Idaho Code § 31-3220 — Idaho Code / Title 31 / Chapter 32 / Section 31-3220
31-3220 INABILITY TO PAY FEES — DEFINITIONS — AFFIDAVIT.
Status: in_force

31-3220. Inability to pay fees — Definitions — Affidavit. (1) For purposes of this section, the following definitions shall apply:

(a) "Action" means any civil suit, action, proceeding or appeal of any such action, including a habeas corpus action, but excluding proceedings brought pursuant to chapter 49, title 19, Idaho Code.

(b) "Court" means the district court (including its magistrates division), the court of appeals of Idaho or the supreme court of Idaho.

(c) "Frivolous" means a claim which has no arguable basis in law or fact, or is substantially similar to a previous claim that has been dismissed with prejudice or is barred by res judicata or collateral estoppel.

(d) "Indigent" means a person who is not a prisoner, as defined in section 31-3220A, Idaho Code, and who is found by the court to be unable to pay fees, costs or give security for the purpose of prepayment of fees, costs or security in a civil action.

(e) "Malicious" means a claim which appears to be intended solely to harass the party.

(2) The court may authorize the commencement or defense of any action without prepayment of fees, costs or security, by any indigent person not a prisoner, providing:

(a) The person files an affidavit that he is indigent as provided in subsection (3) of this section, and unable to pay fees, costs or give security; and

(b) The court finds, after informal inquiry, that the person is indigent for the purpose of prepayment of fees, costs or security.

(3) The affidavit shall contain complete information as to:

(a) The person's identity;

(b) The nature and amount of his income;

(c) His spouse's income;

(d) The real and personal property owned;

(e) His cash or checking accounts;

(f) His dependents;

(g) His debts;

(h) His monthly expenses;

(i) The nature of the action;

(j) The affiant's belief that he is entitled to redress.

The affidavit shall also contain the following statements: "I am unable to pay the court costs. I verify that the statements made in this affidavit are true and correct." The affidavit shall be sworn as required by law.

(4) No fees, costs or security shall be waived at the commencement of an action if the court finds and certifies in writing that the action is frivolous, malicious or otherwise not taken in good faith.

(5) Upon the filing of an affidavit as set forth in this section and a finding that the person is indigent, the court may direct that the expense of printing the record and/or transcript for use on appeal be paid out of the district court fund of the county in which the action was filed.

(6) The officers of the court shall issue and serve all process, and perform all duties in cases in which the person is found by the court to be indigent. Witnesses shall attend as in other cases, and the same remedies shall be available in other civil cases. Payment of fees for service of process and witnesses, where required, shall be paid out of the district court fund of the county in which the action is filed.

(7) The court may retroactively require payment for any fees, costs or security which may have been waived in the action if the court finds that any allegation contained in the affidavit of inability to pay fees is untrue, or if the court is satisfied that the action is frivolous or malicious.

(8) Judgment may be entered for attorney fees and costs at the conclusion of the action as in other cases. If the cost of the transcript or printed record has been paid out of the district court fund for the prevailing party, that party may be taxed in favor of the district court fund.

History:

[31-3220, added 1977, ch. 228, sec. 1, p. 680; am. 1979, ch. 222, sec. 1, p. 617; am. 1996, ch. 420, sec. 6, p. 1402.]
Idaho Code § 31-874 — Idaho Code / Title 31 / Chapter 8 / Section 31-874
31-874 PROCEEDINGS AND RECORDS OF MEDICAL INDIGENTS.
Status: in_force

31-874. Proceedings and records of medical indigents. All proceedings and records related to medical indigency pursuant to the provisions of chapters 34 and 35, title 31, Idaho Code, shall be subject to disclosure according to chapter 1, title 74, Idaho Code, and shall not be subject to the provisions of chapter 2, title 74, Idaho Code.

History:

[31-874, added 1988, ch. 332, sec. 1, p. 994; am. 1990, ch. 213, sec. 27, p. 505; repealed 1990, ch. 87, sec. 1, p. 178; reinstated 1991, ch. 233, sec. 1, p. 553; am. 2015, ch. 141, sec. 53, p. 419; am. 2025, ch. 82, sec. 92, p. 377.]
Idaho Code § 31-905 — Idaho Code / Title 31 / Chapter 9 / Section 31-905
31-905 RECORDING AND FILING OF DECREE.
Status: in_force

31-905. Recording and filing of decree. When an order is made and entered by the court approving, modifying, or disapproving the order of the board of county commissioners canceling or adjusting any taxes heretofore or hereafter levied, a copy of the order or decree of the court certified by the clerk shall be recorded in the minutes of the board, and if the court approves or modifies the order of the board, certified copies of such decree and order of the court shall also be delivered to the county tax collector and the auditor for their information and guidance, and proper entries shall be made on the tax rolls and other records to show the cancelation or adjustment as finally approved by the court.

History:

[31-905, added 1935 (1st E.S.), ch. 52, sec. 5, p. 137.]
Idaho Code § 31-866 — Idaho Code / Title 31 / Chapter 8 / Section 31-866
31-866 CONTRACTS FOR PUBLIC BENEFIT — DESIGNATED GRANTEE.
Status: in_force

31-866. Contracts for public benefit — Designated grantee. (1) The boards of county commissioners in their respective counties shall have the authority and power to enter into contracts with private nonprofit corporations to promote, maintain, and administer projects and programs that the board of county commissioners considers to be of public benefit, and the purpose of which is to carry on programs concerning the aged.

(2) The board of county commissioners may become the designated grantee and receive funding to sponsor, promote and administer such public activities as they may deem beneficial.

History:

[I.C., sec. 31-866, as added by 1973, ch. 166, sec. 1, p. 318.]
Idaho Code § 31-5309 — Idaho Code / Title 31 / Chapter 53 / Section 31-5309
31-5309 COUNTY ASSESSOR.
Status: in_force

31-5309. County assessor. For purposes of this act, the duties of the county assessor shall be as provided in title 63, Idaho Code, and as otherwise prescribed by law. A county assessor:

(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or

(2) Shall be elected to a term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or

(3) Shall be appointed by the manager with the advice and consent of the board of county commissioners, be supervised by the manager and perform all the duties of the office; or

(4) The office shall be eliminated with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the resolution or petition. The resolution or petition shall identify those duties of the office for which each other officer or appointee shall be responsible.

History:

[31-5309, added 1996, ch. 283, sec. 4, p. 932.]
Idaho Code § 31-603 — Idaho Code / Title 31 / Chapter 6 / Section 31-603
31-603 CORPORATE NAME.
Status: in_force

31-603. Corporate name. The name of a county designated in the law creating it is its corporate name, and it must be known and designated thereby in all actions and proceedings touching its corporate rights, property and duties.

History:

[(31-603) R.S., sec. 1732; reen. R.C. & C.L., sec. 1900; C.S., sec. 3398; I.C.A., sec. 30-503.]
Idaho Code § 31-706 — Idaho Code / Title 31 / Chapter 7 / Section 31-706
31-706 QUORUM — TEMPORARY CHAIRMAN — ADMINISTERING OATHS.
Status: in_force

31-706. Quorum — Temporary chairman — Administering oaths. A majority of the board constitutes a quorum. The chairman must preside at all meetings of the board, and in case of his absence or inability to act, the members present must, by an order, select one of their number to act as chairman temporarily. Any member of the board or its clerk may administer oaths to any person concerning any matter submitted to them or connected with their powers or duties.

History:

[(31-706) 1868, p. 100, sec. 6; R.S., sec. 1751; reen. R.C. & C.L., sec. 1909; C.S., sec. 3607; I.C.A., sec. 30-606.]
Idaho Code § 31-109 — Idaho Code / Title 31 / Chapter 1 / Section 31-109
31-109 BLAINE COUNTY.
Status: in_force

31-109. Blaine county. Blaine county is described as follows: beginning at the southeast corner of township two (2) south, range seventeen (17) east, thence east along the township line between townships two (2) and three (3) south, to the intersection of the same with the line between ranges twenty-five (25) and twenty-six (26) east; thence south along the said range line to the middle of the channel of Snake river; thence up the center of the said channel of Snake river to the point of intersection with the range line between ranges twenty-seven (27) and twenty-eight (28) east; thence north along and upon said range line to the northwest corner of township nine (9) south, range twenty-eight (28) east; thence east upon and along the north line of said township nine (9) south, to the northeast corner of section four (4), township nine (9) south, range twenty-eight (28) east; thence in a northerly direction along and upon the section line which when surveyed will be between sections thirty-three (33) and thirty-four (34), township eight (8) south, range twenty-eight (28) east; and an extension of such line to the point where such extended line will intersect with the township line which when surveyed will be the township line between townships seven (7) and eight (8) south, range twenty-eight (28) east; thence west upon the township line to a point which when surveyed will be the southwest corner of township seven (7) south, range twenty-eight (28) east; thence north along and upon the range line which when surveyed will be the range line between ranges twenty-seven (27) and twenty-eight (28) east to a point which when surveyed and established will be the northwest corner of township four (4) south, range twenty-eight (28) east; thence east along and upon the north line of said township four (4) south to the northeast corner of township four (4) south, range twenty-nine (29) east; thence north along the range line between townships twenty-nine (29) and thirty (30) east, to the northeast corner of township two (2) south, range twenty-nine (29) east, thence west to what will be, when surveyed, the southwest corner of township one (1) south, range twenty-seven (27) east; thence north to what will be, when surveyed, the southwest corner of township one (1) north, range twenty-seven (27) east; thence west to the southeast corner of section thirty-one (31) in township one (1) north, range twenty-four (24) east; thence north to the summit of the range of mountains dividing the headwaters of Fish creek, Cottonwood creek and Copper creek from the waters of Lava creek, Champagne creek and Antelope creek; thence northwesterly along the summit of said range of mountains to the southern boundary line of Custer county; thence westerly along and upon the summit of the range of mountains dividing the headwaters of the East Fork of the Salmon river from the waters of the Little and Big Wood rivers and continuing westerly on the said divide between the East Fork of the Salmon and Wood rivers to the intersection of the longitude line of longitude one hundred fourteen (114) degrees, forty (40) minutes west from Greenwich; thence north on said longitude line to a point on said divide due east of the northeast corner of section twenty-four (24), township seven (7) north, range fourteen (14) east; thence due west to the northeast corner of section twenty-four (24), township seven (7) north, range fourteen (14) east; thence west along and upon the section lines to the corner of sections fifteen (15), sixteen (16), twenty-one (21) and twenty-two (22), township seven (7) north, range fourteen (14) east; thence north along and upon the section lines to the corner of sections three (3) and four (4) and thirty-three (33) and thirty-four (34), township seven (7) and eight (8) north, range fourteen (14) east; thence north along and upon the section lines to the one-quarter (1/4) section corner between sections twenty-seven (27) and twenty-eight (28), township eight (8) north, range fourteen (14) east; thence west along and upon the one-quarter (1/4) section lines to the west one-quarter (1/4) section corner of section thirty (30), township eight (8) north, range fourteen (14) east; thence southwesterly along and upon the summit of the mountains dividing the waters of Yellow Belly lake and Pettit lake to the summit of the Sawtooth mountains; thence following the summit of the said mountains to where the trail crosses the summit of what is known as Mattingly creek divide on the boundary line of Camas county; thence southeasterly along the boundary line of Camas county to the place of beginning.

County seat–Hailey.

History:

[(31-109) Compiled and reen. C.L. 3:9; C.S., sec. 13; am. 1921, ch. 210, sec. 2, p. 420; am. 1925, ch. 189, sec. 1, p. 345; I.C.A., sec. 30-109.]
Idaho Code § 31-3402 — Idaho Code / Title 31 / Chapter 34 / Section 31-3402
31-3402 CONTRACT FOR MAINTENANCE OF INDIGENT.
Status: in_force

31-3402. Contract for maintenance of indigent. The boards of county commissioners in their respective counties, may contract for the care, protection and maintenance of the nonmedically indigent of the county. They shall require the contractor to enter into a bond to the county with two (2) or more approved sureties, in such sum as the boards may fix, conditioned for the faithful performance of his duties and obligations as such contractor, and require him to report to the board no less than quarterly all persons committed to his charge, showing the expense attendant upon their care and maintenance.

History:

[31-3402, added 1992, ch. 83, sec. 3, p. 258.]
Idaho Code § 31-145 — Idaho Code / Title 31 / Chapter 1 / Section 31-145
31-145 VALLEY COUNTY.
Status: in_force

31-145. Valley county. Valley county is described as follows: beginning at the southwest corner of section thirty-four (34), township ten (10) north, range two (2) east, on the second (2d) standard parallel north;

Southern boundary. Thence east along the said second (2d) standard parallel, five (5) miles to the center of the North Fork of Payette river; thence northerly along the river to the intersection with the line between townships ten (10) and eleven (11) north; thence east to the ridge dividing the waters of the Salmon and Payette rivers; thence northeasterly along the said ridge and along the ridge dividing Bear Valley creek and Cape Horn creek, to the head of the Middle Fork of the Salmon river;

Eastern boundary. Thence northerly along the said river to the intersection of the fifth (5th) standard parallel north;

Northern boundary. Thence west to the divide separating the waters of the Salmon and Payette rivers;

Western boundary. Thence westerly and southerly along the said divide and the divide between Payette and Weiser rivers, to the line between townships thirteen (13) and fourteen (14) north; thence east to the southwest corner of township fourteen (14) north, range three (3) east; thence south twelve (12) miles to the southwest corner of township twelve (12) north, range three (3) east; thence west three (3) miles to the northwest corner of section three (3), township eleven (11) north, range two (2) east; thence south twelve (12) miles, to the place of beginning.

County seat–Cascade.

History:

[(31-145) Compiled and reen. C.L. 3:42; C.S., sec. 49; I.C.A., sec. 30-145.]
Idaho Code § 31-4322 — Idaho Code / Title 31 / Chapter 43 / Section 31-4322
31-4322 BOND ISSUES AUTHORIZED — FORM AND TERMS.
Status: in_force

31-4322. Bond issues authorized — Form and terms. To carry out the purposes of this chapter and to pay the necessary expenses of the district, the board is hereby authorized to issue negotiable coupon bonds of the district. Bonds shall be due and payable serially either annually or semiannually, commencing not later than three (3) years and extending not more than thirty (30) years from date. The form and terms of said bonds, including provisions for the rate of interest, their payment, and redemption shall be determined by the board. If the board so determines, such bonds may be redeemable prior to maturity, upon payment of a premium not exceeding three per cent (3%) of the net principal thereof. Said bonds shall be executed in the name of, and on behalf of, the district and signed by the chairman of the board with the seal of the district affixed thereto, and attested by the secretary of the board. Said bonds shall be in such denominations as the board shall determine, and the bonds and coupons thereto attached shall be payable to bearer. Interest coupons shall bear the original or facsimile signature of the chairman of the board. In other respects, said bonds shall be issued, sold and paid in accordance with the provisions of the Municipal Bond Law of the state of Idaho.

History:

[I.C., sec. 31-4322, as added by 1971, ch. 71, sec. 1, p. 161.]
Idaho Code § 31-3608 — Idaho Code / Title 31 / Chapter 36 / Section 31-3608
31-3608 OFFICERS OF BOARD.
Status: in_force

31-3608. Officers of board. The county hospital board shall elect a chairman, vice-chairman, a secretary and a treasurer. The chairman and vice-chairman shall be members of the board. The secretary may be a member of the board or otherwise, as the board may determine. The treasurer may be a member of the board or otherwise, as the board may determine. The chairman or vice-chairman shall preside at all meetings, call special meetings and shall sign all minutes of the board when the same have been approved. The chairman or vice-chairman, or such other members of the board as the board may designate, shall be authorized by the board to approve disbursements of funds in the custody of the hospital board.

The secretary shall receive such pay as the board may direct, and shall keep the minutes of all meetings in a book provided for that purpose, and shall sign the same when said minutes have been approved.

The treasurer shall have custody of the moneys for which the hospital board is responsible, and shall disburse the same only upon authorization of the board. It shall be the duty of the treasurer to invest idle moneys. Such investment of idle moneys shall be limited to investments that carry an A rating or better by a commonly known rating service and that are authorized by the legislature for the state treasurer pursuant to sections 67-1210 and 67-1210A, Idaho Code. The treasurer shall receive such pay for services as the board may determine, and shall be required to file bond for the faithful performance of his duties as treasurer in an amount at least equal to the largest amount of money to come into his hands.

History:

[31-3608, added 1946 (1st E.S.), ch. 38, sec. 8, p. 75; am. 1982, ch. 340, sec. 5, p. 854; am. 2015, ch. 206, sec. 2, p. 634.]
Idaho Code § 31-301 — Idaho Code / Title 31 / Chapter 3 / Section 31-301
31-301 AUDITOR AND RECORDER'S RECORDS.
Status: in_force

31-301. Auditor and recorder's records. The ex officio auditor and recorder of any county in this state which has heretofore been, or may hereafter be, divided by the legislature shall, upon demand in writing by the ex officio auditor and recorder of any county which has been created, in whole or in part, from the territory of such divided county, deliver to the ex officio auditor and recorder of the county so created, in whole or in part, from such territory, all record books in his custody and control relating solely to persons and property situated in such newly-created county, together with all maps and plats relating to town sites, precincts, school districts, road districts and other municipalities situated wholly within the boundaries of such newly-created county, and the originals of all chattel mortgages relating to personal property within said newly-created county, and also all tax sale certificates and other papers relating wholly to, and covering property located entirely within such newly-created county. At the time of such delivery by the said ex officio auditor and recorder of the divided county, he shall take an itemized receipt from the ex officio auditor and recorder of the newly-created county, and file and keep the same in his office as a part of the records of said divided county.

History:

[(31-301) 1913, ch. 19, sec. 1, p. 89; reen. C.L. 145:1; C.S., sec. 3756; I.C.A., sec. 30-301.]
Idaho Code § 31-714 — Idaho Code / Title 31 / Chapter 7 / Section 31-714
31-714 ORDINANCES — PENALTIES.
Status: in_force

31-714. Ordinances — Penalties. The board of county commissioners may pass all ordinances and rules and make all regulations, not repugnant to law, necessary for carrying into effect or discharging the powers and duties conferred by the laws of the state of Idaho, and such as are necessary or proper to provide for the safety, promote the health and prosperity, improve the morals, peace and good order, comfort and convenience of the county and the inhabitants thereof, and for the protection of property therein, and may enforce obedience to such ordinances with such fines or penalties, including infraction penalties, as the board may deem proper; provided, that the punishment of any offense shall be by fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment.

History:

[31-714, added 1965, ch. 159, sec. 1, p. 308; am. 1976, ch. 145, sec. 1, p. 530; am. 1978, ch. 260, sec. 1, p. 566; am. 2000, ch. 35, sec. 1, p. 63; am. 2005, ch. 359, sec. 14, p. 1143.]
Idaho Code § 31-4121 — Idaho Code / Title 31 / Chapter 41 / Section 31-4121
31-4121 ALTERATION AND ANNEXATION OF TRANSLATOR DISTRICT BOUNDARIES — PROCEDURE.
Status: in_force

31-4121. Alteration and annexation of translator district boundaries — Procedure. The boundaries of a translator district created by authority of this act may be altered and outlying areas be annexed from territory contiguous to the district in the following manner:

(1) A petition shall be signed by resident real property owners within the proposed area, equal in number to not less than sixty percent (60%), within the area to be annexed;

(2) The petition shall designate the boundaries of the contiguous area to be annexed and ask that it be annexed to the existing translator district;

(3) The petition shall be transmitted to the clerk and recorder and the hearing and notice thereof shall be the same as provided by sections 31-4106 through 31-4108, Idaho Code;

(4) After the hearing, the board of county commissioners shall adopt a resolution either annexing the area to the existing television district or denying the petition.

History:

[31-4121, added 1969, ch. 308, sec. 21, p. 944; am. 2020, ch. 82, sec. 34, p. 204.]
Idaho Code § 31-5211 — Idaho Code / Title 31 / Chapter 52 / Section 31-5211
31-5211 COUNTY ASSESSOR.
Status: in_force

31-5211. County assessor. For purposes of this act, the duties of the county assessor shall be as provided in title 63, Idaho Code, and as otherwise prescribed by law. A county assessor:

(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or

(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or

(3) Shall be appointed by the executive with the advice and consent of the board of county commissioners, be supervised by the executive and perform all the duties of the office; or

(4) The office shall be eliminated as a separate office with the duties and responsibilities of the office to be performed by one (1) or more other qualified elected officers or appointed persons as provided in the resolution or petition. The resolution or petition shall specifically identify those duties of the office for which each other officer or appointee shall be responsible.

