Idaho Code § 31-2303 — Idaho Code / Title 31 / Chapter 23 / Section 31-2303
31-2303 SETTLEMENT OF DEBTS TO COUNTY.
Status: in_force

31-2303. Settlement of debts to county. The auditor must examine and settle the accounts of all persons indebted to the county, or holding moneys payable into the county treasury, and must certify the amount to the treasurer, and upon the presentation and filing of the treasurer's receipt therefor, give to such person a discharge and charge the treasurer with the amount received by him.

History:

[(31-2303) R.S., sec. 2007; reen. R.C. & C.L., sec. 2054; C.S., sec. 3626; I.C.A., sec. 30-1803.]
Idaho Code § 31-804 — Idaho Code / Title 31 / Chapter 8 / Section 31-804
31-804 SUPERVISION OF ELECTIONS.
Status: in_force

31-804. Supervision of elections. (1) The board of county commissioners must establish, abolish and change election precincts and canvass all election returns.

(2) The board must provide all poll lists, poll books, blank returns and certificates, proclamations of election and other appropriate and necessary appliances for holding all elections in the county, and allow reasonable charges therefor, and for the transmission and return of the same to the proper officers.

History:

[(31-804) R.S., sec. 1759; R.C., sec. 1917c, as added by 1913, ch. 143, sec. 2, p. 507; reen. C.L., sec. 1917c; C.S., sec. 3418; I.C.A., sec. 30-704; am. 1982, ch. 77, sec. 1, p. 145; (sec. 31-843 combined in sec. 31-804, 1989, ch. 73; 1885, p. 106, sec. 12; R.S., sec. 1763; am. R.C., sec. 1918; reen. C.L., sec. 1918n; C.S., sec. 3450; I.C.A., sec. 30-741); am. and redesig. 1989, ch. 73, sec. 4, p. 118.]
Idaho Code § 31-4119 — Idaho Code / Title 31 / Chapter 41 / Section 31-4119
31-4119 FRAUDULENT EXEMPTION CLAIM — PENALTY.
Status: in_force

31-4119. Fraudulent exemption claim — Penalty. Any person or persons who shall make a false or fraudulent claim for exemption as provided in this act shall be guilty of a misdemeanor.

History:

[31-4119, added 1969, ch. 308, sec. 19, p. 944.]
Idaho Code § 31-405 — Idaho Code / Title 31 / Chapter 4 / Section 31-405
31-405 RIGHT TO CONTEST PETITION.
Status: in_force

31-405. Right to contest petition. Any qualified elector of the county shall have the right to contest the right of any person whose name is subscribed to such petition to file the same, or to contest said petition as to any name or names subscribed thereto which he believes are fictitious: provided, he shall, within ten (10) days after such petition is filed, file in the office of the clerk a list of the names of the persons whose right to sign such petition he is desirous of contesting and/or a list of the names therein which he believes to be fictitious, together with an affidavit attached thereto stating specifically the grounds of his contest.

History:

[31-405, added 1933, ch. 135, sec. 5, p. 206.]
Idaho Code § 31-1904 — Idaho Code / Title 31 / Chapter 19 / Section 31-1904
31-1904 BOND TAX LEVIES IN NEW COUNTIES AND SEGREGATED AREAS.
Status: in_force

31-1904. Bond tax levies in new counties and segregated areas. Should any part of a county that has incurred a bonded indebtedness be cut off and annexed to another county, or erected into a new or separate county, the assessor of the county to which the segregated portion is attached, or the assessor of the new county created as aforesaid, shall, upon notice from the board of county commissioners of the original county from which such segregated portion was detached, given at the regular session of the board when county and state taxes are levied, collect in said segregated territory, and in addition to the other taxes collected by him for county and state purposes, and at the same time and in the same manner, the tax levied by said board of commissioners as herein provided; and the laws of the state relating to the levy and collection of taxes, and prescribing the powers, duties and liabilities of officers charged with the collection and disbursement of the revenue arising from taxes, are made applicable to this article. The money collected by the assessor as aforesaid shall be paid over by the treasurer of the county collecting it to the treasurer of the county losing the said territory, and for the purposes herein directed, but such segregated territory so attached to another county, or erected into a new county, shall be relieved of the annual tax, levied as provided in the foregoing section, when the county acquiring the same, or the new or separate county, pays to the county losing the territory, that proportion of the whole indebtedness, together with legal interest thereon, that the assessed value of property in the segregated territory bears to the assessed value of the property in the whole county, as constituted before the division or segregation thereof.

History:

[(31-1904) R.S., sec. 3606; am. 1895, p. 56, subd. 3606; reen. 1899, p. 136, sec. 1; reen. R.C. & C.L., sec. 1964; C.S., sec. 3523; I.C.A., sec. 30-1404.]
Idaho Code § 31-3412 — Idaho Code / Title 31 / Chapter 34 / Section 31-3412
31-3412 INDIGENT BURIAL OR CREMATION.
Status: in_force

31-3412. Indigent burial or cremation. It shall be the duty of the board to provide for burial or cremation of any deceased indigent person. The amount paid by the obligated county shall not in any case exceed the established or negotiated rate set by each board. If the coroner, mortician, or other responsible parties are unable to establish next of kin or have a signed waiver of intent to abandon, they may make application to the board. If an application has been made pursuant to this section, a coroner may, prior to approval of such application, authorize a cremation ten (10) days following death. The county shall be free from any liability for said burial or cremation.

History:

[31-3412, added 1992, ch. 83, sec. 3, p. 261; am. 2012, ch. 208, sec. 2, p. 563; am. 2022, ch. 62, sec. 4, p. 195.]
Idaho Code § 31-130 — Idaho Code / Title 31 / Chapter 1 / Section 31-130
31-130 KOOTENAI COUNTY.
Status: in_force

31-130. Kootenai county. Kootenai county is described as follows: beginning at the south quarter of section fifteen (15), township forty-seven (47) north, range one (1) east, being the southeast corner of Kootenai county with Shoshone county to the east and south;

Southern boundary. Thence west along the north boundary line of sections twenty-two (22) approximately 1 half mile to the northwest corner of section twenty-two (22), township forty-seven (47) north, range one (1) east, being the northeast corner of Benewah county with Kootenai county to the north and Shoshone county to the east; thence west along the north boundary line of sections twenty-one (21), twenty (20) and nineteen (19), township forty-seven (47) north, range one (1) east, to the point of intersection with the Boise meridian; thence along said Boise meridian, to the northeast corner of section twenty-four (24), township forty-seven (47) north, range one (1) west; thence west along the north boundary line of sections twenty-four (24), twenty-three (23), twenty-two (22), twenty-one (21), twenty (20) and nineteen (19), township forty-seven (47) north, range one (1) west, to the range line between township forty-seven (47) north, range one (1) west, and township forty-seven (47) north, range two (2) west; thence along said last mentioned range line to the northeast corner of section twenty-four (24), township forty-seven (47) north, range two (2) west; thence continuing west along the north boundary lines of sections twenty-four (24), twenty-three (23), twenty-two (22), to the northwest corner of section twenty-two (22), township forty-seven (47) north, range two (2) west; thence south along the west line of section twenty-two (22), township forty-seven (47) north, range two (2) west, to the northwest corner of section twenty-seven (27), township forty-seven (47) north, range two (2) west; thence west along the north line of sections twenty-eight (28) and twenty-nine (29), township forty-seven (47) north, range two (2) west, to the northwest corner of section twenty-nine (29), township forty-seven (47) north, range two (2) west; thence south along the west line of sections twenty-nine (29) and thirty-two (32), township forty-seven (47) north, range two (2) west, to the southwest corner of section thirty-two (32), township forty-seven (47) north, range two (2) west; thence west along the township line between townships forty-six (46) and forty-seven (47) north, range two (2) west, to the intersection of the range line between ranges two (2) and three (3) west; thence continuing west along the township line between townships forty-six (46) and forty-seven (47) north, range three (3) west, to the southwest corner of section thirty-three (33), township forty-seven (47) north, range three (3) west; thence north along the west line of section thirty-three (33), township forty-seven (47) north, range three (3) west, to the northwest corner of section thirty-three (33), township forty-seven (47) north, range three (3) west; thence west along the north line of sections thirty-two (32) and thirty-one (31), township forty-seven (47) north, range three (3) west, to the range line between ranges three (3) and four (4) west; thence south along said range line to the northeast corner of section thirty-six (36), township forty-seven (47) north, range four (4) west; thence west along the north line of section thirty-six (36) and thirty-five (35), township forty-seven (47) north, range four (4) west, to the northwest corner of section thirty-five (35), township forty-seven (47) north, range four (4) west; thence south along the west line of said section thirty-five (35), township forty-seven (47) north, range four (4) west, to the southwest corner of said section thirty-five (35), township forty-seven (47) north, range four (4) west; thence west along the north line of township forty-six (46) north, ranges four (4), five (5) and six (6) west (1915, ch. 4, section 3, pp. 7, 8), to the point of intersection of the Idaho-Washington state line with the northern boundary line of township forty-six (46) north of the Boise base line;

Western boundary. Thence north along said state boundary line to a point where the same is intersected by the line between townships fifty-three (53) and fifty-four (54) north;

Northern boundary. Thence east along 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), range one (1) east, being the northeast corner of Kootenai county with Bonner county to the north and Shoshone county to the east;

Eastern boundary. Thence south along the western boundary of Shoshone county, to the south quarter corner of section fifteen (15), township forty-seven (47) north, range one (1) east, and the point of beginning.

County seat–Coeur d'Alene.

History:

[(31-130) Compiled and reen. C.L. 3:27; C.S., sec. 34; I.C.A., sec. 30-130; am. 2024, ch. 222, sec. 4, p. 781.]
Idaho Code § 31-4320A — Idaho Code / Title 31 / Chapter 43 / Section 31-4320A
31-4320A DISSOLUTION OF INACTIVE DISTRICT.
Status: in_force

31-4320A. Dissolution of inactive district. Whenever a recreation district, created pursuant to this chapter, has failed to exercise the powers of a district, owns no property, levies no tax, and has incurred no indebtedness, within three (3) years of the creation of the district, the district may be dissolved by order of the county commissioners. The question of dissolution pursuant to this section shall be considered by the board of county commissioners at the first meeting of the commissioners following the second Monday in September, when, for the third consecutive year, no certification of a tax levy has been received from the recreation district. In the event of dissolution, the county commissioners shall cause one (1) certified copy of the order of dissolution to be filed in the office of the county recorder of the county. Immediately upon the entry of such order, the dissolution of the district shall be complete.

History:

[31-4320A, added 1989, ch. 293, sec. 1, p. 721.]
Idaho Code § 31-4411 — Idaho Code / Title 31 / Chapter 44 / Section 31-4411
31-4411 PREEXISTING CONTRACTS — VALIDATION.
Status: in_force

31-4411. Preexisting contracts — Validation. Any contract for the acquisition, establishment, operation or maintenance of a solid waste disposal system, heretofore entered into by any public agency, and all acts and proceedings heretofore taken by the county commissioners or other contracting authority of any public agency in connection therewith, are hereby validated, ratified and declared to be binding and effective in accordance with their terms, notwithstanding any failure of such contract, or said board of county commissioners or other contracting authority to comply with the terms of this act, chapter 10, title 31, or chapter 19, title 54, Idaho Code.

History:

[31-4411, added 1979, ch. 109, sec. 3, p. 347.]
Idaho Code § 31-813 — Idaho Code / Title 31 / Chapter 8 / Section 31-813
31-813 CONTROL OF SUITS.
Status: in_force

31-813. Control of suits. To direct and control the prosecution and defense of all suits to which the county is a party in interest, and employ counsel to conduct the same, with or without the prosecuting attorney, as they may direct.

History:

[(31-813) R.S., sec. 1759; R.C., sec. 1917m, as added by 1913, ch. 143, sec. 2, p. 508; compiled and reen. C.L., sec. 1917m; C.S., sec. 3428; I.C.A., sec. 30-719.]
Idaho Code § 31-403 — Idaho Code / Title 31 / Chapter 4 / Section 31-403
31-403 PETITION FOR CONSOLIDATION.
Status: in_force

31-403. Petition for consolidation. Not less than ninety (90) days nor more than six (6) months prior to the date specified in section 31-402, Idaho Code, a petition may be circulated in any county praying for the consolidation of such county with another county. Such petition shall be entitled in the district court of the former county, and shall be in substantially the following form:

"The undersigned qualified electors of …. County, State of Idaho, hereby petition the court thereof to order an election to be held on the first Tuesday following the first Monday of November in an even-numbered year to determine whether said …. County shall be consolidated with …. County (naming the county with which it is desired to consolidate), under the provisions of the law applicable to such elections."

Such petition may consist of any number of copies required for convenient and rapid circulation and the various copies shall be considered as one (1) petition. If said petition, within the time limits hereinbefore fixed, is signed by a number of qualified electors of the county which it is proposed to consolidate, equal in number to two-thirds (2/3) of all votes cast therein at the last general election, such petition shall thereupon, and not later than eighty (80) days prior to said election date, be filed with the clerk of the district court of such county. Such petition shall be deemed a proposal to consolidate said county with the county named therein.

History:

[31-403, added 1933, ch. 135, sec. 3, p. 206; am. 1995, ch. 118, sec. 22, p. 450; am. 2009, ch. 341, sec. 13, p. 1001.]
Idaho Code § 31-4603 — Idaho Code / Title 31 / Chapter 46 / Section 31-4603
31-4603 PROCEDURE FOR ESTABLISHMENT.
Status: in_force

31-4603. Procedure for establishment. (1) If a board of county commissioners desires to establish a county justice fund, it shall publish notice of intent to do so in conjunction with the proposed budget publication required in section 31-1604, Idaho Code, and shall depict such proposal in the proposed county budget in a manner consistent with the provisions of section 31-1603, Idaho Code.

(2) Establishment of a county justice fund shall proportionately reduce the allowable property tax charges for remaining expenses in the county current expense fund. For purposes of achieving a proportionate reduction, the following procedure shall be followed:

(a) Prior to the September budget hearing required by section 31-1604, Idaho Code, and upon the request of the board of county commissioners, the budget officer shall identify and separate the appropriations for the services and operations outlined in section 31-4602, Idaho Code, from the previous year's budget, including estimated portions of the general reserve appropriation and court-ordered expenditures for such purposes. Such figure, and the percentage that such figure constitutes of the whole of the current expense fund expenditures, shall be certified by the clerk of the county and shall be transmitted to the board of county commissioners.

(b) The board of county commissioners shall review the submittal by the clerk and shall, upon completion of such review, adopt a resolution creating a county justice fund, which resolution shall certify, to the accuracy of two (2) decimal places, the percentage that authorized justice fund appropriations in the prior budget year are of total current expense fund appropriations for that year. If the board of county commissioners believes the previous year's budget is not typical, it may petition the state tax commission for an administrative ruling setting the percentage of justice fund expenditures based upon a more extended history of such budgeted expenditures.

