View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0222.........................................................by STATE AFFAIRS
MOSQUITO ABATEMENT DISTRICTS - Amends existing law to provide that trustees of
a mosquito abatement district may be either appointed by the board or boards
of county commissioners or may be elected; to provide four year terms; and to
provide greater autonomy to mosquito abatement districts over their affairs.
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to 2nd rdg
02/12 2nd rdg - to 3rd rdg
02/13 3rd rdg - PASSED - 64-4-2
AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Black, Block, Boe,
Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal,
Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Kellogg, Lake,
Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo,
Robison, Rydalch, Sali, Sayler, Schaefer(Schaefer), Shepherd, Shirley,
Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills,
Wood, Mr. Speaker
NAYS -- Barrett, Kulczyk, Roberts, Smith(24)
Absent and excused -- Bieter, Jones
Floor Sponsor - Skippen
Title apvd - to Senate
02/14 Senate intro - 1st rdg - to Loc Gov
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 222
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 EITHER THE APPOINT-
5 MENT OF TRUSTEES OR ELECTION OF TRUSTEES OF MOSQUITO ABATEMENT DISTRICTS
6 AND TO PROVIDE PROCEDURES; AMENDING SECTION 39-2804, IDAHO CODE, TO DELETE
7 REFERENCES TO BOARD OF COUNTY COMMISSIONERS, TO DELETE CERTAIN DUTIES AND
8 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-2805, IDAHO CODE, TO
9 PROVIDE PROCEDURES FOR BUDGETING AND TAXATION BY THE BOARD OF TRUSTEES OF
10 A MOSQUITO ABATEMENT DISTRICT; AMENDING SECTION 39-2806, IDAHO CODE, TO
11 DELETE THE REQUIREMENT THAT TERRITORY MUST BE CONTIGUOUS TO BE ANNEXED AND
12 TO PROVIDE FOR SIGNING BY ALL MEMBERS OF THE BOARD OF THE MOSQUITO ABATE-
13 MENT DISTRICT; AMENDING SECTION 39-2807, IDAHO CODE, TO DELETE THE
14 REQUIREMENT THAT MOSQUITO ABATEMENT DISTRICTS MUST BE CONTIGUOUS TO BE
15 ANNEXED AND TO DELETE REFERENCE THAT THE BOARD OF COUNTY COMMISSIONERS
16 SHALL BE GIVEN WRITTEN NOTICE OF CONSOLIDATION; AMENDING SECTION 39-2810,
17 IDAHO CODE, TO PROVIDE THAT THE BOARD OF A MOSQUITO ABATEMENT DISTRICT
18 SHALL FIX A TIME FOR HEARING ON A PETITION FOR WITHDRAWAL OF PROPERTY FROM
19 A DISTRICT; AMENDING SECTION 39-2811, IDAHO CODE, TO PROVIDE DUTIES OF THE
20 BOARD OF A MOSQUITO ABATEMENT DISTRICT INSTEAD OF THE BOARD OF COUNTY COM-
21 MISSIONERS ON A HEARING OF A PETITION FOR WITHDRAWAL AND TO PROVIDE THAT
22 CERTAIN ACQUIRED PROPERTY SHALL REMAIN WITH THE DISTRICT; AND DECLARING AN
23 EMERGENCY.
24 Be It Enacted by the Legislature of the State of Idaho:
25 SECTION 1. That Section 39-2802, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 39-2802. PROCEDURES FOR FORMATION OF ABATEMENT DISTRICTS. Upon presenta-
28 tion to the board of county commissioners of a petition requesting the forma-
29 tion of an abatement district, which is signed by qualified resident property
30 owners of the territory of the proposed abatement district, equal to not less
31 than ten percent (10%) of the resident property owners that voted in the last
32 general election, the commissioners shall publish such petition when the fol-
33 lowing conditions are met: the petition must define the boundaries of the pro-
34 posed district and assessed tax valuation of the property therein. When the
35 above conditions have been met the county commissioners shall publish the
36 petition, and if after thirty (30) days no protests are received, an election
37 must be held at the next date specified in section 34-106, Idaho Code. The
38 petitioners shall bear the expense of holding the election. If there are writ-
39 ten protests, the county commissioners must hold a public hearing within
40 thirty (30) days after receipt of the written protests and after the hearing
41 hold an election. Notice of the time and place of such election shall be pub-
42 lished at least once not less than twelve (12) days prior to the election and
43 a second time not less than five (5) days prior to the election in at least
2
1 one (1) newspaper having general circulation in the proposed abatement dis-
2 trict. Only qualified electors who own land within the district, or the pro-
3 posed district, and who are residents of the county in which the district, or
4 a portion thereof, is located, or are spouses of such landowners residing in
5 such county, may vote on the formation of the district. A majority of the
6 votes cast will establish the district.
