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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
960
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
ABATEMENT
DISTRICTS;
AMENDING
SECTION
39
-
2804,
IDAHO
CODE,
TO
2
REVISE
PROVISIONS
REGARDING
THE
POWERS
AND
DUTIES
OF
ABATEMENT
DIS
-
3
TRICTS;
AMENDING
SECTION
39
-
2812,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
4
REGARDING
AERIAL
ABATEMENT
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AMEND
-
5
ING
CHAPTER
28,
TITLE
39,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
6
39
-
2814,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
PARTICIPATION
7
IN
ABATEMENT
DISTRICTS
BY
PROPERTY
OWNERS;
AMENDING
SECTION
39
-
2814,
8
IDAHO
CODE,
TO
REDESIGNATE
THE
SECTION;
AND
DECLARING
AN
EMERGENCY.
9
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
10
SECTION
1.
That
Section
39
-
2804,
Idaho
Code,
be,
and
the
same
is
hereby
1
1
amended
to
read
as
follows:
12
39
-
2804.
POWERS
AND
DUTIES
OF
ABATEMENT
DISTRICTS.
The
abatement
dis
-
13
trict
board
of
trustees
is
authorized:
14
(1)
To
appoint
a
director
to
direct
the
activities
of
the
district,
in
15
accordance
with
training
and
experience
necessary
to
fulfill
the
duties
of
16
the
position
.
;
17
(2)
To
appoint
such
other
persons
as
necessary,
determine
their
duties
18
and
compensation,
and
make
rules
and
regulations
respecting
them
.
;
19
(3)
To
take
all
necessary
and
proper
steps
for
the
control
of
mosquitoes
20
and
other
vermin
of
public
health
and
welfare
importance
in
the
district
and
21
for
these
purposes
shall
have
the
right
to
enter
upon
any
and
all
lands.
;
22
(4)
To
sue
and
be
sued
.
;
23
(5)
To
contract
to
purchase,
hold,
dispose
of,
and
acquire
by
gift
real
24
and
personal
property
in
the
name
of
the
district
.
To
exercise
the
right
25
of
eminent
domain
and
for
these
purposes
to
condemn
any
necessary
land
or
26
rights
-
of
-
way
in
accordance
with
general
law.
;
27
(6)
To
abate
as
nuisance
breeding
places
of
mosquitoes
or
other
ver
-
28
min
of
public
health
and
welfare
importance
within
the
district
or
within
29
migrating
distance
of
the
district
by
use
of
chemicals
or
permanent
control
30
measures
and
in
this
connection
have
the
right
to
enter
upon
on
any
and
all
31
public
lands
.
;
32
(7)
To
work
with
the
lateral
ditch
water
users
associations,
irriga
-
33
tion,
drainage
and
flood
control
districts
and
other
cooperating
organi
-
34
zations.
The
board
of
trustees
of
the
abatement
district
may
supplement
35
funds
of
cooperating
organizations
for
improvement,
repair,
maintenance
,
36
and
cleaning
of
ditches
which
that
will
temporarily
or
permanently
eliminate
37
mosquito
breeding
or
for
other
activities
which
that
will
benefit
the
dis
-
38
trict
.
;
39
(8)
To
file
annually
with
the
board
of
county
commissioners
for
their
40
approval
an
estimate
of
funds
required
for
the
next
year,
a
plan
of
the
work
41
to
be
done,
and
methods
to
be
employed.
No
procedure,
work
,
or
contract
for
42
2
any
year
of
operation
shall
be
done
or
entered
upon
into
until
plans
and
bud
-
1
get
have
been
jointly
approved
by
the
board
of
county
commissioners
.
;
2
(9)
To
file,
annually
or
by
February
1
of
the
succeeding
year,
with
the
3
board
of
county
commissioners
a
report
setting
forth
the
moneys
expended
4
during
the
previous
year,
methods
employed,
and
work
accomplishments
.
;
and
5
(10)
To
approve
a
written
mosquito
or
other
vermin
management
plan
6
submitted
by
a
landowner
requesting
that
their
property
be
excluded
from
7
treatment
by
the
abatement
district.
Such
plan
must
be
specific
to
the
8
landowner's
property,
provide
adequate
control
measures,
and
be
implemented
9
by
the
landowner.
The
abatement
district
shall
refrain
from
treatment
of
10
property
included
in
the
approved
plan,
but
shall
maintain
monitoring
and
1
1
surveillance
activities.
