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H0763......................................................by STATE AFFAIRS
FIRE PROTECTION DISTRICTS - Adds to, amends and repeals existing law
relating to fire protection districts to clarify the purpose and policy of
the fire protection district law; to provide for costs of publication and
election relating to petitions for organization of fire districts; to
provide for oaths of fire protection commissioners and appointed officers;
to provide for terms of office for fire protection commissioners and to
provide for the filling of vacancies of fire protection commissioners; to
revise provisions relating to annexation; to revise provisions relating to
consolidation; to provide for and to revise corporate powers and duties of
the board; to provide for and revise provisions relating to the sale,
conveyance and disposition of property; to provide for compensation,
benefits and expenses; to provide for liability; to provide for and to
revise provisions relating to the handling of district funds; to revise
provisions applicable to the inclusion, annexation or withdrawal of areas
in cities; to provide for cooperation and reciprocating use of firefighting
forces and apparatus of districts, political subdivisions and
municipalities; to provide for fees and liens; to revise provisions
relating to contracts between fire protection districts and individual
property owners outside of the districts; and to revise provisions relating
to the dissolution of fire protection districts.
03/02 House intro - 1st rdg - to printing
03/03 Rpt prt - to Loc Gov
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Boe, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Block, Crow, Deal
Floor Sponsor - Shepherd(2)
Title apvd - to Senate
03/14 Senate intro - 1st rdg - to Loc Gov
03/24 Rpt out - rec d/p - to 2nd rdg
03/27 2nd rdg - to 3rd rdg
03/28 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett(Clark),
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Werk, Williams
NAYS -- None
Absent and excused -- Sweet
Floor Sponsor - Broadsword
Title apvd - to House
03/29 To enrol
03/30 Rpt enrol - Sp signed
03/31 Pres signed - To Governor
03/31 Governor signed
Session Law Chapter 318
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 763
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO FIRE PROTECTION DISTRICTS; AMENDING SECTION 31-1401, IDAHO CODE,
3 TO CLARIFY THE PURPOSE AND POLICY OF THE FIRE PROTECTION DISTRICT LAW;
4 AMENDING SECTION 31-1403, IDAHO CODE, TO PROVIDE FOR COSTS OF PUBLICATION
5 AND ELECTION RELATING TO PETITIONS FOR ORGANIZATION OF FIRE DISTRICTS;
6 AMENDING SECTION 31-1405, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE
7 PUBLICATION OF NOTICE OF ELECTION; AMENDING SECTION 31-1408, IDAHO CODE,
8 TO REQUIRE OATHS FOR APPOINTED OFFICERS, TO CLARIFY PROVISIONS RELATING TO
9 FIRE PROTECTION BOARD COMPOSITION AND TO PROVIDE FOR OATHS OF FIRE PROTEC-
10 TION COMMISSIONERS AND APPOINTED OFFICERS; AMENDING SECTION 31-1408A,
11 IDAHO CODE, TO REDESIGNATE THE SECTION AND TO MAKE A TECHNICAL CORRECTION;
12 AMENDING SECTION 31-1409, IDAHO CODE, TO PROVIDE FOR TERMS OF OFFICE FOR
13 FIRE PROTECTION COMMISSIONERS AND TO PROVIDE FOR THE FILLING OF VACANCIES
14 OF FIRE PROTECTION COMMISSIONERS; AMENDING SECTION 31-1410, IDAHO CODE, TO
15 REVISE PROVISIONS RELATING TO THE ELECTION OF COMMISSIONERS, TO REVISE
16 PROVISIONS RELATING TO FIRE DISTRICT SUBDISTRICTS AND TO MAKE TECHNICAL
17 CORRECTIONS; AMENDING SECTION 31-1411, IDAHO CODE, TO REVISE PROVISIONS
18 RELATING TO ANNEXATION AND TO PROVIDE FOR THE ANNEXATION OF TERRITORY
19 LOCATED WITHIN AN EXISTING FIRE PROTECTION DISTRICT INTO ANOTHER FIRE PRO-
20 TECTION DISTRICT; AMENDING SECTION 31-1411A, IDAHO CODE, TO REDESIGNATE
21 THE SECTION, TO REVISE PROVISIONS RELATING TO PETITIONS OBJECTING TO CON-
22 SOLIDATION, TO PROVIDE A CORRECT CODE REFERENCE AND TO MAKE TECHNICAL COR-
23 RECTIONS; AMENDING SECTION 31-1411B, IDAHO CODE, TO REDESIGNATE THE SEC-
24 TION, TO REVISE PROVISIONS RELATING TO ELECTIONS FOR THE CONSOLIDATION OF
25 DISTRICTS AND TO PROVIDE CORRECT CODE REFERENCES; AMENDING SECTION
26 31-1412, IDAHO CODE, TO PROVIDE ADDITIONAL PROCEDURAL REQUIREMENTS FOR
27 ANNEXATION, TO REVISE PROVISIONS RELATING TO ANNEXATION AND TO MAKE TECH-
28 NICAL CORRECTIONS; AMENDING SECTION 31-1413, IDAHO CODE, TO REDESIGNATE
29 THE SECTION, TO PROVIDE THAT THE BOARD SHALL ACT ON LISTS OF BILLS PRE-
30 SENTED BY THE SECRETARY AND TO PROVIDE FOR THE APPLICABILITY OF SPECIFIED
31 LAWS TO FIRE PROTECTION DISTRICTS; AMENDING SECTION 31-1414, IDAHO CODE,
32 TO REDESIGNATE THE SECTION; AMENDING SECTION 31-1415, IDAHO CODE, TO
33 REDESIGNATE THE SECTION, TO PROVIDE FOR AND TO REVISE CORPORATE POWERS AND
34 DUTIES OF THE BOARD OF FIRE PROTECTION COMMISSIONERS AND TO MAKE TECHNICAL
35 CORRECTIONS; AMENDING SECTION 31-1416A, IDAHO CODE, TO REDESIGNATE THE
36 SECTION; AMENDING SECTION 31-1417, IDAHO CODE, TO REDESIGNATE THE SECTION
37 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 31-1417A, IDAHO CODE,
38 TO REDESIGNATE THE SECTION, TO PROVIDE FOR AND REVISE PROVISIONS RELATING
39 TO THE SALE, CONVEYANCE AND DISPOSITION OF PROPERTY OF FIRE PROTECTION
40 DISTRICTS AND TO MAKE TECHNICAL CORRECTIONS; REPEALING SECTION 31-1418,
41 IDAHO CODE, RELATING TO FIRE PROTECTION BOARD COMMISSIONER COMPENSATION
42 AND EXPENSES; AMENDING CHAPTER 14, TITLE 31, IDAHO CODE, BY THE ADDITION
43 OF A NEW SECTION 31-1421, IDAHO CODE, TO PROVIDE FOR COMPENSATION AND BEN-
44 EFITS FOR FIRE PROTECTION COMMISSIONERS, TO PROVIDE FOR EXPENSES OF FIRE
45 PROTECTION COMMISSIONERS, TO PROVIDE FOR COMPENSATION AND BENEFITS FOR
46 OFFICERS, AGENTS AND EMPLOYEES AND TO PROVIDE FOR LIABILITY OF THE FIRE
2
1 PROTECTION DISTRICT FOR THE ACTS AND OMISSIONS OF CERTAIN PERSONS; AMEND-
2 ING SECTION 31-1419A, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING
3 SECTION 31-1420, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO MAKE TECH-
4 NICAL CORRECTIONS; AMENDING SECTION 31-1421, IDAHO CODE, TO REDESIGNATE
5 THE SECTION; AMENDING SECTION 31-1422, IDAHO CODE, TO REDESIGNATE THE SEC-
6 TION AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 31-1423, IDAHO
7 CODE, TO REDESIGNATE THE SECTION AND TO PROVIDE FOR AND TO REVISE PROVI-
8 SIONS RELATING TO THE HANDLING OF DISTRICT FUNDS; AMENDING SECTION
9 31-1424, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO MAKE TECHNICAL COR-
10 RECTIONS; AMENDING SECTION 31-1424A, IDAHO CODE, TO REDESIGNATE THE SEC-
11 TION; REPEALING SECTION 31-1425, IDAHO CODE, RELATING TO DUTIES OF FIRE
12 PROTECTION DISTRICT TREASURERS, REPEALING SECTION 31-1426, IDAHO CODE,
13 RELATING TO WARRANTS, REPEALING SECTION 31-1427, IDAHO CODE, RELATING TO
14 WITHDRAWALS FROM FIRE PROTECTION DISTRICTS, REPEALING SECTION 31-1428,
15 IDAHO CODE, RELATING TO HEARINGS OF PETITIONS FOR WITHDRAWAL FROM DIS-
16 TRICTS AND DISTRIBUTION OF ASSETS AND REPEALING SECTION 31-1430, IDAHO
17 CODE, RELATING TO COOPERATION AND RECIPROCATING USE OF FIRE FIGHTING
18 FORCES AND APPARATUS OF DISTRICTS AND CITIES; AMENDING SECTION 31-1429,
19 IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO THE INCLUSION, ANNEXATION
20 OR WITHDRAWAL OF AREAS IN CITIES; AMENDING CHAPTER 14, TITLE 31, IDAHO
21 CODE, BY THE ADDITION OF A NEW SECTION 31-1430, IDAHO CODE, TO PROVIDE FOR
22 THE COOPERATION AND RECIPROCATING USE OF FIREFIGHTING FORCES AND APPARATUS
23 OF DISTRICTS, POLITICAL SUBDIVISIONS AND MUNICIPALITIES AND TO PROVIDE FOR
24 FEES AND LIENS; REPEALING SECTION 31-1430A, IDAHO CODE, RELATING TO COOP-
25 ERATION BETWEEN FIRE PROTECTION DISTRICTS IN IDAHO AND FIRE PROTECTION
26 DISTRICTS AND MUNICIPALITIES OF OTHER STATES; AMENDING SECTION 31-1430B,
27 IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE PROVISIONS RELATING TO
28 CONTRACTS BETWEEN FIRE PROTECTION DISTRICTS AND INDIVIDUAL PROPERTY OWNERS
29 OUTSIDE OF THE DISTRICT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC-
30 TION 31-1431, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO MAKE TECHNICAL
31 CORRECTIONS; REPEALING SECTION 31-1432, IDAHO CODE, RELATING TO THE
32 DEPOSIT OF COSTS AND REPEALING SECTION 31-1433, IDAHO CODE, RELATING TO
33 INTEREST ON UNPAID WARRANTS AND LIMITATIONS ON AMOUNTS OF WARRANTS; AMEND-
34 ING SECTION 31-1434, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO MAKE
35 TECHNICAL CORRECTIONS; AMENDING SECTION 31-1435, IDAHO CODE, TO REDESIG-
36 NATE THE SECTION, TO REVISE PROVISIONS RELATING TO THE DISSOLUTION OF FIRE
37 PROTECTION DISTRICTS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
38 31-1436, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO MAKE A TECHNICAL
