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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
]]]] 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 actchapter, 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 petitioners4 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 c Contract 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 ana 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 contiguous22 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 actchapter 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 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