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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 - 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.
|||| 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-".
|||| 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
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