Amends and adds to existing law to revise provisions regarding abatement districts and to provide for optional participation.

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 ACT1 RELATING TO ABATEMENT DISTRICTS; AMENDING SECTION 39-2804, IDAHO CODE,2 TO REVISE PROVISIONS REGARDING THE POWERS AND DUTIES OF ABATEMENT3 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 NEW6 SECTION 39-2814, IDAHO CODE, TO ESTABLISH PROVISIONS ALLOWING INDI-7 VIDUAL LANDOWNERS TO OPT OUT OF ABATEMENT ACTIVITIES; AMENDING SECTION8 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:11

SECTION 1. That Section 39-2804, Idaho Code, be, and the same is hereby12 amended to read as follows:13 39-2804. POWERS AND DUTIES OF ABATEMENT DISTRICTS. (1) The abatement14 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 mosquitoes21 and other vermin of public health and welfare importance in the district and22 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 gift25 real and personal property in the name of the district. To exercise the26 right of eminent domain and for these purposes to condemn any necessary27 land or rights-of-way in accordance with general law.;28 (6) (e) To abate as nuisance breeding places of mosquitoes or other29 vermin of public health and welfare importance within the district or30 within migrating distance of the district by use of chemicals or per-31 manent control measures and in this connection have the right to enter32 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 cooperating35 organizations. The board of trustees of the abatement district may36 supplement funds of cooperating organizations for improvement, repair,37 maintenance, and cleaning of ditches which that will temporarily or38 permanently eliminate mosquito breeding or for other activities which39 that will benefit the district.;40 (8) (g) To file annually with the board of county commissioners for41 their approval an estimate of funds required for the next year, a plan42

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 into2 until plans and budget have been jointly approved by the board of county3 commissioners.;4 (9) (h) To file, annually or by February 1 of the succeeding year, with5 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.; and8 (10) To approve a written mosquito or other vermin management plan9 submitted by a landowner requesting that their property be excluded from10 treatment by the abatement district. Such plan must be specific to the11 landowner's property, provide adequate control measures, and be implemented12 by the landowner. The abatement district shall refrain from treatment of13 property included in the approved plan, but shall maintain monitoring and14 surveillance activities. If the landowner fails to follow the plan or does15 not provide adequate control measures, the abatement district may abate the16 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 contract19 with governmental agencies of this state, other states, agencies of the20 federal government, private associations, and private individuals in21 order to carry out the purposes and provisions of this chapter.22 (2) The abatement district board of trustees shall obtain written23 permission annually from a landowner before entering or flying above the24 landowner's property to conduct abatement-related activities, including25 treating the property aerially or by ground and monitoring and surveilling26 the property, regardless of whether an emergency has been declared pursuant27 to section 39-2812, Idaho Code.28

SECTION 2. That Section 39-2812, Idaho Code, be, and the same is hereby29 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 response32 to an elevated or anticipated pest population that may constitute a risk33 to public health and welfare, the board of county commissioners of each34 county of this state, in collaboration with duly recognized local and state35 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 public38 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 by40 taking appropriate steps to intervene in the natural biological cycle of the41 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, to44 make direct appropriations for the purpose of controlling public health and45 welfare pests as declared pursuant to this section. All moneys raised by46 direct appropriation shall be placed in a county public health and welfare47 pest fund, which shall be used exclusively for the control of pests of public48 health and welfare significance and for payment of all necessary expenses49

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, and2 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 provisions6 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 health9 and welfare significance within a county and subsequent pest management10 activity shall, except as provided herein, place the whole county into an11 interim abatement district for administrative purposes for no more than two12 (2) years. The transition of an interim abatement district into a formally13 defined abatement district, shall be brought to a vote of the electorate14 within twenty-four (24) months of the declaration, subject to the notifica-15 tion and establishment requirements provided in this chapter, and conducted16 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 be18 recognized and the provisions of this chapter shall be implemented. If the19 measure fails, the balance of revolving fund moneys shall be distributed as20 required by state law. In the event the disaster or emergency exceeds the21 county's capacity or resources, provisions should be made to request state22 or federal disaster or emergency funds to address the evolving situation.23 If the interim abatement district provides the same service as an existing24 abatement district, the interim abatement district shall exclude any area25 within an existing abatement district.26 (4) Aerial abatement methods shall be used within an abatement district27 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 treat29 property within the abatement district that has not been exempted pursuant30 to section 39-2814, Idaho Code.31

SECTION 3. That Chapter 28, Title 39, Idaho Code, be, and the same is32 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 a36 written notice that includes the physical address of the property to the37 board of county commissioners for the county in which the property is located38 requesting that the property be exempted from any and all abatement-related39 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 that43 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 of48 county commissioners; and49

4 (ii) Initiate a civil action against the respective board of1 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 five4 thousand dollar ($5,000) fine for each violation, which shall be5 paid to the aggrieved owner; and6 (ii) The court shall award reasonable attorney's fees and costs to7 the prevailing party.8

SECTION 4. That Section 39-2814, Idaho Code, be, and the same is hereby9 amended to read as follows:10 39-2814 39-2815. SEVERABILITY. The provisions of this chapter are11 hereby declared to be severable and if any provision of this chapter or the12 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 the14 remaining portions of this chapter.15

SECTION 5. An emergency existing therefor, which emergency is hereby16 declared to exist, this act shall be in full force and effect on and after its17 passage and approval.18