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. 960 BY WAYS AND MEANS COMMITTEE AN ACT1 RELATING TO ABATEMENT DISTRICTS; AMENDING SECTION 39-2804, IDAHO CODE, TO2 REVISE PROVISIONS REGARDING THE POWERS AND DUTIES OF ABATEMENT DIS-3 TRICTS; AMENDING SECTION 39-2812, IDAHO CODE, TO ESTABLISH PROVISIONS4 REGARDING AERIAL ABATEMENT AND TO MAKE TECHNICAL CORRECTIONS; AMEND-5 ING CHAPTER 28, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION6 39-2814, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING PARTICIPATION7 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 hereby11 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, in15 accordance with training and experience necessary to fulfill the duties of16 the position.;17 (2) To appoint such other persons as necessary, determine their duties18 and compensation, and make rules and regulations respecting them.;19 (3) To take all necessary and proper steps for the control of mosquitoes20 and other vermin of public health and welfare importance in the district and21 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 real24 and personal property in the name of the district. To exercise the right25 of eminent domain and for these purposes to condemn any necessary land or26 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 within29 migrating distance of the district by use of chemicals or permanent control30 measures and in this connection have the right to enter upon on any and all31 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 supplement35 funds of cooperating organizations for improvement, repair, maintenance,36 and cleaning of ditches which that will temporarily or permanently eliminate37 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 their40 approval an estimate of funds required for the next year, a plan of the work41 to be done, and methods to be employed. No procedure, work, or contract for42

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 the3 board of county commissioners a report setting forth the moneys expended4 during the previous year, methods employed, and work accomplishments.; and5 (10) To approve a written mosquito or other vermin management plan6 submitted by a landowner requesting that their property be excluded from7 treatment by the abatement district. Such plan must be specific to the8 landowner's property, provide adequate control measures, and be implemented9 by the landowner. The abatement district shall refrain from treatment of10 property included in the approved plan, but shall maintain monitoring and11 surveillance activities. If the landowner fails to follow the plan or does12 not provide adequate control measures, the abatement district may abate the13 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 with16 governmental agencies of this state, other states, agencies of the federal17 government, private associations, and private individuals in order to carry18 out the purposes and provisions of this chapter.19

SECTION 2. That Section 39-2812, Idaho Code, be, and the same is hereby20 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 response23 to an elevated or anticipated pest population that may constitute a risk24 to public health and welfare, the board of county commissioners of each25 county of this state, in collaboration with duly recognized local and state26 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 public29 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 by31 taking appropriate steps to intervene in the natural biological cycle of the32 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, to35 make direct appropriations for the purpose of controlling public health and36 welfare pests as declared pursuant to this section. All moneys raised by37 direct appropriation shall be placed in a county public health and welfare38 pest fund, which shall be used exclusively for the control of pests of public39 health and welfare significance and for payment of all necessary expenses40 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, and42 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 provisions46 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 health1 and welfare significance within a county and subsequent pest management2 activity shall, except as provided herein, place the whole county into an3 interim abatement district for administrative purposes for no more than two4 (2) years. The transition of an interim abatement district into a formally5 defined abatement district, shall be brought to a vote of the electorate6 within twenty-four (24) months of the declaration, subject to the notifica-7 tion and establishment requirements provided in this chapter, and conducted8 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 be10 recognized and the provisions of this chapter shall be implemented. If the11 measure fails, the balance of revolving fund moneys shall be distributed as12 required by state law. In the event the disaster or emergency exceeds the13 county's capacity or resources, provisions should be made to request state14 or federal disaster or emergency funds to address the evolving situation.15 If the interim abatement district provides the same service as an existing16 abatement district, the interim abatement district shall exclude any area17 within an existing abatement district.18 (4) Aerial abatement methods shall be used to deploy adulticides within19 an abatement district only when the respective board of county commissioners20 has declared a health emergency. In such cases, aerial adulticide abatement21 methods may be used only to treat property within the abatement district that22 has not been exempted pursuant to section 39-2814, Idaho Code, to the best of23 the abatement applicator's ability.24 (a) The restriction provided by this subsection shall not apply to25 aerial abatement methods deploying a larvicide on properties that have26 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 district31 shall publish notice.32 (a) Such notice shall be published on the district's and the county's33 website, if such entities have websites, and shall:34 (i) Describe the abatement activity, location, and methods to be35 used;36 (ii) Disclose all possible products authorized for use during the37 abatement season; and38 (iii) Provide information on how to opt out of abatement-related39 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 to42 a specific place where they can obtain more information regarding the43 abatement activity, location, products, and opt-out.44

SECTION 3. That Chapter 28, Title 39, Idaho Code, be, and the same is45 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 a49

4 written notice that includes the physical address of the property to the1 board of county commissioners for the county in which the property is located2 requesting that the property be exempted from any and all abatement-related3 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, the7 owner may:8 (i) Submit evidence of the violation to the respective abatement9 district; and10 (ii) Initiate a civil action against the respective abatement11 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 the15 aggrieved owner; and16 (ii) The court shall award reasonable attorney's fees and costs to17 the prevailing party.18

SECTION 4. That Section 39-2814, Idaho Code, be, and the same is hereby19 amended to read as follows:20 39-2814 39-2815. SEVERABILITY. The provisions of this chapter are21 hereby declared to be severable and if any provision of this chapter or the22 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 the24 remaining portions of this chapter.25

SECTION 5. An emergency existing therefor, which emergency is hereby26 declared to exist, this act shall be in full force and effect on and after its27 passage and approval.28