39 CORRECTION; AMENDING SECTION 31-1437, IDAHO CODE, TO REDESIGNATE THE SEC-
40 TION AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 31-1438, IDAHO
41 CODE, TO REDESIGNATE THE SECTION; AND AMENDING SECTION 63-802, IDAHO CODE,
42 TO PROVIDE A CORRECT CODE REFERENCE.
43 Be It Enacted by the Legislature of the State of Idaho:
44 SECTION 1. That Section 31-1401, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 31-1401. PURPOSE AND POLICY OF LAW -- SHORT TITLE. The protection of
47 property against fire and the preservation of life, and enforcement of any of
48 the fire codes and other rules that are adopted by the state fire marshal pur-
49 suant to chapter 2, title 41, Idaho Code, are hereby declared to be a public
50 benefit, use and purpose. Any portion of a county not included in any other
51 fire protection district may be organized into a fire protection district
52 under the provisions of this chapter. All taxable property within any fire
3
1 protection district created under the provisions of this chapter is and shall
2 be benefited ratably in proportion to assessed valuation by the creation and
3 maintenance of such district, and all taxable property within any such dis-
4 trict shall be assessed equally in proportion to its assessed valuation for
5 the purpose of and in accordance with the provisions of this chapter. This
6 chapter shall be known as the "Fire Protection District Law," and whenever
7 cited, enumerated, referred to or amended, may be designated as the "Fire
8 Protection District Law," adding when necessary the code section number.
9 SECTION 2. That Section 31-1403, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 31-1403. PETITION. (1) A petition shall first be presented to the board
12 of county commissioners and filed with the clerk of the board of commissioners
13 of each county in which the proposed fire protection district is to be situ-
14 ated, signed by the number of holders of title, or evidence of title specified
15 in section 31-1402, Idaho Code, which petition shall plainly and clearly des-
16 ignate the boundaries of the proposed fire protection district, and shall
17 state the name of the proposed district, and shall be accompanied by a map
18 thereof. The petition, together with all maps and other papers filed therewith
19 shall, at all proper hours, be open to public inspection in the office of said
20 clerk of the board of commissioners between the date of their said filing and
21 the date of the election. The petition may be in one (1) paper or in several
22 papers.
23 (2) Whenever a petition shall be filed, prior to the publication of
24 notice of hearing pursuant to section 31-1404, Idaho Code, the petitioners
25 shall deposit with the board of county commissioners a sum sufficient to
26 defray the costs of publishing and election as provided by this chapter. In
27 the event a fire protection district is organized, the petitioners shall be
28 reimbursed the amount of their deposit from the first tax moneys collected by
29 the district as provided by this chapter. The amount required to be paid under
30 this subsection shall be determined by the board of county commissioners.
31 SECTION 3. That Section 31-1405, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 31-1405. NOTICE OF ELECTION. After the county commissioners have made
34 their order finally fixing and determining the boundaries of the proposed dis-
35 trict, the clerk of the board of county commissioners shall cause to be pub-
36 lished a notice of an election to be held, subject to the provisions of sec-
37 tion 34-106, Idaho Code, in such proposed fire protection district for the
38 purpose of determining whether or not the same shall be organized under the
39 provisions of this chapter. Such notice shall plainly and clearly designate
40 the boundaries of such proposed fire protection district, and shall state the
41 name of the proposed district as designated in the petition and shall state
42 that a map showing the boundaries of said district is on file in his office.
43 Such notice shall be published first not less than twelve fifteen (125)
44 days prior to the election, and a second publication not less than five (5)
45 days prior to such election, in a newspaper published within the county afore-
46 said. Such notice shall require the electors to cast ballots which shall con-
47 tain the words ".... fire protection district, yes," or ".... fire protection
48 district, no" or words equivalent thereto. No person shall be entitled to vote
49 at any election held under the provisions of this chapter unless he shall pos-
50 sess all the qualifications required of electors under the general laws of the
51 state, and be a resident of the proposed district.
4
1 If the district is to be situated in two (2) or more counties, the boards
2 of county commissioners shall provide that the election be held on the same
3 day in each county.
4 SECTION 4. That Section 31-1408, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 31-1408. FIRE PROTECTION BOARD -- APPOINTMENT OF COMMISSIONERS -- OATH.
7 (1) There shall be three (3) fire protection commissioners in each district,
8 who shall constitute the fire protection board. The first fire protection com-
9 missioners of such fire protection district shall be appointed by the gover-
10 nor. The certificate of such appointment shall be made in triplicate; one (1)
11 certificate shall be filed in the office of the county recorder of the county;
12 one (1) with the clerk of the board of county commissioners, and one (1) with
13 the assessor and tax collector of the county. Every fire protection commis-
14 sioner and appointed officer shall take and subscribe the official oath, which
15 oath shall be filed in the office of the board of fire protection commission-
16 ers. If the district is situated in two (2) or more counties, not more than
17 two (2) of the fire protection district commissioners shall be from the same
18 county, unless pursuant to section 31-1410A, Idaho Code, the board is com-
19 prised of five (5) members, in which event not more than three (3) of the com-
20 missioners shall be from the same county.
21 (2) The oath of office of fire protection commissioners and appointed
22 officers shall be taken before the secretary or the president of the board of
23 the fire district on the second Monday of January succeeding each general
24 election. Provided however, in the event, for any reason, of an inability to
25 appear for the taking of the oath, a duly elected fire protection commissioner
26 may be sworn in and may subscribe to the oath wherever he may be, provided he
27 appear before an officer duly authorized to administer oaths, and provided
28 further, that any person who is in any branch of the armed forces of the
29 United States of America, may appear before any person qualified to administer
30 oaths as prescribed in section 55-705, Idaho Code, and may take and subscribe
31 the oath of office as provided for in section 59-401, Idaho Code, and the oath
32 of office shall have the same force and effect as though it were taken before
33 the secretary or the president of the fire district pursuant to this subsec-
34 tion.
35 SECTION 5. That Section 31-1408A, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 31-140810A. DECISION TO INCREASE THE SIZE OF THE BOARD. Subsequent to the
38 creation of a fire protection district and the appointment of the first board
39 of fire protection commissioners, the fire protection board may, by a majority
40 vote of all of the fire protection district board members elect to increase
41 the size of the board to five (5) members.
42 If the board of fire protection commissioners elects to expand the board
43 to five (5) members, the existing board members shall subdivide the district
44 into five (5) subdivisions as nearly equal in population, area and mileage as
45 practicable to be known as subdistricts one, two, three, four and five.
46 At the first election following the decision of the board of fire protec-
47 tion commissioners to expand the board from three (3) to five (5) members,
48 five (5) commissioners shall be elected. The commissioners from fire protec-
49 tion subdistrict one shall be elected for a term of one (1) year; the commis-
50 sioner from subdistrict two for two (2) years; the commissioner from subdis-
51 trict three for three (3) years; and the commissioners from subdistricts four
5
1 and five shall be elected for terms of four (4) years. Thereafter, the term of
2 all commissioners shall be four (4) years.
3 A fire district which, prior to the effective date of this section, had
4 elected to expand a board from three (3) to five (5) members shall, prior to
5 the next election of the district, adopt a transition schedule as nearly
6 reflecting the schedule provided in this section as possible so that one (1)
7 commissioner is elected each year except that in one (1) year, two (2) commis-
8 sioners are elected.
9 SECTION 6. That Section 31-1409, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 31-1409. RESIDENCE QUALIFICATIONS OF COMMISSIONERS -- TERM OF OFFICE --
12 VACANCIES. (1) At the meeting of the board of county commissioners at which
13 the fire protection district is declared organized, as provided by section
14 31-1407, Idaho Code, the county commissioners shall divide the fire protection
15 district into three (3) subdivisions, as nearly equal in population, area and
16 mileage as practicable, to be known as fire protection commissioners subdis-
17 tricts one, two and three. Not more than one (1) of said commissioners shall
18 be an elector of the same fire protection subdistrict. The first commissioners
19 appointed by the governor shall serve until the next fire protection district
20 election, at which their successors shall be elected. Any vacancy occurring in
21 the office of the fire protection commissioner, other than by the expiration
22 of the term of office, shall be filled by the fire protection board The term
23 of office for fire protection commissioners shall commence on the second Mon-
24 day of January succeeding each general election. Commissioners appointed and
25 elected must be electors resident within the district for at least one (1)
26 year.
27 (2) Any fire protection commissioner vacancy occurring, other than by the
28 expiration of the term of office, shall be filled by the fire protection
29 board. If a duly elected or appointed fire protection commissioner resigns,
30 withdraws, becomes disqualified, refuses or becomes otherwise unable to per-
31 form the duties of office for longer than ninety (90) days, the board, on sat-
32 isfactory proof of the vacancy, shall declare the office vacant. The board
33 shall fill any vacancies within sixty (60) days of learning of the vacancy.
34 When a vacancy occurs, the board shall direct the secretary to cause a notice
35 of the vacancy to be published in at least one (1) issue of a newspaper of
36 general circulation within the district. The notice shall include the date and
37 time of the meeting when the board will vote to fill the vacancy, and the
38 deadline for qualified elector residents interested in being appointed to the
39 position to submit a written request for appointment to the board. Should the
40 board fail to agree on an individual to fill the vacancy, it shall select the
41 individual by a coin toss to be conducted at a fire protection board meeting.
42 Candidates for the vacancy shall be invited by the board to attend the meeting
43 and observe the coin toss. The candidate who wins the coin toss shall be
44 appointed to fill the vacancy.
45 SECTION 7. That Section 31-1410, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 31-1410. ELECTION OF COMMISSIONERS. (1) On the first Tuesday following
48 the first Monday of November, following the organization of a fire protection
49 district, three (3) fire protection district commissioners shall be elected.
