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H0694...................................................by LOCAL GOVERNMENT
FIRE PROTECTION DISTRICT - Amends and adds to existing law to authorize the
board of commissioners of a fire protection district to expand from three
to five members; to provide that if that happens and the district
encompasses more than one county, not more than three members shall be from
one county, to provide for subdistricts; and to provide for a five member
board upon consolidation of fire protection districts.
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
03/03 3rd rdg - PASSED - 67-0-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck,
Jaquet, Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton,
Kendell, Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley,
McKague, Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy,
Reynolds, Richman, Ridinger, Sali, Schaefer, Stevenson, Stoicheff,
Stone, Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler,
Zimmermann
NAYS -- None
Absent and excused -- Robison, Wood, Mr Speaker
Floor Sponsor - Clark
Title apvd - to Senate
03/04 Senate intro - 1st rdg - to Loc Gov
03/10 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/18 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Hansen
Floor Sponsor - 34-0-1
Title apvd - to House
03/19 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 190
Effective: 07/01/98
H0694|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 694 BY LOCAL GOVERNMENT COMMITTEE 1 AN ACT 2 RELATING TO FIRE PROTECTION DISTRICTS; AMENDING SECTION 31-1408, IDAHO CODE, 3 TO PROVIDE IF A BOARD IS COMPRISED OF FIVE MEMBERS THAT NOT MORE THAN 4 THREE OF THE COMMISSIONERS SHALL BE FROM THE SAME COUNTY; AMENDING CHAPTER 5 14, TITLE 31, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 31-1408A, IDAHO 6 CODE, TO PROVIDE THAT SUBSEQUENT TO THE CREATION OF A FIRE PROTECTION DIS- 7 TRICT AND THE APPOINTMENT OF THE FIRST BOARD OF FIRE PROTECTION COMMIS- 8 SIONERS, THE FIRE PROTECTION BOARD MAY BY A MAJORITY VOTE OF ALL OF THE 9 FIRE PROTECTION BOARD MEMBERS ELECT TO INCREASE THE SIZE OF THE BOARD TO 10 FIVE MEMBERS, TO PROVIDE FOR TERMS AND TO PROVIDE FOR SUBDISTRICTS; AMEND- 11 ING SECTION 31-1410, IDAHO CODE, TO PROVIDE AT THE JANUARY MEETING OF THE 12 BOARD OF FIRE PROTECTION COMMISSIONERS PRECEDING ANY REGULARLY SCHEDULED 13 ELECTION, THE SUBDISTRICTS SHALL BE REVISED AND TO PROVIDE THAT THE REVI- 14 SION OF SUBDISTRICTS SHALL NOT DISQUALIFY ANY ELECTED COMMISSIONER FROM 15 THE COMPETITION OF THE TERM FOR WHICH HE OR SHE HAS BEEN DULY ELECTED; AND 16 AMENDING SECTION 31-1411A, IDAHO CODE, TO PROVIDE IF FIVE MEMBERS ARE ON 17 THE BOARD OF THE FIRE PROTECTION DISTRICT, TO PROVIDE FOR TERMS AND TO 18 MAKE TECHNICAL CORRECTIONS. 19 Be It Enacted by the Legislature of the State of Idaho: 20 SECTION 1. That Section 31-1408, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 31-1408. FIRE PROTECTION BOARD -- APPOINTMENT OF COMMISSIONERS -- OATH. 23 There shall be three (3) fire protection commissioners in each district, who 24 shall constitute the fire protection board. The first fire protection commis- 25 sioners of such fire protection district shall be appointed by the governor. 26 The certificate of such appointment shall be made in triplicate; one (1) cer- 27 tificate shall be filed in the office of the county recorder of the county; 28 one (1) with the clerk of the board of county commissioners, and one (1) with 29 the assessor and tax collector of the county. Every fire protection commis- 30 sioner shall take and subscribe the official oath, which oath shall be filed 31 in the office of the board of fire protection commissioners. If the district 32 is situated in two (2) or more counties, not more than two (2) of the fire 33 protection district commissioners shall be from the same county , unless 34 the board is comprised of five (5) members, in which event not more than three 35 (3) of the commissioners shall be from the same county . 36 SECTION 2. That Chapter 14, Title 31, Idaho Code, be, and the same is 37 hereby amended by the addition thereto of a NEW SECTION , to be 38 known and designated as Section 31-1408A, Idaho Code, and to read as follows: 39 31-1408A. DECISION TO INCREASE THE SIZE OF THE BOARD. Subsequent to the 40 creation of a fire protection district and the appointment of the first board 41 of fire protection commissioners, the fire protection board may, by a majority 2 1 vote of all of the fire protection district board members elect to increase 2 the size of the board to five (5) members. 