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S1107...............................................by AGRICULTURAL AFFAIRS
MOSQUITO ABATEMENT DISTRICTS - Amends and adds to 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 health and welfare of the public; to
provide for mosquito or other vermin management plans; to provide for an
alternative budget growth factor for abatement districts; to revise the
short title; to set forth emergency and interim pest management provisions;
to provide for the operation of abatement districts by counties; to provide
for severability; and to provide an exemption.
02/10 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Agric Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1107
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 39-2805, IDAHO CODE, TO PROVIDE FOR AN ALTERNATIVE BUDGET GROWTH FACTOR
12 FOR ABATEMENT DISTRICTS; AMENDING SECTION 39-2806, IDAHO CODE, TO REMOVE
13 LANGUAGE REFERENCING CONTIGUOUS TERRITORIES AND TO REFERENCE REGULARLY
14 SCHEDULED ELECTIONS; AMENDING SECTION 39-2807, IDAHO CODE, TO REMOVE LAN-
15 GUAGE REFERENCING CONTIGUOUS DISTRICTS; AMENDING SECTION 39-2809, TO
16 REVISE THE SHORT TITLE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER
17 28, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-2812, IDAHO
18 CODE, TO SET FORTH EMERGENCY AND INTERIM PEST MANAGEMENT PROVISIONS;
19 AMENDING CHAPTER 28, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
20 TION 39-2813, IDAHO CODE, TO PROVIDE FOR THE OPERATION OF ABATEMENT DIS-
21 TRICTS BY COUNTIES; AMENDING CHAPTER 28, TITLE 39, IDAHO CODE, BY THE
22 ADDITION OF A NEW SECTION 39-2814, IDAHO CODE, TO PROVIDE FOR SEVERABIL-
23 ITY; AMENDING SECTION 63-802, IDAHO CODE, TO PROVIDE AN EXEMPTION; AND
24 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.
34 SECTION 2. That Section 39-2802, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 39-2802. PROCEDURES FOR FORMATION OF ABATEMENT DISTRICTS. Upon presenta-
37 tion to the board of county commissioners of a petition requesting the forma-
38 tion of an abatement district, which is signed by qualified resident property
39 owners of the territory of the proposed abatement district, equal to not less
40 than ten percent (10%) of the resident property owners that voted in the last
41 general election, the commissioners shall publish such petition when the fol-
2
1 lowing conditions are met: the petition must define the boundaries of the pro-
2 posed district, which need not be contiguous, and assessed tax valuation of
3 the property therein. When the above conditions have been met the county com-
4 missioners shall publish the petition, and if after thirty (30) days no
5 protests are received, an election must be held at the next regularly sched-
6 uled election date specified in section 34-106, Idaho Code. The petitioners
7 shall bear the expense of holding the election. If there are written protests,
8 the county commissioners must hold a public hearing within thirty (30) days
9 after receipt of the written protests and after the hearing hold an election.
10 Notice of the time and place of such election shall be published at least once
11 not less than twelve (12) days prior to the election and a second time not
12 less than five (5) days prior to the election in at least one (1) newspaper
13 having general circulation in the proposed abatement district. Only qualified
14 electors who own land within the district, or the proposed district, and are
15 residents of the county in which the district, or a portion thereof, is
16 located, or are spouses of such landowners residing in such county, may vote
17 on the formation of the district. A majority of the votes cast will establish
18 the district.
19 SECTION 3. That Section 39-2804, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 39-2804. POWERS AND DUTIES OF ABATEMENT DISTRICTS. The abatement district
22 board of trustees is authorized:
23 a.(1) To appoint a director to direct the activities of the district, in
24 accordance with training and experience necessary to fulfill the duties of the
25 position.
26 b.(2) To appoint such other persons as necessary, determine their duties
27 and compensation, and make rules and regulations respecting them.
28 c.(3) To take all necessary and proper steps for the control of mosqui-
29 toes and other vermin of public health and welfare importance in the district
30 and for these purposes shall have the right to enter upon any and all lands.
31 d.(4) To sue and be sued.
32 e.(5) To cContract to purchase, hold, dispose of, and acquire by gift
33 real and personal property in the name of the district. To exercise the right
34 of eminent domain and for these purposes to condemn any necessary land and/or
35 rights-of-way in accordance with general law.
36 f.(6) To abate as nuisance breeding places of mosquitoes and/or other
37 vermin of public health and welfare importance within the district or within
38 migrating distance of the district by use of chemicals and/or permanent con-
39 trol measures and in this connection have the right to enter upon any and all
40 lands.
