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H0112.........................................................by STATE AFFAIRS
MOSQUITO ABATEMENT DISTRICTS - Amends existing law to provide for the election
of trustees of mosquito abatement districts.
01/23 House intro - 1st rdg - to printing
01/24 Rpt prt - to St Aff
02/03 Rpt out - to Gen Ord
02/04 Ret'd to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 112
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO MOSQUITO ABATEMENT DISTRICTS; AMENDING SECTION 39-2802, IDAHO
3 CODE, TO REVISE PROCEDURES FOR FORMATION OF MOSQUITO ABATEMENT DISTRICTS;
4 AMENDING SECTION 39-2803, IDAHO CODE, TO PROVIDE FOR THE ELECTION OF
5 TRUSTEES OF MOSQUITO ABATEMENT DISTRICTS AND TO PROVIDE PROCEDURES; AMEND-
6 ING SECTION 39-2804, IDAHO CODE, TO DELETE REFERENCES TO BOARD OF COUNTY
7 COMMISSIONERS, TO DELETE CERTAIN DUTIES AND TO MAKE TECHNICAL CORRECTIONS;
8 AMENDING SECTION 39-2805, IDAHO CODE, TO PROVIDE PROCEDURES FOR BUDGETING
9 AND TAXATION BY THE BOARD OF TRUSTEES OF A MOSQUITO ABATEMENT DISTRICT;
10 AMENDING SECTION 39-2806, IDAHO CODE, TO PROVIDE FOR SIGNING BY ALL MEM-
11 BERS OF THE BOARD OF THE MOSQUITO ABATEMENT DISTRICT; AMENDING SECTION
12 39-2807, IDAHO CODE, TO DELETE REFERENCE THAT THE BOARD OF COUNTY COMMIS-
13 SIONERS SHALL BE GIVEN WRITTEN NOTICE OF CONSOLIDATION; AMENDING SECTION
14 39-2810, IDAHO CODE, TO PROVIDE THAT THE BOARD OF A MOSQUITO ABATEMENT
15 DISTRICT SHALL FIX A TIME FOR HEARING ON A PETITION FOR WITHDRAWAL OF
16 PROPERTY FROM A DISTRICT; AMENDING SECTION 39-2811, IDAHO CODE, TO PROVIDE
17 DUTIES OF THE BOARD OF A MOSQUITO ABATEMENT DISTRICT INSTEAD OF THE BOARD
18 OF COUNTY COMMISSIONERS ON A HEARING OF A PETITION FOR WITHDRAWAL AND TO
19 PROVIDE THAT CERTAIN ACQUIRED PROPERTY SHALL REMAIN WITH THE DISTRICT; AND
20 DECLARING AN EMERGENCY.
21 Be It Enacted by the Legislature of the State of Idaho:
22 SECTION 1. That Section 39-2802, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 39-2802. PROCEDURES FOR FORMATION OF ABATEMENT DISTRICTS. Upon presenta-
25 tion to the board of county commissioners of a petition requesting the forma-
26 tion of an abatement district, which is signed by qualified resident property
27 owners of the territory of the proposed abatement district, equal to not less
28 than ten percent (10%) of the resident property owners that voted in the last
29 general election, the commissioners shall publish such petition when the fol-
30 lowing conditions are met: the petition must define the boundaries of the pro-
31 posed district and assessed tax valuation of the property therein. When the
32 above conditions have been met the county commissioners shall publish the
33 petition, and if after thirty (30) days no protests are received, an election
34 must be held at the next date specified in section 34-106, Idaho Code. The
35 petitioners shall bear the expense of holding the election. If there are writ-
36 ten protests, the county commissioners must hold a public hearing within
37 thirty (30) days after receipt of the written protests and after the hearing
38 hold an election. Notice of the time and place of such election shall be pub-
39 lished at least once not less than twelve (12) days prior to the election and
40 a second time not less than five (5) days prior to the election in at least
41 one (1) newspaper having general circulation in the proposed abatement dis-
42 trict. Only qualified electors who own land within the district, or the pro-
43 posed district, and who are residents of the county in which the district, or
2
1 a portion thereof, is located, or are spouses of such landowners residing in
2 such county, may vote on the formation of the district. A majority of the
3 votes cast will establish the district.