History:

[31-5211, added 1996, ch. 283, sec. 3, p. 927.]
Idaho Code § 31-5603 — Idaho Code / Title 31 / Chapter 56 / Section 31-5603
31-5603 SEVEN-MEMBER BOARD — DISTRICTS TO BE REDRAWN — ELECTION OF ADDITIONAL COMMISSIONERS.
Status: in_force

31-5603. Seven-member board — Districts to be redrawn — Election of additional commissioners. (1) Upon the adoption of the form of government provided in this chapter, at the regular meeting of the board in January, preceding any election of additional county commissioners, the board must divide the county into the number of districts equal to the number of commissioners approved by the electors. The districts established shall be as nearly equal in population as possible. The redrawing of an existing district which places the incumbent county commissioner for that district outside of its boundaries shall not disqualify or otherwise affect the qualifications of the commissioner during his incumbency.

(2) The four (4) additional commissioners shall be elected at the general election following the adoption of the form of government provided in this chapter.

(3) In no event shall the term of office of any incumbent member of the board of county commissioners be affected by the adoption of the form of government provided in this chapter.

History:

[31-5603, added 1996, ch. 283, sec. 7, p. 941.]
Idaho Code § 31-5302 — Idaho Code / Title 31 / Chapter 53 / Section 31-5302
31-5302 MANAGER — QUALIFICATIONS — APPOINTMENT.
Status: in_force

31-5302. Manager — Qualifications — Appointment. (1) The manager shall be the administrative head of the county and shall be appointed by the board of county commissioners on the basis of training, experience and administrative qualifications. The manager shall serve at the pleasure of the board and may be removed by the board at any time.

(2) The manager shall be appointed by the board as soon as practicable, but not later than six (6) months after the adoption of the commission-manager form of government.

(3) The board may appoint any county elected official to serve as the manager.

History:

[31-5302, added 1996, ch. 283, sec. 4, p. 929.]
Idaho Code § 31-3204 — Idaho Code / Title 31 / Chapter 32 / Section 31-3204
31-3204 VICTIM NOTIFICATION — FEE.
Status: in_force

31-3204. victim notification — fee. The court shall charge a fee of fifteen dollars ($15.00) for victim notification purposes to be paid by each person found guilty of each felony, misdemeanor or infraction under section 18-8001 or 49-301, Idaho Code, or first-time infraction under section 23-604 or 23-949, Idaho Code, except when the court orders such fee waived because the person is indigent and unable to pay such fee. Such fee shall be in addition to all other fines and fees levied. Such fee shall be paid to the county treasurer who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the state victim notification fund established in section 67-2912, Idaho Code.

History:

[31-3204, added 2012, ch. 114, sec. 1, p. 316; am. 2014, ch. 335, sec. 1, p. 828; am. 2016, ch. 344, sec. 9, p. 996; am. 2018, ch. 298, sec. 8, p. 713; am. 2023, ch. 78, sec. 7, p. 267.]
Idaho Code § 31-3911 — Idaho Code / Title 31 / Chapter 39 / Section 31-3911
31-3911 AMBULANCE SERVICE DISTRICT — DISTRICTS FORMED ON AND AFTER JULY 1, 2020.
Status: in_force

31-3911. ambulance service district — districts formed on and after July 1, 2020. The provisions of sections 31-3911 through 31-3922, Idaho Code, shall govern any ambulance service district formed on and after July 1, 2020:

(1) A petition to form an ambulance service district must be signed by no fewer than fifty (50) qualified electors within the proposed district. The petition shall designate the boundaries of the proposed district, shall state the name of the proposed district, and shall be accompanied by a map of the proposed district. The petition shall be filed with the county clerk and recorder of the county or counties in which the proposed district lies. Upon the filing of the petition, each county clerk shall examine the petition and certify whether the required number of petitioners have signed the petition.

(2) Any incorporated city that lies within the boundaries of a proposed ambulance service district must pass a resolution consenting to participation in the ambulance service district before the district may be formed. Copies of the city resolutions must be filed with the county clerk or clerks by the petitioners at the time of filing the petition.

(3) At the time of filing the petition, the petitioners shall deposit with the county clerk a sufficient sum of money to cover the cost of publication of the petition and all necessary notices. If the petition and notices are not published, the deposit shall be returned to the petitioners, and if there is any surplus remaining after paying for the publication as provided in this section, it shall be returned to the petitioners. If a district is created, the petitioners shall be reimbursed the amount of their deposit from the first tax moneys collected by the district.

(4) If the provisions of subsections (1), (2), and (3) of this section have been met, the clerk or clerks shall transmit the petition and city resolutions to the board or boards of county commissioners. Upon receipt of a duly certified petition, the board or boards of county commissioners shall cause the text of the petition to be published once a week for at least three (3) consecutive weeks in a newspaper of general circulation within the county or counties. With the publication of the petition, there shall be published a notice of the time of the meeting of the board of county commissioners when the petition will be heard and a statement that all persons interested may appear and be heard. No more than five (5) names attached to the petition shall appear in the publication and notice, but the number of signatures shall be stated. If the district is to be situated in two (2) or more counties, each board of county commissioners shall coordinate the hearing date and the publications of notice so that only one (1) hearing need be held.

(5) After hearing and considering any and all testimony, the county commissioners shall make an order denying or granting the petition, with or without modifications. Any order granting the petition shall state the name and fix the boundaries of the proposed district. The boundaries so fixed shall be the boundaries of the district after its organization is completed according to law. A map showing the boundaries of the proposed district as finally fixed and determined by the board or boards of county commissioners shall be prepared and filed in the office of the clerk of the county or counties.

(6) Following the issuance of an order by the county commissioners fixing the name and boundaries of the proposed district, the county clerk shall publish notice of an election to be held on the May or November election date set forth in section 34-106, Idaho Code, for the purpose of determining whether or not the proposed district shall be organized. The notice shall state the name and boundaries of the proposed district and shall state that a map showing the boundaries of the proposed district is on file in the clerk's office. The notice shall require the electors to cast ballots that contain the words "… ambulance service district, yes" or "… ambulance service district, no" or words equivalent thereto. The notice shall be published first no less than fifteen (15) days before the election and a second publication no less than five (5) days prior to the election in a newspaper of general circulation within the county. No person shall be entitled to vote at any election held under this section unless he possesses all the qualifications required of electors under the general laws of the state, and he is a resident of the proposed district.

(7) If the district is to be situated in two (2) or more counties, the boards of county commissioners shall provide that the election will be held on the same day in each county. The boards of county commissioners shall coordinate the canvass of the votes cast and make one (1) joint announcement.

(8)(a) If a majority of the votes cast in any county are against the formation of the district, the rejection shall void the organization of the district in all counties.

(b) If more than one-half (1/2) of the votes cast are in favor of creating the ambulance service district, the board or boards of county commissioners shall order that such territory is duly organized as an ambulance service district under the name designated on the ballot. A certified copy of the order shall be filed for record in the office of the county recorder of each county in which the district is located and shall be transmitted to the governor. From and after the date of filing the order, the organization of the district is complete.

History:

[31-3911, added 2020, ch. 209, sec. 9, p. 607.]
Idaho Code § 31-3405 — Idaho Code / Title 31 / Chapter 34 / Section 31-3405
31-3405 ELIGIBILITY CLASSIFICATIONS — DURATION OF ASSISTANCE FOR PURPOSES OF ELIGIBILITY.
Status: in_force

31-3405. Eligibility classifications — Duration of assistance for purposes of eligibility. The county is not obligated to provide nonmedical assistance for more than one (1) month in the aggregate in any twelve (12) month period to persons who are eligible for assistance. Assistance provided in any Idaho county shall apply toward the one (1) month benefit period. The board may determine the length of additional eligibility, consistent with the county resolution, for nonmedical services, based upon documentation submitted to them as requested.

History:

[31-3405, added 1992, ch. 83, sec. 3, p. 260; am. 1998, ch. 204, sec. 2, p. 725.]
Idaho Code § 31-2114 — Idaho Code / Title 31 / Chapter 21 / Section 31-2114
31-2114 NEGLECT TO SETTLE OR REPORT.
Status: in_force

31-2114. Neglect to settle or report. If any county treasurer neglects or refuses to settle or report as required in the two (2) preceding sections, he forfeits and must pay to the county the sum of $500.00 for every such neglect or refusal, and the board of commissioners must institute suits for the recovery thereof.

History:

[(31-2114) R.S., sec. 1852; reen. R.C. & C.L., sec. 2003; C.S., sec. 3575; I.C.A., sec. 30-1614.]
Idaho Code § 31-105 — Idaho Code / Title 31 / Chapter 1 / Section 31-105
31-105 BANNOCK COUNTY.
Status: in_force

31-105. Bannock county. Bannock county is described as follows: beginning at the intersection of the township line between townships four (4) and five (5) south, with the Snake river;

Western boundary. Thence down the Snake river southwesterly to the mouth of Portneuf river; thence up the Portneuf river to the intersection of the Portneuf river with the west boundary of section eight (8), township six (6) south, range thirty-four (34) east Boise meridian; thence south four and one-quarter (4 1/4) miles to the southeast corner of section thirty-one (31), township six (6) south, range thirty-four (34) east Boise meridian; thence west to the northeast corner of section six (6), township seven (7) south, range thirty-four (34) east, Boise meridian; thence south four (4) miles to the southeast corner of section nineteen (19); thence east one (1) mile to the northeast corner of section twenty-nine (29); thence south four (4) miles to the southeast corner of section eight (8) township eight (8) south, range thirty-four (34) east Boise meridian; thence east two (2) miles to the northeast corner of section fifteen (15); thence south two and one-half (2 1/2) miles to the east quarter (E1/4) corner of section twenty-seven (27); thence east one (1) mile to the east quarter (E1/4) corner of section twenty-six (26); thence south one and one-half (1 1/2) miles to the southeast corner of section thirty-five (35), township eight (8) south, range thirty-four (34) east Boise meridian; thence east one (1) mile to the northeast corner of section one (1), township nine (9) south, range thirty-four (34) east, Boise meridian; thence south two (2) miles to the southeast corner of section twelve (12); thence east two (2) miles to the northeast corner of section seventeen (17), township nine (9) south, range thirty-five (35) east, Boise meridian; thence south one and one-half (1 1/2) miles to the east quarter (E1/4) corner of section twenty (20); thence west one-half (1/2) mile to the center of section twenty (20); thence south two and one-half (2 1/2) miles to the south quarter (S1/4) corner of section thirty-two (32), township nine (9) south, range thirty-five (35) east, Boise meridian; thence east to the northeast corner of section five (5), township ten (10) south, range thirty-five (35) east, Boise meridian; thence south one and one-quarter (1 1/4) miles to the southeast corner of the northeast quarter (NE1/4) of the northeast quarter (NE1/4) of section eight (8); thence west one-quarter (1/4) mile; thence south one-quarter (1/4) mile; thence west one and one-quarter (1 1/4) miles; thence south three-quarters (3/4) of a mile; thence west one-quarter (1/4) mile to the southwest corner of lot one (1) of section eighteen (18), township ten (10) south, range thirty-five (35) east, Boise meridian; thence south on the range line three and three-quarter (3 3/4) miles to the southwest corner of township ten (10) south, range thirty-five (35) east, Boise meridian; thence east one and three-quarters (1 3/4) miles to the northwest corner of section four (4), township eleven (11) south, range thirty-five (35) east, Boise meridian; thence south one (1) mile to the northwest corner of section nine (9); thence east one-quarter (1/4) mile; thence south one-half (1/2) mile; thence east one-half (1/2) mile; thence south one-half (1/2) mile; thence east one-quarter (1/4) mile to the northwest corner of section fifteen (15); thence south one-half (1/2) mile to the west one-quarter (1/4) corner of section fifteen (15); thence east one (1) mile; thence south one-half (1/2) mile to the northwest corner of section twenty-three (23), township eleven (11) south, range thirty-five (35) east, Boise meridian; thence following the unbroken crest of the main mountain range to the southeast corner of section twenty-four (24), township eleven (11) south, range thirty-five (35) east, Boise meridian; thence southerly and easterly along the crest of the mountains between Malad and Marsh valleys to a point on the north and south center line of section thirty-three (33), township twelve (12) south, range thirty-six (36) east, Boise meridian; thence north to the center line of section twenty-eight (28), township twelve (12) south, range thirty-six (36) east, Boise meridian; thence east three and one-half (3 1/2) miles through the center of sections twenty-seven (27), twenty-six (26) and twenty-five (25) to the east quarter (E1/4) corner of section twenty-five (25), township twelve (12) south, range thirty-six (36) east, Boise meridian; thence south between ranges thirty-six (36) and thirty-seven (37) east, Boise meridian; to the top of the crest of the mountains between Malad and Marsh valleys; thence in an easterly and southerly direction on the crest of the mountains between Malad and Marsh valleys to a point on the Oxford mountain range where the same is intersected by the one-sixteenth (1/16) section line, eighty (80) rods, more or less, south of the township line between township thirteen (13) and fourteen (14) south.

Southern boundary. Thence east to the southeast corner of lot one (1), section four (4), township fourteen (14) south, range thirty-nine (39) east, Boise meridian; thence north six and one-quarter (6 1/4) miles to the northwest corner of section three (3), township thirteen (13) south, range thirty-nine (39) east, Boise meridian; thence east on township line sixteen and one-quarter (16 1/4) miles, more or less, to the summit of the Bear River range.

Eastern boundary. Thence north following the unbroken crest of the Bear River range to its intersection with the township line between townships nine (9) and ten (10) south; thence west on the township line to the southwest corner of section thirty-two (32), township nine (9) south, range forty-one (41) east, Boise meridian; thence north three (3) miles to the northwest corner of section twenty (20); thence west one (1) mile to the southwest corner of section eighteen (18), township nine (9) south, range forty-one (41) east, Boise meridian; thence north nine (9) miles to the northwest corner of section six (6), township eight (8) south, range forty-one (41) east, Boise meridian; thence west four (4) miles to the southwest corner of section thirty-three (33), township seven (7) south, range forty (40) east, Boise meridian; thence north six (6) miles to the northwest corner of section four (4), township seven (7) south, range forty (40) east, Boise meridian; thence west one and one-half (1 1/2) miles to the southwest corner of section thirty-one (31), township six (6) south, range forty (40) east, Boise meridian; thence north six (6) miles to the northwest corner of township six (6) south, range forty (40) east, Boise meridian; thence west six (6) miles to the southwest corner of township five (5) south, range thirty-nine (39) east, Boise meridian; thence north to the township line between townships four (4) and five (5) south.

Northern boundary. Thence west along said township line between townships four (4) and five (5) south to the place of beginning.

History:

[(31-105) Compiled and reen. C.L. 3:5; C.S., sec. 9; am. 1927, ch. 256, sec. 4, p. 431; I.C.A., sec. 30-105.]
Idaho Code § 31-4103 — Idaho Code / Title 31 / Chapter 41 / Section 31-4103
31-4103 ORGANIZATIONAL AREA.
Status: in_force

31-4103. Organizational area. Any area of the state may organize as a translator district for the performance of functions provided for in this act.

History:

[31-4103, added 1969, ch. 308, sec. 3, p. 944.]
Idaho Code § 31-5101 — Idaho Code / Title 31 / Chapter 51 / Section 31-5101
31-5101 APPOINTMENT OF STUDY COMMISSION.
Status: in_force

31-5101. Appointment of study commission. (1) The board of county commissioners may by resolution appoint a study commission, comprised of not less than five (5) nor more than nine (9) members, to study the existing form of county government, compare it to other optional forms and submit a report and any recommendations for change to the board.

(2) The board of county commissioners shall appoint a study commission upon the submission to it of a petition to appoint a study commission signed by petitioners equal in number to fifteen percent (15%) of the qualified electors voting in the county in the last general election.

(3) The resolution or petition shall state the number of commissioners to be appointed.

History:

[31-5101, added 1996, ch. 283, sec. 2, p. 921.]
Idaho Code § 31-1426 — Idaho Code / Title 31 / Chapter 14 / Section 31-1426
31-1426 HANDLING OF DISTRICT FUNDS.
Status: in_force

31-1426. Handling of district funds. (1) The tax receipts collected by the county as provided for in section 31-1424, Idaho Code, and other funds shall immediately be paid over by the county treasurer to the treasurer of the fire protection district, who shall deposit the same in a bank and be handled in the manner prescribed by the state depository law and all other funds received, by or on behalf of the district, shall be deposited by the treasurer to the credit of the district fund and shall be drawn only upon voucher and by check bearing the signature of the treasurer and at least one (1) commissioner, or in the event that the treasurer is unavailable, checks may be signed by two (2) commissioners. Provided however, upon written resolution of the board, checks may be signed by designated representatives who have been bonded in amounts deemed appropriate by the board.

(2) It is hereby made the duty of the treasurer of the fire protection district to keep account of the district's funds; to place to the credit of the district all moneys received by him from the collector of taxes or from any other officer charged with the collection of taxes as the proceeds of taxes levied by the fire protection board, or from any other sources, and of all other moneys belonging to the district and to pay over all moneys belonging to the district on legally drawn warrants or orders of the district officers entitled to draw the same.

(3) No checks or warrants shall be signed until it is determined that the payment has been legally authorized, that the money has been duly appropriated by the board, and that such appropriation has not been exhausted. No checks or warrants shall be drawn in excess of the moneys actually in the district treasury. Provided however, warrants may be issued in anticipation of a levy except as otherwise provided in this chapter. The district shall pay warrants presented for payment provided there is money in the treasury for that purpose.

(4) All warrants for the payment of an indebtedness of a fire protection district which are unpaid due to lack of funds shall bear interest at a rate to be fixed by the fire protection board from the date of the registering of such unpaid warrants with the treasurer. Provided however, that the dollar amount of the warrants shall not exceed the revenue provided for the year in which the indebtedness was incurred.

History:

[(31-1426) 31-1423, added 1943, ch. 161, sec. 23, p. 324; am. 1996, ch. 360, sec. 6, p. 1215; am. and redesig. 2006, ch. 318, sec. 24, p. 1006.]
Idaho Code § 31-4506 — Idaho Code / Title 31 / Chapter 45 / Section 31-4506
31-4506 SECURITY FOR REVENUE BONDS.
Status: in_force

31-4506. Security for revenue bonds. The principal of, and interest and premiums, if any, on any revenue bonds issued hereunder shall be secured by a pledge of the revenues and receipts out of which the same shall be made payable and may also be payable out of proceeds from the sale of the pollution control facility acquired with proceeds of such revenue bonds, but shall not be secured by the full faith and credit or the taxing power of the state of Idaho or of any political subdivision thereof. The resolution under which the revenue bonds are authorized to be issued and any indenture executed as security for the revenue bonds, may contain any agreements and provisions respecting the maintenance of the properties covered thereby, the fixing and collection of rents for any portions thereof leased by the county to others, the creation and maintenance of special funds from such revenues and the rights and remedies available in the event of default, including the designation of a trustee, which may be a bank or trust company, the principal place of business of which may be within or without the state of Idaho, all as the board shall deem advisable and not in conflict with the provisions hereof. Each pledge and agreement made for the benefit or security of any of the revenue bonds issued hereunder shall continue effective until the principal of, and interest and premiums, if any, on the revenue bonds for the benefit of which the same were made shall have been fully paid or provision for such payment duly made. In the event of default in such payment or in any agreements of the county made as a part of the contract under which the revenue bonds were issued, whether contained in the proceedings authorizing the revenue bonds or in any indenture executed as security therefor, said payment or agreement may be enforced by suit, mandamus or the appointment of a receiver in equity, or any one (1) or more of said remedies.

History:

[31-4506, added 1975, ch. 52, sec. 6, p. 105.]
Idaho Code § 31-5506 — Idaho Code / Title 31 / Chapter 55 / Section 31-5506
31-5506 COUNTY CLERK, EX OFFICIO AUDITOR AND RECORDER.
Status: in_force

31-5506. County clerk, ex officio auditor and recorder. For purposes of this act the duties and responsibilities of the county clerk shall be as provided in chapter 10, title 1, Idaho Code, and chapter 7, title 31, Idaho Code, or as otherwise prescribed by law; the duties of the county clerk as ex officio county auditor shall be as provided in chapter 23, title 31, Idaho Code, or as otherwise prescribed by law; and the duties of the county clerk as ex officio county recorder shall be as provided in chapter 24, title 31, Idaho Code, or as otherwise prescribed by law. A county clerk, ex officio auditor and recorder:

(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or

(2) Shall be elected to a different term of office specified in the petition or resolution, but not to exceed four (4) years, and perform all the duties of the office; or

(3) Shall be appointed by the board of county commissioners or the executive board with the advice and consent of the entire board of county commissioners, be supervised by the entire board or the executive board, as applicable, and perform all the duties and responsibilities of the office; or

(4) The office shall be divided into two (2) or three (3) separate offices, with the persons to fill those offices to be elected or appointed in the manner provided in subsection (1), (2) or (3) of this section. The petition or resolution shall identify the name, duties and responsibilities of each office; or

(5) The office shall be eliminated as a separate office with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the petition or resolution. The petition or resolution shall identify the duties of the office for which each other officer or appointee shall be responsible. The duties of the office as provided in chapter 10, title 1, Idaho Code, may not be consolidated with the office of the sheriff or prosecuting attorney.