7 SECTION 2. That Section 39-2803, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-2803. SELECTION OR ELECTION OF OFFICIALS OF ABATEMENT DISTRICTS. (1) A
10 five (5) member board of trustees shall be either appointed by the board of
11 county commissioners from within the area of the proposed abatement district
12 to govern the abatement district in subdistricts as provided in this section,
13 or elected if the board or boards of county commissioners adopt an ordinance
14 providing for such election. If a district is in more than one (1) county, all
15 boards of county commissioners must adopt the ordinance providing for election
16 before an election may be held. If an election is held, the interim appoint-
17 ments of the trustees by the commissioners shall provide for staggered terms
18 as provided herein with no term to be longer than four (4) years. An election
19 of trustees, if authorized, shall be held in each subdistrict or subdis-
20 tricts of the district on the Tuesday succeeding the first Monday of November
21 of each year. Such election shall be held in conformity with chapter 14, title
22 34, Idaho Code, and other applicable provisions of title 34, Idaho Code. For
23 the first election of trustees, the board of county commissioners shall deter-
24 mine by lot which two (2) trustees shall be initially elected for a term of
25 one (1) year and which trustee shall be initially elected for a term of two
26 (2), three (3) and four (4) years respectively. Thereafter, all trustees shall
27 be elected for a term of four (4) years. Before the notice of election is
28 given, the board of trustees shall divide the district into subdistricts as
29 nearly equal in population as possible to be designated as trustees' subdis-
30 tricts 1, 2, 3, 4 and 5. Each nominating petition shall state the subdistrict
31 for which the nominee is nominated. A qualified voter of the district shall
32 be eligible to vote for a trustee residing in the elector's subdistrict at the
33 election conducted pursuant to this section.
34 (2) In any election for trustees if, after the expiration of the date for
35 filing written nominations for the office of trustee, it appears that only one
36 (1) qualified candidate has been nominated for one (1) of the position(s) to
37 be filled, and if no declaration of intent has been filed as provided in sub-
38 section (3) of this section, it shall not be necessary to hold an election.
39 The board of trustees shall, no later than seven (7) days before the scheduled
40 date of the election, declare such candidate elected as trustee, and the sec-
41 retary of the mosquito district board shall immediately make and deliver to
42 such person a certificate of election.
43 (3) No write-in vote for trustee shall be counted unless a declaration of
44 intent has been filed indicating that the person desires the office and is
45 legally qualified to assume the duties of trustee if elected. The declaration
46 of intent shall be filed with the secretary of the board of trustees of the
47 mosquito abatement district no later than seven (7) days before the day of
48 election. The trustees appointed shall at the first meeting of each year elect
49 a president, secretary and treasurer to serve during the ensuing year. The
50 officers of the board shall be bonded to the extent of five hundred dollars
51 ($500) to five thousand dollars ($5,000) each. as set by the county commis-
52 sioners. The members of the board, if appointed, shall be initially appointed
53 by the county commissioners of the county which they are to represent. When
3
1 two (2) or more counties or portions thereof comprise an abatement district,
2 the initial selection of trustees will be made by mutual agreement of the
3 county commissioners concerned. Each trustee shall be a resident property
4 owner and a registered voter. Trustees shall be appointed for four (4) years
5 on staggered appointments. To initiate the board two (2) members are appointed
6 for two (2) years, one (1) for three (3) years and two (2) for four (4) years.
7 Subsequent If trustees are appointed, appointments shall be for four (4)
8 years. All trustees, whether elected or appointed, shall reside in the sub-
9 district he or she will represent. Trustees shall serve without compensation
10 but will be reimbursed for necessary expenses involved with the performance of
11 their official duties. The county health officer and the county agent shall be
12 ex officio members of the board. Whenever two (2) or more counties or portions
13 thereof are included in the district, the health officer and county agent for
14 each county shall be ex officio members of the board. The directors or heads
15 of the following state departments or their designated representatives shall
16 be considered ex officio members of the board and may be called upon for their
17 advice and assistance in the handling of abatement problems affecting their
18 direct interests: agriculture, fish and game, lands, transportation, water
19 resources and health and welfare.
20 SECTION 3. That Section 39-2804, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 39-2804. POWERS AND DUTIES OF ABATEMENT DISTRICTS. The abatement district
23 board of trustees is authorized:
24 a.(1) To appoint a director to direct the activities of the district, in
25 accordance with training and experience necessary to fulfill the duties of the
26 position.
