2005 Legislation
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SENATE BILL NO. 1106 – Mosquito abatement dist, operation

SENATE BILL NO. 1106

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Bill Status



S1106...............................................by AGRICULTURAL AFFAIRS
ABATEMENT DISTRICTS - Amends existing law relating to abatement districts
to provide that districts need not be contiguous; to delete language
providing that petitioners shall bear the expense of holding the election;
to reference the public health and welfare; to provide for mosquito or
other vermin management plans; 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.
                                                                        
02/10    Senate intro - 1st rdg - to printing
02/11    Rpt prt - to Agric Aff
02/23    Rpt out - rec d/p - to 2nd rdg
02/24    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Noble
    Floor Sponsor - Little
    Title apvd - to House
03/01    House intro - 1st rdg - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1106
                                                                        
                             BY AGRICULTURAL AFFAIRS 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 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-2802,
  5        IDAHO  CODE,  TO PROVIDE THAT DISTRICTS NEED NOT BE CONTIGUOUS, TO PROVIDE
  6        FOR ELECTIONS TO BE HELD AT THE NEXT REGULARLY SCHEDULED ELECTION DATE AND
  7        TO REMOVE LANGUAGE PROVIDING THAT PETITIONERS SHALL BEAR  THE  EXPENSE  OF
  8        HOLDING  THE  ELECTION; AMENDING SECTION 39-2804, IDAHO CODE, TO REFERENCE
  9        THE PUBLIC HEALTH AND WELFARE, TO PROVIDE FOR  MOSQUITO  OR  OTHER  VERMIN
 10        MANAGEMENT  PLANS  AND  TO  MAKE  TECHNICAL  CORRECTIONS; AMENDING SECTION
 11        39-2806, IDAHO CODE, TO REMOVE LANGUAGE REFERENCING CONTIGUOUS TERRITORIES
 12        AND TO REFERENCE REGULARLY SCHEDULED ELECTIONS; AMENDING SECTION  39-2807,
 13        IDAHO  CODE, TO REMOVE LANGUAGE REFERENCING CONTIGUOUS DISTRICTS; AMENDING
 14        SECTION 39-2809, TO REVISE THE SHORT TITLE AND TO MAKE  TECHNICAL  CORREC-
 15        TIONS; AMENDING CHAPTER 28, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW
 16        SECTION  39-2812, IDAHO CODE, TO SET FORTH EMERGENCY AND INTERIM PEST MAN-
 17        AGEMENT PROVISIONS; AMENDING CHAPTER 28, TITLE  39,  IDAHO  CODE,  BY  THE
 18        ADDITION  OF  A NEW SECTION 39-2813, IDAHO CODE, TO PROVIDE FOR THE OPERA-
 19        TION OF ABATEMENT DISTRICTS BY COUNTIES; AND AMENDING  CHAPTER  28,  TITLE
 20        39,  IDAHO  CODE, BY THE ADDITION OF A NEW SECTION 39-2814, IDAHO CODE, TO
 21        PROVIDE FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
                                                                        
 22    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 23        SECTION 1.  That Section 39-2801, Idaho Code, be, and the same  is  hereby
 24    amended to read as follows:
                                                                        
 25        39-2801.  AUTHORIZATION  TO FORM ABATEMENT DISTRICTS. There may be formed,
 26    under the provisions of this act chapter, districts for the abatement of  mos-
 27    quitoes  and/or  other  vermin of public health and welfare importance, in any
 28    area of the state from territory of one (1) or more counties, one (1) or  more
 29    cities  or  towns,  or  any combination or portion thereof, provided such dis-
 30    tricts need not be contiguous.
                                                                        
 31        SECTION 2.  That Section 39-2802, Idaho Code, be, and the same  is  hereby
 32    amended to read as follows:
                                                                        
 33        39-2802.  PROCEDURES  FOR FORMATION OF ABATEMENT DISTRICTS. Upon presenta-
 34    tion to the board of county commissioners of a petition requesting the  forma-
 35    tion  of an abatement district, which is signed by qualified resident property
 36    owners of the territory of the proposed abatement district, equal to not  less
 37    than  ten percent (10%) of the resident property owners that voted in the last
 38    general election, the commissioners shall publish such petition when the  fol-
 39    lowing conditions are met: the petition must define the boundaries of the pro-
 40    posed  district,  which  need not be contiguous, and assessed tax valuation of
 41    the property therein. When the above conditions have been met the county  com-
                                                                        
