2005 Legislation
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HOUSE BILL NO. 370 – Mosquito abatement dist, operation

HOUSE BILL NO. 370

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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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN 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 this act chapter, 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-
  9    ers  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:
 25        a.(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.
 28        b.(2)  To  appoint such other persons as necessary, determine their duties
 29    and compensation, and make rules and regulations respecting them.
 30        c.(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.
 33        d.(4)  To sue and be sued.
 34        e.(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.
 38        f.(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.
 43        g.(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.
 49        h.(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
                                                                        
  1        i.(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 at an a 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 more contiguous
 28    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. This act chapter 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.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                                     Moved 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-".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN 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 this act chapter, 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-
  9    ers 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:
 25        a.(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.
 28        b.(2)  To appoint such other persons as necessary, determine their  duties
 29    and compensation, and make rules and regulations respecting them.
 30        c.(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.
 33        d.(4)  To sue and be sued.
 34        e.(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.
 38        f.(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.
 43        g.(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.
 49        h.(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
                                                                        
  1        i.(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 at an a 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 more contiguous
 22    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. This act chapter 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 / Fiscal Impact



                       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