2003 Legislation
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HOUSE BILL NO. 233 – Fire protection dist, election


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Daily Data Tracking History

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

Bill Text

  ||||              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
  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
  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 / Fiscal Impact

                       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.

Name: Rep Mary Lou Shepherd 
Phone: 332-1130
      Rep Mike Naccarato