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H0370aa.............................................by REVENUE AND TAXATION ABATEMENT DISTRICTS - Amends existing law relating to abatement districts to provide that districts need not be contiguous but that each noncontiguous area must be a certain size; to delete language providing that petitioners shall bear the expense of holding the election; to reference the public health and welfare; to revise the short title; to set forth emergency and interim pest management provisions; to provide for the operation of abatement districts by counties; and to provide for severability. 03/22 House intro - 1st rdg - to printing 03/23 Rpt prt - to Rev/Tax 04/05 Rpt out - to Gen Ord 04/06 Rpt out amen - to engros Rpt engros - 1st rdg - to 2nd rdg as amen Rls susp - FAILED - 31-35-4 AYES -- Andrus, Bell, Bilbao, Black, Block, Boe, Bolz, Cannon, Chadderdon, Crow, Deal, Denney, Edmunson, Jaquet, Jones, Kemp, Martinez, Pence, Raybould, Ring(Roberge), Rusche, Sayler(Callen), Schaefer, Shirley, Skippen, Smith(30), Smith(24), Snodgrass, Stevenson, Wills, Wood NAYS -- Anderson, Barraclough, Barrett, Bastian, Bayer, Bedke, Bradford, Collins, Ellsworth(Ellsworth), Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Lake, LeFavour, Loertscher, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Ringo, Roberts, Rydalch, Sali, Shepherd(8), Smylie, Mr. Speaker Absent and excused -- Clark, Henderson, Shepherd(2), Trail Floor Sponsor - Bolz Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 370 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO ABATEMENT DISTRICTS; AMENDING SECTION 39-2801, IDAHO CODE, TO REF- 3 ERENCE THE PUBLIC HEALTH AND WELFARE, TO PROVIDE THAT DISTRICTS NEED NOT 4 BE CONTIGUOUS BUT THAT EACH NONCONTIGUOUS AREA MUST BE A CERTAIN SIZE AND 5 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-2802, IDAHO CODE, TO 6 PROVIDE THAT DISTRICTS NEED NOT BE CONTIGUOUS BUT THAT EACH NONCONTIGUOUS 7 AREA MUST BE A CERTAIN SIZE, TO PROVIDE FOR ELECTIONS TO BE HELD AT THE 8 NEXT REGULARLY SCHEDULED ELECTION DATE AND TO REMOVE LANGUAGE PROVIDING 9 THAT PETITIONERS SHALL BEAR THE EXPENSE OF HOLDING THE ELECTION; AMENDING 10 SECTION 39-2804, IDAHO CODE, TO REFERENCE THE PUBLIC HEALTH AND WELFARE, 11 TO PROVIDE FOR MOSQUITO OR OTHER VERMIN MANAGEMENT PLANS AND TO MAKE TECH- 12 NICAL CORRECTIONS; AMENDING SECTION 39-2806, IDAHO CODE, TO REMOVE LAN- 13 GUAGE REFERENCING CONTIGUOUS TERRITORIES, TO PROVIDE THAT NONCONTIGUOUS 14 TERRITORIES ANNEXED TO EXISTING ABATEMENT DISTRICTS SHALL BE A CERTAIN 15 SIZE AND TO REFERENCE REGULARLY SCHEDULED ELECTIONS; AMENDING SECTION 16 39-2807, IDAHO CODE, TO REMOVE LANGUAGE REFERENCING CONTIGUOUS DISTRICTS; 17 AMENDING SECTION 39-2809, IDAHO CODE, TO REVISE THE SHORT TITLE AND TO 18 MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 28, TITLE 39, IDAHO CODE, BY 19 THE ADDITION OF A NEW SECTION 39-2812, IDAHO CODE, TO SET FORTH EMERGENCY 20 AND INTERIM PEST MANAGEMENT PROVISIONS; AMENDING CHAPTER 28, TITLE 39, 21 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-2813, IDAHO CODE, TO PRO- 22 VIDE FOR THE OPERATION OF ABATEMENT DISTRICTS BY COUNTIES; AMENDING CHAP- 23 TER 28, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-2814, 24 IDAHO CODE, TO PROVIDE FOR SEVERABILITY; AND DECLARING AN EMERGENCY. 25 Be It Enacted by the Legislature of the State of Idaho: 26 SECTION 1. That Section 39-2801, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 39-2801. AUTHORIZATION TO FORM ABATEMENT DISTRICTS. There may be formed, 29 under the provisions of thisactchapter, districts for the abatement of mos- 30 quitoes and/or other vermin of public health and welfare importance, in any 31 area of the state from territory of one (1) or more counties, one (1) or more 32 cities or towns, or any combination or portion thereof, provided such dis- 33 tricts need not be contiguous, but each noncontiguous area must be greater 34 than or equal to forty (40) acres in size. 35 SECTION 2. That Section 39-2802, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 39-2802. PROCEDURES FOR FORMATION OF ABATEMENT DISTRICTS. Upon presenta- 38 tion to the board of county commissioners of a petition requesting the forma- 39 tion of an abatement district, which is signed by qualified resident property 40 owners of the territory of the proposed abatement district, equal to not less 41 than ten percent (10%) of the resident property owners that voted in the last 2 1 general election, the commissioners shall publish such petition when the fol- 2 lowing