Idaho Code § 31-114 — Idaho Code / Title 31 / Chapter 1 / Section 31-114
31-114 BUTTE COUNTY.
Status: in_force

31-114. Butte county. Butte county is described as follows: beginning at the point, which, when surveyed, will be the southeast corner of section thirty-one (31), township one (1) north, range twenty-four (24) east;

Western boundary. 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 present boundary line between Blaine and Custer counties; thence in a northerly direction along and upon the boundary line of Custer county to the point of intersection with the southern boundary line of Lemhi county;

Northern boundary. Thence east along southern boundary line of Lemhi county and township line between townships ten (10) and eleven (11) north to the corner of sections three (3), four (4), thirty-three (33) and thirty-four (34), townships ten (10) and eleven (11) north, range twenty-nine (29) east on western boundary line of Clark county; thence south along the section lines and western boundary line of Clark county, to the corner of sections three (3), four (4), thirty-three (33) and thirty-four (34), townships seven (7) and eight (8) north, range twenty-nine (29) east, the southwest corner of Clark county; thence east along the southern boundary line of Clark county and township line between townships seven (7) and eight (8) north, to the corner of townships seven (7) and eight (8) north, ranges thirty-one (31) and thirty-two (32) east on west boundary of Jefferson county;

Eastern boundary. Thence south along range line between ranges thirty-one (31) and thirty-two (32) east, and western boundary line of Jefferson county, to the southeast corner of township four (4) north, range thirty-one (31) east, Boise meridian; thence westerly along the 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; thence south along section lines to the corner of sections three (3), four (4), thirty-three (33) and thirty-four (34), townships twenty-two (22) and three (3) north, range thirty-two (32) east, on the western boundary of Bingham county; thence west along the township line and western boundary line of Bingham county 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 and western boundary line of Bingham county to the corner of township two (2) north, ranges thirty (30) and thirty-one (31) east, Boise meridian; thence west along the township line and western boundary line of Bingham county 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 and western boundary line of Bingham county 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 and western boundary line of Bingham county 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;

Southern boundary. Thence west along township line and boundary line of Bingham and Blaine counties to what will be, when surveyed, the southwest corner of township one (1) south, range twenty-seven (27) east, Boise meridian; thence north along the boundary line of Blaine county and what will be, when surveyed, the west boundary of township one (1) south, range twenty-seven (27) east, Boise meridian, to what will be, when surveyed, the northwest corner of township one (1) south, range twenty-seven (27) east, Boise meridian; thence west along the Base line and boundary line of Blaine county to the southeast corner of section thirty-one (31), township one (1) north, range twenty-four (24) east, Boise meridian, to place of beginning.

History:

[(31-114) Compiled and reen. C.L. 3:14; C.S., sec. 18; am. 1921, ch. 204, sec. 1, p. 411; I.C.A., sec. 30-114.]
Idaho Code § 31-2218 — Idaho Code / Title 31 / Chapter 22 / Section 31-2218
31-2218 ELISOR, WHEN APPOINTED.
Status: in_force

31-2218. Elisor, when appointed. Process and orders in an action or proceeding may be executed by a person residing in the county, designated by the court, the judge thereof, or a magistrate judge, and denominated an elisor in the following cases:

1. When the sheriff and coroner are both parties.

2. When either of these officers is a party and the process is against the other; and,

3. When either of these officers is a party and there is a vacancy in the office of the other, or when it appears by affidavit to the satisfaction of the court in which the proceeding is pending, or the judge thereof, that both of these officers are disqualified, or by reason of any bias, prejudice or other cause would not act promptly or impartially.

When the process is delivered to an elisor he must execute and return it in the same manner as the sheriff is required to execute similar process.

History:

[(31-2218) 1863, p. 475, secs. 57, 58; R.S., sec. 1887; reen. R.C. & C.L., sec. 2040; C.S., sec. 3612; I.C.A., sec. 30-1718; am. 1989, ch. 14, sec. 4, p. 16.]
Idaho Code § 31-2224 — Idaho Code / Title 31 / Chapter 22 / Section 31-2224
31-2224 DELIVERY OF PROPERTY TO SUCCESSOR — WRITTEN TRANSFER AND RECEIPT.
Status: in_force

31-2224. Delivery of property to successor — Written transfer and receipt. He must also, at the same time, deliver to the new sheriff a written transfer of the property. The new sheriff must thereupon acknowledge, in writing on a duplicate of the transfer, the receipt of the property.

History:

[(31-2224) 1863, p. 475, sec. 38; R.S., sec. 1894; reen. R.C. & C.L., sec. 2046; C.S., sec. 3618; I.C.A., sec. 30-1724; am. 2005, ch. 291, sec. 1, p. 928.]
Idaho Code § 31-2004 — Idaho Code / Title 31 / Chapter 20 / Section 31-2004
31-2004 DEPUTIES — APPOINTMENT DURING ABSENCE OF OFFICERS.
Status: in_force

31-2004. Deputies — Appointment during absence of officers. Any county officer who may be granted leave of absence from the county wherein he resides and holds office, is required to appoint a deputy to act for him and in his place while absent.

History:

[(31-2004) 1874, p. 822, sec. 1; R.S., sec. 1816; reen. R.C. & C.L., sec. 1976; C.S., sec. 3546; I.C.A., sec. 30-1504; am. 1989, ch. 347, sec. 2, p. 874.]
Idaho Code § 31-202 — Idaho Code / Title 31 / Chapter 2 / Section 31-202
31-202 PETITION FOR REMOVAL.
Status: in_force

31-202. Petition for removal. Public notice shall be given of the intention to circulate a petition praying for the removal of the county seat of any county from its then present location to some other point within said county, and in said petition designated, at least ten (10) days before the same is circulated, by publication in some newspaper printed in the county (if there be one), and by posting three (3) printed notices in three (3) public places at the county seat, and a like number at the place to which the county seat is proposed to be removed, in which notices the intent of said petition shall be set forth; and all signers to such petition or petitions shall be void and stricken from such petition if procured six (6) months before the first day of the term of court at which the application is to be made; and whenever such petition or petitions, addressed to the district court of such county, and stating the time when such election shall be held, shall be signed by a number of legal voters of said county, equal in number to a majority of all votes cast at the last general election therein, and shall be filed in the office of the clerk of the district court of said county, not less than twenty (20) nor more than forty (40) days before the first day of the term of said court next preceding the next general election, unless said term commences after the first day of October, then, in such case, the next preceding term. Such petition shall be deemed a proposal to remove the county seat of such county, and the point designated in said petition shall be deemed and taken as fixed by said petition, in pursuance of law, whenever the court shall order an election to such point as hereinafter provided, as the point to which it is proposed to remove the county seat of such county.

History:

[(31-202) 1890-1891, p. 57, sec. 119; reen. 1899, p. 33, sec. 106; reen. R.C. & C.L., sec. 467; C.S., sec. 651; I.C.A., sec. 30-202.]
Idaho Code § 31-4120 — Idaho Code / Title 31 / Chapter 41 / Section 31-4120
31-4120 PETITION FOR ABANDONMENT — ASSETS DEPOSITED IN COUNTY GENERAL FUND.
Status: in_force

31-4120. Petition for abandonment — Assets deposited in county general fund. If at any time a petition for abandonment of the translator district, signed by not less than sixty per cent (60%) of the resident owners of real property within the district, is filed with the board of trustees, the board of trustees shall forthwith notify the board or boards of county commissioners which created the district, and the board or boards of county commissioners shall by resolution immediately declare the district abandoned. All properties and moneys remaining after the satisfaction of all debts and obligation of the abandoned district shall be deposited to the credit of the general fund of the county; and if the abandoned district embraced areas in more than one (1) county, properties and moneys remaining after the satisfaction of all debts and obligation of the abandoned district shall be deposited to the credit of the general funds of the counties in proportion to the number of living units in each county which were served by the district.

History:

[31-4120, added 1969, ch. 308, sec. 20, p. 944.]
Idaho Code § 31-1409 — Idaho Code / Title 31 / Chapter 14 / Section 31-1409
31-1409 RESIDENCE QUALIFICATIONS OF COMMISSIONERS — TERM OF OFFICE — VACANCIES.
Status: in_force

31-1409. Residence qualifications of commissioners — Term of office — Vacancies. (1) At the meeting of the board of county commissioners at which the fire protection district is declared organized, as provided by section 31-1407, Idaho Code, the county commissioners shall divide the fire protection district into three (3) subdivisions, as nearly equal in population, area and mileage as practicable, to be known as fire protection commissioners subdistricts one, two and three. Not more than one (1) of the fire protection district commissioners shall be a resident of the same fire protection subdistrict, except that any commissioner appointed by the board of county commissioners under section 31-1408, Idaho Code, shall not be disqualified from the completion of the initial term for which the commissioner was appointed because of the subdistrict in which the commissioner resides. The first commissioners appointed by the board of county commissioners shall serve until the next fire protection district election, at which time their successors shall be elected. The term of office for fire protection commissioners shall commence on the second Monday of January succeeding the general election. Every fire protection district commissioner, whether appointed or elected, shall be an elector residing within the fire protection district for at least one (1) year immediately preceding appointment or election and shall be an elector residing in the subdistrict that the commissioner represents for a period of at least ninety (90) consecutive days before appointment or election.

(2) Any fire protection commissioner vacancy occurring, other than by the expiration of the term of office, shall be filled by the fire protection board. If a duly elected or appointed fire protection commissioner resigns, withdraws, becomes disqualified, refuses or, without first providing signed written notice of a temporary vacancy, becomes otherwise unable to perform the duties of office for longer than ninety (90) days, the board, on satisfactory proof of the vacancy, shall declare the office vacant. The board shall fill any vacancies within sixty (60) days of learning of the vacancy. When a vacancy occurs, the board shall direct the secretary to cause a notice of the vacancy to be published in at least one (1) issue of a newspaper of general circulation within the district. The notice shall include the date and time of the meeting when the board will vote to fill the vacancy, and the deadline for qualified elector residents interested in being appointed to the position to submit a written request for appointment to the board. Should the remaining members of the board fail to agree on an individual to fill the vacancy, it shall select the individual by placing the names of all interested persons who received the highest and equal number of votes in a container. The fire commissioner with the most continuous length of service shall draw one (1) name from the container. The person whose name is drawn shall then be appointed to fill the vacancy.

(3) If more than fifty percent (50%) of the elected official seats on a fire protection district board of commissioners are vacant, any remaining member of the fire protection district board of commissioners, or any elector of the fire protection district, may petition the board of county commissioners of the county or counties in which the subdistrict vacancies are situated to make such appointments as are necessary to fill the vacancies on the fire protection district board of commissioners. The vacancies shall be filled by the board or boards of county commissioners within sixty (60) days of receiving a written petition. Any fire commissioner so appointed shall serve out the remainder of the term for the commissioner last serving in the vacant seat to be filled and shall be a resident of the same fire protection commissioners subdistrict.

History:

[31-1409, added 1943, ch. 161, sec. 9, p. 324; am. 1986, ch. 137, sec. 7, p. 370; am. 1996, ch. 360, sec. 2, p. 1213; am. 2006, ch. 318, sec. 6, p. 993; am. 2016, ch. 89, sec. 2, p. 276; am. 2017, ch. 128, sec. 4, p. 300; am. 2018, ch. 168, sec. 1, p. 342; am. 2026, ch. 228, sec. 1, p. 1005.]
Idaho Code § 31-5608 — Idaho Code / Title 31 / Chapter 56 / Section 31-5608
31-5608 COUNTY ASSESSOR.
Status: in_force

31-5608. 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 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 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:

[31-5608, added 1996, ch. 283, sec. 7, p. 943; am. 1996, ch. 326, sec. 2, p. 1116.]
Idaho Code § 31-5701 — Idaho Code / Title 31 / Chapter 57 / Section 31-5701
31-5701 CONSOLIDATION OF OFFICES IN TWO OR MORE COUNTIES WITH OTHER CHARACTERISTICS OF EXISTING FORM IN EACH COUNTY REMAINING UNCHANGED — OFFICE OF COMMISSIONER MAY NOT BE CONSOLIDATED.
Status: in_force

31-5701. Consolidation of offices in two or more counties with other characteristics of existing form in each county remaining unchanged — Office of commissioner may not be consolidated. The form of government provided in this chapter shall consist of the consolidation of one (1) or more county offices, other than the office of county commissioner, in two (2) or more counties, with all other characteristics of the form of government existing in each participating county to continue unchanged. No petition or resolution proposing a consolidation of offices between or among counties shall propose any other optional form of county government or any other changes in the existing form of government in any of the counties proposing to consolidate offices; except that the question of adopting another optional form of government in a participating county as proposed by a separate petition or resolution may be submitted at the same general election by the governing body of that county, as provided in section 31-5005, Idaho Code. The petition or resolution shall identify each of the counties participating in the consolidation.

History:

[31-5701, added 1996, ch. 283, sec. 8, p. 945.]
Idaho Code § 31-846 — Idaho Code / Title 31 / Chapter 8 / Section 31-846
31-846 WITNESS FEES NEED NOT BE PREPAID.
Status: in_force

31-846. Witness fees need not be prepaid. Neither the officers serving subpoenas nor the witnesses subpoenaed to testify in relation to matters of public concern before the board of county commissioners are entitled to have their fees prepaid, but officers must serve the subpoenas and witnesses must attend without their fees being prepaid. The board may allow them reasonable compensation for services and attendance.

History:

[(31-846) R.S., sec. 1770; reen. R.C. & C.L., sec. 1921; C.S., sec. 3453; I.C.A., sec. 30-744.]
Idaho Code § 31-2219 — Idaho Code / Title 31 / Chapter 22 / Section 31-2219
31-2219 COMPENSATION FOR SERVICES TO STATE.
Status: in_force

31-2219. Compensation for services to state. When the sheriff or other officer is legally required to perform a service on behalf of the people of this state, which is not chargeable to his county or private person, his account and claim for compensation must be filed with the board of examiners, who shall consider and, if appropriate, approve and submit the same to the Idaho department of correction who shall pay the claim to the treasurer of the county of the sheriff or other officer who performed the service.

History:

[(31-2219) 1874, p. 543, sec. 47; R.S., sec. 1889; compiled and reen. R.C. & C.L., sec. 2041; C.S., sec. 3613; I.C.A., sec. 30-1719; am. 1984, ch. 79, sec. 2, p. 147; am. 2008, ch. 302, sec. 1, p. 842.]
Idaho Code § 31-4918 — Idaho Code / Title 31 / Chapter 49 / Section 31-4918
31-4918 LIABILITY OF PARTICIPATING COUNTY.
Status: in_force

31-4918. Liability of participating county. Each participating county shall be liable for the payment of its allocated costs pursuant to section 31-4908, Idaho Code. Each participating county shall be liable for environmental costs only to the extent provided in the comprehensive environmental response compensation and liability act of 1980, as the same now exists or may hereafter be amended, or to the extent provided in other applicable state or federal laws.

History:

[31-4918, added 1990, ch. 390, sec. 1, p. 1091.]
Idaho Code § 31-5002 — Idaho Code / Title 31 / Chapter 50 / Section 31-5002
31-5002 SHORT TITLE — APPLICATION.
Status: in_force

31-5002. Short title — Application. (1) This act shall be known and may be cited as the "Optional Forms of County Government Act."

(2) The provisions of chapters 50 and 51, title 31, Idaho Code, shall apply to chapters 52 through 57, title 31, Idaho Code.

History:

[31-5002, added 1996, ch. 283, sec. 1, p. 918.]
Idaho Code § 31-2402A — Idaho Code / Title 31 / Chapter 24 / Section 31-2402A
31-2402A MICROFILM RECORDS — METHOD OF DESIGNATION — OFFICIAL RECORDS.
Status: in_force

31-2402A. Microfilm records — Method of designation — Official records. In lieu of any or all of the separate books provided for in section 31-2402, Idaho Code, the county recorder may, in his discretion, where such record or document has been copied or reproduced by microfilm, scanned images, digital imaging, or microphotographic process or other approved electronic copying process, designate such record or document by consecutive volume and instrument numbers to be called "official records" and recorded consecutively in his office in suitable containers and cabinets or electronic storage devices.

The recording of such instruments and documents in such "official records" will impart notice in like manner and effect as if such instruments or documents were recorded in any of the separate books provided for in section 31-2402, Idaho Code.

History:

[31-2402A, as added by 1963, ch. 86, sec. 1, p. 281; am. 2005, ch. 243, sec. 3, p. 757.]
Idaho Code § 31-707 — Idaho Code / Title 31 / Chapter 7 / Section 31-707
31-707 CLERK OF BOARD.
Status: in_force

31-707. Clerk of board. The county auditor is ex officio clerk of the board of commissioners. The records must be signed by the chairman and the clerk.

History:

[(31-707) 1868, p. 100, sec. 6; R.S., sec. 1752; reen. R.C. & C.L., sec. 1910; C.S., sec. 3408; I.C.A., sec. 30-607.]
Idaho Code § 31-1414 — Idaho Code / Title 31 / Chapter 14 / Section 31-1414
31-1414 ELECTION FOR THE CONSOLIDATION OF DISTRICTS.
Status: in_force

31-1414. Election for the consolidation of districts. (1) Any two (2) or more fire districts may, in the discretion of the fire district commissioners, or shall, upon a petition signed by ten percent (10%) or more of the electors in the last general election residing in each of the fire protection districts proposed for consolidation, conduct an election in the manner provided in section 31-1405, Idaho Code, at which the following question shall be submitted to the electorate: "Shall ….. fire protection districts be consolidated?" or words equivalent thereto. At least one (1) public hearing shall be held by the boards of fire district commissioners prior to the election. If a majority of the votes cast in each district proposed for consolidation are in favor of consolidation, the districts shall be deemed consolidated and an agreement of consolidation in conformity with the provisions of section 31-1413, Idaho Code, shall be entered into by the fire protection district boards involved, except that an agreement of consolidation entered into pursuant to an election as provided in this section shall not thereafter be subject to an election upon objection as provided in subsection (2) of section 31-1413, Idaho Code.

(2) If two (2) districts are proposed for consolidation and less than a majority of the votes cast in any one (1) of the districts are in favor of the consolidation, the consolidation shall not become effective. If more than two (2) districts are proposed for consolidation, the consolidation may proceed with respect to those districts in which a majority of the votes cast are in favor of the consolidation.

History:

[(31-1414) 31-1411B, added 1997, ch. 372, sec. 2, p. 1186; am. and redesig. 2006, ch. 318, sec. 10, p. 997.]
Idaho Code § 31-5510 — Idaho Code / Title 31 / Chapter 55 / Section 31-5510
31-5510 COUNTY CORONER.
Status: in_force

31-5510. County coroner. For purposes of this act the duties of the county coroner shall be as provided in chapter 28, title 31, Idaho Code, and as otherwise prescribed by law. A county coroner:

(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 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:

[31-5510, added 1996, ch. 283, sec. 6, p. 940; am. 1996, ch. 326, sec. 2, p. 1113.]
Idaho Code § 31-4301 — Idaho Code / Title 31 / Chapter 43 / Section 31-4301
31-4301 SHORT TITLE.
Status: in_force

31-4301. Short title. This act shall be known and may be cited as the "recreation district law."

History:

[31-4301, added 1970, ch. 212, sec. 1, p. 599.]
Idaho Code § 31-5103 — Idaho Code / Title 31 / Chapter 51 / Section 31-5103
31-5103 STUDY COMMISSION TERMS — VACANCIES.
Status: in_force

31-5103. Study commission terms — Vacancies. (1) The term of office of a commission member initiates upon his appointment and concludes thirty (30) days after the issuance of the commission's final report.

(2) The governing body shall fill any vacancies occurring on the commission within thirty (30) days after the vacancy occurs.

(3) Members of the study commission shall serve without compensation, but may be reimbursed for expenses lawfully incurred in the performance of their duties.

