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	11
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

-- 1 of 2 --

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-	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 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

-- 2 of 2 --