conditions are met: the petition must define the boundaries of the pro- 3 posed district, which need not be contiguous, but each noncontiguous area must 4 be greater than or equal to forty (40) acres in size, and assessed tax valua- 5 tion of the property therein. When the above conditions have been met the 6 county commissioners shall publish the petition, and if after thirty (30) days 7 no protests are received, an election must be held at the next regularly 8 scheduled election date specified in section 34-106, Idaho Code.The petition-9ers shall bear the expense of holding the election.If there are written 10 protests, the county commissioners must hold a public hearing within thirty 11 (30) days after receipt of the written protests and after the hearing hold an 12 election. Notice of the time and place of such election shall be published at 13 least once not less than twelve (12) days prior to the election and a second 14 time not less than five (5) days prior to the election in at least one (1) 15 newspaper having general circulation in the proposed abatement district. Only 16 qualified electors who own land within the district, or the proposed district, 17 and are residents of the county in which the district, or a portion thereof, 18 is located, or are spouses of such landowners residing in such county, may 19 vote on the formation of the district. A majority of the votes cast will 20 establish the district. 21 SECTION 3. That Section 39-2804, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 39-2804. POWERS AND DUTIES OF ABATEMENT DISTRICTS. The abatement district 24 board of trustees is authorized: 25a.(1) To appoint a director to direct the activities of the district, in 26 accordance with training and experience necessary to fulfill the duties of the 27 position. 28b.(2) To appoint such other persons as necessary, determine their duties 29 and compensation, and make rules and regulations respecting them. 30c.(3) To take all necessary and proper steps for the control of mosqui- 31 toes and other vermin of public health and welfare importance in the district 32 and for these purposes shall have the right to enter upon any and all lands. 33d.(4) To sue and be sued. 34e.(5) To cContract to purchase, hold, dispose of, and acquire by gift 35 real and personal property in the name of the district. To exercise the right 36 of eminent domain and for these purposes to condemn any necessary land and/or 37 rights-of-way in accordance with general law. 38f.(6) To abate as nuisance breeding places of mosquitoes and/or other 39 vermin of public health and welfare importance within the district or within 40 migrating distance of the district by use of chemicals and/or permanent con- 41 trol measures and in this connection have the right to enter upon any and all 42 lands. 43g.(7) To work with the lateral ditch water users associations, irriga- 44 tion, drainage and flood control districts and other cooperating organiza- 45 tions. The board of trustees of the abatement district may supplement funds of 46 cooperating organizations for improvement, repair, maintenance and cleaning of 47 ditches which will temporarily or permanently eliminate mosquito breeding or 48 for other activities which will benefit the district. 49h.(8) To file annually with the board of county commissioners for their 50 approval an estimate of funds required for the next year, a plan of the work 51 to be done, and methods to be employed. No procedure, work or contract for any 52 year of operation shall be done or entered upon until plans and budget have 53 been jointly approved by the board of county commissioners. 3 1i.(9) To file, annually or by February 1 of the succeeding year, with the 2 board of county commissioners a report setting forth the moneys expended dur- 3 ing the previous year, methods employed, and work accomplishments. 4 (10) To require, at its discretion, a landowner to submit to the district 5 officials for prior approval a written mosquito or other vermin management 6 plan specific to the landowner's property. If, in the opinion of the district 7 officials, the landowner fails to follow the plan and does not provide ade- 8 quate control measures, the district officials may cause the property to be 9 treated in order to control the mosquitoes or other vermin. 