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38-22 WEED AND PEST CONTROL
CHAPTER 38-22

WEED AND PEST CONTROL

38-22-1      Superseded.
38-22-1.1      Administration of commission under department supervision--Independent functions retained by commission.
38-22-1.2      Definitions.
38-22-1.3      State Weed and Pest Control Commission abolished.
38-22-1.4      South Dakota Weed and Pest Control Commission established.
38-22-1.5      Composition of commission.
38-22-1.6      Nomination of appointive members of commission--Areas represented--Length of terms.
38-22-1.7      Functions of commission.
38-22-1.8      End of current terms--Commencement of new terms--Term limits.
38-22-2, 38-22-3. Obsolete.
38-22-4      Repealed.
38-22-5      Meetings of commission--Election and terms of officers.
38-22-6      Appointment of state weed and pest coordinator.
38-22-7      Formulation of weed and pest program.
38-22-8      Cooperation with other state agencies--Functions of experiment station and extension service.
38-22-9      Determination and publication of lists of state weeds and pests.
38-22-9.1, 38-22-10. Repealed.
38-22-11      Enforcement of commission rules, regulations, processes, subpoenas, and orders.
38-22-11.1      Promulgation of rules.
38-22-12      Administration of state weed and pest program.
38-22-13      Moving agricultural machinery without cleaning as misdemeanor.
38-22-14      Repealed.
38-22-15      Repealed.
38-22-16      Infested land declared public nuisance--Protective operations by secretary.
38-22-16.1      Weeds or pests in any amount considered infestation.
38-22-16.2      Property owner who allows spread of infestation of noxious weeds or mountain pine beetle responsible for remedy.
38-22-17      Notice to owner of infested land--Service--Contents.
38-22-17.1      Noncompliance with orders as misdemeanor.
38-22-17.2      Intervention on federal land by State Weed and Pest Control Commission.
38-22-18      Service of notice on nonresident owner of infested land.
38-22-19      Police powers of state personnel in enforcement of chapter.
38-22-20      Entry by state personnel not deemed trespass--Crop damage not assessed.
38-22-21      Certification to county auditor of cost of protective operations on infested land--Collection as taxes.
38-22-22      Responsibility for cost of operations on publicly owned land.
38-22-22.1      Responsibility for weed and pest control.
38-22-23      Repealed.
38-22-23.1      Meeting to appoint or provide for election of county weed and pest board--Notice.
38-22-23.2      Members of county weed and pest board--Number--Terms--Qualifications.
38-22-23.3      Time for selecting board.
38-22-23.4      Subsequent appointment or election of weed board.
38-22-23.5      Board member to be appointed or elected from first or second class municipality.
38-22-23.6      Removal of board members.


38-22-23.7      Initial officers of board--Election.
38-22-23.8      Compensation and expense allowances of board members.
38-22-23.9      Powers of board.
38-22-23.10      Duties of board.
38-22-23.11      Purchase, sale, and application of agricultural chemicals and poisons by board--Equipment--Labor.
38-22-23.12      Investigation of suspected land--Notice required for entry.
38-22-23.13      Resolution of board confirming infestation and stating remedial requirements--Service on owner--Termination of resolution.
38-22-23.14      Remedial action by board on owner's failure--Certification of expenses--Collection.
38-22-23.15      Responsibility for control costs on state lands.
38-22-23.16      Penalty for failure to reimburse board for requested operations.
38-22-23.17      Civil penalty for continued failure to perform minimum remedial requirements.
38-22-24      Expenditure of county funds.
38-22-25      Repealed.
38-22-26      Organization for weed and pest control prerequisite to appropriation.
38-22-27      Repealed.
38-22-28      Repealed.
38-22-29      Repealed.
38-22-30      Prosecution of violations--Collection and disposition of forfeitures and fines.
38-22-31      Prosecutions under drug laws not precluded.
38-22-32      Department assisting boards--Agreements with federal agencies--Employment and purchases authorized.
38-22-33      Transportation of plant products containing weed seed as misdemeanor.
38-22-34      Levy for weed and pest control programs in community--Administration by board.
38-22-35      Weed and pest control fund.
38-22-36      Funds for weed and pest control fund.
38-22-37      Repealed.
38-22-38      Expenditure of weed and pest control funds.


38-22-1
     38-22-1.   Superseded


38-22-1.1 Administration of commission under department supervision--Independent functions retained ...
     38-22-1.1.   Administration of commission under department supervision--Independent functions retained by commission. The South Dakota Weed and Pest Control Commission shall be administered under the direction and supervision of the department and the secretary of agriculture. The commission retains the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions (as defined in § 1-32-1) otherwise vested in it and may exercise those functions independently of the secretary.

Source: SL 1973, ch 2, § 193; SL 1983, ch 282, § 2.