(c) The percentage derived by completion of the steps called for in subsection (2)(b) of this section shall be multiplied by the total of property tax charges levied to support the current expense fund as a whole. The product of this multiplication shall be subtracted from the entire property tax charge for the current expense fund and shall constitute the justice fund allocation. The remainder, after the justice fund allocation has been subtracted, shall constitute a new property tax base for the current expense fund. Allowable property tax charges for the current expense fund in the year the justice fund is created shall be determined upon the base established in this section. In subsequent years, after a county has established a justice fund, the maximum levy authority for the current expense fund shall be twenty hundredths percent (.20%) of market value for assessment purposes as provided for in section 63-805, Idaho Code.

(3) Additional revenues, other than those derived from property taxation, shall be allocated to the current expense fund or the justice fund, respectively, in accordance with their association with the functions performed by offices supported by the respective funds. Where revenue sources are not clearly attributable to either justice or current expense fund activities, they shall be apportioned to the current expense fund or justice fund by the board of county commissioners to meet the greatest funding need in each local jurisdiction.

History:

[31-4603, added 1990, ch. 216, sec. 1, p. 579; am. 1996, ch. 208, sec. 5, p. 662; am. 1996, ch. 322, sec. 17, p. 1043; am. 1997, ch. 117, sec. 3, p. 301.]
Idaho Code § 31-3211 — Idaho Code / Title 31 / Chapter 32 / Section 31-3211
31-3211 FEES TO BE PREPAID — EXCEPTION — PENALTY FOR OFFICIAL DERELICTION.
Status: in_force

31-3211. Fees to be prepaid — Exception — Penalty for official dereliction. The officers mentioned in this title are not in any case, except for the state or county, to perform any official services unless upon prepayment of the fees prescribed for such services by law, except as in the succeeding sections provided: provided further, that the attorney-general or any prosecuting attorney may cause subpoenas to be issued on behalf of the state, without paying or tendering fees in advance to any officers, and on such payment the officer must perform the services required.

For every failure or refusal to perform official duty when the fees are tendered, the officer is liable on his official bond.

History:

[(31-3211) R.S., sec. 2137; modified by R.S., sec. 2146; am. and reen. R.C. & C.L., sec. 2128; C.S., sec. 3712; I.C.A., sec. 30-2711.]
Idaho Code § 31-2304 — Idaho Code / Title 31 / Chapter 23 / Section 31-2304
31-2304 ACCOUNTS WITH TREASURER.
Status: in_force

31-2304. Accounts with treasurer. The auditor must keep accounts current with the treasurer, and when any person deposits with the auditor any receipt given by the treasurer for any money paid into the treasury, the auditor must file such receipt and charge the treasurer with the amount thereof.

History:

[(31-2304) 1863, p. 475, sec. 86; R.S., sec. 2008; reen. R.C. & C.L., sec. 2055; C.S., sec. 3627; I.C.A., sec. 30-1804.]
Idaho Code § 31-902 — Idaho Code / Title 31 / Chapter 9 / Section 31-902
31-902 PETITION FOR CANCELATION OR ADJUSTMENT.
Status: in_force

31-902. Petition for cancelation or adjustment. Any one or more owners of land seeking such cancelation or adjustment of taxes, or any irrigation or drainage district or incorporated water company having such lands within its project, may file with the clerk of the board of county commissioners a petition setting forth the facts upon which it is claimed a cancelation or adjustment of the taxes should be made. If the petition sets forth the facts required to be contained therein under section 31-901, the board shall hear the proof submitted in support of said petition and anyone present shall have a right to be heard in opposition thereto. If the board, after considering the evidence offered at such hearing, and at any adjournment thereof, and after making such other investigation as it may deem necessary, finds that the public interest and common welfare require that such taxes be canceled or otherwise adjusted and that such action will not be detrimental to the interests of the county and other tax-levying bodies affected thereby, and that the conditions set forth in subdivisions (a), (b) or (c) of section 31-901 exist, the board shall make and enter an order which shall be recorded in full in the official minutes of the board, setting forth its findings and decision, and its reasons therefor.

History:

[31-902, added 1935, (1st E.S.), ch. 52, sec. 2, p. 137.]
Idaho Code § 31-4206 — Idaho Code / Title 31 / Chapter 42 / Section 31-4206
31-4206 TERMINATION OF AUTHORITY.
Status: in_force

31-4206. Termination of authority. The authority shall terminate at such time as the governing body of the county, by proper resolution, shall declare that there is no longer a need for a housing authority to function within such county. The determination that there is no longer a need for such authority to function (a) may be made by the governing body on its own motion or (b) may be made by the governing body upon motion of the duly appointed and acting commissioners of the authority that they no longer have any need to function within said county.

The governing body of the county shall, however, before adopting a resolution terminating such authority, determine, by audit if necessary, the financial condition of said authority, and if there is any outstanding liability due and owing by said authority, the county shall provide the necessary funds for satisfaction thereof; if, however, funds are found, over and above such liabilities, the county shall provide for the satisfaction of said liabilities and the balance of the funds shall be accepted by the county and the authority shall be released from their responsibility therefor.

Any funds so received by such county, as a result of the termination of the authority, shall be dedicated to the extension, maintenance and promotion of the public parks system of said county for the benefit and welfare of the county.

History:

[31-4206, added 1970, ch. 211, sec. 6, p. 584; am. 2015, ch. 244, sec. 16, p. 1016.]
Idaho Code § 31-882 — Idaho Code / Title 31 / Chapter 8 / Section 31-882
31-882 SPECIAL EXPERTISE OF BOARDS OF COUNTY COMMISSIONERS — COORDINATION OF PLANNING EFFORTS WITH FEDERAL AGENCIES.
Status: in_force

31-882. special expertise of boards of county commissioners — coordination of planning efforts with federal agencies. (1) When a board of county commissioners represents a county as a cooperating agency in matters related to the national environmental policy act and in federal land planning, implementation, and management actions, the board of county commissioners shall be deemed to have special expertise on all subject matters for which it has statutory responsibility, including but not limited to those directly or indirectly related to the health, safety, welfare, custom, culture, and socioeconomic viability of a county.

(2) A board of county commissioners that has adopted a comprehensive plan pursuant to section 67-6508, Idaho Code, may participate in efforts to coordinate such plan with federal agencies as provided in:

(a) The multiple-use sustained-yield act of 1960;

(b) The forest and rangeland renewable resources planning act of 1974, as amended by the national forest management act of 1976;

(c) The federal land policy and management act of 1976;

(d) Any federal regulations adopted pursuant to the acts listed in paragraphs (a), (b), and (c) of this subsection; and

(e) Any other federal statutes that provide for coordination with local governments.

History:

[31-882, added 2026, ch. 28, sec. 1, p. 124.]
Idaho Code § 31-102 — Idaho Code / Title 31 / Chapter 1 / Section 31-102
31-102 DEFINITION OF DESCRIPTIVE TERMS.
Status: in_force

31-102. Definition of descriptive terms. The words, "range," "township" and "section" as employed in this chapter refer to the Boise meridian and base line of the United States survey, except in such cases as the word "range" obviously refers to a range of mountains. In the description of courses the words, "north," "south," "east" and "west" refer to true courses.

History:

[(31-102) Compiled and reen. C.L. 3:2; C.S., sec. 6; I.C.A., sec. 30-102.]
Idaho Code § 31-4306 — Idaho Code / Title 31 / Chapter 43 / Section 31-4306
31-4306 ELECTION OF DIRECTORS.
Status: in_force

31-4306. Election of directors. (1) An election of directors shall be held in each district on the Tuesday succeeding the first Monday of November of each odd-numbered year. Such election shall be held in conformity with title 34, Idaho Code. Before the notice of election is given, the board shall divide the district into subdivisions as nearly equal in population as possible to be designated as director's subdistrict 1, 2 and 3, or director's subdistrict 1, 2, 3, 4 and 5, depending on the number of subdistricts in the district. Each nominating petition shall state the subdistrict for which the nominee is nominated.

(2) In any election for directors if, after the expiration of the date for filing written nominations for the office of director, it appears that only one (1) qualified candidate has been nominated for each position to be filled and if no declaration of intent has been filed as provided in subsection (3) of this section, it shall not be necessary to hold an election, and the board of directors shall, no later than seven (7) days before the scheduled date of the election, declare such candidate elected as director, and the secretary of the recreation district board shall immediately make and deliver to such person a certificate of election.

(3) No write-in vote for recreation district director shall be counted unless a declaration of intent has been filed indicating that the person desires the office and is legally qualified to assume the duties of recreation district director if elected. The declaration of intent shall be filed with the recreation district board secretary during the time period provided in section 34-1407, Idaho Code.

History:

[31-4306, added 1970, ch. 212, sec. 6, p. 599; am. 1971, ch. 32, sec. 1, p. 76; am. 1982, ch. 254, sec. 7, p. 651; am. 1983, ch. 114, sec. 2, p. 246; am. 1994, ch. 328, sec. 1, p. 1058; am. 2000, ch. 4, sec. 1, p. 5; am. 2009, ch. 341, sec. 19, p. 1004; am. 2014, ch. 162, sec. 1, p. 455; am. 2025, ch. 113, sec. 2, p. 601.]
Idaho Code § 31-805 — Idaho Code / Title 31 / Chapter 8 / Section 31-805
31-805 SUPERVISION OF ROADS, BRIDGES, AND FERRIES.
Status: in_force

31-805. Supervision of roads, bridges, and ferries. The board shall lay out, maintain, control and manage public roads, turnpikes, ferries and bridges within the county, and levy such tax therefor as authorized by law; provided that the board need not lay out, maintain, control, and manage public roads, turnpikes, ferries, and bridges inside the boundaries of a highway district formed pursuant to title 40, Idaho Code.

History:

[(31-805) R.S., sec. 1759; R.C., sec. 1917d, as added by 1913, ch. 143, sec. 2, p. 507; reen. C.L., sec. 1917d; C.S., sec. 3419; I.C.A., sec. 30-705; am. 1989, ch. 74, sec. 4, p. 129.]
Idaho Code § 31-4320 — Idaho Code / Title 31 / Chapter 43 / Section 31-4320
31-4320 DISSOLUTION OF DISTRICT — PROCEDURE.
Status: in_force

31-4320. Dissolution of district — Procedure. A recreation district may be dissolved as follows:

(a) Any person or persons may file a petition for the dissolution of a recreation district with the clerk. Such petition, which may be in one (1) or more papers, shall state the name of the district and shall be signed by not less than twenty percent (20%) of the qualified electors resident within the boundaries of the district. Alternatively, if the number of qualified electors resident within the boundaries of the district has increased by more than two hundred percent (200%) since the creation of the recreation district, then a majority of the board of directors of the recreation district may file a petition for the dissolution of the recreation district with the clerk. Such petition shall state the name of the district but shall not require any signatures of the qualified electors resident within the boundaries of the district.

(b) Within thirty (30) days after the filing of such petition, the county commissioners shall determine whether or not the same substantially complies with the requirements of this section. If the county commissioners find that there has not been substantial compliance with such requirements, they shall enter an order to that effect specifying the particular deficiencies and dismissing the petition. If the county commissioners find that there has been substantial compliance with such requirements, the county commissioners shall timely enter an order to that effect and call an election, subject to the provisions of section 34-106, Idaho Code, on the dissolution of such district as provided in this section.

(c) If the county commissioners order an election as provided in this section, such election shall be conducted and notice thereof given in accordance with the provisions of section 31-4304, Idaho Code.

(d) Immediately after such election, the judges at such election shall forward the ballots and results of such election to the clerk. The county commissioners shall canvass the vote within ten (10) days after such election. If one-half (1/2) or more of the votes cast at such election are against the dissolution of such district, the county commissioners shall enter an order so finding and declaring that such district shall not be dissolved. If more than one-half (1/2) of the votes cast at such election are in favor of dissolving such district, the county commissioners shall enter an order so finding and declaring such district duly dissolved. The county commissioners shall cause one (1) certified copy of such order to be filed in the office of the county recorder of such county. Immediately upon the entry of such order, the dissolution of such district shall be complete.

(e) Upon such dissolution being complete, title to all property of the dissolved district shall vest in the county where such property is situated. The county commissioners shall then: sell and dispose thereof in the manner provided by law for the sale or disposition of county property; apply the proceeds thereof to pay any lawful claims against the dissolved district, if any; and apply the balance remaining, if any, to any public recreation purposes within the county.

(f) When the boundaries of the district lie in two (2) or more counties, the county commissioners of each county shall act separately in the election and dissolution of that part of the district contained in their county but the county commissioners of each such county shall meet together before calling such election and provide for uniform proceedings in each county. If there is any balance remaining after sale and disposition of the property of such dissolved district, it shall be prorated among such counties in proportion to each county's share of the total assessed valuation of such dissolved district for the preceding calendar year.

(g) After such election, the validity of the proceedings hereunder shall not be affected by any defect in the petition or in the number or qualifications of the signers thereof, and in no event shall any action be commenced or maintained or defense made affecting the validity of the dissolution of such district after six (6) months has expired from the date of entering the order declaring the dissolution of such district.

History:

[31-4320, added 1970, ch. 212, sec. 20, p. 599; am. 1995, ch. 118, sec. 42, p. 463; am. 2025, ch. 215, sec. 1, p. 1022.]
Idaho Code § 31-815A — Idaho Code / Title 31 / Chapter 8 / Section 31-815A
31-815A TRANSFER OF LICENSE APPLICATIONS.
Status: in_force

31-815A. Transfer of license applications. Whenever an application is made to the board for an order, franchise or license, relating to any toll road, bridge, ferry, or other subject over which the board has jurisdiction, in which a majority of the board are not disinterested, the application, by order of the board, must be transferred to the district court of the county; the clerk of the board must thereupon certify the application and all orders and papers relating thereto to the court to which the transfer is ordered; and thereafter the court to which the same is certified has full jurisdiction to hear and determine the application.

History:

[31-815A, added 1995, ch. 61, sec. 3, p. 136.]
Idaho Code § 31-4915 — Idaho Code / Title 31 / Chapter 49 / Section 31-4915
31-4915 COMPETITIVE BID LAWS.
Status: in_force

31-4915. Competitive bid laws. In the acquisition of public works or property, other than real property, a district shall comply with the competitive bid requirements applicable to counties of the state.

History:

[31-4915, added 1990, ch. 390, sec. 1, p. 1091.]
Idaho Code § 31-3301 — Idaho Code / Title 31 / Chapter 33 / Section 31-3301
31-3301 ACCOUNTS MUST BE PRESENTED TO COMMISSIONERS.
Status: in_force

31-3301. Accounts must be presented to commissioners. Accounts for county charges of every description must be presented to the board of county commissioners to be audited as provided by law.

