FIRE PROTECTION DISTRICTS – Amends existing law to revise provisions regarding the residence qualifications for fire protection district commissioners.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
797
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
FIRE
PROTECTION
DISTRICTS;
AMENDING
SECTION
31
-
1409,
IDAHO
2
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
RESIDENCE
QUALIFICATIONS
FOR
3
FIRE
PROTECTION
DISTRICT
COMMISSIONERS;
AND
DECLARING
AN
EMERGENCY.
4
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
5
SECTION
1.
That
Section
31
-
1409,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
31
-
1409.
RESIDENCE
QUALIFICATIONS
OF
COMMISSIONERS
-
-
TERM
OF
OF
-
8
FICE
-
-
VACANCIES.
(1)
At
the
meeting
of
the
board
of
county
commissioners
9
at
which
the
fire
protection
district
is
declared
organized,
as
provided
10
by
section
31
-
1407,
Idaho
Code,
the
county
commissioners
shall
divide
the
1
1
fire
protection
district
into
three
(3)
subdivisions,
as
nearly
equal
in
12
population,
area
and
mileage
as
practicable,
to
be
known
as
fire
protection
13
commissioners
subdistricts
one,
two
and
three.
Not
more
than
one
(1)
of
the
14
fire
protection
district
commissioners
shall
be
a
resident
of
the
same
fire
15
protection
subdistrict,
except
that
any
commissioner
appointed
by
the
board
16
of
county
commissioners
under
section
31
-
1408,
Idaho
Code,
shall
not
be
dis
-
17
qualified
from
the
completion
of
the
initial
term
for
which
the
commissioner
18
was
appointed
because
of
the
subdistrict
in
which
the
commissioner
resides.
19
The
first
commissioners
appointed
by
the
board
of
county
commissioners
shall
20
serve
until
the
next
fire
protection
district
election,
at
which
time
their
21
successors
shall
be
elected.
The
term
of
office
for
fire
protection
com
-
22
missioners
shall
commence
on
the
second
Monday
of
January
succeeding
each
23
the
general
election.
Commissioners
appointed
or
elected
must
be
electors
24
Every
fire
protection
district
commissioner,
whether
appointed
or
elected,
25
shall
be
an
elector
residing
within
the
fire
protection
district
for
at
least
26
one
(1)
year
immediately
preceding
their
appointment
or
election
and
shall
27
be
an
elector
residing
in
the
subdistrict
that
the
commissioner
represents
28
for
a
period
of
at
least
ninety
(90)
consecutive
days
before
appointment
or
29
election
.
30
(2)
Any
fire
protection
commissioner
vacancy
occurring,
other
than
by
31
the
expiration
of
the
term
of
office,
shall
be
filled
by
the
fire
protec
-
32
tion
board.
If
a
duly
elected
or
appointed
fire
protection
commissioner
re
-
33
signs,
withdraws,
becomes
disqualified,
refuses
or,
without
first
provid
-
34
ing
signed
written
notice
of
a
temporary
vacancy,
becomes
otherwise
unable
35
to
perform
the
duties
of
office
for
longer
than
ninety
(90)
days,
the
board,
36
on
satisfactory
proof
of
the
vacancy,
shall
declare
the
office
vacant.
The
37
board
shall
fill
any
vacancies
within
sixty
(60)
days
of
learning
of
the
va
-
38
cancy.
When
a
vacancy
occurs,
the
board
shall
direct
the
secretary
to
cause
39
a
notice
of
the
vacancy
to
be
published
in
at
least
one
(1)
issue
of
a
newspa
-
40
per
of
general
circulation
within
the
district.
The
notice
shall
include
the
41
date
and
time
of
the
meeting
when
the
board
will
vote
to
fill
the
vacancy,
and
42

2
the
deadline
for
qualified
elector
residents
interested
in
being
appointed
1
to
the
position
to
submit
a
written
request
for
appointment
to
the
board.
2
Should
the
remaining
members
of
the
board
fail
to
agree
on
an
individual
to
3
fill
the
vacancy,
it
shall
select
the
individual
by
placing
the
names
of
all
4
interested
persons
who
received
the
highest
and
equal
number
of
votes
in
a
5
container.
The
fire
commissioner
with
the
most
continuous
length
of
service
6
shall
draw
one
(1)
name
from
the
container.
The
person
whose
name
is
drawn
7
shall
then
be
appointed
to
fill
the
vacancy.
8
(3)
If
more
than
fifty
percent
(50%)
of
the
elected
official
seats
on
9
a
fire
protection
district
board
of
commissioners
are
vacant,
any
remaining
10
member
of
the
fire
protection
district
board
of
commissioners,
or
any
elec
-
1
1
tor
of
the
fire
protection
district,
may
petition
the
board
of
county
com
-
12
missioners
of
the
county
or
counties
in
which
the
subdistrict
vacancies
are
13
situated
to
make
such
appointments
as
are
necessary
to
fill
the
vacancies
on
14
the
fire
protection
district
board
of
commissioners.
The
vacancies
shall
be
15
filled
by
the
board
or
boards
of
county
commissioners
within
sixty
(60)
days
16
of
receiving
a
written
petition.
Any
fire
commissioner
so
appointed
shall
17
serve
out
the
remainder
of
the
term
for
the
commissioner
last
serving
in
the
18
vacant
seat
to
be
filled
and
shall
be
a
resident
of
the
same
fire
protection
19
commissioners
subdistrict.
20
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
21
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
22
passage
and
approval.
23