If
the
landowner
fails
to
follow
the
plan
or
does
12
not
provide
adequate
control
measures,
the
abatement
district
may
abate
the
13
mosquitoes
or
other
vermin.
14
(11)
(10)
To
cooperate
with
other
entities.
At
its
discretion,
a
dis
-
15
trict
may
cooperate
with
and
enter
into
annual
agreements
or
contract
with
16
governmental
agencies
of
this
state,
other
states,
agencies
of
the
federal
17
government,
private
associations,
and
private
individuals
in
order
to
carry
18
out
the
purposes
and
provisions
of
this
chapter.
19
SECTION
2.
That
Section
39
-
2812,
Idaho
Code,
be,
and
the
same
is
hereby
20
amended
to
read
as
follows:
21
39
-
2812.
PESTS
-
-
PUBLIC
HEALTH
AND
WELFARE
-
-
DISASTERS
-
-
EMERGEN
-
22
CIES
-
-
INTERIM
ABATEMENT
DISTRICTS.
(1)
To
provide
for
the
timely
response
23
to
an
elevated
or
anticipated
pest
population
that
may
constitute
a
risk
24
to
public
health
and
welfare,
the
board
of
county
commissioners
of
each
25
county
of
this
state,
in
collaboration
with
duly
recognized
local
and
state
26
officials,
and
after
a
public
hearing
is
called
for
such
purpose
as
a
spe
-
27
cial
meeting
pursuant
to
the
provisions
of
section
74
-
204(2),
Idaho
Code,
28
is
hereby
granted
full
power
and
authority
to
declare
such
pests
as
public
29
health
and
welfare
pests,
and
to
initiate
activities
to
hinder
in
the
poten
-
30
tial
spread
of
disease,
or
adverse
economic
impact,
caused
by
these
pests
by
31
taking
appropriate
steps
to
intervene
in
the
natural
biological
cycle
of
the
32
pests
or
disease.
33
(2)
Boards
of
county
commissioners
are
further
authorized
and
empow
-
34
ered,
in
the
event
of
a
disaster
or
emergency
declared
by
such
boards,
to
35
make
direct
appropriations
for
the
purpose
of
controlling
public
health
and
36
welfare
pests
as
declared
pursuant
to
this
section.
All
moneys
raised
by
37
direct
appropriation
shall
be
placed
in
a
county
public
health
and
welfare
38
pest
fund,
which
shall
be
used
exclusively
for
the
control
of
pests
of
public
39
health
and
welfare
significance
and
for
payment
of
all
necessary
expenses
40
incurred
in
such
control
program.
In
addition,
the
county
may
impose
an
an
-
41
nual
property
tax
assessment
pursuant
to
section
39
-
2805,
Idaho
Code,
and
42
in
accordance
with
the
provisions
of
sections
63
-
802
and
63
-
803,
Idaho
Code,
43
for
the
term
of
the
disaster
or
emergency
or
until
all
expenses
incurred
dur
-
44
ing
the
disaster
or
emergency
have
been
recovered.
Such
fund
shall
be
a
re
-
45
volving
fund
and
all
moneys
returned
to
the
fund
under
any
of
the
provisions
46
of
this
chapter
shall
continue
to
be
available
for
the
operation
of
the
con
-
47
trol
program.
48
3
(3)
The
disaster
or
emergency
declaration
of
a
pest
of
public
health
1
and
welfare
significance
within
a
county
and
subsequent
pest
management
2
activity
shall,
except
as
provided
herein,
place
the
whole
county
into
an
3
interim
abatement
district
for
administrative
purposes
for
no
more
than
two
4
(2)
years.
The
transition
of
an
interim
abatement
district
into
a
formally
5
defined
abatement
district
,
shall
be
brought
to
a
vote
of
the
electorate
6
within
twenty
-
four
(24)
months
of
the
declaration,
subject
to
the
notifica
-
7
tion
and
establishment
requirements
provided
in
this
chapter
,
and
conducted
8
during
a
general
election
held
on
the
first
Tuesday
following
the
first
Mon
-
9
day
in
November
of
even
-
numbered
years,
and
if
passed,
the
district
shall
be
10
recognized
and
the
provisions
of
this
chapter
shall
be
implemented.
If
the
1
1
measure
fails,
the
balance
of
revolving
fund
moneys
shall
be
distributed
as
12
required
by
state
law.
