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H0575...................................................by LOCAL GOVERNMENT
FIRE PROTECTION DISTRICT - Amends existing law to increase the daily
penalty from ten dollars to one hundred dollars for a violation; to provide
when the penalty shall be payable to the fire protection district which has
prosecuted the enforcement action; to authorize the legal action by the
attorney for a fire protection district when the enforcement action is
brought by the district; and to provide for the award of reasonable
attorney's fees and costs.
02/07 House intro - 1st rdg - to printing
02/08 Rpt prt - to Loc Gov
02/27 Rpt out - to Gen Ord
03/07 To Loc Gov
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 575
BY LOCAL GOVERNMENT COMMITTEE
1 AN ACT
2 RELATING TO THE STATE FIRE MARSHAL AND FIRE PROTECTION DISTRICTS; AMENDING
3 SECTION 41-261, IDAHO CODE, TO INCREASE THE DAILY PENALTY FROM TEN DOLLARS
4 TO ONE HUNDRED DOLLARS FOR FAILING TO COMPLY WITH AN ORDER, TO PROVIDE
5 WHEN THE PENALTY SHALL BE PAYABLE TO THE FIRE PROTECTION DISTRICT WHICH
6 HAS PROSECUTED THE ENFORCEMENT ACTION, TO AUTHORIZE A LEGAL ACTION BY THE
7 ATTORNEY FOR A FIRE PROTECTION DISTRICT WHEN THE ENFORCEMENT ACTION IS
8 BROUGHT BY THE DISTRICT AND TO PROVIDE FOR THE AWARD OF REASONABLE
9 ATTORNEY'S FEES AND COSTS.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 41-261, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 41-261. FAILURE TO COMPLY WITH ORDER OF REMEDY OR REMOVAL -- PENALTY --
14 CIVIL ACTION TO RECOVER PENALTY. Any owner or occupant failing to comply with
15 such order within thirty (30) days after said appeal has been determined, or,
16 if no appeal is taken, then within the time fixed in said order, shall be lia-
17 ble to a penalty of ten one hundred dollars ($10.00) for each day's neglect
18 thereafter,. When the enforcement action is brought by a fire protection dis-
19 trict under the authority of the state fire marshal, the penalty shall then be
20 payable to the fire protection district which has prosecuted the enforcement
21 action. When the enforcement action is brought by the office of the state fire
22 marshal, the penalty shall be payable to the state fire marshal, for deposit
23 in the arson, fire and fraud prevention account.
24 The penalty herein provided, if not then paid, may be recovered in an
25 action brought in any court of competent jurisdiction of the county where such
26 property is located, in the name of the state, under the direction of the
27 state fire marshal and/or any of the assistants herein designated, where such
28 property is located, or by an attorney specially designated therefor by the
29 attorney general or by the attorney for a fire protection district when the
30 enforcement action is brought by the district. The reasonable attorney's fees
31 and costs incurred in bringing any enforcement action, if any, shall be
32 awarded to the state or the fire protection district bringing the enforcement
33 action, in addition to the assessment of any penalty, and shall be paid in the
34 same manner as the penalty.
STATEMENT OF PURPOSE
RS 11867
The purpose of the proposed amendments is to enable the delegation
of enforcement actions by the state fire marshal to fire districts
throughout the state who are responsible for fire protection and
suppression, and to provide for the reimbursement of the cost of
enforcement by the offending party. The amendment increases the
daily penalty from $10 per day to $100 per day to encourage prompt
and immediate compliance with enforcement actions which are often
of urgent concern in order to protect lives and property
FISCAL IMPACT
The proposed amendments do not result in any increase in expenditures
from the general fund.
Contact
Name: Rep. Mary Lou Shepherd
Phone: 332-1130
STATEMENT OF PURPOSE/FISCAL NOTE H 575