View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
H0178aa.............................................by REVENUE AND TAXATION
ABATEMENT DISTRICTS - Amends and adds to existing law to revise provisions
and procedures relating to the formation of abatement districts; to revise
powers and duties of abatement districts; to provide for the declaration of
public health and welfare pests; to provide for disasters; and to provide
for the operation of abatement districts by counties.
02/12 House intro - 1st rdg - to printing
02/13 Rpt prt - to Rev/Tax
02/16 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
Ret'd to Rev/Tax
02/22 Rpt out - to Gen Ord
02/27 Rpt out amen - to engros
02/28 Rpt engros - 1st rdg - to 2nd rdg as amen
03/01 2nd rdg - to 3rd rdg as amen
03/02 3rd rdg as amen - PASSED - 65-0-5
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Henbest, Jaquet,
Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker,
Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen,
Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts,
Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail,
Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Clark, Edmunson, Harwood, Henderson, Nonini
Floor Sponsor - Bolz
Title apvd - to Senate
03/05 Senate intro - 1st rdg - to Loc Gov
03/09 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - Little
Title apvd - to House
03/19 To enrol - Rpt enrol - Sp signed
03/20 Pres signed - To Governor
03/26 Governor signed
Session Law Chapter 188
Effective: 03/26/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 178
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO ABATEMENT DISTRICTS; AMENDING THE HEADING FOR CHAPTER 28, TITLE
3 39, IDAHO CODE; AMENDING CHAPTER 28, TITLE 39, IDAHO CODE, BY THE ADDITION
4 OF A NEW SECTION 39-2801, IDAHO CODE, TO DEFINE TERMS; AMENDING SECTION
5 39-2801, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE PROVISIONS
6 RELATING TO THE FORMATION OF ABATEMENT DISTRICTS AND TO MAKE TECHNICAL
7 CORRECTIONS; AMENDING SECTION 39-2802, IDAHO CODE, TO REVISE PROCEDURES
8 FOR THE FORMATION OF ABATEMENT DISTRICTS; AMENDING SECTION 39-2804, IDAHO
9 CODE, TO REVISE THE POWERS AND DUTIES OF ABATEMENT DISTRICTS AND TO MAKE
10 TECHNICAL CORRECTIONS; AMENDING SECTION 39-2806, IDAHO CODE, TO DELETE
11 REFERENCE TO MOSQUITO ABATEMENT DISTRICTS AND TO REVISE PROVISIONS RELAT-
12 ING TO ANNEXATION TO ABATEMENT DISTRICTS; AMENDING SECTION 39-2809, IDAHO
13 CODE, TO REVISE SHORT TITLE PROVISIONS; AMENDING SECTION 39-2810, IDAHO
14 CODE, TO DELETE REFERENCE TO MOSQUITO ABATEMENT DISTRICTS; AMENDING SEC-
15 TION 39-2811, IDAHO CODE, TO DELETE REFERENCE TO MOSQUITO ABATEMENT DIS-
16 TRICTS; AMENDING CHAPTER 28, TITLE 39, IDAHO CODE, BY THE ADDITION OF A
17 NEW SECTION 39-2812, IDAHO CODE, TO PROVIDE FOR THE DECLARATION OF PUBLIC
18 HEALTH AND WELFARE PESTS, TO PROVIDE FOR DISASTERS AND EMERGENCIES AND TO
19 PROVIDE FOR INTERIM ABATEMENT DISTRICTS; AMENDING CHAPTER 28, TITLE 39,
20 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-2813, IDAHO CODE, TO PRO-
21 VIDE FOR THE OPERATION OF ABATEMENT DISTRICTS BY COUNTIES; AMENDING CHAP-
22 TER 28, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-2814,
23 IDAHO CODE, TO PROVIDE FOR SEVERABILITY; AMENDING SECTION 22-2508, IDAHO
24 CODE, TO DELETE REFERENCE TO MOSQUITO ABATEMENT DISTRICTS AND TO MAKE A
25 TECHNICAL CORRECTION; AMENDING SECTION 22-2811, IDAHO CODE, TO DELETE REF-
26 ERENCE TO MOSQUITO ABATEMENT DISTRICTS; AND DECLARING AN EMERGENCY.
27 Be It Enacted by the Legislature of the State of Idaho:
28 SECTION 1. That the Heading for Chapter 28, Title 39, Idaho Code, be, and
29 the same is hereby amended to read as follows:
30 CHAPTER 28
31 MOSQUITO ABATEMENT DISTRICTS
32 SECTION 2. That Chapter 28, Title 39, Idaho Code, be, and the same is
33 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
34 ignated as Section 39-2801, Idaho Code, and to read as follows:
35 39-2801. DEFINITIONS. When used in this chapter:
36 (1) "Vector" means an animal, such as an insect, that transmits a disease
37 producing organism from one host to another.
38 (2) "Vermin" means small animals, including insects, of public health and
39 welfare concern which are difficult to control when they appear in large num-
40 bers.