In
the
event
the
disaster
or
emergency
exceeds
the
13
county's
capacity
or
resources,
provisions
should
be
made
to
request
state
14
or
federal
disaster
or
emergency
funds
to
address
the
evolving
situation.
15
If
the
interim
abatement
district
provides
the
same
service
as
an
existing
16
abatement
district,
the
interim
abatement
district
shall
exclude
any
area
17
within
an
existing
abatement
district.
18
(4)
Aerial
abatement
methods
shall
be
used
to
deploy
adulticides
within
19
an
abatement
district
only
when
the
respective
board
of
county
commissioners
20
has
declared
a
health
emergency.
In
such
cases,
aerial
adulticide
abatement
21
methods
may
be
used
only
to
treat
property
within
the
abatement
district
that
22
has
not
been
exempted
pursuant
to
section
39
-
2814,
Idaho
Code,
to
the
best
of
23
the
abatement
applicator's
ability.
24
(a)
The
restriction
provided
by
this
subsection
shall
not
apply
to
25
aerial
abatement
methods
deploying
a
larvicide
on
properties
that
have
26
not
been
excluded.
27
(b)
For
the
purposes
of
this
subsection,
"aerial
abatement
methods"
28
means
abatement
using
planes,
drones,
or
similar
apparatuses.
29
(5)
At
least
ten
(10)
days
prior
to
the
start
of
any
abatement
activi
-
30
ties
for
the
year,
unless
an
emergency
is
declared,
the
abatement
district
31
shall
publish
notice.
32
(a)
Such
notice
shall
be
published
on
the
district's
and
the
county's
33
website,
if
such
entities
have
websites,
and
shall:
34
(i)
Describe
the
abatement
activity,
location,
and
methods
to
be
35
used;
36
(ii)
Disclose
all
possible
products
authorized
for
use
during
the
37
abatement
season;
and
38
(iii)
Provide
information
on
how
to
opt
out
of
abatement
-
related
39
activities.
40
(b)
Notice
shall
also
be
published
in
a
newspaper
of
general
circu
-
41
lation
within
the
district
directing
individuals
to
the
website
or
to
42
a
specific
place
where
they
can
obtain
more
information
regarding
the
43
abatement
activity,
location,
products,
and
opt
-
out.
44
SECTION
3.
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.
PARTICIPATION
IN
ABATEMENT
DISTRICTS
BY
PROPERTY
OWNERS.
(1)
48
An
individual
who
owns
property
within
an
abatement
district
may
submit
a
49
4
written
notice
that
includes
the
physical
address
of
the
property
to
the
1
board
of
county
commissioners
for
the
county
in
which
the
property
is
located
2
requesting
that
the
property
be
exempted
from
any
and
all
abatement
-
related
3
activities.
The
notice
shall
remain
in
effect
until
the
owner
of
the
prop
-
4
erty
rescinds
the
notice
in
writing.
5
(2)(a)
In
the
event
that
a
government
agent
knowingly
allows
abatement
-
6
related
activities
to
occur
on,
over,
or
above
an
exempted
property,
the
7
owner
may:
8
(i)
Submit
evidence
of
the
violation
to
the
respective
abatement
9
district;
and
10
(ii)
Initiate
a
civil
action
against
the
respective
abatement
1
1
district.
12
(b)
If
a
court
determines
that
a
violation
of
this
chapter
occurred:
13
(i)
The
abatement
district
shall
be
subject
to
a
one
thousand
dol
-
14
lar
($1,000)
fine
for
each
violation,
which
shall
be
paid
to
the
15
aggrieved
owner;
and
16
(ii)
The
court
shall
award
reasonable
attorney's
fees
and
costs
to
17
the
prevailing
party.
18
SECTION
4.
That
Section
39
-
2814,
Idaho
Code,
be,
and
the
same
is
hereby
19
amended
to
read
as
follows:
20
39
-
2814
39
-
2815
.
SEVERABILITY.
The
provisions
of
this
chapter
are
21
hereby
declared
to
be
severable
and
if
any
provision
of
this
chapter
or
the
22
application
of
such
provision
to
any
person
or
circumstance
is
declared
in
-
23
valid
for
any
reason,
such
declaration
shall
not
affect
the
validity
of
the
24
remaining
portions
of
this
chapter.
25
SECTION
5.
An
emergency
existing
therefor,
which
emergency
is
hereby
26
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
27
passage
and
approval.
28