50 Every year thereafter, one (1) commissioner shall be elected, except for the
51 fourth year when no election of a fire commissioner shall occur unless a fire
6
1 protection district has voted to increase the size of its board in accordance
2 with section 31-1410A, Idaho Code. The board of fire protection commissioners
3 shall have power to make such regulations for the conduct of such election as
4 are consistent with the statutory provisions of chapter 14, title 34, Idaho
5 Code. At their meeting next preceding such election, the board of fire protec-
6 tion commissioners shall divide the district into three (3) subdistricts as
7 nearly equal in population, area and mileage as practicable, to be known as
8 fire protection commissioners subdistricts one, (1), two (2) and three. (3).
9 Thereafter, at the January meeting of the board of fire protection commission-
10 ers preceding any regularly scheduled election, such subdistricts shall may be
11 revised but, by the board when it deems it necessary due to significant shifts
12 in population. Provided however, of the commissioners comprising the board,
13 not more than one (1) commissioner shall be an elector of the same fire pro-
14 tection commissioners subdistrict. The revision of subdistricts shall not dis-
15 qualify any elected commissioner from the completion of the term for which he
16 or she has been duly elected. At the first election following organization of
17 a fire protection district the commissioner from fire protection subdistrict
18 one (1) shall be elected to a term of one (1) year, the commissioner from sub-
19 district two (2) shall be elected to a term of two (2) years, and the commis-
20 sioner from fire protection subdistrict three (3) shall be elected to a term
21 of three (3) years; thereafter the term of office of all commissioners shall
22 be four (4) years. Such elections and all other elections held under this law,
23 shall be held in conformity with the general laws of the state including chap-
24 ter 14, title 34, Idaho Code.
25 (2) Upon the unanimous agreement of the existing board of commissioners,
26 a fire protection district whose terms and elections were established by prior
27 law may elect to convert to the election of commissioners as provided in sub-
28 section (1) of this section. A fire district may adopt any conversion schedule
29 reflecting the intent of the schedule provided in subsection (1) of this sec-
30 tion, so long as one (1) commissioner is elected each year, except for the
31 fourth year when no election shall be held. The conversion schedule shall not
32 result in the extension of the term of office of any commissioner serving at
33 the time of the conversion.
34 (3) In any election for fire protection district commissioner, if after
35 the deadline for filing a declaration of intent as a write-in candidate, it
36 appears that only one (1) qualified candidate has been nominated for a subdis-
37 trict to be filled, it shall not be necessary for the candidate of that sub-
38 district to stand for election, and the board of the fire protection district
39 shall declare such candidate elected as commissioner, and the secretary of the
40 district shall immediately make and deliver to such person a certificate of
41 election.
42 The results of any election for fire protection district commissioner
43 shall be certified to the county clerk of the county or counties in which the
44 district is located.
45 SECTION 8. That Section 31-1411, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 31-1411. ANNEXATION OF TERRITORY IN SAME COUNTY -- PETITION -- HEARING --
48 ORDER -- CERTIFICATION TO COUNTY COMMISSIONERS -- ALTERNATE PROCEDURE -- ELEC-
49 TION -- PETITION TO DE ANNEX PROPERTY FROM EXISTING DISTRICT AND ANNEX INTO
50 ANOTHER DISTRICT. After the organization of a fire protection district, addi-
51 tional contiguous or noncontiguous territory lying within the same county may
52 be added thereto and shall thereupon and thenceforth be included in such dis-
53 trict. Noncontiguous tTerritory that is not contained in an existing fire dis-
7
1 trict, and is not immediately adjoining the boundaries of the fire district
2 into which annexation is sought, may be annexed to an existing fire protection
3 into the district shall provided the territory consists of not less than
4 forty (40) contiguous acres. At least seventy-five percent (75%) or more of
5 the owners or contract purchasers of the land sought to be annexed shall peti-
6 tion the fire protection board and request annexation of the territory partic-
7 ularly described in said petition. Upon receipt of any such petition the fire
8 protection board shall hold a hearing not less than ten (10) nor more than
9 thirty (30) days thereafter, or upon the written consent of the petitioner
10 within one hundred eighty (180) days, and said board shall cause notice of
11 such hearing, designating the time and place, to be published in at least one
12 (1) issue of a newspaper of general circulation within the district. Any per-
13 son supporting or objecting to such petition shall be heard at such hearing,
14 if in attendance, and at the close of such hearing said board shall approve or
15 reject said petition. If the board approves said petition it shall make an
16 order to that effect and certify a copy of said order containing an accurate
17 legal description of the annexed territory to the board of county commission-
18 ers of the county where said fire district is situated. Said board of county
19 commissioners shall thereupon enter an order of annexation and cause the same
20 to be recorded so as to include the annexed property on the tax rolls as in
21 this chapter provided.
22 In the event that more than twenty-five percent (25%) of the owners or
23 contract purchasers of the land sought to be annexed do not join in said peti-
24 tion, or the petition is denied as above set forth, and the board determines
25 by resolution entered on the minutes of the board, that the annexation would
26 be in the best interests of the district and that an election on the issue
27 should be held, additional territory may nevertheless be annexed by the affir-
28 mative vote of a majority of the qualified electors of such additional terri-
29 tory voting on the question at an election held therefor, which vote may be
30 taken at an election held as provided in section 31-1405, Idaho Code. But such
31 additional territory shall not be annexed to or be included within the dis-
32 trict unless such annexation and inclusion be first approved by the fire pro-
33 tection board of the existing district by resolution entered on the minutes of
34 such board prior to the election on the question of annexation. The same pro-
35 cedure shall be adopted as provided in sections 31-1402 through 31-1406, Idaho
36 Code.
37 If owners or contract purchasers of territory located within an existing
38 fire protection district seek to petition to be annexed into another fire pro-
39 tection district, they must demonstrate that they are likely to receive an
40 improved response to requests for services from the other fire protection dis-
41 trict and obtain written approval of the board of the fire protection district
42 within which the territory is already located. The written approval must be
43 attached to their petition to annex. The procedure for the annexation petition
44 shall be the same as otherwise provided in this section.
45 SECTION 9. That Section 31-1411A, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 31-1411A13. CONSOLIDATION OF DISTRICTS -- HEARING -- PROTEST -- ELECTION.
48 Any fire protection district may consolidate with one (1) or more existing
49 fire protection districts subject to the following procedure, or pursuant to
50 an election for consolidation as provided in section 31-1411B14, Idaho Code,
51 and with the following effects:
52 (a1) If, in the opinion of the board of any fire protection district, it
53 would be to the advantage of said district to consolidate with one (1) or more
8
1 other existing fire protection districts, the said board shall cause to be
2 prepared an agreement for consolidation which shall among other things pro-
3 vide:
4 (1a) The name of the proposed consolidated fire protection district.
5 (2b) That all property of the districts to be consolidated shall become
6 the property of the consolidated district.
7 (3c) That all debts of the districts to be consolidated shall become the
8 debts of the consolidated district.
9 (4d) That the existing commissioners of the districts to be consolidated
10 shall be the commissioners of the consolidated district until the next
11 election, said election to be held pursuant to the terms of section
12 31-1410, Idaho Code, at which three (3) commissioners shall be elected,
13 unless the agreement of consolidation establishes a five (5) member board,
14 in which case five (5) commissioners shall be elected. If the board con-
15 sists of three (3) members, ommissioners commissioners from fire protec-
16 tion subdistricts one and two shall be elected for terms of four (4)
17 years, and the commissioner from fire protection subdistrict three shall
18 be elected for a term of two (2) years. If the board consists of five (5)
19 commissioners, commissioners from fire protection subdistricts one, three
20 and five shall be elected for terms of four (4) years, and the commission-
21 ers from fire protection subdistricts two and four shall be elected for an
22 initial term of two (2) years. Thereafter the term of all commissioners
23 shall be four (4) years.
24 (5e) That the employees of the consolidated fire protection district
25 shall be selected from the employees of the fire protection districts
26 being consolidated, which employees shall retain the seniority rights
27 under their existing employment contracts.
28 (b2) After approval of said the agreement of consolidation by each of the
29 fire protection district boards involved, the boards of commissioners of each
30 fire protection district shall hold a hearing not less than ten (10) or more
31 than thirty (30) days thereafter, and shall cause notice of said the hearing,
32 designating the time and place, to be published in at least one (1) issue of a
33 newspaper of general circulation within the district not less than five (5)
34 days prior to such the hearing. Any person supporting or objecting to such the
35 petition shall be heard at such meeting the hearing, if in attendance, and at
36 the close of such the hearing said the board shall approve or reject the
37 agreement of consolidation. If each board approves the agreement of consolida-
38 tion, the agreement shall become effective and the consolidation of said the
39 district complete thirty (30) days after such the approval unless within such
40 the thirty (30) days a petition signed by twenty-five per cent percent (25%)
41 of the qualified electors of one (1) of the fire protection districts object-
42 ing to such the consolidation be filed with the secretary of such the dis-
43 trict. In the event of such an objection, election shall be held as provided
44 in section 31-1405, Idaho Code, except that the question shall be
45 "consolidation of .... fire protection district, yes"," or "consolidation of
46 .... fire protection district, no"," or words equivalent thereto. If more than
47 one-half (1/2) of the votes cast are yes, the agreement shall become effec-
48 tive. If more than one-half (1/2) of the votes cast are no, the agreement
49 shall be void and of no effect; and no new consolidation shall be proposed for
50 at least six (6) months following the date of the consolidation election.
51 (c3) Upon the agreement of consolidation becoming effective, the board of
52 the consolidated fire protection district shall file a certified copy of the
53 agreement with the county recorder of each county in which such district is
54 situated, and shall comply with the provisions of section 63-215, Idaho Code.
55 The consolidated district shall thereafter have the same rights and obliga-
9
1 tions as any other fire protection district organized under the statutes of
2 this state.