2
1 SECTION 3. That Section 39-2801, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 39-2801A. AUTHORIZATION TO FORM ABATEMENT DISTRICTS. There may be formed,
4 under the provisions of this act chapter, districts for the abatement of mos-
5 quitoes and/or other vermin of public health and welfare importance, in any
6 area of the state from territory of one (1) or more counties, one (1) or more
7 cities or towns, or any combination or portion thereof. No district shall con-
8 tain noncontiguous areas except where a noncontiguous area of land consisting
9 of not less than forty (40) contiguous acres, is separated from the district
10 by public property owned by the federal, state or local government, such non-
11 contiguous land may be included in the district by election or agreement of
12 the private property owners.
13 SECTION 4. That Section 39-2802, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 39-2802. PROCEDURES FOR FORMATION OF ABATEMENT DISTRICTS. (1) Abatement
16 districts may be formed in the following ways:
17 (a) Upon presentation to the board of county commissioners of a petition
18 requesting the formation of an abatement district, which is signed by
19 qualified resident property owners of the territory of the proposed abate-
20 ment district, equal to not less than ten percent (10%) of the resident
21 property owners that voted in the last general election within the pro-
22 posed district, the commissioners shall publish such petition when the
23 following conditions are met: the petition must define the boundaries of
24 the proposed district and assessed tax valuation of the property therein.
25 When the above conditions have been met the county commissioners shall
26 publish the petition, and if after thirty (30) days no protests are
27 received, an election must be held at the next on a regularly scheduled
28 election date specified in section 34-106, Idaho Code. The petitioners
29 abatement district shall bear the expense of holding their portion of the
30 election upon their successful formation from the first tax moneys col-
31 lected. If there are written protests, the county commissioners must hold
32 a public hearing within thirty (30) days after receipt of the written
33 protests and after the hearing hold an election. Notice of the time and
34 place of such election shall be published at least once not less than
35 twelve (12) days prior to the election and a second time not less than
36 five (5) days prior to the election in at least one (1) newspaper having
37 general circulation in the proposed abatement district. Only qualified
38 electors who own land within the district, or the proposed district, and
39 are residents of the county in which the district, or a portion thereof,
40 is located, or are spouses of such landowners residing in such county,
41 may vote on the formation of the district. A majority of the votes cast
42 will establish the district.
43 (b) The board of county commissioners may place the question on a ballot
44 during either a primary or general election as to whether to create an
45 abatement district. If the board of county commissioners determines to
46 place such a question on the ballot, it shall be after they define the
47 boundaries of the proposed district and assessed tax valuation of the
48 property therein. Notice of the time and place of such election shall be
49 published at least once not less than twelve (12) days prior to the elec-
50 tion and a second time not less than five (5) days prior to the election
51 in at least one (1) newspaper having general circulation in the proposed
52 abatement district.
3
1 (2) No person shall be entitled to vote at any election held under the
2 provisions of this chapter unless he shall possess all the qualifications
3 required of electors under the general laws of the state and be a resident of
4 the proposed district. A majority of the votes cast by the qualified electors
5 shall establish the district.
6 SECTION 5. That Section 39-2804, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 39-2804. POWERS AND DUTIES OF ABATEMENT DISTRICTS. The abatement district
9 board of trustees is authorized:
10 a.(1) To appoint a director to direct the activities of the district, in
11 accordance with training and experience necessary to fulfill the duties of the
12 position.
13 b.(2) To appoint such other persons as necessary, determine their duties
14 and compensation, and make rules and regulations respecting them.
15 c.(3) To take all necessary and proper steps for the control of mosqui-
16 toes and other vermin of public health and welfare importance in the district
17 and for these purposes shall have the right to enter upon any and all lands.
18 d.(4) To sue and be sued.
19 e.(5) To cContract to purchase, hold, dispose of, and acquire by gift
20 real and personal property in the name of the district. To exercise the right
21 of eminent domain and for these purposes to condemn any necessary land and/or
22 rights-of-way in accordance with general law.
23 f.(6) To abate as nuisance breeding places of mosquitoes and/or other
24 vermin of public health and welfare importance within the district or within
25 migrating distance of the district by use of chemicals and/or permanent con-
26 trol measures and in this connection have the right to enter upon any and all
27 lands.
28 g.(7) To work with the lateral ditch water users associations, irriga-
29 tion, drainage and flood control districts and other cooperating organiza-
30 tions. The board of trustees of the abatement district may supplement funds of
31 cooperating organizations for improvement, repair, maintenance and cleaning of
32 ditches which will temporarily or permanently eliminate mosquito breeding or
33 for other activities which will benefit the district.
34 h.(8) To file annually with the board of county commissioners for their
35 approval an estimate of funds required for the next year, a plan of the work
36 to be done, and methods to be employed. No procedure, work or contract for any
37 year of operation shall be done or entered upon until plans and budget have
38 been jointly approved by the board of county commissioners.
