Idaho Code § 31-3201C — Idaho Code / Title 31 / Chapter 32 / Section 31-3201C
31-3201C COMMUNITY SERVICE FEE.
Status: in_force

31-3201C. Community service fee. The court shall charge a fee of sixty cents (60¢) per hour of community service to be remitted to the state insurance fund for purposes of providing worker's compensation insurance for persons performing community service; however, if a county is self-insured and provides worker's compensation insurance for persons performing community service, then remittance to the state insurance fund is not required. This per hour fee shall be paid by each person found guilty of any felony or misdemeanor and community service is provided as part of the sanction or as a condition of a withheld judgment or probation. The court may waive such fee if it determines the person is indigent and unable to pay such fee. Such fees shall be in addition to all other fines and fees levied. Such fees shall be paid to the district court and deposited in the county treasury for payment to the state insurance fund.

History:

[31-3201C, added 1994, ch. 233, sec. 1, p. 725; am. 2000, ch. 33, sec. 1, p. 61; am. 2009, ch. 154, sec. 3, p. 452.]
Idaho Code § 31-4226 — Idaho Code / Title 31 / Chapter 42 / Section 31-4226
31-4226 INCONSISTENT PROVISIONS OF OTHER LAWS.
Status: in_force

31-4226. Inconsistent provisions of other laws. Insofar as the provisions of this act are inconsistent with the provisions of any other law, the provisions of this act shall be controlling.

History:

[31-4226, added 1970, ch. 211, sec. 27, p. 584.]
Idaho Code § 31-111 — Idaho Code / Title 31 / Chapter 1 / Section 31-111
31-111 BONNER COUNTY.
Status: in_force

31-111. Bonner county. Bonner county is described as follows: beginning at a point where the township line between townships fifty-three (53) and fifty-four (54) north intersects the boundary line between the state of Idaho and the state of Washington;

Southern boundary. Thence east on said township line between townships fifty-three (53) and fifty-four (54) north, to the northeast corner of township fifty-three (53) north, range three (3) west; thence north on the range line between sections thirty-six (36) and thirty-one (31), to the northeast corner of section thirty-six (36), township fifty-four (54) north, range three (3) west; thence east six (6) miles to the northeast corner of section thirty-six (36), township fifty-four (54) north, range two (2) west; thence south along the range line between ranges one (1) and two (2) west, to the southwest corner of township fifty-three (53) north, range one (1) west; thence east on the township line between townships fifty-two (52) and fifty-three (53) north, to the northeast corner of section four (4), township fifty-two (52) north, range one (1) east, being the northeast corner of Kootenai county with Shoshone county to the east and Bonner county to the north;

Thence east on said township line approximately 32.24 chains (2,128 feet) to the south quarter corner of section thirty-four (34), township fifty-three (53) north, range one (1) east, being the southeast corner of Bonner county with Shoshone county to the south and east;

Thence north along the west boundary line of Shoshone county to the northwest corner thereof; thence in an easterly direction along the summit of the Coeur d'Alene range of mountains to the west line of the state of Montana;

Eastern boundary. Thence north along the boundary line between the state of Idaho and the state of Montana (R.C., section 23g) to a point where the south line of township sixty (60) north of range three (3) east intersects the boundary line between the state of Idaho and the state of Montana;

Northern boundary. Thence west along said south line of township sixty (60) through ranges three (3), two (2), and one (1) east, and ranges one (1), two (2), and three (3) west, to the southwest corner of township sixty (60) north, range three (3) west; thence north along the range line between ranges three (3) and four (4) west, to the point where the north line of township sixty-three (63) north, intersects the range line between ranges three (3) and four (4) west; thence west along the said north line of township sixty-three (63) north, ranges four (4) and five (5) west, to a point on the state line between the states of Idaho and Washington where the same is intersected by the said north line of township sixty-three (63) north, range five (5) west (1915, ch. 7, section 2, p. 21);

Western boundary. Thence south along the boundary line between the state of Idaho and the state of Washington to the place of beginning (R.C., section 23g).

County seat–Sandpoint.

History:

[(31-111) Compiled and reen. C.L. 3:11; C.S., sec. 15; I.C.A., sec. 30-111; am. 2024, ch. 222, sec. 2, p. 779.]
Idaho Code § 31-1613 — Idaho Code / Title 31 / Chapter 16 / Section 31-1613
31-1613 SEPARABILITY.
Status: in_force

31-1613. Separability. If any section, subsection, sentence, clause or phrase of this act is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act.

History:

[(31-1613) 1931, ch. 122, sec. 13, p. 210; I.C.A., sec. 30-1213.]
Idaho Code § 31-2607 — Idaho Code / Title 31 / Chapter 26 / Section 31-2607
31-2607 ADVISER OF COUNTY COMMISSIONERS.
Status: in_force

31-2607. Adviser of county commissioners. The prosecuting attorney is the legal adviser of the board of commissioners; he must attend their meetings when required, and must attend and oppose all claims and accounts against the county when he deems them unjust or illegal.

History:

[(31-2607) 1897, p. 74, sec. 7; reen. 1899, p. 24, sec. 6; am. and reen. R.C. & C.L., sec. 2085; C.S., sec. 3658; I.C.A., sec. 30-2107.]
Idaho Code § 31-137 — Idaho Code / Title 31 / Chapter 1 / Section 31-137
31-137 NEZ PERCE COUNTY.
Status: in_force

31-137. Nez Perce county. Nez Perce county is described as follows: beginning at the northwest corner of section twenty-two (22), township thirty-eight (38) north, range one (1) west;

Eastern boundary. 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 (1911, ch. 24, section 2, p. 50); thence down the center of the channel of Little Canyon creek to a point where the same empties into Big Canyon creek; thence up the center of the channel of Big Canyon creek to a point where the same crosses the township line between townships thirty-four (34) and thirty-five (35) north; thence west on said township line to a point where the same crosses Mission creek; thence up the middle of the channel of Mission creek to a point where the same crosses the township line between townships thirty-three (33) and thirty-four (34) north; thence west on said township line to the northeast corner of section four (4), township thirty-three (33) north, range three (3) west; thence south on section lines to the center of the channel of Salmon river (1911, ch. 37, section 2, pp. 77, 78);

Southern boundary. Thence down the middle of the channel of Salmon river to a point in the middle of the channel of Snake river opposite the junction of Salmon river;

Western boundary. Thence northerly along the boundary line between the state of Idaho and the state of Washington to the point where said boundary line is intersected by the middle line of township thirty-seven (37) north;

Northern boundary. Thence east to a point where the Big Potlatch creek intersects with the said middle line of township thirty-seven (37) north; being at the northwest corner of Section 21, T.37N., R.3W. B.M., which corner is marked by a Brass Cap Monument lying east 1845.18 feet from said corner; thence east 1482.82 feet along the north line of said Section 21 to the centerline of Potlatch river, being the point of beginning of said county line; thence continue northerly along the centerline of said Potlatch river the following courses: N.21°36'07"E. 183.18 feet; thence N.34°16'41"E. 1198.35 feet; thence N.13°03'47"W. 296.08 feet; thence N.33°13'49"E. 576.62 feet; thence N.22°07'05"E. 1097.33 feet; thence N.67°00'39"W. 464.34 feet; thence N.12°45'28"W. 367.96 feet; thence N.21°50'14"E. 385.38 feet; thence N.57°36'12"E. 456.93 feet; thence N.27°52'57"E. 661.93 feet; thence N.15°20'14"E. 272.28 feet; thence N.5°04'43"E. 488.49 feet to a point that is west 983.97 feet and N.5°04'43"E. 80.67 feet from the corner common to Sections 9, 10, 15, and 16, T.37N., R.3W. B.M., being marked by a 5/8" iron pin set in a mound of stone by James W. Grow, R.L.S. #749, and by a Brass Cap Monument set 1136.66 feet west of said Section corner; thence continue along the centerline of Potlatch river N.31°52'33"E. 896.41 feet; thence N.21°02'12"E. 343.00 feet; thence N.10°36'14"E. 654.11 feet; thence N.18°33'57"E. 902.43 feet; thence N.18°47'37"W. 514.74 feet; thence N.33°23'33"E. 1343.54 feet; thence N.11°10'52"E. 528.81 feet; thence N.2°06'09"W. 317.10 feet to a point which is east 662.51 feet and N.2°06'09"W. 8.57 feet from the corner common to Sections 3, 4, 9 and 10, T.37N., R.3W. B.M., which corner is marked by a Brass Cap Monument set 1556.70 feet east of said corner set by James W. Grow, R.L.S. #749; thence continue along the centerline of Potlatch river N.10°27'38"W. 755.37 feet; thence N.15°45'00"E. 732.84 feet; thence N.31°23'33"E. 1307.49 feet; thence N.52°26'42"E. 474.82 feet; thence N.10°47'35"E. 233.84 feet; thence N.2°55'30"W. 1395.50 feet; thence N.30°42'01"E. 840.83 feet; thence N.37°18'55"E. 820.62 feet; thence S.85°46'49'E. 1140.68 feet; thence N.63°14'18"E. 784.25 feet; thence N.65°55'57"E. 647.97 feet; thence N.82°19'22"E. 333.65 feet; thence N.69°39'54"E. 343.03 feet; thence N.54°22'07"E. 56.90 feet; thence N.38°21'12"E. 690.57 feet; thence N.3°38'57"E. 618.32 feet; thence N.30°26'40"E. 397.99 feet; thence N.28°34'42"E. 740.46 feet; thence N.7°36'44"E. 869.85 feet; thence N.44°33'29"E. 950.95 feet to a point on the north line of Section 35, T.38N., R.3W. B.M., being the point of terminus of said county line. Said point being west 2811.24 feet from the northeast corner of said Section 35, which is marked by a Brass Cap Monument set 3091.98 feet west of said corner, being set by James W. Grow, R.L.S. #749.

County seat–Lewiston.

History:

[(31-137) Compiled and reen. C.L. 3:34; C.S., sec. 41; I.C.A., sec. 30-137; am. 1978, ch. 248, sec. 2, p. 545.]
Idaho Code § 31-1508 — Idaho Code / Title 31 / Chapter 15 / Section 31-1508
31-1508 TRANSFER OF MONEYS — ORDER OF PAYMENT.
Status: in_force

31-1508. Transfer of moneys — Order of payment. The board must not transfer any money from one fund to another nor in any manner divert the money in any fund to other uses, except in cases expressly provided and permitted by law: provided, that when any money shall have been assessed and collected in any of the counties of this state, and the same set apart as a separate fund, for special purpose, and from any cause the money in said fund shall have become inoperative for the purpose for which said fund was created, it shall be lawful for the board of county commissioners in such cases to transfer the money in said fund to such fund as the board of county commissioners may deem best. No transfer of money from one (1) county fund to another county fund shall be made upon the books of the county auditor and county treasurer unless the same is so authorized and so ordered by resolution of the board entered upon the records of its proceedings and certified copies of such resolution filed in the office of the county auditor and county treasurer.

The board shall not make any preferred creditor, nor cause any warrant to be drawn payable out of its order except on the order of the district court in cases provided by law, and the county treasurer shall in all things observe these instructions.

History:

[(31-1508) 1868, p. 100, sec. 10; R.S., sec. 1767; reen. R.C. & C.L., sec. 1944; C.S., sec. 3503; I.C.A., sec. 30-1102; am. 1989, ch. 10, sec. 1, p. 12; am. and redesig. 1995, ch. 61, sec. 13, p. 138; am. 1996, ch. 322, sec. 12, p. 1040.]
Idaho Code § 31-3710 — Idaho Code / Title 31 / Chapter 37 / Section 31-3710
31-3710 FINANCIAL REPORTS.
Status: in_force

31-3710. Financial reports. The treasurer of every such hospital board shall make an annual financial report and accounting to the board of county commissioners and the city council owning and/or operating such hospital, within thirty (30) days after the acceptance of the annual hospital audit after the close of the fiscal year, which report shall show all moneys received and the source thereof, and all moneys paid out and the purpose thereof, during the period covered by the report, together with the balances remaining on hand and the amount, if any, of the unpaid obligations. The board of every such hospital shall also prepare in its regular course of business unaudited monthly financial reports reflecting the financial operations of the hospital. Every such hospital board shall provide a copy of those monthly reports to the respective governing bodies of such municipality and county.

History:

[31-3710, added 1935, ch. 125, sec. 7, p. 293; am. 1982, ch. 348, sec. 2, p. 863.]
Idaho Code § 31-3201E — Idaho Code / Title 31 / Chapter 32 / Section 31-3201E
31-3201E DRUG COURT AND MENTAL HEALTH COURT FEE — DRUG COURT AND MENTAL HEALTH COURT FUND.
Status: in_force

31-3201E. Drug court and mental health court fee — Drug court and mental health court fund. Each person admitted into a drug court or mental health court shall pay a drug court and mental health court fee in an amount not to exceed three hundred dollars ($300) per month or a lesser amount as set by the administrative district judge for participants in the drug court and mental health court. For good cause, the judge presiding over a drug court or mental health court may exempt a participant from paying all or a portion of the drug court and mental health court fee. The fee imposed under this section shall be paid to the clerk of the district court for deposit into the county drug court and mental health court fund which is hereby created in each county that has a drug court or mental health court. Moneys in this fund may be accumulated from year to year and shall be expended exclusively for expenses incurred in connection with the drug court or mental health court including, but not limited to, substance abuse treatment, mental health treatment, drug testing, supervision and private counseling services utilized by the drug court or mental health court. Any failure to pay the drug court and mental health court fee may constitute grounds for termination from drug court or mental health court by the court, provided this shall not be the exclusive remedy for collection of the fee. If a participant is terminated from the drug court or mental health court prior to successful completion of the program and a judgment of conviction is entered against the defendant, any unpaid drug court and mental health court fee shall be ordered by the court in the judgment of conviction, provided the court may order such fee to be waived if the court determines that the person is indigent and unable to pay the fee. Such fee shall be in addition to all other fines and fees levied, and the payment of such fee may also be ordered as a term and condition of probation.

History:

[31-3201E, added 2001, ch. 337, sec. 2, p. 1198; am. 2004, ch. 249, sec. 1, p. 715; am. 2005, ch. 358, sec. 9, p. 1132.]
Idaho Code § 31-862 — Idaho Code / Title 31 / Chapter 8 / Section 31-862
31-862 AUTHORIZING SPECIAL TAX TO BE USED SOLELY AND EXCLUSIVELY FOR PREVENTIVE HEALTH SERVICES.
Status: in_force

31-862. Authorizing special tax to be used solely and exclusively for preventive health services. The board of county commissioners is hereby authorized to levy a special tax not to exceed four hundredths per cent (.04%) of market value for assessment purposes of all taxable property in the county, above the statutory limitation, to be expended solely and exclusively for preventive health services by county or district boards of health.

History:

[31-862, added 1949, ch. 208, sec. 1, p. 443; am. 1967, ch. 219, sec. 1, p. 665; am. 1970, ch. 49, sec. 1, p. 102; am. 1989, ch. 73, sec. 27, p. 127.]
Idaho Code § 31-3201F — Idaho Code / Title 31 / Chapter 32 / Section 31-3201F
31-3201F ABANDONED VEHICLE FEE.
Status: in_force

31-3201F. Abandoned vehicle fee. The court shall charge a fee of one hundred fifty dollars ($150) for reimbursement of expenses incurred in the disposition of an abandoned vehicle to be paid by each person found to have committed a traffic infraction according to the provisions of section 49-1802, Idaho Code. Such fees shall be in addition to all other fines and fees levied. Such fees shall be paid to the county treasurer who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit to the abandoned vehicle trust account. Each fee shall be accompanied by a record of the conviction.

History:

[31-3201F, added 2002, ch. 366, sec. 1, p. 1033.]
Idaho Code § 31-4801 — Idaho Code / Title 31 / Chapter 48 / Section 31-4801
31-4801 PURPOSE.
Status: in_force

31-4801. Purpose. The legislature recognizes that providing consolidated emergency communications systems and interoperable public safety communications and data systems is vital in enhancing the public health, safety, and welfare of the people in the state of Idaho. The legislature further finds that there is an obvious need for providing a means to finance the initiation, maintenance, operation, enhancement and governance of interoperable and consolidated emergency communications systems.

(1) The legislature of the state of Idaho finds that:

(a) Since the original enactment of the emergency communications act in 1988, many of Idaho's communities have found that they are lacking in the resources to fully fund emergency communications systems at the local level;

(b) Changes in technology and the rapid growth of communications media have demonstrated that financing such systems solely by a line charge on subscribers to wireline services does not reflect utilization of emergency communications systems by subscribers to wireless and other forms of communications systems;

(c) There is a need to enhance funding for the initiation and enhancement of consolidated emergency communications systems throughout the state;

(d) Utilization of cellular telephones and voice over internet protocol (VoIP) communications to access emergency communications systems has substantially increased citizen access to emergency services while at the same time increasing demands upon the emergency response system;

(e) In order to protect and promote the public health and safety, and to keep pace with advances in telecommunications technology and the various choices of telecommunications technology available to the public, there is a need to plan and develop a statewide coordinated policy and program to ensure that enhanced 911 services, next generation 911 services, and future and emerging public safety technologies are available to all citizens of the state and people in all areas of the state.

(2) Therefore, it is hereby declared that the intent and purpose of the provisions of this act are to:

(a) Provide authority to counties and 911 service areas to impose an emergency communications fee on the use of telephone lines, wireless, VoIP or other communications services that connect an individual or entity dialing or accessing 911 to an established public safety answering point;

(b) Provide that the emergency communications fee in section 31-4803, Idaho Code, shall be exclusively utilized by the counties or 911 service areas electing to impose it to finance the initiation, maintenance, operation, enhancement and governance of consolidated emergency systems as well as enhanced consolidated emergency systems or next generation consolidated emergency systems;

(c) Provide for the agreed-to reimbursement to telecommunications providers for their implementation of enhanced consolidated emergency communications systems by counties or 911 service areas that have implemented enhanced consolidated emergency communications systems;

(d) Create the Idaho public safety communications commission that will have the duty to provide the governance structure through which public safety communications stakeholders can collaborate to advance consistency and common objectives, to provide integrated facilitation and coordination for cross-jurisdictional consensus building, to assist in the standardization of agreements for sharing resources among jurisdictions with emergency response communications infrastructure, to suggest best practices, performance measures and performance evaluation in the integrated statewide strategic planning and implementation of interoperability among public safety communications professionals and entities that serve people in Idaho regardless of jurisdiction, to manage the Idaho public safety interoperable communications and data systems fund as established by section 31-4820, Idaho Code, and to pursue budget authorizations as set forth in this chapter.

History:

[31-4801, added 1988, ch. 348, sec. 1, p. 1027; am. 1990, ch. 200, sec. 1, p. 449; am. 2003, ch. 290, sec. 1, p. 785; am. 2003, ch. 311, sec. 1, p. 853; am. 2004, ch. 325, sec. 1, p. 973; am. 2007, ch. 340, sec. 1, p. 995; am. 2016, ch. 127, sec. 1, p. 364.]
Idaho Code § 31-4509 — Idaho Code / Title 31 / Chapter 45 / Section 31-4509
31-4509 CONVEYANCE OF TITLE TO LESSEE.
Status: in_force

31-4509. Conveyance of title to lessee. At or prior to the time the principal of and interest on any revenue bonds issued hereunder to provide a particular pollution control facility have been fully paid, the county may execute such deeds and conveyances as are necessary and required to convey its right, title and interest in such pollution control facilities to any person, provided that if such conveyance is made prior to when the revenue bonds are fully paid, the county has determined that adequate provision has been made for the payment of principal and interest on the bonds as they become due.

History:

[31-4509, added 1975, ch. 52, sec. 9, p. 105.]
Idaho Code § 31-2801 — Idaho Code / Title 31 / Chapter 28 / Section 31-2801
31-2801 INQUESTS.
Status: in_force

31-2801. Inquests. The coroner must hold inquests as prescribed in the Penal Code.

History:

[(31-2801) R.S., sec. 2080; reen. R.C. & C.L., sec. 2096; C.S., sec. 3675; I.C.A., sec. 30-2301.]
Idaho Code § 31-502 — Idaho Code / Title 31 / Chapter 5 / Section 31-502
31-502 GENERAL COUNTY BONDING PROVISIONS APPLICABLE.
Status: in_force

31-502. General county bonding provisions applicable. All such bonds shall conform to, and provisions be made for their payment in accordance with the provisions of sections 3519, 3522, 3524 and 3526 of the Compiled Statutes of Idaho.