History:

[(31-3301) R.S., sec. 2160; reen. R.C. & C.L., sec. 2135; C.S., sec. 3720; I.C.A., sec. 30-2801.]
Idaho Code § 31-1609 — Idaho Code / Title 31 / Chapter 16 / Section 31-1609
31-1609 LAPSE OF APPROPRIATIONS — INCOMPLETE IMPROVEMENTS.
Status: in_force

31-1609. Lapse of appropriations — Incomplete improvements. All appropriations, other than appropriations for incompleted improvements in progress of construction, shall lapse at the end of the fiscal year; provided, that the appropriation accounts may remain open until the first Monday in November for the payment of claims incurred against such appropriations prior to the close of the fiscal year. After the said first Monday in November the appropriations, except as herein provided regarding incompleted improvements, shall become null and void and any lawful claims presented thereafter against any such appropriations shall be provided for in the next ensuing budget. All balances in any appropriation for incomplete improvements in progress of construction, shall be carried forward and shown in the budget for the ensuing year to the credit of such improvement.

History:

[(31-1609) 1931, ch. 122, sec. 9, p. 210; I.C.A., sec. 30-1209; am. 1976, ch. 45, sec. 17, p. 135; am. 1989, ch. 11, sec. 1, p. 12.]
Idaho Code § 31-820 — Idaho Code / Title 31 / Chapter 8 / Section 31-820
31-820 BY-LAWS.
Status: in_force

31-820. By-laws. To make and enforce such rules and regulations for the government of their body, the preservation of order and the transaction of business as may be necessary.

History:

[(31-820) R.S., sec. 1759; R.C., sec. 1917t, as added by 1913, ch. 143, sec. 2, p. 508; reen. C.L., sec. 1917t; C.S., sec. 3435; I.C.A., sec. 30-726.]
Idaho Code § 31-3915 — Idaho Code / Title 31 / Chapter 39 / Section 31-3915
31-3915 LEVY — ELECTION.
Status: in_force

31-3915. Levy — election. (1) Each year, immediately prior to the annual county levy of taxes, the board of commissioners of each ambulance service district organized under section 31-3911, Idaho Code, may levy a tax upon all the taxable property within the boundaries of such district sufficient to defray the cost of equipping and maintaining the district in the amount of four-hundredths percent (.04%) of market value for assessment purposes, to be used for the purposes of this chapter and for no other purpose. The levy shall be made by resolution entered upon the minutes of the board of commissioners of the ambulance service district, and it shall be the duty of the secretary of the district, immediately after entry of the resolution in the minutes, to transmit to the county auditor and the county assessor certified copies of the resolution providing for such levy. Said taxes shall be collected as provided by section 63-812, Idaho Code.

(2) The board of commissioners of an ambulance service district organized under section 31-3911, Idaho Code, may submit to the electors within the district the question of whether the levy authorized in subsection (1) of this section may be increased to a levy not to exceed six-hundredths percent (.06%) of market value for assessment purposes upon all taxable property within the district for the purposes of the district, if approved by a minimum of two-thirds (2/3) of the qualified electors of the district voting at an election called for that purpose and held on the May or November dates provided in section 34-106, Idaho Code.

History:

[31-3915, added 2020, ch. 209, sec. 13, p. 611.]
Idaho Code § 31-870 — Idaho Code / Title 31 / Chapter 8 / Section 31-870
31-870 FEES FOR COUNTY SERVICES.
Status: in_force

31-870. Fees for county services. (1) Notwithstanding any other provision of law, a board of county commissioners may impose and collect fees for those services provided by the county that would otherwise be funded by ad valorem tax revenues. The fees collected pursuant to this section shall be reasonably related to, but shall not exceed, the actual cost of the service being rendered. Taxing districts other than counties may impose fees for services as provided in section 63-1311, Idaho Code.

(2) The board of county commissioners may establish and provide for the collection of a solid waste fee in accordance with a request made pursuant to this section, and such fee shall be certified and collected in the same manner provided by law for the collection of real or personal property taxes.

(3) The administrative fee authorized under the provisions of this section and collected for issuance of motor vehicle registrations pursuant to chapter 4, title 49, Idaho Code, shall be the same for any registration issued pursuant to section 49-402B, Idaho Code, and may not be doubled or in any way increased solely because of registration under that section.

(4) The administrative fee authorized under the provisions of this section and collected for issuance of a motor vehicle title pursuant to chapter 5, title 49, Idaho Code, shall be the same for all title transactions.

(5) This section shall not apply to the issuance or renewal of licenses to carry concealed weapons under sections 18-3302, 18-3302H or 18-3302K, Idaho Code.

History:

[31-870, added 1980, ch. 290, sec. 1, p. 759; am. 1988, ch. 201, sec. 2, p. 379; am. 1993, ch. 41, sec. 1, p. 114; am. 1996, ch. 322, sec. 7, p. 1036; am. 1999, ch. 90, sec. 1, p. 292; am. 2015, ch. 303, sec. 7, p. 1198; am. 2023, ch. 23, sec. 1, p. 133.]
Idaho Code § 31-3107 — Idaho Code / Title 31 / Chapter 31 / Section 31-3107
31-3107 DEPUTIES AND ASSISTANTS — APPOINTMENT AND COMPENSATION.
Status: in_force

31-3107. Deputies and assistants — Appointment and compensation. The sheriff, the coroner, the assessor, the treasurer and ex officio tax collector and the clerk of the district court and ex officio auditor and recorder shall be empowered by the board of county commissioners to appoint such deputies and clerical assistants as the business of their offices may require, and deputies to receive such remuneration as may be fixed by said board of county commissioners, which remuneration shall be paid monthly in the same manner as the salaries of the county officers are paid.

History:

[(31-3107) 1899, p. 405, sec. 4; reen. R.C., sec. 2119; am. 1909, p. 330, sec. 1; am. 1913, ch. 127, sec. 1, p. 474; compiled and reen. C.L., sec. 2119; C.S., sec. 3700; am. 1929, ch. 83, sec. 1, p. 134; I.C.A., sec. 30-2607; am. 1959, ch. 111, sec. 1, p. 237; am. 2025, ch. 96, sec. 8, p. 515.]
Idaho Code § 31-2414 — Idaho Code / Title 31 / Chapter 24 / Section 31-2414
31-2414 CERTIFICATE OF TIME OF RECEPTION.
Status: in_force

31-2414. Certificate of time of reception. When any such instrument, paper or notice is numbered and entered in the reception book and indexed, it shall be recorded, as now provided by law; and it shall be the duty of the recorder to write or stamp, or cause to be written or stamped, at the beginning of the record thereof, if recorded, the words "Instrument number" and add thereto the number stamped or written on such instrument, paper or notice, and to add immediately after the record thereof, a certificate setting forth the exact time of the reception of such instrument, paper or notice, giving the day, hour and minute as set out in the original notation of recording made by him upon the instrument, paper or notice itself, and the name of the person at whose request it is recorded, which record and certificate he shall authenticate with his official signature, but for which certificate and authentication he shall not be authorized or permitted to collect a fee.

History:

[(31-2414) 1903, p. 428, sec. 3; reen. R.C. & C.L., sec. 2073; C.S., sec. 3646; I.C.A., sec. 30-1914; am. 1989, ch. 90, sec. 7, p. 213.]
Idaho Code § 31-3401 — Idaho Code / Title 31 / Chapter 34 / Section 31-3401
31-3401 POWERS AND DUTIES OF THE BOARD OF COUNTY COMMISSIONERS.
Status: in_force

31-3401. Powers and duties of the board of county commissioners. The boards of county commissioners in their respective counties shall, under such limitations and restrictions as are prescribed by law, evaluate the need and provide to indigent persons nonmedical assistance in a temporary situation only when no alternatives exist. Nothing in this chapter shall imply county assistance is to be provided on a continuing basis. Boards of county commissioners, by resolution, shall promulgate policies and procedures, may negotiate payment to providers, and may contract for nonmedical services, pursuant to this chapter. Boards of county commissioners may fund nonmedical services for indigent persons from the county current expense fund pursuant to section 63-805, Idaho Code.

History:

[31-3401, added 1992, ch. 83, sec. 3, p. 258; am. 2022, ch. 318, sec. 5, p. 1018.]
Idaho Code § 31-4706 — Idaho Code / Title 31 / Chapter 47 / Section 31-4706
31-4706 BUDGET OF FUNDS FOR COUNTY MUSEUM PURPOSES — MAINTENANCE OF IDLE PROPERTY.
Status: in_force

31-4706. Budget of funds for county museum purposes — Maintenance of idle property. For the purpose of determining what funds must be raised by taxes for county museum purposes, the county museum board shall meet at such time as may be provided by law for the preparation of budgets, and shall make a budget of the amounts required for museum purposes, including all salaries to be paid for the current year, and shall deduct therefrom any balance remaining in its treasury, and shall then certify to the board of county commissioners the amount of said budget. The board of county commissioners may make a levy upon all taxable property in the county in the amount requested by the county museum budget. No levy for the purposes of this chapter shall exceed three-hundredths percent (.03%) on each dollar of market value for assessment purposes of taxable property in the county. When such taxes have been collected, the same shall be paid to the treasurer of the county museum board to be used for the purposes authorized by this chapter. Upon the creation and appointment of the museum board by the county commissioners, it hereby becomes a taxing unit separate and distinct from any other taxing unit or tax levy within the county under the provisions of the Idaho budget law and as such is empowered to issue tax anticipation notes or warrants as provided by law for maintaining, carrying on, conducting, payment of obligations and all other necessary expenses, incurred or to be incurred in maintaining a museum. It may be the duty of the county commissioners of any county, where property for county museum purposes is located, to levy an amount sufficient to maintain and protect such museum grounds and property.

History:

[31-4706, added 1990, ch. 393, sec. 1, p. 1104; am. 1991, ch. 52, sec. 1, p. 95; am. 1996, ch. 208, sec. 6, p. 663; am. 1996, ch. 322, sec. 18, p. 1044; am. 1997, ch. 117, sec. 4, p. 302.]
Idaho Code § 31-2216 — Idaho Code / Title 31 / Chapter 22 / Section 31-2216
31-2216 SERVICE ON SHERIFF.
Status: in_force

31-2216. Service on sheriff. Service of a paper, other than process, upon the sheriff, may be made by delivering it to him or to one of his deputies, or to a person in charge of the office during office hours, or if no such person is there, by leaving it in a conspicuous place in the office.

History:

[(31-2216) 1863, p. 475, sec. 12; R.S., sec. 1885; reen. R.C. & C.L., sec. 2038; C.S., sec. 3610; I.C.A., sec. 30-1716.]
Idaho Code § 31-501 — Idaho Code / Title 31 / Chapter 5 / Section 31-501
31-501 BONDS AUTHORIZED IN NEW COUNTIES TO PUT FINANCES ON CASH BASIS.
Status: in_force

31-501. Bonds authorized in new counties to put finances on cash basis. The board of county commissioners of any new county which may have been formed, organized or created pursuant to the acts of the legislature of the state of Idaho, approved subsequent to the first day of January, 1911, or which may be hereafter formed, organized or created, may in the exercise of its judgment and discretion when deemed advisable and in the interests and for the benefit of the county, and to enable such county to be placed as near as may be on a cash basis, issue and negotiate coupon bonds at such time and in such manner and upon such terms as are deemed for the best interests of the county, in order to provide funds with which to pay and entirely discharge any part, either on all of the warrant, bonded, floating or other indebtedness or obligations which may have been either assumed or are owing by such new county to the county or counties out of which such new county was formed or the indebtedness incurred by such new county in the transcribing and certifying of records and the preparing of indexes, in the purchase and providing of books, records, furniture, fixtures, office supplies, safes, vaults and a jail, in the employment of accountants and appraisers and for other ordinary and necessary equipment and expense incident to the organization of such new county, or an amount of the then outstanding warrant indebtedness of such new county equal to the amount previously expended by such new county for the purpose or purposes herein above-mentioned, and such bonds shall constitute a legal charge and obligation of the county.

History:

[(31-501) 1915, ch. 20, part of sec. 1, p. 72; reen. C.L. 146:1; C.S., sec. 3759; I.C.A., sec. 30-401.]
Idaho Code § 31-414 — Idaho Code / Title 31 / Chapter 4 / Section 31-414
31-414 TRANSFER OF RECORDS — SALE OF PROPERTY.
Status: in_force

31-414. Transfer of records — Sale of property. Promptly after such consolidation becomes effective, all records, files, proceedings, instruments, documents, bonds, reports, maps, plats, rolls and the like shall be delivered to and taken possession of by the appropriate officer of the county with which the consolidation has been made, and the same shall become a part of the official files and records of such office. All property of the formerly existing county shall become the property of the consolidated county and shall be managed, handled and disposed of as other county property. Any real property and equipment such as court house, jail or hospital, no longer required, may be sold as like county property is sold.

History:

[31-414, added 1933, ch. 135, sec. 14, p. 206.]
Idaho Code § 31-3922 — Idaho Code / Title 31 / Chapter 39 / Section 31-3922
31-3922 DISSOLUTION.
Status: in_force

31-3922. dissolution. Dissolution of any ambulance service district organized under the provisions of section 31-3911, Idaho Code, may be initiated by a petition signed by at least twenty-five percent (25%) of the qualified electors within the ambulance service district, requesting dissolution of the ambulance service district, in the following manner:

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

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

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

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

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

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

History:

[31-3922, added 2020, ch. 209, sec. 20, p. 614.]
Idaho Code § 31-1405 — Idaho Code / Title 31 / Chapter 14 / Section 31-1405
31-1405 NOTICE OF ELECTION.
Status: in_force

31-1405. Notice of election. After the county commissioners have made their order finally fixing and determining the boundaries of the proposed district, the clerk of the board of county commissioners shall cause to be published a notice of an election to be held, subject to the provisions of section 34-106, Idaho Code, in such proposed fire protection district for the purpose of determining whether or not the same shall be organized under the provisions of this chapter. Such notice shall plainly and clearly designate the boundaries of such proposed fire protection district, and shall state the name of the proposed district as designated in the petition and shall state that a map showing the boundaries of said district is on file in his office.

Such notice shall be published first not less than fifteen (15) days prior to the election, and a second publication not less than five (5) days prior to such election, in a newspaper published within the county aforesaid. Such notice shall require the electors to cast ballots which shall contain the words "…. fire protection district, yes," or "…. fire protection district, no" or words equivalent thereto. No person shall be entitled to vote at any election held under the provisions of this chapter unless he shall possess all the qualifications required of electors under the general laws of the state, and be a resident of the proposed district.