10 SECTION 4. That Section 39-2806, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 39-2806. ANNEXATION TO ABATEMENT DISTRICTS.Contiguous tTerritories may 13 be annexed to organized mosquito abatement districts upon petition of a major- 14 ity of the legal voters in the territory seeking annexation and of the owners 15 of more than half, by assessed value, of the taxable property in such terri- 16 tory, or by written request for annexation of a designated area, submitted to 17 the trustees of the existing mosquito abatement district and signed by all 18 members of the board of county commissioners in which county the territory 19 seeking annexation is located. Noncontiguous territory annexed to an existing 20 abatement district shall consist of not less than forty (40) contiguous acres. 21 Upon receiving this petition or written request, the trustees of the existing 22 mosquito abatement district must submit the question of annexation to the 23 legal voters of the district atana regularly scheduled election held subject 24 to the provisions of section 34-106, Idaho Code. 25 SECTION 5. That Section 39-2807, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 39-2807. CONSOLIDATION OF ABATEMENT DISTRICTS. Two (2) or morecontiguous28 districts may be consolidated. Any district board of trustees may seek consol- 29 idation by adoption of a resolution by a majority vote of its members. Consol- 30 idation is accomplished by a majority vote of the members of each of the 31 boards of trustees involved in the consolidation. The consolidated districts 32 may enter into arrangements for pooling funds and joint use of personnel, 33 equipment, and supplies. The activities conducted under joint arrangement 34 shall be considered as if conducted directly by the board having jurisdiction 35 over the area concerned. The board of county commissioners must be given writ- 36 ten notice of consolidation. 37 SECTION 6. That Section 39-2809, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 39-2809. SHORT TITLE. Thisactchapter may be cited as the "Idaho Mos- 40 quito and Vermin Abatement Act." 41 SECTION 7. That Chapter 28, Title 39, Idaho Code, be, and the same is 42 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 43 ignated as Section 39-2812, Idaho Code, and to read as follows: 44 39-2812. EMERGENCY/INTERIM PEST MANAGEMENT PROVISIONS. (1) To provide for 45 the timely response to an elevated or anticipated pest population that may 46 constitute a risk to public health and welfare, the board of county commis- 47 sioners of each county of this state, in collaboration with duly recognized 4 1 local and state officials, is hereby granted full power and authority to 2 declare such pests as public health and welfare pests, and to initiate activi- 3 ties to intervene in the potential spread of disease, or adverse economic 4 impact, caused by these pests by taking appropriate steps to intervene in the 5 natural biological cycle of the pests and/or disease. 6 (2) Boards of county commissioners are further authorized and empowered, 7 in the event of an emergency, such emergency being declared by such boards, to 8 make direct appropriations for the purpose of controlling pests as identified 9 pursuant to this section. All moneys raised by direct appropriation shall be 10 placed in a county public health pest fund, which shall be used exclusively 11 for the control of pests of public health and welfare significance and for 12 payment of all necessary expenses incurred in such control program. In addi- 13 tion, the county may impose an annual property tax assessment pursuant to sec- 14 tion 39-2805, Idaho Code, and in accordance with the provisions of section 15 63-803, Idaho Code, for the term of the emergency or until all expenses incur- 16 red during the emergency have been recovered. Such fund shall be a revolving 17 fund and all moneys returned to the fund under any of the provisions of this 18 chapter shall continue to be available for the operation of the control pro- 19 gram. 20 (3) The emergency declaration of a pest of public health and welfare sig- 21 nificance within a county and subsequent pest management activity shall, 22 except as provided for in subsection (5) of this section, place the whole 23 county into an interim abatement district for administrative purposes for no 24 more than two (2) years. The transition of an interim abatement district into 25 a formally defined abatement district shall be brought to a vote of the elec- 26 torate, at a qualified general election within twenty-four (24) months of the 27 declaration, and if passed, the district will be recognized and the ongoing 28 provisions of the chapter shall be implemented. If the measure fails, the bal- 29 ance of revolving fund moneys shall be distributed as required by state law. 30 (4) In the event the emergency exceeds the county's capacity and/or 31 resources, provisions should be made to request state or federal emergency 32 funds to address the evolving situation. 