History:

[31-5506, added 1996, ch. 283, sec. 6, p. 938; am. 1996, ch. 326, sec. 2, p. 1111.]
Idaho Code § 31-5008 — Idaho Code / Title 31 / Chapter 50 / Section 31-5008
31-5008 TREATMENT OF EXISTING ORDINANCES AND RESOLUTIONS.
Status: in_force

31-5008. Treatment of existing ordinances and resolutions. All ordinances and resolutions in effect at the time the optional form of government becomes effective shall continue in effect until repealed or amended in the manner provided by law.

History:

[31-5008, added 1996, ch. 283, sec. 1, p. 920.]
Idaho Code § 31-4313 — Idaho Code / Title 31 / Chapter 43 / Section 31-4313
31-4313 FISCAL YEAR — AUDIT.
Status: in_force

31-4313. Fiscal year — Audit. The fiscal year of each district shall commence on the first day of October of each year. The directors shall cause a full and complete audit of the financial statements of the district as required in section 67-450B, Idaho Code.

History:

[31-4313, added 1970, ch. 212, sec. 13, p. 599; am. 1980, ch. 351, sec. 1, p. 911; am. 1993, ch. 387, sec. 5, p. 1421.]
Idaho Code § 31-839 — Idaho Code / Title 31 / Chapter 8 / Section 31-839
31-839 COOPERATION WITH AGRICULTURAL EXTENSION WORK.
Status: in_force

31-839. Cooperation with agricultural extension work. The board of county commissioners of the several counties within the state of Idaho are hereby authorized and empowered to provide funds for demonstration work in agriculture and home economics within said counties and for the employment of extension agents in agriculture and home economics in cooperation with the University of Idaho and the United States department of agriculture.

History:

[(31-839) 1919, ch. 41, sec. 1, p. 139; C.S., sec. 3446; I.C.A., sec. 30-737.]
Idaho Code § 31-3102 — Idaho Code / Title 31 / Chapter 31 / Section 31-3102
31-3102 REFUSAL TO ACCOUNT IS EMBEZZLEMENT.
Status: in_force

31-3102. Refusal to account is embezzlement. Any county officer or deputy who shall neglect or refuse to account for and pay into the county treasury any money received as fees or compensation in excess of his actual and necessary expenses, incurred in the performance of his official duties, within ten (10) days after his quarterly settlement with the county, shall be guilty of embezzlement of public funds, and be punishable as provided for such offense.

History:

[(31-3102) 1899, p. 405, sec. 2; reen. R.C. & C.L., sec. 2116; C.S., sec. 3695; I.C.A., sec. 30-2602.]
Idaho Code § 31-4221 — Idaho Code / Title 31 / Chapter 42 / Section 31-4221
31-4221 FILING OF MINUTES AND REPORTS.
Status: in_force

31-4221. Filing of minutes and reports. (1) An authority shall file a copy of the minutes of all meetings with the clerk within ten (10) days after their approval by the authority.

(2) At least once a year, an authority shall file a report with the clerk of its activities for the preceding year, and shall make recommendations with reference to such additional legislation or other action as it deems necessary in order to carry out the purposes of this act.

(3) An authority shall file with the clerk a copy of the authority's financial reports, any claims and causes of action against the authority, and the authority's employee policy handbooks and any changes, modifications, or deletions to the handbooks.

History:

[31-4221, added 1970, ch. 211, sec. 21, p. 584; am. 1998, ch. 367, sec. 5, p. 1151.]
Idaho Code § 31-4702 — Idaho Code / Title 31 / Chapter 47 / Section 31-4702
31-4702 ORDER CREATING BOARD — APPOINTMENT AND SELECTION OF MEMBERS.
Status: in_force

31-4702. Order creating board — Appointment and selection of members. If the board enters an order creating a county museum board pursuant to subsection (6) of section 31-4701, Idaho Code, it shall immediately appoint five (5) persons to membership thereof, and make its action a matter of record. The members shall as nearly as possible be selected from the different localities of the county.

Appointments shall be made as follows: Three (3) members shall be appointed for a term of two (2) years and two (2) members shall be appointed for a term of three (3) years. Thereafter, each appointment shall be made for terms of three (3) years. Appointments shall expire on the third Monday in January. Any vacancy occurring on such county museum board shall be filled by appointment by the county commissioners at their first regular meeting after the occurrence of such vacancy.

History:

[31-4702, added 1990, ch. 393, sec. 1, p. 1103.]
Idaho Code § 31-833 — Idaho Code / Title 31 / Chapter 8 / Section 31-833
31-833 EMERGENCY ABATEMENT OF A CATASTROPHIC PUBLIC NUISANCE.
Status: in_force

31-833. emergency abatement of a catastrophic public nuisance. (1) If a chief executive officer of a county or a county sheriff determines that a public nuisance exists on federally managed land, and the chief executive officer of a county or the county sheriff also finds that the catastrophic public nuisance in question adversely affects, or constitutes a threat to, the public health, safety, and welfare of the people of the county, the chief executive officer of the county or the county sheriff may, after consulting with the attorney general, pursue all remedies allowed by law.

(2) In seeking an emergency abatement of a catastrophic public nuisance, a chief executive officer of a county or a county sheriff shall attempt, as much as possible, to coordinate with federal agencies and seek the advice of professionals, including private sector professionals, with expertise in abating a catastrophic public nuisance.

History:

[31-833, added 2016, ch. 366, sec. 1, p. 1077.]
Idaho Code § 31-401 — Idaho Code / Title 31 / Chapter 4 / Section 31-401
31-401 AUTHORITY FOR COUNTY CONSOLIDATION.
Status: in_force

31-401. Authority for county consolidation. Counties of the state of Idaho as they now exist, or may hereafter be created or exist, may be consolidated as in this act provided.

History:

[31-401, added 1933, ch. 135, sec. 1, p. 206.]
Idaho Code § 31-801 — Idaho Code / Title 31 / Chapter 8 / Section 31-801
31-801 GENERAL POWERS AND DUTIES.
Status: in_force

31-801. General powers and duties. The boards of county commissioners in their respective counties shall have jurisdiction and power, under such limitations and restrictions as are prescribed by law.

History:

[(31-801) R.S., sec. 1759; R.C., sec. 1917; am. 1913, ch. 143, sec. 1, p. 506; compiled and reen. C.L., sec. 1917; C.S., sec. 3415; I.C.A., sec. 30-701; am. 1989, ch. 73, sec. 1, p. 117.]
Idaho Code § 31-4312 — Idaho Code / Title 31 / Chapter 43 / Section 31-4312
31-4312 TREASURER OF BOARD — DUTIES.
Status: in_force

31-4312. Treasurer of board — Duties. The treasurer shall have custody of all funds belonging to the district, shall keep accurate accounts of all such district funds, shall keep all district funds in the banks or investments designated by the board, shall have custody of the financial records of the district, shall pay out district funds only upon legally authorized checks or warrants signed by the treasurer and countersigned by the president, shall perform all other duties which are provided in this act to be performed by the treasurer or which are directed or authorized by the board, and shall execute and file with the secretary an official bond in an amount to be fixed by the board but the costs of such bond shall be paid from district funds.

History:

[31-4312, added 1970, ch. 212, sec. 12, p. 599.]
Idaho Code § 31-4211 — Idaho Code / Title 31 / Chapter 42 / Section 31-4211
31-4211 REMOVAL OF COMMISSIONERS.
Status: in_force

31-4211. Removal of commissioners. A commissioner of an authority may be removed by a majority of the county commissioners at any time, with or without cause. The county commissioners shall cause to be sent a notice of the removal to the commissioner removed, the authority and the clerk.

History:

[31-4211, added 1970, ch. 211, sec. 11, p. 584; am. 1998, ch. 367, sec. 4, p. 1150.]
Idaho Code § 31-1413 — Idaho Code / Title 31 / Chapter 14 / Section 31-1413
31-1413 CONSOLIDATION OF DISTRICTS — HEARING — PROTEST — ELECTION.
Status: in_force

31-1413. Consolidation of districts — Hearing — Protest — Election. Any fire protection district may consolidate with one (1) or more existing fire protection districts subject to the following procedure, or pursuant to an election for consolidation as provided in section 31-1414, Idaho Code, and with the following effects:

(1) If, in the opinion of the board of any fire protection district, it would be to the advantage of said district to consolidate with one (1) or more other existing fire protection districts, the said board shall cause to be prepared an agreement for consolidation that shall among other things provide:

(a) The name of the proposed consolidated fire protection district;

(b) That all property of the districts to be consolidated shall become the property of the consolidated district;

(c) That all debts of the districts to be consolidated shall become the debts of the consolidated district;

(d) That the existing commissioners of the districts to be consolidated shall be the commissioners of the consolidated district until the next election, said election to be held pursuant to the provisions of section 31-1410, Idaho Code, at which three (3) commissioners shall be elected, unless the agreement of consolidation establishes a five (5) member board, in which case five (5) commissioners shall be elected. If the board consists of three (3) members, commissioners from fire protection subdistricts one and two shall be elected for terms of four (4) years, and the commissioner from fire protection subdistrict three shall be elected for a term of two (2) years. If the board consists of five (5) commissioners, the commissioners from fire protection subdistricts one, three and five shall be elected for terms of four (4) years, and the commissioners from fire protection subdistricts two and four shall be elected for an initial term of two (2) years. Thereafter, the term of all commissioners shall be four (4) years; and

(e) That the employees of the consolidated fire protection district shall be selected from the employees of the fire protection districts being consolidated, which employees shall retain the seniority rights under their existing employment contracts.

(2) After approval of the agreement of consolidation by each of the fire protection district boards involved, the boards of commissioners of each fire protection district shall hold a hearing not less than ten (10) or more than thirty (30) days thereafter and shall cause notice of the hearing, designating the time and place to be published in at least one (1) issue of a newspaper of general circulation within the district not less than five (5) days prior to the hearing. Any person supporting or objecting to the petition shall be heard at the hearing, if in attendance, and at the close of the hearing the board shall approve or reject the agreement of consolidation. If each board approves the agreement of consolidation, the agreement shall become effective and the consolidation of the district complete thirty (30) days after the approval unless within the thirty (30) days a petition signed by twenty-five percent (25%) of the qualified electors of one (1) of the fire protection districts objecting to the consolidation be filed with the secretary of the district. In the event of an objection, an election shall be held as provided in section 31-1405, Idaho Code, except that the question shall be "consolidation of…. fire protection district, yes," or "consolidation of…. fire protection district, no," or words equivalent thereto. If more than one-half (1/2) of the votes cast are yes, the agreement shall become effective. If more than one-half (1/2) of the votes cast are no, the agreement shall be void and of no effect; and no new consolidation shall be proposed for at least six (6) months following the date of the consolidation election.

(3) Upon the agreement of consolidation becoming effective, the board of the consolidated fire protection district shall file a certified copy of the agreement with the county recorder of each county in which such district is situated and shall comply with the provisions of section 63-215, Idaho Code. The consolidated district shall thereafter have the same rights and obligations as any other fire protection district organized under the statutes of this state.

History:

[(31-1413) 31-1411A, added 1967, ch. 95, sec. 1, p. 203; am. 1996, ch. 322, sec. 9, p. 1038; am. 1997, ch. 372, sec. 1, p. 1185; am. 1998, ch. 190, sec. 4, p. 693; am. and redesig. 2006, ch. 318, sec. 9, p. 996; am. 2013, ch. 185, sec. 1, p. 444; am. 2025, ch. 155, sec. 1, p. 762.]
Idaho Code § 31-123 — Idaho Code / Title 31 / Chapter 1 / Section 31-123
31-123 FRANKLIN COUNTY.
Status: in_force

31-123. Franklin county. Franklin county is described as follows: beginning at a point on the boundary line between the states of Utah and Idaho where the same is intersected by the section line between sections twenty-six (26) and twenty-seven (27), township sixteen (16) south, range thirty-seven (37) east;

Western boundary. Thence in a northerly direction along the section line as now surveyed to the southeast corner of section twenty-seven (27), township fourteen (14) south, range thirty-seven (37) east; thence easterly along section line as now surveyed, to the southeast corner of section twenty-six (26), township fourteen (14) south, range thirty-seven (37) east; thence continuing easterly along said line to a point which, when surveyed, will be the southeast corner of section twenty-five (25), township fourteen (14) south, range thirty-seven (37) east; thence northerly along the western boundary of township fourteen (14) south, range thirty-eight (38) east, as now surveyed, to its intersection with the one-sixteenth (1/16) section line eighty (80) rods, more or less, south of the township line between townships thirteen (13) and fourteen (14) south;

Northern boundary. Thence east to the western boundary line of Bear Lake county;

Eastern boundary. Thence in a southerly direction along the western boundary of Bear Lake county to its intersection with the boundary between the states of Idaho and Utah;

Southern boundary. Thence westerly along the said boundary line to the point of beginning.

County seat–Preston.

History:

[(31-123) Compiled and reen. C.L. 3:21; C.S., sec. 27; I.C.A., sec. 30-123.]
Idaho Code § 31-2213 — Idaho Code / Title 31 / Chapter 22 / Section 31-2213
31-2213 APPARENTLY GOOD PROCESS MUST BE EXECUTED.
Status: in_force

31-2213. Apparently good process must be executed. A sheriff, or other ministerial officer, is justified in the execution of, and must execute, all process and orders regular on their face and issued by competent authority, whatever may be the defect in the proceedings upon which they were issued.

History:

[(31-2213) 1863, p. 475, sec. 48; R.S., sec. 1882; reen. R.C. & C.L., sec. 2035; C.S., sec. 3607; I.C.A., sec. 30-1713.]
Idaho Code § 31-2005 — Idaho Code / Title 31 / Chapter 20 / Section 31-2005
31-2005 FAILURE TO APPOINT DEPUTY DURING ABSENCE.
Status: in_force

31-2005. Failure to appoint deputy during absence. Should any county officer who is granted leave of absence fail to appoint a deputy as required by this chapter, the act granting such leave of absence is null and void and the office vacant, and the vacancy must be filled by the board of county commissioners of the county.

History:

[(31-2005) 1874, p. 822, sec. 2; am. R.S., sec. 1817; reen. R.C. & C.L., sec. 1977; C.S., sec. 3547; I.C.A., sec. 30-1505.]
Idaho Code § 31-4904 — Idaho Code / Title 31 / Chapter 49 / Section 31-4904
31-4904 DISTRICT BOARD — QUORUM — MEETINGS.
Status: in_force

31-4904. District board — Quorum — Meetings. A district shall be governed by a board of directors consisting of not less than three (3) members, hereinafter referred to as the district board, which shall be vested with the authority, control and supervision of the district. The district board shall consist of one (1) commissioner from each participating county, appointed by the commissioners of the participating county. If the district includes only two (2) counties, the commissioners of the two (2) participating counties shall jointly appoint a third member of the district board. Ex officio, nonvoting members may be appointed by the district board. The district board shall designate one (1) of its members as president, shall appoint a treasurer, who need not be a member of the district board, and shall establish such other officers as it deems necessary. The district board shall adopt bylaws for its own operation and establish such regular meeting dates and times as it shall deem necessary. A majority of the voting members of the district board shall constitute a quorum, and a majority of the quorum present shall be sufficient to take any action. A member of the district board shall serve for a two (2) year term and may be reappointed by the commissioners appointing such member. Any member may be removed by the commissioners who originally appointed such member, at any time and for any reason. Any vacancy shall be filled by the original appointing commissioners. Members of a district board shall serve without compensation, but may be reimbursed for their actual expenses incurred in attending board meetings or conducting other district business under such rules as the district board may adopt. Regular and special meetings of a district board shall be conducted in compliance with chapter 2, title 74, Idaho Code.

History:

[31-4904, added 1990, ch. 390, sec. 1, p. 1087; am. 2015, ch. 141, sec. 58, p. 421.]
Idaho Code § 31-2409 — Idaho Code / Title 31 / Chapter 24 / Section 31-2409
31-2409 SEVERAL INDEXES IN SAME VOLUME.
Status: in_force

31-2409. Several indexes in same volume. The recorder may keep in the same volume any two (2) or more of the indexes required to be kept, but the several indexes must be kept distinct from each other, and the volume must be distinctly marked on the outside in such way as to show all the indexes kept therein. The names of the parties in the first column in the several indexes must be arranged in alphabetical order.

History:

[(31-2409) 1863, p. 475, sec. 73; R.S., sec. 2029; modified by 1907, p. 95; compiled and reen. R.C. & C.L., sec. 2068; C.S., sec. 3641; I.C.A., sec. 30-1909.]
Idaho Code § 31-716 — Idaho Code / Title 31 / Chapter 7 / Section 31-716
31-716 PROOF OF ORDINANCES.
Status: in_force

31-716. Proof of ordinances. All ordinances shall be passed pursuant to such rules and regulations not inconsistent with the general laws relating thereto as the board of county commissioners may provide; and all such ordinances may be proved by the certificate of the clerk under the seal of the board of county commissioners, and when printed or published in book or pamphlet form by authority of the board of county commissioners, shall be read and received in evidence in all courts and places without further proof.

History:

[31-716, added 1965, ch. 159, sec. 3, p. 308.]
Idaho Code § 31-3503 — Idaho Code / Title 31 / Chapter 35 / Section 31-3503
31-3503 REIMBURSEMENT.
Status: in_force

31-3503. Reimbursement. (1) An approved application for financial assistance for services received through March 31, 2022, shall obligate an applicant to reimburse the obligated county and the state for such reasonable portion of the financial assistance paid on behalf of the applicant as the county commissioners may determine that the applicant is able to pay from resources over a reasonable period of time. Cash amounts received shall be prorated between the county and the state in proportion to the amount each has paid. Moneys distributed to the state shall be deposited into the state general fund.

(2) A final determination shall not relieve the applicant's duty to make additional reimbursement from resources if the county commissioners subsequently find within a reasonable period of time that there has been a substantial change in circumstances such that the applicant is able to pay additional amounts up to the total claim paid on behalf of the applicant.

(3) A final determination shall not prohibit the county commissioners from reviewing a petition from an applicant to reduce an order of reimbursement based on a substantial change in circumstances.

(4) The automatic lien created pursuant to the chapter may be filed and recorded in any county of this state wherein the applicant has resources and may be liquidated or unliquidated in amount. Nothing herein shall prohibit an applicant from executing a consensual lien in addition to the automatic lien created by filing an application pursuant to this chapter. In the event that resources can be located in another state, the clerk may file the lien with the district court and provide notice to the recipient. The recipient shall have twenty (20) days to object, following which the district court shall enter judgment against the recipient. The judgment entered may thereafter be filed as provided for the filing of a foreign judgment in that jurisdiction.

(5) The county shall have the same right of recovery as provided to the state of Idaho pursuant to sections 56-218 and 56-218A, Idaho Code.

(6) The county commissioners may require the employment of such of the medically indigent as are capable and able to work and whose attending physician certifies they are capable of working.

(7) That portion of the moneys received by a county as reimbursement that are not assigned to the state shall be credited to the respective county current expense fund.

(8) The automatic lien attached to an application for services received through March 31, 2022, pursuant to this chapter as it existed on March 1, 2022, shall continue to be valid for the purposes of collecting reimbursement pursuant to this section.

(9) Upon receipt of a settlement application, the county commissioners may negotiate and settle a case for financial assistance paid, which includes full lien release, on behalf of the state.

History:

[(31-3503) 31-3510A, added 1983, ch. 215, sec. 4, p. 597; repealed 1990, ch. 87, sec. 1, p. 178; reinstated 1991, ch. 233, sec. 1, p. 553; am. 1996, ch. 410, sec. 21, p. 1369; am. 2008, ch. 189, sec. 2, p. 594; am. 2010, ch. 273, sec. 20, p. 704; am. 2011, ch. 291, sec. 20, p. 808; am. and redesig. 2022, ch. 318, sec. 31, p. 1020; am. 2023, ch. 32, sec. 3, p. 162.]
Idaho Code § 31-819 — Idaho Code / Title 31 / Chapter 8 / Section 31-819
31-819 PUBLICATION OF PROCEEDINGS.
Status: in_force

31-819. Publication of proceedings. To cause to be published monthly such statement as will clearly give notice to the public of all its acts and proceedings, and, shall include a brief financial summary indicating the total amount spent from each county fund during the month. A more detailed report of expenditures may be published if deemed necessary by the board. Annually, a full financial report shall be prepared and available for public inspection which shows for each fund the sources of income, expenditures during the year, current fund balances, and other financial information as determined by the board. Within thirty (30) days of the annual audit's preparation as provided in section 31-1701, Idaho Code, the board shall cause to be published a summary of the balance sheet and a summary of the statement of revenues and expenditures. Such statements as well as all other public notices of proceedings of, or to be had before the board, not otherwise specially provided for, must be published in accordance with the requirements of chapter 1, title 60, Idaho Code.

