View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
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
|||| 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
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