If the district is to be situated in two (2) or more counties, the boards of county commissioners shall provide that the election be held on the same day in each county.

History:

[31-1405, added 1943, ch. 161, sec. 5, p. 324; am. 1986, ch. 137, sec. 3, p. 368; am. 1995, ch. 118, sec. 26, p. 452; am. 2006, ch. 318, sec. 3, p. 991.]
Idaho Code § 31-4101 — Idaho Code / Title 31 / Chapter 41 / Section 31-4101
31-4101 DEFINITIONS.
Status: in_force

31-4101. Definitions. As used in this act the term:

1. "Service unit" means any structure inhabited by human beings for dwelling purposes and shall include each home, each apartment within a structure, and each unit within a motel or hotel structure or complex and shall include any establishment which sells, rents, leases to or maintains on the premise for the enjoyment of their customers electronic equipment which receives translator signals.

2. "Translator" means any facility within this state which is operated to receive and amplify the signals broadcast by one or more television stations and redistribute the signals by appropriate broadcasting means but shall not include redistribution of signals by wire or cable.

History:

[31-4101, added 1969, ch. 308, sec. 1, p. 944.]
Idaho Code § 31-2411 — Idaho Code / Title 31 / Chapter 24 / Section 31-2411
31-2411 ENDORSEMENT OF BOOK AND PAGE OF RECORD — DELIVERY TO PARTY.
Status: in_force

31-2411. Endorsement of book and page of record — Delivery to party. The recorder must also endorse upon each instrument, paper or notice, the book and pages or instrument number in which it is recorded, and must thereafter deliver it upon request to the party leaving the same for record. If an approved electronic system is used, the recorder shall endorse upon each instrument a suitable reference number to enable direct retrieval of the recorded document from the electronic system.

History:

[(31-2411) 1863, p. 475, sec. 75; R.S., sec. 2031; reen. R.C. & C.L., sec. 2070; C.S., sec. 3643; I.C.A., sec. 30-1911; am. 1989, ch. 90, sec. 5, p. 213; am. 2005, ch. 243, sec. 6, p. 760.]
Idaho Code § 31-4901 — Idaho Code / Title 31 / Chapter 49 / Section 31-4901
31-4901 FINDINGS AND PURPOSE.
Status: in_force

31-4901. Findings and purpose. (1) The legislature hereby finds and declares that the disposal of solid waste and domestic septage within the state of Idaho is an important public purpose, and that the creation of independent regional districts to administer solid waste or domestic septage disposal is an efficient and cost-effective method of meeting the state's solid waste or domestic septage disposal needs.

(2) The purpose of this chapter is to enable counties to establish regional solid waste or domestic septage districts for the purpose of providing a regional solution to the problem of solid waste or domestic septage disposal through the operation and maintenance of a regional solid waste or domestic septage system.

(3) The foregoing purpose is hereby declared to be a valid public purpose within the police powers of the state of Idaho.

History:

[31-4901, added 1990, ch. 390, sec. 1, p. 1085; am. 2001, ch. 175, sec. 2, p. 596.]
Idaho Code § 31-4409 — Idaho Code / Title 31 / Chapter 44 / Section 31-4409
31-4409 JOINT OPERATION BY COUNTIES.
Status: in_force

31-4409. Joint operation by counties. Any maintenance and/or operation of a solid waste disposal system required by this act may be done jointly with any other county or counties.

History:

[31-4409, added 1970, ch. 104, sec. 9, p. 259; am. 1971, ch. 61, sec. 9, p. 137.]
Idaho Code § 31-1404 — Idaho Code / Title 31 / Chapter 14 / Section 31-1404
31-1404 NOTICE OF HEARING.
Status: in_force

31-1404. Notice of hearing. When such petition is presented to the board of county commissioners and filed in the office of the clerk of such board, the said board shall set a time for a hearing upon such petition, which time shall not be less than four (4) nor more than six (6) weeks, from the date of the presentation and filing of such petition. A notice of the time of such hearing shall be published by said board, once each week for three (3) successive weeks previous to the time set for such hearing, in a newspaper published within each county in which said district is to be situated. Said notice shall state that a fire protection district is proposed to be organized, giving the proposed boundaries thereof, and that any taxpayer within the proposed boundaries of such proposed district may on the date fixed for such hearing appear and offer any testimony pertaining to the organization of such district, the proposed boundaries thereof or the including or excluding of any real property therein or therefrom. After hearing and considering any and all testimony, if any such be interposed, the county commissioners shall thereupon make an order thereon either denying such petition or granting the same, with or without modification, and shall accordingly fix the boundaries of such proposed district in any order granting such petition. The boundaries so fixed shall be the boundaries of said district after its organization be completed as provided by this chapter, and a map showing the boundaries of such proposed district as finally fixed and determined by the board of county commissioners shall be prepared and filed in the office of the clerk of said board.

If the district is to be situated in two (2) or more counties, each board of county commissioners shall coordinate the hearing date and the publications of notice so that only one (1) hearing need be held. Unless otherwise agreed to by each board of county commissioners involved, the hearing shall be held in the county with the largest area to be included within the district, and the boards of county commissioners are hereby specifically authorized to act in a joint manner for such purposes.

History:

[31-1404, added 1943, ch. 161, sec. 4, p. 324; am. 1986, ch. 137, sec. 2, p. 368; am. 1996, ch. 360, sec. 1, p. 1212.]
Idaho Code § 31-3213 — Idaho Code / Title 31 / Chapter 32 / Section 31-3213
31-3213 PENSIONERS EXEMPT FROM PAYING FEE — PENALTY FOR CHARGING.
Status: in_force

31-3213. Pensioners exempt from paying fee — Penalty for charging. No judge or clerk of court, county clerk, county auditor or any other county officer shall be allowed to charge any honorably discharged male or female veteran who had active service in any war or conflict officially engaged in by the government of the United States or their dependents or legal representative thereof, any fee for administering any oath or giving any official certificate for the procuring of any pension, bounty or back pay, nor for administering any oath or oaths and giving the certificate required upon any voucher for collection of periodical dues from the pension agent, nor any fee for services rendered in perfecting any voucher. Any such officer who may require and accept fees for such services shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than ten dollars ($10.00) nor more than fifty dollars ($50.00).

History:

[(31-3213) 1895, p. 36, secs. 1, 2; reen. 1899, p. 242, secs. 1, 2; reen. R.C. & C.L., sec. 2129a; C.S., sec. 3714; I.C.A., sec. 30-2713; am. 1969, ch. 24, sec. 1, p. 48.]
Idaho Code § 31-710 — Idaho Code / Title 31 / Chapter 7 / Section 31-710
31-710 MEETINGS.
Status: in_force

31-710. Meetings. (1) The regular meetings of the boards of commissioners must be held at their respective county seats on the second Monday of each month of the year, or if the board determines that county affairs require regular meetings more often, then at such times as may be provided for in advance by ordinance, and must continue from time to time until all the business before them has been addressed. Such other meetings must be held, to canvass election returns, equalize taxation, and for other purposes as are prescribed by law or provided for by the board.

(2) Adjourned meetings may be provided for, fixed and held for the transaction of business, by an order duly entered of record, in which must be specified the character of business to be transacted at such meetings, and none other than that specified must be transacted.

(3) Notifications of meetings of the board shall be held in accordance with the open meetings law as provided in chapter 2, title 74, Idaho Code.

(4) All meetings of the board must be public, and the books, records, and accounts must be kept at the office of the clerk, open at all times for public inspection, free of charge.

History:

[31-710, added 1968, p. 100 secs. 4, 5, 8; 1883, p. 10, sec. 1; R.S., sec. 1755; reen. R.C. & C.L., sec. 1913; C.S., sec. 3411; I.C.A., sec. 30-610; am. 1935, ch. 110, sec. 1, p. 259; am. 1937, ch. 23, sec. 1, p. 33; am. 1939, ch. 119, sec. 1, p. 215; am. 1989, ch. 65, sec. 1, p. 105; (these sections combined in 31-710, 1989; sec. 31-711, 1869, p. 100, sec. 4, R.S., sec. 1756, reen. R.C. & C.L., sec. 1914, C.S., sec. 3412; I.C.A., sec. 30-611; sec. 31-712, 1869, p. 100, sec. 5, R.S., sec. 1757; reen. R.C. & C.L., sec. 1915; C.S., sec. 3413; I.C.A., sec. 30-612; sec. 31-713, 1869, p. 100, secs. 5, 8; R.S., sec. 1758; reen. R.C. & C.L., sec. 1916; C.S., sec. 3414; I.C.A., sec. 30-613;) am. and redesig. 1989, ch. 93, sec. 2, p. 219; am. 2017, ch. 99, sec. 2, p. 247.]
Idaho Code § 31-604 — Idaho Code / Title 31 / Chapter 6 / Section 31-604
31-604 ENUMERATION OF POWERS.
Status: in_force

31-604. Enumeration of powers. It has power:

1. To sue and be sued.

2. To purchase and hold lands.

3. To make such contracts, and purchase and hold such personal property, as may be necessary to the exercise of its powers.

4. To make such orders for the disposition or use of its property as the interests of its inhabitants require.

5. To levy and collect such taxes for purposes under its exclusive jurisdiction as are authorized by law.

6. Such other and further authority as may be necessary to effectively carry out the duties imposed on it by the provisions of the Idaho Code and constitution.

History:

[(31-604) 1870, p. 76, sec. 1; R.S., sec. 1733; reen. R.C. & C.L., sec. 1901; C.S., sec. 3399; I.C.A., sec. 30-504; am. 1989, ch. 74, sec. 1, p. 128; am. 1990, ch. 123, sec. 1, p. 293.]
Idaho Code § 31-3403 — Idaho Code / Title 31 / Chapter 34 / Section 31-3403
31-3403 DEFINITIONS.
Status: in_force

31-3403. Definitions. As used in this chapter:

(1) "Adult household member" means any individual eighteen (18) years of age and over who resides in the household.

(2) "Anticipated future income" means a reasonable expectation of income to the household based on an analysis of past income, future income, current income, experience, skills, education, inheritance and possible assets from any source.

(3) "Applicant" means the individual and all others in the household who are requesting nonmedical assistance and who submit a county application.

(4) "Assets" means property rights including, but not limited to, personal, real, tangible and intangible property.

(5) "Authorized representative" means the applicant's guardian or appointed attorney-in-fact.

(6) "Board" means a board of county commissioners.

(7) "Clerk" means the clerk of a board of county commissioners or his designee.

(8) "Emergency" means any circumstance demanding immediate action.

(9) "Household" means a collective body of persons consisting of spouses or parents and their children who reside in the same residence; or all other persons who by choice or necessity are mutually dependent upon each other for basic necessities and who reside in the same residence.

(10) "Indigent" means any applicant who does not have resources available from whatever source which shall be sufficient to enable the applicant to provide nonmedical assistance or a portion thereof.

(11) "Information release" means the document authorizing release of confidential information.

(12) "Investigation" means a detailed examination of the application and information required from the applicant and others to verify eligibility.

(13) "Nonmedical assistance" means reasonable costs for assistance, which includes food, shelter and provision of public defender services, and other such necessary services determined by the board by resolution.

(14) "Obligated county for payment" means the county wherein residency has been established.

(15) "Recipient" means the individual(s) determined eligible for county assistance.

(16) "Repayment" means the authority of the board of county commissioners to require indigent person(s) to repay the county for assistance when investigation of their application determines their ability to do so.

(17) "Resident" means a person with a home, house, place of abode, place of habitation, dwelling or place where one actually lived for a consecutive period of thirty (30) days or more prior to the date of application.

(18) "Resource" means assets, whether tangible or intangible, real or personal, liquid or nonliquid, including, but not limited to, gifts, bequests, grants, all forms of public or private assistance, crime victims compensation, worker's compensation, veteran's benefits, medicaid, medicare and any other property from any source for which an applicant and/or an obligated person may be eligible or in which he or she may have an interest. For purposes of determining approval for nonmedical indigency only, resources shall not include the value of the homestead of the applicant or obligated person's residence, a burial plot, exemptions for personal property allowed in section 11-605(1) through (3), Idaho Code, and additional exemptions allowed by county resolution.

History:

[31-3403, added 1992, ch. 83, sec. 3, p. 258; am. 1998, ch. 204, sec. 1, p. 723; am. 2014, ch. 97, sec. 19, p. 282; am. 2016, ch. 214, sec. 2, p. 600.]
Idaho Code § 31-821 — Idaho Code / Title 31 / Chapter 8 / Section 31-821
31-821 ADOPTION OF SEAL.
Status: in_force

31-821. Adoption of seal. To adopt a seal for their board.

History:

[(31-821) R.S., sec. 1759; R.C., sec. 1917u, as added by 1913, ch. 143, sec. 2, p. 508; reen. C.L., sec. 1917u; C.S., sec. 3436; I.C.A., sec. 30-727.]
Idaho Code § 31-2008 — Idaho Code / Title 31 / Chapter 20 / Section 31-2008
31-2008 USE OF OFFICIAL NAME INCLUDES DEPUTIES.
Status: in_force

31-2008. Use of official name includes deputies. Whenever the official name of any principal officer is used in any law conferring power, or imposing duties or liabilities, it includes his deputies.

History:

[(31-2008) R.S., sec. 1820; am. and reen. R.C. & C.L., sec. 1980; C.S., sec. 3550; I.C.A., sec. 30-1508.]
Idaho Code § 31-5702 — Idaho Code / Title 31 / Chapter 57 / Section 31-5702
31-5702 PETITION OR RESOLUTION FOR CONSOLIDATION TO BE FILED IN EACH PARTICIPATING COUNTY — QUESTION TO BE SUBMITTED — ALL COUNTIES MUST APPROVE — TRANSITION.
Status: in_force

31-5702. Petition or resolution for consolidation to be filed in each participating county — Question to be submitted — All counties must approve — Transition. (1) Upon a resolution or petition meeting the signature requirements of section 31-5004(1)(b), Idaho Code, filed with the governing body of each participating county, the governing body of each participating county shall submit to its electors at the same general election the question of whether the duties and responsibilities of one (1) or more county offices shall be consolidated between two (2) or more counties as proposed in the resolution or petition with all other characteristics of the county government of each participating county to continue unchanged. The petition or resolution submitted to the electors of each county shall meet the requirements of section 31-5004, Idaho Code, and shall contain the same proposals with respect to the office or offices to be consolidated. The consolidation shall be approved upon a majority vote of the electors in each county, voting separately. If the consolidation is not approved in all participating counties, the measure shall be deemed to have failed in all participating counties.