38-22-1.2 Definitions.
     38-22-1.2.   Definitions. Terms used in this chapter mean:
             (1)      "Agricultural chemical," any material used to control or eradicate weeds or pests;
             (2)      "Board," any county weed and pest board;
             (3)      "Board member area," a geographical area within a county from which a member of the board is appointed;
             (4)      "Commission," the South Dakota Weed and Pest Control Commission;
             (5)      "Control," the prevention or limiting of the growth, spread, or development of weeds or pests;
             (6)      "Department," the State Department of Agriculture;
             (7)      "Pest," any rodent, bird, other than a game bird or a state or federally protected bird, insect, or nematode which the commission has found to be detrimental to the production of crop or livestock or to the welfare of persons residing within the state. Prairie dogs are included in the definition of a pest if all of the following conditions apply:
             (a)      Sylvatic plague has been reported in any prairie dog colony east of the Rocky Mountains;
             (b)      The South Dakota Department of Game, Fish and Parks has determined that the population of prairie dogs within the state, including tribal lands, exceeds the one hundred forty-five thousand acre level;
             (c)      Prairie dogs are colonizing on lands where the prairie dogs are unwanted by the owner of the impacted land;
             (d)      Lands adjacent to the impacted owner's land do not have a maintained one-mile buffer zone, or other mutually agreed border, in which prairie dog control is applied; and
             (i)      The owner of the impacted land has filed a written complaint of encroachment requesting mitigation or abatement with the South Dakota Department of Agriculture and served a copy upon the owner of adjoining lands from which the prairie dogs are encroaching; or
             (ii)      The owner of the impacted land has filed a written complaint of the encroachment with the county weed and pest board;
             (8)      "Pesticide," a substance or mixture of substances for preventing, destroying, repelling, or mitigating any pest or any substance or mixture of substances intended for use as a plant regulatory, defoliant, or desiccant or any substance or mixture of substances intended to be used as a spray adjuvant;
             (9)      "Secretary," the state secretary of the Department of Agriculture;
             (10)      "Supervisor," any person appointed or employed by a board for the purpose of carrying out the provisions of this chapter;
             (11)      "Weed," any plant which the commission has found to be detrimental to the production of crops or livestock or to the welfare of persons residing within the state.

Source: SL 1983, ch 282, § 1; SL 1989, ch 345, § 1; SL 2005, ch 212, § 1; SL 2007, ch 228, § 1.


38-22-1.3 State Weed and Pest Control Commission abolished.
     38-22-1.3.   State Weed and Pest Control Commission abolished. The State Weed and Pest Control Commission established in this chapter is abolished.

Source: SL 1987, ch 393 (Ex. Ord. 87-4), § 19.


38-22-1.4 South Dakota Weed and Pest Control Commission established.
     38-22-1.4.   South Dakota Weed and Pest Control Commission established. There is established the South Dakota Weed and Pest Control Commission.

Source: SL 1987, ch 393 (Ex. Ord. 87-4), § 20.


38-22-1.5 Composition of commission.
     38-22-1.5.   Composition of commission. The South Dakota Weed and Pest Control Commission consists of the following members: the secretary of agriculture or a designee and the dean of the college of agriculture and biological sciences of South Dakota State University or a designee who shall serve as nonvoting members, the secretary of transportation or a designee, the secretary of game, fish and parks or a designee, the commissioner of school and public lands or a designee, a member of the South Dakota Association of County Commissioners to be appointed by that association, and five members appointed by the Governor as provided in § 38-22-1.6.

Source: SL 1987, ch 393 (Ex. Ord. 87-4), § 21; SL 2002, ch 189, § 1; SL 2010, ch 199, § 1.


38-22-1.6 Nomination of appointive members of commission--Areas represented--Length of terms.
     38-22-1.6.   Nomination of appointive members of commission--Areas represented--Length of terms. The five members of the South Dakota Weed and Pest Control Commission appointed by the Governor shall be selected from a list of nominees presented by the State Association of County Weed and Pest Boards, who shall submit at least three names for each appointment. One member from District I shall reside within the counties of Beadle, Brookings, Brown, Clark, Codington, Day, Deuel, Edmunds, Faulk, Grant, Hamlin, Hand, Hyde, Kingsbury, Marshall, McPherson, Roberts, or Spink; one member from District II shall reside within the counties of Aurora, Bon Homme, Brule, Buffalo, Charles Mix, Clay, Davison, Douglas, Hanson, Hutchinson, Jerauld, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Turner, Union, or Yankton; one member from District III shall reside within the counties of Bennett, Campbell, Corson, Dewey, Gregory, Haakon, Hughes, Jackson, Jones, Lyman, Mellette, Potter, Stanley, Sully, Todd, Tripp, Walworth, or Ziebach; and one member from District IV shall reside within the counties of Butte, Custer, Fall River, Harding, Lawrence, Meade, Oglala Lakota, Pennington, or Perkins; and one additional South Dakota resident shall be appointed by the Governor to serve as an at-large member of the commission selected from a list of names representing one individual from each district. The term of each member appointed pursuant to this section shall be for no more than two consecutive four-year terms with the exception of the initial appointments which shall be made as follows: District I for a one-year term, District II for a two-year term, District III for a three-year term, and District IV for a four-year term. As the term of any gubernatorial member expires, a new member shall be appointed from the district for a period of four years. If a vacancy occurs in any of the terms, the Governor may appoint a successor in the manner described in this section to complete the term.