History:

[31-5103, added 1996, ch. 283, sec. 2, p. 921.]
Idaho Code § 31-4510 — Idaho Code / Title 31 / Chapter 45 / Section 31-4510
31-4510 POWERS NOT RESTRICTED — LAW COMPLETE IN ITSELF — ELECTION.
Status: in_force

31-4510. Powers not restricted — Law complete in itself — Election. Neither this chapter nor anything herein contained shall be construed as a restriction or limitation upon any powers which any county might otherwise have under any laws of this state, but shall be construed as cumulative of any such powers. No proceedings, notice or approval shall be required for the issuance of any revenue bonds or any instrument as security therefor, except that no revenue bonds shall be issued hereunder until the board shall by resolution adopted by a majority of the board determine that the interest of the county and the public interest or necessity demand the acquisition, construction, installation and equipment of pollution control facilities to be financed for or to be sold, leased or otherwise disposed of to persons, associations or corporations other than municipal corporations or other political subdivisions, whereupon the board shall order the submission of the proposition of issuing such revenue bonds for the purposes set forth in said resolution to the vote of the qualified electors of the county as defined in section 34-104, Idaho Code, at an election to be held subject to the provisions of section 34-106, Idaho Code. The declaration of public interest or necessity herein required and the provision for the holding of such election may be included within one and the same resolution, which resolution, in addition to such declaration of public interest or necessity, shall recite the objects and purposes for which the revenue bonds are proposed to be issued, the amount of principal of the revenue bonds, and the source of revenues pledged to the payment of said bonds.

Such resolution shall also fix the date upon which such election shall be held, subject to the provisions of section 34-106, Idaho Code, the manner of holding the same, which shall be in accordance with the provisions of title 34, Idaho Code, and the method of voting for or against the issuance of the revenue bonds. Such resolution shall designate the precincts and polling places. The county clerk shall appoint for each polling place, from each precinct from the electors thereof, the officers of such election, one (1) of whom shall act as clerk, who shall constitute a board of election for each polling place. The description of precincts may be made by reference to any order or orders of the board, or by reference to any previous order or resolution of the board or by detailed description of such precincts. Precincts established by the board may be consolidated for elections held hereunder. A notice of election shall be published by the county clerk once a week for two (2) consecutive weeks, the first publication shall be not less than twelve (12) days prior to the election, and the last publication of which shall be at least five (5) days prior to the date set for said election, in the newspaper of general circulation within the county in which legal notices of the county are customarily published, and no other or further notice of such election or publication of the names of election officers or of the precincts or polling places need be given or made.

The county clerk shall conduct the election in the manner prescribed by law for the holding of county elections to the extent the same shall apply. The returns thereof shall be canvassed and the results thereof declared as provided in chapter 12, title 34, Idaho Code.

In the event that it shall appear from said returns that a majority of the qualified electors of the county who shall have voted on any proposition submitted hereunder at such election voted in favor of such proposition, the county shall thereupon be authorized to issue and sell such revenue bonds of the county, all for the purpose or purposes and object or objects provided for in the proposition submitted hereunder and in the resolution therefor, and in the amount so provided.

History:

[31-4510, added 1975, ch. 52, sec. 10, p. 105; am. 1978, ch. 265, sec. 2, p. 592; am. 1995, ch. 118, sec. 45, p. 465; am. 2009, ch. 341, sec. 22, p. 1006.]
Idaho Code § 31-2807 — Idaho Code / Title 31 / Chapter 28 / Section 31-2807
31-2807 POWERS WHEN ACTING AS SHERIFF.
Status: in_force

31-2807. Powers when acting as sheriff. Whenever the coroner acts as sheriff, he possesses the powers, and may perform all the duties, of sheriff, and is liable on his official bond, in like manner as a sheriff would be; and is entitled to the same fees as are allowed by law to the sheriff for similar services.

History:

[(31-2807) 1874, p. 566, sec. 3; am. R.S., sec. 2086; reen. R.C. & C.L., sec. 2102; C.S., sec. 3681; I.C.A., sec. 30-2307.]
Idaho Code § 31-5306 — Idaho Code / Title 31 / Chapter 53 / Section 31-5306
31-5306 OTHER OFFICES.
Status: in_force

31-5306. Other offices. (1) The resolution or petition to adopt the commission manager form of government shall further define the structure of the form by including one (1) selection from the choices specified for each of the offices listed in sections 31-5307 through 31-5212, 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:

[31-5306, added 1996, ch. 283, sec. 4, p. 930; am. 1996, ch. 326, sec. 1, p. 1111.]
Idaho Code § 31-1803 — Idaho Code / Title 31 / Chapter 18 / Section 31-1803
31-1803 AUDIT AND ALLOWANCE OF FUND — REPAYMENT OF DISALLOWED AMOUNT.
Status: in_force

31-1803. Audit and allowance of fund — Repayment of disallowed amount. After the performance of the duty, which necessitated the incurring of traveling and hotel expenses, training, or any duty requiring the need of a warrant, and the withdrawal of money has been made, as in this chapter provided, the board of county commissioners may require the sheriff to present his itemized claim for such traveling and hotel expenses, training, or any duty requiring the need of a warrant, as other claims are presented to the board of county commissioners, which body shall audit said claims for allowance or rejection. For those items allowed it shall be the duty of the board of county commissioners to order a warrant drawn, payable to the county treasurer for the total amount of the items allowed, which warrant shall be delivered to the county auditor. If any item of said claim is disallowed, the sheriff shall deposit with the county auditor an amount equal to the amount disallowed, together with any unexpended portion of the amounts withdrawn, which amounts, together with the warrant drawn in favor of the county treasurer for the amount of items allowed, shall be credited by the county auditor to the sheriff and shall be deposited by the auditor in the county treasury and placed to the credit of the fund.

History:

[(31-1803) 1921, ch. 228, sec. 3, p. 516; I.C.A., sec. 30-1303; am. 1989, ch. 44, sec. 3, p. 57; am. 2003, ch. 40, sec. 4, p. 161.]
Idaho Code § 31-136 — Idaho Code / Title 31 / Chapter 1 / Section 31-136
31-136 MINIDOKA COUNTY.
Status: in_force

31-136. Minidoka county. Minidoka county is described as follows: beginning at the point where the center of the main channel of Snake river is intersected by the west section line of section nineteen (19), township ten (10) south, range twenty-two (22) east;

Western boundary. Thence northerly along the township line to the northwest corner of township eight (8) south, range twenty-two (22) east; thence easterly along the township line to the southwest corner of section thirty-four (34), township seven (7) south, range twenty-three (23) east; thence north along the section line to the north line of township seven (7) south, range twenty-three (23) east; thence easterly along the township line to the southwest corner of section thirty-four (34), township six (6) south, range twenty-three (23) east; thence northerly along a line which is three (3) miles west of and generally parallel to the east line of range twenty-three (23) east, north of the first standard parallel south, to the north line of township three (3) south, range twenty-three (23) east;

Northern boundary. Thence easterly along said township line (1913, ch. 3, section 2, pp. 5, 6) 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 (R.C., section 23e), to its intersection with the center of the main channel of Snake river; thence southwesterly along said center of the main channel of Snake river, to the point of beginning (1913, ch. 3, section 2, p. 6).

County seat–Rupert.

History:

[(31-136) Compiled and reen. C.L. 3:33; C.S., sec. 40; I.C.A., sec. 30-136; am. 2013, ch. 41, sec. 4, p. 87; am. 2024, ch. 208, sec. 2, p. 744.]
Idaho Code § 31-2907 — Idaho Code / Title 31 / Chapter 29 / Section 31-2907
31-2907 RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
Status: in_force

31-2907. Relation to electronic signatures in global and national commerce act. This chapter modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. section 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act or authorize electronic delivery of any of the notices described in section 103(b) of that act.

History:

[31-2907, added 2007, ch. 63, sec. 1, p. 157.]
Idaho Code § 31-2017 — Idaho Code / Title 31 / Chapter 20 / Section 31-2017
31-2017 LIMITATION ON APPROVAL OF CLAIMS IN EXCESS OF LEVIES.
Status: in_force

31-2017. Limitation on approval of claims in excess of levies. All county, town, municipal, road and school district officials who issue orders or warrants or approve bills or order county warrants to be drawn in excess of the levies made for the different county, town, municipal, road or school district funds shall be liable, both personally and on their official bonds for the payment of any such excess.

History:

[(31-2017) 1915, ch. 116, p. 262; reen. C.L., sec. 1988a; C.S., sec. 3559; I.C.A., sec. 30-1517.]
Idaho Code § 31-4308 — Idaho Code / Title 31 / Chapter 43 / Section 31-4308
31-4308 ORGANIZATION OF BOARD — MEETINGS — INSPECTION OF RECORDS.
Status: in_force

31-4308. Organization of board — Meetings — Inspection of records. Immediately after their appointment and thereafter as required but at least after each director's election the board shall meet, organize as a board, elect and appoint the officers of the board and designate the hour, day and place on which regular meetings of the board will be held which place shall be within the district. A special meeting may be called in writing by the president or any two (2) directors and notice thereof shall be given by serving a copy of such call upon each director not joining therein at least twenty-four (24) hours prior to such meeting if served personally or at least five (5) days prior to such meeting if served by mail to such director's last known address. Such call and proof of service thereof shall be filed with the minutes of such special meeting. All meetings of the board shall be public. A majority of the board shall constitute a quorum. Minutes shall be kept of all meetings of the board. All records of the board shall be open to inspection by any qualified elector during business hours.

History:

[31-4308, added 1970, ch. 212, sec. 8, p. 599.]
Idaho Code § 31-4314 — Idaho Code / Title 31 / Chapter 43 / Section 31-4314
31-4314 LIMITATION OF POWER TO INCUR DEBT.
Status: in_force

31-4314. Limitation of power to incur debt. Neither the board nor any officer shall have power to incur any debt or liability on behalf of the district, whether by issuance of bonds or otherwise, in excess of the express provisions of this act and any such debt or liability so incurred shall be void; except that for the purpose of organization or for any of the purposes of this act, the board may, before making the tax levy in the fiscal year of organization, incur debts not exceeding in the total a sum equal to one-tenth of one percent (0.1%) of market value for assessment purposes of the taxable property within the district or five-tenths of one percent (0.5%) of market value for assessment purposes of the taxable property within a district that is created pursuant to section 31-4304A, Idaho Code.

History:

[31-4314, added 1970, ch. 212, sec. 14, p. 599; am. 1971, ch. 32, sec. 2, p. 76; am. 1990, ch. 394, sec. 1, p. 1105; am. 1995, ch. 353, sec. 3, p. 1195; am. 1996, ch. 322, sec. 15, p. 1042; am. 2015, ch. 9, sec. 1, p. 12.]
Idaho Code § 31-2211 — Idaho Code / Title 31 / Chapter 22 / Section 31-2211
31-2211 DIRECTIONS MUST BE IN WRITING.
Status: in_force

31-2211. Directions must be in writing. No direction or authority by a party or his attorney to a sheriff, in respect to the execution of process or return thereof, or to any act or omission relating thereto, is available to discharge or excuse the sheriff from a liability for neglect or misconduct, unless it is contained in a writing, signed by the attorney of the party, or by the party if he has no attorney.

History:

[(31-2211) 1863, p. 475, sec. 45; R.S., sec. 1880; reen. R.C. & C.L., sec. 2033; C.S., sec. 3605; I.C.A., sec. 30-1711.]
Idaho Code § 31-143 — Idaho Code / Title 31 / Chapter 1 / Section 31-143
31-143 TETON COUNTY.
Status: in_force

31-143. Teton county. Teton county is described as follows: beginning at a point on the northern boundary line of Bonneville county, the said point being two (2) miles east of the range line, which, when surveyed, will be between ranges forty-two (42) and forty-three (43) east;

Southern boundary. Thence easterly and southerly on the northern boundary line of Bonneville county as now established, to a point where said boundary line intersects the boundary line dividing the states of Idaho and Wyoming;

Eastern boundary. Thence north along the boundary line between the states of Idaho and Wyoming, to a point where said dividing line intersects Bitch creek;

Northern boundary. Thence westerly and down the center of said Bitch creek, to a point where said Bitch creek intersects and runs into the main channel of the Teton river, and to the center of said main channel; thence down the said main channel of the said Teton river, to a point where the same intersects the section line between sections sixteen (16) and seventeen (17), township seven (7) north, range forty-three (43) east;

Western boundary. Thence south along said line to the place of beginning.

County seat–Driggs.

History:

[(31-143) Compiled and reen. C.L. 3:40; C.S., sec. 47; I.C.A., sec. 30-143.]
Idaho Code § 31-2604 — Idaho Code / Title 31 / Chapter 26 / Section 31-2604
31-2604 DUTIES OF PROSECUTING ATTORNEY.
Status: in_force

31-2604. Duties of prosecuting attorney. It is the duty of the prosecuting attorney:

1. To prosecute or defend all actions, applications or motions, civil or criminal, in the district court of his county in which the people, or the state, or the county, are interested, or are a party; and when the place of trial is changed in any such action or proceeding to another county, he must prosecute or defend the same in such other county.

2. To prosecute all felony criminal actions, irrespective of whom the arresting officer is; to prosecute all misdemeanor or infraction actions for violation of all state laws or county ordinances when the arresting or charging officer is a state or county employee; to conduct preliminary criminal examinations which may be had before magistrates; to prosecute or defend all civil actions in which the county or state is interested; and when a written contract to do so exists between the prosecuting attorney and a city, to prosecute violations for state misdemeanors and infractions and violations of county or city ordinances committed within the municipal limits of that city when the arresting or charging officer is a city employee.

3. To give advice to the board of county commissioners, and other public officers of his county, when requested in all public matters arising in the conduct of the public business entrusted to the care of such officers.

4. To attend, when requested by any grand jury for the purpose of examining witnesses before them; to draw bills of indictments, informations and accusations; to issue subpoenas and other process requiring the attendance of witnesses.

5. On the first Monday of each month to settle with the auditor, and pay over all money collected or received by him during the preceding month, belonging to the county or state, to the county treasurer, taking his receipt therefor, and to file, on the first Monday of October in each year, in the office of the auditor of his county, an account verified by his affidavit, of all money received by him during the preceding year, by virtue of his office, for fines, forfeitures, penalties or costs, specifying the name of each person from whom he receives the same, the amount received from each, and the cause for which the same was paid.

6. To perform all other duties required of him by any law.

History:

[(31-2604) 1897, p. 74, sec. 3; reen. 1899, p. 24, sec. 3; am. and reen. R.C. & C.L., sec. 2082; I.C.A., sec. 30-2104; am. 1953, ch. 239, sec. 3, p. 360; am. 1970, ch. 120, sec. 11, p. 284; am. 1971, ch. 94, sec. 1, p. 206; am. 1976, ch. 45, sec. 24, p. 139; am. 1989, ch. 292, sec. 1, p. 719.]
Idaho Code § 31-211 — Idaho Code / Title 31 / Chapter 2 / Section 31-211
31-211 RESULT OF VOTE.
Status: in_force

31-211. Result of vote. When the attempt has been made to remove the county seat of any county, as in this chapter provided, and the county board of canvassers have found and declared that two-thirds (2/3) of the voters of the county who have voted for or against such removal have voted in favor of such removal, then said county seat of said county is thereby removed to the point named in the petition.

History:

[(31-211) 1890-1891, p. 57, sec. 128; reen. 1899, p. 33, sec. 115; reen. R.C. & C.L., sec. 476; C.S., sec. 660; I.C.A., sec. 30-211.]
Idaho Code § 31-844 — Idaho Code / Title 31 / Chapter 8 / Section 31-844
31-844 SUBPOENAS FOR WITNESSES.
Status: in_force

31-844. Subpoenas for witnesses. The board may issue subpoenas to compel the attendance of any person and the production of any books, papers or other items relating to the affairs of the county, for the purpose of examination upon any matter within their jurisdiction.

History:

[(31-844) R.S., sec. 1768; reen. R.C. & C.L., sec. 1919; C.S., sec. 3451; I.C.A., sec. 30-742; am. 1989, ch. 73, sec. 21, p. 126.]
Idaho Code § 31-104 — Idaho Code / Title 31 / Chapter 1 / Section 31-104
31-104 ADAMS COUNTY.
Status: in_force

31-104. Adams county. Adams county is described as follows: beginning at a point on the boundary line between the states of Idaho and Oregon, the same being the middle of the center channel of Snake river, three thousand nine hundred sixty (3,960) feet in a southwesterly direction from the mouth of Wildhorse river;

Southern boundary. Then in an easterly direction fifteen and one-half (15 1/2) miles to a point one-half mile east of the west quarter corner, section six (6), township seventeen (17) north, range two (2) west; thence south about twelve (12) miles to the intersection of said line with Cow creek; thence southeast down the center line of Cow creek to its confluence with the Weiser river; thence south across the Weiser river to a point five hundred (500) feet east of the north quarter corner of section twenty-nine (29), township fifteen (15) north, range two (2) west; thence east about three and three-quarters (3 3/4) miles to a point one thousand three hundred twenty (1,320) feet east of the northwest corner of section twenty-five (25), said township and range; thence south eight and one-half (8 1/2) miles to a point one thousand three hundred twenty (1,320) feet east of the west quarter corner of section one (1), township thirteen (13) north, range two (2) west; thence in a southeasterly direction six and one-half (6 1/2) miles to a point one thousand three hundred twenty (1,320) feet south and one thousand three hundred twenty (1,320) feet east of the west quarter corner of section twenty-four (24), township thirteen (13) north, range one (1) west; thence east (1911, ch. 31, section 2, pp. 67, 68) to the summit dividing the waters of the Payette and Weiser rivers;

Eastern boundary. Thence along said divide in a northerly direction to a point on said divide known as Big Rock Flat, where the waters flow into the Little Salmon; thence in a northeasterly direction on a low divide separating the waters of the Little Salmon and Payette rivers to a point east of the northern point of Little Salmon Meadows;

Northern boundary. Thence west to the Little Salmon river; thence down the Little Salmon river to a point east of the point where the section line between sections six (6) and seven (7), township twenty-two (22) north, range one (1) east, intersects said meridian; thence west to the middle of the main channel of Snake river (R.C., section 23w), the same being the boundary line between the states of Idaho and Oregon;

Western boundary. Thence in a southerly direction following said boundary line between said states of Idaho and Oregon, to the point of beginning (1911, ch. 31, section 2, p. 68).

County seat–Council.