39 i.(9) To file, annually or by February 1 of the succeeding year, with
40 the board of county commissioners a report setting forth the moneys expended
41 during the previous year, methods employed, and work accomplishments.
42 (10) To approve a written mosquito or other vermin management plan submit-
43 ted by a landowner requesting that their property be excluded from treatment
44 by the abatement district. Such plan must be specific to the landowner's prop-
45 erty, provide adequate control measures, and be implemented by the landowner.
46 The abatement district shall refrain from treatment of property included in
47 the approved plan, but shall maintain monitoring and surveillance activities.
48 If the landowner fails to follow the plan or does not provide adequate control
49 measures, the abatement district may abate the mosquitoes or other vermin.
50 (11) To cooperate with other entities. At its discretion, a district may
51 cooperate with and enter into annual agreements or contract with governmental
52 agencies of this state, other states, agencies of the federal government, pri-
53 vate associations, and private individuals in order to carry out the purposes
4
1 and provisions of this chapter.
2 SECTION 6. That Section 39-2806, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 39-2806. ANNEXATION TO ABATEMENT DISTRICTS. Contiguous territories may be
5 annexed to organized mosquito abatement districts upon petition of a majority
6 of the legal voters in the territory seeking annexation and of the owners of
7 more than half, by assessed value, of the taxable property in such territory,
8 or by written request for annexation of a designated area, submitted to the
9 trustees of the existing mosquito abatement district and signed by all members
10 of the board of county commissioners in which county the territory seeking
11 annexation is located. For annexations that will increase the size of an
12 existing contiguous district, there shall be no size restriction on the prop-
13 erty being annexed. Noncontiguous areas shall not be annexed unless the area
14 meets the provisions of section 39-2801A, Idaho Code. Upon receiving this
15 petition or written request, the trustees of the existing mosquito abatement
16 district must submit the question of annexation to the legal voters of the
17 district at an election held subject to the provisions of section 34-106,
18 Idaho Code.
19 SECTION 7. That Section 39-2809, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 39-2809. SHORT TITLE. This act chapter may be cited as the "Idaho Mos-
22 quito and Vermin Abatement Act."
23 SECTION 8. That Section 39-2810, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 39-2810. WITHDRAWAL. Any portion of an mosquito abatement district which
26 will not be reasonably benefited by remaining within such district may be
27 withdrawn as in this section provided. Upon receiving a petition signed by
28 fifty (50) or more landowners within the portion desired to be withdrawn from
29 any mosquito abatement district, or by a majority of such landowners, if there
30 are less than one hundred (100) landowners within the portion sought to be
31 withdrawn, requesting the withdrawal of such portion from the district on the
32 ground that such portion will not be reasonably benefited by remaining in said
33 district, the board of county commissioners shall fix a time for hearing on
34 such petition and for hearing protests to the continuance of the remaining
35 territory as an mosquito abatement district. The hearing shall not be less
36 than ten (10) days nor more than thirty (30) days after the receipt thereof.
37 The board shall, at least one (1) week prior to the time so fixed, publish
38 notice of such hearing by one (1) publication in a newspaper of general circu-
39 lation in the district, which the board deems most likely to give notice to
40 the inhabitants thereof, of the proposed withdrawal.
41 SECTION 9. That Section 39-2811, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 39-2811. HEARING OF PETITION FOR WITHDRAWAL. Any person interested may
44 appear at the hearing and object to the withdrawal of the portion from the
45 district, or may object to the continuance of the remaining territory as an
46 mosquito abatement district. The board of county commissioners shall consider
47 all objections and shall pass upon the same, and if it finds that portion of
5
1 the district sought to be withdrawn will not be reasonably benefited by
2 remaining within the district, and the territory not sought to be withdrawn
3 will be reasonably benefited by continuing as an mosquito abatement district,
4 it shall grant the petition and enter an order thereon upon its records. In
5 the event the board finds the district will not be reasonably benefited by
6 continuing as an mosquito abatement district, it shall enter an order upon its
7 records completely dissolving and terminating the previously existing mosquito
8 abatement district. Upon the withdrawal of any territory from an mosquito
9 abatement district, as in this section provided, all property acquired for the
10 district shall remain vested in the county and be used for the purposes of the
11 district. Upon complete dissolution of an mosquito abatement district as
12 herein provided, all property acquired for the district shall remain vested in
13 the county and be used for any general purpose of the county.
14 SECTION 10. That Chapter 28, Title 39, Idaho Code, be, and the same is
15 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
16 ignated as Section 39-2812, Idaho Code, and to read as follows:
17 39-2812. PESTS -- PUBLIC HEALTH AND WELFARE -- DISASTERS -- EMERGENCIES
18 -- INTERIM ABATEMENT DISTRICTS. (1) To provide for the timely response to
19 an elevated or anticipated pest population that may constitute a risk to pub-
20 lic health and welfare, the board of county commissioners of each county
21 of this state, in collaboration with duly recognized local and state offi-
22 cials, and after a public hearing is called for such purpose as a special
23 meeting pursuant to the provisions of section 67-2343(2), Idaho Code, is
24 hereby granted full power and authority to declare such pests as public
25 health and welfare pests, and to initiate activities to hinder in the poten-
26 tial spread of disease, or adverse economic impact, caused by these pests by
27 taking appropriate steps to intervene in the natural biological cycle of the
28 pests or disease.
