Read the full stored bill text
LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
554
BY
LOCAL
GOVERNMENT
COMMITTEE
AN
ACT
1
RELATING
TO
ABATEMENT
DISTRICTS;
AMENDING
SECTION
39
-
2804,
IDAHO
CODE,
2
TO
REVISE
PROVISIONS
REGARDING
THE
POWERS
AND
DUTIES
OF
ABATEMENT
3
DISTRICTS;
AMENDING
SECTION
39
-
2812,
IDAHO
CODE,
TO
ESTABLISH
PROVI
-
4
SIONS
REGARDING
AERIAL
ABATEMENT
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
5
AMENDING
CHAPTER
28,
TITLE
39,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
6
SECTION
39
-
2814,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
ALLOWING
INDI
-
7
VIDUAL
LANDOWNERS
TO
OPT
OUT
OF
ABATEMENT
ACTIVITIES;
AMENDING
SECTION
8
39
-
2814,
IDAHO
CODE,
TO
REDESIGNATE
THE
SECTION;
AND
DECLARING
AN
EMER
-
9
GENCY.
10
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
1
1
SECTION
1.
That
Section
39
-
2804,
Idaho
Code,
be,
and
the
same
is
hereby
12
amended
to
read
as
follows:
13
39
-
2804.
POWERS
AND
DUTIES
OF
ABATEMENT
DISTRICTS.
(1)
The
abatement
14
district
board
of
trustees
is
authorized:
15
(1)
(a)
To
appoint
a
director
to
direct
the
activities
of
the
district,
16
in
accordance
with
training
and
experience
necessary
to
fulfill
the
du
-
17
ties
of
the
position
.
;
18
(2)
(b)
To
appoint
such
other
persons
as
necessary,
determine
their
du
-
19
ties
and
compensation,
and
make
rules
and
regulations
respecting
them
.
;
20
(3)
To
take
all
necessary
and
proper
steps
for
the
control
of
mosquitoes
21
and
other
vermin
of
public
health
and
welfare
importance
in
the
district
and
22
for
these
purposes
shall
have
the
right
to
enter
upon
any
and
all
lands.
23
(4)
(c)
To
sue
and
be
sued
.
;
24
(5)
(d)
To
contract
to
purchase,
hold,
dispose
of,
and
acquire
by
gift
25
real
and
personal
property
in
the
name
of
the
district
.
To
exercise
the
26
right
of
eminent
domain
and
for
these
purposes
to
condemn
any
necessary
27
land
or
rights
-
of
-
way
in
accordance
with
general
law.
;
28
(6)
(e)
To
abate
as
nuisance
breeding
places
of
mosquitoes
or
other
29
vermin
of
public
health
and
welfare
importance
within
the
district
or
30
within
migrating
distance
of
the
district
by
use
of
chemicals
or
per
-
31
manent
control
measures
and
in
this
connection
have
the
right
to
enter
32
upon
any
and
all
lands.
;
33
(7)
(f)
To
work
with
the
lateral
ditch
water
users
associations,
ir
-
34
rigation,
drainage
and
flood
control
districts
and
other
cooperating
35
organizations.
The
board
of
trustees
of
the
abatement
district
may
36
supplement
funds
of
cooperating
organizations
for
improvement,
repair,
37
maintenance
,
and
cleaning
of
ditches
which
that
will
temporarily
or
38
permanently
eliminate
mosquito
breeding
or
for
other
activities
which
39
that
will
benefit
the
district
.
;
40
(8)
(g)
To
file
annually
with
the
board
of
county
commissioners
for
41
their
approval
an
estimate
of
funds
required
for
the
next
year,
a
plan
42
2
of
the
work
to
be
done,
and
methods
to
be
employed.
No
procedure,
work
,
1
or
contract
for
any
year
of
operation
shall
be
done
or
entered
upon
into
2
until
plans
and
budget
have
been
jointly
approved
by
the
board
of
county
3
commissioners
.
;
4
(9)
(h)
To
file,
annually
or
by
February
1
of
the
succeeding
year,
with
5
the
board
of
county
commissioners
a
report
setting
forth
the
moneys
ex
-
6
pended
during
the
previous
year,
methods
employed,
and
work
accomplish
-
7
ments
.
;
and
8
(10)
To
approve
a
written
mosquito
or
other
vermin
management
plan
9
submitted
by
a
landowner
requesting
that
their
property
be
excluded
from
10
treatment
by
the
abatement
district.