History:

[(31-502) 1915, ch. 20, part of sec. 1, p. 72; reen. C.L. 146:2; C.S., sec. 3760; I.C.A., sec. 30-402.]
Idaho Code § 31-1802 — Idaho Code / Title 31 / Chapter 18 / Section 31-1802
31-1802 SHERIFF'S REVOLVING EXPENSE FUND.
Status: in_force

31-1802. Sheriff's revolving expense fund. There shall be set aside by the board of county commissioners of each county upon the request of the sheriff thereof by order entered in their minutes a sum not exceeding ten thousand dollars ($10,000), to be known as the "Sheriff's Revolving Expense Fund," in this chapter referred to as the fund, out of which fund any warrants drawn under the provision of this chapter shall be paid. The amount set aside for such fund shall be charged by the auditor against the sheriff and the board of county commissioners may require of the sheriff, a bond, in addition to his official bond, in such sum as the board may determine, to secure the repayment of such sum or sums withdrawn. The fund so set aside shall remain in the county treasury subject to withdrawal and reimbursement as herein provided.

History:

[(31-1802) 1921, ch. 228, sec. 2, p. 516; I.C.A., sec. 30-1302; am. 1989, ch. 44, sec. 2, p. 57; am. 2003, ch. 40, sec. 3, p. 161.]
Idaho Code § 31-3611 — Idaho Code / Title 31 / Chapter 36 / Section 31-3611
31-3611 RULES AND REGULATIONS OPEN TO INSPECTION — CERTIFIED COPIES — PERSONS CHARGEABLE WITH KNOWLEDGE.
Status: in_force

31-3611. Rules and regulations open to inspection — Certified copies — Persons chargeable with knowledge. All rules and regulations for the operation of the hospital property which are in effect shall be kept on file in the office of the secretary of the county hospital board, and shall be open to the inspection of any person at any time during regular business hours. Copies certified as full, true and correct shall be furnished to any person upon payment of such fee as may be fixed by the county hospital board. Every officer and employee of the hospital, and every member of the staff of physicians and surgeons shall be responsible for knowledge of and full compliance with such rules and regulations.

History:

[31-3611, added 1946 (1st E.S.), ch. 38, sec. 11, p. 75.]
Idaho Code § 31-828 — Idaho Code / Title 31 / Chapter 8 / Section 31-828
31-828 GENERAL AND INCIDENTAL POWERS AND DUTIES.
Status: in_force

31-828. General and incidental powers and duties. To do and perform all other acts and things required by law not in this title enumerated, or which may be necessary to the full discharge of the duties of the chief executive authority of the county government.

History:

[(31-828) R.S., sec. 1759; R.C., sec. 1917v, as added by 1913, ch. 143, sec. 2, p. 508; reen. C.L., sec. 1918a; C.S., sec. 3443; I.C.A., sec. 30-734.]
Idaho Code § 31-3201B — Idaho Code / Title 31 / Chapter 32 / Section 31-3201B
31-3201B PEACE OFFICERS STANDARDS AND TRAINING — FEE.
Status: in_force

31-3201B. Peace officers standards and training — Fee. The court shall charge a fee of fifteen dollars ($15.00) for peace officers standards and training purposes to be paid by each person found guilty of any felony or misdemeanor, or found to have committed an infraction or any minor traffic, conservation or ordinance violation, except for cars unlawfully left or parked or when the court orders such fee waived because the person is indigent and unable to pay such fee; provided, however, that the judge or magistrate may in his discretion consolidate separate nonmoving traffic offenses into one (1) offense for purposes of assessing such fee. Such fees shall be in addition to all other fines and fees levied. Such fees shall be paid to the county treasurer who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the peace officers standards and training fund.

History:

[31-3201B, added 1983, ch. 117, sec. 3, p. 261; am. 1989, ch. 84, sec. 1, p. 145; am. 1994, ch. 193, sec. 1, p. 623; am. 2005, ch. 114, sec. 3, p. 371; am. 2012, ch. 159, sec. 1, p. 435; am. 2023, ch. 78, sec. 5, p. 266.]
Idaho Code § 31-864 — Idaho Code / Title 31 / Chapter 8 / Section 31-864
31-864 HISTORICAL SOCIETIES AND MUSEUMS — SUPPORT BY COUNTY.
Status: in_force

31-864. Historical societies and museums — Support by county. (1) The board of county commissioners of any county may expend annually such amounts as necessary for the support of county or local historical societies which are incorporated as Idaho nonprofit corporations and which operate primarily within the county, or for the support of museums or of historical restoration projects within the county undertaken or operated by Idaho nonprofit organizations, or for the marking and development of historic sites by Idaho nonprofit corporations. For the purposes of this section, the board of county commissioners of any county is authorized and empowered to levy not more than twelve one-thousandths percent (.012%) on each dollar of market value for assessment purposes of taxable property within the county.

(2) Before money is granted under this section, the directors of such nonprofit corporations shall present to the county commissioners a proposed budget which shall indicate anticipated revenues and expenditures of the nonprofit corporation (including the sums requested from the county), and shall indicate the purposes of the proposed expenditures. The board of county commissioners may require an audit of the accounts and financial records of any such nonprofit corporations receiving county funds.

History:

[31-864, added 1961, ch. 76, sec. 2, p. 103; am. 1969, ch. 240, sec. 1, p. 757; am. 1973, ch. 94, sec. 1, p. 162; am. 1978, ch. 184, sec. l, p. 416; am. 1988, ch. 200, sec. 1, p. 378; am. 1989, ch. 74, sec. 7, p. 130.]
Idaho Code § 31-4328 — Idaho Code / Title 31 / Chapter 43 / Section 31-4328
31-4328 RECREATION FACILITIES RESERVE FUND ELECTION.
Status: in_force

31-4328. Recreation facilities reserve fund election. In any recreation district in which a recreation facilities reserve fund has been created, the board may submit to the qualified electors of the district, the question of applying the levy of six hundredths percent (.06%) of the market value for assessment purposes on all taxable property in a district or ten (10) mills in a district created pursuant to section 31-4304A, Idaho Code, authorized in section 31-4318, Idaho Code, or a portion thereof, to the credit of the recreation facilities reserve fund.

The notice of such election shall state the number of mills proposed to be levied, the period of years in each of which the levy is proposed to be made, and the purposes for which such funds shall be used. Said notice shall be given, the election shall be conducted and the returns canvassed as provided in sections 31-4323 through 31-4326, Idaho Code, and the levy shall be approved only if a majority, in the amount which is now, or may hereafter be, set by the constitution of the state of Idaho for approval of indebtedness, if the qualified voters vote in favor.

If the question be approved, the board may make a levy in each year according to the terms so approved, and may again submit the question at the expiration of the period of such levy, for the number of mills and the number of years which the board may at that time determine, or, during the period approved at any such election, if such period be less than ten (10) years or the number of mills be less than three (3), the board may submit to the qualified electors in the same manner as before, the question whether the number of years, or the number of mills, or both, be increased, but not to exceed the maximum herein authorized. If such increase or increases be approved by the electors, the terms of such levy shall be in lieu of those approved in the first instance, but disapproval shall not affect any terms theretofore in effect.

History:

[I.C., sec. 31-4328, as added by 1971, ch. 71, sec. 7, p. 161; am. 1995, ch. 82, sec. 9, p. 223; am. 1995, ch. 353, sec. 8, p. 1197.]
Idaho Code § 31-1505 — Idaho Code / Title 31 / Chapter 15 / Section 31-1505
31-1505 PARTIAL ALLOWANCE AND RECONSIDERATION.
Status: in_force

31-1505. Partial allowance and reconsideration. When the board finds that any claim presented is not payable by the county, or is not a proper county charge, it must be rejected. If they find it to be a proper county charge, but greater in amount than is justly due, the board may allow the claim in part and draw a warrant for the portion allowed, on the claimant filing a receipt in full for his account. If the claimant is unwilling to receive such amount in full payment, the claim may be again considered at the next regular succeeding session of the board, but not afterward.

History:

[(31-1505) R.S., sec. 1775; reen. R.C. & C.L., sec. 1949; C.S., sec. 3508; I.C.A., sec. 30-1107; am. and redesig. 1995, ch. 61, sec. 10, p. 137.]
Idaho Code § 31-1429 — Idaho Code / Title 31 / Chapter 14 / Section 31-1429
31-1429 INCLUSION, ANNEXATION OR WITHDRAWAL OF AREA IN CITIES.
Status: in_force

31-1429. Inclusion, annexation or withdrawal of area in cities. Except as otherwise provided in section 50-224, Idaho Code, any area embraced within the limits of any city may, with the consent of the governing boards of such city and the respective fire protection district, expressed by ordinance or resolution, be included within the limits of a fire protection district, when formed, or be subsequently annexed thereto. Any area in any city embraced within the limits of a fire protection district, shall, upon the consent of the governing boards of such city and fire protection district, expressed by ordinance or resolution, be withdrawn from such fire district.

History:

[31-1429, added 1943, ch. 161, sec. 29, p. 324; am. 1949, ch. 82, sec. 1, p. 144; am. 1984, ch. 202, sec. 6, p. 497; am. 1996, ch. 360, sec. 8, p. 1215; am. 2006, ch. 318, sec. 28, p. 1008.]
Idaho Code § 31-3201 — Idaho Code / Title 31 / Chapter 32 / Section 31-3201
31-3201 CLERK OF DISTRICT COURT — FEES.
Status: in_force

31-3201. Clerk of district court — Fees. (1) The clerk of the district court shall lawfully charge, demand and receive the following fees for services rendered by him in discharging the duties imposed upon him by law:

For filing and docketing abstract or transcript of judgment from another court

For issuing execution upon an abstract or transcript of judgment and filing same on return

For recording execution issued upon abstract or transcript of judgment, per page

For taking affidavits, including jurat

For taking acknowledgments, including seal

For filing and indexing designation of agent of foreign corporation

.

For filing and indexing notarial statement

For making copy of any file or record, per page

For comparing and conforming a prepared copy of any file or record, per page

For certifying the same an additional fee for certificate and seal

.

For all services not herein enumerated, and of him lawfully required, the clerk of the district court shall demand and receive such fees as are herein allowed for similar services.

(2) All fees collected under the provisions of this section shall be paid over to the county treasurer at the same time and in the same manner as other fees.

(3) In addition to all other fines, forfeitures and costs levied by the court, the clerk of the district court shall collect ten dollars ($10.00) as an administrative surcharge fee on each criminal case, including an infraction under section 18-8001 or 49-301, Idaho Code, a first-time infraction under section 23-604 or 23-949, Idaho Code, and five dollars ($5.00) on other infractions to be paid over to the county treasurer at the same time and in the same manner as other fees, for the support of the county justice fund, or the current expense fund if no county justice fund has been established, and shall collect ten dollars ($10.00) as an administrative surcharge fee on each civil case, including each appeal, to be paid over to the county treasurer for the support of the county court facilities fund, or to the district court fund if no county court facilities fund has been established.

(4) Provided further, an additional handling fee of two dollars ($2.00) shall be imposed on each monthly installment of criminal or infraction fines, forfeitures, and other costs paid on a monthly basis.

(5) Provided further, in addition to all other fines, forfeitures and costs levied by the court, the clerk of the district court shall collect ten dollars ($10.00) as a court technology fee on each criminal and infraction offense to be paid over to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fee to the state treasurer for deposit into the court technology fund.

History:

[(31-3201) 1890-1891, p. 174, sec. 1; reen. 1899, p. 116, sec. 1; am. R.C., sec. 2121; am. 1909, p. 22, sec. 1; am. 1917, ch. 36, sec. 5, p. 83; compiled and reen. C.L., sec. 2121; C.S., sec. 3702; am. 1931, ch. 217, sec. 1, p. 422; I.C.A., sec. 30-2701; am. 1937, ch. 88, sec. 2, p. 117; am. 1957, ch. 242, sec. 1, p. 602; am. 1963, ch. 169, sec. 1, p. 489; am. 1969, ch. 139, sec. 1, p. 427; am. 1976, ch. 281, sec. 2, p. 962; am. 1979, ch. 219, sec. 1, p. 608; am. 1986, ch. 103, sec. 1, p. 290; am. 1990, ch. 216, sec. 2, p. 581; am. 1994, ch. 208, sec. 2, p. 657; am. 1997, ch. 28, sec. 2, p. 49; am. 1997, ch. 227, sec. 1, p. 664; am. 2005, ch. 240, sec. 2, p. 744; am. 2014, ch. 190, sec. 5, p. 508; am. 2016, ch. 344, sec. 6, p. 990; am. 2018, ch. 298, sec. 5, p. 708; am. 2022, ch. 21, sec. 1, p. 48.]
Idaho Code § 31-4215 — Idaho Code / Title 31 / Chapter 42 / Section 31-4215
31-4215 HOUSING PROJECTS SUBJECT TO PLANNING, ZONING, SANITARY AND BUILDING LAWS.
Status: in_force

31-4215. Housing projects subject to planning, zoning, sanitary and building laws. All housing projects of an authority shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality of any housing project and an authority shall take into consideration the relationship of the project to any larger plan or long-range program for the development of the area in which the housing authority functions.

History:

[31-4215, added 1970, ch. 211, sec. 15, p. 584.]
Idaho Code § 31-1421 — Idaho Code / Title 31 / Chapter 14 / Section 31-1421
31-1421 COMPENSATION AND BENEFITS — EXPENSES — LIABILITY.
Status: in_force

31-1421. Compensation and benefits — Expenses — Liability. (1) Fire protection district commissioners may receive reasonable compensation for their services as commissioners. The fire protection board shall fix commissioner benefits and compensation for the fiscal year. Compensation for performing district business shall not exceed one hundred dollars ($100) per day. If a city, county, state or federal declaration of emergency or disaster exists within the boundaries of the fire protection district, the board may set special compensation for commissioners by a resolution that shall be applied to commissioner compensation only upon a majority vote of the board and shall continue only for as long as the city, county, state or federal declaration of emergency or disaster remains in effect within the boundaries of the fire protection district. District business shall include time spent preparing for and attending regular and special board meetings and meetings of committees established by the board. Additional compensation, if approved by a majority of the fire protection board, may be calculated for commissioners who attend county or state agency meetings, educational classes, seminars and other miscellaneous district business. Commissioners may also participate in the district's employee benefit package in the same manner as employees or volunteers. Any proposed commissioner benefits and annual compensation shall be published as a separate line item in the annual budget of the fire protection district.

(2) Actual expenses of commissioners for travel, and other district expenses approved by the board, shall be paid to the commissioners in addition to their annual compensation and benefits. The payment for expenses shall be paid from the funds of the fire protection district on either a per diem basis or upon the presentation of itemized receipts to the treasurer.

(3) The board shall fix the annual compensation and benefits to be paid to the other officers, agents and employees of the fire district, which shall be paid out of the treasury of the fire district.

(4) The district shall be liable and responsible for the actions and omissions of the commissioners, officers, agents and employees of the district, when the commissioners, officers, agents and employees are performing their duties within the course and scope of their employment with the district and on behalf of the district.

History:

[31-1421, added 2006, ch. 318, sec. 19, p. 1004; am. 2018, ch. 18, sec. 1, p. 30.]
Idaho Code § 31-2102 — Idaho Code / Title 31 / Chapter 21 / Section 31-2102
31-2102 EX OFFICIO TAX COLLECTOR AND EX OFFICIO PUBLIC ADMINISTRATOR.
Status: in_force

31-2102. Ex officio tax collector and ex officio public administrator. (1) The county treasurer is ex officio tax collector with duties relating to the collection of tax revenue as prescribed in title 63, Idaho Code.

(2) The county treasurer is ex officio public administrator and as such shall administer the estates of decedents who resided in the county at the time of death as prescribed in chapter 1, title 14, Idaho Code.

History:

[(31-2102) 1913, ch. 128, sec. 1, p. 475; R.C., sec. 2079; compiled and reen. C.L., sec. 1991a; C.S., sec. 3563; I.C.A., sec. 30-1602; am. 1996, ch. 69, sec. 8, p. 215.]
Idaho Code § 31-5105 — Idaho Code / Title 31 / Chapter 51 / Section 31-5105
31-5105 FINAL REPORT OF STUDY COMMISSION.
Status: in_force

31-5105. Final report of study commission. (1) Within one (1) year after its first meeting, the study commission shall submit its final report to the governing body. The commission shall conduct one (1) or more public hearings before submitting the final report to the governing body. The study commission may recommend an optional form or may recommend no changes in county government. The report shall be signed by a majority of the commission members. If the study commission recommends an optional form of county government, the final report shall contain:

(a) A complete description of the optional form of county government proposed, as required under the provisions of the chapter pertaining to the form of government proposed to be adopted and under any other provisions of this act; and

(b) A comparison of the existing form and proposed form of county government, including a statement of the strengths and weaknesses of the existing and proposed plans.

(2) Sufficient copies of the final report shall be prepared for public distribution and must be available not less than sixty (60) days prior to any election on adopting the recommended optional form.

(3) Within thirty (30) days after the commission submits the final report, the governing body shall publish a summary of the findings and recommendations contained in the final report in the official newspaper of the county once each week for two (2) successive weeks. The summary shall indicate where the full text of the final report may be reviewed or obtained. The summary shall include a comparison of the existing form of county government and the proposed optional form.

(4) The commission shall be deemed dissolved within thirty (30) days after it has submitted its final report to the governing body.

History:

[31-5105, added 1996, ch. 283, sec. 2, p. 922.]
Idaho Code § 31-2302 — Idaho Code / Title 31 / Chapter 23 / Section 31-2302
31-2302 REQUIREMENTS OF WARRANTS.
Status: in_force

31-2302. Requirements of warrants. All warrants must distinctly specify the liability for which they are drawn, and when it accrued.

History:

[(31-2302) R.S., sec. 2006; reen. R.C. & C.L., sec. 2053; C.S., sec. 3625; I.C.A., sec. 30-1802.]
Idaho Code § 31-5209 — Idaho Code / Title 31 / Chapter 52 / Section 31-5209
31-5209 COUNTY CLERK, EX OFFICIO AUDITOR AND RECORDER.
Status: in_force

31-5209. 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 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 and responsibilities 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 the duties and responsibilities of the county clerk, ex officio auditor and recorder; 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 of each office and the duties and responsibilities assigned to each office; or

(5) The office shall be eliminated as a separate office with the duties and responsibilities of the county clerk, ex officio auditor and recorder to be performed by one (1) or more other qualified elected officers or appointed persons as provided in the petition or resolution. The petition or resolution shall specifically 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 combined with or assigned to the office of the sheriff or prosecuting attorney.

History:

[31-5209, added 1996, ch. 283, sec. 3, p. 926.]
Idaho Code § 31-2121 — Idaho Code / Title 31 / Chapter 21 / Section 31-2121
31-2121 DELIVERY OF MONEY AND PAPERS AFTER DEATH.
Status: in_force

31-2121. Delivery of money and papers after death. In case of the death of any county treasurer, all official moneys, books, accounts, papers and documents shall be delivered to the treasurer's successor by the board of county commissioners.

History:

[(31-2121) 1863, p. 475, sec. 123; R.S., sec. 1859; modified 1899, p. 405; compiled and reen. R.C. & C.L., sec. 2010; C.S., sec. 3582; I.C.A., sec. 30-1621; am. 1989, ch. 15, sec. 2, p. 17.]
Idaho Code § 31-4405 — Idaho Code / Title 31 / Chapter 44 / Section 31-4405
31-4405 RULES AND REGULATIONS — NOTICE OF VIOLATION — MISDEMEANOR — INJUNCTION.
Status: in_force

31-4405. Rules and regulations — Notice of violation — Misdemeanor — Injunction. All solid waste disposal systems shall be located, maintained and operated according to rules and regulations promulgated and adopted by the state board of environmental quality. Every person who violates any of the provisions of this act, or of any order, rule or regulation of the state board of environmental quality issued pursuant thereto, where a copy of the order, rule or regulation has been served upon said person by certified mail, and said person fails to comply therewith within the time provided in the order, rule or regulation, or within ten (10) days of such service if not otherwise provided, shall be guilty of a misdemeanor. In the event of a continuing violation, each day that the violation continues constitutes a separate and distinct offense. In addition to the criminal penalties provided by this act, whenever it appears to the state board of environmental quality that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this act or of any rule or regulation promulgated and adopted under the provisions of this act, the board may bring an action in any court of competent jurisdiction to enjoin any such acts or practices and to enforce compliance with this act or any rule or regulation hereunder. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this act or any rule or regulation hereunder, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted. The board of environmental quality shall not be required to furnish bond.