41 g.(7) To work with the lateral ditch water users associations, irriga-
42 tion, drainage and flood control districts and other cooperating organiza-
43 tions. The board of trustees of the abatement district may supplement funds of
44 cooperating organizations for improvement, repair, maintenance and cleaning of
45 ditches which will temporarily or permanently eliminate mosquito breeding or
46 for other activities which will benefit the district.
47 h.(8) To file annually with the board of county commissioners for their
48 approval an estimate of funds required for the next year, a plan of the work
49 to be done, and methods to be employed. No procedure, work or contract for any
50 year of operation shall be done or entered upon until plans and budget have
51 been jointly approved by the board of county commissioners.
52 i.(9) To file, annually or by February 1 of the succeeding year, with the
53 board of county commissioners a report setting forth the moneys expended dur-
3
1 ing the previous year, methods employed, and work accomplishments.
2 (10) To require, at its discretion, a landowner to submit to the district
3 officials for prior approval a written mosquito or other vermin management
4 plan specific to the landowner's property. If, in the opinion of the district
5 officials, the landowner fails to follow the plan and does not provide ade-
6 quate control measures, the district officials may cause the property to be
7 treated in order to control the mosquitoes or other vermin.
8 SECTION 4. That Section 39-2805, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 39-2805. METHOD OF FINANCING ABATEMENT DISTRICTS. The board of county
11 commissioners must levy upon taxable property within the district a tax at a
12 rate not greater than sufficient to raise the amount determined by the board
13 of trustees as approved by the board of county commissioners, as necessary for
14 the operation of the district for the ensuing year. In no event shall such tax
15 exceed one tenth percent (.1%) of the market value for assessment purposes on
16 all taxable property within the district. All taxes thus levied shall be col-
17 lected in the same manner as other taxes and deposited to the credit of the
18 abatement district and shall be used for no other purposes. Such funds may be
19 withdrawn from the county treasury and upon warrant of the board of trustees
20 of the abatement district, signed by the president of the board and counter-
21 signed by its secretary, for the activities of the abatement district. Abate-
22 ment districts formed under this chapter shall not be subject to the three
23 percent (3%) budget growth factor as set forth in section 63-802, Idaho Code,
24 but shall instead be limited to a ten percent (10%) budget growth factor.
25 SECTION 5. That Section 39-2806, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 39-2806. ANNEXATION TO ABATEMENT DISTRICTS. Contiguous tTerritories may
28 be annexed to organized mosquito abatement districts upon petition of a major-
29 ity of the legal voters in the territory seeking annexation and of the owners
30 of more than half, by assessed value, of the taxable property in such terri-
31 tory, or by written request for annexation of a designated area, submitted to
32 the trustees of the existing mosquito abatement district and signed by all
33 members of the board of county commissioners in which county the territory
34 seeking annexation is located. Upon receiving this petition or written
35 request, the trustees of the existing mosquito abatement district must submit
36 the question of annexation to the legal voters of the district at an a regu-
37 larly scheduled election held subject to the provisions of section 34-106,
38 Idaho Code.
39 SECTION 6. That Section 39-2807, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 39-2807. CONSOLIDATION OF ABATEMENT DISTRICTS. Two (2) or more contiguous
42 districts may be consolidated. Any district board of trustees may seek consol-
43 idation by adoption of a resolution by a majority vote of its members. Consol-
44 idation is accomplished by a majority vote of the members of each of the
45 boards of trustees involved in the consolidation. The consolidated districts
46 may enter into arrangements for pooling funds and joint use of personnel,
47 equipment, and supplies. The activities conducted under joint arrangement
48 shall be considered as if conducted directly by the board having jurisdiction
49 over the area concerned. The board of county commissioners must be given writ-
4
1 ten notice of consolidation.
2 SECTION 7. That Section 39-2809, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 39-2809. SHORT TITLE. This act chapter may be cited as the "Idaho Mos-
5 quito and Vermin Abatement Act."
6 SECTION 8. That Chapter 28, Title 39, Idaho Code, be, and the same is
7 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
8 ignated as Section 39-2812, Idaho Code, and to read as follows:
9 39-2812. EMERGENCY/INTERIM PEST MANAGEMENT PROVISIONS. (1) To provide for
10 the timely response to an elevated or anticipated pest population that may
11 constitute a risk to public health and welfare, the board of county commis-
12 sioners of each county of this state, in collaboration with duly recognized
13 local and state officials, are hereby granted full power and authority to
14 declare such pests as public health and welfare pests, and to initiate activi-
15 ties to intervene in the potential spread of disease, or adverse economic
16 impact, caused by these pests by taking appropriate steps to intervene in the
17 natural biological cycle of the pests and/or disease.