29 (2) Boards of county commissioners are further authorized and empowered,
30 in the event of a disaster or emergency declared by such boards, to make
31 direct appropriations for the purpose of controlling public health and welfare
32 pests as declared pursuant to this section. All moneys raised by direct appro-
33 priation shall be placed in a county public health and welfare pest fund,
34 which shall be used exclusively for the control of pests of public health and
35 welfare significance and for payment of all necessary expenses incurred in
36 such control program. In addition, the county may impose an annual property
37 tax assessment pursuant to section 39-2805, Idaho Code, and in accordance with
38 the provisions of sections 63-802 and 63-803, Idaho Code, for the term of the
39 disaster or emergency or until all expenses incurred during the disaster or
40 emergency have been recovered. Such fund shall be a revolving fund and all
41 moneys returned to the fund under any of the provisions of this chapter shall
42 continue to be available for the operation of the control program.
43 (3) The disaster or emergency declaration of a pest of public health and
44 welfare significance within a county and subsequent pest management activity
45 shall, except as provided herein, place the whole county into an interim
46 abatement district for administrative purposes for no more than two (2) years.
47 The transition of an interim abatement district into a formally defined abate-
48 ment district, shall be brought to a vote of the electorate within twenty-four
49 (24) months of the declaration, subject to the notification and establishment
50 requirements provided in this chapter and conducted during a general election
51 held on the first Tuesday following the first Monday in November of even num-
52 bered years, and if passed, the district shall be recognized and the provi-
53 sions of this chapter shall be implemented. If the measure fails, the balance
6
1 of revolving fund moneys shall be distributed as required by state law. In
2 the event the disaster or emergency exceeds the county's capacity or
3 resources, provisions should be made to request state or federal disaster or
4 emergency funds to address the evolving situation. If the interim abatement
5 district provides the same service as an existing abatement district, the
6 interim abatement district shall exclude any area within an existing abatement
7 district.
8 SECTION 11. That Chapter 28, Title 39, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 39-2813, Idaho Code, and to read as follows:
11 39-2813. OPERATION OF ABATEMENT DISTRICTS BY COUNTY. Any district board
12 of trustees may seek operation of the district by the board of county commis-
13 sioners by adoption of a resolution by a majority vote of its members and by a
14 majority vote of the board of county commissioners. The board of county com-
15 missioners may provide by ordinance that the abatement district board of
16 trustees shall function as an advisory board to the board of county commis-
17 sioners. If such an ordinance is adopted, the board of county commissioners
18 shall retain and may exercise the powers, duties and responsibilities other-
19 wise charged to the abatement district board of trustees by the provisions of
20 this chapter. Any such ordinance shall set forth the powers, duties, responsi-
21 bilities, compensation, and terms of office of the abatement advisory board
22 and may provide for any such other rules under which the abatement advisory
23 board shall advise the board of county commissioners and conduct its opera-
24 tions. Any such ordinance may be repealed at any time and, if repealed, the
25 provisions of this chapter shall apply as if no such ordinance had been
26 adopted.
27 SECTION 12. That Chapter 28, Title 39, Idaho Code, be, and the same is
28 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
29 ignated as Section 39-2814, Idaho Code, and to read as follows:
30 39-2814. SEVERABILITY. The provisions of this chapter are hereby declared
31 to be severable and if any provision of this chapter or the application of
32 such provision to any person or circumstance is declared invalid for any rea-
33 son, such declaration shall not affect the validity of the remaining portions
34 of this chapter.
35 SECTION 13. That Section 22-2508, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 22-2508. PUBLICATION OF REGISTERED BEEKEEPERS. The department shall make
38 available to any pesticide applicator registered with the department, mosquito
39 abatement or pest control district, or Uuniversity of Idaho county agricul-
40 tural extension office, a list of beekeepers registered with the department.
41 The list shall include the names and telephone numbers of the beekeepers, the
42 counties in which they keep bees, and any other information the department
43 deems necessary to assist in the prevention of accidental poisoning of honey-
44 bees.
45 SECTION 14. That Section 22-2811, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 22-2811. PUBLICATION OF REGISTERED BEEKEEPERS. The commission shall make
7
1 available to any pesticide applicator registered with the department, mosquito
2 abatement or pest control district, or university of Idaho county agricultural
3 extension office, a list of beekeepers registered with the commission. The
4 list shall include the names and telephone numbers of the beekeepers, the
5 counties in which they keep bees, and any other information the commission
6 deems necessary to assist in the prevention of accidental poisoning of honey-
7 bees.