(2) The petition or resolution for consolidation filed in each of the participating counties shall provide, with respect to each office proposed to be consolidated, as follows:

(a) For the election of one (1) officer to perform the duties and responsibilities of the office on behalf of all the participating counties for a term not to exceed four (4) years, citing the effect of the consolidation upon any incumbents in office in the participating counties as authorized in section 31-5007, Idaho Code. Any residency requirements of the office shall be waived in the event of a consolidation under the provisions of this chapter; or

(b) For the appointment of one (1) or more parties, or for the execution of one (1) or more contracts with one (1) or more service providers to perform the duties and responsibilities of the office being consolidated on behalf of all of the participating counties. The resolution or petition filed in each participating county shall indicate by whom and the manner in which any appointee is to be appointed and by whom and the manner in which any service provider is to be selected. Any person proposed for appointment and any contract with a service provider must be approved by the governing body of each participating county.

(3) The petition or resolution submitted to the electors shall provide for the orderly transition to the proposed consolidation of offices.

History:

[31-5702, added 1996, ch. 283, sec. 8, p. 945.]
Idaho Code § 31-4203 — Idaho Code / Title 31 / Chapter 42 / Section 31-4203
31-4203 DEFINITIONS.
Status: in_force

31-4203. Definitions. The following terms, wherever used or referred to in this chapter, shall have the following respective meanings, unless a different meaning clearly appears from the context:

(a) "Authority" or "housing authority" shall mean any of the public corporations created by section 31-4205, Idaho Code.

(b) "Housing project" shall mean any work or undertaking:

(1) To demolish, clear or remove buildings from any slum area; such work or undertaking may embrace the adoption of such area to public purposes, including parks or other recreational or community purposes; or

(2) To provide decent, safe and sanitary urban or rural dwellings, apartments or other living accommodations for persons of low income; such work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, roads, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, welfare or other purposes; or

(3) To accomplish a combination of the foregoing.

The term "housing project" also may be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith; to buildings, and the land, equipment, facilities and other real or personal property, which do not contain dwelling units or other living accommodations for persons of low income when such buildings are utilized for administrative, community, health, recreational, welfare or other purposes by or for low-income persons or senior citizens, and redevelopment projects carried out by an authority at the request of local government when such projects include dwelling units which are sold or rented to persons of low income.

(c) "Governing body" shall mean the council, board of commissioners, board of trustees or other body having charge of the fiscal affairs of the state public body.

(d) "Federal government" shall include the United States of America, the United States department of housing and urban development, or any other agency or instrumentality, corporate or otherwise, of the United States of America.

(e) "County" or "counties" shall include all counties in the state of Idaho as designated in chapter 1, title 31, Idaho Code.

(f) "Clerk" shall mean the county clerk or the officer charged with the duties customarily imposed on such clerk.

(g) "Area of operation" shall mean the entire county except within the corporate limits of cities in the county which have presently, or hereafter create, a housing authority under title 50, chapter 19, Idaho Code; provided however, that a county housing authority may continue to own and operate any housing project for which it has become financially obligated which is located in a city that subsequently creates a housing authority or is located in an area annexed by a city that has created or subsequently creates a housing authority.

(h) "Slum" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding, lack of ventilation, light or sanitary facilities or any combination of these factors, are detrimental to safety, health or morals.

(i) "Person of low income" shall mean persons or families who lack the amount of income which is necessary, as determined by the authority undertaking the housing project, to enable them, without financial assistance, to live in decent, safe and sanitary dwellings without overcrowding.

(j) "Bonds" shall mean any bonds, notes, interim certificates, debentures or other obligations issued by an authority pursuant to this chapter.

(k) "Real property" shall include all lands, including improvements and fixtures thereon, and property of any nature, appurtenant thereto, or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.

(l) "Obligee of the authority" or "obligee" shall include any bondholder, trustee or trustees for any bondholders, or lessors demising, to the authority, property used in connection with a housing project, or any assignee or assignees of such lessor's interest or any part thereof, and the federal government when it is a party to any contract with the authority.

History:

[31-4203, added 1970, ch. 211, sec. 3, p. 584; am. 2001, ch. 260, sec. 1, p. 936.]
Idaho Code § 31-5201 — Idaho Code / Title 31 / Chapter 52 / Section 31-5201
31-5201 COMMISSION-EXECUTIVE FORM.
Status: in_force

31-5201. Commission-executive form. The form of government provided in this chapter shall be known as the commission-executive. Each county operating under this form shall be governed by an elected board of county commissioners and an elected executive and the other officers specified in the resolution or petition from the choices provided in sections 31-5209 through 31-5214, Idaho Code.

History:

[31-5201, added 1996, ch. 283, sec. 3, p. 923.]
Idaho Code § 31-5204 — Idaho Code / Title 31 / Chapter 52 / Section 31-5204
31-5204 POWERS OF EXECUTIVE.
Status: in_force

31-5204. Powers of executive. (1) The executive shall be the chief administrative official of the county and shall have all the powers and perform all the duties of an executive and administrative nature vested in, or imposed upon, the county or the board of county commissioners by law or by agreement with any municipality or other subdivision of the state. In addition to such other responsibilities as may be imposed upon him by law the county executive shall:

(a) Report annually to the board of county commissioners and the people on the state of the county. He shall also recommend to the board of county commissioners whatever action or programs he deems necessary for the improvement of the county and the welfare of its residents;

(b) See that the ordinances of the county and the resolutions of the board of county commissioners are complied with and faithfully executed, execute all contracts and conveyances in the name of and on behalf of the county, and provide for the enforcement of all laws of the state subject to his enforcement or the enforcement of officers under his direction and supervision;

(c) Prepare and submit an annual budget for the county to the board of county commissioners. The executive shall be the county budget officer and shall be responsible for the performance of the duties of the county budget officer as provided in chapter 16, title 31, Idaho Code, and any other provisions of law imposing duties upon the county budget officer;

(d) Keep the board of county commissioners fully advised as to the financial condition and needs of the county and make such other reports from time to time as required by the board or as he deems necessary;

(e) Furnish the board of county commissioners with information concerning the operations of county departments, boards or commissions, necessary for the board to exercise its powers or as requested by the board;

(f) Preside over the meetings of the board of county commissioners and determine the order of business subject to any rules the board may prescribe, take part in the discussions, and recommend measures for adoption;

(g) Exercise the executive authority of the county to appoint, supervise, suspend and remove county personnel and make nominations and appointments to additional offices, advisory boards and committees.

(2) The executive may call special meetings of the board of county commissioners, the object of which shall be submitted to the board in writing.

(3) The executive may appoint an administrative assistant, qualified by education and experience, who shall be responsible for the orderly and efficient operation and coordination of the various departments, boards, and commissions of the county.

History:

[31-5204, added 1996, ch. 283, sec. 3, p. 924.]
Idaho Code § 31-406 — Idaho Code / Title 31 / Chapter 4 / Section 31-406
31-406 HEARING OF CONTEST.
Status: in_force

31-406. Hearing of contest. Said petition, with any such contesting lists and affidavits, shall be presented to the court, or to the judge thereof at chambers if the court is not in session, not less than ten (10) nor more than fifteen (15) days after the petition has been filed with the clerk. If any contest has been filed as herein provided, the court or judge shall set a date for hearing the same at a time not more than ten (10) days later. At the time set the court, or judge at chambers, shall hear all evidence for and against said petition, and shall strike from such petition all names proved by competent evidence to be fictitious and the names of persons having no legal right to sign the same, and also all names not legally signed thereto. In case there shall be no contest, or if the court or judge finds, after striking from said petition all names proved to be fictitious, and all names not legally signed thereto, that the petition still contains the number of qualified signers required by this act, the court or judge shall order an election according to the prayer of the petition. In case of contest, subpoena may be issued as in other cases. All cases of contest arising upon such petitions shall have precedence over all other cases.

History:

[31-406, added 1933, ch. 135, sec. 6, p. 206.]
Idaho Code § 31-3415 — Idaho Code / Title 31 / Chapter 34 / Section 31-3415
31-3415 DIVESTITURE.
Status: in_force

31-3415. Divestiture. Applicants who have divested their assets or resources within three (3) months prior to applying for county assistance in order to become eligible shall be denied assistance.

History:

[31-3415, added 1992, ch. 83, sec. 3, p. 262.]
Idaho Code § 31-2608 — Idaho Code / Title 31 / Chapter 26 / Section 31-2608
31-2608 COUNTY STENOGRAPHERS — COMPENSATION.
Status: in_force

31-2608. County stenographers — Compensation. The board of county commissioners of any county in this state may if they deem it advisable for the best interests of the county, employ competent stenographers at a compensation, to be fixed by said board, to take and transcribe testimony at preliminary hearings or examinations.

History:

[(31-2608) 1909, p. 146, sec. 1; am. 1913, ch. 59, sec. 1, p. 244; reen. C.L., sec. 2086a; C.S., sec. 3659; am. 1929, ch. 96, sec. 1, p. 158; I.C.A., sec. 30-2108; am. 1953, ch. 220, sec. 1, p. 335.]
Idaho Code § 31-2501 — Idaho Code / Title 31 / Chapter 25 / Section 31-2501
31-2501 DUTIES OF ASSESSOR.
Status: in_force

31-2501. Duties of assessor. The assessor's duties are prescribed in title 63, relating to revenue.

History:

[(31-2501) R.C., sec. 2079; am. 1913, ch. 128, sec. 1, p. 475; compiled and reen. C.L., sec. 2079; C.S., sec. 3652; I.C.A., sec. 30-2001.]
Idaho Code § 31-125 — Idaho Code / Title 31 / Chapter 1 / Section 31-125
31-125 GEM COUNTY.
Status: in_force

31-125. Gem county. Gem county is described as follows: beginning at the southeast corner of township six (6) north, range one (1) east; thence north twenty-four (24) miles, to the northeast corner of township nine (9) north, range one (1) east; thence east three (3) miles, to the southeast corner of section thirty-three (33), township ten (10) north, range two (2) east; thence north twelve (12) miles, to the southeast corner of section thirty-three (33), township twelve (12) north, range two (2) east; thence east three (3) miles to the southeast corner of township twelve (12) north, range two (2) east; thence north twelve (12) miles to the northeast corner of township thirteen (13) north, range two (2) east; thence west along the north boundary of said township and range, to the intersection with the east boundary of Adams county; thence in a southwesterly direction along the southeast boundary of Adams county, to its intersection with the boundary of Washington county; thence in a southerly direction along the east boundary of Washington county, to its intersection with the north boundary of Canyon county on the north line of township nine (9) north, range one (1) east; thence west along the north boundary of Canyon county to the northwest corner of section three (3), township nine (9) north, range one (1) west; thence south on the section line six (6) miles, to the southeast corner of section thirty-three (33) of said township and range; thence west on the township line between townships eight (8) and nine (9), four (4) miles to the northwest corner of section one (1), township eight (8) north, range two (2) west; thence south on section line four (4) miles, to the southwest corner of section twenty-four (24), said township and range; thence west on section line two (2) miles, to the northwest corner of section twenty-seven (27), said township and range; thence south on section line two (2) miles, to the southeast corner of section thirty-three (33), said township and range; thence west on township line between townships seven (7) and eight (8), seven (7) miles, to the southwest corner of section thirty-three (33), township eight (8) north, range three (3) west; thence south on section line twelve (12) miles, to the southwest corner of section thirty-three (33), township six (6) north, range three (3) west; thence east on township line between townships five (5) and six (6), twenty-two (22) miles, to place of beginning.

County seat–Emmett.

History:

[(31-125) Compiled and reen. C.L. 3:23; C.S., sec. 29; I.C.A., sec. 30-125.]
Idaho Code § 31-2018 — Idaho Code / Title 31 / Chapter 20 / Section 31-2018
31-2018 COUNTY OFFICIALS — LIMITATION ON PERSONAL LIABILITY.
Status: in_force

31-2018. County officials — Limitation on personal liability. County officials shall strictly account for all public moneys and property under their care and control while holding public office but shall not be personally liable for loss of any such public moneys or property when the cause of such loss is fire, flood, earthquake, or other natural or man-made disaster or when caused by theft, robbery, or the criminal conduct of another person who is not a county official or employee. Each county shall indemnify its officials and employees against all losses of public moneys or property, except those which are the result of negligence, gross negligence, or intentional conduct by the public official or employee, pursuant to the authority in the Idaho tort claims act.

History:

[31-2018, added 1988, ch. 4, sec. 1, p. 5.]
Idaho Code § 31-4820 — Idaho Code / Title 31 / Chapter 48 / Section 31-4820
31-4820 IDAHO PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS AND DATA SYSTEMS FUND — ESTABLISHMENT AND ADMINISTRATION.
Status: in_force

31-4820. IDAHO PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS AND DATA SYSTEMS FUND — ESTABLISHMENT AND ADMINISTRATION. (1) There is hereby created within the treasury of the state of Idaho a separate fund known as the Idaho public safety interoperable communications and data systems fund. This fund may consist of moneys received from the state, counties, cities, grants, donations, gifts and other revenues.

(2) Moneys in the fund are hereby continuously appropriated and shall be utilized exclusively for the purposes set forth in this chapter.

(3) Annually, at the direction of the commission, a budget shall be prepared allocating a portion of the available funds for administration of the public safety interoperable communications and data systems programs, for the purposes of this section.

History:

[31-4820, added 2016, ch. 127, sec. 9, p. 373.]
Idaho Code § 31-1403 — Idaho Code / Title 31 / Chapter 14 / Section 31-1403
31-1403 PETITION.
Status: in_force

31-1403. Petition. (1) A petition shall first be presented to the board of county commissioners and filed with the clerk of the board of commissioners of each county in which the proposed fire protection district is to be situated, signed by the number of holders of title, or evidence of title specified in section 31-1402, Idaho Code, which petition shall plainly and clearly designate the boundaries of the proposed fire protection district, and shall state the name of the proposed district, and shall be accompanied by a map thereof. The petition, together with all maps and other papers filed therewith shall, at all proper hours, be open to public inspection in the office of said clerk of the board of commissioners between the date of their said filing and the date of the election. The petition may be in one (1) paper or in several papers.

(2) Whenever a petition shall be filed, prior to the publication of notice of hearing pursuant to section 31-1404, Idaho Code, the petitioners shall deposit with the board of county commissioners a sum sufficient to defray the costs of publishing and election as provided by this chapter. In the event a fire protection district is organized, the petitioners shall be reimbursed the amount of their deposit from the first tax moneys collected by the district as provided by this chapter. The amount required to be paid under this subsection shall be determined by the board of county commissioners.

History:

[31-1403, added 1943, ch. 161, sec. 3, p. 324; am. 1986, ch. 137, sec. 1, p. 367; am. 2006, ch. 318, sec. 2, p. 991.]
Idaho Code § 31-810 — Idaho Code / Title 31 / Chapter 8 / Section 31-810
31-810 PAYMENT OF CLAIMS.
Status: in_force

31-810. Payment of claims. To examine, settle and allow all accounts legally chargeable against the county, and order warrants to be drawn on the county treasurer therefor, and provide for the issuing of the same.