                                           2
                                                                        
  1    missioners  shall  publish  the  petition,  and  if  after thirty (30) days no
  2    protests are received, an election must be held at the next  regularly  sched-
  3    uled  election  date  specified in section 34-106, Idaho Code. The petitioners
  4    shall bear the expense of holding the election. If there are written protests,
  5    the county commissioners must hold a public hearing within  thirty  (30)  days
  6    after  receipt of the written protests and after the hearing hold an election.
  7    Notice of the time and place of such election shall be published at least once
  8    not less than twelve (12) days prior to the election and  a  second  time  not
  9    less  than  five  (5) days prior to the election in at least one (1) newspaper
 10    having general circulation in the proposed abatement district. Only  qualified
 11    electors  who  own land within the district, or the proposed district, and are
 12    residents of the county in which  the  district,  or  a  portion  thereof,  is
 13    located,  or  are spouses of such landowners residing in such county, may vote
 14    on the formation of the district. A majority of the votes cast will  establish
 15    the district.
                                                                        
 16        SECTION  3.  That  Section 39-2804, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
                                                                        
 18        39-2804.  POWERS AND DUTIES OF ABATEMENT DISTRICTS. The abatement district
 19    board of trustees is authorized:
 20        a.(1)  To appoint a director to direct the activities of the district,  in
 21    accordance with training and experience necessary to fulfill the duties of the
 22    position.
 23        b.(2)  To  appoint such other persons as necessary, determine their duties
 24    and compensation, and make rules and regulations respecting them.
 25        c.(3)  To take all necessary and proper steps for the control  of  mosqui-
 26    toes  and other vermin of public health and welfare importance in the district
 27    and for these purposes shall have the right to enter upon any and all lands.
 28        d.(4)  To sue and be sued.
 29        e.(5)  To cContract to purchase, hold, dispose of,  and  acquire  by  gift
 30    real  and personal property in the name of the district. To exercise the right
 31    of eminent domain and for these purposes to condemn any necessary land  and/or
 32    rights-of-way in accordance with general law.
 33        f.(6)  To  abate  as  nuisance  breeding places of mosquitoes and/or other
 34    vermin of public health and welfare importance within the district  or  within
 35    migrating  distance  of the district by use of chemicals and/or permanent con-
 36    trol measures and in this connection have the right to enter upon any and  all
 37    lands.
 38        g.(7)  To  work  with  the lateral ditch water users associations, irriga-
 39    tion, drainage and flood control districts  and  other  cooperating  organiza-
 40    tions. The board of trustees of the abatement district may supplement funds of
 41    cooperating organizations for improvement, repair, maintenance and cleaning of
 42    ditches  which  will temporarily or permanently eliminate mosquito breeding or
 43    for other activities which will benefit the district.
 44        h.(8)  To file annually with the board of county commissioners  for  their
 45    approval  an  estimate of funds required for the next year, a plan of the work
 46    to be done, and methods to be employed. No procedure, work or contract for any
 47    year of operation shall be done or entered upon until plans  and  budget  have
 48    been jointly approved by the board of county commissioners.
 49        i.(9)  To file, annually or by February 1 of the succeeding year, with the
 50    board  of county commissioners a report setting forth the moneys expended dur-
 51    ing the previous year, methods employed, and work accomplishments.
 52        (10) To require, at its discretion, a landowner to submit to the  district
 53    officials  for  prior  approval  a written mosquito or other vermin management
                                                                        
                                           3
                                                                        
  1    plan specific to the landowner's property. If, in the opinion of the  district
  2    officials,  the  landowner  fails to follow the plan and does not provide ade-
  3    quate control measures, the district officials may cause the  property  to  be
  4    treated in order to control the mosquitoes or other vermin.
                                                                        