Source: SL 1987, ch 393 (Ex. Ord. 87-4), § 22; SL 2010, ch 199, § 2; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.


38-22-1.7 Functions of commission.
     38-22-1.7.   Functions of commission. The South Dakota Weed and Pest Control Commission shall perform all of the functions and have all of the responsibilities of the former State Weed and Pest Control Commission established in this chapter.

Source: SL 1987, ch 393 (Ex. Ord. 87-4), § 23.


38-22-1.8 End of current terms--Commencement of new terms--Term limits.
     38-22-1.8.   End of current terms--Commencement of new terms--Term limits. The terms of the appointed members of the South Dakota Weed and Pest Control Commission in office on July 1, 2010, continue until January 1, 2011, at which time their terms end. The Governor shall appoint five members pursuant to § 38-22-1.6. Terms for those members shall begin on January 1, 2011. The appointments may include former or currently serving commission members. No term previous to the reformulation of the commission pursuant to SL 2010, ch 199 may be considered in regard to term limitations.

Source: SL 2010, ch 199, § 3.


38-22-2
     38-22-2, 38-22-3.   Obsolete


38-22-4
     38-22-4.   Repealed by SL 1988, ch 312, § 2


38-22-5 Meetings of commission--Election and terms of officers.
     38-22-5.   Meetings of commission--Election and terms of officers. The South Dakota Weed and Pest Control Commission shall hold its meetings at such times as it may designate, but the annual meeting shall be held on such date as may be established by rules promulgated pursuant to chapter 1-26 at which meeting a president and vice-president shall be elected; however, the president may call special meetings. The president and vice-president shall be elected from among the members of the commission for a term of one year beginning with the meeting at which they are elected.

Source: SL 1945, ch 349, § 2; SL 1949, ch 437; SDC Supp 1960, § 62.0302; SL 1975, ch 252, § 3; SL 1983, ch 282, § 6; SL 1986, ch 326, § 52.


38-22-6 Appointment of state weed and pest coordinator.
     38-22-6.   Appointment of state weed and pest coordinator. The secretary of agriculture shall appoint a state weed and pest coordinator, who may not be a member of the South Dakota Weed and Pest Control Commission.

Source: SL 1945, ch 349, §§ 2, 3; SL 1949, ch 437; SDC Supp 1960, §§ 62.0302, 62.0303; SL 1975, ch 252, § 4; SL 1983, ch 282, § 7.


38-22-7 Formulation of weed and pest program.
     38-22-7.   Formulation of weed and pest program. The South Dakota Weed and Pest Control Commission shall formulate a weed and pest program for the prevention, suppression, control, and eradication of weeds and pests in South Dakota.

Source: SL 1945, ch 349, § 3; SL 1949, ch 437; SDC Supp 1960, § 62.0303; SL 1983, ch 282, § 8.


38-22-8 Cooperation with other state agencies--Functions of experiment station and extension servi...
     38-22-8.   Cooperation with other state agencies--Functions of experiment station and extension service. The South Dakota Weed and Pest Control Commission and the Department of Agriculture shall at all times work in close cooperation with all state agencies, and particularly, they shall cooperate with the South Dakota State University agricultural experiment station in matters of research and their research shall be carried on by the experiment station; they shall cooperate with the South Dakota State University Agricultural Extension Service in matters of education and publicity and the extension service shall handle all matters of education and publicity.

Source: SL 1945, ch 349, § 5; SDC Supp 1960, § 62.0305; SL 1983, ch 282, § 9.


38-22-9 Determination and publication of lists of state weeds and pests.
     38-22-9.   Determination and publication of lists of state weeds and pests. The South Dakota Weed and Pest Control Commission, pursuant to rules promulgated pursuant to the provisions of chapter 1-26, may determine which plants and animals shall be considered to be weeds and pests and shall from time to time prepare, and the Department of Agriculture shall publish, a list of state weeds and pests.

Source: SL 1945, ch 349, § 3; SL 1949, ch 437; SDC Supp 1960, § 62.0303; SL 1983, ch 282, § 10; SL 1986, ch 326, § 49.


38-22-9.1
     38-22-9.1, 38-22-10.   Repealed by SL 1983, ch 282, §§ 11, 12


38-22-11 Enforcement of commission rules, regulations, processes, subpoenas, and orders.
     38-22-11.   Enforcement of commission rules, regulations, processes, subpoenas, and orders. The rules, processes, subpoenas, and orders of the South Dakota Weed and Pest Control Commission may be enforced by any court of competent jurisdiction.