3 SECTION 10. That Section 31-1411B, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 31-1411B14. ELECTION FOR THE CONSOLIDATION OF DISTRICTS. (1) Any two (2)
6 or more fire districts may, in the discretion of the fire district commission-
7 ers, or shall, upon a petition signed by ten percent (10%) or more of the
8 electors in the last general election residing in each of the fire protection
9 districts proposed for consolidation, conduct an election in the manner pro-
10 vided in section 31-1405, Idaho Code, at which the following question shall be
11 submitted to the electorate: "Shall ..... fire protection districts be consol-
12 idated?" or words equivalent thereto. At least one (1) public hearing shall be
13 held by the boards of fire district commissioners prior to the election. If a
14 majority of the votes cast in each district proposed for consolidation are in
15 favor of consolidation, the districts shall be deemed consolidated and an
16 agreement of consolidation in conformity with the provisions of section
17 31-1411A13, Idaho Code, shall be entered into by the fire protection district
18 boards involved, except that an agreement of consolidation entered into pursu-
19 ant to an election as provided in this section shall not thereafter be subject
20 to an election upon objection as provided in subsection (b2) of section
21 31-1411A13, Idaho Code.
22 (2) If two (2) districts are proposed for consolidation and less than a
23 majority of the votes cast in any one (1) of the districts are in favor of the
24 consolidation, the consolidation shall not become effective. If more than two
25 (2) districts are proposed for consolidation, the consolidation may proceed
26 with respect to those districts in which a majority of the votes cast are in
27 favor of the consolidation. The failure of an election for consolidation shall
28 not prohibit a proposed consolidation under the procedures and subject to the
29 limitations of section 31-1411A, Idaho Code.
30 SECTION 11. That Section 31-1412, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 31-1412. ANNEXATION OF TERRITORY IN ADJOINING COUNTY. After the organiza-
33 tion of a fire protection district, additional territory, contiguous or non-
34 contiguous thereto and located wholly within an adjoining county, may be added
35 to the district and become a part thereof as hereinafter provided in this sec-
36 tion. Noncontiguous territory annexed to an existing fire protection district
37 shall consist of not less than forty (40) contiguous acres. The proceedings
38 for annexation shall be the same as the proceedings for the creation and orga-
39 nization of a fire protection district with the following exceptions and modi-
40 fications:
41 a.(1) Such proceeding may be initiated by two (2) or more of the holders
42 of title or evidence of title to lands aggregating not less than one hundred
43 (100) acres, or of less area but having market value for assessment purposes
44 of at least one hundred twenty-five thousand dollars ($125,000).
45 b.(2) A petition, such as is required by section 31-1403, Idaho Code,
46 shall be filed with the fire protection board of the fire protection district
47 into which petitioners seek to be annexed. The petition shall accurately
48 describe the boundaries of the territory and name and describe the fire pro-
49 tection district to which annexation is sought. The petition shall be accompa-
50 nied by a map showing and distinguishing the boundaries of the original dis-
51 trict and the boundaries of the territory proposed to be annexed, and showing
10
1 the location of the intervening county line. The fire protection board shall
2 follow the notice and public hearing requirements contained in section
3 31-1411, Idaho Code, and if it approves of the annexation proposal, it will
4 issue a written resolution consenting to the proposed annexation. If the fire
5 protection board issues such a resolution, the petitioners shall proceed in
6 accordance with the steps outlined in this section.
7 (3) A petition, such as is required by section 31-1403, Idaho Code, shall
8 be filed with the board of county commissioners of the county in which is sit-
9 uated the territory proposed to be annexed but shall accurately describe the
10 boundaries of the territory, and name and describe the fire protection dis-
11 trict to which annexation is sought, shall be accompanied by a map showing and
12 distinguishing the boundaries of the original district and the boundaries of
13 the territory proposed to be annexed, and showing the location of the inter-
14 vening county line. The petition must be accompanied by a certified copy of a
15 the resolution of the board of fire protection commissioners of the original
16 district consenting to the annexation.
17 c.(4) The notice of hearing on the petition shall state that certain ter-
18 ritory described in the petition, is proposed to be annexed to a fire protec-
19 tion district named in the petition and that any taxpayer within the bound-
20 aries of the territory proposed to be annexed may offer objections at the time
21 and place specified. The order entered by the local board of county commis-
22 sioners on the petition shall, if the petition be granted, fix the boundaries
23 of the annexed territory and direct that a map of it be prepared under the
24 direction of the clerk of the board, and certified copies of the order and map
25 shall be transmitted to the clerk of the board of county commissioners of the
26 county in which the original fire protection district is situated.
27 d.(5) An election shall be held conducted by the county clerk or elec-
28 tions office in the county where the land sought to be annexed is situated,
29 subject to the provisions of section 34-106, Idaho Code, in the territory pro-
30 posed to be annexed for the purpose of voting upon the annexation and the
31 notice shall accurately describe the boundaries of the territory proposed to
32 be annexed, shall state the name of the district to which annexation is
33 sought, and that a map showing the boundaries of the district and of the ter-
34 ritory proposed to be annexed is on file in the office of the clerk of the
35 local board of county commissioners. The notice shall prescribe the form of
36 ballot to be cast, which shall contain the words "In favor of annexation to
37 .... Fire Protection District" and "Against annexation to .... Fire Protection
38 District," and shall direct that the voter indicate his choice thereon by a
39 cross (X).
40 e.(6) The territory proposed to be annexed shall constitute one (1) elec-
41 tion precinct and there shall be added to the usual elector's oath, in case of
42 challenge, the following words: "And I am a resident within the boundaries of
43 the territory proposed to be annexed to .... Fire Protection District." The
44 returns of the election shall be canvassed by the board of the county commis-
45 sioners of the county in which the territory proposed to be annexed is situ-
46 ated, and if it shall appear from the canvass that more than one-half (1/2) of
47 the voters are in favor of the annexation, the board shall, by order entered
48 on its minutes, declare the territory a part of the fire protection district
49 to which annexation is sought, and a certified copy of the order shall be
50 transmitted to the fire protection board of the original district, and also to
51 the board of the county commissioners of the county in which the original dis-
52 trict is situated. A certified copy of the order shall also be filed in the
53 office of the county recorder of the county in which the territory proposed to
54 be annexed is situated. At the first meeting of the board of county fire pro-
55 tection commissioners following the annexation of property from another
11
1 county, the board of county commissioners shall resubdivide the expanded fire
2 protection district into three (3) subdivisions, as nearly equal in population
3 and area as practicable. Not more than one (1) fire protection district com-
4 missioner shall reside in each subdistrict. If, because of resubdistricting,
5 two (2) or more commissioners reside in the same subdistrict, they shall draw
6 lots to determine who shall remain in office. The county remaining commission-
7 ers on the board shall appoint, as necessary, persons to fill vacancies cre-
8 ated as a result of annexation pursuant to the provisions of section 31-1409,
9 Idaho Code. An appointee shall serve the remainder of the term of office he or
10 she is appointed to fill. Certified copies of appointments of secretary and
11 treasurer of the district shall be filed with the clerk of the board of county
12 commissioners and with the tax collector of each county in which any portion
13 of the district is situated and all taxes levied by the district shall be cer-
14 tified to, and extended, collected and remitted by, the proper officers of the
15 county in which is situated the property subject to the levy.
16 SECTION 12. That Section 31-1413, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 31-141315. ORGANIZATION OF BOARD -- MEETINGS -- OFFICERS -- OFFICIAL
19 BONDS. Immediately after qualifying, the board of fire protection commission-
20 ers shall meet and organize as a board, and at that time, and whenever there-
21 after vacancies in the respective offices may occur, they shall elect a presi-
22 dent from their number, and shall appoint a secretary and treasurer who may
23 also be from their number, all of whom shall hold office during the pleasure
24 of the board, or for terms fixed by the board. The offices of secretary and
25 treasurer may be filled by the same person. Certified copies of all such
26 appointments, under the hand of each of the commissioners, shall be forthwith
27 filed with the clerk of the board of county commissioners and with the tax
28 collector of the county.
29 As soon as practicable after the organization of the first board of fire
30 protection commissioners, and thereafter when deemed expedient or necessary,
31 such board shall designate a day and hour on which regular meetings shall be
32 held and a place for the holding thereof, which shall be within the district.
33 Regular meetings shall be held at least quarterly. The minutes of all meetings
34 must show what bills are submitted, considered, allowed or rejected. The sec-
35 retary shall make a list of all bills presented, showing to whom payable, for
36 what service or material, when and where used, amount claimed, allowed or dis-
37 allowed. Such list shall be signed by the chairman and attested by the secre-
38 tary; provided, that all special meetings must be ordered by the president or
39 a majority of the board, the order must be entered of record, and the secre-
40 tary must give each member not joining in the order, five (5) days' notice of
41 special meetings: provided, further, that whenever all members of the board
42 are present, however called, the same shall be deemed a legal meeting and any
43 lawful business may be transacted acted on by the board. All meetings of the
44 board must be public, and a majority shall constitute a quorum for the trans-
45 action of business. All fire protection districts shall meet the financial
46 audit filing requirements as provided in section 67-450B, Idaho Code. All
47 meetings of fire protection boards shall be noticed and run in accordance with
48 the open meeting law provided for in sections 67-2340 through 67-2347, Idaho
49 Code, inclusive. All records shall be open to the inspection of any elector
50 during business hours of fire protection districts shall be available to the
51 public in accordance with the provisions of public records law as provided for
52 in chapter 3, title 9, Idaho Code.
53 The officers of the district shall take and file with the secretary, an
12
1 oath for faithful performance of the duties of the respective offices. The
2 treasurer shall on his appointment execute and file with the secretary an
3 official bond in compliance with section 41-2604, Idaho Code, in such an
4 amount as may be fixed by the fire protection board but in no case less than
5 ten thousand dollars ($10,000).
6 SECTION 13. That Section 31-1414, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 31-141416. FIRE PROTECTION DISTRICTS ARE GOVERNMENTAL SUBDIVISIONS OF
9 IDAHO AND BODIES POLITIC AND CORPORATE. Every fire protection district upon
10 being organized as provided by this chapter shall be a governmental subdivi-
11 sion of the state of Idaho and a body politic and corporate, and as such has
12 the power specified in this chapter. Its powers can be exercised only by the
13 fire protection board or by agents and officers acting under their authority,
14 or authority of law. The name of the district designated in the order of the
15 board of county commissioners declaring the territory duly organized as a fire
16 protection district, shall be the corporate name of such district, and it must
17 be known and designated thereby in all actions and proceedings touching its
18 corporate right, property and duties.
19 SECTION 14. That Section 31-1415, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 31-141517. CORPORATE POWERS AND DUTIES OF BOARD OF FIRE PROTECTION COM-
22 MISSIONERS. The A board of fire protection commissioners shall have discre-
23 tionary powers to manage and conduct the business and affairs of the district.