History:

[(31-104) Compiled and reen. C.L. 3:4; C.S., sec. 8; I.C.A., sec. 30-104.]
Idaho Code § 31-107 — Idaho Code / Title 31 / Chapter 1 / Section 31-107
31-107 BENEWAH COUNTY.
Status: in_force

31-107. Benewah county. Benewah county is described as follows: beginning at the point of intersection of the Idaho-Washington state line with the north boundary line of township forty-six (46) north;

Western boundary. Thence south along said state line to the point of intersection of said state line with the north boundary line of the county of Latah, as now constituted;

Southern boundary. Thence in a southeasterly and easterly direction along said north boundary line of the county of Latah 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;

Thence east along the township line, approximately 15.50 chains (1,023 feet) to the west sixteenth corner of section thirty-four (34), township forty-three (43) north, range one (1) east, being the southeast corner of Benewah county with Shoshone county to the east and south;

Eastern boundary. Thence north along the western boundary of Shoshone county to the northeast corner section twenty-one (21), township forty-seven (47) north, range one (1) east, being the northeast corner of Benewah county with Kootenai county to the north and Shoshone county to the east;

Northern boundary. Thence west along the north boundary line of sections twenty-one (21), twenty (20) and nineteen (19), township forty-seven (47) north, range one (1) east, to the point of intersection with the Boise meridian; thence along said Boise meridian to the northeast corner of section twenty-four (24), township forty-seven (47) north, range one (1) west; thence west along the north boundary line of sections twenty-four (24), twenty-three (23), twenty-two (22), twenty-one (21), twenty (20) and nineteen (19), township forty-seven (47) north, range one (1) west, to the range line between township forty-seven (47) north, range one (1) west, and township forty-seven (47) north, range two (2) west; thence along said last-mentioned range line to the northeast corner of section twenty-four (24), township forty-seven (47) north, range two (2) west; thence continuing west along the north boundary lines of sections twenty-four (24), twenty-three (23), twenty-two (22), to the northwest corner of section twenty-two (22), township forty-seven (47) north, range two (2) west; thence south along the west line of section twenty-two (22), township forty-seven (47) north, range two (2) west, to the northwest corner of section twenty-seven (27), township forty-seven (47) north, range two (2) west; thence west along the north line of sections twenty-eight (28) and twenty-nine (29), township forty-seven (47) north, range two (2) west, to the northwest corner of section twenty-nine (29), township forty-seven (47) north, range two (2) west; thence south along the west line of sections twenty-nine (29) and thirty-two (32), township forty-seven (47) north, range two (2) west, to the southwest corner of section thirty-two (32), township forty-seven (47) north, range two (2) west; thence west along the township line between townships forty-six (46) and forty-seven (47) north, range two (2) west, to the intersection of the range line between ranges two (2) and three (3) west; thence continuing west along the township line between townships forty-six (46) and forty-seven (47) north, range three (3) west, to the southwest corner of section thirty-three (33), township forty-seven (47) north, range three (3) west; thence north along the west line of section thirty-three (33), township forty-seven (47) north, range three (3) west, to the northwest corner of section thirty-three (33), township forty-seven (47) north, range three (3) west; thence west along the north line of sections thirty-two (32) and thirty-one (31), township forty-seven (47) north, range three (3) west, to the range line between ranges three (3) and four (4) west; thence south along the said range line to the northeast corner of section thirty-six (36), township forty-seven (47) north, range four (4) west; thence west along the north line of sections thirty-six (36) and thirty-five (35), township forty-seven (47) north, range four (4) west, to the northwest corner of section thirty-five (35), township forty-seven (47) north, range four (4) west; thence south along the west line of said section thirty-five (35), township forty-seven (47) north, range four (4) west, to the southwest corner of said section thirty-five (35), township forty-seven (47) north, range four (4) west; thence west along the north line of township forty-six (46) north, ranges four (4), five (5), and six (6) west, to the point of beginning.

County seat–St. Maries.

History:

[(31-107) Compiled and reen. C.L. 3:7; C.S., sec. 11; I.C.A., sec. 30-107; am. 2024, ch. 222, sec. 1, p. 778.]
Idaho Code § 31-3501 — Idaho Code / Title 31 / Chapter 35 / Section 31-3501
31-3501 POWERS AND DUTIES OF COUNTY COMMISSIONERS.
Status: in_force

31-3501. Powers and duties of county commissioners. The county commissioners in their respective counties shall, under such limitations and restrictions as are prescribed by law, have the jurisdiction and power to provide county hospitals and public general hospitals for the county and others who are sick, injured, maimed, aged and infirm and to erect, enlarge, purchase, lease, or otherwise acquire, and to officer, maintain and improve hospitals, hospital grounds, nurses' homes, shelter care facilities and residential or assisted living facilities as defined in section 39-3301, Idaho Code, superintendent's quarters, medical clinics, as that term is defined in section 39-1319, Idaho Code, medical clinic grounds or any other necessary buildings, and to equip the same, and to replace equipment, and for this purpose said commissioners may levy an additional tax of not to exceed six hundredths percent (.06%) of the market value for assessment purposes on all taxable property within the county. The term "public general hospitals" as used in this subsection shall be construed to include nursing homes.

History:

[(31-3501) 31-3503, added 1974, ch. 302, sec. 12, p. 1769; am. 1980, ch. 185, sec. 3, p. 411; am. 1982, ch. 190, sec. 2, p. 512; am. 1983, ch. 215, sec. 2, p. 596; am. 1989, ch. 193, sec. 2, p. 476; am. 1990, ch. 87, sec. 10, p. 181; 1991, 1990 am. to section repealed, ch. 233, sec. 1, p. 553; am. 1991, ch. 233, sec. 8, p. 558; am. 1993, ch. 112, sec. 2, p. 285; am. 1995, ch. 9, sec. 1, p. 14; am. 1995, ch. 82, sec. 5, p. 222; am. 1996, ch. 322, sec. 14, p. 1042; am. 1996, ch. 410, sec. 4, p. 1361; am. 1997, ch. 174, sec. 1, p. 492; am. 2000, ch. 274, sec. 3, p. 804; am. 2009, ch. 177, sec. 5, p. 563; am. 2010, ch. 273, sec. 3, p. 694; am. 2011, ch. 291, sec. 5, p. 799; am. 2012, ch. 61, sec. 1, p. 163; am. and redesig. 2022, ch. 318, sec. 8, p. 1018.]
Idaho Code § 31-802 — Idaho Code / Title 31 / Chapter 8 / Section 31-802
31-802 SUPERVISION OF COUNTY OFFICERS.
Status: in_force

31-802. Supervision of county officers. To supervise the official conduct of all county officers, and appointed boards or commissions of the county charged with assessing, collecting, safekeeping, management or disbursement of the public moneys and revenues; see that they faithfully perform their duties; direct prosecution for delinquencies; approve the official bonds of county officers, and when necessary, require them to make reports, and to present their books and accounts for inspection.

History:

[(31-802) R.S., sec. 1759; R.C., sec. 1917a, as added by 1913, ch. 143, sec. 2, p. 506; reen. C.L., sec. 1917a; C.S., sec. 3416; I.C.A., sec. 30-702; am. 1989, ch. 73, sec. 2, p. 118.]
Idaho Code § 31-5010 — Idaho Code / Title 31 / Chapter 50 / Section 31-5010
31-5010 LIMITATION ON ELECTION TO CHANGE THE FORM OF COUNTY GOVERNMENT.
Status: in_force

31-5010. Limitation on election to change the form of county government. In the event an optional form is adopted, the question whether to return to the original form or adopt any other optional form may be placed at subsequent elections, but not more frequently than each four (4) years.

History:

[31-5010, added 1996, ch. 283, sec. 1, p. 921.]
Idaho Code § 31-2906 — Idaho Code / Title 31 / Chapter 29 / Section 31-2906
31-2906 UNIFORMITY OF APPLICATION AND CONSTRUCTION.
Status: in_force

31-2906. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

History:

[31-2906, added 2007, ch. 63, sec. 1, p. 157.]
Idaho Code § 31-4601 — Idaho Code / Title 31 / Chapter 46 / Section 31-4601
31-4601 PURPOSE.
Status: in_force

31-4601. Purpose. The legislature recognizes that the counties of the state perform vital functions in administering and delivering law enforcement services to all residents of the state. The legislature further finds it is necessary that the boards of county commissioners of the counties of the state be able to address the needs of county-provided components of the justice system by funding them at levels which do not compromise the performance of the justice system as a whole and which advance the interests of the public, while protecting the rights of individuals involved with the justice system.

History:

[31-4601, added 1990, ch. 216, sec. 1, p. 579.]
Idaho Code § 31-4502 — Idaho Code / Title 31 / Chapter 45 / Section 31-4502
31-4502 DECLARATION OF NECESSITY AND PURPOSE — LIBERAL CONSTRUCTION.
Status: in_force

31-4502. Declaration of necessity and purpose — Liberal construction. (a) The legislature of the state of Idaho hereby finds:

(i) that environmental damage seriously endangers the public health and welfare;

(ii) that such environmental damage results from air, water, and other resource pollution and from public water supply, solid waste disposal, noise and other environmental problems;

(iii) that to reduce, control and prevent such pollution and problems, quality standards have been established necessitating the employment of antipollution devices, equipment and facilities, and stringent time schedules have been and will be imposed for compliance with such standards;

(iv) that it is desirable to provide methods of financing the costs of acquiring, constructing, installing and equipping facilities designed for environmental pollution control, including the acquisition of all technological facilities and equipment necessary or convenient for pollution control; and

(v) that the method of financing provided in this act is therefore in the public interest and serves a public purpose in protecting and promoting the health and welfare of the citizens of this state by reducing, controlling and preventing environmental damage.

(b) It is the purpose of this act, as more specifically described in later sections, to authorize counties to acquire, construct, install, equip, own, finance and lease environmental pollution control facilities, including the acquisition of all technological facilities and equipment necessary or convenient for pollution control, to be financed for, or to be sold, leased or otherwise disposed of to persons, associations or corporations other than municipal corporations or other political subdivisions, to the end that the counties may be able to promote the health and welfare of the people of this state; it is not intended by this act that any county shall itself be authorized to operate any industrial or commercial enterprise or any such environmental pollution control facilities.

(c) This act shall be liberally construed to accomplish the intentions expressed herein.

History:

[31-4502, added 1975, ch. 52, sec. 2, p. 105.]
Idaho Code § 31-4920 — Idaho Code / Title 31 / Chapter 49 / Section 31-4920
31-4920 WITHDRAWAL OF PARTICIPATING COUNTY.
Status: in_force

31-4920. Withdrawal of participating county. A participating county may, with the consent of the commissioners of not less than two-thirds (2/3) of the remaining participating counties, expressed by resolution, withdraw from a district. A county withdrawing from a district shall not be entitled to reimbursement of any funds or to any proportionate share of the property of the district.

History:

[31-4920, added 1990, ch. 390, sec. 1, p. 1092.]
Idaho Code § 31-3205 — Idaho Code / Title 31 / Chapter 32 / Section 31-3205
31-3205 RECORDER'S FEES.
Status: in_force

31-3205. Recorder's fees. (1) The county recorder is allowed and may receive for his services the following fees to be paid him by the party procuring his services:

(a) Except as otherwise set forth in this section, for recording every instrument, paper or notice, for the first page

For each additional page

(b) For recording each of the following types of instruments, provided such instrument is thirty (30) pages or less:

(i) Deeds, grants and transfers of title to real property

(ii) Trust deeds or mortgages of real property, including fixture filings, security agreements and assignments of leases and rents if contained within the same instrument for recording

(iii) Reconveyances of trust deeds, reconveyances of trust deeds that include a substitution of trustee if contained within the same instrument for recording, and releases of mortgages

(iv) Substitution of a trustee

(v) Powers of attorney

For each additional page beyond thirty (30) pages for an instrument listed in this paragraph

(c) For electronic copies (as defined in subsection (2) of this section) requested on a recurring basis, for each page or image

(d) For copies of any record or paper, for each page

(e) For each certificate under seal, when required

(f) For release or assignment where more than one (1) document is released or assigned in the same instrument, for each additional release or assignment

(g) For recording every town plat or map, for the first one hundred (100) lots or less

For each additional lot

(h) For taking acknowledgments, including seal

(i) For filing a survey, for each page

(j) For making a copy of a survey or highway right-of-way plat

(k) For issuing marriage license, filing, recording and indexing the certificate of marriage and taking and filing affidavits required in issuance of the license

(l) For administering an oath, including jurat

And certifying the same when required, an additional fee of

(m) For comparing and certifying a prepared copy of a file or record in his office, for each page

(n) For each certificate under seal, an additional fee of

(2) Electronic copies shall include copies provided via internet download, on a compact disc, zip disc, floppy disc, or other electronic means. The county recorder shall provide electronic copies if the record is maintained in electronic form and if the person specifically requests an electronic copy.

(3) For duplication of recorded documents in paper, microfilm or microfiche format requested on a recurring basis in excess of one hundred (100) pages, the fee shall be negotiated between the county recorder and the purchaser of records. The fee shall not exceed the costs to the county recorder for the retrieval and duplication of the record. These negotiated fees shall be recommended by the county recorder and approved by the board of county commissioners. Any existing agreements for duplication of paper, microfilm or microfiche documents in excess of one hundred (100) pages are hereby ratified and approved. Any negotiated fees shall remain in effect until such time as either party requests a review of the fee.

(4) All instruments delivered to the county recorder for record shall be recorded rather than filed with the exception of plats, surveys, corner records, and instruments under the uniform commercial code.

(5) For all other services as recorder, not enumerated herein, the fee shall be as fixed in the statute requiring the service or the same fee as allowed the clerk of the district court for like service.

(6) A page shall not exceed fourteen (14) inches in length nor eight and one-half (8 1/2) inches in width. Each page shall be typewritten or be in legible writing. The recording fee to be charged for maps, sketches, drawings or other instruments except plats larger than the size permitted in this subsection for a page shall be two cents (2¢) per square inch.

History:

[(31-3205) 1890-1891, p. 174, sec. 4; reen. 1899, p. 116, sec. 4; modified by 1899, p. 405; compiled R.C., sec. 2124; am. 1911, ch. 173, sec. 1, p. 507; compiled and reen. C.L., sec. 2124; C.S., sec. 3706; I.C.A., sec. 30-2705; am. 1935, ch. 105, sec. 1, p. 254; am. 1949, ch. 168, sec. 1, p. 364; am. 1951, ch. 251, sec. 1, p. 540; am. 1959, ch. 72, sec. 1, p. 157; am. 1967, ch. 272, sec. 6, p. 745; am. 1969, ch. 199, sec. 1, p. 574; am. 1976, ch. 281, sec. 3, p. 963; am. 1979, ch. 61, sec. 1, p. 163; am. 1981, ch. 293, sec. 1, p. 613; am. 1982, ch. 275, sec. 1, p. 706; am. 1984, ch. 29, sec. 1, p. 50; am. 1986, ch. 14, sec. 1, p. 55; am. 1987, ch. 29, sec. 1, p. 38; am. 1994, ch. 364, sec. 1, p. 1139; am. 2006, ch. 286, sec. 1, p. 882; am. 2008, ch. 111, sec. 1, p. 313; am. 2010, ch. 137, sec. 1, p. 291; am. 2013, ch. 280, sec. 1, p. 728; am. 2017, ch. 237, sec. 1, p. 583; am. 2018, ch. 187, sec. 1, p. 411; am. 2022, ch. 43, sec. 1, p. 112.]
Idaho Code § 31-1008 — Idaho Code / Title 31 / Chapter 10 / Section 31-1008
31-1008 COUNTY BUILDING CONSTRUCTION FUND — LEVY OF TAX — SPECIAL ELECTION.
Status: in_force

31-1008. County building construction fund — Levy of tax — Special election. (1) In lieu of the issuance of bonds for the purpose specified in section 31-1002, Idaho Code, the board of county commissioners of any county shall have power, in addition to the power specified in said section 31-1002, Idaho Code, when in their judgment the best interests of the county so required, to create and establish a fund for the purpose specified in said section 31-1002, Idaho Code, and for said purposes are hereby authorized and empowered, by resolution adopted at a regular meeting of said board, or at any special meeting called for that purpose, to levy, in addition to all other taxes now authorized by law, an annual tax of not exceeding six hundredths percent (.06%) of market value for assessment purposes of all taxable property in such county for the current year, to be certified, extended and collected at the same time and in the same manner as taxes for general county purposes, and to be apportioned, when collected, to a special fund to be known as the "County Building Construction Fund," provided, that in the resolution and for the purposes hereinbefore mentioned such board shall call an election, subject to the provisions of section 34-106, Idaho Code, or submit, at any general election, the question of creating such fund to defray the expenses of purchasing such site and erecting and furnishing such buildings, at which election only such electors may vote as are qualified to vote at elections held for the issuance of general obligation bonds, and which election shall in all respects be governed and held in the same manner as is now required by law for the holding of elections to determine the question of the issuance of general obligation bonds. If, at such election two-thirds (2/3) of the qualified voters voting at such election shall have voted to create such funds, then such board of county commissioners may annually levy the taxes for the purposes hereinbefore mentioned. Such fund shall remain intact, subject to investment as hereinafter provided, until the same shall, when augmented by the proceeds of similar levies in succeeding years, be adequate in the judgment of such board to defray the entire cost of purchasing a site and constructing the improvements aforesaid and completely furnishing the same, and no part of such fund shall be expended until complete plans and specifications have been adopted and contracts entered into insuring the completion of such purchase and construction within the limitations of such fund, nor shall the construction of any courthouse or jail be undertaken until such fund is adequate to insure the proper equipment and furnishing thereof.

(2) Notwithstanding the limitations imposed in subsection (1) of this section, the board of county commissioners may create a fund upon a finding by the board that a critical need exists for justice or law enforcement related facilities. The board may deposit any unexpended sums from the county current expense fund or the county justice fund into the county building construction fund or may deposit into the fund all or a part of any non-ad valorem tax revenues not otherwise restricted or dedicated by law. On or before the thirty-first day of March of each odd-numbered year, the board may review the budget for the current fiscal year and adjust the expenditures in the budget to provide for deposits into the fund from revenues not otherwise budgeted or to provide for deposits into the fund from revenues projected to be surplus over budgeted revenues. The adjustments may be made only after a notice is given and a public hearing is held substantially similar to that contained in section 31-1604, Idaho Code. After the creation of the fund, the board may, in strict compliance with section 63-802, Idaho Code, deposit any amount into the fund on an annual basis.

(3) Provided, that no such fund shall be accumulated in excess of two per cent (2%) of the assessed valuation of the property within such county; provided further, that such fund may be used to supplement the proceeds of any bonds issued pursuant to the provisions of sections 31-1002 and 31-1004, Idaho Code, for the purposes aforesaid.

History:

[(31-1008) C.S., sec. 3469A, as added by 1931, ch. 109, sec. 1, p. 188; I.C.A., sec. 30-808; am. 1989, ch. 91, sec. 2, p. 216; am. 1995, ch. 118, sec. 25, p. 451; am. 1995, ch. 369, sec. 1, p. 1285; am. 1996, ch. 322, sec. 8, p. 1036.]
Idaho Code § 31-112 — Idaho Code / Title 31 / Chapter 1 / Section 31-112
31-112 BONNEVILLE COUNTY.
Status: in_force

31-112. Bonneville county. Bonneville county is described as follows: beginning at the northeast corner of Bannock county;

Southern boundary. Thence west along the north line of Bannock county to the southwest corner of township four (4) south, range forty-two (42) east; 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; 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;

Western boundary. Thence north (1911, ch. 5, section 2, pp. 8, 9) to the line between townships three (3) and four (4) north;

Northern boundary. Thence east along the said township line between townships three (3) and four (4) north (1893, p. 94), to a point where the said line bisects the top or comb of the Big Hole mountain range; thence following along the top or comb of the said mountains in a southeasterly direction (R.C., section 23l) to the west line of the state of Wyoming;

Eastern boundary. Thence south along the west line of the state of Wyoming to the point of beginning (1911, ch. 5, section 2, p. 9).

County seat–Idaho Falls.

History:

[(31-112) Compiled and reen. C.L. 3:12; C.S., sec. 16; I.C.A., sec. 30-112.]
Idaho Code § 31-4701 — Idaho Code / Title 31 / Chapter 47 / Section 31-4701
31-4701 CREATION OF COUNTY MUSEUM BOARD.
Status: in_force

31-4701. Creation of county museum board. A county museum board may be created as follows:

(1) In addition to the procedures provided in subsections (2), (3) and (4) of this section, the county commissioners may adopt a resolution and incorporate in its minutes to signify that it is the intention of the board of county commissioners to create a county museum board in accordance with the provisions of this chapter. The board of county commissioners shall fix a date, not less than three (3) nor more than six (6) weeks from the date of the adoption of the resolution for a public hearing, and shall order the clerk of the board to publish notice of the hearing in one (1) or more newspapers of general circulation in the county, which notice shall include the time and place of the hearing at which the board of county commissioners will hear any person or persons interested upon the matter of whether a county museum board shall be created pursuant to this chapter. If after the hearing provided for in this section, the board of county commissioners shall then deem it for the best interests of the county that a county museum board be created, the county commissioners shall enter an order to that effect and calling an election upon the formation of the proposed county museum board as provided in this section.

(2) Any person or persons may file a petition for the formation of a county museum board with the clerk. The petition which may be in one (1) or more papers shall be signed by not less than ten percent (10%) of the registered voters residing within the county.