Source: SL 1949, ch 437; SDC Supp 1960, § 62.0303; SL 1983, ch 282, § 13; SL 1986, ch 326, § 50.


38-22-11.1 Promulgation of rules.
     38-22-11.1.   Promulgation of rules. The commission may promulgate rules pursuant to chapter 1-26:
             (1)      To provide procedures for enforcement of weed and pest control;
             (2)      To provide for records and reports;
             (3)      To prescribe county weed and pest board activities;
             (4)      To prescribe what constitutes a weed or pest;
             (5)      To prescribe when an infestation constitutes a menace; and
             (6)      To establish standards for application, economic feasibility, technical feasibility, reporting, and evaluation of weed and pest control projects.

Source: SL 1986, ch 326, § 51; SL 1989, ch 345, § 8.


38-22-12 Administration of state weed and pest program.
     38-22-12.   Administration of state weed and pest program. The state weed and pest coordinator shall administer the state weed and pest program formulated by the South Dakota Weed and Pest Control Commission.

Source: SL 1945, ch 349, § 5; SDC Supp 1960, § 62.0305; SL 1983, ch 282, § 14.


38-22-13 Moving agricultural machinery without cleaning as misdemeanor.
     38-22-13.   Moving agricultural machinery without cleaning as misdemeanor. It is a Class 2 misdemeanor for any person to move any harvesting or portable seed cleaning or agricultural processing equipment or vehicles on which the equipment is transported into this state or from any field within the state in which it has been used to another field without first cleaning such equipment and vehicles. For purposes of this section, equipment and vehicles are deemed to be clean if essentially free from dirt, seed, straw, and chaff.

Source: SL 1955, ch 436; SDC Supp 1960, §§ 62.0309 (2), 62.9901; SL 1973, ch 256, §§ 1, 2; SDCL, § 38-22-15; SL 1977, ch 190, § 331; SL 1983, ch 282, § 15.


38-22-14
     38-22-14.   Repealed by SL 1973, ch 256, § 3


38-22-15
     38-22-15.   Repealed by SL 1977, ch 190, § 332


38-22-16 Infested land declared public nuisance--Protective operations by secretary.
     38-22-16.   Infested land declared public nuisance--Protective operations by secretary. If any owner of weed or pest infested land fails to rid the land of such infestation and the secretary of agriculture finds that such infestation is a menace to neighboring lands or to the state or its people he may declare such infested land to constitute a public nuisance and may enter such infested areas and perform such protective operations as may be necessary.

Source: SL 1945, ch 349, § 8; SL 1949, ch 437; SDC Supp 1960, § 62.0308; SL 1970, ch 225, § 5; SL 1983, ch 282, § 16.


38-22-16.1 Weeds or pests in any amount considered infestation.
     38-22-16.1.   Weeds or pests in any amount considered infestation. The existence of weeds or pests in any amount or quantity upon land is sufficient to determine that such land is infested.

Source: SL 1970, ch 225, § 2; SL 1983, ch 282, § 17.


38-22-16.2 Property owner who allows spread of infestation of noxious weeds or mountain pine beetle r...
     38-22-16.2.   Property owner who allows spread of infestation of noxious weeds or mountain pine beetle responsible for remedy. If an infestation of noxious weeds or an infestation of mountain pine beetle spreads to adjacent private or public land, the person or entity owning the property from which the infestation spread is responsible for remedying the problems caused by the infestation, to the extent that the person or entity is responsible for allowing the infestation to spread to the adjacent private or public land.

Source: SL 2000, ch 202, § 1.


38-22-17 Notice to owner of infested land--Service--Contents.
     38-22-17.   Notice to owner of infested land--Service--Contents. No operations to rid lands of infestation may be undertaken pursuant to § 38-22-16 until notice of the declaration that such infested land constitutes a nuisance has been given to the owner. Notice shall be given by personal service upon the owner, if a resident of this state, a copy of the declaration filed in the office of the county auditor, in the manner that summons in civil actions are served, or by personal service upon the person in actual possession of the premises, together with a copy of the declaration provided for in § 38-22-16, that unless the owner complies with the orders of the secretary of agriculture within such time as the declaration states, which may be not less than three days nor more than fifteen days from the date of service, as specified in the notice, that protective operations shall be performed by the secretary and, if the owner does not pay the costs of such operations prior to the first day of November in the year in which the operations are performed, the cost shall become a lien against the lands of the owner.

Source: SL 1945, ch 349, § 8; SL 1949, ch 437; SDC Supp 1960, § 62.0308; SL 1983, ch 282, § 18.


38-22-17.1 Noncompliance with orders as misdemeanor.
     38-22-17.1.   Noncompliance with orders as misdemeanor. It is a Class 2 misdemeanor for any owner, occupant, or other person who maintains or exercises control or management over land to fail to comply with any order of the secretary of agriculture or the South Dakota Weed and Pest Control Commission to effectuate the purposes in this chapter.

