population of fivethousand (5,000) or more which establishes a program shall, within thirty (30)days after receipt of any funds collected pursuant to W.S. 11-5-111, transfereighty-five percent (85%) of the funds attributed to the property within thecorporate limits of the city or town to the governing body of the city or town,retaining fifteen percent (15%) of the funds for administration of the districtand for technical assistance rendered to the city or town by the districtboard.

 

(c) Monies received by the cities from the district may be usedin any phase of weed and pest control as determined by the governing body ofthe city or town. The control program shall include work on designated weedsand pests as determined by the district board.

 

(d) The governing body of a city or town which establishes acontrol program may petition the district board for special assistance andfunding authorized by W.S. 11-5-113 and 11-5-114.

 

11-5-116. Quarantine by director; request by district.

 

 

(a) Whenever the director, the district board or their agentsfind any section of the state to be infested with insects, pests, poisonous orinjurious plants or plant diseases, and it is established that farm productsfrom that section are liable to spread the insects, pests, poisonous orinjurious plants or plant diseases into other sections to the injury of others,the director shall without unnecessary delay, declare a quarantine against suchsection to prevent the transfer of farm products from the quarantined area.When it is ascertained that insects, pests, weed seed, poisonous or injuriousplants or plant diseases are likely to be introduced into Wyoming by theimportation of farm products, domestic animals or other objects, the directorshall declare a quarantine against the importation of such farm products.

 

(b) A district may initiate a district-wide quarantine by one(1) of the following procedures:

 

(i) A district may request in writing that the director declarea district-wide quarantine. Upon receipt of the request, the director shallinstruct the district to circulate a petition for ninety (90) days within thedistrict to obtain signatures of at least two-thirds (2/3) of all residentlandowners owning at least fifty-one percent (51%) of all resident-owned land.Upon receipt of the properly executed petition, the director shall declare adistrict-wide quarantine;

 

(ii) A district board may hold a hearing in compliance with theWyoming Administrative Procedure Act. The director shall declare adistrict-wide quarantine when the district has provided the director withproper documentation that a hearing has been held and the district has found aneed for a district-wide quarantine;

 

(iii) The district board may hold a district-wide referendum. Thedirector shall declare a district-wide quarantine upon receipt of a certifieddocument indicating that the referendum was accepted by a majority of theelectors who voted in the election.

 

(c) The director shall declare an individual quarantine whenrequested by resolution adopted by a two-thirds (2/3) majority of the board.

 

(d) The district board in compliance with W.S. 11-5-101 through11-5-119 may request a quarantine against the entry of infested farm productsthat may be injurious and detrimental to the state and enter into agreementswith the law enforcing agencies to carry out the quarantine provision:

 

(i) Farm products and equipment shall be certified free ofdesignated noxious weed seeds or infested farm products prior to entry into thestate, with the exception of any processed feed or grain to be reprocessed andfed to livestock;

 

(ii) Farm products and equipment are to be certified in thestate of origin by the proper officials;

 

(iii) Interstate shipment of farm products through the state neednot be certified if covered in a prescribed manner as not to allow thedissemination of infested farm products.

 

11-5-117. Criminal provision; penalty.

 

Any person violating any provision of thisact is guilty of a misdemeanor, and shall be fined not more than one hundreddollars ($100.00) in addition to fines provided for in W.S. 11-5-109(e).

 

11-5-118. Inspection for contamination.

 

Farm products and agricultural, commercialor industrial equipment entering or moving within the district are subject toinspection for contamination of designated weeds and pests by the districtboard through its designated agents. The board and the Wyoming weed and pestcouncil may promulgate rules and regulations which establish inspectionstandards and remedial requirements under this section.

 

11-5-119. Rules and regulations.

 

The board, with the approval of a majorityof the districts, may promulgate, adopt and publish rules and regulations inaccordance with the Wyoming Administrative Procedure Act for the purpose ofcarrying out the intent of this act.

 

ARTICLE 2 - LEAFY SPURGE CONTROL

 

11-5-201. Repealed by Laws 1983, ch. 87, 1.

 

11-5-202. Repealed by Laws 1983, ch. 87, 2.

 

ARTICLE 3 - SPECIAL MANAGEMENT PROGRAM

 

11-5-301. Authorization of program.

 

A weed and pest special management programmay be carried out as provided by this article and legislative appropriationacts. All state and local governmental entities shall comply with the program.

 

11-5-302. Definitions.

