2002 Legislation
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HOUSE BILL NO. 573 – Fire protection comm, duties/powers

HOUSE BILL NO. 573

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Daily Data Tracking History



H0573...................................................by LOCAL GOVERNMENT
FIRE PROTECTION COMMISSION - Amends existing law to revise and clarify the
purposes of the fire protection district law; to provide that the board of
fire protection commissioners has the power to protect and preserve life,
health and property against fire and other calamities; and to provide that
a fire protection district has the power to exercise all powers and perform
all functions, not specifically prohibited by the general laws or the
Constitution of the State of Idaho, as may be necessary or convenient for
the purposes of the fire protection district law.
                                                                        
02/07    House intro - 1st rdg - to printing
02/08    Rpt prt - to Loc Gov

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 573
                                                                        
                               BY LOCAL GOVERNMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO FIRE PROTECTION DISTRICTS; AMENDING SECTION 31-1401,  IDAHO  CODE,
  3        TO  REVISE  AND  CLARIFY THE PURPOSES OF THE FIRE PROTECTION DISTRICT LAW;
  4        AND AMENDING SECTION 31-1415, IDAHO CODE, TO PROVIDE THAT  BOARD  OF  FIRE
  5        PROTECTION  COMMISSIONERS  SHALL  HAVE  THE  POWER TO PROTECT AND PRESERVE
  6        LIFE, HEALTH AND PROPERTY AGAINST FIRE AND OTHER  CALAMITIES,  TO  PROVIDE
  7        THAT  A  FIRE PROTECTION DISTRICT HAS THE POWER TO EXERCISE ALL POWERS AND
  8        PERFORM ALL FUNCTIONS AS ARE NOT SPECIFICALLY PROHIBITED  BY  THE  GENERAL
  9        LAWS OR THE CONSTITUTION OF THE STATE OF IDAHO AS MAY BE NECESSARY OR CON-
 10        VENIENT  FOR  THE PURPOSES OF THE FIRE PROTECTION DISTRICT LAW AND TO MAKE
 11        TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION 1.  That Section 31-1401, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:
                                                                        
 15        31-1401.  PURPOSE  AND POLICY OF LAW -- SHORT TITLE. The protection of and
 16    preservation of life, health and property against fire and the preservation of
 17    life other calamities, are hereby declared to be a  public  benefit,  use  and
 18    purpose.  Any  portion  of  a county not included in any other fire protection
 19    district may be organized into a fire protection district under the provisions
 20    of this chapter. All taxable property within any fire protection district cre-
 21    ated under the provisions of this chapter is and shall be benefited ratably in
 22    proportion to assessed valuation by the creation and maintenance of such  dis-
 23    trict,  and  all  taxable  property within any such district shall be assessed
 24    equally in proportion to its assessed valuation for  the  purpose  of  and  in
 25    accordance with the provisions of this chapter. This chapter shall be known as
 26    the  "Fire  Protection District Law," and whenever cited, enumerated, referred
 27    to or amended, may be designated as the "Fire Protection District Law," adding
 28    when necessary the code section number.
                                                                        
 29        SECTION 2.  That Section 31-1415, Idaho Code, be, and the same  is  hereby
 30    amended to read as follows:
                                                                        
 31        31-1415.  CORPORATE  POWERS AND DUTIES OF BOARD OF FIRE PROTECTION COMMIS-
 32    SIONERS.  In furtherance of the purposes of this chapter to protect  and  pre-
 33    serve  life, health and property against fire and other calamities, tThe board
 34    of fire protection commissioners shall have power to manage  and  conduct  the
 35    business and affairs of the district. Each fire protection district has power:
 36        1.  To sue and be sued.;
 37        2.  To purchase, hold, sell and convey real property, make such contracts,
 38    and  purchase, hold, sell and dispose of such personal property as may be nec-
 39    essary or convenient for the purposes of this act. chapter;
 40        3.  To levy and apply such taxes for purposes under its  exclusive  juris-
 41    diction as are authorized by law.;
                                                                        
                                           2
                                                                        
  1        4.  To make and execute all necessary contracts.;
  2        5.  To  exercise all powers and perform all functions, as are not specifi-
  3    cally prohibited by the general laws or  the  constitution  of  the  state  of
  4    Idaho,  as  may  be convenient and necessary for the purposes of this chapter;
  5    and
  6        6.  To adopt such rules as may be necessary to carry out their duties  and
  7    responsibilities.
                                                                        
  8        SECTION  3.  An  emergency  existing  therefor,  which emergency is hereby
  9    declared to exist, this act shall be in full force and effect on and after its
 10    passage and approval.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE
                          RS 11813

This legislation revises and clarifies the purposes of the Fire 
Protection District Law by declaring as a public benefit, the 
protection and preservation of life and health, in addition to 
property; includes other calamities in addition to protection 
against fire; and grants authority to exercise all powers and 
perform all functions not specifically prohibited by law that 
may be necessary to carry out the purposes of the Act.


                         FISCAL IMPACT


There is no fiscal impact.





Contact
Name:	Rep. Mary Lou Shepherd
Phone:	332-1130



STATEMENT OF PURPOSE/FISCAL NOTE		H 573