Source: SL 1970, ch 225, § 3; SL 1977, ch 190, § 333; SL 1983, ch 282, § 19.


38-22-17.2 Intervention on federal land by State Weed and Pest Control Commission.
     38-22-17.2.   Intervention on federal land by State Weed and Pest Control Commission. If any agency of the United States fails or refuses to suppress weeds or pests on any land owned or controlled by such agency after receiving notice of such infestation by the county weed and pest board pursuant to this chapter, the South Dakota Weed and Pest Control Commission, at the request of the county board, shall intervene on its behalf. The attorney general shall provide such legal counsel as the South Dakota Weed and Pest Control Commission may require to resolve any such dispute.

Source: SL 1987, ch 290.


38-22-18 Service of notice on nonresident owner of infested land.
     38-22-18.   Service of notice on nonresident owner of infested land. If the owner of infested land is not a resident of South Dakota, service of notice may be made by posting such notice at the courthouse in the county in which the land is situated, and by mailing to the last known address of the owner. Service is deemed complete five days after the date of the posting and mailing of the notices, which shall be evidenced by the affidavit of a person qualified to serve civil process in this state to be filed with the county auditor. However personal service upon the owner outside of this state is sufficient.

Source: SL 1949, ch 437; SDC Supp 1960, § 62.0308; SL 1983, ch 282, § 20.


38-22-19 Police powers of state personnel in enforcement of chapter.
     38-22-19.   Police powers of state personnel in enforcement of chapter. In the performance of their duties, pursuant to this chapter, the South Dakota Weed and Pest Control Commission, the secretary of agriculture, his assistants, inspectors, agents, and employees are vested with police powers.

Source: SL 1949, ch 437; SDC Supp 1960, § 62.0308; SL 1983, ch 282, § 21.


38-22-20 Entry by state personnel not deemed trespass--Crop damage not assessed.
     38-22-20.   Entry by state personnel not deemed trespass--Crop damage not assessed. The entrance by an agent or employee of the secretary of agriculture, county or supervisor, upon property, in performing his duties, pursuant to this chapter, does not constitute trespass, nor may damage be assessed against the state, the secretary, his agents or employees, the county, or any supervisor doing weed or pest control work.

Source: SL 1949, ch 437; SDC Supp 1960, § 62.0308; SL 1983, ch 282, § 22.


38-22-21 Certification to county auditor of cost of protective operations on infested land--Collect...
     38-22-21.   Certification to county auditor of cost of protective operations on infested land--Collection as taxes. Upon completion of protective operations, the secretary of agriculture shall certify to the county auditor the expenses for the performance of the protective operations, and the county auditor shall issue a warrant to the party entitled to payment of the costs of such protective operations from funds appropriated for that purpose. The owner of such infested land is indebted to the county for such expense actually incurred, and if not paid on or before the first day of November following such operations, such county auditor shall extend the amount of such indebtedness on the tax list against the infested land and all land owned by such owner contiguous thereto, in a separate column headed "weed and pest control" and the amount shall be collected as other taxes are collected.

Source: SL 1890, ch 116, § 4; RPolC 1903, § 3179; SL 1913, ch 282, § 4; SL 1917, ch 319, § 4; RC 1919, § 10408; SDC 1939, § 62.0304; SL 1945, ch 349, § 8; SL 1949, ch 437; SDC Supp 1960, § 62.0308; SL 1974, ch 256; SL 1983, ch 282, § 23.


38-22-22 Responsibility for cost of operations on publicly owned land.
     38-22-22.   Responsibility for cost of operations on publicly owned land. The responsibility for and the cost of controlling and eradicating weeds and pests on all lands or highways owned or supervised by a state agency or subdivision shall be upon the state agency or subdivision supervising such lands or highways, and paid out of funds appropriated to its use.

Source: SL 1943, ch 312, § 6; SL 1945, ch 349, § 7; SDC Supp 1960, § 62.0307; SL 1983, ch 282, § 24.


38-22-22.1 Responsibility for weed and pest control.
     38-22-22.1.   Responsibility for weed and pest control. All provisions, requirements, and responsibility for weed and pest control included in this chapter apply to all state government agencies and subdivisions on lands, highways, and roads owned, managed, maintained, or supervised by the government entity.

Source: SL 1998, ch 248, § 1.


38-22-23
     38-22-23.   Repealed by SL 1983, ch 282, § 25


38-22-23.1 Meeting to appoint or provide for election of county weed and pest board--Notice.
     38-22-23.1.   Meeting to appoint or provide for election of county weed and pest board--Notice. The board of county commissioners of each county shall hold a public meeting to appoint or provide for the election of a county weed and pest board no later than February 1, 1984. Prior to the meeting the board of county commissioners shall establish the number of members of the board and shall establish board member areas. Each board member area shall be compact and contiguous. Notice of the meeting shall be advertised by publication in the official newspapers of the county, at least ten days before the meeting, and in any other manner as the board of county commissioners may provide.

Source: SL 1983, ch 282, § 26.


