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H0639...................................................by LOCAL GOVERNMENT
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.
02/21 House intro - 1st rdg - to printing
02/22 Rpt prt - to Loc Gov
03/03 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 62-1-7
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Chase, Cheirrett, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd,
Kellogg, Kempton, Kendell, Kunz, Linford, Loertscher, Mader, Marley,
McKague, Mortensen, Moss, Pearce, Pischner, Pomeroy, Reynolds,
Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Wheeler,
Zimmermann, Mr Speaker
NAYS -- Moyle
Absent and excused -- Campbell, Hansen(29), Lake, Meyer, Montgomery,
Trail, Wood
Floor Sponsor - Shepherd
Title apvd - to Senate
03/13 Senate intro - 1st rdg - to Loc Gov
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/30 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Bunderson
Title apvd - to House
03/31 To enrol
04/03 Rpt enrol - Sp signed
04/04 Pres signed - to Governor
04/14 Governor signed
Session Law Chapter 336
Effective: 07/01/00
H0639
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 639
BY LOCAL GOVERNMENT 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 following
12 the first Monday of November, following the organization of a fire protection
13 district, three (3) fire protection district commissioners shall be elected.
14 Every alternate year thereafter, one (1) or two (2) commissioners shall be
15 elected, in the manner following: except for the fourth year when no election
16 of a fire commissioner shall occur. The board of fire protection commissioners
17 shall have power to make such regulations for the conduct of such election as
18 are consistent with the statutory provisions of chapter 14, title 34, Idaho
19 Code. At their meeting next preceding such election, the board of fire protec-
20 tion commissioners shall divide the district into three (3) subdistricts as
21 nearly equal in population, area and mileage as practicable, to be known as
22 fire protection commissioners subdistricts one (1), two (2) and three (3).
23 Thereafter, at the January meeting of the board of fire protection commission-
24 ers preceding any regularly scheduled election, such subdistricts shall be
25 revised but, of the commissioners comprising the board, not more than one (1)
26 commissioner shall be an elector of the same fire protection commissioners
27 subdistrict. The revision of subdistricts shall not disqualify any elected
28 commissioner from the completion of the term for which he or she has been duly
29 elected. At the first election following organization of a fire protection
30 district the commissioners from fire protection subdistricts one (1) shall be
31 elected to a term of one (1) year, the commissioner from subdistrict and two
32 (2) shall be elected for to a terms of four two (42) years, and the commis-
33 sioner from fire protection subdistrict three (3) shall be elected for to a
34 term of two three (23) years; thereafter the term of office of all commission-
35 ers shall be four (4) years. Such elections and all other elections held under
36 this law, shall be held in conformity with the general laws of the state
37 including chapter 14, title 34, Idaho Code.
38 (2) Upon the unanimous agreement of the existing board of commissioners,
39 a fire protection district may elect to convert to the election of commission-
40 ers as provided in subsection (1) of this section. The conversion process
41 shall occur in the following manner: the commissioner representing subdistrict
42 one (1) shall be elected to a four (4) year term upon the expiration of the
43 existing term; the commissioner representing subdistrict two (2) shall be
2
1 elected to a four (4) year term upon expiration of the existing term; and the
2 commissioner representing subdistrict three (3) shall serve one (1) additional
3 year of the existing term and shall then be elected to a four (4) year term.
4 Every year thereafter one (1) commissioner shall be elected, except for the
5 fourth year when no election shall be held.
6 (3) In any election for fire protection district commissioner, if after
7 the deadline for filing a declaration of intent as a write-in candidate, it
8 appears that only one (1) qualified candidate has been nominated for a subdis-
9 trict to be filled, it shall not be necessary for the candidate of that sub-
10 district to stand for election, and the board of the fire protection district
11 shall declare such candidate elected as commissioner, and the secretary of the
12 district shall immediately make and deliver to such person a certificate of
13 election.
14 The results of any election for fire protection district commissioner
15 shall be certified to the county clerk of the county or counties in which the
16 district is located.
STATEMENT OF PURPOSE
RS 10054
This legislation provides for the election of commissioners each year for three
years, with no election to be held in the fourth year; provides for elections
following organization of a fire district; and provides for conversion to a revised
election process by an existing district. Its purpose is to create stability for long
term planning for fire protection and suppression services, and encourages
members of the public to serve as a commissioner where candidates for office are
frequently unavailable. This bill does not affect any aspect of the existing term
limitation laws, which do not apply to fire district elections.
FISCAL IMPACT
There is no fiscal impact to the general account. All other fiscal impacts are
negligible or non-existent.
Contact
Name: Charles Lempesis
Phone: (208) 777-8815
STATEMENT OF PURPOSE/FISCAL NOTE H 639