4 SECTION 2. That Section 39-2803, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 39-2803. SELECTION ELECTION OF OFFICIALS OF ABATEMENT DISTRICTS. (1) A
7 five (5) member board of trustees shall be initially appointed by the board
8 of county commissioners from within the area of the proposed abatement dis-
9 trict to govern the abatement district. An election of trustees shall be held
10 in each district on the Tuesday succeeding the first Monday of November of
11 each year. Such election shall be held in conformity with chapter 14, title
12 34, Idaho Code, and other applicable provisions of title 34, Idaho Code. For
13 the first election of trustees, the board of county commissioners shall deter-
14 mine by lot which two (2) trustees shall be initially elected for a term of
15 one (1) year and which trustees shall be initially elected for a term of two
16 (2), three (3) and four (4) years respectively. Thereafter, all trustees shall
17 be elected for a term of four (4) years. Before the notice of election is
18 given, the board of trustees shall divide the district into subdistricts as
19 nearly equal in population as possible to be designated as trustees' subdis-
20 tricts 1, 2, 3, 4 and 5. Each nominating petition shall state the subdistrict
21 for which the nominee is nominated.
22 (2) In any election for trustees if, after the expiration of the date for
23 filing written nominations for the office of trustee, it appears that only one
24 (1) qualified candidate has been nominated for one (1) of the position(s) to
25 be filled, and if no declaration of intent has been filed as provided in sub-
26 section (3) of this section, it shall not be necessary to hold an election.
27 The board of trustees shall, no later than seven (7) days before the scheduled
28 date of the election, declare such candidate elected as trustee, and the sec-
29 retary of the mosquito district board shall immediately make and deliver to
30 such person a certificate of election.
31 (3) No write-in vote for trustee shall be counted unless a declaration of
32 intent has been filed indicating that the person desires the office and is
33 legally qualified to assume the duties of trustee if elected. The declaration
34 of intent shall be filed with the secretary of the board of trustees of the
35 mosquito abatement district no later than seven (7) days before the day of
36 election. The trustees appointed shall at the first meeting of each year elect
37 a president, secretary and treasurer to serve during the ensuing year. The
38 officers of the board shall be bonded to the extent of five hundred dollars
39 ($500) to five thousand dollars ($5,000) each. as set by the county commis-
40 sioners. The members of the board shall be initially appointed by the county
41 commissioners of the county which they are to represent. When two (2) or more
42 counties or portions thereof comprise an abatement district, the initial
43 selection of trustees will be made by mutual agreement of the county commis-
44 sioners concerned. Each trustee shall be a resident property owner and a reg-
45 istered voter. Trustees shall be appointed for four (4) years on staggered
46 appointments. To initiate the board two (2) members are appointed for two (2)
47 years, one (1) for three (3) years and two (2) for four (4) years. Subsequent
48 appointments shall be for four (4) years residing in the subdistrict he or she
49 will represent. Trustees shall serve without compensation but will be reim-
50 bursed for necessary expenses involved with the performance of their official
51 duties. The county health officer and the county agent shall be ex officio
52 members of the board. Whenever two (2) or more counties or portions thereof
53 are included in the district, the health officer and county agent for each
3
1 county shall be ex officio members of the board. The directors or heads of the
2 following state departments or their designated representatives shall be con-
3 sidered ex officio members of the board and may be called upon for their
4 advice and assistance in the handling of abatement problems affecting their
5 direct interests: agriculture, fish and game, lands, transportation, water
6 resources and health and welfare.
7 SECTION 3. That Section 39-2804, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-2804. POWERS AND DUTIES OF ABATEMENT DISTRICTS. The abatement district
10 board of trustees is authorized:
11 a.(1) To appoint a director to direct the activities of the district, in
12 accordance with training and experience necessary to fulfill the duties of the
13 position.
14 b.(2) To appoint such other persons as necessary, determine their duties
15 and compensation, and make rules and regulations respecting them.
16 c.(3) To take all necessary and proper steps for the control of mosqui-
17 toes and other vermin of public health importance in the district and for
18 these purposes shall have the right to enter upon any and all lands.
19 d.(4) To sue and be sued.
20 e.(5) Contract to purchase, hold, dispose of, and acquire by gift real
21 and personal property in the name of the district. To exercise the right of
22 eminent domain and for these purposes to condemn any necessary land and/or
23 rights-of-way in accordance with general law.