History:

[(31-819) R.S., sec. 1759; R.C., sec. 1917s, as added by 1913, ch. 143, sec. 2, p. 508; reen. C.L., sec. 1917s; C.S., sec. 3434; I.C.A., sec. 30-725; am. 1935, ch. 76, sec. 1, p. 131; am. 1951, ch. 294, sec. 1, p. 651; am. 1979, ch. 90, sec. 1, p. 217; am. 1989, ch. 73, sec. 12, p. 123; am. 1990, ch. 347, sec. 1, p. 937; am. 2008, ch. 37, sec. 1, p. 89.]
Idaho Code § 31-4914 — Idaho Code / Title 31 / Chapter 49 / Section 31-4914
31-4914 APPLICATION OF LAWS.
Status: in_force

31-4914. Application of laws. In the acquisition, construction, siting or other location of any facilities of a district, the district shall be subject to and shall comply with applicable zoning and building laws, ordinances and regulations of the governmental entity having jurisdiction over such location.

History:

[31-4914, added 1990, ch. 390, sec. 1, p. 1091.]
Idaho Code § 31-1434 — Idaho Code / Title 31 / Chapter 14 / Section 31-1434
31-1434 ANY DISSOLUTION.
Status: in_force

31-1434. Any dissolution. Dissolution of any fire protection district organized under this chapter may be initiated by a petition signed by at least twenty-five percent (25%) of the holders of title, or evidence of title, to the real property within the fire protection district, requesting dissolution of such fire protection district, in the following manner:

The petition shall first be presented to the board of county commissioners of each county in which the fire protection district is situated, signed by the number of holders of title or evidence of title above provided, which petition shall clearly designate the boundaries of the fire protection district and shall state the name of the district and shall be accompanied by a map thereof. The petition, together with all maps and other papers filed therewith, shall, at proper hours, be open to public inspection in the office of the clerk of the board of county commissioners between the date of their said filing and the date of the election on the question of districts as hereafter provided. The petition may be in one (1) or in several papers. When such petition is presented to the board of county commissioners, and filed in the office of the clerk of the board, the said board shall set a time for hearing of such petition, which time shall not be less than four (4) nor more than six (6) weeks from the date of the presenting and filing of said petition. A notice of the time of such hearing shall be published by said board, once a week for three (3) successive weeks previous to the time set for such hearing, in a newspaper published within the county in which said district is situated. Said notice shall give the boundaries of the fire protection district and shall state that a petition has been filed to dissolve the same, and that on the date fixed for the hearing, any taxpayer within the district, may appear at the hearing and testify and/or present exhibits upon any issue pertaining to the proposed dissolution of the fire district, or may object to or support the proposed dissolution.

After hearing and considering any and all testimony and other evidence either made in favor of or in opposition to the dissolution of the fire district, if the board of county commissioners makes a sufficient factual finding that the majority of the residents of the fire district will receive no benefit by continuing the existence of the fire district, the county commissioners shall make an order granting the petition, with or without modification. Provided however, the board of county commissioners, after hearing and considering all testimony and other evidence either in favor of or in opposition to the dissolution of the fire district, cannot make a sufficient factual finding that the majority of the residents of the fire district will receive no benefit by continuing the existence of the fire district, the county commissioners shall make an order denying the petition. After the county commissioners have entered their order approving or denying such petition, the clerk of the board of county commissioners shall cause to be published, a notice of election to be held in such proposed fire protection district, for the purpose of determining whether or not the same shall be dissolved. Such notice shall plainly and clearly designate the boundaries of the fire protection district, its name, and further, that the election is to be held to decide the question of whether the fire protection district shall be maintained or dissolved. Such notice shall be published once in each week for three (3) successive publications prior to such election, in a newspaper published within the county aforesaid.

Such notice shall require the electors to cast ballots which shall contain the words "fire protection district dissolved …. yes" or: "fire protection district dissolved …. no" or words equivalent thereto. No person shall be entitled to vote at any election held under the provisions of this chapter, unless he shall possess all the qualifications required of electors under the general laws of the state and be a resident of the district.

The election qualifications of electors and canvass of the ballots shall be made in the same manner as provided for in sections 31-1406 and 31-1407, Idaho Code.

If a majority of the electors voting at such election shall vote to dissolve the fire protection district, the board of county commissioners shall, after certifying the results of such election, enter an order upon the minutes of its official proceedings dissolving said fire protection district, and such district shall thereupon be dissolved.

Provided, however, that whenever a petition requesting dissolution of a fire protection district is signed by the holders of title, or evidence of title, to all of the real property included within the fire protection district and is presented to the board of county commissioners of the county in which the fire protection district is situated, accompanied by a map clearly designating the boundaries of the district, the board of county commissioners shall set a time for hearing of such petition, which time shall not be less than four (4) nor more than six (6) weeks from the date of the presenting and filing of said petition. A notice of the time and place of such hearing shall be published by said board once a week for three (3) successive weeks previous to such hearing, in a newspaper published within the county in which the fire protection district is situated. Said notice shall give the boundaries of the fire protection district and shall state that a petition has been filed to dissolve the same, and that on the date fixed for the hearing, any resident, taxpayer, or creditor of such fire protection district may appear and offer any objection to the dissolving of the fire protection district. If at such hearing, no protests are made to the granting of the petition, the board of county commissioners shall enter an order upon the minutes of its official proceedings dissolving such fire protection district, and such district shall thereupon be dissolved. If, however, any protests from residents, taxpayers, or creditors of the district are entered at such hearing, the board of county commissioners shall, within thirty (30) days of said hearing, determine whether or not such fire protection district shall be dissolved and shall cause an order to that effect to be entered upon the minutes of its official proceedings. If the board determines that the fire protection district shall be dissolved, such dissolution shall be effective as of the date of the entry of such order upon the minutes.

The property of such district shall remain the property of the county in which such district is located and any money remaining in the fund of such district shall be expended in the maintenance and repair of the highways of such district whether such highways at the time of the dissolution, are in the incorporated territory or in unincorporated territory.

If the district is situated in two (2) or more counties, each board of county commissioners shall coordinate the hearing date and the publications of notice so that only one (1) hearing need be held. Unless otherwise agreed to by each board of county commissioners involved, the hearing shall be held at the administrative offices of the district, and the boards of county commissioners are hereby specifically authorized to act in a joint manner for such purposes. If an election is called, the boards of county commissioners shall provide that the election be held on the same day in each county, and the boards of county commissioners shall coordinate the canvass of the votes cast and make one (1) joint announcement. If a majority of votes in any county are against the dissolution of the district, such rejection shall void the dissolution of the district in all counties.

History:

[(31-1434) 31-1435, added 1943, ch. 161, sec. 35, p. 324; am. 1945, ch. 115, sec. 1, p. 177; am. 1949, ch. 154, sec. 1, p. 330; am. 1974, ch. 52, sec. 1, p. 1112; am. 1980, ch. 350, sec. 8, p. 894; am. 1986, ch. 137, sec. 9, p. 371; am. and redesig. 2006, ch. 318, sec. 35, p. 1011.]
Idaho Code § 31-808 — Idaho Code / Title 31 / Chapter 8 / Section 31-808
31-808 SALE OF COUNTY PROPERTY — GENERAL PROCEDURE — SALE OF PROPERTY ACQUIRED THROUGH TAX DEED — PROCEDURE AFTER ATTEMPTED AUCTION — EXCHANGE OF COUNTY PROPERTY — SALE OF CERTAIN ODD-LOT PROPERTY — SALE, EXCHANGE OR DONATION OF PROPERTY TO OTHER UNITS OF GOVERNMENT.
Status: in_force

31-808. Sale of county property — General procedure — Sale of property acquired through tax deed — Procedure after attempted auction — Exchange of county property — Sale of certain odd-lot property — Sale, exchange or donation of property to other units of government. (1) A board of county commissioners shall have the power and authority to sell or offer for sale at public auction any real or personal property belonging to the county not necessary for its use. However, personal property not exceeding two hundred fifty dollars ($250) in value may be sold at private sale without notice or public auction. Prior to offering the property for sale, the board of county commissioners shall advertise notice of the auction in a newspaper, as defined in section 60-106, Idaho Code, either published in the county or having a general circulation in the county, not less than ten (10) calendar days prior to the auction. If the property to be sold is real property, the notice to be published shall contain the legal description as well as the street address of the property. If the property is outside the corporate limits of a city and does not have a street address, then the description shall also contain the distance and direction of the location of the real property from the closest city.

If the property to be sold is acquired by tax deed, the notice required to be published shall include, next to the description of the property, the name of the taxpayer as it appears in the delinquent tax certificate upon which the tax deed was issued. The property shall be sold to the highest bidder. However, the board of county commissioners shall set the minimum bid for the tax deeded property to include all property taxes owing, interest and costs but they may reserve the right to reject any and all bids and shall have discretionary authority to reject or accept any bid which may be made for an amount less than the total amount of all delinquent taxes, late charges, interest and costs, including other costs associated with the property, advertising, and sale, which may have accrued against any property so offered for sale, including the amount specified in the tax deed to the county. Such action by the board in setting the minimum bid shall be duly noted in their minutes. Failure to do so shall not invalidate a sale. For tax deeded property, the board of county commissioners shall conduct an auction no later than fourteen (14) months from the issuance of the tax deed.

(2) (a) Proceeds from the sale of county property not acquired by tax deed shall be paid into the county treasury for the general use of the county.

(b) If the property to be sold has been acquired by tax deed, pursuant to the provisions of chapter 10, title 63, Idaho Code, the proceeds from the sale, after payment of all delinquent taxes, late charges, interest and costs, including the cost for maintaining the property, shall be apportioned by the board of county commissioners to parties in interest as defined in section 63-201, Idaho Code, and then to the owner(s) of record of such property at the time the tax deed was issued on the property.

(c) Once such tax deeded property has been sold, the board of county commissioners shall within thirty (30) days notify all parties in interest of such sale and the amount of the excess proceeds. Such parties in interest shall respond to the board of county commissioners, within sixty (60) days of receiving such notice, making claim on the proceeds. No responses postmarked or received after the sixtieth day shall be accepted. Within sixty (60) days of the date a claim on the proceeds is due, the board of county commissioners shall make payment to parties in interest in priority of the liens pursuant to law or shall transfer the funds to the state treasurer as set forth in paragraph (d) of this subsection. All funds available after payment to parties in interest shall be returned to the owner(s) of record of the property at the time the tax deed was issued. All costs associated with the compliance of this section shall be deducted from any amounts refunded to the parties in interest or owner(s) of record or transferred to the state treasurer.

(d) With the consent of the state treasurer, the board of county commissioners may transfer funds to be paid to parties in interest or the owner(s) of records pursuant to paragraph (c) of this subsection to the state treasurer. Upon transfer, the board of county commissioners shall immediately notify by first-class mail all parties that submitted a claim on the proceeds and the owner(s) of record of the transfer. The board of county commissioners shall provide such information to the state treasurer concerning the claims and the proceeds as the state treasurer shall reasonably request. The state treasurer shall keep and distribute the proceeds in accordance with chapter 5, title 14, Idaho Code.

(3) Any property sold may be carried on a recorded contract with the county for a term not to exceed ten (10) years and at an interest rate not to exceed the rate of interest specified in section 28-22-104(1), Idaho Code. The board of county commissioners shall have the authority to cancel any contract if the purchaser fails to comply with any of the terms of the contract and the county shall retain all payments made on the contract. The title to all property sold on contract shall be retained in the name of the county until full payment has been made by the purchaser. However, the purchaser shall be responsible for payment of all property taxes during the period of the contract.

(4) Any sale of property by the county shall vest in the purchaser all of the right, title and interest of the county in the property, including all delinquent taxes that have become a lien on the property since the date of issue of the tax deed, if any, but excluding easements, highways, and rights-of-way owned by the county, unless expressly conveyed.

(5) In addition to the purchase price, a purchaser of county property, including property acquired by tax deed, shall pay all fees required by law for the transfer of property. No deed for any real estate purchased pursuant to the provisions of this section shall be delivered to a purchaser until such deed has been recorded in the county making the sale.

(6) Should the county be unable to sell at a public auction any real or personal property belonging to the county, including property acquired by tax deed, it may sell the property without further notice by public or private sale upon such terms and conditions as the county deems necessary. Distribution of the proceeds of sale shall be as set forth in subsection (2) of this section.

(7) The board of county commissioners may at its discretion, when in the county's best interest, exchange and do all things necessary to exchange any of the real property now or hereafter held and owned by the county for real property of equal value, public or private, to consolidate county real property or aid the county in the control and management or use of county real property.

(8) The board of county commissioners may, by resolution, declare certain parcels of real property as odd-lot property, all or portions of which are not needed for public purposes and are excess to the needs of the county. For purposes of this subsection, odd-lot property is defined as that property that has an irregular shape or is a remnant and has value primarily to an adjoining property owner. Odd-lot property may be sold to an adjacent property owner for fair market value that is estimated by a land appraiser licensed to appraise property in the state of Idaho. If, after thirty (30) days' written notice, an adjoining property owner or owners do not desire to purchase the odd-lot property, the board of county commissioners may sell the property to any other interested party for not less than the appraised value. When a sale of odd-lot property is agreed to, a public advertisement of the pending sale shall be published in one (1) edition of the newspaper as defined in subsection (1) of this section, and the public shall have fifteen (15) days to object to the sale in writing. The board of county commissioners shall make the final determination regarding the sale of odd-lot property in an open meeting.

(9) In addition to any other powers granted by law, the board of county commissioners may at their discretion, grant to or exchange with the federal government, the state of Idaho, any political subdivision or taxing district of the state of Idaho or any local historical society which is incorporated as an Idaho nonprofit corporation which operates primarily in the county or maintains a museum in the county, with or without compensation, any real or personal property or any interest in such property owned by the county, excluding such property acquired by tax deed on or after July 1, 2024, after adoption of a resolution by the board of county commissioners that the grant or exchange of property is in the public interest. Notice of such grant or exchange shall be as provided in subsection (1) of this section and the decision may be made at any regularly or specially scheduled meeting of the board of county commissioners. The execution and delivery by the county of the deed conveying an interest in the property shall operate to discharge and cancel all levies, liens and taxes made or created for the benefit of the state, county or any other political subdivision or taxing district and to cancel all titles or claims of title including claims of redemption to such real property asserted or existing at the time of such conveyance. However, if the property conveyed is subject to a lien for one (1) or more unsatisfied special assessments, the lien shall continue until all special assessments have been paid in full. At no time shall a lien for a special assessment be extinguished prior to such special assessment having been paid in full. Any property conveyed to any local historical society by the county shall revert to the county when the property is no longer utilized for the purposes for which it was conveyed.

(10) When the county has title to mineral rights severed from the property to which they attach, and the mineral rights have value of less than twenty-five dollars ($25.00) per acre, the board of county commissioners may act to return the mineral rights to the land from which they were severed in the following manner: the proposed action must appear on the agenda of a regular meeting of the board of county commissioners; and the motion to make the return must be adopted unanimously by the board voting in open meeting.

History:

[31-808, added 1999, ch. 215, sec. 3, p. 573; am. 2001, ch. 333, sec. 1, p. 1174; am. 2003, ch. 58, sec. 1, p. 202; am. 2003, ch. 68, sec. 1, p. 227; am. 2004, ch. 318, sec. 4, p. 895; am. 2008, ch. 397, sec. 1, p. 1084; am. 2016, ch. 211, sec. 1, p. 594; am. 2016, ch. 273, sec. 2, p. 751; am. 2024, ch. 22, sec. 1, p. 173.]
Idaho Code § 31-4903 — Idaho Code / Title 31 / Chapter 49 / Section 31-4903
31-4903 ESTABLISHMENT OF DISTRICTS.
Status: in_force

31-4903. Establishment of districts. Any two (2) or more counties within the state may establish an independent public body corporate and politic to be known as a regional solid waste or domestic septage district (with such additional designation as the district board may select), consisting of such counties as may elect, by resolution of the commissioners of such counties, to become participating counties of such district. The boundaries of a district shall be coterminous with the boundaries of the participating counties. Counties within a district need not be contiguous to each other. No district shall transact any business nor exercise any powers hereunder until or unless the commissioners of two (2) or more of such counties, by resolution, shall declare their intent to participate in a district. Any county which does not so elect to become a participating county shall not be subject to the provisions of this chapter.

In any suit, action, or proceeding involving or relating to any contract, resolution, regulation, or other action of a district, the district shall be conclusively deemed to have been organized and authorized to transact business and to exercise its powers hereunder upon proof of the adoption of a resolution by the commissioners of not less than two (2) counties as provided hereinabove. A duly certified copy of any such resolution shall be admissible in evidence in any suit, action, or proceeding.

A district created pursuant to this chapter shall not be deemed to be an agency of the state of Idaho nor of any of its political subdivisions for purposes of article VIII of the Idaho constitution.

History:

[31-4903, added 1990, ch. 390, sec. 1, p. 1086; am. 2001, ch. 175, sec. 4, p. 597.]
Idaho Code § 31-4223 — Idaho Code / Title 31 / Chapter 42 / Section 31-4223
31-4223 ADDITIONAL POWERS OF AUTHORITY — LOANS, CONTRIBUTIONS, GRANTS AND ASSISTANCE FROM FEDERAL GOVERNMENT.
Status: in_force

31-4223. Additional powers of authority — Loans, contributions, grants and assistance from federal government. In addition to the powers conferred upon an authority by other provisions of this act, an authority is empowered to borrow money or accept contributions, grants or other financial assistance from the federal government for or in aid of any housing project within its area of operation, to take over or lease or manage any housing project or undertaking constructed or owned by the federal government, and to these ends to [to] comply with such conditions and to make such trust indentures, leases or agreements as may be necessary, convenient or desirable. It is the purpose and intent of this act to authorize every authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the federal government in the undertaking construction, maintenance or operation of any housing project by such authority.

