Print Friendly SENATE BILL NO. 1107 – Fire protectin dist, powers/duties
SENATE BILL NO. 1107
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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
|||| 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-
29 5. To adopt such rules as may be necessary to carry out their duties and
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 O other 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
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
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
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
Costs will likely be lowered due to reduced uncertainty and
the establishment of fiscal guidelines.
Name: Senator Laird Noh
Phone: (208) 332-1333
STATEMENT OF PURPOSE/FISCAL NOTE S 1107