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H0686...................................................by LOCAL GOVERNMENT
FIRE MARSHAL ORDERS - Amends existing law to increase the penalty for
owners or occupants failing to comply with orders of the state fire marshal
for remedy or removal; to designate the entities to which penalties shall
be payable; to provide that penalties may be recovered in certain civil
enforcement actions under the direction of attorneys for fire districts;
and to provide for the award and payment of reasonable attorney's fees and
costs.
02/13 House intro - 1st rdg - to printing
02/16 Rpt prt - to Loc Gov
02/25 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 51-17-2
AYES -- Andersen, Barraclough, Bauer, Bell, Black, Boe, Bolz,
Bradford, Cannon, Collins, Crow, Cuddy, Deal, Douglas, Eberle,
Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,
Henbest, Jaquet, Jones, Kellogg, Langford, Langhorst, Martinez,
McGeachin, Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart,
Raybould, Ridinger, Ringo, Roberts, Robison, Rydalch, Sayler,
Schaefer, Shepherd, Skippen, Smith(30), Smylie, Snodgrass, Stevenson,
Trail(Bennett), Wills, Mr. Speaker
NAYS -- Barrett, Bayer, Bedke, Block, Campbell, Clark, Denney,
Gagner, Harwood, Kulczyk, Lake, McKague, Meyer, Moyle, Sali,
Smith(24), Wood
Absent and excused -- Ring, Shirley
Floor Sponsor - Shepherd
Title apvd - to Senate
03/02 Senate intro - 1st rdg - to Jud
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/18 3rd rdg - PASSED - 26-2-7
AYES -- Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta,
Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Kennedy,
Keough, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh,
Stegner, Stennett, Sweet, Werk
NAYS -- Little, Pearce
Absent and excused -- Andreason, Cameron, Ingram, Richardson,
Schroeder, Sorensen, Williams
Floor Sponsor - Marley
Title apvd - to House
03/19 To enrol - Rpt enrol - Sp signed - Pres signed
03/22 To Governor
03/23 Governor signed
Session Law Chapter 266
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 686
BY LOCAL GOVERNMENT COMMITTEE
1 AN ACT
2 RELATING TO ORDERS OF THE STATE FIRE MARSHAL FOR REMEDY OR REMOVAL; AMENDING
3 SECTION 41-261, IDAHO CODE, TO INCREASE THE PENALTY FOR OWNERS OR OCCU-
4 PANTS FAILING TO COMPLY WITH ORDERS FOR REMEDY OR REMOVAL, TO DESIGNATE
5 THE ENTITIES TO WHICH PENALTIES SHALL BE PAYABLE, TO PROVIDE THAT PENAL-
6 TIES MAY BE RECOVERED IN CERTAIN CIVIL ENFORCEMENT ACTIONS UNDER THE
7 DIRECTION OF ATTORNEYS FOR FIRE DISTRICTS AND TO PROVIDE FOR THE AWARD AND
8 PAYMENT OF REASONABLE ATTORNEY'S FEES AND COSTS.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 41-261, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 41-261. FAILURE TO COMPLY WITH ORDER OF REMEDY OR REMOVAL -- PENALTY --
13 CIVIL ACTION TO RECOVER PENALTY. Any owner or occupant failing to comply with
14 such order within thirty (30) days after said appeal has been determined, or,
15 if no appeal is taken, then within the time fixed in said order, shall be lia-
16 ble to a penalty of: ten dollars ($10.00) for each day's neglect beginning
17 with the first day through the seventh day; fifty dollars ($50.00) per day on
18 the eighth through the thirtieth day; and one hundred dollars ($100) per day
19 on the thirty-first day and each day thereafter,. In the event such enforce-
20 ment action is brought by the office of the state fire marshal, the penalty
21 shall be payable to the state fire marshal, for deposit in the arson, fire and
22 fraud prevention account. In the event such enforcement action is brought by a
23 fire district under the authority of the state fire marshal, the penalty shall
24 then be payable to the fire district which has prosecuted the enforcement
25 action.
26 The penalty herein provided, if not then paid, may be recovered in an
27 action brought in any court of competent jurisdiction of the county where such
28 property is located, in the name of the state, under the direction of the
29 state fire marshal and/or any of the assistants herein designated, where such
30 property is located, or by an attorney specially designated therefor by the
31 attorney general, or by the attorney for a fire district in the event such
32 enforcement action is brought by the district. The reasonable attorney's fees
33 and costs incurred in bringing any such enforcement action, if any, shall be
34 awarded to the state or the fire district bringing the enforcement action in
35 addition to the assessment of any penalty, and shall be paid in the same man-
36 ner as the penalty. If the court determines that the enforcement action has
37 been brought frivolously or without reasonable cause, the court may award to
38 the owner or occupant who is the subject of the enforcement action such rea-
39 sonable attorney's fees and costs of the defense or appeal of the enforcement
40 action as the court determines is fair and just.
STATEMENT OF PURPOSE
RS 13872C1
The purpose of this legislation is to amend Section 41-261,
Idaho Code to increase the penalty for owners or occupants
failing to comply with orders for remedy or removal, to designate
the entities to which penalties shall be payable, to provide that
penalties may be recovered in certain civil enforcement actions
under the direction of attorneys for fire districts and to
provide for the award and payment of reasonable attorney's fees
and costs.
FISCAL IMPACT
There is no fiscal impact to the state general fund.
Contact
Name: Representative Shepherd
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 686