History:

[31-4223, added 1970, ch. 211, sec. 23, p. 584.]
Idaho Code § 31-141 — Idaho Code / Title 31 / Chapter 1 / Section 31-141
31-141 POWER COUNTY.
Status: in_force

31-141. Power county. Power county is described as follows: beginning at the northwest corner of section thirty-one (31), township six (6) south, range thirty (30) east; thence east along the section line between sections thirty-one (31) and thirty (30), township and range aforesaid, and an extension thereof to the point where such extended line intersects with the center of the west channel of Snake river; running thence up the center of the west channel of Snake river, upon and along the boundary line of Bingham county, to the point in the main channel of said river, where the same divides, forming the east and west branches thereof; thence southerly down the center of the east branch of Snake river to the point of intersection of the center line of said east branch with an extension of the center line of the Portneuf river in section seventeen (17), township six (6) south, range thirty-two (32) east; thence up the Portneuf river, to the intersection of the Portneuf river with the west boundary line of section eight (8), township six (6) south, range thirty-four (34) east, Boise meridian; thence south four and one-quarter (4 1/4) miles to the southeast corner of section thirty-one (31), township six (6) south, range thirty-four (34) east, Boise meridian; thence west to the northeast corner of section six (6), township seven (7) south, range thirty-four (34) east, Boise meridian; thence south four (4) miles to the southeast corner of section nineteen (19); thence east one (1) mile to the northeast corner of section twenty-nine (29); thence south four (4) miles to the southeast corner of section eight (8), township eight (8) south, range thirty-four (34) east, Boise meridian; thence east two (2) miles to the northeast corner of section fifteen (15); thence south two and one-half (2 1/2) miles to the east quarter (E1/4) corner of section twenty-seven (27); thence east one (1) mile to the east quarter (E1/4) corner of section twenty-six (26); thence south one and one-half (1 1/2) miles to the southeast corner of section thirty-five (35), township eight (8) south, range thirty-four (34) east, Boise meridian; thence east one (1) mile to the northeast corner of section one (1), township nine (9) south, range thirty-four (34) east, Boise meridian; thence south two (2) miles to the southeast corner of section twelve (12); thence east two (2) miles to the northeast corner of section seventeen (17), township nine (9) south, range thirty-five (35) east, Boise meridian; thence south one and one-half (1 1/2) miles to the east quarter (E1/4) corner of section twenty (20); thence west one-half (1/2) mile to the center of section twenty (20); thence south two and one-half (2 1/2) miles to the south quarter (S1/4) corner of section thirty-two (32), township nine (9) south, range thirty-five (35) east, Boise meridian; thence east to the northeast corner of section five (5), township ten (10) south, range thirty-five (35) east, Boise meridian; thence south one and one-quarter (1 1/4) miles to the southeast corner of the northeast quarter (NE1/4) of the northeast quarter (NE1/4) of section eight (8); thence west one-quarter (1/4) mile; thence south one-quarter (1/4) mile; thence west one and one-quarter (1 1/4) miles; thence south three-quarters (3/4) of a mile; thence west one-quarter (1/4) mile to the southwest corner of lot one (1) of section eighteen (18), township ten (10) south, range thirty-five (35) east, Boise meridian; thence south on the range line three and three-quarter (3 3/4) miles to the southwest corner of township ten (10) south, range thirty-five (35) east, Boise meridian; thence west along and upon the south line of said township ten (10) (1913, ch. 6, section 2, pp. 31, 32), to a point a distance of two (2) miles east from the southeast corner of township ten (10) south, range thirty-three (33) east; thence south to a point where the line thus drawn intersects the line between townships eleven (11) and twelve (12) south, range thirty-four (34) east; thence west along and upon the line between townships eleven (11) and twelve (12) south (1915, ch. 132, section 2, p. 288), to the southeast corner of township eleven (11) south, range thirty-two (32) east; thence south upon the township line to the southeast corner of township twelve (12) south, range thirty-two (32) east; thence west upon and along the southern line of said township twelve (12), to the southwest corner of township twelve (12) south, range thirty (30) east; thence north upon the range line between ranges twenty-nine (29) and thirty (30) east, to the southwest corner of township nine (9) south, range thirty (30) east; thence west along and upon the south line of township nine (9) south, to the southwest corner of section thirty-four (34), township nine (9) south, range twenty-eight (28) east; thence north upon and along the line between sections thirty-three (33) and thirty-four (34), township nine (9) south, range twenty-eight (28) east, and an extension thereof to the point where said line so extended intersects the center of the main channel of Snake river; thence down the center of the main channel of Snake river to the point of intersection with the range line between ranges twenty-seven (27) and twenty-eight (28) east; thence north along and upon said range line to the northwest corner of township nine (9) south, range twenty-eight (28) east; thence east upon and along the north line of said township nine (9) south, to the northeast corner of section four (4), township nine (9) south, range twenty-eight (28) east; thence in a northerly direction along and upon the section line which, when surveyed, will be between sections thirty-three (33) and thirty-four (34), township eight (8) south, range twenty-eight (28) east, and an extension of such line to the point where such extended line will intersect with the township line which, when surveyed, will be the township line between townships seven (7) and eight (8) south, range twenty-eight (28) east; thence west upon the township line to a point which when surveyed, will be the southwest corner of township seven (7) south, range twenty-eight (28) east; thence north along and upon the range line which, when surveyed, will be the range line between ranges twenty-seven (27) and twenty-eight (28) east, to a point which will be, when surveyed and established, the northwest corner of township four (4) south, range twenty-eight (28) east; thence east along and upon the line which will be, when surveyed, the north line of said township four (4) south, to the northwest corner of township four (4) south, range thirty (30) east; thence south along the range line, the same being the western boundary line of Bingham county, to the northwest corner of section thirty-one (31), township six (6) south, range thirty (30) east, the point of beginning (1913, ch. 6, section 2, pp. 32, 33).

History:

[(31-141) Compiled and reen. C.L. 3:38; C.S., sec. 45; am. 1927, ch. 256, sec. 5, p. 431; I.C.A., sec. 30-141.]
Idaho Code § 31-5509 — Idaho Code / Title 31 / Chapter 55 / Section 31-5509
31-5509 COUNTY SHERIFF.
Status: in_force

31-5509. County sheriff. For purposes of this act, the duties of the county sheriff shall be as provided in chapter 22, title 31, Idaho Code, and as otherwise prescribed by law. A county sheriff:

(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or

(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or

(3) Shall be appointed by the board of county commissioners or the executive board with the advice and consent of the entire board of county commissioners, be supervised by the entire board or the executive board, as applicable, and perform all the duties of the office; or

(4) The office shall be eliminated with the duties and responsibilities of the office to be performed by one (1) or more other qualified elected officers or appointed persons as provided in the resolution or petition. The office of sheriff may not be consolidated with the office of the prosecuting attorney or the office of the clerk of the district court. The resolution or petition shall identify those duties of the county sheriff for which each other officer or appointee shall be responsible.

History:

[31-5509, added 1996, ch. 283, sec. 6, p. 939; am. 1996, ch. 326, sec. 2, p. 1113.]
Idaho Code § 31-4333 — Idaho Code / Title 31 / Chapter 43 / Section 31-4333
31-4333 CONFIRMATION OF ELECTIONS AND SUBDISTRICT BOUNDARIES.
Status: in_force

31-4333. Confirmation of elections and subdistrict boundaries. That all recreation districts heretofore organized or purported to be organized pursuant to the provisions of chapter 43, title 31, Idaho Code, known as the "recreation district law," the legal descriptions of the boundaries thereof and of the boundaries of the subdistricts therein, and all elections held or purported to have been held in such recreation districts prior to the effective date, of this act, and all notices given and proceedings and actions taken in connection therewith are hereby confirmed, ratified and validated; and no contest shall be maintained concerning the organization of such districts, the boundaries thereof and of the subdistricts therein, such elections or such notices, proceedings and actions.

History:

[31-4333, added 1973, ch. 77, sec. 2, p. 122.]
Idaho Code § 31-5403 — Idaho Code / Title 31 / Chapter 54 / Section 31-5403
31-5403 OTHER OFFICES.
Status: in_force

31-5403. Other offices. (1) The resolution or petition to adopt the form of government provided in this chapter shall further define the structure of the form by including one (1) selection from the choices specified for the offices listed in sections 31-5404 through 31-5409, Idaho Code.

(2) If the resolution or petition provides for the election of any new officers, such officers shall be elected at the general election following the adoption of the optional form of county government provided for in this chapter.

History:

[31-5403, added 1996, ch. 283, sec. 5, p. 934.]
Idaho Code § 31-3408 — Idaho Code / Title 31 / Chapter 34 / Section 31-3408
31-3408 ELIGIBILITY.
Status: in_force

31-3408. Eligibility. Pursuant to this chapter, eligibility for nonmedical assistance shall be based on the documentation of county residence, completion of an application and interview, except as provided in section 31-3410, Idaho Code. Failure to comply shall result in a denial of the requested assistance. Notwithstanding any other eligibility factors, no county shall be obligated to provide nonmedical services to persons who have become ineligible for cash assistance by exhaustion of lifetime limits for such benefits or by noncompliance with their personal responsibility contract as defined by rules of the department of health and welfare.

History:

[31-3408, added 1992, ch. 83, sec. 3, p. 260; am. 1996, ch. 234, sec. 1, p. 763.]
Idaho Code § 31-1428 — Idaho Code / Title 31 / Chapter 14 / Section 31-1428
31-1428 CARRY OVER — FUND BALANCE.
Status: in_force

31-1428. Carry over — Fund balance. The board of commissioners of a fire protection district may accumulate fund balances at the end of a fiscal year and carry over those fund balances into the ensuing fiscal year budget for equipping and maintaining the district. A "fund balance" is the excess of the assets of a fund over its liabilities and reserves.

History:

[(31-1428) 31-1424A, added 1993, ch. 329, sec. 1, p. 1228; am. and redesig. 2006, ch. 318, sec. 26, p. 1008.]
Idaho Code § 31-1804 — Idaho Code / Title 31 / Chapter 18 / Section 31-1804
31-1804 PENALTY FOR FAILURE TO MAKE REPAYMENT.
Status: in_force

31-1804. Penalty for failure to make repayment. Any sheriff failing to make repayment, as herein provided, to the said fund, shall be guilty of a misdemeanor.

History:

[(31-1804) 1921, ch. 228, sec. 4, p. 516; I.C.A., sec. 30-1304.]
Idaho Code § 31-4707 — Idaho Code / Title 31 / Chapter 47 / Section 31-4707
31-4707 EXPENSES OF BOARD MEMBERS.
Status: in_force

31-4707. Expenses of board members. The members of the county museum board shall be paid their actual and necessary expenses out of the funds provided for museum purposes, upon approval of claims for the same by the board of county commissioners.

History:

[31-4707, added 1990, ch. 393, sec. 1, p. 1105.]
Idaho Code § 31-4408 — Idaho Code / Title 31 / Chapter 44 / Section 31-4408
31-4408 EXISTING AND FUTURE SYSTEMS — JURISDICTION OF COMMISSIONERS — DISPOSITION OF WASTE ON OWN LAND.
Status: in_force

31-4408. Existing and future systems — Jurisdiction of commissioners — Disposition of waste on own land. Solid waste disposal systems now in existence or hereafter established and maintained and/or operated by other than a city shall come under the jurisdiction of the board of county commissioners, and shall be maintained and/or operated only as provided in this act. Every owner of land who disposes of solid waste on his own land shall obtain a written permit from the board of county commissioners for such disposal.

History:

[31-4408, added 1970, ch. 104, sec. 8, p. 259; am. 1971, ch. 61, sec. 8, p. 137.]
Idaho Code § 31-3201A — Idaho Code / Title 31 / Chapter 32 / Section 31-3201A
31-3201A COURT FEES.
Status: in_force

31-3201A. Court fees. The clerk of the district court, in addition to the fees and charges imposed by chapter 20, title 1, Idaho Code, and by section 31-3201, Idaho Code, and in addition to the fee levied by chapter 2, title 73, Idaho Code, shall charge, demand and receive the following fees for services rendered by him in discharging the duties imposed upon him by law:

(1) Civil cases. A fee of one hundred seventy-five dollars ($175) for filing a civil case of any type in the district court, except for those cases to be assigned to the magistrate division of the district court for which the fee shall be one hundred twenty dollars ($120), with the following exceptions:

(a) The fee for small claims shall be as provided in section 1-2303, Idaho Code;

(b) No filing fee shall be charged in the following types of cases:

(i) Cases brought under chapter 3, title 66, Idaho Code, for commitment of mentally ill persons;

(ii) Cases brought under the juvenile corrections act;

(iii) Cases brought under the child protective act;

(iv) Demands for bond before a personal representative is appointed in probate;

(v) Petitions for sterilization;

(vi) Petitions for judicial consent to abortion;

(vii) Registration of trusts and renunciations;

(viii) Petitions for leave to compromise the disputed claim of a minor;

(ix) Petitions for a civil protection order or to enforce a foreign civil protection order pursuant to chapter 63, title 39, Idaho Code;

(x) Objections to the appointment of a guardian filed by a minor or an incapacitated person;

(xi) Proceedings to suspend a license for nonpayment of child support pursuant to section 7-1405, Idaho Code;

(xii) Proceedings under the uniform post-conviction procedure act as provided in chapter 49, title 19, Idaho Code;

(xiii) Filings of a custody decree from another state; and

(xiv) Filings of any answer after an initial appearance fee has been paid.

The filing fee shall be distributed as follows: twenty-three dollars ($23.00) of such filing fee shall be paid to the county treasurer for deposit in the district court fund of the county, with six dollars ($6.00) of such twenty-three dollars ($23.00) dedicated to provide for the suitable and adequate quarters of the magistrate division of the district court, including the facilities and equipment necessary to make the space provided functional for its intended use, and to provide for the staff personnel, supplies and other expenses of the magistrate division; one dollar ($1.00) of such filing fee shall be paid to the peace officers standards and training fund established in section 19-5116, Idaho Code; one hundred thirty-five dollars ($135) of such filing fee, or in a case assigned to the magistrate division of the district court eighty dollars ($80.00) of such filing fee, shall be paid to the county treasurer who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit into the court technology fund; ten dollars ($10.00) of such filing fee shall be paid to the county treasurer, who shall pay such fees to the state treasurer for deposit in accordance with subsection (15) of this section; and six dollars ($6.00) of such filing fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the senior magistrate judges fund.

(2) Felonies and misdemeanors. A fee of seventeen dollars and fifty cents ($17.50) shall be paid, but not in advance, by each person found guilty of any felony or misdemeanor, except when the court orders such fee waived because the person is indigent and unable to pay such fee. Eleven dollars ($11.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county, with six dollars ($6.00) of such eleven dollars ($11.00) dedicated to provide for the suitable and adequate quarters of the magistrate division of the district court, including the facilities and equipment necessary to make the space provided functional for its intended use, and to provide for the staff personnel, supplies and other expenses of the magistrate division; one dollar ($1.00) of such filing fee shall be paid to the peace officers standards and training fund established in section 19-5116, Idaho Code; and five dollars and fifty cents ($5.50) of such fee shall be paid to the county treasurer, who shall pay such fees to the state treasurer for deposit in accordance with subsection (15) of this section.

(3) Infractions. A fee of sixteen dollars and fifty cents ($16.50) shall be paid, but not in advance, by each person found to have committed an infraction or any minor traffic, conservation or ordinance violation, and a fee of seventeen dollars and fifty cents ($17.50) shall be paid, but not in advance, by each person found to have committed an infraction under section 18-8001 or 49-301, Idaho Code, or a first-time infraction under section 23-604 or 23-949, Idaho Code, and distributed pursuant to subsection (2) of this section; provided that the judge or magistrate may in his or her discretion consolidate separate nonmoving traffic offenses into one (1) offense for purposes of assessing such fee. Eleven dollars ($11.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county, with six dollars ($6.00) of such eleven dollars ($11.00) dedicated to provide for the suitable and adequate quarters of the magistrate division of the district court, including the facilities and equipment necessary to make the space provided functional for its intended use, and to provide for the staff personnel, supplies and other expenses of the magistrate division; one dollar ($1.00) of such filing fee shall be paid to the peace officers standards and training fund established in section 19-5116, Idaho Code; and four dollars and fifty cents ($4.50) of such fee shall be paid to the county treasurer, who shall pay such fees to the state treasurer for deposit in accordance with subsection (15) of this section.

(4) Initial appearance other than plaintiff. A fee of one hundred dollars ($100) shall be paid for any filing constituting the initial appearance by a party, except the plaintiff, in any civil action in the district court or in the magistrate division of the district court, except small claims. If two (2) or more parties are making their initial appearance in the same filing, then only one (1) filing fee shall be collected. Of such fee, four dollars ($4.00) shall be paid to the county treasurer for deposit in the district court fund of the county; eighty dollars ($80.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit into the court technology fund; ten dollars ($10.00) of such fee shall be paid to the county treasurer, who shall pay such fees to the state treasurer for deposit in accordance with subsection (15) of this section; and six dollars ($6.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the senior magistrate judges fund.

(5) Accountings. A fee of nine dollars ($9.00) shall be paid by the person or persons required to make an account pursuant to title 15, Idaho Code, at the time such account is filed. All of such fee shall be paid to the county treasurer for deposit in the district court fund of the county.

(6) Distribution of estate. A fee of twenty-five dollars ($25.00) shall be paid upon the filing of a petition of the executor or administrator or of any person interested in an estate for the distribution of such estate. Six dollars ($6.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county; thirteen dollars ($13.00) of such fee shall be paid to the county treasurer, who shall pay such fees to the state treasurer for deposit in accordance with subsection (15) of this section; and six dollars ($6.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the senior magistrate judges fund.

(7) Third-party claim. A fee of fourteen dollars ($14.00) shall be paid by a party filing a third-party claim as defined in the Idaho rules of civil procedure. Eight dollars ($8.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county; and six dollars ($6.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the senior magistrate judges fund.

(8) Cross-claims. A fee of fourteen dollars ($14.00) shall be paid by any party filing a cross-claim. Eight dollars ($8.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county; and six dollars ($6.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the senior magistrate judges fund.

(9) Change of venue. A fee of twenty-nine dollars ($29.00) shall be paid by a party initiating a change of venue. Such fee shall be paid to the clerk of the court of the county initiating the change. Nine dollars ($9.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county; and twenty dollars ($20.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit into the court technology fund.

(10) Reopening a case.

(a) A fee of eighty-five dollars ($85.00) shall be paid by any party appearing after judgment or applying to reopen a case. Nine dollars ($9.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county; six dollars ($6.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the senior magistrate judges fund; and seventy dollars ($70.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit into the court technology fund.

(b) A fee of one hundred eight dollars ($108) shall be paid by a party applying to reopen a divorce action or modify a divorce decree, with seventeen dollars ($17.00) of the fee to be paid to the county treasurer for deposit in the district court fund of the county; fifteen dollars ($15.00) of such fee to be paid to the county treasurer, who shall pay such fees to the state treasurer for deposit in accordance with subsection (15) of this section; six dollars ($6.00) of such fee to be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the senior magistrate judges fund; and seventy dollars ($70.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit into the court technology fund.

(c) When the application to reopen a case consists only of a motion or other pleading to revive or renew a judgment, a fee of twenty-nine dollars ($29.00) shall be paid by the party filing the motion or pleading. Nine dollars ($9.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county; and twenty dollars ($20.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit into the court technology fund.

(11) Appeal to district court. A fee of thirty-five dollars ($35.00) shall be paid by a party taking an appeal from the magistrate division of the district court to the district court; nine dollars ($9.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county; six dollars ($6.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the senior magistrate judges fund; and twenty dollars ($20.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit into the court technology fund. No additional fee shall be required if a new trial is granted.

(12) Appeal to supreme court. A fee of thirty-five dollars ($35.00) shall be paid by the party taking an appeal from the district court to the supreme court for comparing and certifying the transcript on appeal, if such certificate is required. Nine dollars ($9.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county; six dollars ($6.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the senior magistrate judges fund; and twenty dollars ($20.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit into the court technology fund.

(13) Fees not covered by this section, including fees to defray the costs of electronic access to court records other than the register of actions, shall be set by rule or administrative order of the supreme court.

(14) All fees required to be paid by this section or by rule or administrative order of the supreme court shall be collected by the clerk of the district court or by a person appointed by the clerk of the district court for this purpose. If it appears that there is a necessity for such fees to be collected by persons other than the clerk of the district court or a person designated by the clerk for such purpose, the supreme court by rule or administrative order may provide for the designation of persons authorized to receive such fees. Persons so designated shall account for such fees in the same manner required of the clerk of the district court and shall pay such fees to the clerk of the district court of the county in which such fees are collected.

(15) That portion of the filing fees required to be remitted to the state treasurer for deposit pursuant to subsections (1), (2), (3), (4), (6) and (10) of this section shall be apportioned eighty-six percent (86%) to the state general fund and fourteen percent (14%) to the peace officers standards and training fund authorized in section 19-5116, Idaho Code, within fifteen (15) days after the end of the month in which such fees were remitted to the county treasurer. That portion of the filing fees required to be remitted to a city treasurer for deposit in the city's general fund shall be remitted within fifteen (15) days after the end of the month in which such fees were remitted to the county treasurer.

(16) Of the fees derived from the filing of any divorce action required to be transmitted to the state treasurer, the county treasurer shall retain five dollars ($5.00), which shall be separately identified and deposited in the district court fund of the county. Such moneys shall be used exclusively for the purpose of establishing a uniform system of qualifying and approving persons, agencies or organizations to conduct evaluations of persons convicted of domestic assault or battery as provided in section 18-918, Idaho Code, and the administration of section 18-918(7), Idaho Code, relating to the evaluation and counseling or other treatment of such persons, including the payment of the costs of evaluating and counseling or other treatment of an indigent defendant. No provision of chapter 52, title 39, Idaho Code, shall apply to the moneys provided for in this subsection.

(17) In consideration of the fees in this section, the clerk of the district court shall be required to perform all lawful service that may be required of him by any party thereto; provided that he shall not prepare and furnish any certified copy of any file or record in an action, except printed transcript on appeal, without additional compensation as provided by law.