24 Each fire protection district has power The discretionary powers shall
25 include, but not be limited to, the following:
26 (1.) To sue and be sued.
27 (2.) To purchase, hold, sell and convey real property, make such con-
28 tracts, and purchase, hold, sell and dispose of such personal property as may
29 be necessary or convenient for the purposes of this act chapter.
30 (3.) To levy and apply such taxes for purposes under its exclusive juris-
31 diction as are authorized by law, and to approve the annual district budget by
32 resolution of the board.
33 (4.) To make and execute all necessary contracts.
34 (5.) To adopt such rules and resolutions as may be necessary to carry out
35 their duties and responsibilities.
36 (6) To hire, pay, promote, discipline and terminate district employees,
37 contractors and agents, or delegate such powers.
38 (7) To set compensation and benefit levels for employees, commissioners,
39 contractors and agents.
40 (8) To appoint members of district appeals boards and investigatory
41 boards for the purpose of handling personnel matters or disputes concerning
42 fire code enforcement issues, and to appoint other boards or committees that
43 commissioners deem necessary for carrying out the purposes and policies of
44 this chapter.
45 (9) To enforce the fire code and rules adopted by the state fire marshal
46 pursuant to chapter 2, title 41, Idaho Code.
47 (10) To charge and collect reasonable fees for services provided to resi-
48 dents of the fire protection district or city, in accordance with the provi-
49 sions of sections 63-1311 and 63-1311A, Idaho Code.
50 SECTION 15. That Section 31-1416A, Idaho Code, be, and the same is hereby
13
1 amended to read as follows:
2 31-1416A18. TEMPORARY INABILITY OF COMMISSIONER. Whenever, for any rea-
3 son, any member of the board of fire protection district commissioners submits
4 to the board a signed written notice stating that the commissioner is tempo-
5 rarily unable to perform the duties of the office for a period of at least
6 ninety (90) days, the other members of the board shall appoint a suitable per-
7 son to perform such duties temporarily as an acting officer as provided
8 herein, until the incumbent of the office shall be able to resume the perfor-
9 mance of his duties, or a vacancy occurs in such office.
10 Each member of the board of a fire protection district shall designate two
11 (2) temporary interim successors to his powers and duties and specify their
12 order of succession. Each member shall review and, as necessary, revise the
13 designations of temporary interim successors so there are always two (2) qual-
14 ified temporary interim successors. The designation of a temporary interim
15 successor shall become effective when the member making the designation files
16 with the secretary of the board of the fire protection district the name,
17 address and rank of the successors in order of succession.
18 When a member of the board of fire protection district commissioners is
19 temporarily unable to perform the duties of office, the other members of the
20 board shall appoint a temporary interim successor highest in order of succes-
21 sion who is available. The interim successor, except for the power and duty to
22 appoint temporary interim successors, shall exercise the power and assume the
23 duties of the member of the board of fire protection district commissioners.
24 No person shall be designated or serve as a temporary interim successor unless
25 he is qualified to hold the office of a member of the board of fire protection
26 district commissioners, to whose powers and duties he is designated to succeed
27 under the constitution and laws of the state of Idaho. The order of appoint-
28 ment of a temporary interim successor shall be recorded in the official pro-
29 ceedings of the board.
30 SECTION 16. That Section 31-1417, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 31-141719. FIRE PROTECTION DISTRICT HAS LEGAL TITLE TO PROPERTY. The
33 legal title to all property acquired under the provisions of this chapter
34 shall immediately and by operation of law, vest in such fire protection dis-
35 trict, and shall be held by such district in trust for and is hereby dedicated
36 and set apart to the uses and purposes set forth in this act chapter. Said
37 board is hereby authorized and empowered to hold, use, acquire, manage,
38 occupy, possess, sell, convey and dispose of said property, whether real or
39 personal, as in this chapter provided; and to institute and maintain any and
40 all actions and proceedings, suits at law or in equity necessary or proper in
41 order to fully carry out the provisions of this act chapter, or to enforce,
42 maintain, protect or preserve any and all rights, privileges and immunities
43 created by this act chapter or acquired in pursuance thereof. In all courts,
44 actions, suits or proceedings, the said board may sue, appear and defend, in
45 person or by attorneys, and in the name of such fire protection district.
46 SECTION 17. That Section 31-1417A, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 31-1417A20. PROCEDURE FOR SALE, CONVEYANCE AND DISPOSITION OF PROPERTY.
49 Real or personal property of a fire protection district may be sold, conveyed,
50 and disposed of by its board of commissioners whenever the board finds and by
14
1 resolution declares that the district no longer has use therefor, subject to
2 the following procedure:
3 (a1) If in the opinion of the board, any such personal property does not
4 exceed five ten thousand dollars ($510,000) in value, the same may be sold
5 without independent appraisal, notice, or competitive bids.
6 (b2) All such real property, and any such personal property exceeding
7 five that the board determines to exceed ten thousand dollars ($510,000) in
8 value, shall be appraised by three (3) disinterested residents of the county
9 in which the district is located, a certified appraiser who shall be selected
10 by the board. It may then be sold at public or private sale to the highest
11 bidder for cash at not less than its appraised value, after due notice. If the
12 property cannot be sold for the appraised value after reasonable efforts have
13 been made, the board may then sell the property for adequate and valuable con-
14 sideration as determined by the board.
15 (c3) Due notice of sale shall be accomplished if the notice shall
16 describe the property to be sold (legal description, if real property), state
17 the appraised value thereof (by separate items, if so appraised), and specify
18 the time, place, and conditions of sale.
19 (d4) Said notice shall be published in a newspaper having general circu-
20 lation in the district at least twice, the first publication thereof to be not
21 less than ten fifteen (105) days preceding the day of sale.
22 (e5) If such property is sold on terms, the board may contract for the
23 sale of the same for a period of years not exceeding ten (10) years, with an
24 annual rate of interest on all deferred payments not to exceed six twelve per-
25 cent (612%) per annum. The title to all property sold on contract shall be
26 retained in the name of the district until full payment has been made by the
27 purchaser. Any property sold by the board under the provisions of this sec-
28 tion, either for cash or on contract, shall be assessed by the county assessor
29 in the same manner and upon the same basis of valuation as though the pur-
30 chaser held a record title to the property so sold. The board shall have
31 authority to cancel any contract of sale, pursuant to law, if the purchaser
32 shall fail to comply with any of the terms of such contract, and retain all
33 payments paid thereon. The board may by agreement with the purchaser modify or
34 extend any of the terms of any contracts of sale, but the total period of
35 years shall not exceed ten (10) years.
36 (f6) Upon final payment pursuant to the sale of such real property, the
37 president and secretary, pursuant to resolution of the board, shall duly exe-
38 cute and deliver an appropriate deed to the purchaser, and upon the accom-
39 plishment of the sale of such personal property, the president and secretary,
40 pursuant to resolution of the board, shall duly execute and deliver an appro-
41 priate bill of sale to the purchaser.
42 (7) In addition to any other powers granted by law, the board of fire
43 commissioners may, at their discretion, grant to or exchange with the federal
44 government, the state of Idaho, any political subdivision, or taxing district
45 of the state of Idaho, with or without compensation, any real or personal
46 property or any interest in such property owned by the fire district or
47 acquired by tax deed, after adoption of a resolution that the grant or
48 exchange of property is in the public interest. Such resolution may be made at
49 any regularly or specially scheduled meeting of the board. Notice of such
50 grant or exchange shall be made in the same manner as set forth in subsections
51 (3) and (4) of this section. The fire protection district's execution and
52 delivery of the deed conveying an interest in the property shall operate to
53 discharge and cancel all levies, liens and taxes made or created for the bene-
54 fit of the fire protection district and to cancel all titles or claims of
55 title including claims of redemption to such real property asserted or exist-
15
1 ing at the time of such conveyance.
2 SECTION 18. That Section 31-1418, Idaho Code, be, and the same is hereby
3 repealed.
4 SECTION 19. That Chapter 14, Title 31, Idaho Code, be, and the same is
5 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
6 ignated as Section 31-1421, Idaho Code, and to read as follows:
7 31-1421. COMPENSATION AND BENEFITS -- EXPENSES -- LIABILITY. (1) Fire
8 district commissioners may receive reasonable compensation for their services
9 as commissioners. The fire protection board shall fix commissioner benefits
10 and compensation for the fiscal year. Compensation for performing district
11 business shall not exceed seventy-five dollars ($75.00) per day. District
12 business shall include time spent preparing for and attending regular and spe-
13 cial board meetings and meetings of committees established by the board. Addi-
14 tional compensation, if approved by a majority of the fire protection board,
15 may be calculated for commissioners who attend county or state agency meet-
16 ings, educational classes, seminars, and other miscellaneous district busi-
17 ness. Commissioners may also participate in the district's employee benefit
18 package in the same manner as employees or volunteers. Any proposed commis-
19 sioner benefits and annual compensation shall be published as a separate line
20 item in the annual budget of the fire protection district.
21 (2) Actual expenses of commissioners for travel, and other district
22 expenses approved by the board, shall be paid to the commissioners in addition
23 to their annual compensation and benefits. The payment for expenses shall be
24 paid from the funds of the fire protection district on either a per diem basis
25 or upon the presentation of itemized receipts to the treasurer.
26 (3) The board shall fix the annual compensation and benefits to be paid
27 to the other officers, agents and employees of the fire district, which shall
28 be paid out of the treasury of the fire district.
29 (4) The district shall be liable and responsible for the actions and
30 omissions of the commissioners, officers, agents and employees of the dis-
31 trict, when the commissioners, officers, agents and employees are performing
32 their duties within the course and scope of their employment with the dis-
33 trict, and on behalf of the district.
34 SECTION 20. That Section 31-1419A, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 31-1419A22. BUDGET AND HEARING -- NOTICE OF HEARING -- PUBLIC INSPECTION.
37 (1) The fire protection district board shall adopt a budget and shall cause a
38 public hearing to be held upon such budget, prior to certifying a tax levy to
39 the board of county commissioners of each county within the district, or hav-
40 ing a portion of its territory within the district.