(3) The clerk shall, within ten (10) days after the filing of the petition, estimate the cost of advertising and holding the election provided in this section and notify in writing the person or any of the persons filing the petition as to the amount of the estimate. The person or persons shall within twenty (20) days after receipt of the written notice deposit the estimated amount with the clerk in cash, or the petition shall be deemed withdrawn. If the deposit is made and the county museum board is formed, the person or persons so depositing the sum shall be reimbursed from the first moneys collected by the county museum board from the taxes authorized to be levied by this chapter.

(4) Within thirty (30) days after the filing of the petition together with the map and the making of the cash deposit, the county commissioners shall determine whether or not they substantially comply with the requirements of this section. If the county commissioners find that there has not been substantial compliance with the requirements, the county commissioners shall enter an order to the effect specifying the particular deficiencies, dismissing the petition and refunding the cash deposit. If the county commissioners find that there has been substantial compliance with the requirements, the county commissioners shall forthwith enter an order to that effect and calling an election upon the formation of the proposed county museum board as provided in this section.

(5) If the county commissioners order an election as provided in this section, the election shall be conducted on the first Tuesday succeeding the first Monday of November in any year, and in accordance with the general election laws of the state. The county commissioners shall establish election precincts, and the county clerk shall design and print voter's oaths, ballots and other necessary supplies, appoint election personnel and provide for the conduct and tally of the election. Each registered voter of the county shall be entitled to vote in the election in accordance with the provisions of title 34, Idaho Code. The county clerk shall give notice of the election which notice shall clearly state the question of whether a county museum board shall be formed and shall state the date of the election. The notice shall be published as provided in chapter 14, title 34, Idaho Code, in a newspaper published within the county.

(6) Immediately after the election, the judges at the election shall forward the ballots and results of the election to the county clerk. The county commissioners shall canvass the vote within ten (10) days after the election. If forty-five percent (45%) or more of the votes cast at the election are against the formation of the county museum board, the county commissioners shall enter an order so finding and declaring that the county museum board shall not be formed. If more than fifty-five percent (55%) of the votes cast at the election are in favor of forming the county museum board, the county commissioners shall enter an order so finding, declaring the county museum board duly organized. The county commissioners shall cause one (1) certified copy of the order to be filed in the office of the county recorder of the county and shall cause one (1) certified copy of the order to be transmitted to the governor. Immediately upon the entry of the order, the organization of the county museum board shall be complete.

(7) After the election, the validity of the proceedings hereunder shall not be affected by any defect in the petition, if any, or in the number or qualification of the signers thereof, and in no event shall any action be commenced or maintained or defense made affecting the validity of the organization of the county museum board after six (6) months have expired from the date of entering the order declaring the formation of the county museum board.

History:

[31-4701, added 1990, ch. 393, sec. 1, p. 1101; am. 1991, ch. 322, sec. 1, p. 837; am. 2009, ch. 341, sec. 23, p. 1007.]
Idaho Code § 31-2003 — Idaho Code / Title 31 / Chapter 20 / Section 31-2003
31-2003 APPOINTMENT OF DEPUTIES.
Status: in_force

31-2003. Appointment of deputies. Every county officer except a commissioner may appoint as many deputies as may be necessary for the prompt and faithful discharge of the duties of his office.

History:

[(31-2003) R.S., sec. 1815; am. 1888-1889, p. 13, sec. 1; reen. R.C. & C.L., sec. 1975; C.S., sec. 3545; I.C.A., sec. 30-1503; am. 1963, ch. 88, sec. 2, p. 283; am. 1970, ch. 120, sec. 5, p. 284.]
Idaho Code § 31-5607 — Idaho Code / Title 31 / Chapter 56 / Section 31-5607
31-5607 COUNTY TREASURER, EX OFFICIO TAX COLLECTOR AND PUBLIC ADMINISTRATOR.
Status: in_force

31-5607. County treasurer, ex officio tax collector and public administrator. For purposes of this act, the duties of the county treasurer as ex officio public administrator shall be as provided in chapter 1, title 14, Idaho Code; and the duties of the county treasurer as county treasurer and ex officio tax collector shall be as provided in chapters 15 and 21, title 31, Idaho Code, and title 63, Idaho Code, and as otherwise prescribed by law. A county treasurer, ex officio tax collector and public administrator:

(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 to be specified in the petition or resolution, but not to exceed four (4) years, and perform all the duties and responsibilities 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 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 specifically identify those duties of the office for which each other officer or appointee shall be responsible.

History:

[31-5607, added 1996, ch. 283, sec. 7, p. 942; am. 1996, ch. 326, sec. 2, p. 1115.]
Idaho Code § 31-4204 — Idaho Code / Title 31 / Chapter 42 / Section 31-4204
31-4204 POWERS OF AUTHORITY.
Status: in_force

31-4204. Powers of authority. A housing authority shall constitute an independent public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this act, including the following powers in addition to others herein granted:

(a) To sue and to be sued; to have a seal and to alter the same at pleasure; to have perpetual succession; to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority, including the power to contract with other housing authorities for services; and to make and from time to time amend and repeal bylaws, rules and regulations, not inconsistent with this chapter, to carry into effect the powers and purposes of the authority.

(b) Within the area of operation: to prepare, carry out, acquire, lease and operate housing projects; to provide for the construction, reconstruction, improvement, alteration or repair of any housing project or any part thereof.

(c) To arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works or facilities for, or in connection with, a housing project or the occupants thereof; and, notwithstanding anything to the contrary contained in this chapter or in any other provision of law, to include in any contract let in connection with a project, stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum wages and maximum hours of labor, and comply with any conditions which the federal government may have attached to its financial aid of the project.

(d) To lease or rent any dwellings, houses, accommodations, lands, buildings, structures or facilities embraced in any housing project and, subject to the limitations contained in this chapter, to establish and revise the rents or charges therefor; to own, hold and improve real or personal property; to purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise or otherwise, any real or personal property or any interest therein; to acquire, by the exercise of the power of eminent domain, any real property; to sell, lease, exchange, transfer, assign, pledge or dispose of any real or personal property or any interest therein; to insure or provide for the insurance of any real or personal property or operation of the authority against any risks or hazards; to procure or agree to the procurement of insurance or guarantees from the federal government of the payment of any bonds or parts thereof issued by an authority, including the power to pay premiums on any such insurance; to rent or sell and to agree to rent or sell dwellings forming part of the housing projects to or for persons of low income. Where an agreement or option is made to sell a dwelling to a person of low income, the authority may convey the dwelling to the person upon fulfillment of the agreement irrespective of whether the person is at the time of the conveyance a person of low income. Leases, options, agreements or conveyances may include such covenants as the authority deems appropriate to assure the achievement of the objectives of this chapter.

(e) To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in property or securities in which banks may legally invest funds, subject to the control of the housing authority; to purchase its own bonds at a price not more than the principal amount thereof and accrued interest, and all bonds so purchased shall be canceled.

(f) Within its area of operation: to investigate into living, dwelling and housing conditions and into the means and methods of improving such conditions; to determine where slum areas exist or where there is a shortage of adequate, safe and sanitary dwelling accommodations for persons of low income; to make studies and recommendations relating to the problem of clearing, replanning and reconstruction of slum areas and the problem of providing dwelling accommodations for persons of low income, and to cooperate with the city, the county, the state or any political subdivision thereof in action taken in connection with such problems; and to engage in research, studies and experimentation on the subject of housing.

(g) Acting through one (1) or more commissioners or other person or persons designated by the authority, to conduct examinations and investigations and to hear testimony and take proof, under oath, at public or private hearings on any matter material for its information; to administer oaths, issue subpoenas requiring attendance of witnesses or the production of books and papers, and to issue commissions for the examination of witnesses who are outside of the state or unable to attend before the authority, or excused from attendance; to make available, to appropriate agencies (including those charged with the duty of abating or requiring the correction of nuisances or like conditions, or of demolishing unsafe or insanitary structures within its area of operation), its findings and recommendations with regard to any building or property where conditions exist which are dangerous to the public health, morals, safety or welfare.

(h) To make, purchase, participate in, invest in, take assignments of, or otherwise acquire loans to persons of low income to enable them to acquire, construct, reconstruct, rehabilitate, improve, lease or refinance their dwellings, and to take such security therefor as is deemed necessary and prudent by the authority.

(i) To make, purchase, participate in, invest in, take assignments of, or otherwise acquire loans for the acquisition, construction, reconstruction, rehabilitation, improvement, leasing or refinancing of land, buildings or developments for housing for persons of low income. For purposes of this subsection, development shall include either land or buildings or both.

(j) Any housing project shall be subject to the requirement that the dwelling units made available to persons of low income, together with functionally related and subordinate facilities, shall occupy at least thirty percent (30%) of the interior space of any individual building other than a detached single-family or duplex residential building or mobile or manufactured home and shall occupy at least fifty percent (50%) of the total number of units in the development, whichever produces the greater number of units for persons of low income. For mobile or manufactured home parks, the mobile or manufactured home lots made available to persons of low income shall be at least fifty percent (50%) of the total number of mobile or manufactured home lots in the park.

(k) To exercise all or any part or combination of powers herein granted.

History:

[31-4204, added 1970, ch. 211, sec. 4, p. 584; am. 1998, ch. 367, sec. 1, p. 1147; am. 2001, ch. 260, sec. 2, p. 937.]
Idaho Code § 31-2220 — Idaho Code / Title 31 / Chapter 22 / Section 31-2220
31-2220 INCARCERATION OF SHERIFF ON ARREST.
Status: in_force

31-2220. Incarceration of sheriff on arrest. If the sheriff, on being arrested by a coroner, or if the sheriff or coroner on being arrested by an elisor, or if another person in an action in which both the sheriff and coroner are plaintiffs upon an order of arrest in a civil action, neglect to give bail or make a deposit of money instead thereof, or if the sheriff be arrested on execution against his body, or on a warrant of attachment, he or they must be confined in a house other than that of the sheriff, or the county jail, in the same manner as the sheriff is required to confine a prisoner in the county jail. The house in which he is thus confined thereupon becomes for that purpose the county jail.

History:

[(31-2220) 1863, p. 475, sec. 59; R.S., sec. 1890; reen. R.C. & C.L., sec. 2042; C.S., sec. 3614; I.C.A., sec. 30-1720.]
Idaho Code § 31-1511 — Idaho Code / Title 31 / Chapter 15 / Section 31-1511
31-1511 SIGNATURES REQUIRED ON WARRANTS AND METHOD OF PAYMENT.
Status: in_force

31-1511. Signatures required on warrants and method of payment. Warrants payable on demand and drawn by order of the board of county commissioners on the county treasury shall be jointly issued and signed by the county auditor and the county treasurer. If the board of commissioners chooses to issue warrants not payable upon demand, they shall be issued by the county auditor and redeemed by the county treasurer. Warrants must specify the liability for which they are drawn, when accrued, and must be paid in the order of presentation to the county treasurer. If the fund is insufficient to pay any warrant, it must be registered and thereafter paid in the order of its registration.

History:

[31-1511, added 1994, ch. 35, sec. 2, p. 54.]
Idaho Code § 31-2125 — Idaho Code / Title 31 / Chapter 21 / Section 31-2125
31-2125 INDORSEMENT OF WARRANTS WHEN NOT PAID UPON PRESENTATION.
Status: in_force

31-2125. Indorsement of warrants when not paid upon presentation. When any warrant of any municipal or quasi-municipal corporation, specially chartered city, school district of any kind or class, specially chartered school district, drainage district, stumpage district, highway district, or other quasi-municipal district, now or hereafter created or organized, is presented for payment to the treasurer thereof, and is not paid for want of funds, the treasurer must indorse thereon "Not paid for want of funds," annexing the date of presentation, specifying the rate of interest that such warrant shall draw, after presentation, which rate shall be the rate fixed in such resolution, sign his name thereto, and thereafter the said warrant shall draw interest at the rate specified in such indorsement. If the county treasurer is redeeming warrants for the districts listed above, the procedures used shall be those identified in section 31-1512, Idaho Code.

History:

[31-2125, added 1935, ch. 99, sec. 2, p. 208; am. 1980, ch. 61, sec. 3, p. 119; am. 1994, ch. 35, sec. 3, p. 54.]
Idaho Code § 31-1003 — Idaho Code / Title 31 / Chapter 10 / Section 31-1003
31-1003 PURCHASE OF SITE — LETTING OF CONTRACT.
Status: in_force

31-1003. Purchase of site — Letting of contract. If two-thirds (2/3) of the qualified electors of the county voting at such election vote in favor of the issuance of the bonds, the board of commissioners shall select and purchase, or, if necessary, cause to be condemned, for the use of the county, a suitable site for said buildings, and cause to be prepared plans and specifications for such courthouse and jail, or either thereof as the case may be, and advertise in a weekly newspaper of the county for thirty (30) days calling for sealed proposals or bids for the construction of said buildings. The published notice shall contain a general statement of the character and limited cost of the building or buildings, and state that the plans and specifications thereof may be found and examined in the office of the clerk of the board, and state the day when the sealed proposals will be opened and considered. The sealed proposals must be opened and considered publicly, and the contract let to the lowest responsible bidder, unless all bids are rejected; and if all bids are rejected, the board may advertise for new bids, or let the contract, provided it be for a less sum than that offered by the lowest bidder. The board must require a good and sufficient bond of the contractor conditioned for the faithful performance of the contract according to the plans and specifications. The board shall have full power and authority to do and perform any act in relation to purchasing such site and erecting said buildings, at any special or called meeting when all members of the board are present, or at any regular meeting of the board.

History:

[(31-1003) 1905, p. 73, sec. 3; reen. R.C. & C.L., sec. 1933; C.S., sec. 3465; I.C.A., sec. 30-803.]
Idaho Code § 31-715 — Idaho Code / Title 31 / Chapter 7 / Section 31-715
31-715 STYLE OF ORDINANCES — WHEN EFFECTIVE — PUBLICATION.
Status: in_force

31-715. Style of ordinances — When effective — Publication. The style of all ordinances shall be: "Be it ordained by the board of county commissioners of …. county, Idaho"; and all ordinances of a general nature shall, before they take effect and within one (1) month after they are passed, be published in at least one (1) issue of a newspaper published in the county, but if no paper be published in the county, then in some paper having general circulation therein; provided, however, that in cases of riot, infectious or contagious diseases, or other impending danger requiring its immediate operation, such ordinances shall take effect upon the proclamation of the board of county commissioners, posted in at least five (5) public places in the county; provided further that whenever a revision or codification of ordinances is made and the revised or codified ordinances are published by authority of the board of county commissioners in book or pamphlet form no further publication thereof shall be deemed necessary, provided that when codes establishing rules and regulations for the construction, alteration or repair of buildings, the installation of plumbing, the installation of electric wiring, sanitary regulations or health measures, or other related or similar work, have been regularly adopted as a code by such board, they shall take effect without publication or posting thereof if reference be made to such code in a regularly adopted and published ordinance without including in such regularly adopted and published ordinance more than a particular reference to such code, provided, however, that one (1) copy of such code duly certified by the clerk of the board of county commissioners shall have been filed for use and examination by the public in the office of the clerk of the board of county commissioners prior to the adoption of said ordinance by the clerk of the board of county commissioners, and thereafter kept on file in such office.

History:

[31-715, added 1965, ch. 159, sec. 2, p. 308; am. 1987, ch. 15, sec. 1, p. 19.]
Idaho Code § 31-4321 — Idaho Code / Title 31 / Chapter 43 / Section 31-4321
31-4321 LIBERAL CONSTRUCTION.
Status: in_force

31-4321. Liberal construction. The provisions of this act shall be liberally construed and applied to promote its underlying purposes and policies.

History:

[31-4321, added 1970, ch. 212, sec. 21, p. 599.]
Idaho Code § 31-5212 — Idaho Code / Title 31 / Chapter 52 / Section 31-5212
31-5212 COUNTY SHERIFF.
Status: in_force

31-5212. 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 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 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 specifically identify those duties of the county sheriff for which each other officer or appointee shall be responsible.

History:

[31-5212, added 1996, ch. 283, sec. 3, p. 927.]
Idaho Code § 31-2709 — Idaho Code / Title 31 / Chapter 27 / Section 31-2709
31-2709 SURVEYS MUST CONFORM TO UNITED STATES MANUAL.
Status: in_force

31-2709. Surveys must conform to United States manual. No surveys or resurveys hereafter made shall be considered legal evidence in any court within the state, except such surveys as are made in accordance with the United States manual of surveying instructions, the circular on restoration of lost or obliterated corners and subdivisions of sections, issued by the general land office, or by the authority of the United States, the state of Idaho, or by mutual consent of the parties.

History:

[(31-2709) 1897, p. 19, sec. 1; reen. 1899, p. 295, sec. 1; reen. R.C. & C.L., sec. 2095; C.S., sec. 3674; I.C.A., sec. 30-2209; am. 1963, ch. 90, sec. 4, p. 286.]
Idaho Code § 31-210 — Idaho Code / Title 31 / Chapter 2 / Section 31-210
31-210 CANVASS OF RETURNS.
Status: in_force

31-210. Canvass of returns. The returns for county seat elections shall be canvassed by the same officers and in the same manner as the returns for county and precinct officers are canvassed, and the result of the vote for the removal of the county seat shall be officially declared by the county board of canvassers in the following manner:

They shall record the total votes cast in each ward or precinct both for and against the proposed removal, upon the book provided for recording the results of the general election. This record shall be made upon a separate page, or pages, of said book, and after the record is complete and the total result known, they shall make a complete copy of such record, certified to by each member of the board. They shall deposit this certificate with the county auditor, who shall, without delay, file the same with the clerk of the district court which authorized the election, and the auditor shall also cause a copy of the certificate to be published in some newspaper of general circulation in the county.

History:

[(31-210) 1890-1891, p. 57, sec. 127; reen. 1899, p. 33, sec. 114; reen. R.C. & C.L., sec. 475; C.S., sec. 659; I.C.A., sec. 30-210.]
Idaho Code § 31-4514 — Idaho Code / Title 31 / Chapter 45 / Section 31-4514
31-4514 JOINT OPERATION.
Status: in_force

31-4514. Joint operation. The powers herein conferred upon counties under this act may be exercised by two (2) or more counties acting jointly.

History:

[31-4514, added 1975, ch. 52, sec. 14, p. 105.]
Idaho Code § 31-5312 — Idaho Code / Title 31 / Chapter 53 / Section 31-5312
31-5312 COUNTY PROSECUTING ATTORNEY.
Status: in_force

31-5312. County prosecuting attorney. For purposes of this act, the duties of the county prosecuting attorney shall be as provided in chapter 26, title 31, Idaho Code, and as otherwise prescribed by law. A county prosecuting attorney:

(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 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 qualified elected officers, appointed persons, or persons retained by the county on a contractual basis, as provided in the resolution or petition. The office of prosecuting attorney may not be consolidated with the office of sheriff or the office of clerk of the district court. The resolution or petition shall identify those duties of the office for which each other officer, appointee or party to the contract shall be responsible.

History:

[31-5312, added 1996, ch. 283, sec. 4, p. 933.]
Idaho Code § 31-3914 — Idaho Code / Title 31 / Chapter 39 / Section 31-3914
31-3914 CORPORATE POWERS AND DUTIES OF BOARD OF AMBULANCE SERVICE COMMISSIONERS.
Status: in_force

31-3914. Corporate powers and duties of board of ambulance service commissioners. A board of ambulance service commissioners shall have discretionary powers to manage and conduct the business and affairs of the district. The discretionary powers shall include but not be limited to the following:

(1) To sue and be sued;

(2) To purchase, hold, sell, and convey real property, make such contracts, and purchase, hold, sell, and dispose of such personal property as may be necessary or convenient for the purposes of this chapter;

(3) To levy and apply such taxes for purposes under its exclusive jurisdiction as are authorized by law and to approve the annual district budget by resolution of the board;

(4) To make and execute all necessary contracts;

(5) To adopt such rules and resolutions as may be necessary to carry out its duties and responsibilities;

(6) To hire, pay, promote, discipline, and terminate district employees, contractors, and agents, or to delegate such powers;

(7) To set compensation and benefit levels for employees, commissioners, contractors, and agents; and

(8) To charge and collect reasonable fees for services provided to residents of the ambulance service district or city, in accordance with the provisions of sections 63-1311 and 63-1311A, Idaho Code.