33 (5) If the interim abatement district provides the same service as an 34 existing abatement district, the interim abatement district shall exclude any 35 area within an existing abatement district. 36 SECTION 8. That Chapter 28, Title 39, Idaho Code, be, and the same is 37 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 38 ignated as Section 39-2813, Idaho Code, and to read as follows: 39 39-2813. OPERATION OF ABATEMENT DISTRICTS BY COUNTY. Any district board 40 of trustees may seek operation of the district by the board of county commis- 41 sioners by adoption of a resolution by a majority vote of its members and by a 42 majority vote of the board of county commissioners. The board of county com- 43 missioners may provide by ordinance that the district board of trustees shall 44 function as an advisory board to the board of county commissioners. If such an 45 ordinance is adopted, the board of county commissioners shall retain and may 46 exercise the powers, duties and responsibilities otherwise charged to the mos- 47 quito abatement district board of trustees by the provisions of this chapter. 48 Any such ordinance shall set forth the powers, duties, responsibilities, com- 49 pensation, and terms of office of the mosquito abatement advisory board and 50 may provide for any such other rules under which the mosquito abatement advi- 51 sory board shall advise the board of county commissioners and conduct its 52 operations. Any such ordinance may be repealed at any time and, if repealed, 53 the provisions of this chapter shall apply as if no such ordinance had been 5 1 adopted. 2 SECTION 9. That Chapter 28, Title 39, Idaho Code, be, and the same is 3 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 4 ignated as Section 39-2814, Idaho Code, and to read as follows: 5 39-2814. SEVERABILITY. The provisions of this chapter are hereby declared 6 to be severable and if any provision of this chapter or the application of 7 such provision to any person or circumstance is declared invalid for any rea- 8 son, such declaration shall not affect the validity of the remaining portions 9 of this chapter. 10 SECTION 10. An emergency existing therefor, which emergency is hereby 11 declared to exist, this act shall be in full force and effect on and after its 12 passage and approval.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-eighth Legislature First Regular Session - 2005Moved by Raybould Seconded by Crow IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 370 1 AMENDMENT TO SECTION 3 2 On page 3 of the printed bill, delete lines 4 through 9. 3 CORRECTION TO TITLE 4 On page 1, delete lines 10 through 12 and insert: "SECTION 39-2804, IDAHO 5 CODE, TO REFERENCE THE PUBLIC HEALTH AND WELFARE AND TO MAKE TECHNICAL CORREC- 6 TIONS; AMENDING SECTION 39-2806, IDAHO CODE, TO REMOVE LAN-".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 370, As Amended BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO ABATEMENT DISTRICTS; AMENDING SECTION 39-2801, IDAHO CODE, TO REF- 3 ERENCE THE PUBLIC HEALTH AND WELFARE, TO PROVIDE THAT DISTRICTS NEED NOT 4 BE CONTIGUOUS BUT THAT EACH NONCONTIGUOUS AREA MUST BE A CERTAIN SIZE AND 5 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-2802, IDAHO CODE, TO 6 PROVIDE THAT DISTRICTS NEED NOT BE CONTIGUOUS BUT THAT EACH NONCONTIGUOUS 7 AREA MUST BE A CERTAIN SIZE, TO PROVIDE FOR ELECTIONS TO BE HELD AT THE 8 NEXT REGULARLY SCHEDULED ELECTION DATE AND TO REMOVE LANGUAGE PROVIDING 9 THAT PETITIONERS SHALL BEAR THE EXPENSE OF HOLDING THE ELECTION; AMENDING 10 SECTION 39-2804, IDAHO CODE, TO REFERENCE THE PUBLIC HEALTH AND WELFARE 11 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-2806, IDAHO CODE, 12 TO REMOVE LANGUAGE REFERENCING CONTIGUOUS TERRITORIES, TO PROVIDE THAT 13 NONCONTIGUOUS TERRITORIES ANNEXED TO EXISTING ABATEMENT DISTRICTS SHALL BE 14 A CERTAIN SIZE AND TO REFERENCE REGULARLY SCHEDULED ELECTIONS; AMENDING 15 SECTION 39-2807, IDAHO CODE, TO REMOVE LANGUAGE REFERENCING CONTIGUOUS 16 DISTRICTS; AMENDING SECTION 39-2809, IDAHO CODE, TO REVISE THE SHORT TITLE 17 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 28, TITLE 39, IDAHO 18 CODE, BY THE ADDITION OF A NEW SECTION 39-2812, IDAHO CODE, TO SET FORTH 19 EMERGENCY AND INTERIM PEST MANAGEMENT PROVISIONS; AMENDING CHAPTER 28, 20 TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-2813, IDAHO 21 CODE, TO PROVIDE FOR THE OPERATION OF ABATEMENT DISTRICTS BY COUNTIES; 22 AMENDING CHAPTER 28, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SEC- 23 TION 39-2814, IDAHO CODE, TO PROVIDE FOR SEVERABILITY; AND DECLARING AN 24 EMERGENCY. 