24 f.(6) To abate as nuisance breeding places of mosquitoes and/or other
25 vermin of public health importance within the district or within migrating
26 distance of the district by use of chemicals and/or permanent control measures
27 and in this connection have the right to enter upon any and all lands.
28 g.(7) To work with the lateral ditch water users associations, irriga-
29 tion, drainage and flood control districts and other cooperating organiza-
30 tions. The board of trustees of the abatement district may supplement funds of
31 cooperating organizations for improvement, repair, maintenance and cleaning of
32 ditches which will temporarily or permanently eliminate mosquito breeding or
33 for other activities which will benefit the district.
34 h. To file annually with the board of county commissioners for their
35 approval an estimate of funds required for the next year, a plan of the work
36 to be done, and methods to be employed. No procedure, work or contract for any
37 year of operation shall be done or entered upon until plans and budget have
38 been jointly approved by the board of county commissioners.
39 i. To file, annually or by February 1 of the succeeding year, with the
40 board of county commissioners a report setting forth the moneys expended dur-
41 ing the previous year, methods employed, and work accomplishments.
42 SECTION 4. That Section 39-2805, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 39-2805. BUDGET AND HEARING -- METHOD OF PUBLIC INSPECTION -- METHOD OF
45 FINANCING ABATEMENT DISTRICTS. (1) The board of county commissioners must levy
46 upon taxable property within the district a tax at a rate not greater than
47 sufficient to raise the amount determined by the board of trustees as approved
48 by the board of county commissioners, as necessary for the operation of the
49 district for the ensuing year. In no event shall such tax exceed one tenth
50 percent (.1%) of the market value for assessment purposes on all taxable prop-
51 erty within the district. All taxes thus levied shall be collected in the same
4
1 manner as other taxes and deposited to the credit of the abatement district
2 and shall be used for no other purposes trustees of the mosquito abatement
3 district shall adopt a budget and shall cause a public hearing to be held
4 upon such budget, prior to certifying a tax levy to the board of county com-
5 missioners of each county within the district, or having a portion of its ter-
6 ritory within the district.
7 (2) Notice of the budget hearing meeting shall be posted at least ten
8 (10) full days prior to the date of said meeting in at least one (1) conspicu-
9 ous place in each mosquito abatement district to be determined by the board; a
10 copy of such notice shall also be published in a daily or weekly newspaper
11 published within such district, in one (1) issue thereof, during such ten (10)
12 day period. The place, hour and day of such hearing shall be specified in said
13 notice, as well as the place where such budget may be examined prior to such
14 hearing. A full and complete copy of such proposed budget shall be published
15 with and as a part of the publication of such notice of hearing.
16 (3) Such budget shall be available for public inspection from and after
17 the date of the posting of notices of hearing as in this section provided, at
18 such place and during such business hours as the board may direct.
19 (4) A quorum of the board of trustees shall attend such hearing and
20 explain the proposed budget and hear any and all objections thereto.
21 (5) Each year, immediately prior to the annual county levy of taxes, the
22 board of trustees of each mosquito abatement district, organized and existing
23 under this chapter, may levy a tax upon all the taxable property within the
24 boundaries of the district sufficient to defray the cost of equipping and
25 maintaining the district of not in excess of one-tenth percent (0.1%) of mar-
26 ket value for assessment purposes, to be used for the purposes of this chapter
27 and for no other purpose. The levy shall be made by resolution entered upon
28 the minutes of the board of trustees of the mosquito abatement district, and
29 it shall be the duty of the secretary of the district, immediately after entry
30 of the resolution in the minutes, to transmit to the county auditor, county
31 assessor and state board of equalization certified copies of the resolution
32 providing for such levy. Said taxes shall be collected as provided by section
33 63-812, Idaho Code. Such funds may be withdrawn from the county treasury and
34 upon warrant of the board of trustees of the abatement district, signed by the
35 president of the board and countersigned by its secretary, for the activities
36 of the abatement district.