41 (2) Notice of the budget hearing meeting shall be posted at least ten
42 (10) full days prior to the date of said meeting in at least one (1) conspicu-
43 ous place in each fire protection district to be determined by the board; a
44 copy of such notice shall also be published in a daily or weekly newspaper
45 published within such district, in one (1) issue thereof, during such ten (10)
46 day period. The place, hour and day of such hearing shall be specified in said
47 notice, as well as the place where such budget may be examined prior to such
48 hearing. A full and complete copy of such proposed budget shall be published
49 with and as a part of the publication of such notice of hearing.
50 (3) Such budget shall be available for public inspection from and after
16
1 the date of the posting of notices of hearing as in this section provided, at
2 such place and during such business hours as the board may direct.
3 (4) A quorum of the board shall attend such hearing and explain the pro-
4 posed budget and hear any and all objections thereto.
5 (5) The fiscal year of a fire protection district shall commence either
6 on the first day of October of each calendar year, or on the first day of Jan-
7 uary of each calendar year, as established by resolution of the fire protec-
8 tion district board of commissioners.
9 SECTION 21. That Section 31-1420, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 31-14203. LEVY. (1) Each year, immediately prior to the annual county
12 levy of taxes, the board of commissioners of each fire protection district,
13 organized and existing under this act chapter, may levy a tax upon all the
14 taxable property within the boundaries of such district sufficient to defray
15 the cost of equipping and maintaining the district of twenty-four hundredths
16 percent (.24%) of market value for assessment purposes, to be used for the
17 purposes of this act chapter and for no other purpose. The levy shall be made
18 by resolution entered upon the minutes of the board of commissioners of the
19 fire protection district, and it shall be the duty of the secretary of the
20 district, immediately after entry of the resolution in the minutes, to trans-
21 mit to the county auditor, county assessor and state board of equalization
22 certified copies of the resolution providing for such levy. Said taxes shall
23 be collected as provided by section 63-812, Idaho Code.
24 (2) If two (2) or more fire protection districts consolidate into one (1)
25 district, the provisions of section 63-802, Idaho Code, shall apply to the
26 consolidated district's budget request as if the former district which, in the
27 year of the consolidation, has the higher levy subject to the limitations of
28 section 63-802, Idaho Code, had annexed the other district or districts. In
29 addition, the consolidated district shall receive the benefit of foregone
30 increases accumulated by the former districts under section 63-802(1)(a),
31 Idaho Code.
32 SECTION 22. That Section 31-1421, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 31-14214. DUTIES OF COUNTY COMMISSIONERS. The board of county commission-
35 ers, at the time of making the annual county levies, shall make a levy upon
36 all the taxable property not exempt from taxation within each district within
37 the county in the same amount as the levy made by the board of commissioners
38 of each fire protection district, and shall certify such levy or levies to the
39 county auditor, and said auditor shall extend such levy on the rolls of the
40 county, as other county taxes are extended; such special taxes so levied, as
41 aforesaid, shall constitute a lien upon the property so assessed and shall be
42 due and payable at the same time and in all respects are to be collected in
43 the same manner as the state and county taxes, except that the tax collector
44 must keep a separate list thereof and must list said tax in his receipt to the
45 taxpayers and must pay to the county treasurer as he pays other taxes, specify
46 to the treasurer what taxes they are and take a separate receipt therefor, and
47 keep separate accounts thereof.
48 SECTION 23. That Section 31-1422, Idaho Code, be, and the same is hereby
49 amended to read as follows:
17
1 31-14225. EXEMPTIONS. (1) All public utilities, as defined in section
2 61-129, Idaho Code, shall be exempt from taxation under the provisions of this
3 act chapter and shall not be entitled to the privileges or protection hereby
4 provided without their consent in writing filed with the clerk of the board of
5 county commissioners. Provided however, the board of fire protection commis-
6 sioners, may enter into an agreement with a public utility for the purpose of
7 affording the privileges or protection provided by the fire protection dis-
8 trict to all, or such portion, of the property of the public utility as may be
9 agreed upon between the parties and upon such terms and conditions as may be
10 mutually agreed upon between the parties to the agreement.
11 (2) The board of county commissioners, upon application and recommenda-
12 tion of the board of fire protection commissioners, may, by an ordinance
13 enacted by not later than the second Monday of July, exempt all or a portion
14 of the unimproved real property within the district from taxation, and may
15 exempt all or a portion of the taxable personal property within the district
16 from taxation. Any ordinance of the board of county commissioners granting an
17 exemption from taxation under the provisions of this section must provide that
18 each category of property is treated uniformly. Notice of intent to adopt an
19 ordinance which exempts unimproved real property shall be provided to property
20 owners of record in substantially the same manner as required in section
21 67-6511(b), Idaho Code, as if the ordinance were making a zoning district
22 boundary change.
23 SECTION 24. That Section 31-1423, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 31-142326. HANDLING OF DISTRICT FUNDS. Such funds (1) The tax receipts
26 collected by the county as provided for in section 31-1424, Idaho Code, and
27 other funds shall immediately be paid over by the county treasurer to the
28 treasurer of the fire protection district, who shall deposit the same in a
29 bank and be handled in the manner prescribed by the state depository law and
30 all other funds received, by or on behalf of the district, shall be deposited
31 by the treasurer to the credit of the district fund and shall be drawn only
32 upon voucher and by check bearing the signature of the treasurer and counter-
33 signed by the president of such district, or and at least one (1) commis-
34 sioner, or in the event that the treasurer is unavailable, checks may be
35 signed by two (2) commissioners. Provided however, upon written resolution of
36 the board, such checks may be signed by a designated representatives who has
37 have been bonded in an amounts deemed appropriate by the board.
38 (2) It is hereby made the duty of the treasurer of the fire protection
39 district to keep account of the district's funds; to place to the credit of
40 the district all moneys received by him from the collector of taxes or from
41 any other officer charged with the collection of taxes as the proceeds of
42 taxes levied by the fire protection board, or from any other sources, and of
43 all other moneys belonging to the district and to pay over all moneys belong-
44 ing to the district on legally drawn warrants or orders of the district offi-
45 cers entitled to draw the same.
46 (3) No checks or warrants shall be signed until it is determined that the
47 payment has been legally authorized, that the money has been duly appropriated
48 by the board, and that such appropriation has not been exhausted. No checks or
49 warrants shall be drawn in excess of the moneys actually in the district trea-
50 sury. Provided however, warrants may be issued in anticipation of a levy
51 except as otherwise provided in this chapter. The district shall pay warrants
52 presented for payment provided there is money in the treasury for that pur-
53 pose.
18
1 (4) All warrants for the payment of an indebtedness of a fire protection
2 district which are unpaid due to lack of funds shall bear interest at a rate
3 to be fixed by the fire protection board from the date of the registering of
4 such unpaid warrants with the treasurer. Provided however, that the dollar
5 amount of the warrants shall not exceed the revenue provided for the year in
6 which the indebtedness was incurred.
7 SECTION 25. That Section 31-1424, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 31-14247. INDEBTEDNESS PROHIBITED -- EXCEPTIONS. The board of commission-
10 ers of a fire protection district organized pursuant to the provisions of this
11 chapter shall have no power to incur any debt or liability, except to the
12 extent for the purposes and in the manner hereinafter provided:
13 (a1) In the first year after organization, the board of a district may,
14 for the purpose of organization, to finance general preliminary expenses of
15 the district or for any other purpose of the fire protection district law, and
16 before making a tax levy, incur an indebtedness not exceeding in the aggregate
17 a sum equal to one cent ($.01) on each one hundred dollars ($100) of market
18 value for assessment purposes of all real and personal property within the
19 district.
20 (b2) Whenever the board of commissioners of a fire protection district
21 shall determine that the interest of said district and the public interest or
22 necessity require incurring an indebtedness exceeding the income and revenue
23 provided for the year for the purposes of (ia) acquiring, purchasing, con-
24 structing, improving and equipping lands, building sites and buildings
25 together with the necessary appurtenant facilities and equipment and (iib)
26 acquiring and purchasing suitable equipment and apparatus necessary to provide
27 fire protection, the board shall have the power and authority as hereinafter
28 provided to issue general obligation coupon bonds not to exceed in the aggre-
29 gate at any time two percent (2%) of market value for assessment purposes of
30 the real and personal property in said district.
31 Whenever the board of a district shall deem it advisable to issue general
32 obligation coupon bonds, the board shall provide for the issuance of such
33 bonds by ordinance which shall specify and set forth all the purposes, objects
34 and things required by section 57-203, Idaho Code, and make provision for the
35 collection of an annual tax sufficient to (ia) constitute a sinking fund for
36 the payment of the principal thereof within thirty (30) years from the time of
37 contracting said bonded indebtedness and (iib) to pay the interest on such
38 proposed bonds as it falls due.
39 The aforesaid ordinance shall also provide for holding an election, notice
40 of which shall be given for thirty (30) days in a newspaper or newspapers of
41 general circulation in the district. The election shall be conducted in the
42 manner and form, the returns canvassed, and the qualifications of electors of
43 the district voting or offering to vote shall be determined, as provided by
44 the pertinent and applicable provisions of title 34, Idaho Code. The voting at
45 such election must be by ballot and the ballot used shall be substantially as
46 follows: "In favor of issuing bonds to the amount of .......... dollars for
47 the purpose stated in Ordinance No. ......" and "Against issuing bonds to the
48 amount of ......... dollars for the purpose stated in Ordinance No. ......."
49 If at such election two-thirds (2/3) of the qualified electors voting at such
50 election, assent to the issuing of such bonds and the incurring of the indebt-
51 edness thereby created for the purposes, objects, and things provided in said
52 Ordinance No. ......, such bonds shall be issued in the manner provided by
53 chapter 2, title 57, Idaho Code, the municipal bond law of the state of Idaho.
19
1 Bonds issued pursuant to the provisions of this section and the income
2 therefrom shall be exempt from taxation except transfer and estate taxes.
3 SECTION 26. That Section 31-1424A, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 31-1424A8. CARRY OVER -- FUND BALANCE. The board of commissioners of a
6 fire protection district may accumulate fund balances at the end of a fiscal
7 year and carry over those fund balances into the ensuing fiscal year budget
8 for equipping and maintaining the district. A "fund balance" is the excess of
9 the assets of a fund over its liabilities and reserves.