Such
plan
must
be
specific
to
the
1
1
landowner's
property,
provide
adequate
control
measures,
and
be
implemented
12
by
the
landowner.
The
abatement
district
shall
refrain
from
treatment
of
13
property
included
in
the
approved
plan,
but
shall
maintain
monitoring
and
14
surveillance
activities.
If
the
landowner
fails
to
follow
the
plan
or
does
15
not
provide
adequate
control
measures,
the
abatement
district
may
abate
the
16
mosquitoes
or
other
vermin.
17
(11)
(i)
To
cooperate
with
other
entities.
At
its
discretion,
a
dis
-
18
trict
may
cooperate
with
and
enter
into
annual
agreements
or
contract
19
with
governmental
agencies
of
this
state,
other
states,
agencies
of
the
20
federal
government,
private
associations,
and
private
individuals
in
21
order
to
carry
out
the
purposes
and
provisions
of
this
chapter.
22
(2)
The
abatement
district
board
of
trustees
shall
obtain
written
23
permission
annually
from
a
landowner
before
entering
or
flying
above
the
24
landowner's
property
to
conduct
abatement
-
related
activities,
including
25
treating
the
property
aerially
or
by
ground
and
monitoring
and
surveilling
26
the
property,
regardless
of
whether
an
emergency
has
been
declared
pursuant
27
to
section
39
-
2812,
Idaho
Code.
28
SECTION
2.
That
Section
39
-
2812,
Idaho
Code,
be,
and
the
same
is
hereby
29
amended
to
read
as
follows:
30
39
-
2812.
PESTS
-
-
PUBLIC
HEALTH
AND
WELFARE
-
-
DISASTERS
-
-
EMERGEN
-
31
CIES
-
-
INTERIM
ABATEMENT
DISTRICTS.
(1)
To
provide
for
the
timely
response
32
to
an
elevated
or
anticipated
pest
population
that
may
constitute
a
risk
33
to
public
health
and
welfare,
the
board
of
county
commissioners
of
each
34
county
of
this
state,
in
collaboration
with
duly
recognized
local
and
state
35
officials,
and
after
a
public
hearing
is
called
for
such
purpose
as
a
spe
-
36
cial
meeting
pursuant
to
the
provisions
of
section
74
-
204(2),
Idaho
Code,
37
is
hereby
granted
full
power
and
authority
to
declare
such
pests
as
public
38
health
and
welfare
pests,
and
to
initiate
activities
to
hinder
in
the
poten
-
39
tial
spread
of
disease,
or
adverse
economic
impact,
caused
by
these
pests
by
40
taking
appropriate
steps
to
intervene
in
the
natural
biological
cycle
of
the
41
pests
or
disease.
42
(2)
Boards
of
county
commissioners
are
further
authorized
and
empow
-
43
ered,
in
the
event
of
a
disaster
or
emergency
declared
by
such
boards,
to
44
make
direct
appropriations
for
the
purpose
of
controlling
public
health
and
45
welfare
pests
as
declared
pursuant
to
this
section.
All
moneys
raised
by
46
direct
appropriation
shall
be
placed
in
a
county
public
health
and
welfare
47
pest
fund,
which
shall
be
used
exclusively
for
the
control
of
pests
of
public
48
health
and
welfare
significance
and
for
payment
of
all
necessary
expenses
49
3
incurred
in
such
control
program.
In
addition,
the
county
may
impose
an
an
-
1
nual
property
tax
assessment
pursuant
to
section
39
-
2805,
Idaho
Code,
and
2
in
accordance
with
the
provisions
of
sections
63
-
802
and
63
-
803,
Idaho
Code,
3
for
the
term
of
the
disaster
or
emergency
or
until
all
expenses
incurred
dur
-
4
ing
the
disaster
or
emergency
have
been
recovered.
Such
fund
shall
be
a
re
-
5
volving
fund
and
all
moneys
returned
to
the
fund
under
any
of
the
provisions
6
of
this
chapter
shall
continue
to
be
available
for
the
operation
of
the
con
-
7
trol
program.
8
(3)
The
disaster
or
emergency
declaration
of
a
pest
of
public
health
9
and
welfare
significance
within
a
county
and
subsequent
pest
management
10
activity
shall,
except
as
provided
herein,
place
the
whole
county
into
an
1
1
interim
abatement
district
for
administrative
purposes
for
no
more
than
two
12
(2)
years.