18 (2) Boards of county commissioners are further authorized and empowered,
19 in the event of an emergency, such emergency being declared by such boards, to
20 make direct appropriations for the purpose of controlling pests as identified
21 pursuant to this section. All moneys raised by direct appropriation shall be
22 placed in a county public health pest fund, which shall be used exclusively
23 for the control of pests of public health and welfare significance and for
24 payment of all necessary expenses incurred in such control program. In addi-
25 tion, the county may immediately impose an annual property tax assessment pur-
26 suant to section 39-2805, Idaho Code, for the term of the emergency or until
27 all expenses incurred during the emergency have been recovered. Such fund
28 shall be a revolving fund and all moneys returned to the fund under any of the
29 provisions of this chapter shall continue to be available for the operation of
30 the control program.
31 (3) The declaration of a pest of public health and welfare significance
32 within a county and subsequent pest management activity shall place the whole
33 county into an interim abatement district for administrative purposes for no
34 more than two (2) years. The transition of an interim abatement district into
35 a formally defined abatement district shall be brought to a vote of the elec-
36 torate, at a qualified general election within twenty-four (24) months of the
37 declaration, and if passed, the district will be recognized and the ongoing
38 provisions of the chapter shall be implemented. If the measure fails, the bal-
39 ance of revolving fund moneys shall be distributed as required by state law.
40 (4) In the event the emergency exceeds the county's capacity and/or
41 resources, provisions should be made to request state or federal emergency
42 funds to address the evolving situation.
43 SECTION 9. That Chapter 28, Title 39, Idaho Code, be, and the same is
44 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
45 ignated as Section 39-2813, Idaho Code, and to read as follows:
46 39-2813. OPERATION OF ABATEMENT DISTRICTS BY COUNTY. Any district board
47 of trustees may seek operation of the district by the board of county commis-
48 sioners by adoption of a resolution by a majority vote of its members and by a
49 majority vote of the board of county commissioners. The board of county com-
5
1 missioners may provide by ordinance that the district board of trustees shall
2 function as an advisory board to the board of county commissioners. If such an
3 ordinance is adopted, the board of county commissioners shall retain and may
4 exercise the powers, duties and responsibilities otherwise charged to the mos-
5 quito abatement district board of trustees by the provisions of this chapter.
6 Any such ordinance shall set forth the powers, duties, responsibilities, com-
7 pensation, and terms of office of the mosquito abatement advisory board and
8 may provide for any such other rules under which the mosquito abatement advi-
9 sory board shall advise the board of county commissioners and conduct its
10 operations. Any such ordinance may be repealed at any time and, if repealed,
11 the provisions of this chapter shall apply as if no such ordinance had been
12 adopted.
13 SECTION 10. That Chapter 28, Title 39, Idaho Code, be, and the same is
14 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
15 ignated as Section 39-2814, Idaho Code, and to read as follows:
16 39-2814. SEVERABILITY. The provisions of this chapter are hereby declared
17 to be severable and if any provision of this chapter or the application of
18 such provision to any person or circumstance is declared invalid for any rea-
19 son, such declaration shall not affect the validity of the remaining portions
20 of this chapter.