8 SECTION 15. An emergency existing therefor, which emergency is hereby
9 declared to exist, this act shall be in full force and effect on and after its
10 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
Moved by LeFavour
Seconded by Bolz
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 178
1 AMENDMENT TO SECTION 3
2 On page 2 of the printed bill, in line 12, following "owners." insert:
3 "Any abatement district formed under this chapter, including an interim dis-
4 trict formed under the provisions of section 39-2812, Idaho Code, shall be
5 governed by the provisions of section 39-2804, Idaho Code.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 178, As Amended
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO ABATEMENT DISTRICTS; AMENDING THE HEADING FOR CHAPTER 28, TITLE
3 39, IDAHO CODE; AMENDING CHAPTER 28, TITLE 39, IDAHO CODE, BY THE ADDITION
4 OF A NEW SECTION 39-2801, IDAHO CODE, TO DEFINE TERMS; AMENDING SECTION
5 39-2801, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE PROVISIONS
6 RELATING TO THE FORMATION OF ABATEMENT DISTRICTS AND TO MAKE TECHNICAL
7 CORRECTIONS; AMENDING SECTION 39-2802, IDAHO CODE, TO REVISE PROCEDURES
8 FOR THE FORMATION OF ABATEMENT DISTRICTS; AMENDING SECTION 39-2804, IDAHO
9 CODE, TO REVISE THE POWERS AND DUTIES OF ABATEMENT DISTRICTS AND TO MAKE
10 TECHNICAL CORRECTIONS; AMENDING SECTION 39-2806, IDAHO CODE, TO DELETE
11 REFERENCE TO MOSQUITO ABATEMENT DISTRICTS AND TO REVISE PROVISIONS RELAT-
12 ING TO ANNEXATION TO ABATEMENT DISTRICTS; AMENDING SECTION 39-2809, IDAHO
13 CODE, TO REVISE SHORT TITLE PROVISIONS; AMENDING SECTION 39-2810, IDAHO
14 CODE, TO DELETE REFERENCE TO MOSQUITO ABATEMENT DISTRICTS; AMENDING SEC-
15 TION 39-2811, IDAHO CODE, TO DELETE REFERENCE TO MOSQUITO ABATEMENT DIS-
16 TRICTS; AMENDING CHAPTER 28, TITLE 39, IDAHO CODE, BY THE ADDITION OF A
17 NEW SECTION 39-2812, IDAHO CODE, TO PROVIDE FOR THE DECLARATION OF PUBLIC
18 HEALTH AND WELFARE PESTS, TO PROVIDE FOR DISASTERS AND EMERGENCIES AND TO
19 PROVIDE FOR INTERIM ABATEMENT DISTRICTS; AMENDING CHAPTER 28, TITLE 39,
20 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-2813, IDAHO CODE, TO PRO-
21 VIDE FOR THE OPERATION OF ABATEMENT DISTRICTS BY COUNTIES; AMENDING CHAP-
22 TER 28, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-2814,
23 IDAHO CODE, TO PROVIDE FOR SEVERABILITY; AMENDING SECTION 22-2508, IDAHO
24 CODE, TO DELETE REFERENCE TO MOSQUITO ABATEMENT DISTRICTS AND TO MAKE A
25 TECHNICAL CORRECTION; AMENDING SECTION 22-2811, IDAHO CODE, TO DELETE REF-
26 ERENCE TO MOSQUITO ABATEMENT DISTRICTS; AND DECLARING AN EMERGENCY.
27 Be It Enacted by the Legislature of the State of Idaho:
28 SECTION 1. That the Heading for Chapter 28, Title 39, Idaho Code, be, and
29 the same is hereby amended to read as follows:
30 CHAPTER 28
31 MOSQUITO ABATEMENT DISTRICTS
32 SECTION 2. That Chapter 28, Title 39, Idaho Code, be, and the same is
33 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
34 ignated as Section 39-2801, Idaho Code, and to read as follows:
35 39-2801. DEFINITIONS. When used in this chapter:
36 (1) "Vector" means an animal, such as an insect, that transmits a disease
37 producing organism from one host to another.
38 (2) "Vermin" means small animals, including insects, of public health and
39 welfare concern which are difficult to control when they appear in large num-
40 bers.