History:

[31-3914, added 2020, ch. 209, sec. 12, p. 611.]
Idaho Code § 31-3707 — Idaho Code / Title 31 / Chapter 37 / Section 31-3707
31-3707 DEPOSIT OF HOSPITAL FUNDS.
Status: in_force

31-3707. Deposit of hospital funds. No funds coming into the custody of the hospital board under the provisions of this act need be deposited with the treasurer of either the city or county, but the same, including all checks, drafts and other instruments for the payment of money acceptable for deposit in banks, may be deposited in a bank or trust company in accordance with the provisions of the public depository law.

History:

[31-3707, added 1935, ch. 125, sec. 4, p. 293; am. 1969, ch. 255, sec. 1, p. 787.]
Idaho Code § 31-3409 — Idaho Code / Title 31 / Chapter 34 / Section 31-3409
31-3409 APPLICATION OF STATE AND FEDERAL PROGRAM — INTERIM RELIEF SUBROGATION OF COUNTY TO RECEIPT OF FEDERAL PAYMENTS.
Status: in_force

31-3409. Application of state and federal program — Interim relief subrogation of county to receipt of federal payments. (1) An eligible applicant may be provided nonmedical interim assistance that is consistent with the resolution adopted by the board and to the extent such relief is not duplicative of resources or benefits reasonably available to the recipient.

(2) If federal, state or other programs or assistance are available to meet the needs of a household, an eligible applicant must apply for those programs before nonmedical assistance may be provided. If denied such other assistance, the applicant must pursue available administrative appeals for those programs to the final administrative level.

History:

[31-3409, added 1992, ch. 83, sec. 3, p. 260; am. 1998, ch. 204, sec. 3, p. 725.]
Idaho Code § 31-4311 — Idaho Code / Title 31 / Chapter 43 / Section 31-4311
31-4311 SECRETARY OF BOARD — DUTIES.
Status: in_force

31-4311. Secretary of board — Duties. The secretary shall keep correct minutes of the proceedings of the board (including but not limited to showing all bills submitted, considered, allowed or rejected), shall have custody of the records of the district, except those in the custody of the treasurer, and shall perform all other duties which are provided in this act to be performed by the secretary or which are directed or authorized by the board.

History:

[31-4311, added 1970, ch. 212, sec. 11, p. 599.]
Idaho Code § 31-2212 — Idaho Code / Title 31 / Chapter 22 / Section 31-2212
31-2212 OFFICE DEEMED VACANT, WHEN.
Status: in_force

31-2212. Office deemed vacant, when. In addition to the events specified in section 59-901, Idaho Code, when the sheriff is committed under an execution or commitment, for not paying over money received by him by virtue of his office, and remains committed for sixty (60) days, his office is vacant.

History:

[(31-2212) 1863, p. 475, sec. 46; R.S., sec. 1881; reen. R.C. & C.L., sec. 2034; C.S., sec. 3606; I.C.A., sec. 30-1712; am. 1989, ch. 14, sec. 3, p. 16.]
Idaho Code § 31-5606 — Idaho Code / Title 31 / Chapter 56 / Section 31-5606
31-5606 COUNTY CLERK, EX OFFICIO AUDITOR AND RECORDER.
Status: in_force

31-5606. 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:

[31-5606, added 1996, ch. 283, sec. 7, p. 942; am. 1996, ch. 326, sec. 2, p. 1114.]
Idaho Code § 31-1510 — Idaho Code / Title 31 / Chapter 15 / Section 31-1510
31-1510 DEFINITIONS.
Status: in_force

31-1510. Definitions. (1) A "warrant" is an order drawn by the board of county commissioners directing the county treasurer to pay a specified amount to a person named or to the bearer. It may be payable on demand or it may be issued as a short-term obligation payable. Determination of warrant type in each county shall be set by the board of county commissioners after consultation with the county treasurer and county auditor.

(2) A "registered warrant" is a warrant drawn on a fund which has insufficient funds to pay it and has been identified and logged by the county treasurer and county auditor and thereafter paid in the order of its presentation.

History:

[31-1510, added 1994, ch. 35, sec. 2, p. 54.]
Idaho Code § 31-1602 — Idaho Code / Title 31 / Chapter 16 / Section 31-1602
31-1602 DUTIES OF BUDGET OFFICER — ESTIMATE OF EXPENSES.
Status: in_force

31-1602. Duties of budget officer — Estimate of expenses. (1) The county auditor of each county in this state shall be the budget officer of his county and, as such budget officer, it shall be his duty to compile and prepare a preliminary budget for consideration by the county commissioners of his county, and upon the adoption of the final budget, as hereinafter provided, it shall be his duty to see that the provisions thereof are complied with.

(2) On or before the first Monday in May of each year, the county budget officer shall notify, in writing, each county official, elective or appointive, in charge of any office, department, service, agency, or institution of the county to file with such budget officer, on or before the third Monday in May thereafter, an itemized estimate showing both the probable revenues from sources other than taxation that will accrue to his office, department, service, agency, or institution during the fiscal year, to which the budget is intended to apply, and all expenditures required by such office, department, service, agency, or institution, for the same period, together with a brief explanatory statement of the request.

(3) Said estimates and reports shall be submitted upon forms furnished by the budget officer showing the entire revenues and expenditures under each classification and subdivision thereof for the two (2) preceding fiscal years, the amount actually received and expended to the second Monday of April of the current fiscal year, and the estimated total receipts and expenditures for the current fiscal year and show any and all estimated balances, at the end of the current fiscal year, in any appropriation available and applicable to the functions performed by such office, department, service, agency, or institution.

(4) Said estimates of probable expenditures shall be under classifications set by the board of county commissioners, to include, at a minimum, the "salaries, benefits, and detail of other expenses."

(5) If any county official, elective or appointive, in charge of any office, department, service, agency, or institution has had, or contemplates having, any expenditures, the reports of which cannot be properly made under any of the above classifications, the same shall be reported in detail in addition to the information provided for in said forms.

(6) Any official or employee failing or refusing to furnish said estimates or information within the time provided in this section shall pay a penalty of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) as may be determined by order of the board of county commissioners, said penalty to be deducted by the county auditor from the next salary warrant due such official or employee and credited to the current expense fund of said county.

(7) In the event of the absence, failure, or disability of any official or employee required to furnish estimates and information, as provided in this section, the budget officer may designate any person temporarily in charge of such office, department, service, agency, or institution to furnish said estimates and information required by this chapter. Provided, however, if for any cause said estimates and information are not filed with the budget officer in proper time to be included in the county budget provided for in this chapter, the budget officer shall prepare an estimate of expenditures for any such office, department, service, agency, or institution so failing to file its estimate, and such estimate so prepared by the budget officer and approved by the county commissioners shall be the budget for that office, department, service, agency, or institution for the fiscal year to which the budget is intended to apply.

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

History:

[(31-1602), added 1931, ch. 122, sec. 2, p. 210; I.C.A., sec. 30-1202; am. 1976, ch. 45, sec. 10, p. 127; am. 1982, ch. 191, sec. 1, p. 515; am. 1995, ch. 61, sec. 15, p. 139; am. 2021, ch. 89, sec. 8, p. 304.]
Idaho Code § 31-3220A — Idaho Code / Title 31 / Chapter 32 / Section 31-3220A
31-3220A PRISONER PAYMENT OF FEES AT TIME OF FILING OF ACTION — PARTIAL PAYMENT OF FEES — DISMISSAL OF ACTION.
Status: in_force

31-3220A. Prisoner payment of fees at time of filing of action — partial payment of fees — Dismissal of action. (1) For the purposes of this section, the following definitions shall apply:

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

(b) "Inmate account" means an account managed by officials of state, local or private correctional facilities, as defined in section 18-101A, Idaho Code, to which the prisoner has access to purchase personal property from the correctional facility's commissary in addition to property and supplies provided by the county, state or private correctional facility to meet the prisoner's basic needs.

(c) "Prisoner" shall have the meaning provided in section 18-101A, Idaho Code.

(2) A prisoner who seeks to file an action with partial payment of court fees required in sections 31-3201 and 31-3201A, Idaho Code, shall file the following at the time of filing of an action:

(a) A motion to proceed on partial payment of court fees under this section;

(b) An affidavit of inability to pay all court fees at the time of filing the action, containing complete information as to:

(i) The prisoner's identity;

(ii) The nature and amount of the prisoner's income;

(iii) The prisoner's spouse's income;

(iv) The real and personal property owned;

(v) His cash or checking accounts;

(vi) His dependents;

(vii) His debts;

(viii) His monthly expenses;

(ix) The nature of the action;

(x) The affiant's belief that he is entitled to redress;

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

(c) A certified copy of his inmate account that reflects the activity of his account over his period of incarceration or for twelve (12) months, whichever is less. The copy of the prisoner's inmate account shall be certified by a custodian of inmate accounts of the office of the county sheriff, the department of correction, or the private correctional facility.

Upon filing of the action and motion to proceed under this section, the prisoner shall also serve a copy of each document filed in compliance with this subsection upon counsel for the county sheriff, the department of correction, or the private correctional facility.

(3) Upon review of the information provided and considering the prisoner's ability to pay all court fees at the time of filing the action, the court shall order the prisoner to pay all or part of the court fees as set forth in sections 31-3201 and 31-3201A, Idaho Code.

(4) If the court permits the prisoner's action to proceed on partial payment of court fees, the court shall assess and, when funds exist, collect a partial payment of any court fees as set forth in sections 31-3201 and 31-3201A, Idaho Code, an initial partial filing fee of twenty percent (20%) of the greater of:

(a) The average monthly deposits to the prisoner's inmate account; or

(b) The average monthly balance for the six (6) month period immediately preceding the filing of the action.

(5) After payment of the initial partial filing fee, the prisoner shall be required to make monthly payments of twenty percent (20%) of the preceding month's income credited to the prisoner's inmate account until the full amount of all applicable court fees set forth in sections 31-3201 and 31-3201A, Idaho Code, are paid. The agency or entity having custody of the prisoner shall forward payments from the prisoner's inmate account to the clerk of the court each time the amount in the prisoner's inmate account exceeds ten dollars ($10.00) until the full amount of all applicable court fees set forth in sections 31-3201 and 31-3201A, Idaho Code, are paid.

(6) In no event shall the court fees collected exceed the amount of fees permitted by statute for the commencement of an action.

(7) In no event shall a prisoner be prohibited from bringing an action for the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee.

(8) The court may dismiss an action filed under this section, in whole or in part, on its own motion or by motion of a party, upon a finding that:

(a) The prisoner has failed to pay the court fees under subsection (3) of this section within thirty (30) days of the entry of the order for court fees, or any time thereafter; or

(b) Any allegation in the prisoner's affidavit filed under this section is false.

(9) If the action or any part of it is dismissed without prejudice under subsection (8) of this section, and the prisoner refiles the action, the following shall apply:

(a) The requirements under this section must be met again in their entirety; and

(b) No amount paid for court fees in any previously filed action, or any part thereof, shall be credited to the court fees required under sections 31-3201 and 31-3201A, Idaho Code.

(10) The court may refuse further filings under this section until the order for court fees has been satisfied in any previous action filed under this section.

(11) The office of the attorney general, the county prosecutor, or other counsel for the defendant or respondent, is authorized to receive information from the county sheriff, department of correction, or private correctional facility in order to verify the financial information submitted by a prisoner pursuant to this section.

(12) The court may request an official or officials of the county jail, department of correction, or private correctional facility to file an affidavit concerning the allegations in the prisoner's affidavit or concerning the merits of the action prior to determination whether to proceed under this section.

(13) The court may require the prisoner to file an affidavit that the claim has not been previously brought against the same parties or from the same operative facts in any state or federal court.

(14) The court may dismiss an action or a portion of the action under this section, before or after service, on its own motion or by motion of a party, upon a finding that:

(a) Any allegation in the affidavit or the action is false;

(b) The action is frivolous;

(c) The action is malicious; or

(d) The action fails to state a claim upon which relief can be granted.

(15) If a portion of the action is dismissed, the court's order dismissing the action shall also designate the issues and the defendant or respondent upon which the action is to proceed.

(16) The court shall award reasonable costs and attorney's fees to the defendant or respondent if the court finds that:

(a) Any allegation in the prisoner's affidavit is false;

(b) The action or any part of the action is frivolous or malicious; or

(c) The action or any part of the action is dismissed for failure to state a claim upon which relief can be granted.

(17) Orders entered under this section are not subject to interlocutory appeal.

(18) Nothing in this section shall prevent a prisoner from authorizing payment beyond that required under the order for filing fees.

(19) If the court authorizes the commencement of the action or any part of the action without payment of fees upon a finding that the prisoner is unable to pay all court fees at the time of filing the action, and the court later finds that a prisoner is then able to pay all court fees, the court shall order the prisoner to pay all unpaid court fees within two (2) business days and enter an order for court fees. The court's finding under this subsection may be based on information contained in affidavits or other information available to the court. The court shall dismiss the action if the prisoner fails to comply with an order entered under this subsection.

(20) If the action or any part of it is dismissed without prejudice under subsection (19) of this section, and the prisoner refiles the action, the following shall apply:

(a) The requirements under this section must be met again in their entirety; and

(b) No amount paid for court fees in any previously filed action, or any part thereof, shall be credited to the court fees required under sections 31-3201 and 31-3201A, Idaho Code.

(21) The court may develop a form questionnaire which it may require by local rule to be filed to implement this statute.

(22) In no way shall this section be interpreted to create a liberty interest for prisoners entitling them to due process protection under the Idaho constitution or the United States constitution.

History:

[31-3220A, added 1996, ch. 420, sec. 7, p. 1403; am. 2000, ch. 272, sec. 13, p. 796; am. 2002, ch. 296, sec. 1, p. 849.]
Idaho Code § 31-602 — Idaho Code / Title 31 / Chapter 6 / Section 31-602
31-602 EXERCISE OF POWERS.
Status: in_force

31-602. Exercise of powers. Its powers can only be exercised by the board of county commissioners, or by agents and officers acting under their authority, or authority of law. The purchasing power of the county, and the authority to contract for purchases, may be delegated to another elected official or an employee of the county by the board of county commissioners.

History:

[(31-602) R.S., sec. 1731; reen. R.C. & C.L., sec. 1899; C.S., sec. 3397; I.C.A., sec. 30-502; am. 2017, ch. 197, sec. 1, p. 482.]
Idaho Code § 31-3418 — Idaho Code / Title 31 / Chapter 34 / Section 31-3418
31-3418 CONFIDENTIALITY — PROCEEDINGS AND RECORDS OF INDIGENTS.
Status: in_force

31-3418. Confidentiality — Proceedings and records of indigents. All proceedings and records related to indigency, pursuant to chapter 34, title 31, Idaho Code, shall be exempt from disclosure pursuant to chapter 1, title 74, Idaho Code.

History:

[31-3418, added 1992, ch. 83, sec. 3, p. 262; am. 1999, ch. 30, sec. 9, p. 52; am. 2015, ch. 141, sec. 55, p. 420.]
Idaho Code § 31-4816 — Idaho Code / Title 31 / Chapter 48 / Section 31-4816
31-4816 IDAHO PUBLIC SAFETY COMMUNICATIONS COMMISSION — RESPONSIBILITIES.
Status: in_force

31-4816. Idaho public safety communications commission — responsibilities. The responsibilities of the commission are to:

(1) Determine the status and operability of consolidated emergency communications systems and interoperable public safety communications and data systems statewide;

(2) Determine the needs for the upgrade of consolidated emergency communications systems and interoperable public safety communications and data systems;

(3) Determine the costs for the upgrades;

(4) Recommend guidelines and standards for operation of consolidated emergency communications systems and interoperable public safety communications and data systems;

(5) Recommend funding mechanisms for future implementation of upgrades;

(6) Serve as a conduit for the future allocation of federal grant funds to support the delivery of consolidated emergency communications systems and interoperable public safety communications and data systems;

(7) Serve as the statewide interoperability executive committee (SIEC) for issues related to public safety communications and data communication. Such issues may involve the federal communications commission, national telecommunications information administration and first responder network authority;

(8) Perform an annual review of the statewide communications interoperability plan and provide the statewide interoperability coordinator with guidance to improve operational and interoperable communications in the state;

(9) Designate working groups or subcommittees as appropriate, which may include consolidated emergency communications, information technology, cross-jurisdictional relations with Native American tribes, interoperable public safety communications and data systems, the national public safety broadband network or future technologies, and others as deemed necessary by the commission;

(10) Report annually to the legislature of the state of Idaho on the planned expenditures for the next fiscal year, the collected revenues and moneys disbursed from the fund and programs or projects in progress, completed or anticipated;

(11) Enter into contracts with experts, agents, employees or consultants as may be necessary to carry out the purposes of this chapter;

(12) Assist public safety communications stakeholders in the establishment of consolidated emergency communications systems and public safety communications and data systems, and to provide the governance structure through which public safety communications stakeholders can collaborate to advance consistency and common objectives;

(13) Provide integrated facilitation and coordination for cross-jurisdictional consensus building;

(14) Assist in the standardization of agreements for sharing resources among jurisdictions with emergency response communications infrastructure;

(15) Suggest best practices, performance measures and performance evaluation in the integrated statewide strategic planning and implementation of interoperability;

(16) Manage funds as authorized by this chapter;

(17) Pursue budget authorizations for interoperable public safety communications and data systems; and

(18) Promulgate rules pursuant to the provisions of chapter 52, title 67, Idaho Code, to carry out the purposes of the commission's duties.

History:

[31-4816, added 2004, ch. 325, sec. 2, p. 975; am. 2016, ch. 127, sec. 6, p. 370.]
Idaho Code § 31-5213 — Idaho Code / Title 31 / Chapter 52 / Section 31-5213
31-5213 COUNTY CORONER.
Status: in_force

31-5213. County coroner. For purposes of this act the duties of the county coroner shall be as provided in chapter 28, title 31, Idaho Code, and as otherwise prescribed by law. A county coroner:

(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:

[31-5213, added 1996, ch. 283, sec. 3, p. 928.]
Idaho Code § 31-3406 — Idaho Code / Title 31 / Chapter 34 / Section 31-3406
31-3406 INVESTIGATION OF APPLICATION.
Status: in_force

31-3406. Investigation of application. It is the duty of the clerk of the board of county commissioners or his designee, to whom such application is made, to investigate, or cause to be investigated, the grounds of such application, and require the person and other such persons as may be deemed necessary, to testify under oath, and shall file a statement of findings with the board of the county. At the discretion and by resolution of the board, the clerk or his designee to whom such application is made may authorize the expenditure of sums as may be necessary to provide the immediate necessities of such person, not exceeding an aggregate sum as determined by the board which amount may exceed two hundred dollars ($200) per applicant.

