HOUSE BILL NO. 686

View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and Underline. Text to be removed has been marked with Strikethrough and Italic. How these codes are actually displayed will vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating text to be removed.

Bill Status



H0686...................................................by LOCAL GOVERNMENT
FIRE MARSHAL ORDERS - Amends existing law to increase the penalty for
owners or occupants failing to comply with orders of the state fire marshal
for remedy or removal; to designate the entities to which penalties shall
be payable; to provide that penalties may be recovered in certain civil
enforcement actions under the direction of attorneys for fire districts;
and to provide for the award and payment of reasonable attorney's fees and
costs.
                                                                        
02/13    House intro - 1st rdg - to printing
02/16    Rpt prt - to Loc Gov
02/25    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 51-17-2
      AYES -- Andersen, Barraclough, Bauer, Bell, Black, Boe, Bolz,
      Bradford, Cannon, Collins, Crow, Cuddy, Deal, Douglas, Eberle,
      Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,
      Henbest, Jaquet, Jones, Kellogg, Langford, Langhorst, Martinez,
      McGeachin, Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart,
      Raybould, Ridinger, Ringo, Roberts, Robison, Rydalch, Sayler,
      Schaefer, Shepherd, Skippen, Smith(30), Smylie, Snodgrass, Stevenson,
      Trail(Bennett), Wills, Mr. Speaker
      NAYS -- Barrett, Bayer, Bedke, Block, Campbell, Clark, Denney,
      Gagner, Harwood, Kulczyk, Lake, McKague, Meyer, Moyle, Sali,
      Smith(24), Wood
      Absent and excused -- Ring, Shirley
    Floor Sponsor - Shepherd
    Title apvd - to Senate
03/02    Senate intro - 1st rdg - to Jud
03/09    Rpt out - rec d/p - to 2nd rdg
03/10    2nd rdg - to 3rd rdg
03/18    3rd rdg - PASSED - 26-2-7
      AYES -- Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta,
      Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Kennedy,
      Keough, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh,
      Stegner, Stennett, Sweet, Werk
      NAYS -- Little, Pearce
      Absent and excused -- Andreason, Cameron, Ingram, Richardson,
      Schroeder, Sorensen, Williams
    Floor Sponsor - Marley
    Title apvd - to House
03/19    To enrol - Rpt enrol - Sp signed - Pres signed
03/22    To Governor
03/23    Governor signed
         Session Law Chapter 266
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 686
                                                                        
                               BY LOCAL GOVERNMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ORDERS OF THE STATE FIRE MARSHAL FOR REMEDY OR  REMOVAL;  AMENDING
  3        SECTION  41-261,  IDAHO  CODE, TO INCREASE THE PENALTY FOR OWNERS OR OCCU-
  4        PANTS FAILING TO COMPLY WITH ORDERS FOR REMEDY OR  REMOVAL,  TO  DESIGNATE
  5        THE  ENTITIES  TO WHICH PENALTIES SHALL BE PAYABLE, TO PROVIDE THAT PENAL-
  6        TIES MAY BE RECOVERED IN  CERTAIN  CIVIL  ENFORCEMENT  ACTIONS  UNDER  THE
  7        DIRECTION OF ATTORNEYS FOR FIRE DISTRICTS AND TO PROVIDE FOR THE AWARD AND
  8        PAYMENT OF REASONABLE ATTORNEY'S FEES AND COSTS.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section  41-261, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        41-261.  FAILURE TO COMPLY WITH ORDER OF REMEDY OR REMOVAL --  PENALTY  --
 13    CIVIL  ACTION TO RECOVER PENALTY. Any owner or occupant failing to comply with
 14    such order within thirty (30) days after said appeal has been determined,  or,
 15    if no appeal is taken, then within the time fixed in said order, shall be lia-
 16    ble  to  a  penalty  of: ten dollars ($10.00) for each day's neglect beginning
 17    with the first day through the seventh day; fifty dollars ($50.00) per day  on
 18    the  eighth  through the thirtieth day; and one hundred dollars ($100) per day
 19    on the thirty-first day and each day thereafter,. In the event  such  enforce-
 20    ment  action  is  brought by the office of the state fire marshal, the penalty
 21    shall be payable to the state fire marshal, for deposit in the arson, fire and
 22    fraud prevention account. In the event such enforcement action is brought by a
 23    fire district under the authority of the state fire marshal, the penalty shall
 24    then be payable to the fire district  which  has  prosecuted  the  enforcement
 25    action.
 26        The  penalty  herein  provided,  if  not then paid, may be recovered in an
 27    action brought in any court of competent jurisdiction of the county where such
 28    property is located, in the name of the state,  under  the  direction  of  the
 29    state  fire marshal and/or any of the assistants herein designated, where such
 30    property is located, or by an attorney specially designated  therefor  by  the
 31    attorney  general,  or  by  the attorney for a fire district in the event such
 32    enforcement action is brought by the district. The reasonable attorney's  fees
 33    and  costs  incurred in bringing any such enforcement action, if any, shall be
 34    awarded to the state or the fire district bringing the enforcement  action  in
 35    addition  to the assessment of any penalty, and shall be paid in the same man-
 36    ner as the penalty. If the court determines that the  enforcement  action  has
 37    been  brought  frivolously or without reasonable cause, the court may award to
 38    the owner or occupant who is the subject of the enforcement action  such  rea-
 39    sonable  attorney's fees and costs of the defense or appeal of the enforcement
 40    action as the court determines is fair and just.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 13872C1

     The purpose of this legislation is to amend Section 41-261,
Idaho Code to increase the penalty for owners or occupants
failing to comply with orders for remedy or removal, to designate
the entities to which penalties shall be payable, to provide that
penalties may be recovered in certain civil enforcement actions
under the direction of attorneys for fire districts and to
provide for the award and payment of reasonable attorney's fees
and costs.
                          FISCAL IMPACT

     There is no fiscal impact to the state general fund.



Contact
Name: Representative Shepherd 
Phone: 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                    H 686