2
1 SECTION 3. That Section 39-2801, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 39-2801A. AUTHORIZATION TO FORM ABATEMENT DISTRICTS. There may be formed,
4 under the provisions of this act chapter, districts for the abatement of mos-
5 quitoes and/or other vermin of public health and welfare importance, in any
6 area of the state from territory of one (1) or more counties, one (1) or more
7 cities or towns, or any combination or portion thereof. No district shall con-
8 tain noncontiguous areas except where a noncontiguous area of land consisting
9 of not less than forty (40) contiguous acres, is separated from the district
10 by public property owned by the federal, state or local government, such non-
11 contiguous land may be included in the district by election or agreement of
12 the private property owners. Any abatement district formed under this chapter,
13 including an interim district formed under the provisions of section 39-2812,
14 Idaho Code, shall be governed by the provisions of section 39-2804, Idaho
15 Code.
16 SECTION 4. That Section 39-2802, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 39-2802. PROCEDURES FOR FORMATION OF ABATEMENT DISTRICTS. (1) Abatement
19 districts may be formed in the following ways:
20 (a) Upon presentation to the board of county commissioners of a petition
21 requesting the formation of an abatement district, which is signed by
22 qualified resident property owners of the territory of the proposed abate-
23 ment district, equal to not less than ten percent (10%) of the resident
24 property owners that voted in the last general election within the pro-
25 posed district, the commissioners shall publish such petition when the
26 following conditions are met: the petition must define the boundaries of
27 the proposed district and assessed tax valuation of the property therein.
28 When the above conditions have been met the county commissioners shall
29 publish the petition, and if after thirty (30) days no protests are
30 received, an election must be held at the next on a regularly scheduled
31 election date specified in section 34-106, Idaho Code. The petitioners
32 abatement district shall bear the expense of holding their portion of the
33 election upon their successful formation from the first tax moneys col-
34 lected. If there are written protests, the county commissioners must hold
35 a public hearing within thirty (30) days after receipt of the written
36 protests and after the hearing hold an election. Notice of the time and
37 place of such election shall be published at least once not less than
38 twelve (12) days prior to the election and a second time not less than
39 five (5) days prior to the election in at least one (1) newspaper having
40 general circulation in the proposed abatement district. Only qualified
41 electors who own land within the district, or the proposed district, and
42 are residents of the county in which the district, or a portion thereof,
43 is located, or are spouses of such landowners residing in such county,
44 may vote on the formation of the district. A majority of the votes cast
45 will establish the district.
46 (b) The board of county commissioners may place the question on a ballot
47 during either a primary or general election as to whether to create an
48 abatement district. If the board of county commissioners determines to
49 place such a question on the ballot, it shall be after they define the
50 boundaries of the proposed district and assessed tax valuation of the
51 property therein. Notice of the time and place of such election shall be
52 published at least once not less than twelve (12) days prior to the elec-
3
1 tion and a second time not less than five (5) days prior to the election
2 in at least one (1) newspaper having general circulation in the proposed
3 abatement district.
4 (2) No person shall be entitled to vote at any election held under the
5 provisions of this chapter unless he shall possess all the qualifications
6 required of electors under the general laws of the state and be a resident of
7 the proposed district. A majority of the votes cast by the qualified electors
8 shall establish the district.
9 SECTION 5. That Section 39-2804, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 39-2804. POWERS AND DUTIES OF ABATEMENT DISTRICTS. The abatement district
12 board of trustees is authorized:
13 a.(1) To appoint a director to direct the activities of the district, in
14 accordance with training and experience necessary to fulfill the duties of the
15 position.
16 b.(2) To appoint such other persons as necessary, determine their duties
17 and compensation, and make rules and regulations respecting them.
18 c.(3) To take all necessary and proper steps for the control of mosqui-
19 toes and other vermin of public health and welfare importance in the district
20 and for these purposes shall have the right to enter upon any and all lands.
21 d.(4) To sue and be sued.
22 e.(5) To cContract to purchase, hold, dispose of, and acquire by gift
23 real and personal property in the name of the district. To exercise the right
24 of eminent domain and for these purposes to condemn any necessary land and/or
25 rights-of-way in accordance with general law.
26 f.(6) To abate as nuisance breeding places of mosquitoes and/or other
27 vermin of public health and welfare importance within the district or within
28 migrating distance of the district by use of chemicals and/or permanent con-
29 trol measures and in this connection have the right to enter upon any and all
30 lands.
31 g.(7) To work with the lateral ditch water users associations, irriga-
32 tion, drainage and flood control districts and other cooperating organiza-
33 tions. The board of trustees of the abatement district may supplement funds of
34 cooperating organizations for improvement, repair, maintenance and cleaning of
35 ditches which will temporarily or permanently eliminate mosquito breeding or
36 for other activities which will benefit the district.
37 h.(8) To file annually with the board of county commissioners for their
38 approval an estimate of funds required for the next year, a plan of the work
39 to be done, and methods to be employed. No procedure, work or contract for any
40 year of operation shall be done or entered upon until plans and budget have
41 been jointly approved by the board of county commissioners.
42 i.(9) To file, annually or by February 1 of the succeeding year, with
43 the board of county commissioners a report setting forth the moneys expended
44 during the previous year, methods employed, and work accomplishments.
45 (10) To approve a written mosquito or other vermin management plan submit-
46 ted by a landowner requesting that their property be excluded from treatment
47 by the abatement district. Such plan must be specific to the landowner's prop-
48 erty, provide adequate control measures, and be implemented by the landowner.
49 The abatement district shall refrain from treatment of property included in
50 the approved plan, but shall maintain monitoring and surveillance activities.