25 Be It Enacted by the Legislature of the State of Idaho: 26 SECTION 1. That Section 39-2801, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 39-2801. AUTHORIZATION TO FORM ABATEMENT DISTRICTS. There may be formed, 29 under the provisions of thisactchapter, districts for the abatement of mos- 30 quitoes and/or other vermin of public health and welfare importance, in any 31 area of the state from territory of one (1) or more counties, one (1) or more 32 cities or towns, or any combination or portion thereof, provided such dis- 33 tricts need not be contiguous, but each noncontiguous area must be greater 34 than or equal to forty (40) acres in size. 35 SECTION 2. That Section 39-2802, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 39-2802. PROCEDURES FOR FORMATION OF ABATEMENT DISTRICTS. Upon presenta- 38 tion to the board of county commissioners of a petition requesting the forma- 39 tion of an abatement district, which is signed by qualified resident property 40 owners of the territory of the proposed abatement district, equal to not less 41 than ten percent (10%) of the resident property owners that voted in the last 2 1 general election, the commissioners shall publish such petition when the fol- 2 lowing conditions are met: the petition must define the boundaries of the pro- 3 posed district, which need not be contiguous, but each noncontiguous area must 4 be greater than or equal to forty (40) acres in size, and assessed tax valua- 5 tion of the property therein. When the above conditions have been met the 6 county commissioners shall publish the petition, and if after thirty (30) days 7 no protests are received, an election must be held at the next regularly 8 scheduled election date specified in section 34-106, Idaho Code.The petition-9ers shall bear the expense of holding the election.If there are written 10 protests, the county commissioners must hold a public hearing within thirty 11 (30) days after receipt of the written protests and after the hearing hold an 12 election. Notice of the time and place of such election shall be published at 13 least once not less than twelve (12) days prior to the election and a second 14 time not less than five (5) days prior to the election in at least one (1) 15 newspaper having general circulation in the proposed abatement district. Only 16 qualified electors who own land within the district, or the proposed district, 17 and are residents of the county in which the district, or a portion thereof, 18 is located, or are spouses of such landowners residing in such county, may 19 vote on the formation of the district. A majority of the votes cast will 20 establish the district. 21 SECTION 3. That Section 39-2804, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 39-2804. POWERS AND DUTIES OF ABATEMENT DISTRICTS. The abatement district 24 board of trustees is authorized: 25a.(1) To appoint a director to direct the activities of the district, in 26 accordance with training and experience necessary to fulfill the duties of the 27 position. 28b.(2) To appoint such other persons as necessary, determine their duties 29 and compensation, and make rules and regulations respecting them. 30c.(3) To take all necessary and proper steps for the control of mosqui- 31 toes and other vermin of public health and welfare importance in the district 32 and for these purposes shall have the right to enter upon any and all lands. 33d.(4) To sue and be sued. 34e.(5) To cContract to purchase, hold, dispose of, and acquire by gift 35 real and personal property in the name of the district. To exercise the right 36 of eminent domain and for these purposes to condemn any necessary land and/or 37 rights-of-way in accordance with general law. 38f.(6) To abate as nuisance breeding places of mosquitoes and/or other 39 vermin of public health and welfare importance within the district or within 40 migrating distance of the district by use of chemicals and/or permanent con- 41 trol measures and in this connection have the right to enter upon any and all 42 lands. 43g.(7) To work with the lateral ditch water users associations, irriga- 44 tion, drainage and flood control districts and other cooperating organiza- 45 tions. The board of trustees of the abatement district may supplement funds of 46 cooperating organizations for improvement, repair, maintenance and cleaning of 47 ditches which will temporarily or permanently eliminate mosquito breeding or 48 for other activities which will benefit the district. 