History:

[31-3406, added 1992, ch. 83, sec. 3, p. 260.]
Idaho Code § 31-4906 — Idaho Code / Title 31 / Chapter 49 / Section 31-4906
31-4906 POWERS OF THE BOARD OF DIRECTORS.
Status: in_force

31-4906. Powers of the board of directors. A district board shall have and may exercise the following powers and duties:

(1) To sue and be sued;

(2) To develop and administer a system for the regional disposal of solid waste, domestic septage and/or resource recovery within the district;

(3) To authorize any action by motion, resolution, or other official action;

(4) To administer and enforce all solid waste or domestic septage regulations and standards of the district;

(5) To determine the location of its main office and branch offices, if any;

(6) To acquire, hold title to, lease, mortgage or encumber, dispose of, and pledge real and personal property and to acquire, construct, or lease buildings, structures, and solid waste or domestic septage disposal and resource recovery sites and equipment as may be deemed necessary to fulfill its duties, and to have and exercise the power of eminent domain therefor;

(7) To sell, convey, lease or dispose of any property, real or personal, with or without competitive bid, upon such terms and conditions and for such consideration as the district board deems appropriate;

(8) To acquire, construct, operate, and maintain any facilities within the district, and to enter into contracts and agreements, cooperative and otherwise, affecting the affairs of the district, including contracts with the United States of America and any of its agencies or instrumentalities, the state and any of its agencies or instrumentalities, any corporation or person, public or private, any municipality, and any political or governmental subdivision, within or without the state, and to cooperate with any one (1) or more of them in acquiring, constructing, operating, or maintaining a system or facilities within the district;

(9) To acquire, maintain, and operate, as an incident to solid waste disposal or domestic septage, electrical cogeneration facilities, to sell electricity to any person or entity, and to enter into contracts therefor;

(10) To receive moneys and property from participating counties and to receive gifts, grants, and donations from any person or entity, to expend the same for the purposes of the district, to pledge the same for the payment of any indebtedness, to deposit moneys in accordance with the public depository laws of the state, and to invest moneys of the district in investments permitted under sections 67-1210 and 67-1210A, Idaho Code;

(11) To borrow money and incur indebtedness, and to evidence the same by notes, warrants, bonds, or other evidence of indebtedness;

(12) To have the management, control, and supervision of all the business and affairs of the district;

(13) To hire an administrator and provide for the compensation of other employees of the district, and to retain agents, engineers and consultants;

(14) To retain or employ regular legal counsel, and to retain such special legal counsel as may be deemed necessary;

(15) To fix and to increase or decrease rates, fees, tolls, or charges for the use or availability of the facilities of the district;

(16) To adopt rules, regulations, and standards, consistent with state and federal laws and regulations, for the use of the district's system and facilities;

(17) To maintain civil actions for the abatement of any violation of any of the district's rules, regulations, or standards;

(18) To insure its property and to enter into contracts for insurance, including, but not limited to, liability insurance;

(19) To exercise all or any part or combination of the powers set forth in this chapter, and to do all things necessary or incidental to the proper operation of this chapter.

History:

[31-4906, added 1990, ch. 390, sec. 1, p. 1087; am. 2001, ch. 175, sec. 5, p. 597.]
Idaho Code § 31-5202 — Idaho Code / Title 31 / Chapter 52 / Section 31-5202
31-5202 ELECTION OF EXECUTIVE.
Status: in_force

31-5202. Election of executive. The executive shall be elected at the general election following the adoption of the commission-executive form of government provided in this chapter.

History:

[31-5202, added 1996, ch. 283, sec. 3, p. 923.]
Idaho Code § 31-3605 — Idaho Code / Title 31 / Chapter 36 / Section 31-3605
31-3605 ORGANIZATION OF BOARD — TERM OF EXISTENCE.
Status: in_force

31-3605. Organization of board — Term of existence. The county hospital board may be created under the provisions of this chapter at any time, and when created the members of the county hospital board who have been appointed and qualified shall, within ten (10) days after the appointment of the board, meet, organize and enter upon the performance of its duties. A county hospital board once created shall continue until such time as its discontinuance is ordered by a majority vote of the qualified electors of the county voting upon the question of discontinuance of the county hospital board at an election, held subject to the provisions of section 34-106, Idaho Code, at which the question is submitted to the electors for their vote by appropriate action and proceedings of the board of county commissioners.

History:

[31-3605, added 1946 (1st E.S.), ch. 38, sec. 5, p. 75; am. 1995, ch. 118, sec. 35, p. 459.]
Idaho Code § 31-3805 — Idaho Code / Title 31 / Chapter 38 / Section 31-3805
31-3805 DELIVERY OF WATER WITHIN SUBDIVISIONS.
Status: in_force

31-3805. delivery of water within subdivisions. (1) The provisions of this section shall apply to any subdivision, as defined in chapter 13, title 50, Idaho Code, within the state of Idaho or to a subdivision subject to a more restrictive county or city zoning ordinance. A completed application to develop a subdivision filed pursuant to chapter 65, title 67, Idaho Code, that was filed on or before June 30, 2025, is governed by the law as it existed at the time of filing.

(2) For any subdivision that lies within the service area or area of city impact of a municipal provider, the following requirements apply:

(a) If a shared well or public water system is installed, it shall be designed to meet requirements of that municipal provider and be planned to integrate with and connect to the municipal provider's system when appropriate. The requirements of this paragraph shall not apply if an agreement is reached with the municipal provider;

(b) The municipal provider shall be consulted in the design of the shared well or public water system to ensure proper integration; and

(c) Upon connection to the municipal provider's system, the water rights associated with the subdivision's shared well or public water system shall be conveyed to the municipal provider.

(3) If surface water for irrigation is reasonably available to all or any part of a subdivision, as provided in section 67-6537, Idaho Code, then no subdivision plat, amendment to a subdivision plat, or any other plat or map recognized by the city or county for the division of land will be accepted, approved, and recorded unless the owner or entity has provided for the irrigation of lots within the subdivision using the available surface water.

(4) For subdivisions using water provided by an irrigation entity, as required by section 67-6537, Idaho Code, the subdivision plat or with the plat mat as an exhibit shall include a description of the system used to deliver irrigation water from the irrigation entity's point of delivery to the individual lots. In such cases:

(a) For proposed subdivisions within the incorporated limits of a city, the irrigation system must be approved by the city zoning authority or the city council, as provided by city ordinance, with the advice of the irrigation entity charged with the delivery of water to such lands; and

(b) For proposed subdivisions located outside an incorporated city, the irrigation system must be approved by the board of county commissioners, with the advice of the irrigation entity charged with the delivery of water to such lands.

(5) For subdivisions receiving water from an irrigation entity, the subdivision plat or amendment to a subdivision plat shall contain notes stating the following:

(a) That the subdivision or a portion of it is located within the service area of the irrigation entity and the name and contact information for the irrigation entity;

(b) That a system for the delivery of irrigation water to lots within the subdivision has been provided;

(c) That the system has been approved as required by subsection (4) of this section;

(d) That the purchaser of each lot shall remain subject to all assessments levied by the irrigation entity; and

(e) That unpaid irrigation entity assessments are a lien on the land within the irrigation entity.

History:

[31-3805, added 2025, ch. 129, sec. 7, p. 667; am. 2026, ch. 2, sec. 3, p. 8.]
Idaho Code § 31-3410 — Idaho Code / Title 31 / Chapter 34 / Section 31-3410
31-3410 DECISION OF COUNTY.
Status: in_force

31-3410. Decision of county. The board shall give written notice of its decision within fifteen (15) working days following completion of the interview. In an emergency circumstance, the clerk or his designee shall make an immediate decision regarding nonmedical assistance. The decision of the board is final if a timely notice of appeal is not filed.

History:

[31-3410, added 1992, ch. 83, sec. 3, p. 261.]
Idaho Code § 31-2010 — Idaho Code / Title 31 / Chapter 20 / Section 31-2010
31-2010 BOND LIABLE FOR PENALTIES.
Status: in_force

31-2010. Bond liable for penalties. Whenever, except in criminal prosecutions, any special penalty, forfeiture or liability is imposed on any officer for nonperformance or malperformance of official duty, the liability therefor attaches to the official bond of such officer and to the principal and sureties thereon.

History:

[(31-2010) R.S., sec. 1823; reen. R.C. & C.L., sec. 1982; C.S., sec. 3552; I.C.A., sec. 30-1510.]
Idaho Code § 31-3413 — Idaho Code / Title 31 / Chapter 34 / Section 31-3413
31-3413 APPROVED CLAIMS.
Status: in_force

31-3413. Approved claims. The board shall not allow any claim or demand against the county for services to any indigent person until eligibility has been established. The board shall, by resolution, authorize the expenditures of funds not exceeding an aggregate amount to provide for the emergency nonmedical assistance of any eligible indigent person. Bills for expenditures, duly verified under oath, shall be presented to the board and the board shall audit and pay such bills out of the proper fund of the county. Payment of approved claims of indigent persons by the county shall be controlled and determined by the provisions of chapter 16, title 31, Idaho Code. The county is not obligated to pay for services received by the applicant prior to the date of application, or to make payment to relatives.

History:

[31-3413, added 1992, ch. 83, sec. 3, p. 261.]
Idaho Code § 31-2120 — Idaho Code / Title 31 / Chapter 21 / Section 31-2120
31-2120 SUSPENSION OF TREASURER PENDING ACTION.
Status: in_force

31-2120. Suspension of treasurer pending action. Whenever an action based upon official misconduct is commenced against any county treasurer, the commissioners may, in their discretion, suspend him from office until such suit is determined, and may appoint some person to fill the vacancy.

History:

[(31-2120) 1863, p. 475, sec. 122; R.S., sec. 1858; reen. R.C. & C.L., sec. 2009; C.S., sec. 3581; I.C.A., sec. 30-1620.]
Idaho Code § 31-3908A — Idaho Code / Title 31 / Chapter 39 / Section 31-3908A
31-3908A EXEMPTIONS FROM TAXATION.
Status: in_force

31-3908A. Exemptions from taxation. The board of county commissioners, upon application, may, by an ordinance enacted by not later than the second Monday of July, exempt all or a portion of the unimproved real property within the district from taxation, and may exempt all or a portion of the taxable personal property within the district from taxation. Any ordinance of the board of county commissioners granting an exemption from taxation under the provisions of this section must provide that each category of property is treated uniformly. Notice of intent to adopt an ordinance which exempts unimproved real property shall be provided to property owners of record in substantially the same manner as required in section 67-6511(2)(b), Idaho Code, as if the ordinance were making a zoning district boundary change.

History:

[31-3908A, added 1996, ch. 152, sec. 1, p. 492; am. 2013, ch. 216, sec. 5, p. 510.]
Idaho Code § 31-3617 — Idaho Code / Title 31 / Chapter 36 / Section 31-3617
31-3617 LIBERAL INTERPRETATION OF POWERS OF BOARD.
Status: in_force

31-3617. Liberal interpretation of powers of board. The grant of powers in this act contained to county hospital boards and to the duly authorized officers and agents thereof shall be liberally interpreted and construed as a broad and general grant of powers to the end that the operation and administration of county hospital properties may be efficient, economical and successful; the enumeration of certain powers that would be implied without such enumeration shall not be construed as a denial or exclusion of other implied powers necessary for the free and efficient exercise of the powers expressly granted.

History:

[31-3617, added 1946 (1st E.S.), ch. 38, sec. 17, p. 75.]
Idaho Code § 31-2117 — Idaho Code / Title 31 / Chapter 21 / Section 31-2117
31-2117 DISPOSAL OF MONEY OR PROPERTY FOUND ON DEAD BODY.
Status: in_force

31-2117. Disposal of money or property found on dead body. The coroner or other public official must notify the county treasurer, within seventy-two (72) hours of knowledge of a death and upon verification of no legal next of kin or administrator of the decedent's estate, of money or other property found on or with a dead body. The treasurer, upon receiving such funds, must deposit them to the credit of the county. On receiving other property in like manner he must, within thirty (30) days, sell it at public auction upon reasonable public notice and must in like manner deposit the proceeds to the credit of the county.

History:

[(31-2117) 1863, p. 475, sec. 146; R.S., sec. 1855; reen. R.C. & C.L., sec. 2006; C.S., sec. 3578; I.C.A., sec. 30-1617; am. 1996, ch. 69, sec. 9, p. 216; am. 2022, ch. 62, sec. 3, p. 195.]
Idaho Code § 31-2602 — Idaho Code / Title 31 / Chapter 26 / Section 31-2602
31-2602 DEPUTY PROSECUTING ATTORNEYS — APPOINTMENT, SALARY, AND QUALIFICATIONS.
Status: in_force

31-2602. Deputy prosecuting attorneys — Appointment, salary, and qualifications. Each prosecuting attorney may be empowered by the board of county commissioners of his county to appoint deputy prosecuting attorneys upon a finding by such board of county commissioners that such appointments are necessary for the proper conduct of his office. The deputy prosecuting attorneys shall receive a salary to be fixed by the board of county commissioners of his county. The salary of any deputy prosecuting attorney shall be paid monthly from the county treasury on warrants of the county auditor on being allowed and audited by the board of county commissioners, as other claims against the county. Every deputy prosecuting attorney must possess the qualifications required of prosecuting attorneys, except that of county residency.

History:

[(31-2602) C.S., sec. 3653-A, as added by 1927, ch. 156, sec. 1, p. 210; I.C.A., sec. 30-2102; am. 1941, ch. 138, sec. 1, p. 272; am. 1986, ch. 139, sec. 1, p. 375; am. 1996, ch. 352, sec. 1, p. 1176.]
Idaho Code § 31-3919 — Idaho Code / Title 31 / Chapter 39 / Section 31-3919
31-3919 CARRY OVER — FUND BALANCE.
Status: in_force

31-3919. Carry over — Fund balance. The board of commissioners of an ambulance service district may accumulate fund balances at the end of a fiscal year and carry over those fund balances into the following fiscal year budget for equipping and maintaining the district. As used in this section, "fund balance" means the excess of the assets of a fund over its liabilities and reserves.

History:

[31-3919, added 2020, ch. 209, sec. 17, p. 614.]
Idaho Code § 31-4705 — Idaho Code / Title 31 / Chapter 47 / Section 31-4705
31-4705 SECRETARY AND TREASURER OF COUNTY MUSEUM BOARD.
Status: in_force

31-4705. Secretary and treasurer of county museum board. The county museum board shall select and employ a competent secretary whom they shall vest with general managerial powers subject to the provisions of this chapter. It shall also appoint a treasurer. The office of secretary may be combined with the office of treasurer and held by the same person. The treasurer shall be required to furnish a bond in such sum as may be fixed by the board of county commissioners, and when furnished to be approved by it.

History:

[31-4705, added 1990, ch. 393, sec. 1, p. 1104.]
Idaho Code § 31-2903 — Idaho Code / Title 31 / Chapter 29 / Section 31-2903
31-2903 VALIDITY OF ELECTRONIC DOCUMENTS.
Status: in_force

31-2903. Validity of electronic documents. (1) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this chapter.

(2) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.

(3) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression or seal need not accompany an electronic signature.

History:

[31-2903, added 2007, ch. 63, sec. 1, p. 155.]
Idaho Code § 31-816 — Idaho Code / Title 31 / Chapter 8 / Section 31-816
31-816 FIXING OF SALARIES.
Status: in_force

31-816. Fixing of salaries. To fix the compensation of all county officers and employees, and provide for the payment of the same.

History:

[(31-816) R.S., sec. 1759; R.C., sec. 1917p, as added by 1913, ch. 143, sec. 2, p. 508; reen. C.L., sec. 1917p; C.S., sec. 3431; I.C.A., sec. 30-722; am. 1989, ch. 73, sec. 9, p. 122.]
Idaho Code § 31-1503 — Idaho Code / Title 31 / Chapter 15 / Section 31-1503
31-1503 PROHIBITIONS ON ALLOWANCE OF CLAIMS.
Status: in_force

31-1503. Prohibitions on allowance of claims. The board must not for any purpose contract debts or liabilities, except in pursuance of law. They must not allow any account of any county officer while he neglects or refuses to perform any duty required of him by law or is liable upon any official or other bond.

History:

[(31-1503) R.S., sec. 1771; modified by 1899, p. 405, sec. 4; compiled and reen. R.C. & C.L., sec. 1945; C.S., sec. 3504; I.C.A., sec. 30-1103; am. 1933, ch. 43, sec. 1, p. 57; am. 1995, ch. 61, sec. 8, p. 137.]
Idaho Code § 31-3609 — Idaho Code / Title 31 / Chapter 36 / Section 31-3609
31-3609 CHIEF EXECUTIVE OFFICER AND EMPLOYEES.
Status: in_force

31-3609. Chief executive officer and employees. The county hospital board shall select and employ a competent chief executive officer whom they shall vest with general managerial powers over the operation of the hospital property, subject to the provisions of this act and subject to the rules and regulations for the conduct of the hospital affairs as formulated by the hospital board and approved by the board of county commissioners, together with such assistant or assistants as the board may find necessary or convenient to the efficient and successful operation of the hospital property. The board shall fix a salary to be paid to the chief executive officer and to any assistant chief executive officer or chief executive officers, and shall be authorized to contract with competent persons for such services for such period as the board may authorize. The chief executive officer shall be responsible for the employment, supervision, direction, assignment and discharge of all operating employee personnel. Payment for such services shall be according to the scale of wages as fixed by the hospital board and in effect at the time. The hospital board shall have the power to change, by increase or decrease, the scale of wages to be paid at any time.

Any suit or action instituted to recover any debt or monies due any county hospital arising out of the operation thereof may be instituted by the chief executive officer of such hospital in his official capacity and in the name of the hospital. The chief executive officer shall account to the county hospital board for all sums so collected.

History:

[31-3609, added 1946 (1st E.S.), ch. 38, sec. 9, p. 75; am. 1955, ch. 102, sec. 1, p. 224; am. 1982, ch. 340, sec. 6, p. 854.]
Idaho Code § 31-847 — Idaho Code / Title 31 / Chapter 8 / Section 31-847
31-847 LEAVE OF ABSENCE TO OFFICERS.
Status: in_force

31-847. Leave of absence to officers. The board of commissioners may grant to any county officer of their respective counties leave of absence from their county and the state, for a period not exceeding ninety (90) days, during which time the absence of such officer does not work forfeiture of his office; provided, that before the granting of such leave of absence, the officer (except county commissioners) must appoint a deputy to perform the duties of his office, as by statute in such cases made and provided, and must present to, and file with, the board of commissioners of his county the written consent of each person liable on his official bond, that such leave of absence be granted; be it further provided, that no leave of absence shall be granted to more than any one (1) county commissioner at the same time; providing, however, that where any elective or appointive county officer is required to absent himself by reason of being a member of the armed forces of the nation or by reason of official call to service in civilian war work, such period of absence shall not exceed the date of the next succeeding general election, such absence shall not work forfeiture of the office of such officer, and such absence shall suspend the salary of such officer during such period, except that the board may adopt a policy by which such officer may, for periods of absence not to exceed four (4) weeks per year, receive his or her regular salary reduced by an amount equal to any monetary compensation received for the performance of such military or civilian war work. For purposes of this section, appointive county officers do not include deputies appointed pursuant to section 31-2003, Idaho Code.

History:

[(31-847) 1872, p. 27, sec. 1; R.S., sec. 1785; am. 1888-1889, p. 63; reen. R.C. & C.L., sec. 1922; C.S., sec. 3454; I.C.A., sec. 30-745; am. 1935, ch. 9, sec. 1, p. 23; am. 1943, ch. 66, sec. 1, p. 136; am. 1949, ch. 61, sec. 1, p. 104; am. 1970, ch. 120, sec. 2, p. 284; am. 1989, ch. 73, sec. 22, p. 126; am. 1995, ch. 114, sec. 1, p. 384.]
Idaho Code § 31-4304A — Idaho Code / Title 31 / Chapter 43 / Section 31-4304A
31-4304A CREATION OF A PLANNED UNIT DEVELOPMENT RECREATION DISTRICT.
Status: in_force

31-4304A. Creation of a planned unit development recreation district. A recreation district may be created by a planned unit development created pursuant to section 67-6515, Idaho Code, applicable to the boundaries of the planned unit development as created by county permit pursuant to the following special terms and provisions:

(a) A "qualified elector" as defined in section 31-4303, Idaho Code, shall include a person owning real property in the proposed district.

(b) Upon receipt of a petition signed by sixty percent (60%) of the qualified electors in a planned unit development to form a recreation district, the board of county commissioners shall issue an order so finding a district has been formed as if an election had been held pursuant to section 31-4304, Idaho Code.