27 b.(2) To appoint such other persons as necessary, determine their duties
28 and compensation, and make rules and regulations respecting them.
29 c.(3) To take all necessary and proper steps for the control of mosqui-
30 toes and other vermin of public health importance in the district and for
31 these purposes shall have the right to enter upon any and all lands.
32 d.(4) To sue and be sued.
33 e.(5) Contract to purchase, hold, dispose of, and acquire by gift real
34 and personal property in the name of the district. To exercise the right of
35 eminent domain and for these purposes to condemn any necessary land and/or
36 rights-of-way in accordance with general law.
37 f.(6) To abate as nuisance breeding places of mosquitoes and/or other
38 vermin of public health importance within the district or within migrating
39 distance of the district by use of chemicals and/or permanent control measures
40 and in this connection have the right to enter upon any and all lands.
41 g.(7) To work with the lateral ditch water users associations, irriga-
42 tion, drainage and flood control districts and other cooperating organiza-
43 tions. The board of trustees of the abatement district may supplement funds of
44 cooperating organizations for improvement, repair, maintenance and cleaning of
45 ditches which will temporarily or permanently eliminate mosquito breeding or
46 for other activities which will benefit the district.
47 h. To file annually with the board of county commissioners for their
48 approval an estimate of funds required for the next year, a plan of the work
49 to be done, and methods to be employed. No procedure, work or contract for any
50 year of operation shall be done or entered upon until plans and budget have
51 been jointly approved by the board of county commissioners.
52 i. To file, annually or by February 1 of the succeeding year, with the
53 board of county commissioners a report setting forth the moneys expended dur-
4
1 ing the previous year, methods employed, and work accomplishments.
2 SECTION 4. That Section 39-2805, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 39-2805. BUDGET AND HEARING -- METHOD OF PUBLIC INSPECTION -- METHOD OF
5 FINANCING ABATEMENT DISTRICTS. (1) The board of county commissioners must levy
6 upon taxable property within the district a tax at a rate not greater than
7 sufficient to raise the amount determined by the board of trustees as approved
8 by the board of county commissioners, as necessary for the operation of the
9 district for the ensuing year. In no event shall such tax exceed one tenth
10 percent (.1%) of the market value for assessment purposes on all taxable prop-
11 erty within the district. All taxes thus levied shall be collected in the same
12 manner as other taxes and deposited to the credit of the abatement district
13 and shall be used for no other purposes trustees of the mosquito abatement
14 district shall adopt a budget and shall cause a public hearing to be held
15 upon such budget, prior to certifying a tax levy to the board of county com-
16 missioners of each county within the district, or having a portion of its ter-
17 ritory within the district.
18 (2) Notice of the budget hearing meeting shall be posted at least ten
19 (10) full days prior to the date of said meeting in at least one (1) conspicu-
20 ous place in each mosquito abatement district to be determined by the board; a
21 copy of such notice shall also be published in a daily or weekly newspaper
22 published within such district, in one (1) issue thereof, during such ten (10)
23 day period. The place, hour and day of such hearing shall be specified in said
24 notice, as well as the place where such budget may be examined prior to such
25 hearing. A full and complete copy of such proposed budget shall be published
26 with and as a part of the publication of such notice of hearing.
27 (3) Such budget shall be available for public inspection from and after
28 the date of the posting of notices of hearing as in this section provided, at
29 such place and during such business hours as the board may direct.
30 (4) A quorum of the board of trustees shall attend such hearing and
31 explain the proposed budget and hear any and all objections thereto.
32 (5) Each year, immediately prior to the annual county levy of taxes, the
33 board of trustees of each mosquito abatement district, organized and existing
34 under this chapter, may levy a tax upon all the taxable property within the
35 boundaries of the district sufficient to defray the cost of equipping and
36 maintaining the district of not in excess of one-tenth percent (0.1%) of mar-
37 ket value for assessment purposes, to be used for the purposes of this chapter
38 and for no other purpose. The levy shall be made by resolution entered upon
39 the minutes of the board of trustees of the mosquito abatement district, and
40 it shall be the duty of the secretary of the district, immediately after entry
41 of the resolution in the minutes, to transmit to the county auditor, county
42 assessor and state board of equalization certified copies of the resolution
43 providing for such levy. Said taxes shall be collected as provided by section
44 63-812, Idaho Code. Such funds may be withdrawn from the county treasury and
45 upon warrant of the board of trustees of the abatement district, signed by the
46 president of the board and countersigned by its secretary, for the activities
47 of the abatement district.
