2002 Legislation
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HOUSE BILL NO. 575 – Fire dist ordr, fail to cmply/pnlty

HOUSE BILL NO. 575

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                    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