History:

[31-4405, added 1970, ch. 104, sec. 5, p. 259; am. 1971, ch. 61, sec. 5, p. 137; am. 1974, ch. 23, sec. 9, p. 633; am. 2001, ch. 103, sec. 10, p. 263.]
Idaho Code § 31-101 — Idaho Code / Title 31 / Chapter 1 / Section 31-101
31-101 STATE DIVIDED INTO COUNTIES.
Status: in_force

31-101. State divided into counties. The state is divided into the several counties in this chapter named and described. The county seats are located at the cities or villages named after the respective county descriptions.

History:

[(31-101) R.C., sec. 23; compiled and reen. C.L. 3:1; C.S., sec. 5; I.C.A., sec. 30-101.]
Idaho Code § 31-146 — Idaho Code / Title 31 / Chapter 1 / Section 31-146
31-146 WASHINGTON COUNTY.
Status: in_force

31-146. Washington county. Washington 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;

Northern boundary. Thence in an easterly direction fifteen and one-half (15 1/2) miles, to a point one-half (1/2) mile east of the west quarter (W1/4) corner of 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 (N1/4) 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 (W1/4) 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 (W1/4) corner of section twenty-four (24), township thirteen (13) north, range one (1) west; thence east (1911, ch. 31, section 2, p. 67) to the summit of the dividing range between the waters of Crane creek on the west and Squaw creek on the east;

Eastern boundary. Thence southerly along the summit of said dividing range to the intersection of said dividing ridge with the second (2d) standard parallel north (R.C., section 23f);

Southern boundary. Thence west along said second (2d) standard parallel to its intersection with the Snake river;

Western boundary. Thence down the main channel of Snake river, to the place of beginning (R.C., section 23w).

County seat–Weiser.

History:

[(31-146) Compiled and reen. C.L. 3:43; C.S., sec. 50; I.C.A., sec. 30-146.]
Idaho Code § 31-204 — Idaho Code / Title 31 / Chapter 2 / Section 31-204
31-204 PETITION OPEN TO INSPECTION.
Status: in_force

31-204. Petition open to inspection. Said petition or petitions shall, after they are filed in the office of the clerk of the district court of the county be open to the inspection of any and all citizens of the county, but shall not be removed therefrom.

History:

[(31-204) 1890-1891, p. 57, sec. 121; reen. 1899, p. 33, sec. 108; am. R.C. & C.L., sec. 469; C.S., sec. 653; I.C.A., sec. 30-204.]
Idaho Code § 31-2226 — Idaho Code / Title 31 / Chapter 22 / Section 31-2226
31-2226 REFUSAL TO DELIVER PROPERTY.
Status: in_force

31-2226. Refusal to deliver property. If the former sheriff refuses or neglects to deliver to his successor the jail, process, papers and prisoners in his charge, the new sheriff may, notwithstanding, take possession of the jail, and of the prisoners confined therein, and the magistrate judge, may, upon application, order the delivery of the process and papers.

History:

[(31-2226) 1863, p. 475, sec. 40; R.S., sec. 1896; reen. R.C. & C.L., sec. 2048; C.S., sec. 3620; I.C.A., sec. 30-1726; am. 1989, ch. 14, sec. 5, p. 16.]
Idaho Code § 31-4401A — Idaho Code / Title 31 / Chapter 44 / Section 31-4401A
31-4401A DEFINITIONS.
Status: in_force

31-4401A. Definitions. In this chapter:

(1) "Major solid waste generator" means any person who generates two per cent (2%) or more of the total solid waste originating in any county.

(2) "Person" means any natural person, firm, corporation, or other entity, but does not include a municipality, a state agency or a state educational institution.

(3) "Significant effect" means any change in the amount of solid waste to be sent to any waste disposal site which exceeds either five per cent (5%) of the total monthly amount of waste disposal at any particular solid waste disposal site during the most recent calendar year, or five per cent (5%) of the projected processing capacity of any new solid waste disposal site.

(4) "State agency" means each state board, commission, department or officer authorized by law to make rules or to determine contested cases.

(5) "State educational institution" means a public educational facility or institution regulated by the state board of education or the board of regents of the university of Idaho.

(6) "System" means lands, sites, facilities, equipment and manpower necessary for collection, transportation, storage, treatment, processing, reuse, recycling or other means necessary for the disposal of solid waste.

(7) "Waste processing facility" means any waste disposal site or any public work at which solid waste is compacted, incinerated, or otherwise treated prior to disposal. It shall not include the placement of portable collection facilities or similar equipment used solely to facilitate collection of solid waste.

History:

[31-4401A, added 1987, ch. 213, sec. 2, p. 455.]
Idaho Code § 31-2227 — Idaho Code / Title 31 / Chapter 22 / Section 31-2227
31-2227 ENFORCEMENT OF PENAL LAWS — PRIMARY RESPONSIBILITY.
Status: in_force

31-2227. Enforcement of penal laws — Primary responsibility. (1) Irrespective of police powers vested by statute in state, county and municipal officers, and except where otherwise provided in Idaho Code, it is hereby declared to be the policy of the state of Idaho that the primary duty of enforcing all the penal provisions of any and all statutes of this state, in any court, is vested in the sheriff and prosecuting attorney of each of the several counties. When, in the judgment of such county officers, they need assistance from municipal peace officers within the county, they are authorized and directed to call for such assistance and local officers shall render assistance.

(2) When, in the judgment of such county officers, advice and/or assistance is needed which is not available in the county, the sheriff and/or the prosecuting attorney are directed to call upon the Idaho state police for such advice and assistance and the department shall render such cooperative service. Whenever in the opinion of the governor any peace officer of this state refuses to offer assistance when requested to do so, or refuses to perform any duty enjoined upon him by the penal statutes of this state, the governor shall direct the attorney general to commence action under chapter 41, title 19, Idaho Code, to remove such officer from office.

(3) When in the judgment of the governor the penal laws of this state are not being enforced as written, in any county, or counties, in this state, he may direct the director of the Idaho state police to act independently of the sheriff and prosecuting attorney in such county, or counties, to execute and enforce such penal laws. In such an instance, the attorney general shall exclusively exercise all duties, rights and responsibilities of the prosecuting attorney.

History:

[31-2227, added 1951, ch. 196, sec. 1, p. 420; am. 1974, ch. 27, sec. 77, p. 811; am. 1989, ch. 14, sec. 6, p. 16; am. 1998, ch. 246, sec. 1, p. 808; am. 2000, ch. 469, sec. 79, p. 1525; am. 2014, ch. 280, sec. 2, p. 707.]
Idaho Code § 31-1406 — Idaho Code / Title 31 / Chapter 14 / Section 31-1406
31-1406 ELECTION — QUALIFICATION OF ELECTORS — CANVASS.
Status: in_force

31-1406. Election — Qualification of electors — Canvass. Such election shall be conducted in accordance with title 34, Idaho Code. The board of county commissioners shall establish as many election precincts within such proposed fire protection district as may be necessary, and define the boundaries thereof. The county clerk shall appoint judges of election, who shall perform the duties as judges of election under title 34, Idaho Code; and the result of such election shall be certified, and canvassed and declared by the board of county commissioners.

History:

[31-1406, added 1943, ch. 161, sec. 6, p. 324; am. 1982, ch. 254, sec. 6, p. 651; am. 1986, ch. 137, sec. 4, p. 369; am. 1995, ch. 118, sec. 27, p. 452; am. 2009, ch. 341, sec. 17, p. 1003.]
Idaho Code § 31-1009 — Idaho Code / Title 31 / Chapter 10 / Section 31-1009
31-1009 INVESTMENT OF FUND — ACCRUAL OF INTEREST.
Status: in_force

31-1009. Investment of fund — Accrual of interest. Any funds accumulated as provided in section 31-1007, Idaho Code, may, so far as practicable without jeopardy thereto, be invested by the county treasurer, under the direction of the board of county commissioners; and provided, further, that any portion of such fund not so invested, shall be deposited in accordance with the requirements of the public depository law. All interest earned by such fund shall accrue and be added to the principal thereof and become subject to investment as such.

History:

[(31-1009) C.S., sec. 3469B, as added by 1931, ch. 109, sec. 2, p. 188; I.C.A., sec. 30-809; am. 1989, ch. 91, sec. 3, p. 217.]
Idaho Code § 31-5310 — Idaho Code / Title 31 / Chapter 53 / Section 31-5310
31-5310 COUNTY SHERIFF.
Status: in_force

31-5310. 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 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 or appointed persons as provided in the resolution or petition. The office of sheriff may not be consolidated with the office of the prosecuting attorney or the office of the clerk of the district court. The resolution or petition shall identify those duties of the county sheriff for which each other officer or appointee shall be responsible.

History:

[31-5310, added 1996, ch. 283, sec. 4, p. 932.]
Idaho Code § 31-705 — Idaho Code / Title 31 / Chapter 7 / Section 31-705
31-705 ELECTION OF CHAIRMAN.
Status: in_force

31-705. Election of chairman. The members of the board of commissioners must, at their first regular meeting on the second Monday of January next after their election, elect a chairman from their number.

History:

[(31-705) 1868, p. 100, sec. 6; R.S., sec. 1750; reen. R.C. & C.L., sec. 1908; C.S., sec. 3406; I.C.A., sec. 30-605.]
Idaho Code § 31-5007 — Idaho Code / Title 31 / Chapter 50 / Section 31-5007
31-5007 CHANGE IN STATUS OF ELECTED OFFICERS.
Status: in_force

31-5007. Change in status of elected officers. Except as otherwise provided in this chapter or chapters 51 through 57, title 31, Idaho Code:

(1) An elected county officer whose office has become appointive or has been consolidated with another elective or appointive office under an optional form of government shall continue to perform the duties of office until his successor is appointed or elected and qualified. Thereafter the position held by the elected officer shall be deemed abolished.

(2) If the optional form of government consolidating an elective office with another office or making an elective office appointive is approved at an election at which the office was also filled by election, the office shall be declared abolished, the term of office not having commenced prior to the approval of the optional form.

(3) A petition or resolution proposing an optional form of county government may provide that an existing elected officer will continue in office until the end of the term for which he was elected or may provide that an existing elected officer will be retained as a county employee until the end of the term for which he was elected; provided that the person's salary shall not be reduced except as part of a general salary reduction.

(4) Nothing in this section precludes a former elected official from being appointed or elected to a position in county government.

History:

[31-5007, added 1996, ch. 283, sec. 1, p. 920.]
Idaho Code § 31-718 — Idaho Code / Title 31 / Chapter 7 / Section 31-718
31-718 ADVISORY BALLOT QUESTIONS.
Status: in_force

31-718. Advisory ballot questions. The board of county commissioners shall have the authority to place a question on the ballot pertaining to any issue before the citizens of that county during a primary or general election. The results of such an election shall be advisory only.

History:

[31-718, added 1994, ch. 372, sec. 2, p. 1200.]
Idaho Code § 31-3905 — Idaho Code / Title 31 / Chapter 39 / Section 31-3905
31-3905 AMBULANCE SERVICE — OPERATION DEPENDENT UPON RESOLUTION OF EACH CITY — RIGHT TO TAX UNAFFECTED BY NONSERVICE.
Status: in_force

31-3905. Ambulance service — Operation dependent upon resolution of each city — Right to tax unaffected by nonservice. All cities and villages within the county, upon resolution duly passed and approved and presented to the board of county commissioners, may authorize said ambulance service to operate within the boundaries of said city or village, but the failure of any such governing body to authorize said ambulance service to operate within the limits of said village or city shall not affect the right of the board of county commissioners to levy the tax authorized under section 31-3901, Idaho Code.

History:

[31-3905, added 1963, ch. 278, sec. 5, p. 712; am. 2020, ch. 209, sec. 5, p. 604.]
Idaho Code § 31-3916 — Idaho Code / Title 31 / Chapter 39 / Section 31-3916
31-3916 DUTIES OF COUNTY COMMISSIONERS.
Status: in_force

31-3916. Duties of county commissioners. The board of county commissioners, at the time of making the annual county levies, shall make a levy upon all the taxable property not exempt from taxation within each district within the county in the same amount as the levy made by the board of commissioners of each ambulance service district and shall certify such levy or levies to the county auditor, and said auditor shall extend such levy on the rolls of the county, as other county taxes are extended; such special taxes so levied shall constitute a lien upon the property so assessed and shall be due and payable at the same time and in all respects are to be collected in the same manner as the state and county taxes, except that the tax collector must keep a separate list thereof and must list said tax in his receipt to the taxpayers and must pay to the county treasurer as he pays other taxes, specify to the treasurer what taxes they are and take a separate receipt therefor, and keep separate accounts thereof.

History:

[31-3916, added 2020, ch. 209, sec. 14, p. 612.]
Idaho Code § 31-3302 — Idaho Code / Title 31 / Chapter 33 / Section 31-3302
31-3302 COUNTY CHARGES ENUMERATED.
Status: in_force

31-3302. County charges enumerated. (1) For purposes of this section, "reimbursement rate" means ninety-five percent (95%) of the unadjusted medicaid rate of reimbursement for medical charges allowed pursuant to title XIX of the social security act, as amended, that is in effect at the time the service is rendered.

(2) The following are county charges:

(a) Charges incurred against the county by virtue of any provision of this title.

(b) The compensation allowed by law to constables and sheriffs for executing process on persons charged with criminal offenses; for services and expenses in conveying criminals to jail; for the service of subpoenas issued by or at the request of the prosecuting attorneys, and for other services in relation to criminal proceedings.

(c) The expenses necessarily incurred in the support of persons charged with or convicted of crime and committed therefor to the county jail. Provided that any medical expenses shall be paid at the reimbursement rate unless a rate of reimbursement is otherwise established by contract or agreement.

(d) The compensation allowed by law to county officers in criminal proceedings, when not otherwise collectible.

(e) The sum required by law to be paid to grand jurors and indigent witnesses in criminal cases.

(f) The accounts of the coroner of the county, for such services as are not provided to be paid otherwise.

(g) The necessary expenses incurred in the support of county hospitals, and the indigent sick and nonmedical assistance for indigents, whose support is chargeable to the county.

(h) The contingent expenses, necessarily incurred for the use and benefit of the county.

(i) Every other sum directed by law to be raised for any county purpose, under the direction of the board of county commissioners, or declared to be a county charge.

History:

[31-3302, R.S., sec. 2161; am. 1899, p. 116, sec. 7; am. and reen. R.C. & C.L., sec. 2136; C.S., sec. 3721; I.C.A., sec. 30-2802; am. 1936 (3rd E.S.), ch. 2, sec. 1, p. 6; am. 1939, ch. 182, sec. 17, p. 338; am. 1970, ch. 120, sec. 14, p. 284; am. 1992, ch. 83, sec. 1, p. 257; am. 1994, ch. 362, sec. 3, p. 1137; am. 2009, ch. 177, sec. 2, p. 558; am. 2011, ch. 291, sec. 2, p. 795; am. 2023, ch. 32, sec. 2, p. 161.]
Idaho Code § 31-2412 — Idaho Code / Title 31 / Chapter 24 / Section 31-2412
31-2412 NUMBER TO BE STAMPED ON INSTRUMENTS.
Status: in_force

31-2412. Number to be stamped on instruments. It is hereby made the duty of each county recorder in this state, when any instrument, paper or notice authorized by law to be recorded is deposited in the recorder's office for record, immediately to write or stamp thereon an instrument number, and the numbers so stamped shall be consecutive in the order of filing, in only one (1) series of numbers, commencing with the general reception number next in order, upon this amendment becoming effective, in each county and following in the order of the filing of all instruments, papers or notices, and priority of number shall be prima facie evidence of priority of filing: provided, that when such recorder shall receive by mail or other like inclosure more than one (1) instrument, paper or notice at a time, he shall affix such numbers in the consecutive order in which said instruments, papers or notice actually came into his hand on opening, save that when more than one instrument, paper or notice is received from the same source at the same time, he may follow such directions as the sender may give in relation to such numbering. In addition to general reception numbers as above provided the county recorder may use such additional numbers as may be convenient for filing and indexing.

History:

[(31-2412) 1903, p. 428, sec. 1; reen. R.C. & C.L., sec. 2071; C.S., sec. 3644; I.C.A., sec. 30-1912; am. 1949, ch. 164, sec. 1, p. 352.]
Idaho Code § 31-134 — Idaho Code / Title 31 / Chapter 1 / Section 31-134
31-134 LINCOLN COUNTY.
Status: in_force

31-134. Lincoln county. Lincoln county is described as follows: beginning at the northeast corner of section six (6), township three (3) south, range sixteen (16) east;

Western boundary. Thence south twenty-four (24) miles, more or less, along the section line to the southeast corner of section thirty-one (31), township six (6) south, range sixteen (16) east;

Southern boundary. Thence easterly along the township line to the northwest corner of section four (4), township seven (7) south, range eighteen (18) east; thence south along the section line to the southwest corner of section nine (9), township seven (7) south, range eighteen (18) east; thence east along the section line to the southeast corner of section nine (9), township seven (7) south, range eighteen (18) east; thence south along the section line to the southwest corner of section fifteen (15), township seven (7) south, range eighteen (18) east; thence east along the section line to the southwest corner of section eighteen (18), township seven (7) south, range twenty-one (21) east; thence south along the range line to the southwest corner of township seven (7) south, range twenty-one (21) east; thence east along the township line to the southwest corner of section thirty-four (34), township seven (7) south, range twenty-three (23) east;

Eastern boundary. Thence north along 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 (1913, ch. 3, section 2, p. 5);

Northern boundary. Thence west along the township line between townships two (2) and three (3) south, to the place of beginning (R.C., section 23q).

County seat–Shoshone.

History:

[(31-134) Compiled and reen. C.L. 3:31; C.S., sec. 38; I.C.A., sec. 30-134; am. 2013, ch. 41, sec. 3, p. 86.]
Idaho Code § 31-1437 — Idaho Code / Title 31 / Chapter 14 / Section 31-1437
31-1437 LIABILITY FOR INDEBTEDNESS OF FIRE PROTECTION DISTRICTS AFTER BOUNDARY CHANGES.
Status: in_force

31-1437. Liability for indebtedness of fire protection districts after boundary changes. Territory withdrawn from any fire protection district shall continue to be subject to taxation for the payment of the principal of and interest on any indebtedness, whether evidenced by bonds, notes, or other similar evidences of indebtedness created by election outstanding upon the effective date of withdrawal as fully as though the territory had not been withdrawn. For the purpose of discharging the indebtedness and interest thereon and other obligations, the territory shall be considered a part of the district the same as though not withdrawn. All provisions which could have been used to compel the payment by the withdrawn territory of its portion of the indebtedness and interest thereon had the withdrawal not occurred can be used to compel the payment on the part of the withdrawn territory of the portion for which it is liable. Provided, however, by mutual agreement, the entity annexing or withdrawing territory from the district may acquire the capital assets which represent the proceeds of the indebtedness and pay off or assume the indebtedness to the extent otherwise permitted by law and the terms of the underlying obligation.

History:

[(31-1437) 31-1438, added 1989, ch. 133, sec. 1, p. 299; am. and redesig. 2006, ch. 318, sec. 38, p. 1013.]
Idaho Code § 31-2009 — Idaho Code / Title 31 / Chapter 20 / Section 31-2009
31-2009 OFFICES TO BE KEPT AT THE COUNTY SEAT — OFFICE HOURS.
Status: in_force

31-2009. Offices to be kept at the county seat — Office hours. Sheriffs, recorders, treasurers, assessors, and in counties having a population of over 7,500, prosecuting attorneys must have their offices at the county seat, and keep them open for the transaction of business on such days and during such hours as the boards of county commissioners may prescribe. Provided, that in counties having a population of 7,500 or less, the prosecuting attorney must have an office at the county seat and must, by and with the approval of the board of county commissioners, establish such rules and hours for official business as may be necessary for the dispatch thereof.

History:

[(31-2009) R.S., sec. 1822; am. and reen. R.C. & C.L., sec. 1981; C.S., sec. 3551; I.C.A., sec. 30-1509; am. 1941, ch. 44, sec. 1, p. 97; am. 1947, ch. 194, sec. 1, p. 471; am. 1955, ch. 134, sec. 1, p. 273; am. 1957, ch. 134, sec. 1, p. 227; am. 1963, ch. 11, sec. 1, p. 22; am. 1970, ch. 120, sec. 6, p. 284.]
Idaho Code § 31-4212 — Idaho Code / Title 31 / Chapter 42 / Section 31-4212
31-4212 POLICY IN OPERATION OF AUTHORITY.
Status: in_force

31-4212. Policy in operation of authority. It is hereby declared to be the policy of this state that each housing authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with providing adequate, safe and sanitary accommodations, and no housing authority shall construct or operate any such project for profit or as a source of revenue to the county. An authority shall fix the rentals for dwellings in its projects at no higher rates than it shall find to be necessary in order to produce revenue which, together with all other available moneys, revenues, income and receipts of the authority from whatever sources derived, will be sufficient:

(a) to pay, as the same become due, the principal and interest on the bonds of the authority;

(b) to meet the cost of, and to provide for, maintaining and operating the projects, including the cost of any insurance, and the administrative expenses of the authority; and

(c) to create, during not less than the six (6) years immediately succeeding its issuance of any bonds, a reserve sufficient to meet the largest principal and interest payments which will be due on such bonds in any one (1) year thereafter and to maintain such reserve.