49h.(8) To file annually with the board of county commissioners for their 50 approval an estimate of funds required for the next year, a plan of the work 51 to be done, and methods to be employed. No procedure, work or contract for any 52 year of operation shall be done or entered upon until plans and budget have 53 been jointly approved by the board of county commissioners. 3 1i.(9) To file, annually or by February 1 of the succeeding year, with the 2 board of county commissioners a report setting forth the moneys expended dur- 3 ing the previous year, methods employed, and work accomplishments. 4 SECTION 4. That Section 39-2806, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 39-2806. ANNEXATION TO ABATEMENT DISTRICTS.Contiguous tTerritories may 7 be annexed to organized mosquito abatement districts upon petition of a major- 8 ity of the legal voters in the territory seeking annexation and of the owners 9 of more than half, by assessed value, of the taxable property in such terri- 10 tory, or by written request for annexation of a designated area, submitted to 11 the trustees of the existing mosquito abatement district and signed by all 12 members of the board of county commissioners in which county the territory 13 seeking annexation is located. Noncontiguous territory annexed to an existing 14 abatement district shall consist of not less than forty (40) contiguous acres. 15 Upon receiving this petition or written request, the trustees of the existing 16 mosquito abatement district must submit the question of annexation to the 17 legal voters of the district atana regularly scheduled election held subject 18 to the provisions of section 34-106, Idaho Code. 19 SECTION 5. That Section 39-2807, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 39-2807. CONSOLIDATION OF ABATEMENT DISTRICTS. Two (2) or morecontiguous22 districts may be consolidated. Any district board of trustees may seek consol- 23 idation by adoption of a resolution by a majority vote of its members. Consol- 24 idation is accomplished by a majority vote of the members of each of the 25 boards of trustees involved in the consolidation. The consolidated districts 26 may enter into arrangements for pooling funds and joint use of personnel, 27 equipment, and supplies. The activities conducted under joint arrangement 28 shall be considered as if conducted directly by the board having jurisdiction 29 over the area concerned. The board of county commissioners must be given writ- 30 ten notice of consolidation. 31 SECTION 6. That Section 39-2809, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 39-2809. SHORT TITLE. Thisactchapter may be cited as the "Idaho Mos- 34 quito and Vermin Abatement Act." 35 SECTION 7. That Chapter 28, Title 39, Idaho Code, be, and the same is 36 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 37 ignated as Section 39-2812, Idaho Code, and to read as follows: 38 39-2812. EMERGENCY/INTERIM PEST MANAGEMENT PROVISIONS. (1) To provide for 39 the timely response to an elevated or anticipated pest population that may 40 constitute a risk to public health and welfare, the board of county commis- 41 sioners of each county of this state, in collaboration with duly recognized 42 local and state officials, is hereby granted full power and authority to 43 declare such pests as public health and welfare pests, and to initiate activi- 44 ties to intervene in the potential spread of disease, or adverse economic 45 impact, caused by these pests by taking appropriate steps to intervene in the 46 natural biological cycle of the pests and/or disease. 47 (2) Boards of county commissioners are further authorized and empowered, 4 1 in the event of an emergency, such emergency being declared by such boards, to 2 make direct appropriations for the purpose of controlling pests as identified 3 pursuant to this section. All moneys raised by direct appropriation shall be 4 placed in a county public health pest fund, which shall be used exclusively 5 for the control of pests of public health and welfare significance and for 6 payment of all necessary expenses incurred in such control program. In addi- 7 tion, the county may impose an annual property tax assessment pursuant to sec- 8 tion 39-2805, Idaho Code, and in accordance with the provisions of section 9 63-803, Idaho Code, for the term of the emergency or until all expenses incur- 