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H0233......................................................by LOCAL GOVERNMENT
FIRE PROTECTION DISTRICTS - Amends existing law to revise provisions relating
to the election of fire protection district commissioners.
02/11 House intro - 1st rdg - to printing
02/12 Rpt prt - to Loc Gov
02/21 Rpt out - rec d/p - to 2nd rdg
02/24 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 65-0-5
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
Jaquet, Jones, Kulczyk, Langford, Langhorst, Martinez, McGeachin,
McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould,
Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sayler, Schaefer,
Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,
Stevenson, Tilman, Wills, Wood
NAYS -- None
Absent and excused -- Kellogg, Lake, Sali, Trail, Mr. Speaker
Floor Sponsors - Shepherd & Naccarato
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Loc Gov
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Werk
Title apvd - to House
03/12 To enrol
03/13 Rpt enrol - Sp signed
03/14 Pres signed
03/17 To Governor
Governor signed
Session Law Chapter 90
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 233
BY LOCAL GOVERNMENT COMMITTEE
1 AN ACT
2 RELATING TO FIRE PROTECTION DISTRICTS; AMENDING SECTION 31-1410, IDAHO CODE,
3 TO REVISE PROVISIONS RELATING TO THE ELECTION OF FIRE PROTECTION DISTRICT
4 COMMISSIONERS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 31-1410, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 31-1410. ELECTION OF COMMISSIONERS. (1) On the first Tuesday following
9 the first Monday of November, following the organization of a fire protection
10 district, three (3) fire protection district commissioners shall be elected.
11 Every year thereafter, one (1) commissioner shall be elected, except for the
12 fourth year when no election of a fire commissioner shall occur. The board of
13 fire protection commissioners shall have power to make such regulations for
14 the conduct of such election as are consistent with the statutory provisions
15 of chapter 14, title 34, Idaho Code. At their meeting next preceding such
16 election, the board of fire protection commissioners shall divide the district
17 into three (3) subdistricts as nearly equal in population, area and mileage as
18 practicable, to be known as fire protection commissioners subdistricts one
19 (1), two (2) and three (3). Thereafter, at the January meeting of the board of
20 fire protection commissioners preceding any regularly scheduled election, such
21 subdistricts shall be revised but, of the commissioners comprising the board,
22 not more than one (1) commissioner shall be an elector of the same fire pro-
23 tection commissioners subdistrict. The revision of subdistricts shall not dis-
24 qualify any elected commissioner from the completion of the term for which he
25 or she has been duly elected. At the first election following organization of
26 a fire protection district the commissioner from fire protection subdistrict
27 one (1) shall be elected to a term of one (1) year, the commissioner from sub-
28 district two (2) shall be elected to a term of two (2) years, and the commis-
29 sioner from fire protection subdistrict three (3) shall be elected to a term
30 of three (3) years; thereafter the term of office of all commissioners shall
31 be four (4) years. Such elections and all other elections held under this law,
32 shall be held in conformity with the general laws of the state including chap-
33 ter 14, title 34, Idaho Code.
34 (2) Upon the unanimous agreement of the existing board of commissioners,
35 a fire protection district whose terms and elections were established by prior
36 law may elect to convert to the election of commissioners as provided in sub-
37 section (1) of this section. The conversion process shall occur in the follow-
38 ing manner: the commissioner representing subdistrict one (1) shall be elected
39 to a four (4) year term upon the expiration of the existing term; the commis-
40 sioner representing subdistrict two (2) shall be elected to a four (4) year
41 term upon expiration of the existing term; and the commissioner representing
42 subdistrict three (3) shall serve one (1) additional year of the existing term
43 and shall then be elected to a four (4) year term. Every year thereafter one
2
1 (1) commissioner shall be elected A fire district may adopt any conversion
2 schedule reflecting the intent of the schedule provided in subsection (1) of
3 this section, so long as one (1) commissioner is elected each year, except for
4 the fourth year when no election shall be held. The conversion schedule shall
5 not result in the extension of the term of office of any commissioner serving
6 at the time of the conversion.
7 (3) In any election for fire protection district commissioner, if after
8 the deadline for filing a declaration of intent as a write-in candidate, it
9 appears that only one (1) qualified candidate has been nominated for a sub-
10 district to be filled, it shall not be necessary for the candidate of that
11 subdistrict to stand for election, and the board of the fire protection dis-
12 trict shall declare such candidate elected as commissioner, and the secretary
13 of the district shall immediately make and deliver to such person a certifi-
14 cate of election.
15 The results of any election for fire protection district commissioner
16 shall be certified to the county clerk of the county or counties in which the
17 district is located.
STATEMENT OF PURPOSE
RS 12926
The purpose of this legislation is to revise provisions in the
Idaho Code relating to the election of fire protection district
commissioners. The existing language for conversion to the
election schedule set forth in the Idaho Code has been unworkable
for some districts which were formed under prior law. This
revision is intended to accommodate those districts.
FISCAL IMPACT
There is no fiscal impact to the general fund.
Contact
Name: Rep Mary Lou Shepherd
Phone: 332-1130
Rep Mike Naccarato
332-1130
STATEMENT OF PURPOSE/FISCAL NOTE H 23