History:

[31-4212, added 1970, ch. 211, sec. 12, p. 584.]
Idaho Code § 31-5805 — Idaho Code / Title 31 / Chapter 58 / Section 31-5805
31-5805 CHARTER COMMISSION — ORGANIZATION — MEETINGS — CONDUCT OF BUSINESS.
Status: in_force

31-5805. Charter commission — Organization — Meetings — Conduct of business. A charter commission shall meet within thirty (30) days of its election and shall organize by electing from its members a chairman, a vice-chairman, and clerk-secretary. The provisions of section 31-5104, Idaho Code, shall apply to a charter commission, except as otherwise specified in this chapter.

History:

[31-5805, added 1996, ch. 129, sec. 1, p. 449.]
Idaho Code § 31-824 — Idaho Code / Title 31 / Chapter 8 / Section 31-824
31-824 EMPLOYMENT OF PRISONERS.
Status: in_force

31-824. Employment of prisoners. To employ inmates of the county jail upon public road work or other county work in the county under such regulations as the board of county commissioners and the sheriff may prescribe.

History:

[(31-824) R.C., sec. 1917x, as added by 1915, ch. 77, sec. 1, p. 189; compiled and reen. C.L., sec. 1917x; C.S., sec. 3439; I.C.A., sec. 30-730; am. 1989, ch. 73, sec. 15, p. 124.]
Idaho Code § 31-2901 — Idaho Code / Title 31 / Chapter 29 / Section 31-2901
31-2901 SHORT TITLE.
Status: in_force

31-2901. Short title. This chapter shall be known and may be cited as the "Uniform Real Property Electronic Recording Act."

History:

[31-2901, added 2007, ch. 63, sec. 1, p. 155.]
Idaho Code § 31-2309 — Idaho Code / Title 31 / Chapter 23 / Section 31-2309
31-2309 FILING AND RECORDING BOND OF RECORDER AND AUDITOR.
Status: in_force

31-2309. Filing and recording bond of recorder and auditor. The bonds of the recorder and auditor must be filed by the district judge in the district court for that county, and a copy thereof duly recorded by the county recorder, and when so recorded, fully attested by the district judge.

History:

[(31-2309) 1874, p. 556, sec. 5; R.S., sec. 2013; reen. R.C. & C.L., sec. 2060; C.S., sec. 3632; I.C.A., sec. 30-1809; am. 1970, ch. 120, sec. 10, p. 284.]
Idaho Code § 31-2214 — Idaho Code / Title 31 / Chapter 22 / Section 31-2214
31-2214 MUST EXHIBIT PROCESS.
Status: in_force

31-2214. Must exhibit process. The officer executing process must then, and at all times subsequent, so long as he retains it, upon request show the same, with all papers attached, to any person interested therein.

History:

[(31-2214) 1863, p. 475, sec. 49; R.S., sec. 1883; reen. R.C. & C.L., sec. 2036; C.S., sec. 3608; I.C.A., sec. 30-1714.]
Idaho Code § 31-3218 — Idaho Code / Title 31 / Chapter 32 / Section 31-3218
31-3218 RECEIPT FOR FEES.
Status: in_force

31-3218. Receipt for fees. Every officer upon receiving any fees for official duty or services, may be required by the person making the same to make out in writing and deliver to such person a particular account of such fees, specifying for what they respectively accrued, and shall receipt for the same; and if he refuses or neglects to do so, when required, or shall receive illegal fees, he shall be liable to the party paying for three (3) times the amount so paid.

History:

[(31-3218) R.S., sec. 2144; reen. R.C. & C.L., sec. 2134; C.S., sec. 3719; I.C.A., sec. 30-2718.]
Idaho Code § 31-2101 — Idaho Code / Title 31 / Chapter 21 / Section 31-2101
31-2101 DUTIES OF COUNTY TREASURER.
Status: in_force

31-2101. Duties of county treasurer. The county treasurer must:

(1) Receive all moneys belonging to the county and all other moneys by law directed to be paid to him, safely keep the same, and apply and pay them out, rendering account thereof as required by law;

(2) File and keep the certificates of the auditor delivered to him when moneys are paid into the treasury;

(3) Keep an account of the receipt and expenditure of all such moneys in books provided for the purpose, in which must be entered the amount, the time when, from whom, and on what account all moneys were received by him, and the amount, time when, to whom, and on what account all disbursements were made by him;

(4) Keep his books so that the amounts received and paid out on account of separate funds or specific appropriations are exhibited in separate and distinct accounts and the whole receipts and expenditures are shown in one general or cash account. Upon notification by the state controller, county financial records shall conform to the standards established in the uniform accounting manual for local governmental entities pursuant to section 67-1075, Idaho Code;

(5) Enter no moneys received for the current year on his account with the county for the past fiscal year until after his annual settlement for the past year has been made with the county auditor; and

(6) Disburse the county moneys only on county warrants issued by the county auditor, based on orders of the board of commissioners or as otherwise provided by law.

History:

[(31-2101) 1863, p. 475, secs. 111, 112; R.S., sec. 1840; reen. R.C., sec. 1991; am. 1913, ch. 128, sec. 1, p. 475; reen. C.L., sec. 1991; C.S., sec. 3562; I.C.A., sec. 30-1601; am. 2021, ch. 89, sec. 11, p. 306.]
Idaho Code § 31-416 — Idaho Code / Title 31 / Chapter 4 / Section 31-416
31-416 TRANSFER OF CIVIL, CRIMINAL AND PROBATE MATTERS.
Status: in_force

31-416. Transfer of civil, criminal and probate matters. All civil and criminal actions and special proceedings, and all records and files pertaining thereto, pending in the formerly existing county, shall be transferred to the office of the clerk of the court of the consolidated county, without further charge, likewise all civil and criminal actions and all unsettled estates, pending in the probate court of the formerly existing county, together with all records and files pertaining to the same, shall be transferred to the probate court of the consolidated county, without additional charge.

History:

[31-416, added 1933, ch. 135, sec. 16, p. 206.]
Idaho Code § 31-4330 — Idaho Code / Title 31 / Chapter 43 / Section 31-4330
31-4330 NOTICE OF HEARING — POSTING AND PUBLICATION.
Status: in_force

31-4330. Notice of hearing — Posting and publication. Notice of the budget hearing meeting shall be posted at least ten (10) full days prior to the date of said meeting in at least one (1) conspicuous place in each recreation district to be determined by the board, a copy of such notice shall also be published in a daily or weekly newspaper published within such recreation district, in one (1) issue thereof, during such ten (10) day period. The place, hour and day of such hearing shall be specified in said notice, as well as the place where such budget may be examined prior to such hearing. A full and complete copy of such proposed budget shall be published with and as a part of the publication of such notice of hearing.

History:

[I.C., sec. 31-4330, as added by 1973, ch. 83, sec. 2, p. 132.]
Idaho Code § 31-4327 — Idaho Code / Title 31 / Chapter 43 / Section 31-4327
31-4327 RECREATION DISTRICT RESERVE FUND.
Status: in_force

31-4327. Recreation district reserve fund. The board of any recreation district may create and establish a recreation facilities reserve fund by resolution adopted at any regular or special meeting of the board. Moneys shall be credited to said fund which accrue from taxes levied under section 31-4318, Idaho Code, as provided in section 31-4328, Idaho Code, together with interest accruing from the investment of any moneys in the fund.

History:

[I.C., sec. 31-4327, as added by 1971, ch. 71, sec. 6, p. 161.]
Idaho Code § 31-128 — Idaho Code / Title 31 / Chapter 1 / Section 31-128
31-128 JEFFERSON COUNTY.
Status: in_force

31-128. Jefferson county. Jefferson county is described as follows: beginning at a point where the township line between range thirty-one (31) and range thirty-two (32) east, intersects the township line between townships three (3) and four (4) north;

Southern boundary. Thence east along said township line between townships three (3) and four (4) north, to the southeast corner of section thirty-three (33), township four (4) north, range forty-one (41) east;

Eastern boundary. Thence north on the section line between sections thirty-three (33) and thirty-four (34), township and range aforesaid, to the northeast corner of section twenty-eight (28), said township and range; thence west on the section line between sections twenty-one (21) and twenty-eight (28), said township and range, to where the same intersects with the center of the main channel of the South Fork of Snake river; thence down the main channel of said South Fork of Snake river to the conjunction of said stream with the North Fork of Snake river; thence down the center of the main channel of Snake river to a point where the same intersects the section line between sections twenty-one (21) and twenty-two (22), township five (5) north, range thirty-eight (38) east; thence north on said section line between said sections twenty-one (21) and twenty-two (22), township and range last aforesaid, to the northeast corner of section four (4), township seven (7) north, range thirty-eight (38) east; thence west nine (9) miles, to the southeast corner of township eight (8) north, range thirty-six (36) east; thence north six (6) miles, to the northeast corner of said township eight (8) north, range thirty-six (36) east;

Northern boundary. Thence west on the township line between townships eight (8) and nine (9) north, thirty (30) miles, to the northeast corner of township eight (8) north, range thirty-one (31) east;

Western boundary. Thence south (1913, ch. 25, section 2, p. 95) along the township line between range thirty-one (31) and range thirty-two (32) east (1917, ch. 98, section 2, p. 346), to the place of beginning.

County seat–Rigby.

History:

[(31-128) Compiled and reen. C.L. 3:26; C.S., sec. 32; I.C.A., sec. 30-128.]
Idaho Code § 31-1507 — Idaho Code / Title 31 / Chapter 15 / Section 31-1507
31-1507 PROCEDURES FOR REDEEMING REGISTERED WARRANTS.
Status: in_force

31-1507. Procedures for redeeming registered warrants. If the board of county commissioners declares an emergency pursuant to section 31-1608, Idaho Code, the process of funding registered warrants shall conform with current banking and accounting requirements.

When necessary, the county treasurer shall identify ways of redeeming warrants, including short term borrowing from other county funds at market interest rates, until a warrant redemption levy is established as provided in section 63-806(1), Idaho Code. To this end, the county treasurer may contact local financial institutions about currently available interim financing options. After reviewing the alternatives provided by the county treasurer, the board of county commissioners shall, by resolution, select the method of financing and the interest rate to be paid and direct the county auditor to establish the warrant redemption fund. The county treasurer shall complete necessary arrangements to secure sufficient funds to redeem registered warrants.

History:

[(31-1507) I.C., sec. 31-1512, as added by 1994, ch. 35, sec. 2, p. 54; am. and redesig. 1995, ch. 61, sec. 12, p. 138; am. 1996, ch. 322, sec. 11, p. 1040.]
Idaho Code § 31-135 — Idaho Code / Title 31 / Chapter 1 / Section 31-135
31-135 MADISON COUNTY.
Status: in_force

31-135. Madison county. Madison county is described as follows: beginning at the southwest corner of section thirty-four (34), township four (4) north, range forty-one (41) east (1913, ch. 26, section 2, p. 108);

Southern boundary. Thence easterly along the township line between townships three (3) and four (4) north (R.C. 23 1) to a point two (2) miles east of the range line which, when surveyed, will be between ranges forty-two (42) and forty-three (43) east (1915, ch. 8, section 2, p. 30);

Eastern boundary. Thence north to the center of the main channel of Teton river, where said river intersects the section line between sections sixteen (16) and seventeen (17), township seven (7) north, range forty-three (43) east (1915, ch. 8, section 2, p. 30);

Northern boundary. Thence down the center of the main channel of said Teton river to where the same intersects the range line between ranges forty-one (41) and forty-two (42) east; thence south to the township line between townships six (6) and seven (7) north; thence west to the southeast corner of section thirty-five (35), township seven (7) north, range forty (40) east; thence north one (1) mile, to the northeast corner of section thirty-five (35); thence west to the northeast corner of section thirty-four (34), township seven (7) north, range thirty-nine (39) east; thence north two (2) miles to the northeast twenty-one (21) and twenty-two (22), township and range last aforesaid, thence west to the northeast corner of section twenty-one (21), township seven (7) north, range thirty-eight (38) east;

Western boundary. Thence south on the section line between sections twenty-one (21) and twenty-two (22), township and range last aforesaid, to the township line between townships six (6) and seven (7) north; thence continuing in a southerly direction on the line which, when surveyed, will be the section line between sections three (3) and four (4), township six (6) north, range thirty-eight (38) east, to the southern boundary of said township; thence south along the section line between sections three (3) and four (4), township five (5) north, range thirty-eight (38) east, to where the same intersects the center of the main channel of the Snake river; thence up the center channel of said Snake river to the junction of the North and South Forks of the Snake river, and continuing up the center channel of said South Fork of Snake river to where the same intersects the section line that runs due east between sections twenty-three (23) and twenty-six (26), township four (4) north, range forty (40) east; thence east on said section line last aforesaid in said last mentioned township and range to the northeast corner of section twenty-eight (28), township four (4) north, range forty-one (41) east; thence south two (2) miles to the place of beginning (1913, ch. 26, section 2, p. 109).

County seat–Rexburg.

History:

[(31-135) Compiled and reen. C.L. 3:32; C.S., sec. 39; I.C.A., sec. 30-135.]
Idaho Code § 31-867 — Idaho Code / Title 31 / Chapter 8 / Section 31-867
31-867 SPECIAL LEVY FOR COURTS — DISTRICT COURT FUND.
Status: in_force

31-867. Special levy for courts — District court fund. (1) The board of county commissioners of each county in this state may levy annually upon all taxable property of its county, a special tax not to exceed four hundredths per cent (.04%) of market value for assessment purposes for the purpose of providing for the functions of the district court and the magistrate division of the district court within the county. All revenues collected from such special tax shall be paid into the "district court fund," which is hereby created, and the board may appropriate otherwise unappropriated moneys into the district court fund. Moneys in the district court fund may be expended for all court expenditures other than courthouse construction and remodeling.

(2) Balances in the district court fund may be accumulated from year to year sufficient to operate the court functions on a cash basis, but such balances shall not exceed sixty per cent (60%) of the total budget for court functions for the current year.

(3) There is hereby created the county court facilities fund which may be established in each county by resolution adopted at a public meeting of the board of county commissioners. Moneys in the county court facilities fund shall be expended for planning, remodeling and construction of court facilities. The county court facilities fund shall be separate and distinct from the county current expense fund and county expenditures from the county court facilities fund shall be solely dedicated to the purposes set forth in this section. At the discretion of the board of county commissioners, funds deposited in the county court facilities fund may be accumulated from year to year or expended on a regular basis.

History:

[31-867, added 1976, ch. 307, sec. 2, p. 1054; am. 1989, ch. 73, sec. 28, p. 127; am. 1994, ch. 208, sec. 1, p. 656; am. 1997, ch. 52, sec. 1, p. 91.]
Idaho Code § 31-4225 — Idaho Code / Title 31 / Chapter 42 / Section 31-4225
31-4225 PROVISIONS FOR DEFAULT — RIGHTS OF OBLIGEES.
Status: in_force

31-4225. Provisions for default — Rights of obligees. A housing authority shall have power, by its resolution, trust indenture, lease or contract, to confer upon any obligee holding or representing a specified amount in bonds or holding a lease the right, in addition to all rights that may otherwise be conferred, upon the happening of an event of default as defined in such resolution or instrument by suit, action or proceeding in any court of competent jurisdiction:

(a) To cause possession of any housing project or any part thereof to be surrendered to any such obligee, which possession may be retained by such bondholder or trustee so long as said authority shall continue in default;

(b) To obtain the appointment of a receiver of any housing project of said authority or any part thereof and of the rents and profits therefrom. If such receiver be appointed, he may enter and take possession of such housing project or any part thereof and, so long as said authority shall continue to be in default, operate and maintain the same and collect and receive all fees, rents, revenues or other charges thereafter arising therefrom, and shall keep such moneys in a separate account or accounts and apply the same in accordance with the obligations of said authority as the court shall direct.

(c) To require said authority and the commissioners thereof to account as if it and they were the trustees of an express trust.

History:

[31-4225, added 1970, ch. 211, sec. 25, p. 584.]
Idaho Code § 31-4109 — Idaho Code / Title 31 / Chapter 41 / Section 31-4109
31-4109 NAME OF DISTRICT — FILED WITH COUNTY CLERK — FEES.
Status: in_force

31-4109. Name of district — Filed with county clerk — Fees. When the board of county commissioners passes the resolution creating the district they shall name the district "Translator District" and file a copy of the order creating the district, if only one (1) county is included therein, with the county clerk and recorder for which the county clerk and recorder shall receive a fee of three dollars ($3.00) and if portions of more than one (1) county are included in the district a copy of the order shall be filed in each county and with the secretary of state for which he shall receive a fee of five dollars ($5.00).

History:

[31-4109, added 1969, ch. 308, sec. 9, p. 944.]
Idaho Code § 31-4507 — Idaho Code / Title 31 / Chapter 45 / Section 31-4507
31-4507 PAYMENT OF REVENUE BONDS — NONLIABILITY OF STATE AND COUNTY.
Status: in_force

31-4507. Payment of revenue bonds — Nonliability of state and county. Revenue bonds passed under the provisions of this act shall not be deemed to constitute a debt or liability of the state or of any political subdivision, but shall be payable solely from the funds herein provided therefor. The issuance of revenue bonds under the provisions of this act shall not, directly or indirectly or contingently, obligate the state or any political subdivision thereof to levy any form of taxation therefor or to make any appropriation for their payment. Nothing in this act shall be construed to authorize the creation of a debt of the state or of the county authorizing the issuance of such revenue bonds within the meaning of the constitution or statutes of the state of Idaho and all revenue bonds issued pursuant to the provisions of this act are payable and shall state that they are payable solely from the funds pledged for their payment in accordance with the resolution authorizing their issuance or in any indenture executed as security therefor, and that such revenue bonds are not secured by the full faith and credit or the taxing power of the state of Idaho or of any political subdivision thereof. Neither the state nor the county authorizing the issuance thereof shall in any event be liable for the payment of the principal or of interest or premiums, if any, on any such revenue bonds. No breach of any such pledge, obligation or agreement may impose any pecuniary liability upon the state or the county authorizing the issuance thereof or any charge upon their general credit or against their taxing power.

History:

[31-4507, added 1975, ch. 52, sec. 7, p. 105.]
Idaho Code § 31-879 — Idaho Code / Title 31 / Chapter 8 / Section 31-879
31-879 WAIVER OF RIGHT TO MAGISTRATE JUDGE.
Status: in_force

31-879. Waiver of right to magistrate judge. The board of county commissioners shall have the authority to adopt by majority vote a resolution waiving the right to a resident magistrate judge to which the county would otherwise be entitled pursuant to section 1-2205, Idaho Code. When a board of county commissioners has adopted such a resolution, and has not subsequently rescinded such resolution, the district magistrates commission for the judicial district in which the county is located is not required to appoint a resident magistrate judge for that county.

History:

[31-879, added 2008, ch. 38, sec. 4, p. 92.]
Idaho Code § 31-4324 — Idaho Code / Title 31 / Chapter 43 / Section 31-4324
31-4324 NOTICES OF ELECTION ON PROPOSED INDEBTEDNESS.
Status: in_force

31-4324. Notices of election on proposed indebtedness. When such election is ordered to be held, subject to the provisions of section 34-106, Idaho Code, the board shall cause notices of the election to be published for the first time not less than twelve (12) days prior to the election and a second publication shall be made not less than five (5) days prior to the election, in accordance with the provisions of section 34-1406, Idaho Code. Said notices shall recite the action of the board in deciding to bond the district, the purpose thereof and the amount of the bonds supposed to be issued, the estimated costs of the works or improvements as the case may be, the amount of principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on such indebtedness, and shall also specify the date of the election and the time during which the polls shall be open. Notices shall also name the place holding the election.

History:

[I.C., sec. 31-4324, as added by 1971, ch. 71, sec. 3, p. 161; am. 1995, ch. 118, sec. 44, p. 465.]
Idaho Code § 31-3903 — Idaho Code / Title 31 / Chapter 39 / Section 31-3903
31-3903 AMBULANCE SERVICE — POWERS AND DUTIES OF BOARD OF COUNTY COMMISSIONERS.
Status: in_force

31-3903. Ambulance service — Powers and duties of board of county commissioners. (1) The board of county commissioners shall determine the manner in which said ambulance service shall be operated and is empowered to make expenditures from the ambulance service fund for the purchase or lease of real property and the construction of buildings necessary in connection with said service, to acquire necessary equipment for the operation and maintenance of said service, and to pay necessary salaries.