History:

[(31-810) R.S., sec. 1759; R.C., sec. 1917j, as added by 1913, ch. 143, sec. 2, p. 507; reen. C.L., sec. 1917j; C.S., sec. 3425; I.C.A., sec. 30-716.]
Idaho Code § 31-5809 — Idaho Code / Title 31 / Chapter 58 / Section 31-5809
31-5809 OTHER CHARTER PROVISIONS — EFFECTIVE DATE OF CHARTER.
Status: in_force

31-5809. Other charter provisions — Effective date of charter. The charter shall include such provisions as may be necessary to permit an orderly transition to the new form of government. The listing of charter provisions in this chapter shall not be construed to prevent the inclusion of additional lawful provisions in charters. The charter shall specify the date on which the charter will take effect.

History:

[31-5809, added 1996, ch. 129, sec. 1, p. 450.]
Idaho Code § 31-3201J — Idaho Code / Title 31 / Chapter 32 / Section 31-3201J
31-3201J PRETRIAL SUPERVISION FEE.
Status: in_force

31-3201J. pretrial supervision fee. (1) Any person under a supervised pretrial release program may be required to pay an amount not more than the maximum monthly misdemeanor probation supervision fee set forth in section 31-3201D, Idaho Code, per month, or such lesser sum as determined by the administrative judge of the judicial district, as a pretrial release supervision fee to cover the actual costs of supervising the defendant while in the supervised pretrial release program.

(2) A defendant shall not be required to pay the pretrial supervision fee authorized in subsection (1) of this section until after a judgment of conviction or withheld judgment.

(3) The pretrial supervision fee shall be paid to the clerk of the court, who shall pay such fees to the county treasurer. Such fees shall be used exclusively to cover the costs of the pretrial services provided by the pretrial services agency that has been designated to provide such services.

(4) The court may also order the defendant to pay additional fees to cover the actual costs of electronic monitoring, alcohol testing, or drug testing if such monitoring or testing is a condition of the defendant's release. Such additional fees may be paid to the clerk of the court or directly to the provider of the service. If fees are paid to the clerk of the court, the clerk of the court shall pay such fees to the county treasurer and such fees shall be used exclusively to cover the costs for which the additional fees have been ordered.

(5) Based on a finding of indigence or other good cause, the court may exempt the defendant from the payment of all or any part of the fees authorized by this section, and no defendant shall be denied release or denied participation in a supervised pretrial release program because of an inability to pay the fees authorized by this section. Any unpaid pretrial services fee shall be considered a debt owed to the court and may be collected in the manner provided by law for the collection of such debts.

History:

[31-3201J, added 2019, ch. 217, sec. 3, p. 658; am. 2020, ch. 281, sec. 5, p. 821.]
Idaho Code § 31-1420 — Idaho Code / Title 31 / Chapter 14 / Section 31-1420
31-1420 PROCEDURE FOR SALE, CONVEYANCE AND DISPOSITION OF PROPERTY.
Status: in_force

31-1420. Procedure for sale, conveyance and disposition of property. Real or personal property of a fire protection district may be sold, conveyed and disposed of by its board of commissioners whenever the board finds and by resolution declares that the district no longer has use therefor, subject to the following procedure:

(1) If in the opinion of the board any such personal property does not exceed ten thousand dollars ($10,000) in value, the same may be sold without independent valuations, notice or competitive bids.

(2) If in the opinion of the board any such personal property exceeds ten thousand dollars ($10,000) in value, then the board shall select two (2) individuals independent of the board who have the knowledge and expertise to determine the value of the personal property to assess the value of the property. The property may then be sold at public or private sale to the highest bidder for cash at not less than its minimum valuation, after due notice. If the property cannot be sold for the minimum valuation after reasonable efforts have been made, the board may then sell the property for adequate and valuable consideration as determined by the board. Any individual selected by the board to assess the value of personal property shall not be eligible to acquire that property.

(3) All such real property shall be appraised by a certified appraiser who shall be selected by the board. It may then be exchanged for other real property of equivalent value as determined by the board or sold at public or private sale to the highest bidder for cash at not less than its appraised value, after due notice. If the property cannot be sold for the appraised value after reasonable efforts have been made, the board may then sell the property for adequate and valuable consideration as determined by the board.

(4) Due notice of sale shall be accomplished if the notice describes the property to be sold (legal description, if real property), states the appraised value thereof (by separate items, if so appraised), and specifies the time, place and conditions of sale.

(5) The notice shall be published in a newspaper having general circulation in the district at least twice, the first publication thereof to be not less than fifteen (15) days preceding the day of sale.

(6) If such property is sold on terms, the board may contract for the sale of the same for a period of years not exceeding ten (10) years, with an annual rate of interest on all deferred payments not to exceed twelve percent (12%) per annum. The title to all property sold on contract shall be retained in the name of the district until full payment has been made by the purchaser. Any property sold by the board under the provisions of this section, either for cash or on contract, shall be assessed by the county assessor in the same manner and upon the same basis of valuation as though the purchaser held a record title to the property so sold. The board shall have authority to cancel any contract of sale, pursuant to law, if the purchaser shall fail to comply with any of the terms of such contract, and retain all payments paid thereon. The board may by agreement with the purchaser modify or extend any of the terms of any contracts of sale, but the total period of years shall not exceed ten (10) years.

(7) Upon final payment pursuant to the sale of such real property, the president and secretary, pursuant to resolution of the board, shall duly execute and deliver an appropriate deed to the purchaser, and upon the accomplishment of the sale of such personal property, the president and secretary, pursuant to resolution of the board, shall duly execute and deliver an appropriate bill of sale to the purchaser.

(8) In addition to any other powers granted by law, the board of fire commissioners may, at their discretion, grant to or exchange with the federal government, the state of Idaho, any political subdivision, or taxing district of the state of Idaho, with or without compensation, any real or personal property or any interest in such property owned by the fire district or acquired by tax deed, after adoption of a resolution that the grant or exchange of property is in the public interest. Such resolution may be made at any regularly or specially scheduled meeting of the board. Notice of such grant or exchange shall be made in the same manner as set forth in subsections (4) and (5) of this section. The fire protection district's execution and delivery of the deed conveying an interest in the property shall operate to discharge and cancel all levies, liens and taxes made or created for the benefit of the fire protection district and to cancel all titles or claims of title including claims of redemption to such real property asserted or existing at the time of such conveyance.

History:

[(31-1420) 31-1417A, added 1965, ch. 52, sec. 1, p. 84; am. 2000, ch. 337, sec. 1, p. 1130; am. and redesig. 2006, ch. 318, sec. 17, p. 1002; am. 2015, ch. 272, sec. 1, p. 1127; am. 2018, ch. 188, sec. 1, p. 413.]
Idaho Code § 31-4329 — Idaho Code / Title 31 / Chapter 43 / Section 31-4329
31-4329 ADOPTION OF BUDGET — PUBLIC HEARING.
Status: in_force

31-4329. Adoption of budget — Public hearing. A board shall adopt a budget and cause a public hearing to be held upon such budget prior to certifying a tax levy to a board of county commissioners.

History:

[I.C., sec. 31-4329, as added by 1973, ch. 83, sec. 1, p. 132.]
Idaho Code § 31-1901 — Idaho Code / Title 31 / Chapter 19 / Section 31-1901
31-1901 COMMISSIONERS MAY ISSUE FUNDING AND REFUNDING BONDS.
Status: in_force

31-1901. Commissioners may issue funding and refunding bonds. The board of county commissioners of any county in this state may issue negotiable coupon bonds of their county for the purpose of paying, redeeming, funding or refunding the outstanding indebtedness of the county, including an obligation meeting the criteria of section 63-1315, Idaho Code, whether the indebtedness exists as a warrant indebtedness or bonded indebtedness. All such bonds shall be in the form and shall be issued, sold or exchanged and redeemed in accordance with the provisions of chapter 2, title 57, Idaho Code, known as the "municipal bond law" of the state of Idaho, except where different provision is made herein. Provided, that the authority to fund warrant indebtedness shall extend only to the funding of warrant indebtedness existing as of the second Monday in January, 1933, and providing further that all taxes and other revenues which but for the funding of warrants would have been lawfully applicable to the redemption of the warrants so funded shall, as and when collected, be apportioned to and placed in the sinking fund for the payment of the interest and retirement of the principal of such bonds. Bonds issued for the purpose of funding warrants shall bear interest payable semiannually as the board of county commissioners may determine.

History:

[(31-1901) added 2012, ch. 339, sec. 15, p. 944; am. 2019, ch. 205, sec. 3, p. 626.]
Idaho Code § 31-115 — Idaho Code / Title 31 / Chapter 1 / Section 31-115
31-115 CAMAS COUNTY.
Status: in_force

31-115. Camas county. Camas county is described as follows: beginning at the southwest corner of township two (2) south, range twelve (12) east;

Southern boundary. Thence due east along the township line between townships two (2) and three (3) south, to the southeast corner of township two (2) south, range seventeen (17) east;

Eastern boundary. Thence north along the township line between ranges seventeen (17) and eighteen (18) east, to the southeast corner of section twelve (12), township two (2) south, range seventeen (17) east; thence west one (1) mile, to the southwest corner of section twelve (12), township two (2) south, range seventeen (17) east; thence north along the section line to the intersection of said line and the center of the channel of Big Wood river; thence westerly along said Big Wood river to the junction of Big Wood river and Malad river (or Camas creek); thence westerly along the center of the channel of Malad river (or Camas creek) to the intersection of said river and the section line between sections fourteen (14) and fifteen (15), township one (1) south, range sixteen (16) east; thence north along said section line to the township line between township one (1) south, range sixteen (16) east, and township one (1) north, range sixteen (16) east; thence east along said township line to the southeast corner of section thirty-four (34), township one (1) north, range sixteen (16) east; thence north along the section line two (2) miles to the northeast corner of section twenty-seven (27), township one (1) north, range sixteen (16) east; thence west along the section line one (1) mile to the northwest corner of section twenty-seven (27), township one (1) north, range sixteen (16) east; thence northerly along the section line to the main divide between Beaver creek on the west and Camp creek on the east; continuing thence northerly along the summit of the said mountain range or watershed between Beaver creek and Camp creek to its junction with the summit of the mountain range or watershed dividing Willow creek and its tributaries on the west and Big Wood river and its tributaries on the east; thence continuing northerly and westerly along the said last-mentioned summit across Buttercup mountain to a point which is approximately five (5) miles northwest of Buttercup mountain and two (2) miles south of the U.S.G.S. bench mark elevation 7281, on Warm Spring creek, which point is marked "Elevation 8588" on U.S.G.S. topographical map of Idaho Sawtooth quadrangle, edition of January, 1900, reprinted February, 1909; thence continuing along the summit about north thirty-five (35) degrees west to a point designated on said map of said quadrangle as "Elevation 8492"; thence westerly along said summit to a point marked "Elevation 9310" on said map; thence northerly along the summit of the Smoky mountains forming the summit of the watershed dividing the Boise river and its tributaries on the west, the Big Wood river and its tributaries on the east to its intersection with the summit of the Sawtooth mountains at a point marked "Elevation 10,000" on said map, where the said summit of the Sawtooth mountains forms a watershed dividing the Boise river and its tributaries on the west and south, the Salmon river and its tributaries on the west and north, and Big Wood river and its tributaries on the east;

Northern boundary. Thence westerly along the summit of the Sawtooth mountains, where it forms a watershed between the Boise river and its tributaries on the south, and the Salmon river and its tributaries on the north to its intersection with the eastern boundary of Elmore county at a point where the trail crosses the summit of what is known as Mattingly Creek divide;

Western boundary. 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 the 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 along the range line between ranges eleven (11) and twelve (12) to the township line between townships two (2) and three (3) south, the point of beginning.

County seat–Fairfield.

History:

[(31-115) Compiled and reen. C.L. 3:15; C.S., sec. 19; I.C.A., sec. 30-115; am. 1985, ch. 112, sec. 1, p. 218.]
Idaho Code § 31-142 — Idaho Code / Title 31 / Chapter 1 / Section 31-142
31-142 SHOSHONE COUNTY.
Status: in_force

31-142. Shoshone county. Shoshone county is described as follows: beginning at a point where the township line between townships forty-one (41) and forty-two (42) north, intersects the western boundary of the state of Montana;

Eastern boundary. Thence in a northerly direction along the said boundary and with the Bitterroot range of mountains until the said range turns in a westerly direction and is called Coeur d'Alene.