 

 

(a) As used in this article:

 

(i) "District" means any county weed and pest controldistrict;

 

(ii) "Integrated management system" means the planningand implementation of a coordinated program utilizing all proven methods forcontaining and controlling undesirable plants and pests, including but notlimited to education, preventive measures, physical methods, biological agents,pesticide methods, cultural methods and management;

 

(iii) "Management zone" means a geographical areawithin a district;

 

(iv) "Materials" means materials used in carrying outthe objectives of integrated management system;

 

(v) "Method" means a procedure or process forcarrying out the application method prescribed;

 

(vi) "Pest" means any declared pest or designated pestdefined by W.S. 11-5-102(a);

 

(vii) "Treatment program" means the use of anintegrated management system prescribed by the district board or the board'sdesignated representative;

 

(viii) "Undesirable plant" means any declared weed ordesignated noxious weed as defined by W.S. 11-5-102(a).

 

11-5-303. Program components; funding; rulemaking authority;penalties.

 

 

(a) Any district may carry out a weed and pest specialmanagement program in accordance with this article. If a district initiates aprogram, leafy spurge (Euphorbia esula) shall receive priority in the program. A district may also implement an integrated management system under W.S.11-5-101 through 11-5-119 using funds specified by W.S. 11-5-111, providedleafy spurge shall receive priority pursuant to this article.

 

(b) Pursuant to this article a district may implement anintegrated management system on two (2) undesirable plants or on two (2) pestsor a combination of one (1) undesirable plant and one (1) pest but under nocircumstance shall the program exceed a total of two (2).

 

(c) Any district which implements a special management programunder this article shall:

 

(i) Establish one (1) or more management zones within thedistrict. A management zone can only be formed with the written consent of amajority of the landowners in the proposed management zone;

 

(ii) Complete an inventory on lands within each management zoneto determine the scope of infestation;

 

(iii) Establish management criteria for the special managementprogram;

 

(iv) Select the materials and methods for the special managementprogram based upon best available scientific facts, current technology andeconomic considerations;

 

(v) At least ten (10) days before final approval of the programby the district supervisors, publish notice in at least one (1) newspaper ofgeneral circulation within the county describing the special managementprogram, listing the participating landowners and stating the approximate costof the program.

 

(d) Programs under this article shall be funded as follows:

 

(i) Landowners shall contribute to the cost of the treatmentprogram on their land as determined by the district board not to exceed twentypercent (20%) of the total cost;

 

(ii) The district shall contribute to the cost of the treatmentprogram within the limitation of district funds available under subsection (e)of this section;

 

(iii) State or federal agencies owning lands or administeringlands, which are untaxed for the purposes of this act, shall contribute thetotal cost of the treatment program on those lands;

 

(iv) Assistance to a district's coordinated program may beprovided by legislative appropriation pursuant to W.S. 11-5-113(b).

 

(e) A district may levy not to exceed an additional one (1)mill on the assessed value of the taxable property within the district to fundits contributions under this section. Upon request by the district board, theboard of county commissioners may levy the amount of tax requested not toexceed the mill levy authorized by W.S. 11-5-111 and this subsection.

 

(f) Any landowner who refuses to perform remedial requirementsas established by the district board after due notice as required by W.S.11-5-109 may be subject to a fine provided by W.S. 11-5-109.

 

(g) The state board of agriculture may:

 

(i) Adopt rules and regulations as provided by W.S. 11-5-119 toimplement an effective special management program in Wyoming; and

 

(ii) Establish procedures for prompt reporting and billing ofexpenditures made and for timely forecasting of future expenditures which willbe required.

 

ARTICLE 4 - EMERGENCY INSECT MANAGEMENT PROGRAM

 

11-5-401. Definitions.

 

(a) As used in this article:

 

(i) "Account" means the emergency insect managementspecial revenue account created under W.S. 11-5-402;

 

(ii) "Committee" means the director of the departmentof agriculture, the director of the department of health, the director of thegame and fish department, the Wyoming state veterinarian and the governor;

 

(iii) "Insect pests" mean infestations of grasshoppers,Mormon crickets or other cyclic or outbreak insect infestations or insectspecies new, recently introduced or which present a substantial possibility tobe introduced into Wyoming such as fire ants, Africanized honeybees or otherinsect pests;

 

(iv) "Insect vectors" mean blood-feeding arthropods,mosquitoes, biting flies and other such insects that harbor or transmitpathogens harmful to human health and safety, animal health including livestockand wildlife, agriculture or natural resources.

 

11-5-402. Emergency insect management account; established.