(2) A county that provides ambulance service pursuant to section 31-3901, Idaho Code, prior to July 1, 2020, may continue to operate under the authority of this section. However, no board of county commissioners may exercise the powers granted under this section for the first time on and after July 1, 2020.

History:

[31-3903, added 1963, ch. 278, sec. 3, p. 712; am. 2020, ch. 209, sec. 3, p. 604.]
Idaho Code § 31-4511 — Idaho Code / Title 31 / Chapter 45 / Section 31-4511
31-4511 INVESTMENT OF FUNDS.
Status: in_force

31-4511. Investment of funds. Each county issuing revenue bonds hereunder may invest any funds in bonds, notes, certificates of indebtedness, treasury bills or other securities constituting direct obligations of the United States of America; in certificates of deposit or time deposits constituting direct obligations of any bank as defined by the Idaho Bank Act, provided, however, that investments may be made only in those certificates of deposit or time deposits in banks which are insured by the Federal Deposit Insurance Corporation, if then in existence; or in short term discount obligations of the Federal National Mortgage Association. Any such securities may be purchased at the offering or market price thereof at the time of such purchase.

History:

[31-4511, added 1975, ch. 52, sec. 11, p. 105.]
Idaho Code § 31-3505 — Idaho Code / Title 31 / Chapter 35 / Section 31-3505
31-3505 ELECTION FOR ISSUANCE OF BONDS.
Status: in_force

31-3505. Election for issuance of bonds. The county commissioners may, when they deem the welfare of their counties require it, or when petitioned thereto by a number of resident taxpayers of their respective counties equal to five percent (5%) of the number of persons voting for the secretary of state of the state of Idaho, at the election next preceding the date of such petition, submit to the qualified electors of said county at any election held as provided in section 34-106, Idaho Code, the proposition whether negotiable coupon bonds of the county to the amount stated in such proposition shall be issued and sold for the purpose of providing such hospital, hospital grounds, nurses' homes, nursing homes, residential or assisted living facilities, shelter care facilities, medical clinics, superintendent's quarters, or any other necessary buildings, and equipment, and may on their own initiative submit to the qualified electors of the county at any general election the proposition whether negotiable coupon bonds of the county to the amount stated in such proposition shall be issued and sold for the purpose of providing for the extension and enlargement of existing hospital, hospital grounds, nurses' homes, nursing homes, residential or assisted living facilities, shelter care facilities, medical clinics or grounds, superintendent's quarters, or any other necessary buildings, and equipment, and when authorized thereto by two-thirds (2/3) vote at such election, shall issue and sell such coupon bonds and use the proceeds therefrom for the purposes authorized by such election. Said proposition may be submitted to the qualified electors at an election held subject to the provisions of section 34-106, Idaho Code, if the county commissioners shall by resolution so determine. No person shall be qualified to vote at any election held under the provisions of this section unless he shall possess all the qualifications required of electors under the general laws of this state.

The county commissioners shall be governed in calling and holding such election and in the issuance and sale of such bonds, and in the providing for the payment of the principal and interest thereon by the provisions of chapter 19, title 31, Idaho Code, and by the provisions of chapter 2, title 57, Idaho Code; provided, however, that when such bonds have been issued and sold and a period of two (2) years or more has elapsed from the date of sale of said bonds and for any reason the proceeds from the sale of said bonds or other moneys appropriated for the purpose for which said bonds were issued, have not been used for the purpose for which they were appropriated or said bond issue made, the county commissioners may, with the written consent of all of the bondholders first having been obtained, submit to the qualified electors, as herein defined, the question of spending such moneys for a definite purpose. The purpose for which it is decided to spend such moneys shall be clearly and plainly stated on the ballot. If a majority of the qualified electors shall vote in favor of spending such moneys for the purpose stated, the county commissioners shall proceed in the same manner as if such different purpose had been the original purpose for such bond issue or appropriation. Provided, further that if less than a majority of the qualified electors shall vote in favor of spending such moneys for such different purpose, or if no such election should be had, when all of the bonds shall have been retired, such excess moneys shall be placed in the general fund.

History:

[(31-3505) 31-3513, added 1974, ch. 302, sec. 12, p. 1769; am. 1980, ch. 185, sec. 4, p. 411; am. 1989, ch. 193, sec. 4, p. 477; am. 1993, ch. 112, sec. 3, p. 285; am. 1995, ch. 118, sec. 33, p. 457; am. 2000, ch. 274, sec. 4, p. 805; am. 2010, ch. 273, sec. 23, p. 705; am. and redesig. 2022, ch. 318, sec. 34, p. 1022.]
Idaho Code § 31-402 — Idaho Code / Title 31 / Chapter 4 / Section 31-402
31-402 TIME FOR HOLDING ELECTIONS TO CONSOLIDATE COUNTIES.
Status: in_force

31-402. Time for holding elections to consolidate counties. All elections for the consolidation of counties shall be held at the November general election.

History:

[31-402, added 1933, ch. 135, sec. 2, p. 206; am. 1995, ch. 118, sec. 21, p. 450; am. 2009, ch. 341, sec. 12, p. 1001.]
Idaho Code § 31-5511 — Idaho Code / Title 31 / Chapter 55 / Section 31-5511
31-5511 COUNTY PROSECUTING ATTORNEY.
Status: in_force

31-5511. 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 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 as a separate office 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 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:

[31-5511. added 1996, ch. 283, sec. 6, p. 940; am. 1996, ch. 326, sec. 2, p. 1114.]
Idaho Code § 31-3113 — Idaho Code / Title 31 / Chapter 31 / Section 31-3113
31-3113 CONTRACTED DUTIES OF PROSECUTING ATTORNEYS WITH CITIES.
Status: in_force

31-3113. Contracted duties of prosecuting attorneys with cities. Prosecuting attorneys, with the unanimous approval of the board of county commissioners, and with the consent of the prosecuting attorney, may contract with any city within the county to prosecute nonconflicting misdemeanors and infractions.

History:

[I.C., sec. 31-3113, as added by 1974, ch. 305, sec. 3, p. 1788; am. 1975, ch. 140, sec. 1, p. 319; am. 1975, ch. 259, sec. 1, p. 706; am. 1976, ch. 303, sec. 1, p. 1041; am. 1976, ch. 321, sec. 1, p. 1093; am. 1976, ch. 334, sec. 1, p. 1121; am. 1977, ch. 157, sec. 1, p. 406; am. 1978, ch. 287, sec. 1, p. 698; am. 1979, ch. 275, sec. 1, p. 711; am. 1980, ch. 259, sec. 1, p. 673; am. 1981, ch. 336, sec. 1, p. 699; am. 1982, ch. 191, sec. 4, p. 517; am. 1982, ch. 333, sec. 1, p. 840; am. 1991, ch. 274, sec. 1, p. 711; am. 1995, ch. 191, sec. 1, p. 682; am. 1996, ch. 398, sec. 1, p. 1329; am. 2000, ch. 116, sec. 1, p. 255.]
Idaho Code § 31-3607 — Idaho Code / Title 31 / Chapter 36 / Section 31-3607
31-3607 DUTIES OF BOARD.
Status: in_force

31-3607. Duties of board. (a) Fiscal Affairs. — The county hospital board shall be charged with the care, custody, upkeep, management and operation of all property belonging to the county and devoted to the purposes provided in section 31-3501, Idaho Code, and shall be responsible for all moneys received by it, including all revenues from the operation of such property, all moneys received by tax levies for operation of such property, and all moneys received from whatever source, by contribution or otherwise, for such purposes: Provided, that if any contribution of money or property be offered to the hospital board of the county for use for a specific purpose the hospital board may, if it deems it for the best interest of the hospital or other facility or property under its management, accept such contribution and use such contribution for such purpose.

(b) Funds — Custody and Disbursement. — The hospital board shall safely keep or cause to be kept all moneys coming into the care, custody or possession of the board in strict compliance with the public depository law of this state, and shall pay out such money for valid bills and obligations of the hospital, and shall keep or cause to be kept proper records in its minutes of all its proceedings and all business transactions and proper accounts of all moneys received by it, expended and on hand. The minutes of the board shall be open to inspection by any taxpayer or elector of the county during all regular office hours.

(c) Reports. — The county hospital board shall report to the board of county commissioners within thirty (30) days after the acceptance of the annual hospital audit after the close of the fiscal year and shall annually publish in one (1) issue of a newspaper having general circulation in the county a financial statement reflecting the financial operations of the hospital, together with such other information as the board of county commissioners may deem necessary for the information of the people of the county. The county hospital board shall also prepare in its regular course of business unaudited monthly financial reports reflecting the financial operations of the hospital. The county hospital board shall provide a copy of those monthly reports to the member of the board of commissioners serving as an ex officio member of the county hospital board.

(d) Limitations. — The county hospital board subject to the budgetary limitations herein contained may acquire or build other property for the purposes provided in section 31-3501, Idaho Code, or improve, remodel, enlarge, reduce, or dispose of property being used for such purposes. The county hospital board shall not have power to create any indebtedness in excess of the amount of its annual budget as approved by the board of county commissioners: Provided, that if the county hospital board be formed after the time fixed by law for adoption of the budget, it may then formulate and submit to the board of county commissioners a budget for the rest of the current year, which budget, however, shall not provide for expenditure or creation of indebtedness in an amount greater than the estimated income for that year, together with any receipts from taxes specially levied for hospital purposes in such year.

History:

[31-3607, added 1946 (1st E.S.), ch. 38, sec. 7, p. 75; am. 1970, ch. 129, sec. 2, p. 303; am. 1982, ch. 340, sec. 4, p. 853; am. 1993, ch. 112, sec. 5, p. 287; am. 2022, ch. 318, sec. 59, p. 1031.]
Idaho Code § 31-809 — Idaho Code / Title 31 / Chapter 8 / Section 31-809
31-809 AUDIT OF COUNTY FUNDS.
Status: in_force

31-809. Audit of county funds. To examine and audit the accounts of all officers having the care, management, collection or disbursement of moneys belonging to the county, or appropriated by law, or otherwise, for its use and benefit.

History:

[(31-809) R.S., sec. 1759; R.C., sec. 1917i, as added by 1913, ch. 143, sec. 2, p. 507; reen. C.L., sec. 1917i; C.S., sec. 3424; I.C.A., sec. 30-715.]
Idaho Code § 31-2902 — Idaho Code / Title 31 / Chapter 29 / Section 31-2902
31-2902 DEFINITIONS.
Status: in_force

31-2902. Definitions. In this chapter:

(1) "Document" means information that is:

(a) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and

(b) Eligible to be recorded in the land records maintained by the recorder.

(2) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

(3) "Electronic document" means a document that is received by the recorder in an electronic form.

(4) "Electronic signature" means an electronic sound, symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.

(5) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

(6) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

History:

[31-2902, added 2007, ch. 63, sec. 1, p. 155.]
Idaho Code § 31-2205 — Idaho Code / Title 31 / Chapter 22 / Section 31-2205
31-2205 PENALTY FOR FAILURE TO RETURN.
Status: in_force

31-2205. Penalty for failure to return. If the sheriff does not return a notice or process in his possession with the necessary indorsement thereon without delay, he is liable to the party aggrieved for the sum of $200.00 and for all damages sustained by him.

History:

[(31-2205) 1863, p. 475, sec. 6; R.S., sec. 1874; reen. R.C. & C.L., sec. 2027; C.S., sec. 3599; I.C.A., sec. 30-1705.]
Idaho Code § 31-5407 — Idaho Code / Title 31 / Chapter 54 / Section 31-5407
31-5407 COUNTY SHERIFF.
Status: in_force

31-5407. County sheriff. For purposes of this act, the duties of the county sheriff shall be as provided in chapter 22, title 31, Idaho Code, and as otherwise prescribed by law. A county sheriff:

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

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

(3) Shall be appointed by the board of county commissioners and perform all the duties of the office; or

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

History:

[31-5407, added 1996, ch. 283, sec. 5, p. 935.]
Idaho Code § 31-2401 — Idaho Code / Title 31 / Chapter 24 / Section 31-2401
31-2401 BOOKS TO BE PROCURED — CUSTODY.
Status: in_force

31-2401. Books to be procured — Custody. The recorder must procure such books or other electronic storage methods for records as the business of his office requires. He has the custody of and must keep all books, records, maps and papers deposited in his office. The recorder may keep all books, documents, records, maps and papers within an approved electronic storage system.

History:

[(31-2401) 1863, p. 475, sec. 64; R.S., sec. 2023; reen. R.C. & C.L., sec. 2061; C.S., sec. 3633; I.C.A., sec. 30-1901; am. 1989, ch. 90, sec. 1, p. 212; am. 2005, ch. 243, sec. 1, p. 756.]
Idaho Code § 31-505 — Idaho Code / Title 31 / Chapter 5 / Section 31-505
31-505 INTERPRETATION — NO REPEAL.
Status: in_force

31-505. Interpretation — No repeal. This chapter shall not in any wise be construed as a repeal of any of the power and authority vested in the board of county commissioners of any new county by act of the legislature particularly relating to such new county.

History:

[(31-505) 1915, ch. 20, part of sec. 1, p. 73; reen. C.L. 146:5; C.S., sec. 3763; I.C.A., sec. 30-405.]
Idaho Code § 31-116 — Idaho Code / Title 31 / Chapter 1 / Section 31-116
31-116 CANYON COUNTY.
Status: in_force

31-116. Canyon county. Canyon county is described as follows: beginning at a point in the middle of the channel of Snake river, where the line between township one (1) south, range one (1) west, and township one (1) south, range two (2) west, crosses said river;

Eastern boundary. Thence north to the northwest corner of township one (1) north, range one (1) west; thence east to the southeast corner of section thirty-two (32), township two (2) north, range one (1) west; thence north to the northwest corner of section four (4), township three (3) north, range one (1) west; thence west to the northwest corner of township three (3) north, range one (1) west; thence north to the northwest corner of township five (5) north, range one (1) west (R.C., section 23h);

Northern boundary. Thence west on the township line between townships five (5) and six (6), to the southwest corner of section thirty-one (31), township six (6) north, range three (3) west (1915, ch. 165, section 2, p. 363; 1917, ch. 11, section 2, p. 15); thence south on range line between ranges three (3) and four (4), one-half (1/2) mile to the east quarter corner of section one (1), township five (5) north, range four (4) west; thence west along the center line of sections one (1) and two (2), said township and range, two (2) miles to the east quarter corner of section three (3), said township and range; thence south along the section line one-half (1/2) mile to the southeast corner of section three (3), said township and range; thence west along the section line three (3) miles to the southwest corner of section five (5), said township and range; thence north along the section line one (1) mile to the northwest corner of section five (5), said township and range; thence west along the township line between townships five (5) and six (6) north, two (2) miles to the southwest corner of section thirty-six (36), township six (6) north, range five (5) west; thence north along the section line one (1) mile to the northwest corner of section thirty-six (36), said township and range; thence west along the section line one (1) mile to the southwest corner of section twenty-six (26), said township and range; thence north along the section line one (1) mile to the southwest corner of section twenty-three (23), said township and range; thence west along the section line two (2) miles to the southwest corner of section twenty-one (21), said township and range; thence north along the section line three (3) miles to the northwest corner of section nine (9), said township and range; thence west along the section line one and one-half (1 1/2) miles, more or less, to an intersection with the west line of the state of Idaho (1917, ch. 11, section 2, p. 15);

Western boundary. Thence up the middle of the channel of Snake river to the boundary line between Idaho and Oregon; thence south along the boundary line between Idaho and Oregon to the middle of Snake river;

Southern boundary. Thence up the middle of the channel of Snake river to the place of beginning (R.C., section 23h).

County seat–Caldwell.

History:

[(31-116) Compiled and reen. C.L. 3:16; C.S., sec. 20; I.C.A., sec. 30-116.]
Idaho Code § 31-809A — Idaho Code / Title 31 / Chapter 8 / Section 31-809A
31-809A COUNTY ELECTION FUND.
Status: in_force

31-809A. county election fund. There is hereby created the county election fund which shall be established in each county by resolution adopted at a public meeting of the board of county commissioners. Funds received from the state or political subdivisions for conducting elections shall be deposited into this fund. Funds also budgeted by the county to conduct the primary and general elections may be deposited or transferred into the county election fund. Funds deposited in the county election fund may be accumulated from year to year or expended on a regular basis and shall be used to pay for all costs in conducting political subdivision elections.

History:

[31-809A, added 2009, ch. 341, sec. 16, p. 1003.]
Idaho Code § 31-2406 — Idaho Code / Title 31 / Chapter 24 / Section 31-2406
31-2406 CERTIFICATES OF SALE.
Status: in_force

31-2406. Certificates of sale. The recorder must keep in his office a book to be called "Certificates of sale," and record therein all certificates of sale of real estate sold under execution or under order made in any judicial proceeding. He must also prepare an index thereto, in which he must enter, in separate columns, the names of the plaintiff in the execution, the defendant in the execution, the purchaser at the sale, and the date of the sale.

History:

[(31-2406) R.S., sec. 2026; am. and reen. R.C. & C.L., sec. 2065; C.S., sec. 3638; I.C.A., sec. 30-1906.]
Idaho Code § 31-4913 — Idaho Code / Title 31 / Chapter 49 / Section 31-4913
31-4913 LIMITATION ON ACTIONS.
Status: in_force

31-4913. Limitation on actions. No direct or collateral action attacking or questioning the validity of any bonds or other indebtedness of a district shall be brought after the elapse of forty (40) days from and after the adoption of the resolution authorizing the issuance of such bonds or the incurring of such indebtedness.

History:

[31-4913, added 1990, ch. 390, sec. 1, p. 1091.]
Idaho Code § 31-1801 — Idaho Code / Title 31 / Chapter 18 / Section 31-1801
31-1801 DRAWING EXPENSES IN ADVANCE.
Status: in_force

31-1801. Drawing expenses in advance. In each instance where the duties of the sheriff of any county require him, in his official capacity, to incur traveling and hotel expenses, training, or any duty requiring the need of a warrant, for himself or his deputies, he may, prior to the incurring thereof, make demand on the county auditor for a warrant on the county treasurer and shall receive a sum not to exceed the amount set aside under the provisions of section 31-1802, Idaho Code, to be used for the purpose of defraying the whole or a part of said traveling and hotel expenses, training, or any duty requiring the need of a warrant. At the time demand is made on the county auditor for said warrant it shall be the duty of the sheriff to file with the auditor a statement specifying the general purpose for which the sum to be withdrawn is to be used.

History:

[(31-1801) 1921, ch. 228, sec. 1, p. 516; I.C.A., sec. 30-1301; am. 1989, ch. 44, sec. 1, p. 56; am. 2003, ch. 40, sec. 2, p. 161.]
Idaho Code § 31-807 — Idaho Code / Title 31 / Chapter 8 / Section 31-807
31-807 MANAGEMENT OF COUNTY PROPERTY.
Status: in_force

31-807. Management of county property. A board of county commissioners shall have the power and authority to purchase, receive by donation, or lease any real or personal property necessary for the use of the county; preserve, take care of, manage and control the county property, but no purchase of real property must be made unless the value of the same has been previously estimated by a real estate appraiser licensed to appraise real property in the state of Idaho pursuant to the provisions of chapter 41, title 54, Idaho Code, and no more than the appraised value must be paid therefor. However, if the county assessor determines that the value of the real property is five thousand dollars ($5,000) or less, then the appraisal provided in this section shall not be required.