38-22-23.2 Members of county weed and pest board--Number--Terms--Qualifications.
     38-22-23.2.   Members of county weed and pest board--Number--Terms--Qualifications. The board of county commissioners shall appoint or provide for the election of a county weed and pest board which shall consist of five or seven members. However, one member shall be a county commissioner appointed by the board of county commissioners. Each member shall serve for a term of three years or until his successor is appointed and qualified. The board of county commissioners may stagger the initial appointments so that the terms of all of the board members do not expire at the same time. Any qualified elector, residing in the board member area he is appointed to represent, is eligible to be a member.

Source: SL 1983, ch 282, § 27.


38-22-23.3 Time for selecting board.
     38-22-23.3.   Time for selecting board. Each board of county commissioners shall appoint or elect a county weed and pest board no later than March 1, 1984.

Source: SL 1983, ch 282, § 28.


38-22-23.4 Subsequent appointment or election of weed board.
     38-22-23.4.   Subsequent appointment or election of weed board. After the initial county weed and pest board has been appointed or elected, the board of county commissioners shall appoint or provide for the election of members to fill expired terms or vacancies. Each board member shall assume office at the first regular meeting of the board following appointment or election.

Source: SL 1983, ch 282, § 29; SL 1984, ch 266, § 1.


38-22-23.5 Board member to be appointed or elected from first or second class municipality.
     38-22-23.5.   Board member to be appointed or elected from first or second class municipality. In any county containing a first or second class municipality with a population of five thousand or more, at least one county weed and pest board member shall be appointed or elected from within the limits of the municipality.

Source: SL 1983, ch 282, § 30; SL 1984, ch 266, § 2; SL 1992, ch 60, § 2.


38-22-23.6 Removal of board members.
     38-22-23.6.   Removal of board members. The board of county commissioners may remove a member for repeated failure to attend meetings or for refusal or incapacity to act as a county weed and pest board member.

Source: SL 1983, ch 282, § 31.


38-22-23.7 Initial officers of board--Election.
     38-22-23.7.   Initial officers of board--Election. At its first annual meeting, the county weed and pest board shall elect a chairman, a vice-chairman, a secretary, and a treasurer. The positions of secretary and treasurer may be consolidated at the discretion of the board and need not be members of the board.

Source: SL 1983, ch 282, § 32.


38-22-23.8 Compensation and expense allowances of board members.
     38-22-23.8.   Compensation and expense allowances of board members. The board of county commissioners shall establish rates of compensation and expense and mileage allowances for the county weed and pest board members.

Source: SL 1983, ch 282, § 33.


38-22-23.9 Powers of board.
     38-22-23.9.   Powers of board. The county weed and pest board may:
             (1)      Employ administrative personnel and determine duties and conditions of employment;
             (2)      Coordinate activities with state and federal agencies and enter into cooperative agreements, including agreements entered into pursuant to chapter 1-24;
             (3)      Control and disburse money received from any source, including state and federal agencies;
             (4)      Secure and maintain bonds or liability insurance.

Source: SL 1983, ch 282, § 34.


38-22-23.10 Duties of board.
     38-22-23.10.   Duties of board. The county weed and pest board shall:
             (1)      Implement and pursue an effective program for the control of weeds and pests;
             (2)      Hold regular meetings;
             (3)      Keep minutes of all meetings and a record of all official acts;
             (4)      Submit a yearly report to the Department of Agriculture covering the activities of the board and submit reports to the board of county commissioners as the board may require;
             (5)      Employ supervisors and, if necessary, deputies;
             (6)      Make at least one annual inspection to determine the progress of weed and pest control within a county and make written reports covering the inspections available for public use; and
             (7)      Obtain competitive bids for any purchase in accordance with the requirements established by law for other county purchases.

Source: SL 1983, ch 282, § 35; SL 1984, ch 266, § 3; SL 1991, ch 327.


38-22-23.11 Purchase, sale, and application of agricultural chemicals and poisons by board--Equipment-...
     38-22-23.11.   Purchase, sale, and application of agricultural chemicals and poisons by board--Equipment--Labor. The county weed and pest board may purchase such quantities of agricultural chemicals, poisons, and equipment and hire such labor necessary to carry out the provisions of this chapter. The board may sell and apply agricultural chemicals and poisons for weed and pest control if such services, chemicals, and poisons are not available through commercial sources.

Source: SL 1983, ch 282, § 36; SL 1984, ch 266, § 4; SL 1986, ch 333, § 2.


38-22-23.12 Investigation of suspected land--Notice required for entry.
     38-22-23.12.   Investigation of suspected land--Notice required for entry. If a county weed and pest board has probable cause to believe there is land upon which exist weeds or pests that may spread or contribute to the injury or detriment of others, it shall investigate the suspected premises. The designated representative of the board, after giving the landowner written notice, may go upon the premises without interference or obstruction for purposes of making a reasonable investigation of the infested area. Such notice is considered given if it is given to the landowner or operator personally at least one day before entry or if it is mailed, by certified mail, addressed to the last known address of the landowner at least five days before entry. A board may serve notice of intent to inspect on all landowners by publishing a legal notice of such intent at least thirty days before entry in the county's official newspaper.