10 red during the emergency have been recovered. Such fund shall be a revolving 11 fund and all moneys returned to the fund under any of the provisions of this 12 chapter shall continue to be available for the operation of the control pro- 13 gram. 14 (3) The emergency declaration of a pest of public health and welfare sig- 15 nificance within a county and subsequent pest management activity shall, 16 except as provided for in subsection (5) of this section, place the whole 17 county into an interim abatement district for administrative purposes for no 18 more than two (2) years. The transition of an interim abatement district into 19 a formally defined abatement district shall be brought to a vote of the elec- 20 torate, at a qualified general election within twenty-four (24) months of the 21 declaration, and if passed, the district will be recognized and the ongoing 22 provisions of the chapter shall be implemented. If the measure fails, the bal- 23 ance of revolving fund moneys shall be distributed as required by state law. 24 (4) In the event the emergency exceeds the county's capacity and/or 25 resources, provisions should be made to request state or federal emergency 26 funds to address the evolving situation. 27 (5) If the interim abatement district provides the same service as an 28 existing abatement district, the interim abatement district shall exclude any 29 area within an existing abatement district. 30 SECTION 8. That Chapter 28, Title 39, Idaho Code, be, and the same is 31 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 32 ignated as Section 39-2813, Idaho Code, and to read as follows: 33 39-2813. OPERATION OF ABATEMENT DISTRICTS BY COUNTY. Any district board 34 of trustees may seek operation of the district by the board of county commis- 35 sioners by adoption of a resolution by a majority vote of its members and by a 36 majority vote of the board of county commissioners. The board of county com- 37 missioners may provide by ordinance that the district board of trustees shall 38 function as an advisory board to the board of county commissioners. If such an 39 ordinance is adopted, the board of county commissioners shall retain and may 40 exercise the powers, duties and responsibilities otherwise charged to the mos- 41 quito abatement district board of trustees by the provisions of this chapter. 42 Any such ordinance shall set forth the powers, duties, responsibilities, com- 43 pensation, and terms of office of the mosquito abatement advisory board and 44 may provide for any such other rules under which the mosquito abatement advi- 45 sory board shall advise the board of county commissioners and conduct its 46 operations. Any such ordinance may be repealed at any time and, if repealed, 47 the provisions of this chapter shall apply as if no such ordinance had been 48 adopted. 49 SECTION 9. That Chapter 28, Title 39, Idaho Code, be, and the same is 50 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 51 ignated as Section 39-2814, Idaho Code, and to read as follows: 5 1 39-2814. SEVERABILITY. The provisions of this chapter are hereby declared 2 to be severable and if any provision of this chapter or the application of 3 such provision to any person or circumstance is declared invalid for any rea- 4 son, such declaration shall not affect the validity of the remaining portions 5 of this chapter. 6 SECTION 10. An emergency existing therefor, which emergency is hereby 7 declared to exist, this act shall be in full force and effect on and after its 8 passage and approval.
STATEMENT OF PURPOSE RS 15183 The current Idaho Mosquito Abatement Act Chapter 28, Title 39, Idaho Code makes the establishment of an abatement district a lengthy and expensive undertaking for anyone needing to establish a district. Giving consideration to the imminent threat of West Nile Virus to the state, the recent Black Fly outbreaks in Magic Valley and Treasure Valley, the potential for the rapid movement of pest and diseases around the world, and home land security issues there is a need for revision of this act. This legislation revises the act to allow for the establishment by the county of interim or emergency abatement districts. The revision will provide for the protection of the public health and welfare and allow the formation of non-contiguous districts. In addition, there are several editorial changes. FISCAL IMPACT There will be no fiscal impact to the General Fund. Contact Name: Sen. Brad Little Phone: 332-1303 Mike Cooper 332-8620 Tom Daley 332-8620 STATEMENT OF PURPOSE/FISCAL NOTE H 370