History:

[(31-807) R.S., sec. 1759; R.C., sec. 1917g, as added by 1913, ch. 143, sec. 2, p. 507; reen. C.L., sec. 1917g; C.S., sec. 3422; I.C.A., sec. 30-707; am. 1999, ch. 215, sec. 1, p. 573.]
Idaho Code § 31-122 — Idaho Code / Title 31 / Chapter 1 / Section 31-122
31-122 ELMORE COUNTY.
Status: in_force

31-122. Elmore county. Elmore county is described as follows: beginning at a point on the top of the Sawtooth range of mountains, where the counties of Blaine, Boise, Custer and Elmore unite;

Eastern boundary. Thence in a southerly direction along the summit of the Sawtooth mountains to a point where the trail crosses the summit of what is known as the Mattingly Creek divide; thence in a southerly direction along the main divide between the middle fork and the south fork of the Boise river to a point on the divide between Willow creek and Bear creek; thence in a southerly direction on the main divide between Willow creek and Skeleton creek to the center of the channel of the south fork of the Boise river; thence down the channel of said river to the point of intersection with the range line between ranges eleven (11) and twelve (12) east, approximately in township three (3) north; thence south on the range line between ranges eleven (11) and twelve (12) east, to Snake river;

Southern boundary. Thence down the center of the channel of Snake river to a point where the section line between sections thirty-three (33) and thirty-four (34), township five (5) south, range four (4) east, Boise meridian crosses said Snake river;

Western boundary. Thence in a northerly direction along the north and south center line of townships five (5), four (4), three (3), two (2) and one (1) south, range four (4) east, Boise meridian, to the base line and thence in a northerly direction along the north and south center line of townships one (1), two (2) and three (3) north, range four (4) east, Boise meridian, to a point in the center of the channel of the Boise river where the section line between sections fifteen (15) and sixteen (16), township three (3) north, range four (4) east, Boise meridian, crosses said Boise river;

Northern boundary. Thence upon and along the boundary line of the county of Boise to the place of beginning.

County seat–Mountain Home.

History:

[(31-122) Compiled and reen. C.L. 3:20; am. 1919, ch. 109, sec. 1, p. 391; C.S., sec. 26; am. 1923, ch. 136, sec. 1, p. 200; am. 1925, ch. 26, sec. 1, p. 38; I.C.A., sec. 30-122.]
Idaho Code § 31-4110 — Idaho Code / Title 31 / Chapter 41 / Section 31-4110
31-4110 BOARD OF TRUSTEES — APPOINTMENT — TERM.
Status: in_force

31-4110. Board of trustees — Appointment — Term. The board of county commissioners, on the creation of the district, and as part of the order creating the district, shall appoint a board of not less than five (5) nor more than nine (9) trustees to administer the affairs of the district. Each of the trustees shall be a resident real property owner from within the translator district. The trustees appointed at the time of the creation of the district shall be appointed for staggered terms of one (1), two (2), and three (3) years in the discretion of the board of county commissioners and if more than one (1) county is involved, at least one (1) of the trustees shall be appointed from each county or portion of county included within the district. The trustees appointed at the time of formation of the district shall hold office for the term of their respective appointment or until his successor is appointed and qualified; at the end of the respective terms of the trustee, the then board of county commissioners shall appoint a new trustee for a three (3) year term, and in the event of a vacancy by death, resignation, removal from the district or otherwise, a trustee shall be appointed by the board of county commissioners to fill the vacancy to the end of the term of the trustee causing the vacancy.

History:

[31-4110, added 1969, ch. 308, sec. 10, p. 944.]
Idaho Code § 31-817 — Idaho Code / Title 31 / Chapter 8 / Section 31-817
31-817 FILLING OF VACANCIES.
Status: in_force

31-817. Filling of vacancies. To fill by appointment all vacancies that may occur in county offices, except in members of the county board.

History:

[(31-817) R.S., sec. 1759; R.C., sec. 1917q, as added by 1913, ch. 143, sec. 2, p. 508; reen. C.L., sec. 1917q; C.S., sec. 3432; I.C.A., sec. 30-723; am. 1989, ch. 73, sec. 10, p. 122.]
Idaho Code § 31-3414 — Idaho Code / Title 31 / Chapter 34 / Section 31-3414
31-3414 REPAYMENT BY RECIPIENT.
Status: in_force

31-3414. Repayment by recipient. By acceptance of county assistance an applicant agrees to repay the county for all or any portion of expenses paid, when the board finds the applicant is able to repay all or any portion of the charges over a reasonable period of time and/or has assets which can be encumbered for future repayment. Reimbursement for assistance shall be credited to the county indigent fund and need not be budgeted or appropriated in the manner required in chapter 16, title 31, Idaho Code, but shall be available for expenditure at any time for the purposes of the county indigent fund.

The board may provide for work repayment at no less than minimum wage, by such recipients as are employable.

Upon payment of charges for an indigent person, the county making the payment shall become subrogated to all the rights of the provider and to all rights of the indigent person or their legal representatives against any third parties who may be liable for such nonmedical charges. The county's right of subrogation in no way relieves the applicant or provider of responsibility as delineated in sections 31-3404, 31-3409, 31-3413 and 31-3415, Idaho Code.

History:

[31-3414, added 1992, ch. 83, sec. 3, p. 262.]
Idaho Code § 31-139 — Idaho Code / Title 31 / Chapter 1 / Section 31-139
31-139 OWYHEE COUNTY.
Status: in_force

31-139. Owyhee county. Owyhee county is described as follows: beginning on the Snake river at the mouth of Owyhee river;

Western boundary. Thence south along the eastern boundary line of the state of Oregon to the northern boundary of the state of Nevada;

Southern boundary. Thence east along the northern boundary of the state of Nevada (1 Ter. Sess. 628) to the thirty-eighth (38th) meridian of longitude west from Washington;

Eastern boundary. Thence north along the said meridian to the south boundary of township 7 south range 12 east. Thence west along the south boundary of township 7 south ranges 12, 11, 10 and 9 east to the southwest corner of township 7 south range 9 east. Thence north along the west boundary of township 7 south range 9 east to the northwest corner of said township. Thence east to the southwest corner of township 6 south range 9 east. Thence north along the west boundary of said township to the Snake river;

Northern boundary. Thence down the channel of the Snake river in a westerly direction to the mouth of the Owyhee river, the place of beginning.

County seat — Murphy.

History:

[(31-139) Compiled and reen. C.L. 3:36; C.S., sec. 43; I.C.A., sec. 30-139; am. 1999, ch. 35, sec. 1, p. 73.]
Idaho Code § 31-3902 — Idaho Code / Title 31 / Chapter 39 / Section 31-3902
31-3902 COUNTY TREASURERS TO ESTABLISH AMBULANCE SERVICE FUND.
Status: in_force

31-3902. County treasurers to establish ambulance service fund. The county treasurer of each county in which an ambulance service has been established pursuant to section 31-3901, Idaho Code, prior to July 1, 2020, shall establish a fund to be designated as the ambulance service fund and used exclusively for the purposes of section 31-3901, Idaho Code.

History:

[31-3902, added 1963, ch. 278, sec. 2, p. 712; am. 2020, ch. 209, sec. 2, p. 603.]
Idaho Code § 31-4106 — Idaho Code / Title 31 / Chapter 41 / Section 31-4106
31-4106 FILING OF PETITION.
Status: in_force

31-4106. Filing of petition. The petition shall be filed with the county clerk and recorder of all counties in which the signers on the petition are located. If the petition is filed with more than one (1) county clerk and recorder each petition shall state the number of signing petitioners and the name of the county where the greater number of petitioners reside. Upon the filing of the petition or petitions the county clerk and recorder shall examine the petition and certify whether the required number of petitioners have signed the petition. In the event more than one (1) county is involved, the county or counties that have the fewer number of petitioners shall transmit the petition to the county clerk and recorder of the county containing the greater number of petitioners. The county clerk and recorder in the county containing the greater number of petitioners, shall, within thirty (30) days following the receipt of the petitions, transmit the petitions to the board of county commissioners of the county in which the greatest number of petitioners reside, together with his certificate, and the certificates of any other county clerk and recorder as to the sufficiency of the petition.

History:

[31-4106, added 1969, ch. 308, sec. 6, p. 944.]
Idaho Code § 31-5208 — Idaho Code / Title 31 / Chapter 52 / Section 31-5208
31-5208 OTHER OFFICES.
Status: in_force

31-5208. Other offices. (1) The resolution or petition to adopt the commission-executive 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 31-5209 through 31-5214, 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, or such earlier election date, subject to the provisions of section 34-106, Idaho Code, as provided in the petition or resolution.

History:

[31-5208, added 1996, ch. 283, sec. 3, p. 926.]
Idaho Code § 31-208 — Idaho Code / Title 31 / Chapter 2 / Section 31-208
31-208 VOTING FOR REMOVAL OF COUNTY SEAT.
Status: in_force

31-208. Voting for removal of county seat. The voting for the removal of any county seat shall be by ballot, and each ballot shall have printed or written thereon the words stated in section 31-214, Idaho Code. Such ballot shall be smaller than the general election ballots and shall be officially stamped, and there shall be printed or written thereon the words "county seat ballot," and any elector who is registered as provided in title 34, Idaho Code, and who, in addition to being qualified to vote for county officers, has resided in the county six (6) months and in the precinct ninety (90) days, shall be permitted to vote for or against the removal of the county seat by handing to one (1) of the judges of election a county seat ballot, at the same time announcing that he is entitled to vote on the question of the removal of the county seat. If the judges of election are of the opinion that the said elector is entitled to vote on the question of the removal of the county seat, his ballot shall then be deposited in the ballot box, and the clerks of election shall write opposite his name in brackets the words "county seat" or "county division," as the case may be.

History:

[(31-208) 1890-1891, p. 57, sec. 125; reen. 1899, p. 33, sec. 112; am. R.C. & C.L., sec. 473; C.S., sec. 657; I.C.A., sec. 30-208; am. 2022, ch. 111, sec. 13, p. 377.]
Idaho Code § 31-4218 — Idaho Code / Title 31 / Chapter 42 / Section 31-4218
31-4218 POWERS TO SECURE PAYMENT OF BONDS.
Status: in_force

31-4218. Powers to secure payment of bonds. In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of such bonds or obligations, an authority, in addition to its other powers, shall have power:

(a) To pledge all or any part of its gross or net rents, fees or revenues to which its right then exists or may thereafter come into existence.

(b) To mortgage all or any part of its real or personal property then owned or thereafter acquired.

(c) To covenant against pledging all or any part of its rents, fees and revenues, or against permitting or suffering any lien on such revenues or property; to covenant with respect to limitations on its right to sell, lease or otherwise dispose of any housing project or any part thereof; and to covenant as to what other, or additional debts or obligations may be incurred by it.

(d) To covenant as to the bonds to be issued and as to the issuance of such bonds in escrow or otherwise, and as to the use and disposition of the proceeds thereof; to provide for the replacement of lost, destroyed or mutilated bonds; to covenant against extending the time for the payment of its bonds or interest thereon; and to redeem the bonds, and to covenant for the redemption and to provide the terms and conditions thereof.

(e) To covenant, subject to the limitations contained in this act, as to the rents and fees to be charged in the operation of a housing project or projects, the amount to be raised each year or other period of time by rents, fees and other revenues, and as to the use and disposition to be made thereof; to create or to authorize the creation of special funds for moneys held for construction or operating costs, debt service, reserves or other purposes, and to covenant as to the use and disposition of the moneys held in such funds.

(f) To prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given.

(g) To covenant as to the use of any or all of its real or personal property; and to covenant as to the maintenance of its real and personal property, the replacement thereof, the insurance to be carried thereon and the use and disposition of insurance moneys.

(h) To covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition or obligation; and to covenant and prescribe as to default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity, and to the terms and conditions upon which such declaration and its consequences may be waived.

(i) To vest, in trustee or trustees or the holders of bonds or any proportion of them, the right to enforce the payment of the bonds or any covenants securing or relating to the bonds; to vest in a trustee or trustees the right, in the event of a default by said authority, to take possession of any housing project or part thereof, and, so long as said authority shall continue in default, to retain such possession and use, operate and manage said project, and to collect the rents and revenues arising therefrom and to dispose of such moneys in accordance with the agreement of the authority with said trustee, to provide for the powers and duties of a trustee or trustees and to limit the liabilities thereof; and to provide the terms and conditions upon which the trustee or trustees or the holders of bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds.

(j) To exercise all or any part or combination of the powers herein granted; to make covenants other than and in addition to the covenants herein expressly authorized, of like or different character; to make such covenants as will tend to make the bonds more marketable, notwithstanding that such covenants, acts or things may not be enumerated herein.

History:

[31-4218, added 1970, ch. 211, sec. 18, p. 584; am. 2001, ch. 260, sec. 5, p. 940.]
Idaho Code § 31-5104 — Idaho Code / Title 31 / Chapter 51 / Section 31-5104
31-5104 STUDY COMMISSION — ORGANIZATION — MEETINGS — CONDUCT OF BUSINESS.
Status: in_force

31-5104. Study commission — Organization — Meetings — Conduct of business. (1) The commission shall meet within thirty (30) days of its appointment and shall organize by electing from its members a chairman, a vice-chairman, and a clerk-secretary.

(2) Meetings of the study commission shall be held upon the call of the chairman, the vice-chairman in the absence or inability of the chairman, or a majority of the members. A majority of the members of the study commission constitutes a quorum for the transaction of business.

(3) All meetings, hearings and deliberations of the commission shall be subject to the provisions of chapter 2, title 74, Idaho Code.

(4) The commission may prepare a proposed budget for its operation which shall be submitted to the governing body for approval.

(5) The commission may adopt rules governing its own organization and procedure.

(6) The commission shall keep written records of its proceedings and appropriate financial records. All such records shall be open for public inspection at the offices of the study commission during regular office hours.

(7) Subject to the approval of the governing body, the commission may employ and fix the compensation and duties of necessary research, clerical, legal and other staff.

(8) Upon the request of the chairman of the study commission, the officers and employees of state agencies, other counties and other units of local government shall furnish or make available to the commission such information as may be necessary for carrying out the commission's function.

(9) The commission may apply for and accept available private, state and federal funds and may accept donations from any source.

(10) A study commission may establish advisory boards and committees, including on them persons who are not members of the study commission.

(11) The governing body shall provide the commission with suitable space and access to county facilities for holding public hearings, may contribute clerical and other assistance to the commission, and shall provide the members and staff of the commission with information and assistance necessary to conduct a complete study of county government.

History:

[31-5104, added 1996, ch. 283, sec. 2, p. 921; am. 2015, ch. 141, sec. 59, p. 421.]
Idaho Code § 31-3705 — Idaho Code / Title 31 / Chapter 37 / Section 31-3705
31-3705 APPOINTMENT AND REMOVAL OF BOARD MEMBERS — OFFICERS — MEETINGS.
Status: in_force

31-3705. Appointment and removal of board members — Officers — Meetings. In cases where the city and county are jointly operating such hospital, and where a hospital or hospitals are being operated by a joint county-city hospital authority, the members of said hospital board or board of trustees shall be appointed by the board of county commissioners and the city council in such manner as may be agreed between them, and where either county or city is alone operating the jointly owned hospital, by the board of county commissioners of the county or the council of the city which is so operating the same. All members of the board shall be subject to removal at any time by the body appointing them, but unless removed shall hold office until the second Monday in the first month of the hospital's fiscal year next following the date of their appointment and until their successors are appointed and qualified; provided, that members of the board of trustees of a joint county-city hospital authority may be removed only for conviction of a felony, mental incapacity, failure to attend meetings of the board as required in the bylaws of the board, or other good and sufficient cause.

The officers of the hospital board shall be a president, secretary and treasurer and such other officers as the board shall designate, all of whom shall be elected by such board. The president must be a member of the board but the secretary and treasurer need not be. It shall be the duty of the secretary of the board to keep an accurate and complete record of all acts and proceedings of the board. It shall be the duty of the treasurer to have custody of all funds coming into the custody of the board and he shall perform such other duties as are herein specified, and he shall give bond in such amount as shall be fixed by the board in the same manner and on the same terms and conditions as required for the official bonds of county officers. All officers of the hospital board shall be subject to removal by said board at any time. The hospital board and any of its officers or members may be paid reasonable compensation as shall be authorized by the board and/or council authorized to appoint the members of the board.

Meetings of the hospital board shall be held at such time and place and under such rules and regulations as the board may establish. A majority of the board shall constitute a quorum for the transaction of business, and a majority vote of the members present at any meeting properly called shall govern as to all questions coming before the meeting.

History:

[31-3705, added 1935, ch. 125, sec. 2, p. 293; am. 1982, ch. 348, sec. 1, p. 863; am. 1995, ch. 221, sec. 3, p. 766.]
Idaho Code § 31-901 — Idaho Code / Title 31 / Chapter 9 / Section 31-901
31-901 CANCELATION OR ADJUSTMENT OF TAXES.
Status: in_force

31-901. Cancelation or adjustment of taxes. Whenever, in matters relating to reclamation, drainage and drought relief, the board of county commissioners shall deem it necessary or desirable to cooperate with any department or agency of the government of the United States authorized to make loans to irrigation or drainage districts, or loans on real property or farm crops, or with any agency or corporation created or organized under any act of congress and authorized to make such loans, including the Reconstruction Finance Corporation, the Home Owners' Loan Corporation, the Federal Housing Administration and the Farm Credit Administration, and any agency or corporation operating under the supervision of said Farm Credit Administration or Federal Housing Administration, in order to make available to the people of any district or community within the county the benefits that may accrue from the loaning of money to or in such district or community by any such agency or agencies, and if, in the judgment of the board, the public interest and common welfare require that any ad valorem tax be canceled or otherwise adjusted in order to effect such cooperation and make available the benefits herein referred to, and if it be found that the cancelation or adjustment of such taxes will not be detrimental to the interest of the county or the tax-levying bodies affected thereby, the board of county commissioners, if the tax be a lien upon real property in such county, shall have power and authority to cancel or otherwise adjust such tax upon the conditions and in the manner and for the purpose herein set forth, if it finds and determines that one (1) or more of the following conditions exist:

(a) The lands upon which the tax is a lien are situated in an irrigation project having a water right so inadequate, uncertain and undependable that the landowners have found it necessary to reorganize and readjust the project by eliminating a substantial acreage therefrom and transferring the water rights appurtenant to the lands eliminated to the remaining lands in order to assure the production of normal crops on the lands retained in the project, and that it is believed that the lands retained in the project, upon the consummation of the readjustment, will be able to pay the taxes thereafter levied against such lands, and that the cancelation or adjustment of the taxes theretofore levied is deemed necessary to accomplish a readjustment of the project and make available to the farmers and landowners thereon the benefits that may be had from any such lending agency or agencies; or

(b) The lands on which such taxes are a lien are located within an irrigation or drainage district or are served by an incorporated water company which is refinancing its outstanding indebtedness, the payment of which is a charge against such lands, on a substantially reduced basis, and that the cancelation or adjustment of such tax is necessary in order to enable such district or company to obtain such reduction and refinancing of its indebtedness, and that by such action the lands will be enhanced in value and become better able to pay the taxes thereafter levied and assessed against such lands and will thereby by qualified to receive the benefits that may be had from any such lending agency or agencies; or

(c) The irrigation or drainage works serving such lands, or dikes protecting the same against overflow, have been damaged or destroyed by flood or other unforeseen casualty, or are in such condition that it is impossible to finance the necessary repair or reconstruction of such works through or with the aid of any such lending agency or agencies, without an adjustment of the unpaid taxes on the lands affected thereby.

History:

[31-901, added 1935 (1st E.S.), ch. 52, sec. 1, p. 137.]
Idaho Code § 31-803 — Idaho Code / Title 31 / Chapter 8 / Section 31-803
31-803 DIVISION OF COUNTY INTO DISTRICTS.
Status: in_force

31-803. Division of county into districts. To divide the counties into election precincts, road and other districts required by law, change the same and create others, as convenience requires.

History:

[(31-803) R.S., sec. 1759; R.C., sec. 1917b, as added by 1913, ch. 143, sec. 2, p. 506; reen. C.L., sec. 1917b; C.S., sec. 3417; am. 1931, ch. 51, sec. 1, p. 85; I.C.A., sec. 30-703; am. 1970, ch. 120, sec. 1, p. 284; am. 1989, ch. 73, sec. 3, p. 118.]
Idaho Code § 31-2002 — Idaho Code / Title 31 / Chapter 20 / Section 31-2002
31-2002 INVESTIGATIONS AND ACTIONS AGAINST COUNTY ELECTED OFFICERS — DUTIES OF ATTORNEY GENERAL.
Status: in_force

31-2002. investigations and actions against county elected officers — duties of attorney general. (1) Notwithstanding any provision of law to the contrary, the attorney general may conduct an investigation of any allegation of a violation of state criminal law against a county officer occupying an elective office for violation of state criminal law in his official capacity.

(2) Upon completion of the investigation, the attorney general shall:

(a) Issue a finding of no further action necessary;

(b) Suggest training or other nonjudicial remedies; or

(c) Determine that further investigation or prosecution is warranted and retain the matter and act as special prosecutor.

(3) In furtherance of the duty to conduct investigations set forth in the provisions of this section, the attorney general shall have the authority to issue subpoenas for the production of documents or tangible things that may be relevant to such investigations.

