TITLE 31

COUNTIES AND COUNTY LAW

CHAPTER 14

FIRE PROTECTION DISTRICT

31-1423.  Levy — recommended levy — election. (1) Each year, immediately prior to the annual county levy of taxes, the board of commissioners of each fire protection district, organized and existing under this chapter, may levy a tax upon all the taxable property within the boundaries of such district sufficient to defray the cost of equipping and maintaining the district of twenty-four hundredths percent (.24%) of market value for assessment purposes, to be used for the purposes of this chapter and for no other purpose. The levy shall be made by resolution entered upon the minutes of the board of commissioners of the fire protection district, and it shall be the duty of the secretary of the district, immediately after entry of the resolution in the minutes, to transmit to the county auditor and the county assessor certified copies of the resolution providing for such levy. Said taxes shall be collected as provided by section 63-812, Idaho Code.

(2)  (a) If two (2) or more fire protection districts consolidate into one (1) district, the provisions of section 63-802, Idaho Code, shall apply to the consolidated district’s budget request as if the former district which, in the year of the consolidation, has the higher levy subject to the limitations of section 63-802, Idaho Code, had annexed the other district or districts. In addition, the consolidated district shall receive the benefit of foregone increases accumulated by the former districts under section 63-802(1)(a), Idaho Code.

(b)  Provided however, that if the higher levy rate provided for in subsection (2)(a) of this section exceeds the lowest levy rate of any of the districts to be consolidated by more than three percent (3%), the commissioners of the districts consolidating shall recommend, by a majority of the commissioners of each district involved, at a public hearing where a quorum of each district board is present, a levy rate that falls between the highest levy rate and the lowest levy rate. In determining such recommended levy rate, the commissioners shall recommend a levy rate that shall be sufficient to defray the cost of equipping and maintaining the new consolidated district. If such recommended levy rate exceeds by more than three percent (3%) the lowest current district levy rate of any of the districts to be consolidated, an election shall be held in a manner consistent with the provisions of section 31-1414, Idaho Code. In such election, the electors residing in the fire protection districts seeking to consolidate shall vote to approve or disapprove the recommended levy rate and the proposed consolidation of districts. The question put to the electors shall be the same or similar to the question provided for in section 31-1414, Idaho Code, except that the question shall include, in addition to the language described in section 31-1414, Idaho Code, a reference to the recommended levy rate provided for in this section and a reference to the percentage change of such recommended levy rate from the levy rate in existence in each district in the immediately preceding year.

History:

[(31-1423) 31-1420, added 1943, ch. 161, sec. 20, p. 324; am. 1947, ch. 219, sec. 1, p. 525; am. 1965, ch. 119, sec. 1, p. 237; am. 1984, ch. 202, sec. 4, p. 496; am. 1988, ch. 316, sec. 1, p. 974; am. 1996, ch. 208, sec. 4, p. 661; am. 1996, ch. 322, sec. 10, p. 1039; am. 1997, ch. 117, sec. 1, p. 299; am. 1999, ch. 288, sec. 1, p. 714; am. 2002, ch. 172, sec. 1, p. 506; am. 2005, ch. 178, sec. 2, p. 551; am. and redesig. 2006, ch. 318, sec. 21, p. 1005; am. 2011, ch. 19, sec. 1, p. 57; am. 2013, ch. 185, sec. 2, p. 445.]