48 SECTION 5. That Section 39-2806, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 39-2806. ANNEXATION TO ABATEMENT DISTRICTS. Contiguous tTerritories may
51 be annexed to organized mosquito abatement districts upon petition of a major-
5
1 ity of the legal voters in the territory seeking annexation and of the owners
2 of more than half, by assessed value, of the taxable property in such terri-
3 tory, or by written request for annexation of a designated area, submitted to
4 the trustees of the existing mosquito abatement district and signed by all
5 members of the board of county commissioners in which county the territory
6 seeking annexation is located trustees of the mosquito abatement district.
7 Upon receiving this petition or written request, the trustees of the existing
8 mosquito abatement district must submit the question of annexation to the
9 legal voters of the district at an election held subject to the provisions of
10 section 34-106, Idaho Code.
11 SECTION 6. That Section 39-2807, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 39-2807. CONSOLIDATION OF ABATEMENT DISTRICTS. Two (2) or more contiguous
14 districts may be consolidated. Any district board of trustees may seek consol-
15 idation by adoption of a resolution by a majority vote of its members. Consol-
16 idation is accomplished by a majority vote of the members of each of the
17 boards of trustees involved in the consolidation. The consolidated districts
18 may enter into arrangements for pooling funds and joint use of personnel,
19 equipment, and supplies. The activities conducted under joint arrangement
20 shall be considered as if conducted directly by the board having jurisdiction
21 over the area concerned. The board of county commissioners must be given writ-
22 ten notice of consolidation.
23 SECTION 7. That Section 39-2810, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 39-2810. WITHDRAWAL. Any portion of a mosquito abatement district which
26 will not be reasonably benefited by remaining within such district may be
27 withdrawn as in this section provided. Upon receiving a petition signed by
28 fifty (50) or more landowners qualified electors within the portion desired to
29 be withdrawn from any mosquito abatement district, or by a majority of such
30 landowners qualified electors, if there are less than one hundred (100) land-
31 owners qualified electors within the portion sought to be withdrawn, request-
32 ing the withdrawal of such portion from the district on the ground that such
33 portion will not be reasonably benefited by remaining in said district, the
34 board of county commissioners trustees of the mosquito abatement district
35 shall fix a time for hearing on such petition and for hearing protests to the
36 continuance of the remaining territory as a mosquito abatement district. The
37 hearing shall not be less than ten (10) days nor more than thirty (30) days
38 after the receipt thereof. The board shall, at least one (1) week prior to the
39 time so fixed, publish notice of such hearing by one (1) publication in a
40 newspaper of general circulation in the district, which the board deems most
41 likely to give notice to the inhabitants thereof, of the proposed withdrawal.
42 SECTION 8. That Section 39-2811, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 39-2811. HEARING OF PETITION FOR WITHDRAWAL. Any person interested may
45 appear at the hearing and object to the withdrawal of the portion from the
46 district, or may object to the continuance of the remaining territory as a
47 mosquito abatement district. The board of county commissioners trustees of
48 the mosquito abatement district shall consider all objections and shall pass
49 upon the same, and if it finds that portion of the district sought to be with-
6
1 drawn will not be reasonably benefited by remaining within the district, and
2 the territory not sought to be withdrawn will be reasonably benefited by con-
3 tinuing as a mosquito abatement district, it shall grant the petition and
4 enter an order thereon upon its records. In the event the board finds the dis-
5 trict will not be reasonably benefited by continuing as a mosquito abatement
6 district, it shall enter an order upon its records completely dissolving and
7 terminating the previously existing mosquito abatement district. Upon the
8 withdrawal of any territory from a mosquito abatement district, as in this
9 section provided, all property acquired for the district shall remain vested
10 in the county district and be used for the purposes of the district. Upon com-
11 plete dissolution of a mosquito abatement district as herein provided, all
12 property acquired for the district shall remain vested in the county and be
13 used for any general purpose of the county.
14 SECTION 9. An emergency existing therefor, which emergency is hereby
15 declared to exist, this act shall be in full force and effect on and after its
16 passage and approval.
STATEMENT OF PURPOSE
RS 12906
This legislation will allow county commissioners the option of
providing for the election of members of the board of trustees
for mosquito abatement districts, or to appoint them. It
eliminates the reporting requirements by mosquito districts to
county commissioners, and provides for notification and public
hearings of mosquito abatement district budgets. The mosquito
abatement board of trustees assume those responsibilities
previously executed by county commissioners for mosquito
abatement districts. Noncontiguous areas could be annexed into a
mosquito abatement district, as well as noncontiguous districts
could consolidate. 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: Representative Kathy Skippen
Phone: 332-1250
STATEMENT OF PURPOSE/FISCAL NOTE H 222