(c) The provisions of subsections (f) and (g) of section 31-4304, Idaho Code, shall apply to initial appointment of a board of directors for a district organized pursuant to this section. Additionally, the provisions of this chapter shall apply to the provisions of a district organized pursuant to this section.

History:

[31-4304A, added 1995, ch. 353, sec. 1, p. 1194.]
Idaho Code § 31-5305 — Idaho Code / Title 31 / Chapter 53 / Section 31-5305
31-5305 ELECTION OF ADDITIONAL COMMISSIONERS — ALL MEMBERS OF COMMISSION MAY BE ELECTED TO FOUR YEAR TERMS.
Status: in_force

31-5305. Election of additional commissioners — All members of commission may be elected to four year terms. (1) If the size of the board of county commissioners is increased, the additional commissioners shall be elected at the following general election.

(2) Except as provided in subsection (3) of this section, the additional members shall be elected for a term of two (2) years, with the allotment of the four-year term between the entire commission to proceed in numerical rotation in accordance with the provisions of section 31-703, Idaho Code.

(3) Notwithstanding the provisions of section 31-703, Idaho Code, or any other provision of law to the contrary, the petition or resolution to adopt the optional form of government provided in this chapter may provide that all members of the board of county commissioners for the county be elected to serve terms of four (4) years. If approved by the electors, the commissioner for each additional district shall be elected to a term of four (4) years and commissioners for existing districts shall be elected to a term of four (4) years upon the expiration of the commissioner's current term of office.

History:

[31-5305, added 1996, ch. 283, sec. 4, p. 930.]
Idaho Code § 31-4513 — Idaho Code / Title 31 / Chapter 45 / Section 31-4513
31-4513 EXEMPTION FROM CONSTRUCTION AND BIDDING REQUIREMENTS FOR PUBLIC BUILDINGS.
Status: in_force

31-4513. Exemption from construction and bidding requirements for public buildings. A pollution control facility is not subject to any requirements relating to public buildings, structures, grounds, works, or improvements imposed by the Idaho Code, or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale, or other disposition of property of any county is not applicable to any action taken under authority of this act.

History:

[31-4513, added 1975, ch. 52, sec. 13, p. 105.]
Idaho Code § 31-4515 — Idaho Code / Title 31 / Chapter 45 / Section 31-4515
31-4515 TAX EXEMPTION.
Status: in_force

31-4515. Tax exemption. Revenue bonds and the interest thereon, issued pursuant to the authority contained in this act, shall be exempt from taxation under the Idaho income tax law.

History:

[31-4515, added 1975, ch. 52, sec. 15, p. 105.]
Idaho Code § 31-5602 — Idaho Code / Title 31 / Chapter 56 / Section 31-5602
31-5602 BOARD OF COUNTY COMMISSIONERS — CHANGE IN TERM OF OFFICE.
Status: in_force

31-5602. Board of county commissioners — Change in term of office. (1) The petition or resolution shall specify the terms of office of the seven-member board of county commissioners, which may be as provided in this section.

(2) Except as provided in subsection (3) of this section, the additional members of the board of county commissioners shall be elected for a term of two (2) years, with the allotment of the four-year term between the entire commission to proceed in numerical rotation in accordance with the provisions of section 31-703, Idaho Code.

(3) Notwithstanding the provisions of section 31-703, Idaho Code, or any other provision of law to the contrary, the petition or resolution to adopt the optional form of government provided in this chapter may provide that all members of the board of county commissioners for the county be elected to serve terms of four (4) years. If approved by the electors, the commissioner for each additional district shall be elected to a term of four (4) years and commissioners for existing districts shall be elected to a term of four (4) years upon the expiration of the commissioner's current term of office.

History:

[31-5602, added 1996, ch. 283, sec. 7, p. 941.]
Idaho Code § 31-2417 — Idaho Code / Title 31 / Chapter 24 / Section 31-2417
31-2417 LIABILITY FOR NEGLECT.
Status: in_force

31-2417. Liability for neglect. (1) If any recorder to whom an instrument, proved or acknowledged according to law, or any paper or notice which may by law be recorded, is delivered for record:

(a) Neglects or refuses without any legal basis to record such instrument, paper or notice within a reasonable time after receiving the same; or

(b) Records any instruments, papers or notices untruly, or in any other manner than as hereinbefore directed; or

(c) Neglects or refuses to keep in his office such indexes as are required by this chapter, or to make the proper entries therein; or

(d) Alters, changes or obliterates any records deposited in his office or inserts any new matter therein.

He is liable to the party aggrieved for the amount of the damages which may be occasioned thereby.

(2) Under no circumstances shall a recorder be liable for the release of any recorded information pursuant to a request and payment of fees.

History:

[(31-2417) 1863, p. 475, sec. 77; R.S., sec. 2033; reen. R.C. & C.L., sec. 2076; C.S., sec. 3649; I.C.A., sec. 30-1917; am. 1989, ch. 90, sec. 9, p. 214; am. 2005, ch. 243, sec. 7, p. 760.]
Idaho Code § 31-4808 — Idaho Code / Title 31 / Chapter 48 / Section 31-4808
31-4808 TERMINATION.
Status: in_force

31-4808. Termination. (1) Any county or joint powers board having adopted and established an emergency communications system as provided in this chapter may terminate the same for good cause.

(2) If, after the formation of any 911 service area of less than county-wide extent, the voters of the county approve 911 service for the entire county, the newly formed county-wide 911 service area shall assume all of the assets and liabilities of all 911 service areas existing in that county at the time of formation of the county-wide system. Existing 911 service areas shall have two (2) years from the date of the county-wide election to merge into the county-wide consolidated emergency communications system.

History:

[31-4808, added 1988, ch. 348, sec. 1, p. 1029; am. 1990, ch. 200, sec. 6, p. 452.]
Idaho Code § 31-3619 — Idaho Code / Title 31 / Chapter 36 / Section 31-3619
31-3619 SEPARABILITY.
Status: in_force

31-3619. Separability. If any section or sections, or part or parts thereof be held to be unconstitutional, or invalid for any other reason, such holding shall not affect the validity of the remaining portions of the act.

History:

[31-3619, added 1946 (1st E.S.), ch. 38, sec. 19, p. 75.]
Idaho Code § 31-409 — Idaho Code / Title 31 / Chapter 4 / Section 31-409
31-409 CONDUCT OF ELECTION.
Status: in_force

31-409. Conduct of election. The polls in the several election precincts on the day any such election is held shall be open as provided in chapter 14, title 34, Idaho Code. No adjournments or intermissions whatever shall take place until the polls shall be closed and the votes counted.

History:

[31-409, added 1933, ch. 135, sec. 9, p. 206; am. 1995, ch. 118, sec. 23, p. 450.]
Idaho Code § 31-2015 — Idaho Code / Title 31 / Chapter 20 / Section 31-2015
31-2015 BONDS OF OFFICERS — AMOUNT OF PENALTY.
Status: in_force

31-2015. Bonds of officers — Amount of penalty. County and district officers must execute official bonds in the following amounts:

(1) County commissioners each in the sum of five thousand dollars ($5,000);

(2) County treasurers each in double the probable amount of money that may at any time come into his hands as such treasurer, to be fixed by the board of county commissioners: provided, if surety bond is given as provided in section 41-2707, Idaho Code, the bond need not exceed twenty-five percent (25%) of the probable amount that may be at hand at any one time, but in no case to be less than ten thousand dollars ($10,000);

(3) Sheriffs each in the sum of ten thousand dollars ($10,000);

(4) Clerks of the district court each in the penal sum of five thousand dollars ($5,000), with two (2) sufficient sureties, to be approved by the judge of the district conditioned that he will faithfully perform the duties of his office and at all times account for and pay over all moneys in his hands as clerk; and the penalty of such bond may at any time be increased by the judge of the district. The clerk may require a bond from any deputy;

(5) County recorders each in the sum of not less than five thousand dollars ($5,000) nor more than twenty thousand dollars ($20,000), to be fixed by the board of county commissioners, and to cover his duties and liabilities as recorder, auditor, and clerk of the board of county commissioners;

(6) Assessors each in the sum of five thousand dollars ($5,000);

(7) Tax collectors and license collectors each in the sum of not less than two thousand dollars ($2,000) nor more than fifty thousand dollars ($50,000) to be fixed by the board of county commissioners;

(8) Prosecuting attorneys each in the sum of two thousand dollars ($2,000);

(9) Coroners each in the sum of one thousand dollars ($1,000);

(10) Public administrators each in the sum of two thousand dollars ($2,000); and

(11) Constables in the sum of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), to be fixed by the board of county commissioners.

History:

[(31-2015) R.S., sec. 1828; am. and reen. R.C. & C.L., sec. 1987; am. 1919, ch. 125, sec. 1, p. 410; C.S., sec. 3557; I.C.A., sec. 30-1515; am. 1961, ch. 104, sec. 1, p. 153; am. 1963, ch. 88, sec. 3, p. 283; am. 1970, ch. 120, sec. 8, p. 284; am. 2022, ch. 111, sec. 17, p. 378.]
Idaho Code § 31-2123 — Idaho Code / Title 31 / Chapter 21 / Section 31-2123
31-2123 EXAMINATION OF BOOKS.
Status: in_force

31-2123. Examination of books. The treasurer must permit the county commissioners and auditor to examine his books and count the money in the treasury whenever they may wish to make an examination or counting.

History:

[(31-2123) 1863, p. 475, sec. 114; R.S., sec. 1861; reen. R.C. & C.L., sec. 2012; C.S., sec. 3584; I.C.A., sec. 30-1623.]
Idaho Code § 31-4703 — Idaho Code / Title 31 / Chapter 47 / Section 31-4703
31-4703 TIME FOR CREATION.
Status: in_force

31-4703. Time for creation. The county museum board may be created under the provisions of this chapter at any time before the first Monday in July in any year.

History:

[31-4703, added 1990, ch. 393, sec. 1, p. 1103.]
Idaho Code § 31-4407A — Idaho Code / Title 31 / Chapter 44 / Section 31-4407A
31-4407A CHANGES IN STATUS OF MAJOR WASTE GENERATORS AND MUNICIPALITIES — PROCEDURES.
Status: in_force

31-4407A. Changes in status of major waste generators and municipalities — Procedures. (1) Major solid waste generators and municipalities operating solid waste collection or disposal systems pursuant to the authority conferred by law or desiring to initiate or abandon such systems shall conform to the procedures and standards set forth in this section before taking any action which would significantly affect the amount or distribution of solid waste within any county. The board of county commissioners of any county may waive operation of the procedure called for in this section by passage of a resolution indicating their intent to do so.

(2) Whenever a county shall propose the establishment of a new solid waste processing facility within the boundaries of the county or in conjunction with adjoining counties, it shall give notice to all municipalities within its boundaries that it intends to establish a processing facility. In conjunction with the notice, the county shall provide a copy of a feasibility study prepared by a licensed professional engineer concerning the proposed processing facility which shall address the estimated capital cost of the facility, estimated costs of operation of the facility, and the estimated life span of the facility. The notice shall be provided to potentially affected municipalities at least one hundred eighty (180) days prior to the scheduled initiation of construction of any solid waste processing facility.

(3) Within ninety (90) days of receipt of the notice, each affected municipality shall respond to the notice provided by the county, indicating in its response the intention of the municipality to participate in the use of the proposed facility or to develop or continue operation of an independent solid waste processing facility of its own for the projected duration of the proposed county project.

(4) Pursuant to the responses received from affected municipalities, the county proposing development of the solid waste processing facility may tender contracts to participating municipalities assuring the availability of waste disposal capacity at the proposed facility for any duration promised by contract and securing commitments from the municipalities to participate in use of the facility for the duration of its projected life. The contracts shall not constitute guarantees of costs or duration of serviceability of the proposed facility. The contracts may provide for annual adjustments to reflect changes in the relative contribution rates of municipalities to the waste stream feeding the disposal facility. No capital contribution obligation shall extend beyond fifteen (15) years. Additional contracts for capital participation may be proposed and entered into after the expiration of the initial agreement.

(5) Any municipality which indicates its intent not to participate in a proposed facility shall be barred from later participation without the consent of the board of county commissioners and without payment of a capital contribution adequate to finance the cost of additional capacity adequate to accommodate the waste stream generated within the municipality. The amount and method of payment of the capital contribution shall be established by the board of county commissioners.

(6) Any municipality which elects to participate in a given solid waste processing facility, but later elects to withdraw from said project, may do so, but shall remain obligated for any capital costs incurred in its behalf, but may receive partial credit for operational economies created by its withdrawal. The burden of proof of the extent of operational economies shall rest upon the withdrawing municipality.

(7) Major solid waste generators located outside participating municipalities shall be treated in the same manner as municipalities concerning commitments to waste facility capacity. Boards of county commissioners are authorized to enter into contracts with major solid waste generators for the expected duration of operation of any solid waste processing facility.

History:

[31-4407A, added 1987, ch. 213, sec. 3, p. 455.]
Idaho Code § 31-871 — Idaho Code / Title 31 / Chapter 8 / Section 31-871
31-871 CLASSIFICATION AND RETENTION OF RECORDS.
Status: in_force

31-871. Classification and retention of records. (1) County records shall be classified as follows:

(a) "Law enforcement media recording" means a digital record created by a law enforcement agency in the performance of its duties that consists of a recording of visual or audible components or both.

(b) "Permanent records" shall consist of, but not be limited to, the following: proceedings of the governing body, ordinances, resolutions, building plans and specifications for commercial projects and government buildings, bond register, warrant register, budget records, general ledger, cash books and records affecting the title to real property or liens thereon, and other documents or records as may be deemed of permanent nature by the board of county commissioners.

(c) "Semipermanent records" shall consist of, but not be limited to, the following: claims, contracts, canceled checks, warrants, duplicate warrants, license applications, building applications for commercial projects and government buildings, departmental reports, purchase orders, vouchers, duplicate receipts, bonds and coupons, financial records, and other documents or records as may be deemed of semipermanent nature by the board of county commissioners.

(d) "Temporary records" shall consist of, but not be limited to, the following: correspondence not related to subsections (1) and (2) of this section, building applications, plans, and specifications for noncommercial and nongovernment projects after the structure or project receives final inspection and approval, cash receipts subject to audit, and other records as may be deemed temporary by the board of county commissioners.

(e) Those records not included in paragraph (a), (b), (c) or (d) of this subsection shall be classified as permanent, semipermanent or temporary by the board of county commissioners and upon the advice of the office of the prosecuting attorney.

(2) County records shall be retained as follows:

(a) Permanent records shall be retained for not less than ten (10) years.

(b) Semipermanent records shall be kept for not less than five (5) years after date of issuance or completion of the matter contained within the record.

(c) Temporary records shall be retained for not less than two (2) years.

(d) Law enforcement media recordings with evidentiary value shall be retained for not less than two hundred (200) days from the date the recording was made.

(e) Law enforcement media recordings that have no evidentiary value and that are recorded by the law enforcement agency's equipment that is not affixed to any building or structure's interior or exterior wall shall be retained for not less than sixty (60) days from the date the recording was made.

(f) Law enforcement media recordings that have no evidentiary value and that are recorded by the law enforcement agency's equipment that is affixed to any building or structure's interior or exterior wall shall be retained for not less than fourteen (14) days from the date the recording was made.

(g) Records may be destroyed only by resolution of the board of county commissioners after regular audit and upon the advice of the prosecuting attorney, except that law enforcement media recordings may be destroyed without a resolution. A resolution ordering destruction must list, in detail, records to be destroyed. Such disposition shall be under the direction and supervision of the elected official or department head responsible for such records.

(h) The provisions of this section shall control the classification, retention and destruction of all county records unless otherwise provided in Idaho Code or any applicable federal law.

(3) As used in this section:

(a) "Evidentiary value" means containing information relevant to:

(i) Any use of force by a government agency;

(ii) Any events leading up to and including an arrest or citation for a criminal offense;

(iii) Any events that constitute a criminal offense;

(iv) Any encounter about which a complaint has been filed by a subject, or his representative, of the law enforcement media recording; or

(v) Any encounter about which a valid public records request has been filed by a subject, or his representative, of the law enforcement media recording.

(b) "Law enforcement agency" means a county agency given law enforcement powers or that has authority to investigate, enforce, prosecute or punish violators of state or federal criminal statutes, ordinances or regulations including a county sheriff's office, a county prosecuting attorney's office, and misdemeanor and juvenile probation offices. "Law enforcement agency" shall include any private entity contracting with a county to provide the services of a law enforcement agency.

(c) "Valid public records request" means a request as described in section 74-102, Idaho Code.

History:

[31-871, added 1993, ch. 140, sec. 2, p. 372; am. 2000, ch. 54, sec. 1, p. 108; am. 2001, ch. 99, sec. 3, p. 249; am. 2010, ch. 62, sec. 1, p. 111; am. 2011, ch. 285, sec. 1, p. 778; am. 2018, ch. 184, sec. 1, p. 403.]
Idaho Code § 31-2207 — Idaho Code / Title 31 / Chapter 22 / Section 31-2207
31-2207 REFUSAL TO PAY OVER MONEY.
Status: in_force

31-2207. Refusal to pay over money. If he neglects or refuses to pay over, on demand, to the person entitled thereto, any money which may come into his hands by virtue of his office (after deducting his legal fees) the amount thereof, with twenty-five per cent (25%) damages and interest at the rate of ten per cent (10%) per month from the time of demand, may be recovered by such person.

History:

[(31-2207) 1863, p. 475, sec. 9; R.S., sec. 1876; reen. R.C. & C.L., sec. 2029; C.S., sec. 3601; I.C.A., sec. 30-1707.]
Idaho Code § 31-120 — Idaho Code / Title 31 / Chapter 1 / Section 31-120
31-120 CLEARWATER COUNTY.
Status: in_force

31-120. Clearwater county. Clearwater county is described as follows: beginning at the mouth of Lolo creek;

Southern boundary. Thence in a northeasterly direction up the middle of the channel to the head of said Lolo creek; thence northeasterly in a direct line to a point where the Montana-Idaho state line intersects the Lolo pass at the summit of the Bitterroot mountains;

Eastern boundary. Thence in a northwesterly direction along said Montana-Idaho state line to the intersection of the same with the northern boundary of township forty-one (41) north;

Northern boundary. Thence west along said northern boundary line to the north quarter corner of section three (3), township forty-one (41) north, range one (1) east, being the northeast corner of Clearwater county with Shoshone county to the north and Latah county to the west;

Western boundary. 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 point;

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) north, range one (1) east;

Thence west along the section line approximately 1230 feet to the northeast corner of section 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; thence west along said middle line of township thirty-eight (38) north, to the northwest corner of section twenty-two (22), township thirty-eight (38) north, range one (1) west; thence south to the north boundary line of the Nez Perce Indian reservation; thence easterly along said reservation line to the intersection of the same with the line running south between sections fifteen (15) and sixteen (16), township thirty-seven (37) north, range one (1) west; thence south on the said line between sections fifteen (15) and sixteen (16) to the middle of the channel of Clearwater river; thence up the middle of the channel of said Clearwater river to a point where the same is intersected by the section line between sections five (5) and six (6), township thirty-six (36) north, range one (1) east; thence south on the section line between said sections five (5) and six (6) to the middle of the channel of Little Canyon creek; thence up the middle of the channel of Little Canyon creek to a point where the same intersects the seventh (7th) standard parallel north; thence east along said parallel to the middle of the channel of Clearwater river; thence up the middle of the channel of said Clearwater river to the point of beginning.

County seat–Orofino.