History:

[31-3201A, added 1969, ch. 139, sec. 2, p. 427; am. 1971, ch. 217, sec. 1, p. 972; am. 1972, ch. 31, sec. 1, p. 45; am. 1974, ch. 157, sec. 1, p. 1387; am. 1976, ch. 307, sec. 3, p. 1054; am. 1978, ch. 72, sec. 1, p. 143; am. 1979, ch. 219, sec. 2, p. 608; am. 1980, ch. 125, sec. 1, p. 281; am. 1981, ch. 238, sec. 1, p. 478; am. 1982, ch. 353, sec. 11, p. 879; am. 1985, ch. 28, sec. 1, p. 48; am. 1988, ch. 24, sec. 2, p. 28; am. 1993, ch. 196, sec. 2, p. 536; am. 1995, ch. 223, sec. 2, p. 772; am. 1996, ch. 164, sec. 1, p. 544; am. 1996, ch. 166, sec. 1, p. 548; am. 1996, ch. 256, sec. 2, p. 838; am. 1997, ch. 28, sec. 3, p. 50; am. 1998, ch. 76, sec. 1, p. 274; am. 1998, ch. 420, sec. 2, p. 1325; am. 2003, ch. 237, sec. 3, p. 610; am. 2005, ch. 114, sec. 2, p. 367; am. 2005, ch. 240, sec. 3, p. 745; am. 2006, ch. 267, sec. 2, p. 829; am. 2009, ch. 80, sec. 2, p. 221; am. 2014, ch. 190, sec. 6, p. 509; am. 2016, ch. 344, sec. 7, p. 991; am. 2018, ch. 264, sec. 3, p. 632; am. 2018, ch. 298, sec. 6, p. 708; am. 2022, ch. 21, sec. 2, p. 49; am. 2023, ch. 79, sec. 1, p. 269.]
Idaho Code § 31-303 — Idaho Code / Title 31 / Chapter 3 / Section 31-303
31-303 TAX COLLECTOR'S RECORDS.
Status: in_force

31-303. Tax collector's records. The county tax collector of the divided county shall immediately, after the passage and approval of this chapter, proceed to make and certify to a transcript of so much of the tax rolls of his office as show taxes levied and assessed against persons, firms, associations, corporations, real and personal property in the territory included in the newly-created county, and unpaid at the time this chapter goes into effect, and as soon as such transcript is completed, the same shall be delivered to the tax collector of the newly-created county and become thenceforth the property of such newly-created county and the official record thereof, with the same force and effect as the original tax roll, and shall be authority for the tax collector of the newly-created county to collect such unpaid taxes, both real and personal, in any manner authorized by law.

History:

[(31-303) 1913, ch. 19, sec. 3, p. 89; reen. C.L. 145:3; C.S., sec. 3758; I.C.A., sec. 30-303.]
Idaho Code § 31-126 — Idaho Code / Title 31 / Chapter 1 / Section 31-126
31-126 GOODING COUNTY.
Status: in_force

31-126. Gooding county. Gooding county is described as follows: beginning at the northeast corner of section six (6), township three (3) south, range sixteen (16) east;

Eastern boundary. Thence south twenty-four (24) miles, more or less, along the section line to the southeast corner of section thirty-one (31), township six (6) south, range sixteen (16) east; thence west one (1) mile, more or less, to the northwest corner of section five (5), township seven (7) south, range sixteen (16) east; thence south along the section line, to the thread of the Snake river;

Southern boundary. Thence northwesterly along the thread of the Snake river to the west line of township six (6) south, range twelve (12) east;

Western boundary. Thence north along the west line of range twelve (12) east, to the northwest corner of township three (3) south, range twelve (12) east;

Northern boundary. Thence east along the north line of township three (3) south, to the place of beginning.

County seat–Gooding.

History:

[(31-126) Compiled and reen. C.L. 3:24; C.S., sec. 30; I.C.A., sec. 30-126; am. 2013, ch. 41, sec. 1, p. 85.]
Idaho Code § 31-1902 — Idaho Code / Title 31 / Chapter 19 / Section 31-1902
31-1902 PREREQUISITES TO ISSUANCE.
Status: in_force

31-1902. Prerequisites to issuance. For the purpose of extending the time of payment of said outstanding indebtedness, or reducing the interest charged, or when the interests of the county require it, the board may issue said bonds in exchange for bonds, theretofore issued by the county or for valid and legal warrants of the county outstanding on the second Monday of January, 1933, and may do so by resolution of the board at a regular meeting thereof, and without a vote of the people. Before any bonds shall be issued or exchanged under this section, the board of county commissioners shall ascertain that the bonds or warrants the payment of which is to be extended, or which are to be taken in exchange for the new issue of bonds, are valid and legal obligations of the county, and their findings of fact shall be entered of record on the minutes of their proceedings at least ten (10) days before any exchange is made, as herein provided. The said board shall also, before issuing any bonds under this section, deduct from the total outstanding legal indebtedness of the county at the time of the issue of said bonds, the cash on hand in the treasury of the county, that is available for the payment of said legal indebtedness, or any part thereof, and the issue of bonds as in this section provided for, shall in no case exceed the aggregate or total legal indebtedness of the county then outstanding, less the cash on hand to be applied in payment and discharge of said indebtedness.

History:

[(31-1902) R.S., sec. 3603; am. 1895, p. 56, subd. 3603; reen. 1899, p. 136, sec. 1; reen. R.C., sec. 1961; compiled and reen. C.L., sec. 1961; C.S., sec. 3520; I.C.A., sec. 30-1402; am. 1933, ch. 153, sec. 2, p. 231.]
Idaho Code § 31-2217 — Idaho Code / Title 31 / Chapter 22 / Section 31-2217
31-2217 CORONER TO EXECUTE CERTAIN PROCESS.
Status: in_force

31-2217. Coroner to execute certain process. When the sheriff is a party to an action or proceeding, the process and orders therein, which it would otherwise be the duty of the sheriff to execute, must be executed by the coroner of the county.

History:

[(31-2217) 1863, p. 475, sec. 54; R.S., sec. 1886; reen. R.C. & C.L., sec. 2039; C.S., sec. 3611; I.C.A., sec. 30-1717.]
Idaho Code § 31-3201D — Idaho Code / Title 31 / Chapter 32 / Section 31-3201D
31-3201D COUNTY MISDEMEANOR PROBATION SUPERVISION FEE.
Status: in_force

31-3201D. County misdemeanor probation supervision fee. (1) Any person under a supervised probation program for a misdemeanor offense shall be required to pay an amount not more than the maximum monthly felony probation or parole supervision fee set forth in section 20-225, Idaho Code, per month, or such lesser sum as determined by the administrative judge of the judicial district, as a misdemeanor probation supervision fee. Any failure to pay such fee shall constitute grounds for the revocation of probation by the court, but this shall not be the exclusive remedy for its collection. The court for good cause may exempt a person from the payment of all or any part of the foregoing fee.

(2) Any fee paid under this section on or after July 1, 2008, and regardless of whether the underlying judgment of conviction, withheld judgment or order imposing probation was entered before or after that date, shall be paid to the clerk of the district court, who shall pay the first one dollar ($1.00) of each monthly payment to the state treasurer for deposit in the peace officers standards and training fund authorized in section 19-5116, Idaho Code, to help offset the costs to counties for the basic training, continuing education and certification of misdemeanor probation officers, whether those officers are employees of or by private sector contract with a county; the clerk of the district court shall deposit the remainder of each monthly payment into the county misdemeanor probation fund which is hereby created in each county, or, at the option of the board of county commissioners, deposited in the county justice fund to be used for the purposes described in this section. Moneys from this fee may be accumulated from year to year and shall be expended exclusively for county misdemeanor probation services and related purposes.

(3) This section shall not restrict the court from ordering the payment of other costs and fees, including but not limited to electronic monitoring fees and other fees pursuant to section 19-2608, Idaho Code, that, by law, may be imposed on persons who have been found guilty of or have pled guilty to a criminal offense, including those who have been placed on probation or parole. Such additional costs and fees shall be paid to the clerk of the court if services are provided by the county or directly to the agency providing the service. If fees are paid to the clerk of the court, the clerk of the court shall pay such fees to the county treasurer and such fees shall be used exclusively to cover the costs for which the additional fees have been ordered.

History:

[31-3201D, added 1998, ch. 144, sec. 1, p. 515; am. 2008, ch. 88, sec. 6, p. 247; am. 2011, ch. 128, sec. 2, p. 354; am. 2012, ch. 109, sec. 4, p. 300; am. 2020, ch. 281, sec. 3, p. 819.]
Idaho Code § 31-5806 — Idaho Code / Title 31 / Chapter 58 / Section 31-5806
31-5806 CHARTER — PUBLICATION — DISSOLUTION OF CHARTER COMMISSION.
Status: in_force

31-5806. Charter — Publication — Dissolution of charter commission. (1) Upon the approval of the charter by a majority of the full membership of the charter commission, copies shall be prepared for public distribution and must be available not less than thirty (30) days prior to the election on adopting the charter. The text of the charter or a summary thereof shall be published in the official newspaper of the county once each week for two (2) successive weeks within thirty (30) days after its approval by the commission and again within not less than fourteen (14) days prior to the election on the charter.

(2) The charter commission shall be deemed dissolved by operation of law thirty (30) days after the charter is adopted or within four (4) years after its election if no charter is adopted within that time.

History:

[31-5806, added 1996, ch. 129, sec. 1, p. 449.]
Idaho Code § 31-4912 — Idaho Code / Title 31 / Chapter 49 / Section 31-4912
31-4912 SECURITY FOR BONDS OR OTHER INDEBTEDNESS.
Status: in_force

31-4912. Security for bonds or other indebtedness. In connection with the issuance of bonds or the incurring of other indebtedness, and to secure the payment of the same, the district board shall have the power:

(1) To pledge all or any part of its fees and revenues from any source;

(2) To covenant against pledging all or any part of its fees and revenues, or against permitting any lien on such fees, revenues, or property;

(3) To covenant as to the bonds or other indebtedness to be issued and as to the use and disposition of the proceeds thereof;

(4) To establish and fund reserves for the payment of such bonds or indebtedness;

(5) To enter into credit enhancement arrangements including, but not limited to, letters of credit, reimbursement and remarketing agreements, and bond insurance policies;

(6) To make such covenants as will tend to make such bonds or indebtedness more marketable, notwithstanding that such covenants may not be enumerated herein.

History:

[31-4912, added 1990, ch. 390, sec. 1, p. 1090.]
Idaho Code § 31-4909 — Idaho Code / Title 31 / Chapter 49 / Section 31-4909
31-4909 NO POWER TO TAX.
Status: in_force

31-4909. No power to tax. A district shall have no power to levy property taxes. Nothing herein shall be deemed as limiting or prohibiting the power of any participating county to levy property taxes for the purposes authorized in section 31-4404, Idaho Code.

History:

[31-4909, added 1990, ch. 390, sec. 1, p. 1089.]
Idaho Code § 31-4813 — Idaho Code / Title 31 / Chapter 48 / Section 31-4813
31-4813 PREPAID WIRELESS TELECOMMUNICATIONS SERVICE EMERGENCY COMMUNICATIONS FEE.
Status: in_force

31-4813. Prepaid wireless telecommunications service emergency communications fee. (1) As used in this section:

(a) "Consumer" means a person who purchases prepaid wireless telecommunications service in a retail transaction;

(b) "Prepaid wireless E911 fee" means the fee imposed by subsection (2)(a) of this section on prepaid wireless telecommunications service that is required to be collected by a seller from a consumer;

(c) "Prepaid wireless telecommunications service" means a wireless telecommunications service that allows a caller to dial 911 to access the 911 system, which service must be paid for in advance and is sold in predetermined units or dollars;

(d) "Provider" means a person that provides prepaid wireless telecommunications service pursuant to a license issued by the federal communications commission;

(e) "Retail transaction" means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale;

(f) "Seller" means a person who sells prepaid wireless telecommunications service to another person;

(g) "Tax commission" means the Idaho state tax commission.

(2) (a) There is hereby imposed a prepaid wireless E911 fee in the amount of two and one-half percent (2.5%) of the sales price on each retail transaction.

(b) The prepaid wireless E911 fee shall be collected by the seller from the consumer with respect to each retail transaction occurring in this state. The amount of the prepaid wireless E911 fee shall be either separately stated on an invoice, receipt or other similar document that is provided to the consumer by the seller, or otherwise disclosed to the consumer.

(c) For purposes of paragraph (b) of this subsection, a retail transaction is considered to have occurred in Idaho if:

(i) The retail transaction is effected in person by the customer at a seller's location in Idaho;

(ii) When subparagraph (i) of this paragraph does not apply, the prepaid wireless telecommunications service is delivered to the subscriber at an Idaho address provided to the retailer;

(iii) When subparagraphs (i) and (ii) of this paragraph do not apply, the retailer's records that are maintained in the ordinary course of business indicate that the subscriber's address is in Idaho and the records are not made or kept in bad faith;

(iv) When subparagraphs (i) through (iii) of this paragraph do not apply, the subscriber gives an Idaho address during the consummation of the sale, including the subscriber's payment instrument if no other address is available, and the address is not given in bad faith;

(v) When subparagraphs (i) through (iv) of this paragraph do not apply, the subscriber's mobile telephone number is associated with an Idaho location.

(d) The prepaid wireless E911 fee is the liability of the consumer and not of the seller or of any provider, except that the seller shall be liable to remit all prepaid wireless E911 fees that the seller collects or is required to collect from consumers as provided pursuant to the provisions of this section, including all such fees that the seller is deemed to collect where the amount of the fee has not been separately stated on an invoice, receipt or other similar document provided to the consumer by the seller.

(e) The amount of the prepaid wireless E911 fee that is collected by a seller from a consumer, if such amount is separately stated on an invoice, receipt or other similar document provided to the consumer by the seller, shall not be included in the base for measuring any tax, fee, surcharge or other charge that is imposed by this state, any political subdivision of this state or any intergovernmental agency.

(f) The prepaid wireless E911 fee shall be proportionately increased or reduced, as applicable, upon any change to the fees imposed pursuant to the provisions of sections 31-4804 and 31-4819, Idaho Code. The amount of the prepaid wireless E911 fee shall be the percentage calculated by adding the amounts authorized pursuant to the provisions of sections 31-4804 and 31-4819, Idaho Code, and then dividing such sum by fifty dollars ($50.00). Such increase or reduction shall be effective on the effective date of the change to the fees imposed pursuant to the provisions of sections 31-4804 and 31-4819, Idaho Code, or if later, the first day of the first calendar month to occur at least sixty (60) days after the enactment of the change to fees imposed pursuant to the provisions of sections 31-4804 and 31-4819, Idaho Code. The tax commission shall provide not less than thirty (30) days of advance notice of such increase or reduction on its website.

(g) When prepaid wireless telecommunications service is sold with one (1) or more other products or services for a single, nonitemized price, then the percentage specified in paragraph (a) of this subsection shall apply to the entire nonitemized price unless the seller elects to apply such percentage to:

(i) If the amount of the prepaid wireless telecommunications service is disclosed to the consumer as a dollar amount, such dollar amount; or

(ii) If the seller can identify the portion of the price that is attributable to the prepaid wireless telecommunications service by reasonable and verifiable standards from its books and records that are kept in the regular course of business for other purposes including, but not limited to, non-tax purposes, such portion. Provided however, if a minimal amount of prepaid wireless telecommunications service is sold with a prepaid wireless device for a single, nonitemized price, then the seller may elect not to apply the percentage specified in paragraph (a) of this subsection to such transaction. For purposes of this subparagraph, an amount of service denominated as ten (10) minutes or less, or five dollars ($5.00) or less, is minimal.

(3) (a) Prepaid wireless E911 fees collected by sellers shall be remitted to the tax commission at the times and in the manner provided by chapter 36, title 63, Idaho Code, with respect to the sales tax. The tax commission shall establish registration, reporting and payment procedures that substantially coincide with the registration and payment procedures that apply to the sales tax pursuant to the provisions of chapter 36, title 63, Idaho Code.

(b) A seller shall be permitted to deduct and retain three percent (3%) of prepaid wireless E911 fees that are collected by the seller from consumers.

(c) The following provisions of chapter 36, title 63, Idaho Code, with respect to sales tax shall apply to the prepaid wireless E911 fee:

(i) Audit and appeal procedures;

(ii) Collection, enforcement, penalties and interest; and

(iii) Statute of limitations and refunds of fees paid erroneously.

The tax commission shall have the authority to promulgate administrative rules applicable to the prepaid wireless E911 fee. Such rules shall, to the extent practicable, minimize administrative burdens on sellers by incorporating existing provisions of chapter 36, title 63, Idaho Code, that apply to audits, appeals, collection, enforcement, penalties, interest, statute of limitations and refunds of fees paid erroneously.

(d) The tax commission shall establish procedures by which a seller of prepaid wireless telecommunications service may document that a sale is not a retail transaction, which procedures shall substantially coincide with the procedures for documenting sale for resale transactions pursuant to the provisions of chapter 36, title 63, Idaho Code, with respect to the sales tax.

(e) The tax commission shall distribute revenue from the prepaid wireless E911 fees as follows:

(i) An amount of money shall be distributed to the state refund account sufficient to pay current refund claims. All refunds authorized under this chapter by the tax commission shall be paid through the state refund account; and

(ii) Pay all remaining remitted prepaid wireless E911 fees over to the Idaho emergency communications fund provided for in section 31-4818(1), Idaho Code, within thirty (30) days of receipt.

The tax commission may deduct an amount, not to exceed two percent (2%) of remitted fees, to reimburse its actual costs of administering the collection and remittance of prepaid wireless E911 fees. The tax commission may also retain an amount, not to exceed seventy thousand dollars ($70,000), of remitted revenues in the fiscal year 2014 only for programming and one-time implementation costs.

(4) Each provider and seller of prepaid wireless telecommunications service is covered by the liability provisions of section 31-4812, Idaho Code.

(5) The prepaid wireless E911 fee imposed pursuant to this section shall be the only E911 funding obligation imposed with respect to prepaid wireless telecommunications service in this state, and no tax, fee, surcharge or other charge shall be imposed by this state, any political subdivision of this state or any intergovernmental agency, for E911 funding purposes, upon any provider, seller or consumer with respect to the sale, purchase, use or provision of prepaid wireless telecommunications service.

History:

[31-4813, added 2003, ch. 290, sec. 9, p. 791; am. 2007, ch. 340, sec. 4, p. 999; am. 2013, ch. 224, sec. 2, p. 525.]
Idaho Code § 31-203 — Idaho Code / Title 31 / Chapter 2 / Section 31-203
31-203 PETITION FOR REMOVAL — HOW SIGNED.
Status: in_force

31-203. Petition for removal — How signed. Each petitioner signing such petition shall write, or cause to be written, opposite to his name on said petition, the name of the city and ward in which he then resides, if he resides in a city; or, if he does not reside in a city, then the name of the precinct in which he resides at the time of signing such petition; and no person shall sign such petition unless he shall be, at the time, a legal voter at general elections.

History:

[(31-203) 1890-1891, p. 57, sec. 120; reen. 1899, p. 33, sec. 107; reen. R.C. & C.L., sec. 468; C.S., sec. 652; I.C.A., sec. 30-203.]
Idaho Code § 31-3901 — Idaho Code / Title 31 / Chapter 39 / Section 31-3901
31-3901 AUTHORIZATION TO ESTABLISH AMBULANCE SERVICE — SPECIAL LEVY.
Status: in_force

31-3901. Authorization to establish ambulance service — Special levy. (1) Except as provided in subsection (2) of this section, the boards of county commissioners in the several counties are hereby authorized, whenever existing ambulance service is not reasonably available to the inhabitants of the county or any portion thereof, to procure an ambulance and pay for the same out of any funds available and to establish an ambulance service to serve the areas that do not have an existing ambulance service reasonably available, both within and outside the cities and villages in their respective counties, and to levy a special tax not to exceed two-hundredths percent (.02%) of the market value for assessment purposes on all taxable property within the county to support the same. Providing ambulance service is a governmental function.

(2) A county that provides ambulance service pursuant to subsection (1) of this section prior to July 1, 2020, may continue to operate under the authority of this section. However, no board of county commissioners may exercise the powers granted under this section for the first time on and after July 1, 2020.

History:

[31-3901, added 1963, ch. 278, sec. 1, p. 712; am. 1965, ch. 61, sec. 1, p. 96; am. 1967, ch. 147, sec. 1, p. 333; am. 1976, ch. 289, sec. 1, p. 996; am. 1995, ch. 82, sec. 7, p. 223; am. 2020, ch. 209, sec. 1, p. 603.]
Idaho Code § 31-1410B — Idaho Code / Title 31 / Chapter 14 / Section 31-1410B
31-1410B DECISION TO DECREASE THE SIZE OF THE BOARD.
Status: in_force

31-1410B. Decision to decrease the size of the board. (1) Any fire protection board consisting of five (5) members may, by a four-fifths (4/5) majority vote of all of the board members, elect to decrease the size of the board to three (3) members.

(2) If the board of fire protection commissioners elects to reduce the board to three (3) members, the existing board members shall subdivide the district into three (3) subdivisions as nearly equal in population, area and mileage as practicable to be known as subdistricts one, two and three. Notice of revised fire protection commissioner subdistricts shall be provided to the county clerk of the county or counties in which the changes occur by means of a resolution that includes a map depicting the revised subdistrict boundaries.