10 SECTION 27. That Sections 31-1425, 31-1426, 31-1427, 31-1428 and 31-1430,
11 Idaho Code, be, and the same are hereby repealed.
12 SECTION 28. That Section 31-1429, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 31-1429. INCLUSION, ANNEXATION OR WITHDRAWAL OF AREA IN CITIES. Except as
15 otherwise provided in section 50-224, Idaho Code, aAny area embraced within
16 the limits of any city may, with the consent of the governing boards thereof
17 of such city and the respective fire protection district, expressed by ordi-
18 nance or resolution, be included within the limits of a fire protection dis-
19 trict, when formed, or be subsequently annexed thereto. Any area in any city
20 embraced within the limits of a fire protection district, shall, upon the con-
21 sent of the governing boards thereof of such city and fire protection
22 district, expressed by ordinance or resolution, be withdrawn from such fire
23 district.
24 SECTION 29. That Chapter 14, Title 31, Idaho Code, be, and the same is
25 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
26 ignated as Section 31-1430, Idaho Code, and to read as follows:
27 31-1430. COOPERATION AND RECIPROCATING USE OF FIREFIGHTING FORCES AND
28 APPARATUS OF DISTRICTS AND CITIES. Fire protection districts shall have all of
29 the powers given to political subdivisions of the state of Idaho as set forth
30 in section 67-2339, Idaho Code, and sections 67-2326 through 67-2333, Idaho
31 Code, inclusive, to enter into intra-agency and mutual aid agreements with
32 other political subdivisions and municipalities in Idaho, and in other states,
33 for the purposes of protecting life and property against loss by fire and for
34 all other purposes of this chapter. Any fire protection district or city fire
35 department extinguishing a fire or responding to a call for emergency assis-
36 tance to persons or property not situated within the taxing authority of the
37 fire district or city fire department, is authorized to charge a reasonable
38 fee for the services provided and shall have a lien upon property serviced,
39 which lien shall be filed of record against the property in the name of the
40 district or city in the time and manner provided by section 45-507, Idaho
41 Code, for liens of original contractors. Fire districts and cities are also
42 authorized to charge reasonable fees for services provided to residents
43 located within the fire district or city in accordance with the requirements
44 and procedures contained in sections 63-1311 and 63-1311A, Idaho Code, and
45 shall have a lien upon the property serviced as provided in this section.
46 SECTION 30. That Section 31-1430A, Idaho Code, be, and the same is hereby
47 repealed.
20
1 SECTION 31. That Section 31-1430B, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 31-1430B1. CONTRACTS BETWEEN FIRE PROTECTION DISTRICTS AND INDIVIDUAL
4 PROPERTY OWNERS OUTSIDE OF DISTRICT. Fire protection districts subject to the
5 conditions hereinafter set forth are hereby authorized to may, pursuant to the
6 discretion of the fire protection board, contract with individual property
7 owners whose property is situated outside of the external boundaries of the
8 fire protection district within the state of Idaho or within any neighboring
9 state to provide for the same measure of fire protection to such contracting
10 property owner as is provided to property owners within the boundaries of such
11 contracting fire protection districts. All such contracts shall be for a term
12 of one (1) year and shall commence at 12:01 A.M. a.m. on January 1 of such
13 year and expire at 12 midnight on December 31 of such year. Such cContracts
14 shall provide for a monetary consideration to be paid in advance by such prop-
15 erty owner and the monetary consideration provided to be paid therein shall be
16 based upon the cost of providing such service to such property owner, includ-
17 ing, but not limited to, covering the district's administrative and contract
18 preparation costs, including legal fees for preparation and review of the con-
19 tracts, and shall also take into consideration the distance between such prop-
20 erty and the fire station or other facility wherein the fire fighting fire-
21 fighting equipment of such fire protection district is kept.; and such
22 mMonetary consideration shall in no event be less than the amount that would
23 have been paid in taxes that would have been levied and assessed under the
24 provisions of this act chapter, if such property had been included within the
25 boundaries of said fire protection district. The power herein granted is sub-
26 ject to the limitation that no such contract may be entered into with any
27 property owner whose house and out-buildings outbuildings are situate further
28 distant from the firehouse or other facility wherein such district's fire pro-
29 tection equipment is kept than the point on the external boundary of such dis-
30 trict that is furthest distant from the firehouse or other facility wherein
31 such district's fire protection equipment is kept., and pProvided further,
32 however, that all of the contiguous lands of any contracting property owner
33 must be included in said contract unless a portion of such property owner's
34 lands are further distant from the firehouse where such district's fire fight-
35 ing firefighting equipment is kept than the point on the external boundary of
36 such fire protection district that is furthest distant from the firehouse, in
37 which case such portion of said lands must be excluded. For the purpose of
38 determining value of eligible property situate outside the state of Idaho, the
39 board of commissioners of such fire protection district shall determine as
40 nearly as possible what the assessed value of such lands outside the state of
41 Idaho would be if the same were situate within the state of Idaho.
42 SECTION 32. That Section 31-1431, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 31-14312. CONSTRUCTION OF ACT CHAPTER. The provisions of this act chapter
45 shall be liberally construed to affect effect the purposes thereof.
46 SECTION 33. That Sections 31-1432 and 31-1433, Idaho Code, be, and the
47 same are hereby repealed.
48 SECTION 34. That Section 31-1434, Idaho Code, be, and the same is hereby
49 amended to read as follows:
21
1 31-14343. CONTINUATION OF EXISTING DISTRICTS -- VALIDATING ACTS OF OFFI-
2 CERS. Nothing in this act chapter shall be construed as impairing the legality
3 or organization of any fire protection district heretofore organized pursuant
4 to law, nor the legality of any act of such district done in accordance with
5 the prior law, nor shall it be deemed to affect the legality of the election
6 of any officer of any such existing fire protection district, and all direc-
7 tors and officers duly elected, qualified and holding office at the time of
8 the taking effect of this act chapter, shall continue to serve in such office
9 until the expiration of their present terms; provided, however, that such fire
10 protection districts as have existed heretofore shall comply with the provi-
11 sions of this act chapter as soon as they can conveniently do so and thereaf-
12 ter be governed by the provisions of this act chapter. Nor shall anything in
13 this act chapter be deemed in any way to affect the existing indebtedness of
14 any fire protection district created under and by virtue of the provisions of
15 chapter 3, title 30, Idaho Code. All such existing fire protection districts,
16 and the lawful acts of their officers and agents, are hereby declared prima
17 facie lawful as de facto fire protection districts; provided, however, that
18 such districts shall comply with the provisions of this act chapter as soon as
19 they can conveniently do so and thereafter be governed by the provisions of
20 this act chapter.
21 SECTION 35. That Section 31-1435, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 31-14354. ANY DISSOLUTION. Dissolution of any fire protection district
24 organized under this chapter may be initiated by a petition signed by twenty-
25 five (25) or more of the holders of title, or evidence of title to real prop-
26 erty within the fire protection district aggregating not less than one thou-
27 sand (1,000) acres of contiguous territory, or consisting of contiguous terri-
28 tory of less extent, by having market value for assessment purposes of at
29 least five hundred thousand dollars ($500,000) at the last preceding county
30 assessment, or by a petition signed by at least twenty-five per cent percent
31 (25%) of the holders of title, or evidence of title, to the real property
32 within the fire protection district, requesting dissolution of such fire pro-
33 tection district, in the following manner:
34 The petition shall first be presented to the board of county commissioners
35 of each county in which the fire protection district is situated, signed by
36 the number of holders of title or evidence of title above provided, which
37 petition shall clearly designate the boundaries of the fire protection dis-
38 trict and shall state the name of the district and shall be accompanied by a
39 map thereof. The petition, together with all maps and other papers filed
40 therewith, shall, at proper hours, be open to public inspection in the office
41 of the clerk of the board of county commissioners between the date of their
42 said filing and the date of the election on the question of districts as here-
43 after provided. The petition may be in one (1) or in several papers. When such
44 petition is presented to the board of county commissioners, and filed in the
45 office of the clerk of the board, the said board shall set a time for hearing
46 of such petition, which time shall not be less than four (4) nor more than
47 six (6) weeks from the date of the presenting and filing of said petition. A
48 notice of the time of such hearing shall be published by said board, once a
49 week for three (3) successive weeks previous to the time set for such hearing,
50 in a newspaper published within the county in which said district is situated.
51 Said notice shall give the boundaries of the fire protection district and
52 shall state that a petition has been filed to dissolve the same, and that on
53 the date fixed for the hearing, any taxpayer within the district, may appear
22
1 and offer any objection to the dissolving of such district at the hearing and
2 testify and/or present exhibits upon any issue pertaining to the proposed dis-
3 solution of the fire district, or may object to or support the proposed disso-
4 lution.
5 After hearing and considering any and all objections to the dissolving of
6 said testimony and other evidence either made in favor of or in opposition to
7 the dissolution of the fire district, if the board of county commissioners
8 makes a sufficient factual finding that the majority of the residents of the
9 fire district will receive no benefit by continuing the existence of the fire
10 district, the county commissioners shall thereupon make an order either deny-
11 ing such petition or granting same the petition, with or without modification.
12 Provided however, the board of county commissioners, after hearing and consid-
13 ering all testimony and other evidence either in favor of or in opposition to
14 the dissolution of the fire district, cannot make a sufficient factual finding
15 that the majority of the residents of the fire district will receive no bene-
16 fit by continuing the existence of the fire district, the county commissioners
17 shall make an order denying the petition. After the county commissioners have
18 entered their order approving or denying such petition, the clerk of the board
19 of county commissioners shall cause to be published, a notice of election to
20 be held in such proposed fire protection district, for the purpose of deter-
21 mining whether or not the same shall be dissolved. Such notice shall plainly
22 and clearly designate the boundaries of the fire protection district, its
23 name, and further, that the election is to be held to decide the question of
24 whether the fire protection district shall be maintained or dissolved. Such
25 notice shall be published once in each week for three (3) successive publica-
26 tions prior to such election, in a newspaper published within the county
27 aforesaid.
28 Such notice shall require the electors to cast ballots which shall contain
29 the words "fire protection district dissolved .... yes" or: "fire protection
30 district dissolved .... no" or words equivalent thereto. No person shall be
31 entitled to vote at any election held under the provisions of this act
32 chapter, unless he shall possess all the qualifications required of electors
33 under the general laws of the state and be a resident of the district.
34 The election qualifications of electors and canvass of the ballots shall
35 be made in the same manner as provided for in sections 31-1406 and 31-1407,
36 Idaho Code.
37 If a majority of the electors voting at such election shall vote to dis-
38 solve the fire protection district, the board of county commissioners shall,
39 after certifying the results of such election, enter an order upon the minutes
40 of its official proceedings dissolving said fire protection district, and such
41 district shall thereupon be dissolved.