History:

[(31-120) Compiled and reen. C.L. 3:18; C.S., sec. 24; I.C.A., sec. 30-120; am. 2024, ch. 222, sec. 3, p. 780.]
Idaho Code § 31-2305 — Idaho Code / Title 31 / Chapter 23 / Section 31-2305
31-2305 WARRANT BLANKS — REGISTRATION.
Status: in_force

31-2305. Warrant blanks — Registration. The auditor shall have prepared, in separate series, warrant blanks for each year. They must be numbered consecutively, and must show the year against the revenue of which they are to be issued. He shall begin the use of a new series of warrants on the first day in October of each year. All warrants issued by the auditor shall be upon the warrant blanks of the series for the year chargeable with the amount for which such warrant is issued, and the number, date and amount of each, and the name of the person to whom payable, and the purpose for which drawn must be stated thereon. All warrants must, at the time they are issued, be registered by the auditor.

History:

[(31-2305) R.S., sec. 2009; am. 1899, p. 397, sec. 1; reen. R.C. & C.L., sec. 2056; C.S., sec. 3628; I.C.A., sec. 30-1805; am. 1935, ch. 21, sec. 1, p. 38; am. 1976, ch. 45, sec. 22, p. 137; am. 1984, ch. 111, sec. 2, p. 255.]
Idaho Code § 31-4307 — Idaho Code / Title 31 / Chapter 43 / Section 31-4307
31-4307 PERSONS WHO MAY VOTE IN ELECTION.
Status: in_force

31-4307. Persons who may vote in election. Any person may vote at a district election who is a qualified elector as defined in section 34-104, Idaho Code, for a recreation district created pursuant to section 31-4304, Idaho Code, or as defined in section 31-4304A, Idaho Code, for a recreation district created pursuant to that section.

History:

[31-4307, added 1970, ch. 212, sec. 7, p. 599; am. 1982, ch. 254, sec. 8, p. 652; am. 1995, ch. 118, sec. 40, p. 462; am. 1995, ch. 353, sec. 2, p. 1194.]
Idaho Code § 31-3201H — Idaho Code / Title 31 / Chapter 32 / Section 31-3201H
31-3201H SURCHARGE FEE.
Status: in_force

31-3201H. surcharge fee. (1) The court shall charge a surcharge fee to be paid by each defendant for each criminal offense or infraction committed on or after April 15, 2010, for which the defendant is found or pleads guilty. Such fee shall be in addition to all other fines and fees levied.

(2) The amount of the surcharge fee shall be as follows:

(a) For each felony, the fee shall be one hundred dollars ($100);

(b) For each misdemeanor and for each infraction under section 18-8001 or 49-301, Idaho Code, or each first-time infraction under section 23-604 or 23-949, Idaho Code, the fee shall be fifty dollars ($50.00); and

(c) For each infraction, except each infraction under section 18-8001 or 49-301, Idaho Code, or each first-time infraction under section 23-604 or 23-949, Idaho Code, the fee shall be ten dollars ($10.00).

(3) The fee shall be collected by the clerk of the district court and 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, who shall deposit eighty percent (80%) of such fees in the state general fund and twenty percent (20%) of such fees in the court technology fund created by section 1-1623, Idaho Code.

History:

[31-3201H, added 2010, ch. 205, sec. 3, p. 446; am. 2013, ch. 80, sec. 1, p. 199; am. 2014, ch. 190, sec. 7, p. 513; am. 2016, ch. 34, sec. 1, p. 84; am. 2016, ch. 344, sec. 8, p. 995; am. 2018, ch. 298, sec. 7, p. 713; am. 2023, ch. 78, sec. 6, p. 267.]
Idaho Code § 31-113 — Idaho Code / Title 31 / Chapter 1 / Section 31-113
31-113 BOUNDARY COUNTY.
Status: in_force

31-113. Boundary county. Boundary county is described as follows: beginning at a point on the state line between the states of Idaho and Washington where the same is intersected by the north line of township sixty-three (63) north, range five (5) west;

Southern boundary. Thence east along the said north line of township sixty-three (63) north, ranges five (5) and four (4) west, to the range line between ranges three (3) and four (4) west; thence south along said range line to the southwest corner of township sixty (60) north, range three (3) west; thence east along said south line of township sixty (60) through ranges three (3), two (2) and one (1) west, and ranges one (1), two (2) and three (3) east, to the state line between the state of Idaho and Montana;

Eastern boundary. Thence north along said state line to the international boundary line between the United States and the Dominion of Canada;

Northern boundary. Thence west along said international boundary to its junction with the state line between the states of Idaho and Washington;

Western boundary. Thence south along said state line to the point of beginning.

County seat–Bonners Ferry.

History:

[(31-113) Compiled and reen. C.L. 3:13; C.S., sec. 17; I.C.A., sec. 30-113.]
Idaho Code § 31-2606 — Idaho Code / Title 31 / Chapter 26 / Section 31-2606
31-2606 PROHIBITIONS.
Status: in_force

31-2606. Prohibitions. No prosecuting attorney must receive any fee or reward for or on behalf of any prosecutor or other individual, for services in any prosecution, or business to which it is his official duty to attend or discharge; nor be concerned as attorney or counsel for either party other than for the state, people or county, in any civil action depending upon the same state of facts, upon which any criminal prosecution commenced but not determined depends, and no law partner of any county attorney must be engaged in the defense of any suit, action or proceeding, in which said prosecuting attorney appears on behalf of the people, state or county.

History:

[(31-2606) 1897, p. 74, sec. 5; reen. 1899, p. 24, sec. 5; am. and reen. R.C. & C.L., sec. 2084; C.S., sec. 3657; I.C.A., sec. 30-2106.]
Idaho Code § 31-1502 — Idaho Code / Title 31 / Chapter 15 / Section 31-1502
31-1502 CHECK LIST OF BILLS ALLOWED.
Status: in_force

31-1502. Check list of bills allowed. The board must require their clerk to furnish them with a list of all bills and accounts of every nature, giving the name of each person in whose favor an account or bill has been allowed, with the amount allowed him and out of what fund the same is to be paid. The board must review the list and certify to its correctness. The county treasurer must pay no warrant that does not correspond with said list.

History:

[(31-1502) R.S., sec. 1766; reen. R.C. & C.L., sec. 1943; C.S., sec. 3502; I.C.A., sec. 30-1101; am. and redesig. 1995, ch. 61, sec. 7, p. 136.]
Idaho Code § 31-2408 — Idaho Code / Title 31 / Chapter 24 / Section 31-2408
31-2408 DECREE OF PARTITION — RECORD IMPARTS NOTICE.
Status: in_force

31-2408. Decree of partition — Record imparts notice. Every such certified copy of a decree of partition, from the time of delivery of the same with the recorder for record, imparts notice to all persons of the contents thereof; and subsequent purchasers, mortgagees and lienholders, purchase and take with like notice and effect as if such copy of decree was a duly recorded deed, grant or transfer.

History:

[(31-2408) R.S., sec. 2028; am. and reen. R.C. & C.L., sec. 2067; C.S., sec. 3640; I.C.A., sec. 30-1908; am. 1989, ch. 90, sec. 4, p. 212.]
Idaho Code § 31-4302 — Idaho Code / Title 31 / Chapter 43 / Section 31-4302
31-4302 DECLARATION OF PUBLIC BENEFIT.
Status: in_force

31-4302. Declaration of public benefit. Providing adequate recreation facilities for public use is hereby declared to be a public benefit, use and purpose which enhances the value and quality of life and which materially assists in correcting or eliminating many social ills such as delinquency, crime, excessive use of alcohol, drug abuse and discrimination.

History:

[31-4302, added 1970, ch. 212, sec. 2, p. 599.]
Idaho Code § 31-3201I — Idaho Code / Title 31 / Chapter 32 / Section 31-3201I
31-3201I DISTRIBUTION OF PAYMENTS IN CRIMINAL AND INFRACTION CASES.
Status: in_force

31-3201I. distribution of payments in criminal and infraction cases. When ordered by the court to make one (1) of the following payments in a criminal or infraction case, a defendant shall make the payment to the clerk of the court in which the judgment was entered. The judgment shall be satisfied accordingly by entry in the electronic docket of the court, and the clerk of the court shall remit daily all such payments to the county auditor who shall, at least monthly, distribute the payments received as required by statute. The distributions shall first completely satisfy the amounts due in the following order before distribution of payments for any other amounts owed to the court, and any payment applied to a category below in which more than one (1) payment was ordered shall be distributed in proportion to the relative amounts of such ordered payments:

(1) Fees for each felony, misdemeanor, and infraction paid pursuant to section 31-3201A(2) and (3), Idaho Code;

(2) Fines or reimbursements paid for the crime victims compensation account pursuant to section 72-1025, Idaho Code;

(3) Misdemeanor probation supervision fees, including court-ordered costs and fees, paid pursuant to section 31-3201D, Idaho Code;

(4) Pretrial release supervision fees paid pursuant to section 31-3201J, Idaho Code;

(5) County drug and mental health fund fees paid pursuant to section 31-3201E, Idaho Code;

(6) Fines paid for the peace officer and detention officer temporary disability fund pursuant to section 72-1105, Idaho Code;

(7) Restitution to victims of crime paid and distributed pursuant to section 19-5304, Idaho Code, if paid through the clerk of the court;

(8) Fines entered on behalf of victims in cases of crimes of violence paid pursuant to section 19-5307, Idaho Code;

(9) Community service fees paid pursuant to section 31-3201C, Idaho Code;

(10) Victim notification fund fees paid pursuant to section 31-3204, Idaho Code;

(11) Court technology fees paid pursuant to section 31-3201(5), Idaho Code;

(12) Surcharge fees paid pursuant to section 31-3201H, Idaho Code;

(13) Peace officers standards and training fees paid pursuant to section 31-3201B, Idaho Code;

(14) Domestic violence court fees paid pursuant to section 32-1410, Idaho Code;

(15) Criminal and infraction fines;

(16) Reimbursement for public defender costs paid pursuant to section 19-6011(7), Idaho Code;

(17) Costs of prosecution ordered as a condition of probation and paid pursuant to section 19-2601, Idaho Code, and Idaho criminal rule 33(d)(2);

(18) Domestic violence fines for the domestic violence project account paid pursuant to section 39-6312, Idaho Code;

(19) Drug hotline fees paid pursuant to section 37-2735A, Idaho Code;

(20) Additional fish and game fines for the search and rescue fund paid pursuant to section 36-1405, Idaho Code;

(21) County administrative surcharge fees paid pursuant to section 31-3201(3), Idaho Code;

(22) Motor vehicle violation surcharge fees and ignition interlock and electronic monitoring fees paid pursuant to sections 18-8008 and 18-8010, Idaho Code;

(23) Costs for toxicology testing paid pursuant to section 37-2732C(g), Idaho Code;

(24) Costs incurred by law enforcement agencies in investigating controlled substance violations pursuant to chapter 27, title 37, Idaho Code, violations of the racketeering act pursuant to section 18-7804, Idaho Code, or money laundering and illegal investment provisions of section 18-8201, Idaho Code, paid pursuant to section 37-2732(k), Idaho Code;

(25) Restitution for the repair or replacement of simulated wildlife paid pursuant to section 36-1101(b)(8), Idaho Code;

(26) Abandoned vehicle fees paid pursuant to section 31-3201F, Idaho Code; and

(27) Any other amounts paid pursuant to any statutory section not referenced in this section.

History:

[31-3201I, added 2018, ch. 189, sec. 1, p. 414; am. 2019, ch. 217, sec. 2, p. 657; am. 2020, ch. 130, sec. 1, p. 414; am. 2020, ch. 281, sec. 4, p. 820; am. 2023, ch. 220, sec. 37, p. 684.]
Idaho Code § 31-2410 — Idaho Code / Title 31 / Chapter 24 / Section 31-2410
31-2410 ENDORSEMENT ON INSTRUMENTS.
Status: in_force

31-2410. Endorsement on instruments. When any instrument, paper or notice, authorized by law to be recorded, is deposited in the recorder's office for record, the recorder must endorse upon the same the time when it was received, noting the year, month, day, hour and minute of its reception, and at once enter it in the proper index or approved electronic storage and retrieval system, and must record the same without delay, together with the acknowledgment, proofs and certificates, written upon or annexed to the same, with the plats, surveys, schedule and other papers thereto annexed, in the order and as of the time when the same was received for record, and must note on the instrument the exact time of its reception, and the name of the person at whose request it was recorded.

History:

[(31-2410) 1863, p. 475, sec. 74; R.S., sec. 2030; reen. R.C. & C.L., sec. 2069; C.S., sec. 3642; I.C.A., sec. 30-1910; am. 1988, ch. 5, sec. 1, p. 5; am. 2005, ch. 243, sec. 5, p. 760.]
Idaho Code § 31-3602 — Idaho Code / Title 31 / Chapter 36 / Section 31-3602
31-3602 CREATION OF BOARD.
Status: in_force

31-3602. Creation of board. The board shall meet at the place and time fixed, at which time and place any elector or taxpayer residing within the county may appear and be heard upon the question of whether such hospital board shall be created, and after such hearing, if the board of county commissioners shall then deem it for the best interests of the county that a county hospital board be created, it shall create such board by an order duly adopted and spread upon its minutes.

History:

[31-3602, added 1946 (1st E.S.), ch. 38, sec. 2, p. 75.]
Idaho Code § 31-4331 — Idaho Code / Title 31 / Chapter 43 / Section 31-4331
31-4331 PUBLIC INSPECTION.
Status: in_force

31-4331. Public inspection. Such budget shall be available for public inspection from and after the date of the posting of notices of hearing as in this act provided, at such place and during such business hours as the board may direct.

History:

[I.C., sec. 31-4331, as added by 1973, ch. 83, sec. 3, p. 132.]
Idaho Code § 31-2215 — Idaho Code / Title 31 / Chapter 22 / Section 31-2215
31-2215 SHERIFF IS COURT CRIER.
Status: in_force

31-2215. Sheriff is court crier. The sheriff in attendance upon court may, at the direction of the court, act as the crier thereof, call the parties and witnesses, and all other persons bound to appear at the court, and make proclamation of the opening and adjournment of the court, and of any other matter under its direction.

History:

[(31-2215) 1863, p. 475, sec. 50; R.S., sec. 1884; reen. R.C. & C.L., sec. 2037; C.S., sec. 3609; I.C.A., sec. 30-1715; am. 1988, ch. 229, sec. 3, p. 442.]
Idaho Code § 31-5501 — Idaho Code / Title 31 / Chapter 55 / Section 31-5501
31-5501 FIVE-MEMBER BOARD OF COUNTY COMMISSIONERS.
Status: in_force

31-5501. Five-member board of county commissioners. The form of government provided in this chapter shall consist of an elected board of county commissioners comprised of five (5) members and the other officers specified in the resolution or petition from the choices provided in sections 31-5506 through 31-5511, Idaho Code.

History:

[31-5501, added 1996, ch. 283, sec. 6, p. 936.]
Idaho Code § 31-2225 — Idaho Code / Title 31 / Chapter 22 / Section 31-2225
31-2225 COMPLETION OF PROCESS.
Status: in_force

31-2225. Completion of process. The new or succeeding sheriff must complete the execution of all writs and process delivered to him by his predecessor in office as partially executed, in like manner and with like effect as he might execute writs or process delivered to him in the first place.

History:

[(31-2225) 1863, p. 475, sec. 39; R.S., sec. 1895; reen. R.C. & C.L., sec. 2047; C.S., sec. 3619; am. 1921, ch. 138, sec. 2, p. 323; am. 1923, ch. 19, sec. 1, p. 19; I.C.A., sec. 30-1725.]
Idaho Code § 31-4807 — Idaho Code / Title 31 / Chapter 48 / Section 31-4807
31-4807 RIGHT TO FEE NOT AFFECTED BY NONSERVICE.
Status: in_force

31-4807. Right to fee not affected by nonservice. All governmental entities within the county that have an already established emergency communications system using 911 call access, upon resolution duly adopted and approved and presented to the joint powers board or in their absence to the board of county commissioners, may ask that their existing emergency communication system area be excluded and such area shall be excluded from the county-wide emergency communications service but such exclusion shall not affect the right of the board of county commissioners to levy the fees as herein provided. No city or other agency shall establish an individual emergency communication system once a county-wide system as provided in this chapter has been adopted by the board of county commissioners. Whenever an area is excluded pursuant to this section, the board of county commissioners shall remit to the excluded entity one hundred percent (100%) of the fees collected in the excluded area as provided pursuant to this chapter. Any area excluded pursuant to this section may be subsequently included upon resolution duly adopted and approved and presented to the joint powers board or, in their absence, to the board of county commissioners.

History:

[31-4807, added 1988, ch. 348, sec. 1, p. 1029.]
Idaho Code § 31-3201G — Idaho Code / Title 31 / Chapter 32 / Section 31-3201G
31-3201G GUARDIANSHIP AND CONSERVATORSHIP PROJECT FUND.
Status: in_force

31-3201G. guardianship and conservatorship project FUND. [effective until January 1, 2027] (1) In addition to any other filing and reporting fees applicable to guardianships and conservatorships, the court shall charge the following fees:

(a) Fifty dollars ($50.00) for filing cases involving guardianships or conservatorships;

(b) Forty-one dollars ($41.00) for reports required to be filed with the court by conservators; and

(c) Twenty-five dollars ($25.00) for reports required to be filed with the court by guardians.

(2) The additional fees set forth in paragraphs (a), (b) and (c) of subsection (1) of this section shall be paid to the county treasurer, who shall pay such fees to the state treasurer for deposit in the guardianship and conservatorship project fund, which is hereby created in the state treasury. The fund shall be administered by the Idaho supreme court and shall consist of fees as provided in this section, any moneys recovered pursuant to section 15-5-314(2), Idaho Code, and any funds as may be appropriated by the legislature, grants, donations and moneys from other sources.

(3) Moneys in the fund shall be expended exclusively for the development of a project which shall be designed to improve reporting and monitoring systems and processes for the protection of persons and their assets where a guardian or conservator has been appointed. Elements of the project may include, but are not limited to, the following:

(a) The adoption of standards of practice for guardians;

(b) A requirement that guardians be registered;

(c) Consideration of an office of the public guardian in counties in which the project operates;

(d) A review of the strengths of Idaho law regarding the treatment and care of developmentally disabled persons; and

(e) If federal or grant funding is available, funding for adult protection services to seek guardians in cases for which volunteers cannot be enlisted.

(4) The supreme court shall report annually to the senate judiciary and rules committee and the house judiciary, rules and administration committee regarding the progress of the project.

31-3201G. guardianship and conservatorship project FUND. [effective January 1, 2027] (1) In addition to any other filing and reporting fees applicable to guardianships and conservatorships, the court shall charge the following fees:

(a) Fifty dollars ($50.00) for filing cases involving guardianships or conservatorships;

(b) Forty-one dollars ($41.00) for reports required to be filed with the court by conservators; and

(c) Twenty-five dollars ($25.00) for reports required to be filed with the court by guardians.

(2) The additional fees set forth in paragraphs (a), (b) and (c) of subsection (1) of this section shall be paid to the county treasurer, who shall pay such fees to the state treasurer for deposit in the guardianship and conservatorship project fund, which is hereby created in the state treasury. The fund shall be administered by the Idaho supreme court and shall consist of fees as provided in this section and any funds as may be appropriated by the legislature, grants, donations and moneys from other sources.

(3) Moneys in the fund shall be expended exclusively for the development of a project which shall be designed to improve reporting and monitoring systems and processes for the protection of persons and their assets where a guardian or conservator has been appointed. Elements of the project may include, but are not limited to, the following:

(a) The adoption of standards of practice for guardians;

(b) A requirement that guardians be registered;

(c) Consideration of an office of the public guardian in counties in which the project operates;

(d) A review of the strengths of Idaho law regarding the treatment and care of developmentally disabled persons; and

(e) If federal or grant funding is available, funding for adult protection services to seek guardians in cases for which volunteers cannot be enlisted.

(4) The supreme court shall report annually to the senate judiciary and rules committee and the house judiciary, rules and administration committee regarding the progress of the project.

History:

[31-3201G, added 2005, ch. 55, sec. 1, p. 209; am. 2014, ch. 164, sec. 6, p. 464; am. 2026, ch. 79, sec. 24, p. 416.]