37 SECTION 5. That Section 39-2806, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 39-2806. ANNEXATION TO ABATEMENT DISTRICTS. Contiguous territories may be
40 annexed to organized mosquito abatement districts upon petition of a majority
41 of the legal voters in the territory seeking annexation and of the owners of
42 more than half, by assessed value, of the taxable property in such territory,
43 or by written request for annexation of a designated area, submitted to the
44 trustees of the existing mosquito abatement district and signed by all members
45 of the board of county commissioners in which county the territory seeking
46 annexation is located the mosquito abatement district. Upon receiving this
47 petition or written request, the trustees of the existing mosquito abatement
48 district must submit the question of annexation to the legal voters of the
49 district at an election held subject to the provisions of section 34-106,
50 Idaho Code.
51 SECTION 6. That Section 39-2807, Idaho Code, be, and the same is hereby
52 amended to read as follows:
5
1 39-2807. CONSOLIDATION OF ABATEMENT DISTRICTS. Two (2) or more contiguous
2 districts may be consolidated. Any district board of trustees may seek consol-
3 idation by adoption of a resolution by a majority vote of its members. Consol-
4 idation is accomplished by a majority vote of the members of each of the
5 boards of trustees involved in the consolidation. The consolidated districts
6 may enter into arrangements for pooling funds and joint use of personnel,
7 equipment, and supplies. The activities conducted under joint arrangement
8 shall be considered as if conducted directly by the board having jurisdiction
9 over the area concerned. The board of county commissioners must be given writ-
10 ten notice of consolidation.
11 SECTION 7. That Section 39-2810, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 39-2810. WITHDRAWAL. Any portion of a mosquito abatement district which
14 will not be reasonably benefited by remaining within such district may be
15 withdrawn as in this section provided. Upon receiving a petition signed by
16 fifty (50) or more landowners within the portion desired to be withdrawn from
17 any mosquito abatement district, or by a majority of such landowners, if there
18 are less than one hundred (100) landowners within the portion sought to be
19 withdrawn, requesting the withdrawal of such portion from the district on the
20 ground that such portion will not be reasonably benefited by remaining in said
21 district, the board of county commissioners trustees of the mosquito abatement
22 district shall fix a time for hearing on such petition and for hearing
23 protests to the continuance of the remaining territory as a mosquito abatement
24 district. The hearing shall not be less than ten (10) days nor more than
25 thirty (30) days after the receipt thereof. The board shall, at least one (1)
26 week prior to the time so fixed, publish notice of such hearing by one (1)
27 publication in a newspaper of general circulation in the district, which the
28 board deems most likely to give notice to the inhabitants thereof, of the pro-
29 posed withdrawal.
30 SECTION 8. That Section 39-2811, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 39-2811. HEARING OF PETITION FOR WITHDRAWAL. Any person interested may
33 appear at the hearing and object to the withdrawal of the portion from the
34 district, or may object to the continuance of the remaining territory as a
35 mosquito abatement district. The board of county commissioners trustees of the
36 mosquito abatement district shall consider all objections and shall pass upon
37 the same, and if it finds that portion of the district sought to be withdrawn
38 will not be reasonably benefited by remaining within the district, and the
39 territory not sought to be withdrawn will be reasonably benefited by continu-
40 ing as a mosquito abatement district, it shall grant the petition and enter an
41 order thereon upon its records. In the event the board finds the district will
42 not be reasonably benefited by continuing as a mosquito abatement district, it
43 shall enter an order upon its records completely dissolving and terminating
44 the previously existing mosquito abatement district. Upon the withdrawal of
45 any territory from a mosquito abatement district, as in this section provided,
46 all property acquired for the district shall remain vested in the county dis-
47 trict and be used for the purposes of the district. Upon complete dissolution
48 of a mosquito abatement district as herein provided, all property acquired for
49 the district shall remain vested in the county and be used for any general
50 purpose of the county.
6
1 SECTION 9. An emergency existing therefor, which emergency is hereby
2 declared to exist, this act shall be in full force and effect on and after its
3 passage and approval.
STATEMENT OF PURPOSE
RS 12605
This legislation will provide for the election of members to the Board
of Trustees for mosquito abatement districts, rather than appointed by
county commissioners. It eliminates the reporting requirements by
mosquito districts to county commissioners, and provides for
notification and public hearings of mosquito abatement district
budgets. It makes the Mosquito Abatement Board of Trustees the sole
decision-makers for their districts. It also updates code by
eliminating the requirement for land ownership to vote in an election
to establish a mosquito abatement district.
FISCAL IMPACT
There will be no impact on the general fund.
Contact
Name: Kathy Skippen
Phone: 332-1250
STATEMENT OF PURPOSE/FISCAL NOTE H 112