Source: SL 1983, ch 282, § 37; SL 1984, ch 266, § 5.


38-22-23.13 Resolution of board confirming infestation and stating remedial requirements--Service on o...
     38-22-23.13.   Resolution of board confirming infestation and stating remedial requirements--Service on owner--Termination of resolution. If the suspected area is found to contain weeds or pests, the county weed and pest board, by resolution adopted by a majority of its members, shall confirm such fact and set forth minimum remedial requirements for control of the area. The board shall mail, by certified mail, to the address of the landowner, a copy of the resolution, a statement of the approximate cost of fulfilling the requirements, and a request that the requirements contained in the resolution be carried out at the owner's expense within a designated period of time. When the board is satisfied that the requirements have been met, the board shall terminate the resolution and file a copy of the termination with the register of deeds.

Source: SL 1983, ch 282, § 38; SL 2005, ch 213, § 1.


38-22-23.14 Remedial action by board on owner's failure--Certification of expenses--Collection.
     38-22-23.14.   Remedial action by board on owner's failure--Certification of expenses--Collection. If the landowner fails or refuses to perform as required within the time designated, the county weed and pest board may proceed to perform the requirements. The board shall certify its expenses to the county auditor, and the auditor shall bill the landowner for the amount of the expenses, plus an administrative fee of fifty dollars or ten percent of the cost of control, whichever is greater. If the landowner has not paid the bill by November first of the calendar year in which the expenses were incurred, the amount of the bill shall be further increased by ten percent, and the adjusted amount shall be charged as taxes against each tract of land on which the expenses were incurred. The adjusted amount shall be collected as other taxes and credited to the general fund.

Source: SL 1983, ch 282, § 39; SL 1996, ch 247; SL 2001, ch 217, § 2.


38-22-23.15 Responsibility for control costs on state lands.
     38-22-23.15.   Responsibility for control costs on state lands. The costs of controlling weeds and pests on lands owned or supervised by the state shall be paid out of funds appropriated to the state agency that has responsibility for those lands.

Source: SL 1983, ch 282, § 40.


38-22-23.16 Penalty for failure to reimburse board for requested operations.
     38-22-23.16.   Penalty for failure to reimburse board for requested operations. If the county weed and pest board is requested by an individual to perform weed and pest control operations on the individual's property and the individual fails to reimburse the county by November first in the year in which the operations are performed, the cost of the control, plus an administrative fee of fifty dollars or ten percent of the cost of control, whichever is greater, shall be charged as taxes against each tract of land on which the expenses were incurred pursuant to § 38-22-23.14.

Source: SL 2001, ch 217, § 1.


38-22-23.17 Civil penalty for continued failure to perform minimum remedial requirements.
     38-22-23.17.   Civil penalty for continued failure to perform minimum remedial requirements. Any owner, occupant, or other person who maintains or exercises control or management over land who is issued a resolution by the county weed and pest board pursuant to § 38-22-23.13 for three consecutive years and fails to perform the minimum remedial requirements for control is subject to a civil penalty of up to five hundred dollars. Any owner, occupant, or other person who maintains or exercises control or management over land on which the county weed and pest board has performed remedial requirements pursuant to § 38-22-23.14 for three consecutive years is subject to a civil penalty of up to five hundred dollars.

Source: SL 2001, ch 217, § 3.


38-22-24 Expenditure of county funds.
     38-22-24.   Expenditure of county funds. The board of county commissioners may, based upon the budget submitted by the county weed and pest board, appropriate and expend money from the general fund of the county for the purpose of this chapter.

Source: SL 1890, ch 116, § 3; RPolC 1903, § 3178; SL 1913, ch 282, § 3; SL 1917, ch 319, § 3; RC 1919, § 10407; SDC 1939, § 62.0303; SL 1945, ch 349, § 6; SL 1947, ch 422; SL 1949, ch 437; SL 1951, ch 465; SL 1955, ch 437; SDC Supp 1960, § 62.0306; SL 1961, ch 10, § 6; SL 1972, ch 213; SL 1983, ch 282, § 41.


38-22-25
     38-22-25.   Repealed by SL 1985, ch 77, § 42


38-22-26 Organization for weed and pest control prerequisite to appropriation.
     38-22-26.   Organization for weed and pest control prerequisite to appropriation. No appropriations may be made pursuant to § 38-22-24 until the county has been organized for weed and pest control pursuant to this chapter.

Source: SL 1945, ch 349, § 6; SL 1947, ch 422; SL 1949, ch 437; SL 1951, ch 465; SL 1955, ch 437; SDC Supp 1960, § 62.0306; SL 1961, ch 10, § 6; SL 1983, ch 282, § 43; SL 1985, ch 77, § 25.


