1999 Legislation
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HOUSE BILL NO. 294 – Fire dist comm, elections

HOUSE BILL NO. 294

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Daily Data Tracking History



H0294...............................................by REVENUE AND TAXATION
FIRE DISTRICTS - Amends existing law to provide for election of fire
protection district commissioners every year for three years, with no
election to be held in the fourth year; to provide for elections following
organization of a fire protection district; and to provide for conversion
to the revised election process by an existing fire protection district.

02/23    House intro - 1st rdg - to printing
02/24    Rpt prt - to Loc Gov
03/05    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 67-0-3
      AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
      Black, Boe, Bruneel, Callister, Campbell, Chase, Clark, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
      Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford,
      Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
      Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone,
      Taylor, Tilman, Tippets, Watson, Wheeler, Williams, Wood, Zimmermann,
      Mr Speaker
      NAYS -- None
      Absent and excused -- Crow, Gould, Trail
    Floor Sponsor - Watson
    Title apvd - to Senate
03/10    Senate intro - 1st rdg - to Loc Gov
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
    Rules susp - FAILED - 11-21-3
      AYES--Andreason, Bunderson, Danielson, Dunklin, Risch, Schroeder,
      Sorensen, Stegner, Stennett, Thorne, Wheeler
      NAYS--Boatright, Branch, Burtenshaw, Cameron, Crow, Davis, Deide,
      Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King, Lee,
      McLaughlin, Noh, Richardson, Sandy, Twiggs, Whitworth
      Absent and excused--Darrington, Parry, Riggs
    Floor Sponsor - Bunderson
    Filed with Chief Clerk

Bill Text


H0294


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 294

                            BY REVENUE AND TAXATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO THE ELECTION OF  COMMISSIONERS  OF  A  FIRE  PROTECTION  DISTRICT;
 3        AMENDING  SECTION  31-1410, IDAHO CODE, TO PROVIDE FOR ELECTION OF COMMIS-
 4        SIONERS EVERY YEAR FOR THREE YEARS WITH NO ELECTION  TO  BE  HELD  IN  THE
 5        FOURTH  YEAR,  TO  PROVIDE  FOR ELECTIONS FOLLOWING ORGANIZATION OF A FIRE
 6        PROTECTION DISTRICT AND TO PROVIDE FOR CONVERSION TO THE REVISED  ELECTION
 7        PROCESS BY AN EXISTING FIRE PROTECTION DISTRICT.

 8    Be It Enacted by the Legislature of the State of Idaho:

 9        SECTION  1.  That  Section 31-1410, Idaho Code, be, and the same is hereby
10    amended to read as follows:

11        31-1410.  ELECTION OF COMMISSIONERS.  (1)  On the first Tuesday
12    following the first Monday of November, following the organization of  a  fire
13    protection district, three (3) fire protection district commissioners shall be
14    elected.  Every    alternate  year thereafter, one (1)  or two
15    (2)  commissioner s  shall be elected ,    in
16    the manner following:   except for the fourth year when no election
17    of  a  fire commissioner shall occur.  The board of fire protection com-
18    missioners shall have power to make such regulations for the conduct  of  such
19    election  as are consistent with the statutory provisions of chapter 14, title
20    34, Idaho Code. At their meeting next preceding such election,  the  board  of
21    fire protection commissioners shall divide the district into three (3) subdis-
22    tricts  as  nearly equal in population, area and mileage as practicable, to be
23    known as fire protection commissioners subdistricts one  (1) ,  two
24      (2)  and three  (3) . Thereafter, at the January meet-
25    ing of the board of fire  protection  commissioners  preceding  any  regularly
26    scheduled election, such subdistricts shall be revised but, of the commission-
27    ers comprising the board, not more than one (1) commissioner shall be an elec-
28    tor  of  the  same  fire protection commissioners subdistrict. The revision of
29    subdistricts shall not disqualify any elected commissioner from the completion
30    of the term for which he or she has been duly elected.  At the first  election
31    following  organization  of  a  fire  protection  district    the  
32    commissioner  s  from fire protection subdistrict s  one
33     (1) shall be elected to a term of one (1) year,  the  commissioner  from
34    subdistrict      and    two  (2)  shall be elected
35     for   to a  term s   of    four  
36      two    ( 4  2 ) years, and the commissioner
37    from fire protection subdistrict three    (3)    shall  be  elected
38      for      to  a  term of   two    three
39     ( 2  3 ) years; thereafter the term of office  of
40    all  commissioners shall be four (4) years. Such elections and all other elec-
41    tions held under this law, shall be held in conformity with the  general  laws
42    of the state including chapter 14, title 34, Idaho Code.
43          (2)  Upon  the unanimous agreement of the existing board of commis-


                                          2

 1    sioners, a fire protection district may elect to convert to  the  election  of
 2    commissioners  as  provided  in subsection (1) of this section. The conversion
 3    process shall occur in the following  manner:  the  commissioner  representing
 4    subdistrict one (1)  shall be elected to a four (4) year term upon the expira-
 5    tion  of  the existing term; the commissioner representing subdistrict two (2)
 6    shall be elected to a four (4) year term upon expiration of the existing term;
 7    and the commissioner representing subdistrict three (3) shall  serve  one  (1)
 8    additional  year  of the existing term and shall then be elected to a four (4)
 9    year term. Every year thereafter one (1) commissioner shall be elected, except
10    for the fourth year when no election shall be held.
11        (3)   In any election for fire protection district commissioner,  if
12    after the deadline for filing a declaration of intent as a write-in candidate,
13    it appears that only one (1) qualified candidate has been nominated for a sub-
14    district  to  be  filled,  it shall not be necessary for the candidate of that
15    subdistrict to stand for election, and the board of the fire  protection  dis-
16    trict  shall declare such candidate elected as commissioner, and the secretary
17    of the district shall immediately make and deliver to such person  a  certifi-
18    cate of election.
19        The  results  of  any  election  for fire protection district commissioner
20    shall be certified to the county clerk of the county or counties in which  the
21    district is located.

Statement of Purpose / Fiscal Impact


                         STATEMENT OF PURPOSE
                                   
                                RS09079
 
This legislation provides for election of commissioners every year
for three years with no election to be held in the fourth year; to
provide for elections following organization of a fire protection
district and to provide for conversion to the revised election
process by an existing fire protection district.



                              FISCAL NOTE

There would be no fiscal impact to the general account.












CONTACT: Rep. Hilde Kellogg
                                                                         332-1000

STATEMENT OF PURPOSE/ FISCAL NOTE          Bill No.H 294