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 ACT1 RELATING TO FIRE PROTECTION DISTRICTS; AMENDING SECTION 31-1409, IDAHO2 CODE, TO REVISE PROVISIONS REGARDING THE RESIDENCE QUALIFICATIONS FOR3 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 hereby6 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 commissioners9 at which the fire protection district is declared organized, as provided10 by section 31-1407, Idaho Code, the county commissioners shall divide the11 fire protection district into three (3) subdivisions, as nearly equal in12 population, area and mileage as practicable, to be known as fire protection13 commissioners subdistricts one, two and three. Not more than one (1) of the14 fire protection district commissioners shall be a resident of the same fire15 protection subdistrict, except that any commissioner appointed by the board16 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 commissioner18 was appointed because of the subdistrict in which the commissioner resides.19 The first commissioners appointed by the board of county commissioners shall20 serve until the next fire protection district election, at which time their21 successors shall be elected. The term of office for fire protection com-22 missioners shall commence on the second Monday of January succeeding each23 the general election. Commissioners appointed or elected must be electors24 Every fire protection district commissioner, whether appointed or elected,25 shall be an elector residing within the fire protection district for at least26 one (1) year immediately preceding their appointment or election and shall27 be an elector residing in the subdistrict that the commissioner represents28 for a period of at least ninety (90) consecutive days before appointment or29 election.30 (2) Any fire protection commissioner vacancy occurring, other than by31 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 unable35 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. The37 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 cause39 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 the41 date and time of the meeting when the board will vote to fill the vacancy, and42

2 the deadline for qualified elector residents interested in being appointed1 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 to3 fill the vacancy, it shall select the individual by placing the names of all4 interested persons who received the highest and equal number of votes in a5 container. The fire commissioner with the most continuous length of service6 shall draw one (1) name from the container. The person whose name is drawn7 shall then be appointed to fill the vacancy.8 (3) If more than fifty percent (50%) of the elected official seats on9 a fire protection district board of commissioners are vacant, any remaining10 member of the fire protection district board of commissioners, or any elec-11 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 are13 situated to make such appointments as are necessary to fill the vacancies on14 the fire protection district board of commissioners. The vacancies shall be15 filled by the board or boards of county commissioners within sixty (60) days16 of receiving a written petition. Any fire commissioner so appointed shall17 serve out the remainder of the term for the commissioner last serving in the18 vacant seat to be filled and shall be a resident of the same fire protection19 commissioners subdistrict.20

SECTION 2. An emergency existing therefor, which emergency is hereby21 declared to exist, this act shall be in full force and effect on and after its22 passage and approval.23