(3) At the first election following the decision of the board of fire protection commissioners to reduce the board from five (5) to three (3) members, three (3) commissioners shall be elected. The commissioner from fire protection subdistrict one shall be elected to a term of two (2) years and the commissioners from subdistricts two and three shall be elected to a term of four (4) years. Thereafter, the term of all commissioners shall be four (4) years.

(4) For commissioners whose office expires in any even-numbered year, such commissioners shall remain in office until the next election in an odd-numbered year.

History:

[31-1410B, added 2016, ch. 89, sec. 4, p. 277.]
Idaho Code § 31-2805 — Idaho Code / Title 31 / Chapter 28 / Section 31-2805
31-2805 DISTRICT JUDGE OR WHOMEVER HE ASSIGNS TO ACT AS CORONER.
Status: in_force

31-2805. District judge or whomever he assigns to act as coroner. If the office of coroner is vacant, or he is absent or unable to attend, the duties of his office may be discharged by any district judge or whomever he assigns for the county, with the like authority, and subject to the same obligations and penalties, as the coroner.

History:

[(31-2805) 1874, p. 566, sec. 19; am. R.S., sec. 2084; reen. R.C. & C.L., sec. 2100; C.S., sec. 3679; I.C.A., sec. 30-2305; am. 1970, ch. 120, sec. 12, p. 284.]
Idaho Code § 31-857 — Idaho Code / Title 31 / Chapter 8 / Section 31-857
31-857 SCHOOL, ROAD, HERD AND OTHER DISTRICTS — PRESUMPTION OF VALIDITY OF CREATION OR DISSOLUTION.
Status: in_force

31-857. School, road, herd and other districts — Presumption of validity of creation or dissolution. Whenever any school district, road district, herd district, or other district has heretofore been, or shall hereafter be, declared to be created, established, disestablished, dissolved, or modified, by an order of the board of county commissioners in any county of the state of Idaho, a legal prima facie presumption is hereby declared to exist, after a lapse of two (2) years from the date of such order, that all proceedings and jurisdictional steps preceding the making of such order have been properly and regularly taken so as to warrant said board in making said order, and the burden of proof shall rest upon the party who shall deny, dispute, or question the validity of said order to show that any of such preceding proceedings or jurisdictional steps were not properly or regularly taken; and such prima facie presumption shall be a rule of evidence in all courts in the state of Idaho. No challenge to the proceedings or jurisdictional steps preceding such an order, shall be heard or considered after seven (7) years has lapsed from the date of the order.

History:

[31-857, added 1935, ch. 79, sec. 1, p. 133; am. 1989, ch. 73, sec. 25, p. 126; am. 2009, ch. 43, sec. 1, p. 124.]
Idaho Code § 31-4803 — Idaho Code / Title 31 / Chapter 48 / Section 31-4803
31-4803 AUTHORITY TO ESTABLISH AND FOR VOTERS TO APPROVE FUNDING FOR A CONSOLIDATED EMERGENCY COMMUNICATIONS SYSTEM.
Status: in_force

31-4803. Authority to establish and for voters to approve funding for a consolidated emergency communications system. (1) The board of commissioners of any county may establish a consolidated emergency communications system by virtue of authority granted by this chapter or by chapter 23, title 67, Idaho Code. The service area may be regional, multicounty, countywide, or any part or parts of the county, and may include or exclude a city or cities. If the board of county commissioners has adopted a resolution stating that the county is unable to establish a countywide consolidated emergency communications system, or if the voters reject a countywide consolidated 911 system, then a 911 service area may be established by action of any city or cities within the county. The 911 service area shall be described in the ordinance of creation. The ordinance shall further provide for an election on the question as provided in subsection (2) of this section. The ordinance of creation shall define the governing board, designate the administrator, and the agency to service the 911 calls. The costs of the election ordered by the county shall be a proper charge against the county current expense fund. The costs of the election for a 911 service area shall be a proper charge against the city or cities initiating the election.

(2) The voters of any county or 911 service area may authorize funding to support implementation of a consolidated emergency communications system pursuant to the provisions of this chapter. The authorization to provide such funding must be made by the registered voters of the county or of the 911 service area at either a primary or general election. A notice for any election shall be published for twenty (20) days as required by section 60-109, Idaho Code. A sixty percent (60%) majority of the votes cast in favor of the question shall be necessary to authorize the emergency communications fee.

(3) If a 911 system is to be financed in whole or in part by an emergency communications fee, the governing board shall submit the question to the electors of the county or 911 service area in substantially the following form:

"Shall the governing board of ………… be authorized to institute an emergency communications fee in an amount no greater than one dollar ($l.00) per month to be used to fund an emergency telephone system, commonly known as 911 service?".

(4) No emergency communications fee for a consolidated emergency communications system shall be charged without voter approval as provided in subsection (2) of this section.

(5) Any net savings in operating expenditures realized by any taxing district utilizing a consolidated emergency communications system shall be used by that taxing district for a reduction in the property tax charges of that taxing district.

(6) If the voters of any county or 911 service area have previously approved funding of a consolidated emergency communications system in the manner provided in subsections (2) and (3) of this section, no further vote is necessary to authorize the emergency communications fee set forth in this act.

(7) Effective October 1, 2004, and every year thereafter, the emergency communications fee provided for in this act shall be reviewed and modified as required by this subsection by the board of commissioners of a countywide system or by the governing board of a 911 service area as follows:

(a) The level of the emergency communications fee shall be reviewed and, as appropriate and necessary, readjusted by action of the board of commissioners or the governing board on an annual basis. The board of commissioners or governing board shall set the level of the fee based upon the revenue requirements necessary to implement an annual budget prepared under the direction of the board of commissioners or governing board for the initiation, maintenance, operation, enhancement and governance of a consolidated emergency communications system, including both basic and, if applicable, enhanced consolidated emergency systems.

(b) The revenues from emergency communications fees shall be exclusively expended pursuant to the budget established in paragraph (a) of this subsection. Use of such revenues for any other purpose is expressly prohibited.

(c) The process of reviewing and setting the level of emergency communications fees shall be governed by the meeting and public notice provisions of section 31-710(4), Idaho Code. For the purposes of this section, the setting of a fee shall be deemed to be the promulgation of a rule such that public participation provisions of section 67-5222, Idaho Code, shall apply to the meetings of the board of commissioners or of a governing board pursuant to this section.

History:

[31-4803, added 1988, ch. 348, sec. 1, p. 1028; am. 1989, ch. 196, sec. 1, p. 492; am. 1990, ch. 200, sec. 3, p. 450; am. 1994, ch. 86, sec. 2, p. 203; am. 2003, ch. 290, sec. 3, p. 787.]
Idaho Code § 31-2104 — Idaho Code / Title 31 / Chapter 21 / Section 31-2104
31-2104 TREASURER MUST RECEIPT FOR MONEY.
Status: in_force

31-2104. Treasurer must receipt for money. When any money is paid to the county treasurer he must give to the person paying the same a receipt therefor, which must forthwith be deposited with the county auditor, who must charge the treasurer therewith and give the person paying the same a receipt.

History:

[(31-2104) 1863, p. 475, sec. 113; R.S., sec. 1842; reen. R.C. & C.L., sec. 1993; C.S., sec. 3565; I.C.A., sec. 30-1604.]
Idaho Code § 31-825 — Idaho Code / Title 31 / Chapter 8 / Section 31-825
31-825 MAINTENANCE OF COUNTY LAW LIBRARY.
Status: in_force

31-825. Maintenance of county law library. To contract to purchase and to purchase and provide for care by clerk of district court of such law books and pamphlets as said commissioners may judge from time to time necessary for use of the district court and the county officials and bar of the county, and to provide for the care of all such books and pamphlets as may be donated or loaned to the county from time to time.

History:

[(31-825) R.C., sec. 1917x, as added by 1917, ch. 135, sec. 1, p. 445; reen. C.L., sec. 1917y; C.S., sec. 3440; I.C.A., sec. 30-731.]
Idaho Code § 31-108 — Idaho Code / Title 31 / Chapter 1 / Section 31-108
31-108 BINGHAM COUNTY.
Status: in_force

31-108. Bingham county. Bingham county is described as follows: beginning at the northwest corner of section thirty-one (31), township six (6) south, range thirty (30) east:

Southern boundary. Thence east along the section line between sections thirty-one (31) and thirty (30), township and range aforesaid, and an extension thereof to the point where such extended line intersects with the center of the west channel of Snake river; thence up the center of the west channel of Snake river and the center of the main channel of Snake river to the intersection of the township line between townships four (4) and five (5) south; thence east along the said township line between townships four (4) and five (5) south to the southwest corner of township four (4) south, range forty-two (42) east;

Eastern boundary. Thence north along the range line between ranges forty-one (41) and forty-two (42) east to the southeast corner of township one (1) south, range forty-one (41) east;

Northern boundary. Thence west along the township line between township one (1) and township two (2) south, to the southwest corner of township one (1) south, range forty (40) east; thence north along the range line to the base line; thence west along the base line to the southwest corner of township one (1) north, range thirty-eight (38) east; thence north along the range line to the northeast corner of section twenty-four (24), township one (1) north, range thirty-seven (37) east; thence west along section lines to the southwest corner of section fifteen (15), township one (1) north, range thirty-seven (37) east; thence north along the section line to the northwest corner of said section fifteen (15), township one (1) north, range thirty-seven (37) east; thence west, following the section lines to the range line between ranges thirty-three (33) and thirty-four (34) east; thence north to the south line of Jefferson county; thence west along the south line of Jefferson county to the southeast corner of township four (4) north, range thirty-one (31) east; thence westerly along said township line seven and eighty-one hundredths (7.81) chains to the closing corner of sections three (3) and four (4), township three (3) north, range thirty-two (32) east, Boise meridian;

Western boundary. Thence south along section lines to the corner of sections three (3), four (4), thirty-three (33) and thirty-four (34), townships two (2) and three (3) north, range thirty-two (32) east; thence west along the township line to the corner of townships two (2) and three (3) north, ranges thirty (30) and thirty-one (31) east, Boise meridian; thence south along the range line to the corner of township two (2) north, ranges thirty (30) and thirty-one (31) east, Boise meridian; thence west along the township line to the closing corner of sections three (3) and four (4), township one (1) north, range thirty (30) east; thence south along the section lines to the standard corner of sections thirty-three (33) and thirty-four (34), township one (1) north, range thirty (30) east; thence west to closing corner of sections three (3) and four (4), township one (1) south, range thirty (30) east; thence south along section lines to the corner of sections three (3), four (4), thirty-three (33) and thirty-four (34), townships one (1) and two (2) south, range thirty (30) east; thence west along said township line to the corner of townships one (1) and two (2) south, ranges twenty-nine (29) and thirty (30) east, Boise meridian; thence south along the range line between townships twenty-nine (29) and thirty (30) east, to place of beginning.

County seat–Blackfoot.

History:

[(31-108) Compiled and reen. C.L. 3:8; C.S., sec. 12; am. 1921, ch. 210, sec. 1, p. 420; I.C.A., sec. 30-108.]
Idaho Code § 31-4919 — Idaho Code / Title 31 / Chapter 49 / Section 31-4919
31-4919 INCLUSION OF ADDITIONAL COUNTIES.
Status: in_force

31-4919. Inclusion of additional counties. Any county which is not a participating county of a district may, with the consent of the district board and the consent of the commissioners of a majority of the participating counties, become a participating county of a district by adoption of a resolution in accordance with section 31-4903, Idaho Code.

History:

[31-4919, added 1990, ch. 390, sec. 1, p. 1091.]
Idaho Code § 31-131 — Idaho Code / Title 31 / Chapter 1 / Section 31-131
31-131 LATAH COUNTY.
Status: in_force

31-131. Latah county. Latah county is described as follows: beginning at a point where the middle line of township thirty-seven (37) north intersects the boundary line between the state of Idaho and the state of Washington;

Western boundary. Thence north along the said boundary line to a point where the watershed between Hangman's creek and Palouse river crosses the said boundary line;

Northern boundary. Thence in a southeasterly direction along the said watershed to a point where this line crosses the section line between sections twenty-seven (27) and twenty-eight (28), township forty-three (43) north, range four (4) west; thence south on the said section line to the section corner common to sections twenty-seven (27), twenty-eight (28), thirty-three (33) and thirty-four (34), in the same township and range; thence east on this section line to the eastern boundary of the said township and range; thence north on the range line to the northwest corner of section thirty-one (31), township forty-three (43) north, range three (3) west; thence east along the section line running on the north of said section thirty-one (31), to the northeast corner of section thirty-three (33), township forty-three (43) north, range one (1) west; thence south one (1) mile, to the township line between townships forty-two (42) and forty-three (43) north; thence east along the said township line approximately 6 miles to the northeast corner of section four (4), township forty-two (42) north, range one (1) east, being the northeast corner of Latah county with Benewah county to the north and Shoshone county to the east;

Eastern boundary. Thence south along the section lines, approximately 2 miles to the southeast corner of section nine (9), township forty-two (42) north, range one (1) east;

Thence east along the section line, approximately 1 half mile to the north quarter corner of section fifteen (15), township forty-two (42) north, range one (1) east;

Thence south along the midsection line, approximately 2 miles to the south quarter corner of section twenty-two (22), township forty-two (42) north, range one (1) east;

Thence west along the section line, approximately 1 quarter mile to the west sixteenth corner of sections twenty-two (22) and twenty-seven (27), township forty-two (42) north, range one (1) east;

Thence west along the section line, 90 feet to a duly surveyed property corner monument;

Thence south along the property line, approximately 1 half mile to a duly surveyed property corner monument;

Thence east along the section subdivision line, 90 feet to the center west sixteenth corner of section twenty-seven (27);

Thence south along sixteenth section subdivision lines, approximately 1 and 1 half miles to the west sixteenth corner of sections thirty-four (34) and three (3), township forty-two (42) north and township forty-one (41) north, range one (1) east, being the southwest corner of Shoshone county with Latah county to west and south;

Thence east along the township line, approximately 1 quarter mile to the north quarter corner of section three (3), township forty-one (41) north, range one (1) east, being the northwest corner of Clearwater county with Shoshone county to the north and Latah county to the west;

Thence south along midsection lines, approximately 6 miles to the south quarter corner of section thirty-four (34), township forty-one (41) north, range one (1) east;

Thence west along the township line, approximately 22.8 chains (1,505 feet) to the west sixteenth corner of section three (3), township forty (40) north, range one (1) east;

Thence south along sixteenth section subdivision lines, approximately 1 mile to the west sixteenth corner of sections three (3) and ten (10), township forty (40) north, range one (1) east;

Thence west along the section line, 90 feet to a duly surveyed property corner monument;

Thence south along the property line, approximately 1 quarter mile to a duly surveyed property corner monument;

Thence east along the section subdivision line, 90 feet to the northwest sixteenth corner of section ten (10), township forty (40) north, range one (1) east;

Thence south along sixteenth section subdivision lines, approximately 4 and 3 quarter miles to the west sixteenth corner of sections thirty-four (34) and three (3), townships forty (40) north and thirty-nine (39) north, range one (1) east;

Thence west along the township line, approximately 90 feet to an unmonumented property corner;

Thence south approximately 1 half mile to a duly surveyed property corner monument;

Thence south approximately 1 half mile to a duly surveyed property corner on the south line of section three (3), township thirty-nine (39), range one (1) east;

Thence west along the section line approximately 1230 feet to the northeast corner of section nine (9), township thirty-nine (39) north, range one (1) east;

Thence south along section lines, approximately 5 miles to the southeast corner of section thirty-three (33), township thirty-nine (39) north, range one (1) east;

Thence east along the township line, approximately 5.83 chains (385 feet) to the northeast corner of section four (4), township thirty-eight (38) north, range one (1) east;

Thence south along section lines, approximately 3 miles to the middle line of the township, and the southeast corner of section sixteen (16), township thirty-eight (38) north, range one (1) east, being the southeast corner of Latah county with Clearwater county to the east and south;

Southern boundary. Thence west on the middle line of township thirty-eight (38) north to the point of intersection of said middle line and the center of Big Potlatch creek; thence along the average center of said creek south 41°29'00" west 433.17 feet; thence south 83°01'30" west 555.76 feet; thence north 72°43'45" west 486.51 feet; thence north 41°28'30" west 762.95 feet; thence north 72°52'00" west 134.45 feet; to a point which is north 358.29 feet from the corner common to Sections 16, 17, 20 and 21, township thirty-eight (38) north, range 2 west, Boise Meridian; thence north 72°52'00" west 2007.63 feet; thence south 48°22'30" west 949.70 feet; thence north 88°25'15" west 1485.48 feet; thence south 45°57'45" west 770.90 feet; thence north 82°46'15" west 750.35 feet; thence south 43°28'45" west 1160.84 feet; thence south 65°32'00" west 804.18 feet; thence south 46°29'30" west 527.72 feet; thence south 53°01'15" west 717.00 feet; to a point which is south 2073.86 feet from the one-quarter corner common to Sections 18 and 19 township thirty-eight (38) north, range 2 west, Boise Meridian; thence south 53°01'15" west 685.19 feet; thence south 30°54'30" west 1373.34 feet; thence south 84°44'45" west 1151.76 feet; thence south 21°04'00" east 1132.26 feet; thence south 05°04'00" west 902.41 feet; thence south 78°56'15" west 493.86 feet; to a point which is south 657.49 feet from the corner common to Sections 24, 19, 31 and 25, township thirty-eight (38) north, range 3 west and range 2 west, Boise Meridian; thence south 78°56'15" west 136.97 feet; thence north 87°54'15" west 2370.65 feet; thence south 73°27'15" west 1216.03 feet; thence south 34°56'45" west 2443.32 feet; thence south 55°35'15" west 258.89 feet; to a point which is south 447.50 feet from the one-quarter corner common to Sections 26 and 25, township thirty-eight (38) north, range 3 west, Boise Meridian; thence south 55°35'15" west 2071.08 feet; thence south 42°55'30" west 1609.29 feet; to a point which is located west 2811.85 feet from the corner common to Sections 26, 25, 36 and 35, township thirty-eight (38) north, range 3 west, Boise Meridian; thence south 44°33'29" west 950.95 feet; thence south 07°36'44" west 869.85 feet; thence south 28°34'42" west 740.46 feet; thence south 30°26'40" west 397.99 feet; thence south 03°38'57" west 618.32 feet; thence south 38°21'12" west 690.57 feet; thence south 54°22'07" west 56.90 feet; thence south 69°39'54" west 343.03 feet; thence south 82°19'22" west 333.65 feet; thence south 65°55'57" west 647.97 feet; thence south 63°14'18" west 784.25 feet; thence north 85°46'49" west 1140.68 feet; thence south 37°18'55" west 820.62 feet; thence south 30°42'01" west 840.83 feet; thence south 02°55'30" east 1395.50 feet; thence south 10°47'35" west 233.84 feet; thence south 52°26'42" west 474.82 feet; thence south 31°23'33" west 1307.49 feet; thence south 15°45'00" west 732.84 feet; thence south 10°27'38" east 755.37 feet; to a point which is east 662.51 feet and north 02°06'09" west 8.57 feet from the corner common to Sections 3, 4, 9 and 10, township thirty-seven (37) north, range 3 west, Boise Meridian, which corner is marked by a Brass Cap Monument set 1556.70 feet east of said corner set by James W. Grow, R.L.S. #749; thence south 02°06'09" east 317.10 feet; thence south 11°10'52" west 528.81 feet; thence south 33°23'33" west 1343.54 feet; thence south 18°47'37" east 514.74 feet; thence south 18°33'57" west 902.43 feet; thence south 10°36'14" west 654.11 feet; thence south 21°02'12" west 343.00 feet; thence south 31°52'33" west 896.41 feet; to a point that is west 983.97 feet and north 05°04'43" east 80.67 feet from the corner common to Sections 9, 10, 15 and 16, township thirty-seven (37) north, range 3 west, Boise Meridian, being marked by a 5/8" iron pin set in a mound of stone by James W. Grow, R.L.S. #749, and by a Brass Cap Monument set 1136.66 feet west of said section corner; thence south 05°04'43" west 488.49 feet; thence south 15°20'14" west 272.28 feet; thence south 27°52'57" west 661.93 feet; thence south 57°36'12" west 456.93 feet; thence south 21°50'14" west 385.38 feet; thence south 12°45'28" east 367.96 feet; thence south 67°00'39" east 464.34 feet; thence south 22°07'05" west 1097.33 feet; thence south 33°13'49" west 576.62 feet; thence south 13°03'47" east 296.08 feet; thence south 34°16'41" west 1198.35 feet; thence south 21°36'07" west 183.18 feet; to a point on the north line of Section 21, township thirty-seven (37) north, range 3 west, Boise Meridian, said point being east 1482.32 feet from the northwest corner of said Section 21, which corner is marked by a Brass Cap Monument lying east 1845.18 feet from said corner; thence west along the middle line of township thirty-seven (37) north to the point of beginning.