  5        SECTION  4.  That  Section 39-2806, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        39-2806.  ANNEXATION TO ABATEMENT DISTRICTS. Contiguous  tTerritories  may
  8    be annexed to organized mosquito abatement districts upon petition of a major-
  9    ity  of the legal voters in the territory seeking annexation and of the owners
 10    of more than half, by assessed value, of the taxable property in  such  terri-
 11    tory,  or by written request for annexation of a designated area, submitted to
 12    the trustees of the existing mosquito abatement district  and  signed  by  all
 13    members  of  the  board  of county commissioners in which county the territory
 14    seeking annexation  is  located.  Upon  receiving  this  petition  or  written
 15    request,  the trustees of the existing mosquito abatement district must submit
 16    the question of annexation to the legal voters of the district at an  a  regu-
 17    larly  scheduled  election  held  subject to the provisions of section 34-106,
 18    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,  are  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 immediately impose an annual property tax assessment pur-
  8    suant to section 39-2805, Idaho Code, for the term of the emergency  or  until
  9    all  expenses  incurred  during  the  emergency have been recovered. Such fund
 10    shall be a revolving fund and all moneys returned to the fund under any of the
 11    provisions of this chapter shall continue to be available for the operation of
 12    the control program.
 13        (3)  The declaration of a pest of public health and  welfare  significance
 14    within  a county and subsequent pest management activity shall place the whole
 15    county into an interim abatement district for administrative purposes  for  no
 16    more  than two (2) years. The transition of an interim abatement district into
 17    a formally defined abatement district shall be brought to a vote of the  elec-
 18    torate,  at a qualified general election within twenty-four (24) months of the
 19    declaration, and if passed, the district will be recognized  and  the  ongoing
 20    provisions of the chapter shall be implemented. If the measure fails, the bal-
 21    ance of revolving fund moneys shall be distributed as required by state law.
 22        (4)  In  the  event  the  emergency  exceeds  the county's capacity and/or
 23    resources, provisions should be made to request  state  or  federal  emergency
 24    funds to address the evolving situation.
                                                                        
 25        SECTION  8.  That  Chapter  28,  Title 39, Idaho Code, be, and the same is
 26    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 27    ignated as Section 39-2813, Idaho Code, and to read as follows:
                                                                        
 28        39-2813.  OPERATION  OF  ABATEMENT DISTRICTS BY COUNTY. Any district board
 29    of trustees may seek operation of the district by the board of county  commis-
 30    sioners by adoption of a resolution by a majority vote of its members and by a
 31    majority  vote  of the board of county commissioners. The board of county com-
 32    missioners may provide by ordinance that the district board of trustees  shall
 33    function as an advisory board to the board of county commissioners. If such an
 34    ordinance  is  adopted, the board of county commissioners shall retain and may
 35    exercise the powers, duties and responsibilities otherwise charged to the mos-
 36    quito abatement district board of trustees by the provisions of this  chapter.
 37    Any  such ordinance shall set forth the powers, duties, responsibilities, com-
 38    pensation, and terms of office of the mosquito abatement  advisory  board  and
 39    may  provide for any such other rules under which the mosquito abatement advi-
 40    sory board shall advise the board of  county  commissioners  and  conduct  its
 41    operations.  Any  such ordinance may be repealed at any time and, if repealed,
 42    the provisions of this chapter shall apply as if no such  ordinance  had  been
 43    adopted.
                                                                        
 44        SECTION  9.  That  Chapter  28,  Title 39, Idaho Code, be, and the same is
 45    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 46    ignated as Section 39-2814, Idaho Code, and to read as follows:
                                                                        
 47        39-2814.  SEVERABILITY. The provisions of this chapter are hereby declared
 48    to  be  severable  and  if any provision of this chapter or the application of
 49    such provision to any person or circumstance is declared invalid for any  rea-
 50    son,  such declaration shall not affect the validity of the remaining portions
 51    of this chapter.
                                                                        
                                           5
                                                                        
  1        SECTION 10.  An emergency existing therefor,  which  emergency  is  hereby
  2    declared to exist, this act shall be in full force and effect on and after its
  3    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 14951

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 a 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 NOTE
                                
There will be no fiscal impact to the General Fund. 


          

Contact:
Name: Sen. Brad Little 332-1303
      Dept. of Agriculture:
      Mike Cooper 332-8620
      Tom Daley 332-8620


STATEMENT OF PURPOSE/FISCAL NOTE                       S 1106