42 Provided, however, that whenever a petition requesting dissolution of a
43 fire protection district is signed by the holders of title, or evidence of
44 title, to all of the real property included within the fire protection dis-
45 trict and is presented to the board of county commissioners of the county in
46 which the fire protection district is situated, accompanied by a map clearly
47 designating the boundaries of the district, the board of county commissioners
48 shall set a time for hearing of such petition, which time shall not be less
49 than four (4) nor more than six (6) weeks from the date of the presenting and
50 filing of said petition. A notice of the time and place of such hearing shall
51 be published by said board once a week for three (3) successive weeks previous
52 to such hearing, in a newspaper published within the county in which the fire
53 protection district is situated. Said notice shall give the boundaries of the
54 fire protection district and shall state that a petition has been filed to
55 dissolve the same, and that on the date fixed for the hearing, any resident,
23
1 taxpayer, or creditor of such fire protection district may appear and offer
2 any objection to the dissolving of the fire protection district. If at such
3 hearing, no protests are made to the granting of the petition, the board of
4 county commissioners shall enter an order upon the minutes of its official
5 proceedings dissolving such fire protection district, and such district shall
6 thereupon be dissolved. If, however, any protests from residents, taxpayers,
7 or creditors of the district are entered at such hearing, the board of county
8 commissioners shall, within thirty (30) days of said hearing, determine
9 whether or not such fire protection district shall be dissolved and shall
10 cause an order to that effect to be entered upon the minutes of its official
11 proceedings. If the board determines that the fire protection district shall
12 be dissolved, such dissolution shall be effective as of the date of the entry
13 of such order upon the minutes.
14 The property of such district shall remain the property of the county in
15 which such district is located and any money remaining in the fund of such
16 district shall be expended in the maintenance and repair of the highways of
17 such district whether such highways at the time of the dissolution, are in the
18 incorporated territory or in unincorporated territory.
19 If the district is situated in two (2) or more counties, each board of
20 county commissioners shall coordinate the hearing date and the publications of
21 notice so that only one (1) hearing need be held. Unless otherwise agreed to
22 by each board of county commissioners involved, the hearing shall be held at
23 the administrative offices of the district, and the boards of county commis-
24 sioners are hereby specifically authorized to act in a joint manner for such
25 purposes. If an election is called, the boards of county commissioners shall
26 provide that the election be held on the same day in each county, and the
27 boards of county commissioners shall coordinate the canvass of the votes cast
28 and make one (1) joint announcement. If a majority of votes in any county are
29 against the dissolution of the district, such rejection shall void the disso-
30 lution of the district in all counties.
31 SECTION 36. That Section 31-1436, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 31-14365. SEPARABILITY. The several parts and provisions of this act
34 chapter are hereby declared independent and severable and the invalidity of
35 any part or feature thereof shall not affect, impair, or invalidate the
36 remainder of said section, or any part thereof.
37 SECTION 37. That Section 31-1437, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 31-14376. NONLIABILITY OF AGENCY FOR DELAY IN REPORT OF FIRE -- EXCEP-
40 TION. No person, corporation, partnership or association which is authorized
41 by any city fire department, fire protection district or by any volunteer fire
42 company to receive any report of fire or which agrees to receive and transmit
43 any the report to the fire department, fire protection district or volunteer
44 fire company, shall be liable in any civil action for damage to property or
45 persons, including death, caused by delay in reporting or failure to report
46 the fire, unless the delay or failure is the result of the gross negligence
47 of the person, corporation, partnership or association.
48 SECTION 38. That Section 31-1438, Idaho Code, be, and the same is hereby
49 amended to read as follows:
24
1 31-14387. LIABILITY FOR INDEBTEDNESS OF FIRE PROTECTION DISTRICTS AFTER
2 BOUNDARY CHANGES. Territory withdrawn from any fire protection district shall
3 continue to be subject to taxation for the payment of the principal of and
4 interest on any indebtedness, whether evidenced by bonds, notes, or other sim-
5 ilar evidences of indebtedness created by election outstanding upon the effec-
6 tive date of withdrawal as fully as though the territory had not been with-
7 drawn. For the purpose of discharging the indebtedness and interest thereon
8 and other obligations, the territory shall be considered a part of the dis-
9 trict the same as though not withdrawn. All provisions which could have been
10 used to compel the payment by the withdrawn territory of its portion of the
11 indebtedness and interest thereon had the withdrawal not occurred can be used
12 to compel the payment on the part of the withdrawn territory of the portion
13 for which it is liable. Provided, however, by mutual agreement, the entity
14 annexing or withdrawing territory from the district may acquire the capital
15 assets which represent the proceeds of the indebtedness and pay off or assume
16 the indebtedness to the extent otherwise permitted by law and the terms of the
17 underlying obligation.
18 SECTION 39. That Section 63-802, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 63-802. LIMITATION ON BUDGET REQUESTS -- LIMITATION ON TAX CHARGES --
21 EXCEPTIONS. (1) Except as provided in subsection (3) of this section for tax
22 year 1995, and each year thereafter, no taxing district shall certify a budget
23 request for an amount of property tax revenues to finance an annual budget
24 that exceeds the greater of:
25 (a) The dollar amount of property taxes certified for its annual budget
26 for any one (1) of the three (3) tax years preceding the current tax year,
27 whichever is greater, which amount may be increased by a growth factor of
28 not to exceed three percent (3%) plus the amount of revenue that would
29 have been generated by applying the levy of the previous year, not includ-
30 ing any levy described in subsection (4) of this section, to any increase
31 in market value subject to taxation resulting from new construction or
32 change of land use classification as evidenced by the value shown on the
33 new construction roll compiled pursuant to section 63-301A, Idaho Code;
34 and by the value of annexation during the previous calendar year, as cer-
35 tified by the state tax commission for market values of operating property
36 of public utilities and by the county assessor; or
37 (b) The dollar amount of property taxes certified for its annual budget
38 during the last year in which a levy was made; or
39 (c) The dollar amount of the actual budget request, if the taxing dis-
40 trict is newly created except as may be provided in subsection (1)(h) of
41 this section; or
42 (d) In the case of school districts, the restriction imposed in section
43 33-802, Idaho Code; or
44 (e) In the case of a nonschool district for which less than the maximum
45 allowable increase in the dollar amount of property taxes is certified
46 for annual budget purposes in any one (1) year, such a district may, in
47 any following year, recover the foregone increase by certifying, in addi-
48 tion to any increase otherwise allowed, an amount not to exceed one hun-
49 dred percent (100%) of the increase originally foregone. Said additional
50 amount shall be included in future calculations for increases as allowed;
51 or
52 (f) In the case of cities, if the immediately preceding year's levy sub-
53 ject to the limitation provided by this section, is less than 0.004, the
25
1 city may increase its budget by an amount not to exceed the difference
2 between 0.004 and actual prior year's levy multiplied by the prior year's
3 market value for assessment purposes. The additional amount must be
4 approved by sixty percent (60%) of the voters voting on the question at an
5 election called for that purpose and held on the date in May or November
6 provided by law, and may be included in the annual budget of the city for
7 purposes of this section; or
8 (g) A taxing district may submit to the electors within the district the
9 question of whether the budget from property tax revenues may be increased
10 beyond the amount authorized in this section, but not beyond the levy
11 authorized by statute. The additional amount must be approved by sixty-six
12 and two-thirds percent (66 2/3%) or more of the voters voting on the ques-
13 tion at an election called for that purpose and held on the May or Novem-
14 ber dates provided by section 34-106, Idaho Code. If approved by the
15 required minimum sixty-six and two-thirds percent (66 2/3%) of the voters
16 voting at the election, the new budget amount shall be the base budget for
17 the purposes of this section; or
18 (h) When a nonschool district consolidates with another nonschool dis-
19 trict or dissolves and a new district performing similar governmental
20 functions as the dissolved district forms with the same boundaries within
21 three (3) years, the maximum amount of a budget of the district from prop-
22 erty tax revenues shall not be greater than the sum of the amounts that
23 would have been authorized by this section for the district itself or for
24 the districts that were consolidated or dissolved and incorporated into a
25 new district; or
26 (i) In the instance or case of cooperative service agencies, the restric-
27 tions imposed in sections 33-315 through 33-318, Idaho Code.
28 (2) In the case of fire districts, during the year immediately following
29 the election of a public utility or public utilities to consent to be provided
30 fire protection pursuant to section 31-14225, Idaho Code, the maximum amount
31 of property tax revenues permitted in subsection (1) of this section may be
32 increased by an amount equal to the current year's taxable value of the con-
33 senting public utility or public utilities multiplied by that portion of the
34 prior year's levy subject to the limitation provided by subsection (1) of this
35 section.
36 (3) No board of county commissioners shall set a levy, nor shall the
37 state tax commission approve a levy for annual budget purposes which exceeds
38 the limitation imposed in subsection (1) of this section, unless authority to
39 exceed such limitation has been approved by a majority of the taxing
40 district's electors voting on the question at an election called for that pur-
41 pose and held pursuant to section 34-106, Idaho Code, provided however, that
42 such voter approval shall be for a period of not to exceed two (2) years.
43 (4) The amount of property tax revenues to finance an annual budget does
44 not include revenues from nonproperty tax sources, and does not include reve-
45 nue from levies that are voter approved for bonds, override levies or supple-
46 mental levies, plant facilities reserve fund levies, school emergency fund
47 levies or for levies applicable to newly annexed property or for levies appli-
48 cable to new construction as evidenced by the value of property subject to the
49 occupancy tax pursuant to section 63-317, Idaho Code, for the preceding tax
50 year.
STATEMENT OF PURPOSE
RS 16184
This legislation clarifies the purpose and policy of the Fire
Protection District statutes and cleans up various code sections,
renumbering these sections and making other technical corrections.
These corrections are necessary because of multiple amendments that
have been made to these sections of code prior to the 2006 legislative
session.
FISCAL NOTE
There is no fiscal impact.
Contact
Name: Representative Mary Lou Shepherd
Name: Senator Joyce Broadsword
Phone: (208) 332-1000
Name: Gary Gould
Phone: (208) 890-1337
STATEMENT OF PURPOSE/FISCAL NOTE H 763
REVISED REVISED REVISED REVISED