51 If the landowner fails to follow the plan or does not provide adequate control
52 measures, the abatement district may abate the mosquitoes or other vermin.
53 (11) To cooperate with other entities. At its discretion, a district may
4
1 cooperate with and enter into annual agreements or contract with governmental
2 agencies of this state, other states, agencies of the federal government, pri-
3 vate associations, and private individuals in order to carry out the purposes
4 and provisions of this chapter.
5 SECTION 6. 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 territories may be
8 annexed to organized mosquito abatement districts upon petition of a majority
9 of the legal voters in the territory seeking annexation and of the owners of
10 more than half, by assessed value, of the taxable property in such territory,
11 or by written request for annexation of a designated area, submitted to the
12 trustees of the existing mosquito abatement district and signed by all members
13 of the board of county commissioners in which county the territory seeking
14 annexation is located. For annexations that will increase the size of an
15 existing contiguous district, there shall be no size restriction on the prop-
16 erty being annexed. Noncontiguous areas shall not be annexed unless the area
17 meets the provisions of section 39-2801A, Idaho Code. Upon receiving this
18 petition or written request, the trustees of the existing mosquito abatement
19 district must submit the question of annexation to the legal voters of the
20 district at an election held subject to the provisions of section 34-106,
21 Idaho Code.
22 SECTION 7. That Section 39-2809, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 39-2809. SHORT TITLE. This act chapter may be cited as the "Idaho Mos-
25 quito and Vermin Abatement Act."
26 SECTION 8. That Section 39-2810, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 39-2810. WITHDRAWAL. Any portion of an mosquito abatement district which
29 will not be reasonably benefited by remaining within such district may be
30 withdrawn as in this section provided. Upon receiving a petition signed by
31 fifty (50) or more landowners within the portion desired to be withdrawn from
32 any mosquito abatement district, or by a majority of such landowners, if there
33 are less than one hundred (100) landowners within the portion sought to be
34 withdrawn, requesting the withdrawal of such portion from the district on the
35 ground that such portion will not be reasonably benefited by remaining in said
36 district, the board of county commissioners shall fix a time for hearing on
37 such petition and for hearing protests to the continuance of the remaining
38 territory as an mosquito abatement district. The hearing shall not be less
39 than ten (10) days nor more than thirty (30) days after the receipt thereof.
40 The board shall, at least one (1) week prior to the time so fixed, publish
41 notice of such hearing by one (1) publication in a newspaper of general circu-
42 lation in the district, which the board deems most likely to give notice to
43 the inhabitants thereof, of the proposed withdrawal.
44 SECTION 9. That Section 39-2811, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 39-2811. HEARING OF PETITION FOR WITHDRAWAL. Any person interested may
47 appear at the hearing and object to the withdrawal of the portion from the
5
1 district, or may object to the continuance of the remaining territory as an
2 mosquito abatement district. The board of county commissioners shall consider
3 all objections and shall pass upon the same, and if it finds that portion of
4 the district sought to be withdrawn will not be reasonably benefited by
5 remaining within the district, and the territory not sought to be withdrawn
6 will be reasonably benefited by continuing as an mosquito abatement district,
7 it shall grant the petition and enter an order thereon upon its records. In
8 the event the board finds the district will not be reasonably benefited by
9 continuing as an mosquito abatement district, it shall enter an order upon its
10 records completely dissolving and terminating the previously existing mosquito
11 abatement district. Upon the withdrawal of any territory from an mosquito
12 abatement district, as in this section provided, all property acquired for the
13 district shall remain vested in the county and be used for the purposes of the
14 district. Upon complete dissolution of an mosquito abatement district as
15 herein provided, all property acquired for the district shall remain vested in
16 the county and be used for any general purpose of the county.
17 SECTION 10. That Chapter 28, Title 39, Idaho Code, be, and the same is
18 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
19 ignated as Section 39-2812, Idaho Code, and to read as follows:
20 39-2812. PESTS -- PUBLIC HEALTH AND WELFARE -- DISASTERS -- EMERGENCIES
21 -- INTERIM ABATEMENT DISTRICTS. (1) To provide for the timely response to
22 an elevated or anticipated pest population that may constitute a risk to pub-
23 lic health and welfare, the board of county commissioners of each county
24 of this state, in collaboration with duly recognized local and state offi-
25 cials, and after a public hearing is called for such purpose as a special
26 meeting pursuant to the provisions of section 67-2343(2), Idaho Code, is
27 hereby granted full power and authority to declare such pests as public
28 health and welfare pests, and to initiate activities to hinder in the poten-
29 tial spread of disease, or adverse economic impact, caused by these pests by
30 taking appropriate steps to intervene in the natural biological cycle of the
31 pests or disease.
