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S1104......................................by LOCAL GOVERNMENT AND TAXATION VOLUNTEER FIRE DEPARTMENTS - Adds to existing law to provide that volunteer fire departments may collect a service charge based upon a published schedule of charges provided that certain specified conditions are met. 02/10 Senate intro - 1st rdg - to printing 02/11 Rpt prt - to Loc Gov 02/17 Rpt out - rec d/p - to 2nd rdg 02/18 2nd rdg - to 3rd rdg 02/22 3rd rdg - PASSED - 27-7-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Coiner, Corder, Darrington, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Lodge, Malepeai, Marley, McGee, McKenzie, Noble, Pearce, Richardson, Schroeder, Williams NAYS -- Cameron, Compton, Davis, Little, Stegner, Stennett, Werk Absent and excused -- Sweet Floor Sponsor - Corder Title apvd - to House 02/23 House intro - 1st rdg - to Loc Gov 03/23 Rpt out - rec d/p - to 2nd rdg 03/24 2nd rdg - to 3rd rdg 03/28 3rd rdg - PASSED - 60-9-1 AYES -- Andrus, Barraclough, Bastian, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Henbest, Henderson, Jaquet, Jones, Kemp, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Smith(30), Smith(24)(Frost), Smylie, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- Barrett, Bayer, Deal, Harwood, Lake, Moyle, Sali, Skippen, Snodgrass Absent and excused -- Anderson Floor Sponsor - Nielsen Title apvd - to Senate 03/29 To enrol 03/30 Rpt enrol - Pres signed 03/31 Sp signed - To Governor 04/06 Governor signed Session Law Chapter 305 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE SENATE SENATE BILL NO. 1104 BY LOCAL GOVERNMENT AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO VOLUNTEER FIRE DEPARTMENTS; AMENDING CHAPTER 24, TITLE 6, IDAHO 3 CODE, BY THE ADDITION OF A NEW SECTION 6-2402, IDAHO CODE, TO PROVIDE THAT 4 VOLUNTEER FIRE DEPARTMENTS MAY COLLECT A SERVICE CHARGE BASED ON A PUB- 5 LISHED SCHEDULE OF CHARGES PROVIDED CERTAIN SPECIFIED CONDITIONS ARE MET. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Chapter 24, Title 6, Idaho Code, be, and the same is 8 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 9 ignated as Section 6-2402, Idaho Code, and to read as follows: 10 6-2402. VOLUNTEER FIRE DEPARTMENTS -- SCHEDULE OF CHARGES -- CONDITIONS 11 FOR COLLECTION -- REPORTS -- FAILURE TO PAY. (1) As used in this section, 12 "volunteer fire department" means a fire department organized as a nonprofit 13 corporation with a primary purpose of firefighting, fire protection, or other 14 emergency services, which has entered into an agreement with a validly orga- 15 nized city or county to provide fire fighting, fire protection, or other emer- 16 gency services to a distinct service area. 17 (2) A volunteer fire department that provides services within a jurisdic- 18 tion served by the department may establish a schedule of charges for the ser- 19 vices that the department provides not to exceed the state fire marshal's rec- 20 ommended schedule for services. The volunteer fire department or its agent may 21 collect a service charge according to this schedule from the owner of property 22 who receives service if the following conditions are met: 23 (a) At the following times, the department gives notice in a newspaper of 24 general circulation on three (3) separate occasions in each political sub- 25 division served by the department of the amount of the service charge for 26 each service that the department provides: 27 (i) Before the schedule of service charges is initiated; 28 (ii) When there is a change in the amount of a service charge. 29 (b) The property owner has not sent written notice to the department to 30 refuse service by the department to the owner's property. 31 (c) The bill for payment of the service charge: 32 (i) Is submitted to the property owner in writing within thirty 33 (30) days after services are provided; and 34 (ii) Includes a copy of a fire incident report in the form pre- 35 scribed by the state fire marshal, if the service was provided for an 36 event that requires a fire incident report. 37 (3) A volunteer fire department shall use the revenue collected from the 38 fire service charges under this section for: 39 (a) The purchase of equipment, buildings and property for firefighting, 40 fire protection or other emergency services; 41 (b) The ordinary and necessary expenses associated with firefighting, 42 fire protection and other emergency services; and 43 (c) To pay principal and interest on a loan acquired for the purchase of 2 1 equipment, buildings and property for firefighting, fire protection and 2 other emergency services. 3 (4) A volunteer fire department that: 4 (a) Has contracted with a political subdivision to provide fire protec- 5 tion or emergency services, and 6 (b) Charges for services under the provisions of this section, 7 shall submit a report to the legislative body of the political subdivision 8 before April 1 of each year indicating the amount of service charges collected 9 during the previous calendar year and how those funds have been expended. 10 (5) The state fire marshal shall annually prepare and publish a recom- 11 mended schedule of service charges for fire protection services. 12 (6) The volunteer fire department or its agent may maintain a civil 13 action to recover an unpaid service charge authorized under the provisions of 14 this section.
STATEMENT OF PURPOSE RS 14892 This bill would add a new Section 6-2402 in Idaho Code. This bill will provide a schedule of charges for service; conditions for collection; report filing and failure to pay procedures. The bill defines "volunteer fire department" and requires an agreement between the department and a validly organized political subdivision. FISCAL NOTE This bill has no fiscal impact on the state general fund. Contact Name: Sen. Tim Corder Phone: 332-1342 Rep. Peter Nielsen Rep. Rich Wills STATEMENT OF PURPOSE/FISCAL NOTE S 1104