2003 Legislation
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HOUSE BILL NO. 222 – Mosquito abatement dist, elections

HOUSE BILL NO. 222

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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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact



                       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