INITIATIVE PROCEDURES FOR FIRE PROTECTION DISTRICTS AND AMBULANCE SERVICE DISTRICTS

34-1801D. INITIATIVE PROCEDURES FOR FIRE PROTECTION DISTRICTS AND AMBULANCE SERVICE DISTRICTS. Each fire protection district and ambulance service district shall allow direct legislation by the people through the initiative to increase or decrease the property tax budget of the district. Such districts shall follow the procedures set forth in this chapter subject to the following provisions: (1) The county prosecuting attorney of the county in which the district office is located shall perform those duties assigned to the attorney general. (2) The district clerk shall perform those duties assigned to the secretary of state. (3) District initiative elections shall be held on the Tuesday following the first Monday in November in odd-numbered years. (4) Pursuant to section 34-1809, Idaho Code, the county prosecuting attorney of the county in which the district office is located shall prepare recommendations concerning revision of the initiative, shall issue a certificate of review to the district clerk, and shall prepare the ballot title and short title. (5) An action brought pursuant to section 34-1809, Idaho Code, challenging the ballot title or short title shall be brought in the district court in the county in which the district office is located. (6) To be eligible to sign a petition for a district initiative, a person shall be a qualified elector of the district at the time of signing thereon. (7) To perfect a petition for a district initiative, the petition shall have signatures from at least twenty percent (20%) of the total number of qualified electors voting in the most recent general district election actually held in November of an odd-numbered year. (8) The provisions of section 34-1805, Idaho Code, relating to the number of required signatures and geographic distribution of signatures shall not apply to district initiatives. (9) Any person who circulates a petition for a district initiative shall be a resident of the state of Idaho and at least eighteen (18) years of age and, pursuant to section 34-1807, Idaho Code, shall certify such person’s belief that each signer of the petition is a qualified elector of the state of Idaho and the district. (10) A copy of all petitions and signature sheets shall be kept by the district clerk as a public record. (11) The deadline for submission of signatures to the district clerk is one hundred eighty (180) days after the petitioners for initiative receive the official ballot title from the district clerk, or April 30 of the year of the initiative election, whichever is earlier. (12) Petitioners must submit the signed initiative petitions to the county clerk for verification no later than the close of business on the first day of May in the year of the initiative election, or one hundred eighty (180) days after the petitioners receive the official ballot title from the district clerk, whichever is earlier. (13) The county clerk shall have sixty (60) calendar days to verify the signatures as provided in section 34-1802(3), Idaho Code. (14) The district board shall have the option to adopt the property tax budget reduction proposed by initiative within thirty (30) days after the notification pursuant to section 34-1807, Idaho Code, provided that the petition has the required number of signatures. The district board shall hold a public hearing on the proposed property tax budget reduction within the thirty (30) day period, preceded by legal notice published once in the district at least seven (7) days preceding the hearing. If the property tax budget reduction is not adopted by the district board by the end of the thirty (30) day period, the initiative shall be put on the ballot. (15) As provided by sections 34-1812A through 34-1812C, Idaho Code, a voters’ pamphlet shall be prepared by the district clerk. (16) To be passed into law, an initiative shall be approved by the same percentage of votes cast as required for the passage of a budget increase pursuant to section 63-802(1)(h), Idaho Code. (17) The district board shall issue the proclamation provided by section 34-1813, Idaho Code. (18) The district clerk shall notify the county clerk and the state tax commission of any property tax budget change, within thirty (30) days after: (a) The proclamation by the district board provided in subsection (17) of this section; or (b) The approval by the district board of a property tax budget reduction that obviates the need to place the initiative on the ballot pursuant to subsection (14) of this section. (19) This section does not apply to bond elections.