38-22-27
     38-22-27.   Repealed by SL 1983, ch 282, § 44


38-22-28
     38-22-28.   Repealed by SL 1972, ch 43, § 5


38-22-29
     38-22-29.   Repealed by SL 1983, ch 282, § 45


38-22-30 Prosecution of violations--Collection and disposition of forfeitures and fines.
     38-22-30.   Prosecution of violations--Collection and disposition of forfeitures and fines. The state's attorney shall, upon complaint, prosecute any person who violates any provision of this chapter and enforce the collection of forfeitures and fines. Such forfeitures or fines shall be deposited in the general fund of the county in which the prosecution is brought.

Source: SL 1890, ch 116, § 7; RPolC 1903, § 3182; SL 1913, ch 282, § 6; RC 1919, § 10410; SDC 1939, § 62.0102; SL 1983, ch 282, § 46.


38-22-31 Prosecutions under drug laws not precluded.
     38-22-31.   Prosecutions under drug laws not precluded. The penalties provided in this chapter are not intended, nor may they be used, to prevent prosecution for the violation of any of the provisions of chapter 34-20B or chapter 39-15.

Source: SL 1970, ch 225, § 4; SL 1983, ch 282, § 47.


38-22-32 Department assisting boards--Agreements with federal agencies--Employment and purchases au...
     38-22-32.   Department assisting boards--Agreements with federal agencies--Employment and purchases authorized. The Department of Agriculture may assist, advise, and coordinate the county weed and pest boards. The secretary of agriculture may enter into cooperative agreements with any state or federal agency to accomplish the purposes of this chapter, and he may employ such assistance and purchase such supplies and equipment as may be necessary.

Source: SL 1983, ch 282, § 48.


38-22-33 Transportation of plant products containing weed seed as misdemeanor.
     38-22-33.   Transportation of plant products containing weed seed as misdemeanor. It is a Class 2 misdemeanor for any person to transport hay, livestock feeds or other plant products containing weed seed in such a manner as may constitute a substantial risk of contaminating fields or other lands.

Source: SL 1983, ch 282, § 49.


38-22-34 Levy for weed and pest control programs in community--Administration by board.
     38-22-34.   Levy for weed and pest control programs in community--Administration by board. With the approval of two-thirds of the landowners, a community may petition the county to assess a special levy to be used for weed and pest control programs in that community. For the purposes of this section, a community is any township, a natural or artificial geographic area, or a subdivision of a board member area as designated by the county weed and pest board and represented by a community representative. Any such program for the control of weeds and pests which is funded by a special levy shall be administered through the county weed and pest board.

Source: SL 1986, ch 333, § 1.


38-22-35 Weed and pest control fund.
     38-22-35.   Weed and pest control fund. All funds collected pursuant to § 38-22-36 shall be deposited with the state treasurer in a special fund known as the "weed and pest control fund."

Source: SL 1989, ch 345, § 2; SL 1993, ch 305, § 1A; SL 1998, ch 247, § 8.


38-22-36 Funds for weed and pest control fund.
     38-22-36.   Funds for weed and pest control fund. The commission may accept gifts, grants, contracts, or other funds designated for weed and pest management. Such funds shall be deposited in the weed and pest control fund and may be expended pursuant to § 38-22-38.

Source: SL 1989, ch 345, § 4.


38-22-37
     38-22-37.   Repealed by SL 1991, ch 325, § 10


38-22-38 Expenditure of weed and pest control funds.
     38-22-38.   Expenditure of weed and pest control funds. The commission may expend weed and pest control funds through grants or contracts to weed and pest control boards, governmental agencies, or other entities it considers appropriate for weed and pest control projects for the following:
             (1)      Employment of a new and innovative weed and pest control project or the development, implementation, or demonstration of any weed and pest control project that may be proposed, implemented, or established by local, state, or national organizations, whether public or private. Such expenditures shall be on a cost-share basis with such organizations;
             (2)      Weed and pest control cost-share programs with county weed and pest boards;
             (3)      Special grants to county weed and pest control boards to eradicate or contain significant weeds or pests newly introduced into the county. These grants may be issued without matching funds from the board;
             (4)      Assist county weed and pest boards in purchasing pesticides and application equipment and hiring labor necessary to protect against expansion of noxious weeds and declared pests;
             (5)      Support multi-county weed and pest control and eradication efforts;
             (6)      Promote landowner responsibility to control noxious weeds and pests in South Dakota;
             (7)      Support educational and research efforts to find new and better ways of controlling noxious weeds and pests.
     A project is eligible to receive funds only if the county in which the project occurs has funded its own weed and pest program. The commission may also expend funds to pay for the costs of administering the weed and pest control fund not to exceed three percent of the allowable expenditure for each fiscal year and for administrative expenses incurred by the commission.

Source: SL 1989, ch 345, § 7; SL 1996, ch 246, § 2.


Title 38

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