(4) For purposes of this section, a county officer occupying an elective office shall be deemed to have performed an act in his "official capacity" when such act takes place while the officer is working or claims to be working on behalf of his employer at his workplace or elsewhere, while the officer is at his workplace whether or not he is working at the time, and when such act involves the use of public property or equipment of any kind or involves the expenditure of public funds.

(5) Nothing in this section shall be construed to:

(a) Provide the attorney general with exclusive jurisdiction to conduct an investigation of an allegation of a violation of state criminal law against a county officer occupying an elective office for violation of state criminal law in his official capacity; or

(b) Preclude a county prosecuting attorney from investigating and prosecuting such violation or referring such violation to a neighboring county for investigation and prosecution.

History:

[31-2002, added 2014, ch. 280, sec. 1, p. 707; am. 2016, ch. 135, sec. 1, p. 399; am. 2025, ch. 296, sec. 1, p. 1230.]
Idaho Code § 31-412 — Idaho Code / Title 31 / Chapter 4 / Section 31-412
31-412 RESULT OF VOTE.
Status: in_force

31-412. Result of vote. When an election has been held, as in this act provided, and the county board of canvassers in each of said counties have found and declared that two-thirds (2/3) of the voters in each county who have voted for or against such consolidation have voted in favor of such consolidation, then, on and after the second Monday in December next thereafter, said counties are consolidated under the name of the county with which such consolidation was effected, and the county consolidated shall, on and after said date, cease to exist. Where such consolidation occurs, the terms of office of all county officers in the county which has been consolidated shall automatically terminate.

History:

[31-412, added 1933, ch. 135, sec. 12, p. 206.]
Idaho Code § 31-2229 — Idaho Code / Title 31 / Chapter 22 / Section 31-2229
31-2229 SEARCH AND RESCUE.
Status: in_force

31-2229. Search and rescue. (1) For the purpose of this section:

(a) "Aerial search" means a response by the Idaho office of emergency management and the Idaho transportation department's division of aeronautics to a missing or overdue aircraft or airman.

(b) "Rescue" means a response by the sheriff to recover lost, missing, injured, impaired or incapacitated persons in imminent danger of injury or death.

(c) "Search" means a response by the sheriff to locate an overdue, missing or lost person.

(2) The sheriff of each county shall:

(a) Be the official responsible for command of all search and rescue operations within the county;

(b) Prepare and keep current a plan to command the search and rescue capabilities and resources available within the county.

(3) All aerial search assets shall be under the coordination of the Idaho transportation department's division of aeronautics. The ground aspects of the search and rescue of lost aircraft and airmen shall be under the supervision of the county sheriff, in coordination with the chief of the Idaho office of emergency management and the administrator of the division of aeronautics.

(4) Nothing in subsection (2) of this section shall apply to search and rescue operations within the incorporated limits of any city when the city performs such service.

(5) Nothing in subsection (2) of this section shall apply to the rescue of entrapped or injured persons where their location is known to be within a fire district where the fire district performs such service.

(6) Nothing contained in subsection (2) of this section shall apply to the removal of entrapped or injured persons where the person's location is known to a local EMS agency licensed by the state of Idaho.

History:

[31-2229, added 2008, ch. 39, sec. 2, p. 94; am. 2016, ch. 118, sec. 2, p. 331.]
Idaho Code § 31-2707 — Idaho Code / Title 31 / Chapter 27 / Section 31-2707
31-2707 COUNTY SURVEYS TO BE MADE BY PROFESSIONAL LAND SURVEYOR.
Status: in_force

31-2707. County surveys to be made by professional land surveyor. All surveys, maps and plats ordered by the board of county commissioners shall be made by a professional land surveyor retained by the board who shall be paid such fee as may be fixed and agreed upon.

History:

[(31-2707) 1897, p. 19, sec. 8; reen. 1899, p. 295, sec. 8; reen. R.C. & C.L., sec. 2093; C.S., sec. 3672; I.C.A., sec. 30-2207; am. 1963, ch. 90, sec. 3, p. 286; am. 1989, ch. 101, sec. 2, p. 235.]
Idaho Code § 31-3507 — Idaho Code / Title 31 / Chapter 35 / Section 31-3507
31-3507 LEASE OR SALE.
Status: in_force

31-3507. Lease or sale. Such counties acting through their county commissioners shall have the right to lease such hospitals upon such terms and for such a length of time as they may decide, or to sell the same; provided, however, that no such lease or sale, except those leases entered into between such counties and the Idaho health facilities authority as provided in section 31-836, Idaho Code, shall be final or valid unless and until it has been approved by a majority of the qualified electors of said county voting on such question at an election held subject to the provisions of section 34-106, Idaho Code; except if a hospital district has been created under the provisions of chapter 13, title 39, Idaho Code, county commissioners shall have the right to lease, as provided in section 31-836, Idaho Code, such hospitals within a created hospital district to the hospital district without submitting the question of lease or sale to the qualified electors of the county or the respective hospital district.

History:

[(31-3507) 31-3515, added 1974, ch. 302, sec. 12, p. 1769; am. 1978, ch. 42, sec. 2, p. 76; am. 1980, ch. 57, sec. 1, p. 115; am. 1995, ch. 118, sec. 34, p. 458; am. 2010, ch. 273, sec. 25, p. 707; am. and redesig. 2022, ch. 318, sec. 36, p. 1023.]
Idaho Code § 31-5807 — Idaho Code / Title 31 / Chapter 58 / Section 31-5807
31-5807 POWERS OF COUNTY UNDER CHARTER.
Status: in_force

31-5807. Powers of county under charter. A county, by charter, may have and exercise all of the powers, duties, privileges and rights available to a county under the constitution and laws of the state of Idaho. The enumeration of powers in a charter shall not expand the county's powers granted by the constitution or laws of the state of Idaho, nor shall a charter limit or prohibit the performance of duties required to be performed by the county under the constitution or laws of the state of Idaho. In the event of any conflict between the provisions of a charter and the provisions of the constitution or statutes of the state of Idaho, or the United States, the constitution and statutes shall prevail.

History:

[31-5807, added 1996, ch. 129, sec. 1, p. 449.]
Idaho Code § 31-4401 — Idaho Code / Title 31 / Chapter 44 / Section 31-4401
31-4401 PURPOSE AND POLICY OF LAW.
Status: in_force

31-4401. Purpose and policy of law. It is hereby declared to be the public policy of the state of Idaho that solid waste disposal systems be established, maintained and operated in each of the several counties of the state for the purpose of reducing the threat to health posed by uncollected garbage, refuse and scrap; for the purpose of maintaining the natural and esthetic setting of our land, water and air resources; for the purpose of providing a means for reclamation of otherwise unusable land areas; and for the purposes of such other cultural, social, economic and sanitation reasons as may be necessary from time to time.

History:

[31-4401, added 1970, ch. 104, sec. 1, p. 259; am. 1971, ch. 61, sec. 1, p. 137; am. 1987, ch. 213, sec. 1, p. 454.]
Idaho Code § 31-822 — Idaho Code / Title 31 / Chapter 8 / Section 31-822
31-822 MAINTENANCE OF FAIR GROUNDS — TRANSFER OF PROPERTY TO FAIR DISTRICT.
Status: in_force

31-822. Maintenance of fair grounds — Transfer of property to fair district. To contract to purchase a site, grounds or parks on which to hold public fairs or exhibitions, to care for and maintain the same, regulate the use thereof and, in their discretion, to let, demise or lease the same to the state of Idaho or the department of agriculture for such public fair or exhibition purposes upon such terms and conditions and for such consideration as in their judgment shall best promote the holding of such public fairs or exhibitions. To make a special levy of one hundredths per cent (.01%) of market value for assessment purposes of taxable property within the county for the purpose of purchasing a site, grounds or park on which to hold public fairs or exhibitions and to erect upon said site, grounds or park suitable buildings and provide for the maintenance of said buildings. The funds raised by this levy may be allowed to accumulate until enough funds are available to make the desired purchase. On no account shall the funds raised by this levy and for the purpose of purchasing a site for county fairs or exhibitions, or for building upon and improving the same, be used for any other purpose. The board of county commissioners of any county, owning any grounds or parks with or without buildings and improvements thereon, held and maintained for public fairs or exhibitions may, upon such county becoming a member of or a part of a fair district, in their discretion and upon such terms and conditions as to them may be deemed advisable, offer to sell, and sell and transfer and convey by proper conveyance, to such fair district, the grounds or parks owned by such county and used for public fairs or exhibitions, provided, nevertheless, that any conveyance so made shall expressly provide that the grounds or parks shall be used for district fair purposes, and that upon failure of the district to use the said grounds or parks for a district fair for two (2) successive years, the said property so conveyed, shall revert back to the county making the conveyance.

History:

[(31-822) R.C., sec. 1917w, as added by 1915, ch. 22, p. 74; am. 1917, ch. 149, p. 471; reen. C.L., sec. 1917v; C.S., sec. 3437; am. 1927, ch. 71, sec. 1, p. 89; I.C.A., sec. 30-728; am. 1949, ch. 265, sec. 1, p. 534; am. 1989, ch. 73, sec. 13, p. 123.]
Idaho Code § 31-3703 — Idaho Code / Title 31 / Chapter 37 / Section 31-3703
31-3703 LEASE OR SALE OF HOSPITAL.
Status: in_force

31-3703. Lease or sale of hospital. Such city and county acting through the respective governing bodies of such municipality and county shall have the right to lease such hospital upon such terms and for such a length of time as they may decide, or to sell the same; provided, however, that no such leasing or sale shall be final or valid unless and until it has been approved by a majority of the qualified electors of such county and city voting on such question at an election called for that purpose, subject to the provisions of section 34-106, Idaho Code.

History:

[31-3703, added 1947, ch. 222, sec. 3, p. 534; am. 1995, ch. 118, sec. 37, p. 459.]
Idaho Code § 31-3702 — Idaho Code / Title 31 / Chapter 37 / Section 31-3702
31-3702 BOND ELECTION.
Status: in_force

31-3702. Bond election. The governing bodies of said county and city, when they deem the welfare of their respective municipalities requires it, and when petitioned thereto by a number of taxpayers, in the case of the city equal to thirty per cent (30%) of the number of persons voting for mayor of said city at the last city election held therein, and in the case of the county, when petitioned thereto by a number of resident taxpayers of such county equal to thirty per cent (30%) of the number of persons voting for the secretary of state of the state of Idaho at the last election preceding the date of such petition, shall submit to the qualified electors of such city or county, as the case may be, at any general election to be held therein, or at an election called therein by the governing bodies of such city or county, subject to the provisions of section 34-106, Idaho Code, the proposition whether the negotiable coupon bonds of such city and/or county to the amount stated in such proposition shall be issued and sold for the purposes mentioned and described in section 31-3701, Idaho Code; Provided, however, in case that either such city or county entering into such contract provided for in section 31-3701, Idaho Code, shall have already voted bonds of such city or county for the purpose of building therein a hospital, such city or county shall be authorized to use the proceeds of such bonds so already voted to pay for its proportionate part of the cost and expense of building, maintaining and operating the facilities provided for in section 31-3701, Idaho Code.

History:

[31-3702, added 1947, ch. 222, sec. 2, p. 534; am. 1995, ch. 118, sec. 36, p. 459.]
Idaho Code § 31-1407 — Idaho Code / Title 31 / Chapter 14 / Section 31-1407
31-1407 CANVASS BY BOARD OF COMMISSIONERS — VALIDITY OF ORGANIZATION.
Status: in_force

31-1407. Canvass by board of commissioners — Validity of organization. Immediately after any election for voting upon the organization of a fire protection district, the judges of said election shall forward the official results of said election to the clerk of said board of commissioners. The said board of commissioners shall meet within ten (10) days after said returns are received and shall proceed to canvass the votes cast at such election, and if, upon canvass, it shall appear that one-half (1/2) or more of said votes are "…. fire protection district, no," then a record of that fact shall be duly entered upon the minutes of said board, and all proceedings in regard to the organization of said district shall be void. If, however, it shall appear upon such canvass, that more than one-half (1/2) of the votes cast are "…. fire protection district, yes," the said board shall, by order entered on its minutes, declare such territory duly organized as a fire protection district under the name designated in the petition. After the election, the validity of the proceedings hereunder shall not be affected by any defect in the petition or in the number of qualifications of the signers thereof, and in no event shall any action be commenced or maintained or defense made affecting the validity of such organization after six (6) months from and after the making and entering of the order provided for in this section. Such board shall cause one (1) copy of such order, duly certified, to be filed for record in the office of the county recorder of the county in which said district is situated and shall transmit to the governor one (1) certified copy thereof.

From and after the date of such filing of said order of the board of county commissioners declaring such territory duly organized as a fire protection district, the organization of such district shall be complete.

If the district is to be situated in two (2) or more counties, the boards of county commissioners shall coordinate the canvass of the votes cast and make one (1) joint announcement. If a majority of the votes cast in any county are against the formation of the district, such rejection shall void the organization of the district in all counties.

History:

[31-1407, added 1943, ch. 161, sec. 7, p. 324; am. 1986, ch. 137, sec. 5, p. 369.]
Idaho Code § 31-3917 — Idaho Code / Title 31 / Chapter 39 / Section 31-3917
31-3917 HANDLING OF DISTRICT FUNDS.
Status: in_force

31-3917. Handling of district funds. (1) The tax receipts collected by the county as provided for in section 31-3916, Idaho Code, and other funds shall immediately be paid over by the county treasurer to the treasurer of the ambulance service district, who shall deposit the same in a bank and be handled in the manner prescribed by the state depository law, and all other funds received by or on behalf of the district shall be deposited by the treasurer to the credit of the district fund and shall be drawn upon voucher and by check bearing the signature of the treasurer and at least one (1) commissioner or, in the event that the treasurer is unavailable, checks may be signed by two (2) commissioners. Upon written resolution of the board, checks may be signed by designated representatives who have been bonded in amounts deemed appropriate by the board.

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

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

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

History:

[31-3917, added 2020, ch. 209, sec. 15, p. 612.]
Idaho Code § 31-5304 — Idaho Code / Title 31 / Chapter 53 / Section 31-5304
31-5304 BOARD OF COUNTY COMMISSIONERS — OPTIONAL SIZE — DISTRICTS TO BE REDRAWN.
Status: in_force

31-5304. Board of county commissioners — Optional size — Districts to be redrawn. (1) The legislative authority of the county shall be vested in a board of county commissioners comprised of three (3), five (5) or seven (7) members. The petition or resolution shall specify the size of the board of county commissioners and shall indicate the term of office of the commission, as provided in section 31-5305, Idaho Code. In no event shall the term of office of any incumbent member of the board of county commissioners be affected as a result of an increase in the size of the board of county commissioners under the provisions of this chapter.

(2) If the size of the board of county commissioners is increased, at the regular meeting of the board in January, preceding any election of additional county commissioners, the board must divide the county into the number of districts equal to the number of commissioners approved by the electors. The districts established shall be as nearly equal in population as possible. The redrawing of an existing district which places the incumbent county commissioner for that district outside of its boundaries shall not disqualify or otherwise affect the qualifications of the commissioner during his incumbency.

History:

[31-5304, added 1996, ch. 283, sec. 4, p. 929.]
Idaho Code § 31-4108 — Idaho Code / Title 31 / Chapter 41 / Section 31-4108
31-4108 HEARING — RESOLUTION ADOPTED — DESCRIPTION AND FINDING.
Status: in_force

31-4108. Hearing — Resolution adopted — Description and finding. At the time set for hearing the petition or petitions the board of county commissioners shall hear all persons who desire to be heard relative to the creation of a translator district. The board of county commissioners may, if they so desire and it appears to be desirable, adjourn the meeting for not to exceed thirty (30) days in time to further hear the petitioners and protestants, if any. After the hearing or hearings the board of county commissioners shall adopt a resolution either creating the proposed translator district or denying the petition. When the board of county commissioners creates the translator district they shall adopt a resolution describing the proposed system and describing the boundaries of the district, including type of construction, location, type and approximate cost of the installation and finding that the district will be conducive to the public interest and convenience and thereby the district shall be created.

History:

[31-4108, added 1969, ch. 308, sec. 8, p. 944.]
Idaho Code § 31-708 — Idaho Code / Title 31 / Chapter 7 / Section 31-708
31-708 DUTIES OF CLERK.
Status: in_force

31-708. Duties of clerk. The clerk of the board must:

1. Record all the proceedings of the board.

2. Make full entries of all their resolutions and decisions on all questions concerning the raising of money for, and the allowance of accounts against, the county.

3. Record the vote of each member on any question upon which there is a division, or at the request of any member present.

4. Sign all orders made and warrants issued by order of the board for the payment of money.

5. Record the reports of the county treasurer of the receipts and disbursements of the county.

6. Preserve and file all accounts acted upon by the board.

7. Preserve and file all petitions and applications for franchises; and record the action of the board thereon.

8. Record all orders levying taxes; and,

9. Perform all other duties required by law or any rule or order of the board.

History:

[(31-708) 1868, p. 100, sec. 6; R.S., sec. 1753; reen. R.C. & C.L., sec. 1911; C.S., sec. 3409; I.C.A., sec. 30-608.]
Idaho Code § 31-2808 — Idaho Code / Title 31 / Chapter 28 / Section 31-2808
31-2808 MAKING FINAL DISPOSITION OF HUMAN REMAINS PROHIBITED.
Status: in_force

31-2808. Making final disposition of human remains prohibited. No coroner or person acting as coroner who is a licensed funeral director or a licensed mortician, owner, or proprietor of any establishment engaged in making final disposition of human remains, and no establishment with which such coroner or person acting as coroner is associated, shall, except for ambulance services, perform any of the services of a funeral director or mortician or furnish any materials connected with or incidental to the final disposition of the remains of any person whose death is required by law to be investigated by such coroner or other person acting in that capacity. Any person who violates this section shall be guilty of a misdemeanor. Provided, however, that the provisions of this section shall not be applicable in counties wherein there is only one (1) licensed funeral establishment or in counties with a population of fewer than twenty thousand (20,000) people according to the most recent federal census.

History:

[31-2808, added 1959, ch. 160, sec. 1, p. 381; am. 1994, ch. 105, sec. 4, p. 235; am. 2002, ch. 58, sec. 1, p. 126; am. 2022, ch. 109, sec. 1, p. 364; am. 2025, ch. 90, sec. 1, p. 407; am. 2025, ch. 96, sec. 4, p. 513.]
Idaho Code § 31-3603 — Idaho Code / Title 31 / Chapter 36 / Section 31-3603
31-3603 MEMBERS OF BOARD.
Status: in_force

31-3603. Members of board. (1) The board of county commissioners shall, within thirty (30) days after the adoption of the order creating such board, appoint an odd number, not less than five (5) nor more than fifteen (15) persons, as members of such hospital board and shall make such appointments a matter of record in the minutes of the board. Provided however, if the appointed county commissioner member of the hospital board is appointed with voting privileges as provided in subsection (4) of this section, the board of county commissioners shall appoint another member to ensure that the county hospital board members appointed as provided in this subsection comprise an even number of members of not less than six (6) nor more than fourteen (14) persons.

(2) The county hospital board may, in its discretion, later change the number of members of the board, within the prescribed limits, but no such change in the number of members of the hospital board shall serve to terminate any terms to be served by present members of the hospital board.

(3) Vacancies on the county hospital board shall be filled by the board of county commissioners. In filling vacancies, the board of county commissioners shall review and consider, but shall not be bound by, a list of three (3) nominees for each position to be filled and submitted to them by the county hospital board. The members of the board shall be selected as nearly as practicable from the several localities of the county and shall qualify by taking and subscribing the usual oath of office. The county hospital board shall file with the board of county commissioners a blanket bond covering all of its members in the sum of not less than ten thousand dollars ($10,000) to be approved by the board of county commissioners, which bond shall have the conditions usually included in the bonds of public officers. The members of the county hospital board shall be selected without regard for partisan political affiliations.

(4) One (1) member of the board of county commissioners shall be appointed to the board either as an ex officio member without vote, or as a voting member, as determined by the board of county commissioners at the time of the appointment. If the county commissioner member is appointed as a voting member, the board of county commissioners shall also appoint another member to the hospital board as provided in subsection (1) of this section to ensure the board is comprised of an odd number of voting members.

(5) In addition to the appointed members of the county hospital board, the chief executive officer shall be an ex officio member of the county hospital board, but without vote.

History:

[31-3603, added 1946 (1st E.S.), ch. 38, sec. 3, p. 75; am. 1957, ch. 57, sec. 1, p. 98; am. 1973, ch. 98, sec. 1, p. 166; am. 1975, ch. 58, sec. 1, p. 122; am. 1977, ch. 139, sec. 1, p. 300; am. 1982, ch. 340, sec. 2, p. 852; am. 1997, ch. 147, sec. 1, p. 423.]
Idaho Code § 31-1601 — Idaho Code / Title 31 / Chapter 16 / Section 31-1601
31-1601 COMMENCEMENT OF COUNTY FISCAL YEAR.
Status: in_force

31-1601. Commencement of county fiscal year. The fiscal year of each county of this state shall commence on the first day of October of each year.