 

The emergency insect management program account is created to consist of funds appropriated or designated to theaccount by law for the emergency management of insect pests or insect vectors.

 

11-5-403. Administrative support for committee.

 

Administrative support to the committeeshall be provided by the department of agriculture. Expenses of the committeeincurred under this article including administrative support shall be paid fromthe account.

 

11-5-404. Program development; additional committee responsibilities;annual report.

 

(a) Emergency insect management programs developed andreceiving funds from the account under this article shall be based uponintegrated pest management principles using the most current, scientificallyvalid methods to manage insect pests and vectors.

 

(b) Subject to subsection (a) of this section, the committeeshall establish policies, standards and guidelines for programs receiving fundsfrom the account under this article. In accordance with established programguidelines and policies, the committee shall review applications forparticipation submitted under this article, and based upon its review andevaluation, approve or disapprove program applications and if approved,establish the amount of program funding from the account.

 

(c) In addition to subsection (b) of this section, thecommittee shall, in cooperation with the governor, collect and compile datanecessary to determine if emergency insect management programs under this articleinvolve any threatened or endangered species under the federal EndangeredSpecies Act of 1973, 16 U.S.C. 1531 et seq., as amended. If programs involvesuch species, the committee, in cooperation with the governor, shall request anexemption from federal regulation under this act for insect managementpurposes.

 

(d) The committee shall establish necessary procedures toprocess applications filed pursuant to this article.

 

(e) In addition to subsection (d) of this section, thecommittee shall annually report its activities for each fiscal period asrequired under W.S. 9-2-1014.

 

11-5-405. Advisory assistance; assistance specified; expenses.

 

(a) To assist with the establishment of policies, guidelinesand the development of programs under this article, the committee may assemblenecessary expertise from one (1) or more of the following organizations,institutions, groups or individuals:

 

(i) The Wyoming county commissioners association;

 

(ii) The Wyoming association of municipalities;

 

(iii) Pesticide applicators;

 

(iv) Landowners;

 

(v) Agricultural producers;

 

(vi) University of Wyoming faculty and staff;

 

(vii) Scientific and technology industry representatives;

 

(viii) Public representatives; and

 

(ix) Other representatives or individuals as may be determinedby the committee.

 

(b) Persons assisting the committee in an advisory capacitypursuant to subsection (a) of this section and not employed by the state norany political subdivision of the state shall receive reimbursement for actual andnecessary expenses and mileage allowance at the rates established by law forstate employees.

 

11-5-406. Program participation requirements; application; fundingparticipation levels specified; restriction on expenditures.

 

(a) Any state agency or political subdivision may apply to thecommittee for participation in emergency insect management programs under thisarticle. Applications shall be filed with the department of agriculture andshall at minimum, substantiate compliance with standards and guidelinesestablished by the committee.

 

(b) Emergency management program participation under thisarticle shall be subject to the following requirements:

 

(i) Insect vector management programs or nonoutbreak insectprograms shall receive not more than fifty percent (50%) of total program costsfrom the account;

 

(ii) Subject to paragraph (iii) of this subsection, a reactiveprogram for the suppression of outbreaks of grasshoppers, Mormon crickets orother outbreak insects on state and private lands shall receive not more thanfifty percent (50%) of total program costs from the account;

 

(iii) If the emergency insect management program under paragraph(ii) of this subsection is for grasshopper suppression, the program shallconsist of treatments targeting infestations greater than two thousand (2,000)acres or those suppressing less than the entire infestation regardless of size;

 

(iv) Subject to paragraph (v) of this subsection, a proactive,preventative program targeting incipient infestations of grasshoppers, Mormoncrickets or other outbreak insects on state and private lands, with thepotential to expand into outbreaks, shall receive not more than seventy-fivepercent (75%) of total program costs from the account;

 

(v) If the emergency insect management program under paragraph(iv) of this subsection is for grasshoppers, the program shall include up totwo thousand (2,000) acres if the entire infestation is included within theprogram;

 

(vi) During the first three (3) years of operation of any emergencyinsect management program, not more than twenty percent (20%) of funds providedto the program from the account shall be used for administrative costs,equipment and mapping activities, and not more than ten percent (10%) of suchfunds shall be used for these purposes in subsequent years;

 

(vii) In addition to paragraph (vi) of this subsection and duringthe first three (3) years of program operation, not more than twenty percent(20%) of funds provided from the account to any program shall be expended forapplied research specifically designed to provide immediate results directly insupport of improved integrated pest management practices, and not more than tenpercent (10%) of such funds may be used for this purpose in subsequent years.

 

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