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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
H0294|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN 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. Everyalternateyear thereafter, one (1)or two15(2)commissionersshall be elected ,in16the 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 commissionersfrom fire protection subdistrictsone 33 (1) shall be elected to a term of one (1) year, the commissioner from 34 subdistrictandtwo (2) shall be elected 35forto a termsoffour36 two (42 ) years, and the commissioner 37 from fire protection subdistrict three (3) shall be elected 38forto a term oftwothree 39 (23 ) 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
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