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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 tenone 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