County seat–Moscow.

History:

[(31-131) Compiled and reen. C.L. 3:28; C.S., sec. 35; I.C.A., sec. 30-131; am. 1978, ch. 248, sec. 1, p. 543; am. 2024, ch. 222, sec. 5, p. 783; am. 2025, ch. 159, sec. 1, p. 769.]
Idaho Code § 31-1410A — Idaho Code / Title 31 / Chapter 14 / Section 31-1410A
31-1410A DECISION TO INCREASE THE SIZE OF THE BOARD.
Status: in_force

31-1410A. Decision to increase the size of the board. (1) Subsequent to the creation of a fire protection district and the appointment of the first board of fire protection commissioners, the fire protection board may, by a majority vote of all of the fire protection district board members, elect to increase the size of the board to five (5) members.

(2) If the board of fire protection commissioners elects to expand the board to five (5) members, the existing board members shall subdivide the district into five (5) subdivisions as nearly equal in population, area, and mileage as practicable to be known as subdistricts one, two, three, four and five.

(3) At the first election following the decision of the board of fire protection commissioners to expand the board from three (3) to five (5) members, five (5) commissioners shall be elected. The commissioners from fire protection subdistricts one and two shall be elected to a term of two (2) years, the commissioners from subdistricts three, four, and five shall be elected to a term of four (4) years. Thereafter, the term of all commissioners shall be four (4) years.

(4) A fire district that, prior to the effective date of this section, had elected to expand a board from three (3) to five (5) members shall, prior to the next election of the district, adopt a transition schedule as nearly reflecting the schedule provided in this section as possible. For commissioners whose offices expire in 2012 and in any even-numbered year, such commissioners shall remain in office until the next election in an odd-numbered year.

History:

[(31-1410A) 31-1408A, added 1998, ch. 190, sec. 2, p. 692; am. 2001, ch. 109, sec. 1, p. 372; am. and redesig. 2006, ch. 318, sec. 5, p. 992; am. 2011, ch. 11, sec. 4, p. 28; am. 2024, ch. 16, sec. 9, p. 143.]
Idaho Code § 31-4821 — Idaho Code / Title 31 / Chapter 48 / Section 31-4821
31-4821 ADMINISTRATIVE SUPPORT.
Status: in_force

31-4821. administrative support. The commission may, with consensus of the governor and legislature of the state of Idaho, create positions including, but not limited to, executive director, 911 program manager, 911 grants manager, statewide interoperability coordinator, national public safety broadband network program manager, or other administrative support positions as required to carry out the provisions of this chapter. In accordance with the law of the state of Idaho, and striving to keep administrative costs to a minimum, the commission may hire, fix the compensation and prescribe the powers and duties of such individuals.

History:

[31-4821, added 2016, ch. 127, sec. 10, p. 373.]
Idaho Code § 31-1605 — Idaho Code / Title 31 / Chapter 16 / Section 31-1605
31-1605 HEARING UPON BUDGET APPROPRIATIONS — ADOPTION OF FINAL BUDGET — FIXING OF LEVIES — GENERAL RESERVE APPROPRIATION.
Status: in_force

31-1605. Hearing upon budget appropriations — Adoption of final budget — Fixing of levies — General reserve appropriation. On or before the Tuesday following the first Monday in September of each year the board of county commissioners shall meet at the time and place designated in said notice. Any taxpayer may appear and be heard upon any part or parts of said tentative budget. Such hearing may be continued from day to day but must be concluded by the second Monday in September. Any officer or employee in charge of any office, department, service, agency or institution of the county may be called before said board at the time the estimates for his office, department, service, agency or institution are under consideration and be examined by said board or any taxpayer concerning the expenditures made by him and the estimated expenditures for the ensuing fiscal year.

Upon the conclusion of such hearing, the county commissioners shall fix and determine the amount of the budget, which in no event shall be greater than the amount of the tentative budget or include an amount to be raised from property taxes greater than the amount advertised, and by resolution adopt the budget and enter said resolution on the official minutes of the board.

Said budget as finally adopted for the ensuing fiscal year shall specify the fund or funds against which warrants shall be issued for the expenditures so authorized, respectively, and the aggregate of expenditures authorized against any fund shall not exceed the estimated revenues to accrue to such fund during the ensuing fiscal year from sources other than taxation together with any balances and plus revenues to be derived from taxation for such ensuing fiscal year, within the limitations imposed by chapter 8 of title 63, Idaho Code, or by any statutes of the state of Idaho in force and effect.

Thereafter, at the time provided by law, the board of county commissioners shall fix the levies for the ensuing fiscal year necessary to raise the amount of expenditures as determined by the adopted budget, less the total estimated revenues from sources other than taxation, including available surplus, not subject to the provisions of section 31-1605A, Idaho Code, as determined by the board, and such expenditures as are to be made with the proceeds of authorized bond issues.

During the year the county commissioners may proceed to adjust the budget as adopted to reflect the receipt of unscheduled revenue, grants, or donations from federal, state or local governments or private sources, provided that there shall be no increase in anticipated property taxes. The annual budget procedure shall be complied with as nearly as practicable before the budget may be adjusted.

The board shall also have the right to make a "general reserve appropriation," said appropriation not to exceed five per cent (5%) of the current expense budget as finally adopted, the total levy however, for current expense, including the "general reserve appropriation," to be within the limitations imposed by chapter 8 of title 63, Idaho Code, or by any statutes of the state of Idaho in force and effect. In the event of any unforeseen contingency arising, which could not reasonably have been foreseen at the time of making the budget, and which shall require the expenditure of money not provided for in the budget, the board of county commissioners, by unanimous vote thereof, shall have the right to make an appropriation from the "general reserve appropriation" to the office, department, service, agency or institution in which said contingency arises, in such amount as shall be determined by resolution of said board. Provided, however, that no appropriation may be made from the "general reserve appropriation" to any county fund which is authorized under the law to make a special levy.

History:

[(31-1605) 1931, ch. 122, sec. 5, p. 210; I.C.A., sec. 30-1205; am. 1975, ch. 153, sec. 1, p. 393; am. 1976, ch. 45, sec. 13, p. 131; am. 1981, ch. 318, sec. 2, p. 663; am. 1990, ch. 24, sec. 1, p. 37; am. 1995, ch. 61, sec. 18, p. 142; am. 1996, ch. 322, sec. 13, p. 1041.]
Idaho Code § 31-4814 — Idaho Code / Title 31 / Chapter 48 / Section 31-4814
31-4814 CONFIDENTIAL AND PROPRIETARY DATA.
Status: in_force

31-4814. Confidential and proprietary data. All data submitted to governing boards by wireless carriers deemed by such carriers as confidential and proprietary shall be deemed to be trade secrets pursuant to chapter 1, title 74, Idaho Code.

History:

[31-4814, added 2003, ch. 290, sec. 9, p. 791; am. 2015, ch. 141, sec. 57, p. 420.]
Idaho Code § 31-1606 — Idaho Code / Title 31 / Chapter 16 / Section 31-1606
31-1606 EXPENDITURE LIMITED BY APPROPRIATIONS — ROAD AND BRIDGE APPROPRIATIONS — INCREASE OF SALARIES.
Status: in_force

31-1606. Expenditure limited by appropriations — Road and bridge appropriations — Increase of salaries. (1) The estimates of expenditures as classified in each of the three (3) general classes, "salaries," "benefits" and "detail of other expenses," required in section 31-1602, Idaho Code, as finally fixed and adopted as the county budget by said board of county commissioners, shall constitute the appropriations for the county for the ensuing fiscal year. Each and every county official or employee shall be limited in making expenditures or the incurring of liabilities to the respective amounts of such appropriations. Provided, in the case of road and bridge appropriations, other than "salaries" and "benefits," any lawful transfer deemed necessary may be made by resolution formally adopted by the board of county commissioners at a regular or special meeting thereof, which action must be entered upon the minutes of said board; provided, further, that no salary may be increased during the ensuing year after the final budget is adopted without resolution of the board of county commissioners, which resolution shall be entered in the minutes.

(2) Upon notification by the state controller, budget and appropriations information shall conform to the standards established in the uniform accounting manual for local governmental entities pursuant to section 67-1075, Idaho Code.

History:

[(31-1606), added 1931, ch. 122, sec. 6, p. 210; I.C.A., sec. 30-1206; am. 1976, ch. 45, sec. 15, p. 133; am. 1995, ch. 61, sec. 20, p. 143; am. 2021, ch. 89, sec. 10, p. 306.]
Idaho Code § 31-4804 — Idaho Code / Title 31 / Chapter 48 / Section 31-4804
31-4804 EMERGENCY COMMUNICATIONS FEE.
Status: in_force

31-4804. Emergency communications fee. (1) The emergency communications fee provided pursuant to the provisions of this chapter shall be a uniform amount not to exceed one dollar ($1.00) per month per access or interconnected VoIP service line, and such fee shall be used exclusively to finance the initiation, maintenance, operation, enhancement and governance of a consolidated emergency communications system and provide for the reimbursement of telecommunications providers for implementing enhanced consolidated emergency systems as provided for in section 31-4804A, Idaho Code. All emergency communications fees collected and expended pursuant to this section shall be audited by an independent, third-party auditor ordinarily retained by the governing board for auditing purposes. The purpose of the audit as related to emergency communications systems is to verify the accuracy and completeness of fees collected and costs expended.

(2) The fee shall be imposed upon and collected from purchasers of access lines or interconnected VoIP service lines with a service address or place of primary use within the county or 911 service area on a monthly basis by all telecommunications providers of such services. The fee may be listed as a separate item on customers' monthly bills.

(3) The telecommunications providers shall remit such fee to the county treasurer's office or the administrator for the 911 service area based upon the 911 service area from which the fees were collected. In the event the telecommunications provider remits such fees based upon the emergency communications fee billed to the customer, a deduction shall be allowed for uncollected amounts when such amounts are treated as bad debt for financial reporting purposes.

(4) From every remittance to the governing body made on or before the date when the same becomes due, the telecommunications provider required to remit the same shall be entitled to deduct and retain one percent (1%) of the collected amount as the cost of administration for collecting the charge. Telecommunications providers will be allowed to list the surcharge as a separate item on the telephone subscriber's bill and shall have no obligation to take any legal action to enforce the collection of any charge, nor be held liable for such uncollected amounts.

(5) Use of fees. The emergency communications fee provided hereunder shall be used only to pay for the lease, purchase or maintenance of emergency communications equipment for basic and enhanced consolidated emergency systems, and next generation consolidated emergency systems (NG911), including necessary computer hardware, software, database provisioning, training, salaries directly related to such systems, costs of establishing such systems, management, maintenance and operation of hardware and software applications and agreed-to reimbursement costs of telecommunications providers related to the operation of such systems. Use of the emergency communications fee should, if possible, coincide with the strategic goals as identified by the Idaho public safety communications commission in its annual report to the legislature. However, the county or 911 service area governing board has final authority on lawful expenditures. All other expenditures necessary to operate such systems and other normal and necessary safety or law enforcement functions including, but not limited to, those expenditures related to overhead, staffing, dispatching, administrative and other day-to-day operational expenditures, shall continue to be paid through the general funding of the respective governing boards; provided however, that any governing body using the emergency communications fee to pay the salaries of dispatchers as of March 1, 2006, may continue to do so until the beginning of such governing body's 2007 fiscal year.

History:

[31-4804, added 1988, ch. 348, sec. 1, p. 1028; am. 1990, ch. 200, sec. 4, p. 451; am. 2003, ch. 290, sec. 4, p. 788; am. 2003, ch. 311, sec. 2, p. 854; am. 2006, ch. 238, sec. 1, p. 722; am. 2007, ch. 340, sec. 3, p. 997; am. 2016, ch. 127, sec. 3, p. 367.]
Idaho Code § 31-832 — Idaho Code / Title 31 / Chapter 8 / Section 31-832
31-832 DECLARATION OF CATASTROPHIC PUBLIC NUISANCE — AUTHORITY TO DECLARE AND DEMAND ABATEMENT.
Status: in_force

31-832. declaration of catastrophic public nuisance — AUTHORITY TO DECLARE AND DEMAND ABATEMENT. (1) The chief executive officer of a county or the county sheriff may determine that a catastrophic public nuisance exists on land within the borders of the county.

(2) In evaluating whether a catastrophic public nuisance exists, the chief executive officer of a county or a county sheriff may consider: tree density and overall health of a forested area, including the fire regime condition class; insect and disease infestation, including insect and disease hazard ratings; fuel loads; forest or range type; slope and other natural characteristics of an area; watershed protection criteria; weather and climate; and any other factor that the chief executive officer of a county or a county sheriff considers to be relevant under the circumstances.

(3) The chief executive officer of a county or a county sheriff shall after consultation with the attorney general:

(a) Serve notice of the determination described in subsection (1) of this section, by hand or certified mail, on the federal agency that managed the land upon which the catastrophic nuisance exists; and

(b) Provide a copy of the determination that is served under paragraph (a) of this subsection to the governor, the attorney general, and the state's congressional delegation.

(4) The notice described in subsection (3)(a) of this section shall include: a detailed explanation for determination that a catastrophic public nuisance exists on the land in question; a demand that the federal agency formulate a plan to abate the catastrophic nuisance; and a specific date, no less than thirty (30) days after the day on which the notice is received, by which time the federal agency that managed the land shall abate the public nuisance or produce a plan for mitigating the catastrophic public nuisance that is acceptable to the county or other county.

(5) The chief executive officer of a county or a county sheriff may enter into a plan with the relevant federal agency to abate the catastrophic public nuisance.

(6) If, after receiving the notice described in subsections (3)(a) and (4) of this section, the federal agency does not respond by the date requested in the notice or otherwise indicates that the federal agency is unwilling to take action to abate the catastrophic public nuisance, the chief executive officer of a county or a county sheriff shall consult with the county prosecuting attorney and attorney general.

History:

[31-832, added 2016, ch. 366, sec. 1, p. 1076.]
Idaho Code § 31-5604 — Idaho Code / Title 31 / Chapter 56 / Section 31-5604
31-5604 BOARD OF COUNTY COMMISSIONERS — LEGISLATIVE AND EXECUTIVE AUTHORITY — OPTIONAL EXECUTIVE BOARD.
Status: in_force

31-5604. Board of county commissioners — Legislative and executive authority — Optional executive board. (1) Upon the adoption of the form of county government provided in this chapter, the legislative authority of the county and, except as provided in subsection (2) of this section, the executive authority of the county shall be vested in the seven (7) member board of county commissioners.

(2) The executive authority of the county may be vested in an executive board comprised of three (3) members of the board of county commissioners chosen by the board as a whole, in a manner to be determined by the board. If the board of county commissioners determines to vest the executive authority of the county in an executive board, the board shall identify the manner in which the executive board shall be chosen and shall choose the executive board within thirty (30) days of the adoption of the form of government provided in this chapter.

History:

[31-5604, added 1996, ch. 283, sec. 7, p. 941.]
Idaho Code § 31-4404 — Idaho Code / Title 31 / Chapter 44 / Section 31-4404
31-4404 FUNDING OF OPERATIONS.
Status: in_force

31-4404. Funding of operations. For the purpose of providing funds to acquire sites, facilities, operate and/or maintain solid waste disposal systems, a board of county commissioners may in addition to the authority granted in sections 31-4402 and 31-4403, Idaho Code:

(1) Levy a tax of not to exceed four hundredths percent (.04%) of the market value for assessment purposes on all taxable property within the county, provided that property located within the corporate limits of any city that is operating and maintaining a solid waste disposal site shall not be levied against for the purposes of the county solid waste disposal system; or,

(2) Collect fees from the users of the solid waste disposal facilities; or,

(3) Finance the solid waste disposal facilities from current revenues; or,

(4) Receive and expend moneys from any other source;

(5) Establish solid waste collection systems where necessary or desirable and provide a method for collection of service fees, among which shall be certification of a special assessment on the property served;

(6) Use any combination of subsections (1), (2), (3), (4), and (5) of this section.

History:

[31-4404, added 1970, ch. 104, sec. 4, p. 259; am. 1971, ch. 61, sec. 4, p. 137; am. 1995, ch. 82, sec. 10, p. 224.]
Idaho Code § 31-4102 — Idaho Code / Title 31 / Chapter 41 / Section 31-4102
31-4102 TRANSLATOR DISTRICT — PURPOSES.
Status: in_force

31-4102. Translator district — Purposes. The purposes of a translator district shall be to serve the public interest, convenience, and necessity in the construction, maintenance and operation of translator stations and any system necessary thereto by appropriate electronic means for television program distribution, but the purposes are not meant to include the construction or operation of community antenna systems, commonly known and referred to as cable TV systems. Translator districts organized prior to January 1, 1977, may, in addition to other powers conferred by this chapter, receive and broadcast FM radio signals by appropriate electronic means.

History:

[31-4102, added 1969, ch. 308, sec. 2, p. 944; am. 1977, ch. 245, sec. 1, p. 722.]
Idaho Code § 31-2614 — Idaho Code / Title 31 / Chapter 26 / Section 31-2614
31-2614 CONTINGENT FUND — UNEXPENDED BALANCE.
Status: in_force

31-2614. Contingent fund — Unexpended balance. Any sum remaining in said fund on the thirtieth day of September of each year shall then be transferred by the county auditor to the general county revenue fund of said county.

History:

[(31-2614) 1911, ch. 140, sec. 6, p. 437; reen. C.L., sec. 2086g; C.S., sec. 3665; I.C.A., sec. 30-2114; am. 1976, ch. 45, sec. 26, p. 140.]
Idaho Code § 31-1007 — Idaho Code / Title 31 / Chapter 10 / Section 31-1007
31-1007 JOINT SITES AND BUILDINGS — INDEBTEDNESS.
Status: in_force

31-1007. Joint sites and buildings — Indebtedness. Counties and cities operating under sections 31-1005 and 31-1006, Idaho Code, are hereby authorized and empowered to incur indebtedness and issue bonds for any of the purposes authorized hereby in the same manner in which they are now or hereafter may be authorized by law to incur indebtedness and issue bonds for similar purposes.

History:

[(31-1007) 1919, ch. 126, sec. 3, p. 412; C.S., sec. 3469; I.C.A., sec. 30-807; am. 2022, ch. 111, sec. 16, p. 378.]
Idaho Code § 31-4805 — Idaho Code / Title 31 / Chapter 48 / Section 31-4805
31-4805 ESTABLISHMENT OF JOINT POWERS BOARD FOR OPERATION OF EMERGENCY COMMUNICATIONS SERVICE.
Status: in_force

31-4805. Establishment of joint powers board for operation of emergency communications service. Within one hundred eighty (180) days following voter approval of an emergency communications fee as provided in section 31-4803, Idaho Code, a governing board or administrator may be established under a joint powers agreement pursuant to sections 67-2326 through 67-2332, Idaho Code. Such joint powers board or administrator shall be responsible for establishing, maintaining, operating, enhancing and governing a consolidated emergency communications system. Providing an emergency communications service shall be considered a governmental function.

History:

[31-4805, added 1988, ch. 348, sec. 1, p. 1029; am. 2003, ch. 290, sec. 6, p. 790.]
Idaho Code § 31-2203 — Idaho Code / Title 31 / Chapter 22 / Section 31-2203
31-2203 PROCESS RETURNABLE TO ANOTHER COUNTY.
Status: in_force

31-2203. Process returnable to another county. When process or notices are returnable to another county, he may inclose such process or notice in an envelope addressed to the officer from whom the same emanated, and deposit it in the post-office, prepaying postage.

History:

[(31-2203) 1863, p. 475, sec. 7; R.S., sec. 1872; reen. R.C. & C.L., sec. 2025; C.S., sec. 3597; I.C.A., sec. 30-1703.]
Idaho Code § 31-2118 — Idaho Code / Title 31 / Chapter 21 / Section 31-2118
31-2118 MONEY FOUND ON DEAD BODIES — DEMAND BY LEGAL REPRESENTATIVES.
Status: in_force

31-2118. Money found on dead bodies — Demand by legal representatives. If the money in the treasury is demanded within six (6) years by the legal representatives of the decedent, the treasurer must pay it to them, after deducting the fees and expenses of the coroner and of the county in relation to the matter; or the same may be so paid at any time thereafter upon the order of the board of commissioners.

History:

[(31-2118) 1863, p. 475, sec. 147; R.S., sec. 1856; reen. R.C. & C.L., sec. 2007; C.S., sec. 3579; I.C.A., sec. 30-1618.]