Northern boundary. Thence with the said Coeur d'Alene range of mountains in a westerly direction until a point is attained on the west line of section twenty-two (22), township fifty-four (54) north, range one (1) east, being the northwest corner of Shoshone county with Bonner county to the north and west;

Western boundary. Thence south along the section lines, approximately 2 and 3 quarter miles to the southwest corner of section thirty-four (34), township fifty-four (54) north, range one (1) east;

Thence west along the township line, approximately 0.64 chains (42 feet) to the northwest corner of section three (3), township fifty-three (53) north, range one (1) east;

Thence south along the section lines, approximately 2 miles to the southwest corner of section ten (10), township fifty-three (53) north, range one (1) east;

Thence east along the section line, approximately 1 half mile to the south quarter corner of section ten (10), township fifty-three (53) north, range one (1) east;

Thence south along the midsection lines, approximately 4 miles 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 west along the township line, approximately 32.24 chains (2,128 feet) to the northwest corner of section three (3), township fifty-two (52) north, range one (1) east, being the northeast corner of Kootenai county with Bonner county to the north and Shoshone county to the east;

Thence south along the section lines, approximately 12 miles to the southwest corner of section thirty-four (34), township fifty-one (51) north, range one (1) east;

Thence east along the township line, approximately 1 half mile to the north quarter corner of section three (3), township fifty (50) north, range one (1) east;

Thence south along the midsection lines, approximately 6 miles to the south quarter corner of section thirty-four (34), township fifty (50) north, range one (1) east;

Thence west along the township line, approximately 3.74 chains (247 feet) to the north quarter corner of section three (3), township forty-nine (49) north, range one (1) east;

Thence south along the midsection lines, approximately 2 miles to the south quarter corner of section ten (10), township forty-nine (49) north, range one (1) east;

Thence west along the section line, approximately 1 quarter mile to the west sixteenth corner of sections ten (10) and fifteen (15), township forty-nine (49) north, range one (1) east;

Thence south along the sixteenth section subdivision lines, approximately 4 miles to the west sixteenth corner of section thirty-four (34), township forty-nine (49) north, range one (1) east;

Thence west along the township line, approximately 3.40 chains (224 feet) to the west sixteenth corner of section three (3), township forty-eight (48) north, range one (1) east;

Thence south along the sixteenth section subdivision lines, approximately 5 and 1 half miles to the center west sixteenth corner of section thirty-four (34), township forty-eight (48) north, range one (1) east;

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

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

Thence east along the township line, approximately 90 feet to the west sixteenth corner of section thirty-four (34), township forty-eight (48) north, range one (1) east;

Thence east along the township line, approximately 1 quarter mile to the south quarter corner of section thirty-four (34), township forty-eight (48) north, range one (1) east;

Thence east along the township line, approximately 1.55 chains (102 feet) to the north quarter corner of section three (3), township forty-seven (47) north, range one (1) east;

Thence south along the midsection lines, approximately 3 miles to the south quarter corner of section fifteen (15), township forty-seven (47) north, range one (1) east, being the southeast corner of Kootenai county with Shoshone county to the east and south;

Thence west along the section line, approximately 1 half mile to the northwest corner of section twenty-two (22), township forty-seven (47) north, range one (1) east, being the northeast corner of Benewah county with Kootenai county to the north and Shoshone county to the east;

Thence south along the section lines, approximately 2 miles to the southwest corner of section twenty-seven (27), township forty-seven (47) north, range one (1) east;

Thence east along the section line approximately 1 half mile to the south quarter corner of section twenty-seven (27), township forty-seven (47) north, range one (1) east;

Thence south along the midsection lines, approximately 4 miles to the south quarter corner of section fifteen (15), township forty-six (46) north, range one (1) east;

Thence west along the section line approximately 1 quarter mile to the west sixteenth corner of section fifteen (15) and section twenty-two (22), township forty-six (46) north, range one (1) east;

Thence south along the sixteenth section subdivision line, approximately 1 mile to the west sixteenth corner of section twenty-two (22) and section twenty-seven (27), township forty-six (46) north, range one (1) east;

Thence east along the section line approximately 1 quarter mile to the north quarter corner of section twenty-seven (27), township forty-six (46) north, range one (1) east;

Thence south along the midsection lines, approximately 2 miles to the south quarter corner of section thirty-four (34), township forty-six (46) north, range one (1) east;

Thence west along the township line, approximately 1 half mile to the northwest corner of section three (3), township forty-five (45) north, range one (1) east;

Thence south along the section lines, approximately 6 miles to the southwest corner of section thirty-four (34), township forty-five (45) north, range one (1) east;

Thence east along the township line, approximately 14.24 chains (940 feet) to the west sixteenth corner of section three (3), township forty-four (44) north, range one (1) east;

Thence south along the sixteenth section subdivision lines, approximately 12 miles to the west sixteenth corner of section thirty-four (34), township forty-three (43) north, range one (1) east, being the southeast corner of Benewah county with Shoshone county to the east and south;

Thence west along the township line, approximately 15.50 chains (1,023 feet) to the northwest corner of section three (3), township forty-two (42) north, range one (1) east, being the northeast corner of Latah county with Benewah county to the north and Shoshone county to the east;

Thence south along the section lines, approximately 2 miles to the southwest corner of section ten (10), township forty-two (42) north, range one (1) east;

Thence east along the section line, approximately 1 half mile to the south quarter corner of section ten (10), township forty-two (42) north, range one (1) east;

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

Thence west along the section line, approximately 1 quarter mile to the west sixteenth corner of sections twenty-two (22) and twenty-seven (27);

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

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

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

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

Southern boundary. Thence east on the said township line to the intersection of the same with the boundary line of the state of Montana, the place of beginning.

County seat–Wallace.

History:

[(31-142) Compiled and reen. C.L. 3:39; C.S., sec. 46; I.C.A., sec. 30-142; am. 2024, ch. 222, sec. 6, p. 786; am. 2025, ch. 159, sec. 2, p. 772.]
Idaho Code § 31-5206 — Idaho Code / Title 31 / Chapter 52 / Section 31-5206
31-5206 BOARD OF COUNTY COMMISSIONERS — OPTIONAL SIZE — DISTRICTS TO BE REDRAWN.
Status: in_force

31-5206. 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 31-5207, 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:

[31-5206, added 1996, ch. 283, sec. 3, p. 925.]
Idaho Code § 31-5307 — Idaho Code / Title 31 / Chapter 53 / Section 31-5307
31-5307 COUNTY CLERK, EX OFFICIO AUDITOR AND RECORDER.
Status: in_force

31-5307. County clerk, ex officio auditor and recorder. For purposes of this act the duties and responsibilities of the county clerk shall be as provided in chapter 10, title 1, Idaho Code, and chapter 7, title 31, Idaho Code, or as otherwise prescribed by law; the duties of the county clerk as ex officio county auditor shall be as provided in chapter 23, title 31, Idaho Code, or as otherwise prescribed by law; and the duties of the county clerk as ex officio county recorder shall be as provided in chapter 24, title 31, Idaho Code, or as otherwise prescribed by law. A county clerk, ex officio auditor and recorder:

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

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

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

History:

[31-5307, added 1996, ch. 283, sec. 4, p. 930.]
Idaho Code § 31-2201 — Idaho Code / Title 31 / Chapter 22 / Section 31-2201
31-2201 PROCESS AND NOTICE DEFINED.
Status: in_force

31-2201. Process and notice defined. "Process" as used in this chapter includes all writs, warrants, summons and orders of courts of justice or judicial officers.

"Notice" includes all papers and orders (except process) required to be served in any proceeding before any court, board or officer, or when required by law to be served independently of such proceeding.

History:

[(31-2201) R.S., sec. 1870; am. and reen. R.C. & C.L., sec. 2023; C.S., sec. 3595; I.C.A., sec. 30-1701.]
Idaho Code § 31-840 — Idaho Code / Title 31 / Chapter 8 / Section 31-840
31-840 EXTENSION AGENTS — SALARIES AND EXPENSES.
Status: in_force

31-840. Extension agents — Salaries and expenses. The salary and expenses of such extension agents shall be fixed by the director of the University of Idaho extension division acting in cooperation with the board of county commissioners. The commissioners of said counties are hereby authorized and empowered to make provision for the payment of such salary and expenses out of the general tax fund of the county, or out of the county fair fund, or out of other available funds not otherwise appropriated.

History:

[(31-840) 1919, ch. 41, sec. 2, p. 139; C.S., sec. 3447; am. 1929, ch. 80, sec. 1, p. 131; I.C.A., sec. 30-738.]
Idaho Code § 31-4503 — Idaho Code / Title 31 / Chapter 45 / Section 31-4503
31-4503 DEFINITIONS.
Status: in_force

31-4503. Definitions. In this act, unless the context otherwise clearly requires, the terms used herein shall have the meanings ascribed to them as follows:

(a) "Board" means the board of county commissioners of any county.

(b) "County" means any county of the state of Idaho.

(c) "Person" means any individual, partnership, copartnership, firm, company, corporation (including public utilities), association, joint stock company, trust, estate, or any other legal entity, or their legal representatives, agents or assigns, other than municipal corporations or other political subdivisions.

(d) "Pollution" means any form of environmental pollution including, but not limited to, water pollution, air pollution, land pollution, solid waste pollution, thermal pollution, radiation contamination, or noise pollution as determined by the various standards prescribed by this state or the federal government.

(e) "Pollution control facility" or "facilities" means all technological facilities and equipment necessary or convenient for pollution control, including any land, interest in land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment or any combination thereof, and all real and personal property deemed necessary therewith, having to do with or the end purpose of which is, reducing, controlling or preventing pollution.

(f) "Project costs" as applied to pollution control facilities financed under the provisions of this act means and includes all or any part of the sum total of all reasonable or necessary costs incidental to the acquisition, construction, installation and equipping of such pollution control facilities including without limitation the cost of studies and surveys; plans, specifications, architectural and engineering services; legal, organizations, marketing or other special services; financing, acquisition, demolition, construction, equipment and site development of new and rehabilitated buildings; rehabilitation, reconstruction, repair or remodeling of existing buildings and all other necessary and incidental expenses including an initial bond and interest reserve together with interest on revenue bonds issued to finance such pollution control facilities to a date six (6) months subsequent to the estimated date of completion.

(g) "Finance" or "financing" means the issuing of revenue bonds pursuant to authority herein contained by a county for the purpose of using substantially all of the proceeds to pay all or any part of project costs or to reimburse any person for all or any part of project costs; provided, that title to or in any pollution control facility so financed may at all times remain in a person other than the county, and in such case the revenue bonds of the county shall be secured by a pledge of one (1) or more notes, debentures, bonds or other obligations of such person.

History:

[31-4503, added 1975, ch. 52, sec. 3, p. 105.]
Idaho Code § 31-4318 — Idaho Code / Title 31 / Chapter 43 / Section 31-4318
31-4318 LEVY OF TAX.
Status: in_force

31-4318. Levy of tax. (1) For districts created prior to July 1, 2001, the board is empowered to levy a tax for the uses and purposes of the district in an amount not exceeding six hundredths percent (.06%) of the market value for assessment purposes on all of the taxable property within the district or in an amount not exceeding in any one (1) year one percent (1%) of market value for assessment purposes of all of the taxable property within a district created pursuant to section 31-4304A, Idaho Code.

(2) For districts created on or after July 1, 2001, the board is empowered to levy a tax for the uses and purposes of the district in an amount not exceeding the rate contained in the petition creating the recreation district or planned unit development recreation district, or six hundredths percent (.06%) of the market value for assessment purposes on all of the taxable property within the district, or one percent (1%) of market value for assessment purposes of all of the taxable property within a district created pursuant to section 31-4304A, Idaho Code. If a district desires to impose a tax rate in excess of that contained in its petition, it may submit the question to the electors of the district at an election held subject to the provisions of section 34-106, Idaho Code. The notice for the election shall be in similar scope to that contained in section 31-4324, Idaho Code, and shall be conducted pursuant to section 31-4325, Idaho Code. If a majority of the electors voting at the election vote in favor of increasing the tax rate maximum, the new tax rate shall be in effect for the tax year following the election and for each succeeding tax year.

(3) The board shall by resolution fix the levy to be made for such district for such year and the secretary shall transmit a certified copy of such resolution to the county commissioners at the time and in the manner provided by section 63-804, Idaho Code. Such taxes shall be collected as provided by section 63-812, Idaho Code, and remitted to the treasurer of the district as provided by section 63-1202, Idaho Code.

History:

[31-4318, added 1970, ch. 212, sec. 18, p. 599; am. 1995, ch. 82, sec. 8, p. 223; am. 1995, ch. 353, sec. 6, p. 1196; am. 1996, ch. 208, sec. 19, p. 676; am. 1996, ch. 322, sec. 16, p. 1043; am. 1997, ch. 117, sec. 2, p. 300; am. 2001, ch. 375, sec. 2, p. 1315.]
Idaho Code § 31-1427 — Idaho Code / Title 31 / Chapter 14 / Section 31-1427
31-1427 INDEBTEDNESS PROHIBITED — EXCEPTIONS.
Status: in_force

31-1427. Indebtedness prohibited — Exceptions. The board of commissioners of a fire protection district organized pursuant to the provisions of this chapter shall have no power to incur any debt or liability, except to the extent for the purposes and in the manner hereinafter provided:

(1) In the first year after organization, the board of a district may, for the purpose of organization, to finance general preliminary expenses of the district or for any other purpose of the fire protection district law, and before making a tax levy, incur an indebtedness not exceeding in the aggregate a sum equal to one cent ($.01) on each one hundred dollars ($100) of market value for assessment purposes of all real and personal property within the district.

(2) Whenever the board of commissioners of a fire protection district shall determine that the interest of said district and the public interest or necessity require incurring an indebtedness exceeding the income and revenue provided for the year for the purposes of (a) acquiring, purchasing, constructing, improving and equipping lands, building sites and buildings together with the necessary appurtenant facilities and equipment and (b) acquiring and purchasing suitable equipment and apparatus necessary to provide fire protection, the board shall have the power and authority as hereinafter provided to issue general obligation coupon bonds not to exceed in the aggregate at any time two percent (2%) of market value for assessment purposes of the real and personal property in said district.

Whenever the board of a district shall deem it advisable to issue general obligation coupon bonds, the board shall provide for the issuance of such bonds by ordinance which shall specify and set forth all the purposes, objects and things required by section 57-203, Idaho Code, and make provision for the collection of an annual tax sufficient to (a) constitute a sinking fund for the payment of the principal thereof within thirty (30) years from the time of contracting said bonded indebtedness and (b) to pay the interest on such proposed bonds as it falls due.

The aforesaid ordinance shall also provide for holding an election with the notice in compliance with section 34-1406, Idaho Code. The election shall be conducted in the manner and form, the returns canvassed, and the qualifications of electors of the district voting or offering to vote shall be determined, as provided by the pertinent and applicable provisions of title 34, Idaho Code. The voting at such election must be by ballot and the ballot used shall be substantially as follows: "In favor of issuing bonds to the amount of………. dollars for the purpose stated in Ordinance No……." and "Against issuing bonds to the amount of……… dollars for the purpose stated in Ordinance No…….." If at such election two-thirds (2/3) of the qualified electors voting at such election, assent to the issuing of such bonds and the incurring of the indebtedness thereby created for the purposes, objects, and things provided in said Ordinance No……., such bonds shall be issued in the manner provided by chapter 2, title 57, Idaho Code, the municipal bond law of the state of Idaho.

Bonds issued pursuant to the provisions of this section and the income therefrom shall be exempt from taxation except transfer and estate taxes.

History:

[(31-1427) 31-1424, added 1993, ch. 362, sec. 3, p. 1324; am. and redesig. 2006, ch. 318, sec. 25, p. 1007; am. 2018, ch. 19, sec. 1, p. 31.]
Idaho Code § 31-5004 — Idaho Code / Title 31 / Chapter 50 / Section 31-5004
31-5004 PETITION OR RESOLUTION TO ADOPT AN OPTIONAL FORM OF COUNTY GOVERNMENT — CONTENTS — QUESTION TO BE SUBMITTED AT GENERAL ELECTION.
Status: in_force

31-5004. Petition or resolution to adopt an optional form of county government — Contents — Question to be submitted at general election. (1) The governing body of each county shall have the authority to submit to the electors of the county the question of the adoption of an optional form of county government as follows:

(a) The governing body may pass a resolution providing for the submission of the question;

(b) The governing body shall submit the question upon a petition signed by petitioners equal in number to fifteen percent (15%) of the qualified electors voting in the county in the last general election.

(2) A separate petition or resolution shall be required for each optional form of county government proposed.

