2005 Legislation
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SENATE BILL NO. 1104 – Volunteer fire dept, service charge

SENATE BILL NO. 1104

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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