History:

[(31-1601) 1931, ch. 122, sec. 1, p. 210; I.C.A., sec. 30-1201; am. 1976, ch. 45, sec. 9, p. 127.]
Idaho Code § 31-815 — Idaho Code / Title 31 / Chapter 8 / Section 31-815
31-815 LICENSING OF TOLL ROADS, BRIDGES, AND FERRIES.
Status: in_force

31-815. Licensing of toll roads, bridges, and ferries. The board shall grant licenses and franchises, as provided by law, for construction of, keeping and taking tolls on roads, bridges and ferries, and fix the tolls and licenses; provided that the board need not grant licenses and franchises, as provided by law, for construction of, keeping and taking tolls on roads, bridges and ferries, and fix the tolls and licenses for those areas encompassed within the boundaries of a highway district formed pursuant to title 40, Idaho Code.

History:

[(31-815) R.S., sec. 1759; R.C., sec. 1917o, as added by 1913, ch. 143, sec. 2, p. 508; compiled and reen. C.L., sec. 1917o; C.S., sec. 3430; I.C.A., sec. 30-721; am. 1989, ch. 74, sec. 5, p. 129.]
Idaho Code § 31-3416 — Idaho Code / Title 31 / Chapter 34 / Section 31-3416
31-3416 VIOLATIONS AND PENALTY.
Status: in_force

31-3416. Violations and penalty. Any person who withholds information, or gives false or incomplete information on an application for the purposes of obtaining county aid to which they are not otherwise entitled, shall be guilty of a misdemeanor.

History:

[31-3416, added 1992, ch. 83, sec. 3, p. 262.]
Idaho Code § 31-4319 — Idaho Code / Title 31 / Chapter 43 / Section 31-4319
31-4319 ANNEXATION OF ADDITIONAL TERRITORY.
Status: in_force

31-4319. Annexation of additional territory. After the organization of a district, additional territory adjoining the district and not included within an already existing recreation district, whether located in one (1) or several counties, may be annexed to and included within such district by the affirmative vote of a majority of the qualified electors of such additional territory voting on the question at an election held therefor, subject to the provisions of section 34-106, Idaho Code, but such additional territory shall not be annexed to and included within such district unless such annexation and inclusion are first approved by resolution of the board of such district prior to the elections on the question of annexation. The same procedure with such modifications in the form of petition, notices, ballots, etc., as may be necessary shall be adopted as provided in section 31-4304, Idaho Code, except that no change shall be made in director's subdistricts until the next regular director's election and no appointment of any director shall be made by the board of county commissioners.

History:

[31-4319, added 1970, ch. 212, sec. 19, p. 599; am. 1995, ch. 118, sec. 41, p. 463; am. 2017, ch. 128, sec. 6, p. 302.]
Idaho Code § 31-881 — Idaho Code / Title 31 / Chapter 8 / Section 31-881
31-881 COUNTY PROHIBITIONS ON UTILITY CONNECTIONS.
Status: in_force

31-881. COUNTY PROHIBITIONS ON UTILITY CONNECTIONS. No county, incorporated or unincorporated area, special use district, or any other local government entity of any kind may enact or implement any resolution, policy, or ordinance that:

(1) Prohibits, or has the effect of prohibiting, the authorized connection or reconnection of an electric, natural gas, propane, or other energy utility service provided by a public utility, municipality, or cooperative utility;

(2) Restricts, or has the effect of restricting, the source of the electricity, natural gas, propane, or other energy utility service provided by a public utility, municipality, or cooperative utility; or

(3) Requires residents or businesses within the county to use a particular type or generation source of electricity, natural gas, propane, or other fuel.

History:

[31-881, added 2023, ch. 55, sec. 1, p. 207.]
Idaho Code § 31-404 — Idaho Code / Title 31 / Chapter 4 / Section 31-404
31-404 SIGNING OF PETITION — QUALIFICATIONS OF SIGNERS — PETITION OPEN TO INSPECTION.
Status: in_force

31-404. Signing of petition — Qualifications of signers — Petition open to inspection. Each person signing such petition shall write, or cause to be written, opposite his name the name or number of the precinct in which he resides; and no person shall be entitled to sign such petition unless he is, at the time of signing, a qualified elector of the county. Said petition shall, after filing as herein provided, be open to the inspection of the public.

History:

[31-404, added 1933, ch. 135, sec. 4, p. 206.]
Idaho Code § 31-2605 — Idaho Code / Title 31 / Chapter 26 / Section 31-2605
31-2605 RECEIPTS FOR MONEY COLLECTED.
Status: in_force

31-2605. Receipts for money collected. When any prosecuting attorney receives any money for fines, forfeitures, penalties or costs, he must deliver to the person paying the same duplicate receipts therefor, one (1) of which must be filed by such person in the office of the county auditor.

History:

[(31-2605) 1897, p. 74, sec. 4; reen. 1899, p. 24, sec. 4; am. and reen. R.C. & C.L., sec. 2083; C.S., sec. 3656; I.C.A., sec. 30-2105.]
Idaho Code § 31-2601 — Idaho Code / Title 31 / Chapter 26 / Section 31-2601
31-2601 QUALIFICATIONS.
Status: in_force

31-2601. Qualifications. No person shall be eligible to qualify for the office of prosecuting attorney who is not an attorney and counselor at law duly licensed to practice as such in the district courts of the state at the time he assumes office as prosecuting attorney. No prosecuting attorney shall hold any other county or state office during his term of office as prosecuting attorney provided, however, that a prosecuting attorney or a deputy prosecuting attorney may be appointed by the attorney general as a special assistant attorney general for the performance of duties pursuant to such appointment in any other county than the county in which such prosecutor or deputy prosecutor serves. Nothing in this section, as amended, shall be construed to authorize the appointment of a special assistant attorney general except upon the request in writing of the prosecuting attorney in the county in which such special assistant attorney general is to serve, nor shall this section authorize the appointment of a prosecuting attorney as special assistant attorney general without his consent.

History:

[(31-2601) 1897, p. 74, sec. 1; reen. 1899, p. 24, sec. 1; am. and reen. R.C. & C.L., sec. 2080; C.S., sec. 3653; I.C.A., sec. 30-2101; am. 1953, ch. 239, sec. 1, p. 360.]
Idaho Code § 31-2415 — Idaho Code / Title 31 / Chapter 24 / Section 31-2415
31-2415 FAILURE TO RECORD INSTRUMENT PROPERLY — LIABILITY AND PENALTY.
Status: in_force

31-2415. Failure to record instrument properly — Liability and penalty. If any recorder neglects or refuses or fails to record any instrument, paper or notice authorized by law to be recorded, in the manner provided for in sections 31-2412, 31-2413 and 31-2414, Idaho Code, he shall be liable to the party aggrieved for the amount of the damages which may be occasioned thereby, and for each such neglect or failure or refusal, whether damages are recovered by an aggrieved party or not, he shall pay into the current expense fund of his county the sum of fifty dollars ($50.00), which may be recovered by an action which it is the duty of the prosecuting attorney to prosecute. All penalties provided by this section shall be recoverable from the recorder upon his official bond.

History:

[(31-2415) 1903, p. 428, sec. 4; reen. R.C. & C.L., sec. 2074; C.S., sec. 3647; I.C.A., sec. 30-1915; am. 1989, ch. 90, sec. 8, p. 214.]
Idaho Code § 31-4316 — Idaho Code / Title 31 / Chapter 43 / Section 31-4316
31-4316 PURPOSE OF DISTRICT.
Status: in_force

31-4316. Purpose of district. Each district is organized for the uses and purposes of acquiring, providing, maintaining and operating public recreation centers, swimming facilities, pools, picnic areas, camping facilities, ball parks, handball courts, tennis courts, marine and snowmobile facilities, recreational pathways, ski areas, and golf courses and public transportation systems and facilities serving the district together with all related grounds, buildings, equipment and apparatus for the use of the residents of the district and the public generally.

History:

[31-4316, added 1970, ch. 212, sec. 16, p. 599; am. 1971, ch. 178, sec. 1, p. 844; am. 1972, ch. 10, sec. 1, p. 15; am. 1972, ch. 188, sec. 1, p. 475; am. 1979, ch. 290, sec. 1, p. 769; am. 1991, ch. 178, sec. 1, p. 441; am. 1995, ch. 353, sec. 4, p. 1195.]
Idaho Code § 31-702 — Idaho Code / Title 31 / Chapter 7 / Section 31-702
31-702 DISTRICT FROM WHICH ELECTED.
Status: in_force

31-702. District from which elected. Each member of a board of commissioners must meet the residency requirements in the county and district which he represents as set out in section 34-617, Idaho Code.

History:

[(31-702) 1885, p. 85, sec. 3; R.S., sec. 1746; reen. R.C. & C.L., sec. 1905; C.S., sec. 3403; I.C.A., sec. 30-602; am. 1982, ch. 332, sec. 1, p. 839.]
Idaho Code § 31-880 — Idaho Code / Title 31 / Chapter 8 / Section 31-880
31-880 PRETRIAL RELEASE SUPERVISION SERVICES.
Status: in_force

31-880. pretrial release supervision services. The board of county commissioners may establish a supervised pretrial release program to perform those functions as prescribed by the administrative district judge in each judicial district. The board of county commissioners may provide for supervised pretrial release services through employment of staff, contract, or any other process that will accomplish the purposes of this section. A board of county commissioners shall not be obligated to establish a supervised pretrial release program. Counties having established a supervised pretrial release program shall not be obligated to provide supervised pretrial release services beyond the funds generated by the fees collected pursuant to the provisions of section 31-3201J, Idaho Code, and any additional funds that may be annually appropriated by the board of county commissioners.

History:

[31-880, added 2019, ch. 217, sec. 1, p. 657.]
Idaho Code § 31-4326 — Idaho Code / Title 31 / Chapter 43 / Section 31-4326
31-4326 INDEBTEDNESS INCURRED UPON FAVORABLE VOTE — RESUBMISSION OF PROPOSITION NOT RECEIVED FAVORABLY.
Status: in_force

31-4326. Indebtedness incurred upon favorable vote — Resubmission of proposition not received favorably. In the event that it shall appear from said returns that a majority, in the amount which is now, or may hereafter be, set by the constitution of the state of Idaho for approval of indebtedness, of the qualified electors of the district voting at such election shall have voted in favor of such proposition or any proposition submitted hereunder at such election, the district shall thereupon be authorized to incur such indebtedness or obligations, enter into such contract or issue and sell bonds of the district, as the case may be, all for the purpose or purposes, and object or objects provided for in the propositions submitted hereunder and in the resolution therefor and in the amount so provided at a rate of interest not exceeding the rate of interest recited in such resolution. The submission of the proposition of incurring such obligation or bonded or other indebtedness at such an election shall not prevent or prohibit submission of the same, or other propositions, at subsequent election or elections called for such purpose at any time.

History:

[I.C., sec. 31-4326, as added by 1971, ch. 71, sec. 5, p. 161.]
Idaho Code § 31-5408 — Idaho Code / Title 31 / Chapter 54 / Section 31-5408
31-5408 COUNTY CORONER.
Status: in_force

31-5408. 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 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:

[31-5408, added 1996, ch. 283, sec. 5, p. 936.]
Idaho Code § 31-3620 — Idaho Code / Title 31 / Chapter 36 / Section 31-3620
31-3620 ACCOUNTS AND REPORTS OF PERSON IN CHARGE.
Status: in_force

31-3620. Accounts and reports of person in charge. The person in charge of the county hospital shall keep a correct account of all receipts and expenditures in connection therewith and make full and complete reports thereof quarterly to the board of county commissioners. Upon notification by the state controller, all records shall be kept according to the provisions of the uniform accounting manual for local governmental entities authorized under section 67-1075, Idaho Code.

History:

[31-3620, added 1992, ch. 83, sec. 7, p. 266; am. 2021, ch. 89, sec. 12, p. 307.]
Idaho Code § 31-5311 — Idaho Code / Title 31 / Chapter 53 / Section 31-5311
31-5311 COUNTY CORONER.
Status: in_force

31-5311. 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 manager with the advice and consent of the board of county commissioners, be supervised by the manager and perform all the duties of the office; or

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

History:

[31-5311, added 1996, ch. 283, sec. 4, p. 932.]
Idaho Code § 31-3613 — Idaho Code / Title 31 / Chapter 36 / Section 31-3613
31-3613 ANNUAL BUDGET — TAX LEVY.
Status: in_force

31-3613. Annual budget — Tax levy. The county hospital board shall prepare and submit to the board of county commissioners each year a budget for the operation of the hospital property at the time and in the form as provided by law for the preparation and submission of budgets by other county departments. The board of county commissioners shall thereafter approve, or amend or modify such budget as it deems proper, and as approved or amended or modified shall include the same in the county budget. No tax levy for the purpose of this act shall exceed six hundredths percent (.06%) of the market value for assessment purposes on all taxable property in the county. When taxes levied for the purposes of this act have been collected they shall be paid to the treasurer of the county hospital board, without charge for collection, to be used for the purposes authorized by this act.

History:

[31-3613, added 1946 (1st E.S.), ch. 38, sec. 13, p. 75; am. 1961, ch. 176, sec. 2, p. 270; am. 1995, ch. 82, sec. 6, p. 223.]
Idaho Code § 31-5808 — Idaho Code / Title 31 / Chapter 58 / Section 31-5808
31-5808 CHARTER PROVISIONS — ELECTED LEGISLATIVE BODY — EXECUTIVE STRUCTURE — TAX ADMINISTRATION.
Status: in_force

31-5808. Charter provisions — Elected legislative body — Executive structure — Tax administration. (1) The charter shall expressly provide for an elected legislative body to perform the legislative functions of the county government. The charter shall define the following:

(a) Name of the legislative body;

(b) Number of members;

(c) Terms of office;

(d) Qualifications of office;

(e) Manner of filling vacancies;

(f) Date and manner of election and whether at large or by districts;

(g) Whether the election shall be partisan or nonpartisan;

(h) The powers and duties of the legislative body; and

(i) Any other information necessary to give a complete description of the legislative structure of the county government.

(2) The charter shall expressly define the officers who will perform the executive functions of the county government, including, without limitation, the chief executive and administrative officer or officers, the chief financial officer, the chief law enforcement officer, and the officer responsible for performing the duties and functions of the prosecuting attorney. With respect to each officer performing executive functions the charter shall define the following:

(a) Whether appointed, hired on a contractual basis, or elected; and, if elected,

(b) The term of office;

(c) The qualifications for office;

(d) The manner of filling vacancies;

(e) The date of election;

(f) Whether the election shall be partisan or nonpartisan;

(g) The powers and duties of each officer;

(h) The departments or other organizational structures which will comprise the executive branch of the government; and

(i) Any other information necessary to provide a complete description of the executive structure of the government.

(3) The charter shall expressly define the officers responsible for the performance of the powers and duties of the county with respect to taxation, including, without limitation, all those duties required by law to be performed by the board of county commissioners, the county assessor, the county treasurer and the county auditor. The charter shall provide the duties and functions of each officer.

(4) Notwithstanding the foregoing, the charter may provide that executive and administrative functions will be performed by one (1) or more members of the legislative body.

History:

[31-5808, added 1996, ch. 129, sec. 1, p. 450.]
Idaho Code § 31-206 — Idaho Code / Title 31 / Chapter 2 / Section 31-206
31-206 PROCEDURE IN CASE OF CONTEST.
Status: in_force

31-206. Procedure in case of contest. It shall be the duty of said court, on the first day of and during said term of court, to hear all evidence for and against said petition or petitions as to the lists of names filed in said court under this chapter, and to strike from such petition or petitions all names proved by competent evidence to be fictitious, and the names of persons having no legal right to sign the same under this chapter. In case there shall be no contest, or if the court finds, after striking from said petition or petitions all names proved to be fictitious, and all names not legally signed thereto, that it still contains the number of names of legal voters required by this chapter, the court shall order said election according to the prayer of said petition and subject to the provisions of section 34-106, Idaho Code. In case of a contest to said petition or petitions, it shall be the duty of the clerk of said court, on request of the persons contesting any petition under the provisions of this chapter, to issue subpoenas for such witnesses as said persons shall name; and it shall be the duty of said clerk, on request of any legal voter of the county for the purpose of sustaining any petition, in like manner to issue subpoenas for such witnesses as he shall name. Said subpoenas to be made returnable to the term of court at which such contest will be made.

History:

[(31-206) 1890-1891, p. 57, sec. 123; reen. 1899, p. 33, sec. 110; am. R.C. & C.L., sec. 471; C.S., sec. 655; I.C.A., sec. 30-206; am. 1995, ch. 118, sec. 20, p. 449.]
Idaho Code § 31-1905 — Idaho Code / Title 31 / Chapter 19 / Section 31-1905
31-1905 CONDUCT OF BOND ELECTION.
Status: in_force

31-1905. Conduct of bond election. If the question of bonding the county as herein provided is submitted to the voters, the election shall be held as provided in section 34-106, Idaho Code, and shall be conducted in all respects in conformity with title 34, Idaho Code. The number of qualified electors of the county voting at such bond election shall be solely determined by the number of votes cast on the specific question of bonding the county.

History:

[31-1905, added 1988, ch. 278, sec. 2, p. 909; am. 1993, ch. 313, sec. 2, p. 1158; am. 1995, ch. 118, sec. 32, p. 457.]
Idaho Code § 31-4104 — Idaho Code / Title 31 / Chapter 41 / Section 31-4104
31-4104 DISTRICT AREA.
Status: in_force

31-4104. District area. A translator district may include a part or all of any county or may include areas in more than one (1) county and may include any municipality located within the county or counties.

History:

[31-4104, added 1969, ch. 308, sec. 4, p. 944.]
Idaho Code § 31-1010 — Idaho Code / Title 31 / Chapter 10 / Section 31-1010
31-1010 EXTENSION OF APPLICATION.
Status: in_force

31-1010. Extension of application. The powers granted in sections 31-1008, 31-1009 and this section shall be deemed to be, and hereby are, extended and shall apply to sections 31-1005 to 31-1007, and 31-1101, whenever any county and such cities shall, jointly, at such election, have determined to acquire a site or sites and construct, equip and furnish such public buildings without the issuance of bonds therefor.

History:

[(31-1010) C.S., sec. 3469C, as added by 1931, ch. 109, sec. 3, p. 188; I.C.A., sec. 30-810.]
Idaho Code § 31-2011 — Idaho Code / Title 31 / Chapter 20 / Section 31-2011
31-2011 OFFICERS MAY ADMINISTER OATHS.
Status: in_force

31-2011. Officers may administer oaths. Every county officer may administer and certify oaths.

History:

[(31-2011) R.S., sec. 1824; reen. R.C. & C.L., sec. 1983; C.S., sec. 3553; I.C.A., sec. 30-1511; am. 1970, ch. 120, sec. 7, p. 284.]
Idaho Code § 31-2122 — Idaho Code / Title 31 / Chapter 21 / Section 31-2122
31-2122 INSPECTION OF BOOKS.
Status: in_force

31-2122. Inspection of books. The books, accounts and vouchers of the treasurer are at all times subject to the inspection and examination of the board of commissioners and grand jury.

History:

[(31-2122) 1863, p. 475, sec. 114; R.S., sec. 1860; reen. R.C. & C.L., sec. 2011; C.S., sec. 3583; I.C.A., sec. 30-1622.]
Idaho Code § 31-3701 — Idaho Code / Title 31 / Chapter 37 / Section 31-3701
31-3701 ACQUISITION AND OPERATION AUTHORIZED.
Status: in_force

31-3701. Acquisition and operation authorized. Any county and city located in such county are hereby authorized to create a joint county-city hospital authority, to jointly purchase, build, maintain and operate hospitals, hospital grounds, nurses homes, superintendent's quarters and any other necessary buildings and equipment, on such terms and paying for the same in such proportions as such governing bodies of such county and city may determine, and may jointly operate any hospital or hospitals which are separately owned by the county or the city as a joint county-city hospital authority. A joint county-city hospital authority may be created under this chapter by joint agreement approved by resolution of the board of county commissioners of the county and the city council of the city. A joint county-city hospital authority created under this chapter shall be an independent legal entity with the powers set forth in this chapter.

History:

[31-3701, added 1947, ch. 222, sec. 1, p. 534; am. 1995, ch. 221, sec. 1, p. 766.]