21 SECTION 11. That Section 63-802, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 63-802. LIMITATION ON BUDGET REQUESTS -- LIMITATION ON TAX CHARGES --
24 EXCEPTIONS. (1) Except as provided in subsection (3) of this section and sec-
25 tion 39-2805, Idaho Code, for tax year 1995, and each year thereafter, no tax-
26 ing district shall certify a budget request for an amount of property tax rev-
27 enues to finance an annual budget that exceeds the greater of:
28 (a) The dollar amount of property taxes certified for its annual budget
29 for any one (1) of the three (3) tax years preceding the current tax year,
30 whichever is greater, which amount may be increased by a growth factor of
31 not to exceed three percent (3%) plus the amount of revenue that would
32 have been generated by applying the levy of the previous year, not includ-
33 ing any levy described in subsection (4) of this section, to any increase
34 in market value subject to taxation resulting from new construction or
35 change of land use classification as evidenced by the value shown on the
36 new construction roll compiled pursuant to section 63-301A, Idaho Code;
37 and by the value of annexation during the previous calendar year, as cer-
38 tified by the state tax commission for market values of operating property
39 of public utilities and by the county assessor; or
40 (b) The dollar amount of property taxes certified for its annual budget
41 during the last year in which a levy was made; or
42 (c) The dollar amount of the actual budget request, if the taxing dis-
43 trict is newly created; or
44 (d) In the case of school districts, the restriction imposed in section
45 33-802, Idaho Code; or
46 (e) In the case of a nonschool district for which less than the maximum
47 allowable increase in the dollar amount of property taxes is certified for
48 annual budget purposes in any one (1) year, such a district may, in any
49 following year, recover the foregone increase by certifying, in addition
50 to any increase otherwise allowed, an amount not to exceed one hundred
51 percent (100%) of the increase originally foregone. Said additional amount
6
1 shall be included in future calculations for increases as allowed; or
2 (f) In the case of cities, if the immediately preceding year's levy sub-
3 ject to the limitation provided by this section, is less than 0.004, the
4 city may increase its budget by an amount not to exceed the difference
5 between 0.004 and actual prior year's levy multiplied by the prior year's
6 market value for assessment purposes. The additional amount must be
7 approved by sixty percent (60%) of the voters voting on the question at an
8 election called for that purpose and held on the date in May or November
9 provided by law, and may be included in the annual budget of the city for
10 purposes of this section; or
11 (g) A library district may submit to the electors within the district the
12 question of whether the budget from property tax revenues may be increased
13 beyond the amount authorized in this section, but not beyond the levy
14 authorized in section 33-2724, Idaho Code. The additional amount must be
15 approved by sixty-six and two-thirds percent (66 2/3%) or more of the
16 voters voting on the question at an election called for that purpose and
17 held on the May or November dates provided by section 34-106, Idaho Code.
18 If approved by the required minimum sixty-six and two-thirds percent
19 (66 2/3%) of the voters voting at the election, the new budget amount
20 shall be the base budget for the purposes of this section; or
21 (h) In the instance or case of cooperative service agencies, the restric-
22 tions imposed in sections 33-315 through 33-318, Idaho Code.
23 (2) In the case of fire districts, during the year immediately following
24 the election of a public utility or public utilities to consent to be provided
25 fire protection pursuant to section 31-1422, Idaho Code, the maximum amount of
26 property tax revenues permitted in subsection (1) of this section may be
27 increased by an amount equal to the current year's taxable value of the con-
28 senting public utility or public utilities multiplied by that portion of the
29 prior year's levy subject to the limitation provided by subsection (1) of this
30 section.
31 (3) No board of county commissioners shall set a levy, nor shall the
32 state tax commission approve a levy for annual budget purposes which exceeds
33 the limitation imposed in subsection (1) of this section, unless authority to
34 exceed such limitation has been approved by a majority of the taxing
35 district's electors voting on the question at an election called for that pur-
36 pose and held pursuant to section 34-106, Idaho Code, provided however, that
37 such voter approval shall be for a period of not to exceed two (2) years.
38 (4) The amount of property tax revenues to finance an annual budget does
39 not include revenues from nonproperty tax sources, and does not include reve-
40 nue from levies that are voter approved for bonds, override levies or supple-
41 mental levies, plant facilities reserve fund levies, school emergency fund
42 levies or for levies applicable to newly annexed property or for levies appli-
43 cable to new construction as evidenced by the value of property subject to the
44 occupancy tax pursuant to section 63-317, Idaho Code, for the preceding tax
45 year.
46 SECTION 12. An emergency existing therefor, which emergency is hereby
47 declared to exist, this act shall be in full force and effect on and after its
48 passage and approval.
STATEMENT OF PURPOSE
RS 14941
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. The current budget
limitations placed on districts limit their ability to implement a
wide spectrum of Integrated Pest Management (IPM) approaches to
pest control that could utilize a range of, survey, educational,
biological control, cultural and other practices to, in lieu of the
conventional chemical spray tactics currently relied on. 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. It also
provides more budget flexibility by changing the budget growth
factor cap of districts from three percent to ten percent. In
addition, there are several editorial changes.
Fiscal Impact
There is no fiscal impact to the general fund.
Contact:
Sen. Little 332-1303
Dept. of Agriculture: Mike Cooper - 334-8620
Tom Daley - 334-8620
STATEMENT OF PURPOSE/FISCAL NOTE S 1107