32 (2) Boards of county commissioners are further authorized and empowered,
33 in the event of a disaster or emergency declared by such boards, to make
34 direct appropriations for the purpose of controlling public health and welfare
35 pests as declared pursuant to this section. All moneys raised by direct appro-
36 priation shall be placed in a county public health and welfare pest fund,
37 which shall be used exclusively for the control of pests of public health and
38 welfare significance and for payment of all necessary expenses incurred in
39 such control program. In addition, the county may impose an annual property
40 tax assessment pursuant to section 39-2805, Idaho Code, and in accordance with
41 the provisions of sections 63-802 and 63-803, Idaho Code, for the term of the
42 disaster or emergency or until all expenses incurred during the disaster or
43 emergency have been recovered. Such fund shall be a revolving fund and all
44 moneys returned to the fund under any of the provisions of this chapter shall
45 continue to be available for the operation of the control program.
46 (3) The disaster or emergency declaration of a pest of public health and
47 welfare significance within a county and subsequent pest management activity
48 shall, except as provided herein, place the whole county into an interim
49 abatement district for administrative purposes for no more than two (2) years.
50 The transition of an interim abatement district into a formally defined abate-
51 ment district, shall be brought to a vote of the electorate within twenty-four
52 (24) months of the declaration, subject to the notification and establishment
53 requirements provided in this chapter and conducted during a general election
6
1 held on the first Tuesday following the first Monday in November of even num-
2 bered years, and if passed, the district shall be recognized and the provi-
3 sions of this chapter shall be implemented. If the measure fails, the balance
4 of revolving fund moneys shall be distributed as required by state law. In
5 the event the disaster or emergency exceeds the county's capacity or
6 resources, provisions should be made to request state or federal disaster or
7 emergency funds to address the evolving situation. If the interim abatement
8 district provides the same service as an existing abatement district, the
9 interim abatement district shall exclude any area within an existing abatement
10 district.
11 SECTION 11. That Chapter 28, Title 39, Idaho Code, be, and the same is
12 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
13 ignated as Section 39-2813, Idaho Code, and to read as follows:
14 39-2813. OPERATION OF ABATEMENT DISTRICTS BY COUNTY. Any district board
15 of trustees may seek operation of the district by the board of county commis-
16 sioners by adoption of a resolution by a majority vote of its members and by a
17 majority vote of the board of county commissioners. The board of county com-
18 missioners may provide by ordinance that the abatement district board of
19 trustees shall function as an advisory board to the board of county commis-
20 sioners. If such an ordinance is adopted, the board of county commissioners
21 shall retain and may exercise the powers, duties and responsibilities other-
22 wise charged to the abatement district board of trustees by the provisions of
23 this chapter. Any such ordinance shall set forth the powers, duties, responsi-
24 bilities, compensation, and terms of office of the abatement advisory board
25 and may provide for any such other rules under which the abatement advisory
26 board shall advise the board of county commissioners and conduct its opera-
27 tions. Any such ordinance may be repealed at any time and, if repealed, the
28 provisions of this chapter shall apply as if no such ordinance had been
29 adopted.
30 SECTION 12. 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 39-2814, Idaho Code, and to read as follows:
33 39-2814. SEVERABILITY. The provisions of this chapter are hereby declared
34 to be severable and if any provision of this chapter or the application of
35 such provision to any person or circumstance is declared invalid for any rea-
36 son, such declaration shall not affect the validity of the remaining portions
37 of this chapter.
38 SECTION 13. That Section 22-2508, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 22-2508. PUBLICATION OF REGISTERED BEEKEEPERS. The department shall make
41 available to any pesticide applicator registered with the department, mosquito
42 abatement or pest control district, or Uuniversity of Idaho county agricul-
43 tural extension office, a list of beekeepers registered with the department.
44 The list shall include the names and telephone numbers of the beekeepers, the
45 counties in which they keep bees, and any other information the department
46 deems necessary to assist in the prevention of accidental poisoning of honey-
47 bees.
48 SECTION 14. That Section 22-2811, Idaho Code, be, and the same is hereby
7
1 amended to read as follows:
2 22-2811. PUBLICATION OF REGISTERED BEEKEEPERS. The commission shall make
3 available to any pesticide applicator registered with the department, mosquito
4 abatement or pest control district, or university of Idaho county agricultural
5 extension office, a list of beekeepers registered with the commission. The
6 list shall include the names and telephone numbers of the beekeepers, the
7 counties in which they keep bees, and any other information the commission
8 deems necessary to assist in the prevention of accidental poisoning of honey-
9 bees.
10 SECTION 15. 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.
STATEMENT OF PURPOSE
RS 16867C1
This legislation updates the current statutes dealing with
abatement districts. It includes new definitions, provides for
non-contiguous areas, makes changes to the procedures for
formation of abatement districts, adds to powers of abatement
districts, provides for disasters and emergencies, and provides
for operation of the districts.
FISCAL IMPACT
There is no fiscal impact to the General Fund.
Contact
Name: Daniel Chadwick, Association of Counties
Phone: 345-9126
Rep. Darrell Bolz
Sen. Brad Little
STATEMENT OF PURPOSE/FISCAL NOTE H 178