3 If the board of fire protection commissioners elect to expand the board to 4 five (5) members, the existing board members shall subdivide the district into 5 five (5) subdivisions as nearly equal in population, area and mileage as prac- 6 ticable to be known as subdistricts one, two, three, four and five. 7 At the first election following the decision of the board of fire protec- 8 tion commissioners to expand the board from three (3) to five (5) members, 9 five (5) commissioners shall be elected. Commissioners from fire protection 10 subdistricts one, three and five shall be elected for terms of four (4) years 11 and the commissioners from subdistricts two (2) and four (4) shall be elected 12 for a term of two (2) years. Thereafter, the term of all commissioners shall 13 be four (4) years. 14 SECTION 3. That Section 31-1410, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 31-1410. ELECTION OF COMMISSIONERS. On the first Tuesday following the 17 first Monday of November, following the organization of a fire protection dis- 18 trict, three (3) fire protection district commissioners shall be elected. 19 Every alternate year thereafter, one (1) or two (2) commissioners shall be 20 elected in the manner following: The board of fire protection commissioners 21 shall have power to make such regulations for the conduct of such election as 22 are consistent with the statutory provisions of chapter 14, title 34, Idaho 23 Code. At their meeting next preceding such election, the board of fire protec- 24 tion commissioners shall divide the district into three (3)subdivisions25subdistricts as nearly equal in population, area and mile- 26 age as practicable, to be known as fire protection commissioners subdistricts 27 one, two and three. Thereafter , at the January meeting of the board of 28 fire protection commissioners preceding any regularly scheduled election, 29 suchsubdivisions maysubdistricts shall be 30 revised but, of the commissioners comprising the board, not more than one (1) 31 commissioner shall be an elector of the same fire protection commissioners 32 subdistrict. The revision of subdistricts shall not disqualify any 33 elected commissioner from the completion of the term for which he or she has 34 been duly elected. At the first election following organization of a 35 fire protection district commissioners from fire protection subdistricts one 36 and two shall be elected for terms of four (4) years, and the commissioner 37 from fire protection subdistrict three shall be elected for a term of two (2) 38 years; thereafter the term of office of all commissioners shall be four (4) 39 years. Such elections and all other elections held under this law, shall be 40 held in conformity with the general laws of the state including chapter 14, 41 title 34, Idaho Code. 42 In any election for fire protection district commissioner, if after the 43 deadline for filing a declaration of intent as a write-in candidate, it 44 appears that only one (1) qualified candidate has been nominated for a subdis- 45 trict to be filled, it shall not be necessary for the candidate of that sub- 46 district to stand for election, and the board of the fire protection district 47 shall declare such candidate elected as commissioner, and the secretary of the 48 district shall immediately make and deliver to such person a certificate of 49 election. 50 The results of any election for fire protection district commissioner 51 shall be certified to the county clerk of the county or counties in which the 52 district is located. 3 1 SECTION 4. That Section 31-1411A, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 31-1411A. CONSOLIDATION OF DISTRICTS -- HEARING -- PROTEST -- ELECTION. 4 Any fire protection district may consolidate with one (1) or more existing 5 fire protection districts subject to the following procedure, or pursuant to 6 an election for consolidation as provided in section 31-1411B, Idaho Code, and 7 with the following effects: 8 (a) If, in the opinion of the board of any fire protection district, it 9 would be to the advantage of said district to consolidate with one (1) or more 10 other existing fire protection districts, the said board shall cause to be 11 prepared an agreement for consolidation which shall among other things pro- 12 vide: 13 (1) The name of the proposed consolidated fire protection district. 