2003 Legislation
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SENATE BILL NO. 1107 – Fire protectin dist, powers/duties

SENATE BILL NO. 1107

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Daily Data Tracking History



S1107.........................................by LOCAL GOVERNMENT AND TAXATION
FIRE PROTECTION DISTRICTS - Amends existing law to revise corporate powers and
duties of the board of fire protection commissioners; to revise procedures for
the handling of fire protection district funds; and to provide duties of the
board of county commissioners when a vacancy occurs in the board of
commissioners of a fire protection district.
                                                                        
02/10    Senate intro - 1st rdg - to printing
02/11    Rpt prt - to Loc Gov

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1107
                                                                        
                         BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO FIRE PROTECTION DISTRICTS; AMENDING SECTION 31-1415,  IDAHO  CODE,
  3        TO REVISE CORPORATE POWERS AND DUTIES OF THE BOARD OF FIRE PROTECTION COM-
  4        MISSIONERS  AND  TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 31-1423,
  5        IDAHO CODE, TO REVISE PROCEDURES OF HOW FIRE PROTECTION DISTRICT FUNDS ARE
  6        HANDLED; AND AMENDING SECTION 31-1421, IDAHO CODE, TO  PROVIDE  DUTIES  OF
  7        THE  BOARD  OF COUNTY COMMISSIONERS WHENEVER A VACANCY OCCURS ON THE BOARD
  8        OF COMMISSIONERS OF A FIRE PROTECTION DISTRICT.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Section 31-1415, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
                                                                        
 12        31-1415.  CORPORATE  POWERS AND DUTIES OF BOARD OF FIRE PROTECTION COMMIS-
 13    SIONERS. The board of fire protection commissioners shall have power to manage
 14    and conduct the business and affairs of the  district.  Each  fire  protection
 15    district has power:
 16        1.  To sue and be sued.
 17        2.  To purchase, and hold, sell and convey real property only as necessary
 18    to  equip facilities to allow the district to carry out its governmental func-
 19    tion under this chapter, make such contracts, and  purchase,  hold,  sell  and
 20    dispose  of  such  personal property as may be necessary or convenient for the
 21    purposes of this act chapter. The board of fire protection  commissioners  may
 22    sell  real  property if it declares such real property surplus to the needs of
 23    the district and if it substantially complies with the  procedures  enumerated
 24    in section 31-808, Idaho Code, as if the district were a county.
 25        3.  To  levy  and apply such taxes for purposes under its exclusive juris-
 26    diction as are authorized by law.
 27        4.  To make and execute all necessary contracts and to retain legal  coun-
 28    sel.
 29        5.  To  adopt such rules as may be necessary to carry out their duties and
 30    responsibilities.
 31        6.  To compensate its fire protection commissioners at the rate equivalent
 32    to that contained in section 59-509(h), Idaho Code, for each day the board  of
 33    commissioners has a meeting with a quorum on official business.
                                                                        
 34        SECTION  2.  That  Section 31-1423, Idaho Code, be, and the same is hereby
 35    amended to read as follows:
                                                                        
 36        31-1423.  HANDLING OF DISTRICT FUNDS. Such funds shall immediately be paid
 37    over by the county treasurer to the treasurer of the fire protection district,
 38    who shall deposit the same in a bank and be handled in the  manner  prescribed
 39    by the state public depository law and all in chapter 1, title 57, Idaho Code.
 40    Oother  funds received, by or on behalf of the district, shall be deposited by
 41    the treasurer to the credit of the district fund in a manner  consistent  with
                                                                        
                                           2
                                                                        
  1    this section and chapter 1, title 57, Idaho Code, and shall be drawn only upon
  2    voucher  and by check bearing the signature of the treasurer and countersigned
  3    by the president of such district, or  upon  resolution  of  the  board,  such
  4    checks  may be signed by a designated representative who has been bonded in an
  5    amount deemed appropriate by the board.
                                                                        
  6        SECTION 3.  That Section 31-1421, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        31-1421.  DUTIES  OF COUNTY COMMISSIONERS. (1) The board of county commis-
  9    sioners, at the time of making the annual county levies,  shall  make  a  levy
 10    upon  all  the  taxable property not exempt from taxation within each district
 11    within the county in the same amount as the levy made by the board of  commis-
 12    sioners  of  each  fire  protection  district,  and shall certify such levy or
 13    levies to the county auditor, and said auditor shall extend such levy  on  the
 14    rolls of the county, as other county taxes are extended; such special taxes so
 15    levied,  as  aforesaid,  shall constitute a lien upon the property so assessed
 16    and shall be due and payable at the same time and in all respects  are  to  be
 17    collected  in  the  same manner as the state and county taxes, except that the
 18    tax collector must keep a separate list thereof and must list said tax in  his
 19    receipt to the taxpayers and must pay to the county treasurer as he pays other
 20    taxes,  specify  to  the  treasurer  what  taxes  they are and take a separate
 21    receipt therefor, and keep separate accounts thereof.
 22        (2)  Whenever there is a vacancy on the board of commissioners of  a  fire
 23    protection  district,  the  county  commissioners of the county where the fire
 24    protection district is located shall appoint a replacement within fifteen (15)
 25    days after the vacancy occurs.  If a fire protection district  is  located  in
 26    more  than  one (1) county, the board of county commissioners with the largest
 27    amount of property contained in the fire protection district  shall  make  the
 28    appointment of the commissioner of the fire protection district.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 12813C1
     The Rural Fire District statute was created hastily in a
time of emergency when it appeared that rural areas would be left
without fire protection.  The provisions, in some cases, are too
broad to provide necessary direction to the Districts.  This
legislation will further define authorities in a few areas which
have been shown to create difficulties for some of the Districts.

1.  It limits purchases of real property to those necessary to
carry out the functions of the districts, and provides the means
to dispose of real property.

2.  It clarifies that the Districts may contract for legal
services.

3.  It clarifies that fiscal operations shall be conducted in
accordance with the state public depository law.

4.  It provides a method for filling vacancies in the board of
commissioners.

                          FISCAL IMPACT
     Costs will likely be lowered due to reduced uncertainty and
the establishment of fiscal guidelines.

Contact
Name: Senator Laird Noh 
Phone: (208) 332-1333




STATEMENT OF PURPOSE/FISCAL NOTE                       S 1107