The
transition
of
an
interim
abatement
district
into
a
formally
13
defined
abatement
district
,
shall
be
brought
to
a
vote
of
the
electorate
14
within
twenty
-
four
(24)
months
of
the
declaration,
subject
to
the
notifica
-
15
tion
and
establishment
requirements
provided
in
this
chapter
,
and
conducted
16
during
a
general
election
held
on
the
first
Tuesday
following
the
first
Mon
-
17
day
in
November
of
even
-
numbered
years,
and
if
passed,
the
district
shall
be
18
recognized
and
the
provisions
of
this
chapter
shall
be
implemented.
If
the
19
measure
fails,
the
balance
of
revolving
fund
moneys
shall
be
distributed
as
20
required
by
state
law.
In
the
event
the
disaster
or
emergency
exceeds
the
21
county's
capacity
or
resources,
provisions
should
be
made
to
request
state
22
or
federal
disaster
or
emergency
funds
to
address
the
evolving
situation.
23
If
the
interim
abatement
district
provides
the
same
service
as
an
existing
24
abatement
district,
the
interim
abatement
district
shall
exclude
any
area
25
within
an
existing
abatement
district.
26
(4)
Aerial
abatement
methods
shall
be
used
within
an
abatement
district
27
only
when
the
respective
board
of
county
commissioners
has
declared
an
emer
-
28
gency.
In
such
cases,
aerial
abatement
methods
shall
be
used
only
to
treat
29
property
within
the
abatement
district
that
has
not
been
exempted
pursuant
30
to
section
39
-
2814,
Idaho
Code.
31
SECTION
3.
That
Chapter
28,
Title
39,
Idaho
Code,
be,
and
the
same
is
32
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
33
ignated
as
Section
39
-
2814,
Idaho
Code,
and
to
read
as
follows:
34
39
-
2814.
PARTICIPATION
IN
ABATEMENT
DISTRICTS
BY
PROPERTY
OWNERS.
(1)
35
An
individual
who
owns
property
within
an
abatement
district
may
submit
a
36
written
notice
that
includes
the
physical
address
of
the
property
to
the
37
board
of
county
commissioners
for
the
county
in
which
the
property
is
located
38
requesting
that
the
property
be
exempted
from
any
and
all
abatement
-
related
39
activities.
The
notice
shall
remain
in
effect
until
the
owner
of
the
prop
-
40
erty
rescinds
the
notice
in
writing.
41
(2)
Upon
receiving
such
written
request,
the
board
of
county
commis
-
42
sioners
shall
notify
every
abatement
district
within
the
state
of
Idaho
that
43
the
property
is
exempted
from
abatement
-
related
activities,
and
the
dis
-
44
tricts
and
county
shall
strictly
adhere
to
the
requested
exemption.
45
(3)(a)
In
the
event
that
abatement
related
-
activities
occurs
on,
over,
46
or
above
an
exempted
property,
the
owner
may:
47
(i)
Submit
evidence
of
the
violation
to
the
respective
board
of
48
county
commissioners;
and
49
4
(ii)
Initiate
a
civil
action
against
the
respective
board
of
1
county
commissioners
and
abatement
district.
2
(b)
If
a
court
determines
a
violation
occurred:
3
(i)
The
board
of
county
commissioners
shall
be
subject
to
a
five
4
thousand
dollar
($5,000)
fine
for
each
violation,
which
shall
be
5
paid
to
the
aggrieved
owner;
and
6
(ii)
The
court
shall
award
reasonable
attorney's
fees
and
costs
to
7
the
prevailing
party.
8
SECTION
4.
That
Section
39
-
2814,
Idaho
Code,
be,
and
the
same
is
hereby
9
amended
to
read
as
follows:
10
39
-
2814
39
-
2815
.
SEVERABILITY.
The
provisions
of
this
chapter
are
1
1
hereby
declared
to
be
severable
and
if
any
provision
of
this
chapter
or
the
12
application
of
such
provision
to
any
person
or
circumstance
is
declared
in
-
13
valid
for
any
reason,
such
declaration
shall
not
affect
the
validity
of
the
14
remaining
portions
of
this
chapter.
15
SECTION
5.
An
emergency
existing
therefor,
which
emergency
is
hereby
16
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
17
passage
and
approval.
18