14 (2) That all property of the districts to be consolidated shall become 15 the property of the consolidated district. 16 (3) That all debts of the districts to be consolidated shall become the 17 debts of the consolidated district. 18 (4) That the existing commissioners of the districts to be consolidated 19 shall be the commissioners of the consolidated district until the next 20 election, said election to be held pursuant to the terms of section 21 31-1410, Idaho Code, at which three (3) commissioners shall be 22 elected., unless the agreement of consolidation estab- 23 lishes a five (5) member board, in which case five (5) commissioners shall 24 be elected. If the board consists of three (3) members,C25ommissioners from fire protection subdistricts one(1)26 and two(2)shall be elected for terms of four (4) years, and 27 the commissioner from fire protection subdistrict three(3)28 shall be elected for a term of two (2) years. If the board consists 29 of five (5) commissioners, commissioners from fire protection subdistricts 30 one, three and five shall be elected for terms of four (4) years, and the 31 commissioners from fire protection subdistricts two and four shall be 32 elected for an initial term of two (2) years. Thereafter the term of all 33 commissioners shall be four (4) years. 34 (5) That the employees of the consolidated fire protection district shall 35 be selected from the employees of the fire protection districts being con- 36 solidated, which employees shall retain the seniority rights under their 37 existing employment contracts. 38 (b) After approval of said agreement of consolidation by each of the fire 39 protection district boards involved, the boards of commissioners of each fire 40 protection district shall hold a hearing not less than ten (10) or more than 41 thirty (30) days thereafter, and shall cause notice of said hearing, designat- 42 ing the time and place, to be published in at least one (1) issue of a news- 43 paper of general circulation within the district not less than five (5) days 44 prior to such hearing. Any person supporting or objecting to such petition 45 shall be heard at such meeting, if in attendance, and at the close of such 46 hearing said board shall approve or reject the agreement of consolidation. If 47 each board approves the agreement of consolidation, the agreement shall become 48 effective and the consolidation of said district complete thirty (30) days 49 after such approval unless within such thirty (30) days a petition signed by 50 five per cent (5%) of the qualified electors of one of the fire protection 51 districts objecting to such consolidation be filed with the secretary of such 52 district. In the event of such objection, election shall be held as provided 53 in section 31-1405, Idaho Code, except that the question shall be 54 "consolidation of .... fire protection district, yes", or "consolidation of 4 1 .... fire protection district, no", or words equivalent thereto. If more than 2 one-half (1/2) of the votes cast are yes, the agreement shall become effec- 3 tive. If more than one-half (1/2) of the votes cast are no, the agreement 4 shall be void and of no effect; and no new consolidation shall be proposed for 5 at least six (6) months following the date of the consolidation election. 6 (c) Upon the agreement of consolidation becoming effective, the board of 7 the consolidated fire protection district shall file a certified copy of the 8 agreement with the county recorder of each county in which such district is 9 situated, and shall comply with the provisions of section 63-215, Idaho Code. 10 The consolidated district shall thereafter have the same rights and obliga- 11 tions as any other fire protection district organized under the statutes of 12 this state.
STATEMENT OF PURPOSE
RS 08010
The purpose of these amendments is to allow the boards of
fire protection commissioners to increase their size from
three (3) to five (5) members, at the option of the boards, to
provide better representation in districts where there has
occurred rapid growth, or an increase in size due to
annexation or consolidation of districts.
FISCAL NOTE
The compensation for additional board members would be
paid from the treasury of the district, with no impact on the
general fund.
CONTACT:
Charles B Lempesis
1-800-644-4529
STATEMENT OF PURPOSE/FISCAL NOTE
H 694