(3) The petition or resolution to establish an optional form of county government shall contain:

(a) A complete description of the proposed optional form of government 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;

(b) A description of the effect of adopting the option upon any incumbents;

(c) A statement that if an optional form is adopted the question to return to the previous form or any other optional form of county government may be placed at subsequent elections but not more frequently than every four (4) years.

(4) The question of adopting an optional form of county government shall be submitted at the general election.

(5) The provisions of section 34-1801C, Idaho Code, shall govern the requirements for signatures, verification of valid petitions, printing and review of petitions, and time limits, unless expressly modified by other provisions of this act. The petition must be certified as provided in section 34-1801C, Idaho Code, prior to September 1 of the year of the general election at which the question of adopting the optional form of government proposed by the petition is to appear on the ballot.

History:

[31-5004, added 1996, ch. 283, sec. 1, p. 918; am. 2018, ch. 238, sec. 5, p. 561.]
Idaho Code § 31-2112 — Idaho Code / Title 31 / Chapter 21 / Section 31-2112
31-2112 MONTHLY SETTLEMENTS AND STATEMENTS — ANNUAL SETTLEMENT.
Status: in_force

31-2112. Monthly settlements and statements — Annual settlement. The treasurer must settle his accounts relating to the collection, care and disbursement of public revenue, of whatsoever nature and kind, with the auditor, on the first Monday of each month. For the purpose of making such settlement, he must make out a statement under oath, of the amount of money or other property received prior to the period of such settlement, the sources whence the same was derived, the amount of payments or disbursements, and to whom, with the amount remaining on hand. In making such account, and for all other purposes, the treasurer shall report uncollected fees, personal property taxes or other revenue due but unpaid for a period of five (5) years and, at the end of such period, shall not be required to continue reporting such sums unless, in the opinion of the treasurer, such sums are collectible; provided, however, that this provision shall in no way alter or interfere with the obligation of the person or persons owing such amounts to pay the same. He must in such settlements, deposit all warrants redeemed by him and take the auditor's receipt therefor. He must also make a full settlement of all accounts with the auditor annually on the first Tuesday after the first Monday of October, in the presence of the commissioners, who have a supervisory control thereof.

History:

[(31-2112) R.S., sec. 1850; modified by 1901, p. 233, sec. 174; compiled and reen. R.C. & C.L., sec. 2001; C.S., sec. 3573; I.C.A., sec. 30-1612; am. 1970, ch. 225, sec. 1, p. 633; am. 1976, ch. 45, sec. 21, p. 136.]
Idaho Code § 31-132 — Idaho Code / Title 31 / Chapter 1 / Section 31-132
31-132 LEMHI COUNTY.
Status: in_force

31-132. Lemhi county. Lemhi county is described as follows: beginning at a point where the divide between the watersheds of the Salmon river and the Clearwater river in the state of Idaho intersect the boundary line between the state of Idaho and the state of Montana; thence in a southwesterly direction along said divide to its junction with the divide between the watershed of Horse creek on the east and watershed of Squaw creek and other creeks on the west; thence southerly along said divide between Horse creek on the east, and Squaw creek and other creeks on the west, to Salmon river; thence along the center line of the middle of the stream of Salmon river southeasterly and up stream to the confluence of the Middle Fork of Salmon river with the main Salmon river in the state of Idaho; thence southerly along the center line of the middle of the channel of the said Middle Fork of the Salmon river to the mouth of Loon creek (1903, p. 48); thence up Loon creek to the mouth of Warm Spring creek; thence up Warm Spring creek to the divide which separates the waters of Yankee Fork on the south and Loon and Deep creeks on the north, and following the said divide in an easterly direction around the head of Panther creek to the divide between Hat creek and Ellis creek; thence on the divide between Hat and Ellis creeks in an easterly direction to the Salmon river; thence up the main channel of said Salmon river to the confluence of the Pahsimeroi river with the Salmon river; thence up the Pahsimeroi river to the mouth of Big creek; thence up Big creek and on a line from the head thereof with a general course of the said creek to the summit of the divide between the waters of the Pahsimeroi river and the Lemhi river; thence southeasterly on the summit of the said divide to a point west from the headwaters of the Little Lost river; thence east to the headwaters of the Little Lost river; thence down the Little Lost river (15 Ter. Sess. 26) to the intersection of the same with the township line between townships ten (10) and eleven (11) north; thence east along the said township line (1899, p. 111), to the southwest corner of township eleven (11) north, range thirty-one (31) east; thence north along the range line between ranges thirty (30) and thirty-one (31) east, to the intersection of the same with the boundary line of the state of Montana (1899, p. 273); thence generally in a northwesterly direction along the said state boundary line to the point of beginning.

County seat–Salmon.

History:

[(31-132) Compiled and reen. C.L. 3:29; C.S., sec. 36; I.C.A., sec. 30-132.]
Idaho Code § 31-4208 — Idaho Code / Title 31 / Chapter 42 / Section 31-4208
31-4208 PROPERTY OF AUTHORITY PUBLIC — EXEMPTION — PAYMENT FOR SERVICES.
Status: in_force

31-4208. Property of authority public — Exemption — Payment for services. The property of an authority is declared to be public property used for essential public purposes and such property and an authority shall be exempt from all taxes and special assessments of the city, the county, the state or any political subdivision thereof; provided, however, that in lieu of such taxes, an authority may agree to make payments to the county for improvements, services and facilities furnished by such county for the benefit of a housing project, or in lieu of such taxes, an authority may agree to make payments to a school district or school districts, which district or districts include within its boundaries all or a portion of the real property of an authority, for school services and facilities furnished by said school district or districts, for the benefit of the residents of a housing project.

History:

[31-4208, added 1970, ch. 211, sec. 8, p. 584.]
Idaho Code § 31-4911 — Idaho Code / Title 31 / Chapter 49 / Section 31-4911
31-4911 AUTHORIZATION, FORM AND SALE OF BONDS.
Status: in_force

31-4911. Authorization, form and sale of bonds. When the district board shall find the proposed project or projects to be necessary for the proper operation of the district and economically feasible and such finding is recorded in its minutes, the bonds therefor shall be authorized by resolution of the district board. The bonds may be issued in one (1) or more series, may bear such date or dates, may be in such denomination or denominations, may mature at such time or times, not exceeding forty (40) years from the respective dates thereof, may mature in such amount or amounts, may bear interest at such rate or rates to be determined by the district board, may be in such form, may carry such registration and such conversion privileges, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption, with or without premium, as such resolution or other resolutions may provide. The bonds may be sold at a public or private sale at, above, or below par, as shall be determined by the district board, plus accrued interest, in a manner to be provided by the district board. The bonds shall be fully negotiable within the meaning and for all purposes of the uniform commercial code.

History:

[31-4911, added 1990, ch. 390, sec. 1, p. 1090.]
Idaho Code § 31-5308 — Idaho Code / Title 31 / Chapter 53 / Section 31-5308
31-5308 COUNTY TREASURER, EX OFFICIO TAX COLLECTOR AND PUBLIC ADMINISTRATOR.
Status: in_force

31-5308. County treasurer, ex officio tax collector and public administrator. For purposes of this act, the duties of the county treasurer as ex officio public administrator shall be as provided in chapter 1, title 14, Idaho Code; and the duties of the county treasurer as county treasurer and ex officio tax collector shall be as provided in chapters 15 and 21, title 31, Idaho Code, and title 63, Idaho Code, and as otherwise prescribed by law. A county treasurer, ex officio tax collector and public administrator:

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

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

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

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

History:

[31-5308, added 1996, ch. 283, sec. 4, p. 931.]
Idaho Code § 31-5502 — Idaho Code / Title 31 / Chapter 55 / Section 31-5502
31-5502 BOARD OF COUNTY COMMISSIONERS — CHANGE IN TERM OF OFFICE.
Status: in_force

31-5502. Board of county commissioners — Change in term of office. (1) The petition or resolution shall specify the terms of office of the five-member board of county commissioners, which may be as provided in this section.

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

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

History:

[31-5502, added 1996, ch. 283, sec. 6, p. 937.]
Idaho Code § 31-2016 — Idaho Code / Title 31 / Chapter 20 / Section 31-2016
31-2016 BOND OF OFFICERS — AMOUNT NOT FIXED.
Status: in_force

31-2016. Bond of officers — Amount not fixed. When the amount of the bond to be given by any county, district or precinct officer is not fixed by law the amount must be fixed by the board of commissioners.

History:

[(31-2016) R.S., sec. 1829; reen. R.C. & C.L., sec. 1988; C.S., sec. 3558; I.C.A., sec. 30-1516.]
Idaho Code § 31-1435 — Idaho Code / Title 31 / Chapter 14 / Section 31-1435
31-1435 SEPARABILITY.
Status: in_force

31-1435. Separability. The several parts and provisions of this chapter are hereby declared independent and severable and the invalidity of any part or feature thereof shall not affect, impair, or invalidate the remainder of said section, or any part thereof.

History:

[(31-1435) 31-1436, added 1943, ch. 161, sec. 36, p. 324; am. and redesig. 2006, ch. 318, sec. 36, p. 1013.]
Idaho Code § 31-4315 — Idaho Code / Title 31 / Chapter 43 / Section 31-4315
31-4315 CLAIMS AGAINST DISTRICT.
Status: in_force

31-4315. Claims against district. All claims against the district shall be presented to the board. Upon allowance of claims by the board, payment may be ordered by warrant, signed by the treasurer and countersigned by the president or by check signed by the treasurer and countersigned by the president. In the absence of sufficient funds for the payment of claims allowed, the board may, by resolution, order payment of claims by money borrowed by registered warrants as provided in section 31-2125, Idaho Code, or by money borrowed by issuing tax anticipation notes as provided by chapter 31, title 63, Idaho Code.

History:

[31-4315, added 1970, ch. 212, sec. 15, p. 599; am. 1994, ch. 53, sec. 1, p. 92.]
Idaho Code § 31-806 — Idaho Code / Title 31 / Chapter 8 / Section 31-806
31-806 ACQUISITION OF PROPERTY FOR PARK OR RECREATIONAL PURPOSES — DEDICATION — EMINENT DOMAIN.
Status: in_force

31-806. Acquisition of property for park or recreational purposes — Dedication — Eminent domain. The board of county commissioners of each county in this state may purchase, lease, obtain by gift or accept by grant from private persons, corporations, the United States, the state of Idaho or other governmental agencies, real or personal property, within or without its territorial limits, and may hold, maintain, improve and operate the same for the use and purpose of a public park or public recreation, and it may dedicate property already owned by the county to a like purpose. This section shall not affect the right of a county to acquire property by proceedings in eminent domain.

History:

[31-806 added 1996, ch. 98, sec. 16, p. 398.]
Idaho Code § 31-2126 — Idaho Code / Title 31 / Chapter 21 / Section 31-2126
31-2126 REDEEMING OF REGISTERED WARRANTS.
Status: in_force

31-2126. Redeeming of registered warrants. It is the duty of the county treasurer to comply with the requirements of section 31-1507, Idaho Code, if the board of county commissioners declares an emergency pursuant to section 31-1608, Idaho Code.

History:

[31-2126, added 1996, ch. 38, sec. 1, p. 102.]
Idaho Code § 31-1433 — Idaho Code / Title 31 / Chapter 14 / Section 31-1433
31-1433 CONTINUATION OF EXISTING DISTRICTS — VALIDATING ACTS OF OFFICERS.
Status: in_force

31-1433. Continuation of existing districts — Validating acts of officers. Nothing in this chapter shall be construed as impairing the legality or organization of any fire protection district heretofore organized pursuant to law, nor the legality of any act of such district done in accordance with the prior law, nor shall it be deemed to affect the legality of the election of any officer of any such existing fire protection district, and all directors and officers duly elected, qualified and holding office at the time of the taking effect of this chapter shall continue to serve in such office until the expiration of their present terms; provided, however, that such fire protection districts as have existed heretofore shall comply with the provisions of this chapter as soon as they can conveniently do so and thereafter be governed by the provisions of this chapter. Nor shall anything in this chapter be deemed in any way to affect the existing indebtedness of any fire protection district created under and by virtue of the provisions of chapter 30, title 30, Idaho Code. All such existing fire protection districts, and the lawful acts of their officers and agents, are hereby declared prima facie lawful as de facto fire protection districts; provided, however, that such districts shall comply with the provisions of this chapter as soon as they can conveniently do so and thereafter be governed by the provisions of this chapter.

History:

[(31-1433) 31-1434, added 1943, ch. 161, sec. 34, p. 324; am. 1980, ch. 197, sec. 26, p. 452; am. and redesig. 2006, ch. 318, sec. 34, p. 1010; am. 2017, ch. 58, sec. 13, p. 109.]
Idaho Code § 31-5609 — Idaho Code / Title 31 / Chapter 56 / Section 31-5609
31-5609 COUNTY SHERIFF.
Status: in_force

31-5609. County sheriff. For purposes of this act, the duties of the county sheriff shall be as provided in chapter 22, title 31, Idaho Code, and as otherwise prescribed by law. A county sheriff:

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

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

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

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

History:

[31-5609, added 1996, ch. 283, sec. 7, p. 943; am. 1996, ch. 326, sec. 2, p. 1116.]
Idaho Code § 31-855 — Idaho Code / Title 31 / Chapter 8 / Section 31-855
31-855 NEGLECT OF DUTY BY COMMISSIONERS.
Status: in_force

31-855. Neglect of duty by commissioners. Any commissioner who neglects or refuses, without just cause therefor, to perform any duty imposed on him, or who willfully violates any law provided for his government as such officer, or fraudulently or corruptly performs any duty imposed on him, or willfully, fraudulently or corruptly attempts to perform an act, as commissioner, unauthorized by law, shall be guilty of a misdemeanor.

History:

[(31-855) R.S., sec. 1791; am. and reen. R.C. & C.L., sec. 1930; C.S., sec. 3462; I.C.A., sec. 30-753; am. 1989, ch. 73, sec. 24, p. 126; am. 2011, ch. 151, sec. 12, p. 424.]
Idaho Code § 31-2405 — Idaho Code / Title 31 / Chapter 24 / Section 31-2405
31-2405 INDEXING OFFICIAL DEEDS.
Status: in_force

31-2405. Indexing official deeds. Deeds made by sheriffs, collectors, administrators, trustees and other officers, in their official capacity, shall be indexed by the recorder in the name of the owner of the property conveyed, as grantor, by the officer, naming him and his office.

History:

[(31-2405) 1907, p. 95, sec. 1; reen. R.C. & C.L., sec. 2064; C.S., sec. 3637; I.C.A., sec. 30-1905.]
Idaho Code § 31-3404 — Idaho Code / Title 31 / Chapter 34 / Section 31-3404
31-3404 APPLICATION FOR NONMEDICAL INDIGENT ASSISTANCE.
Status: in_force

31-3404. Application for nonmedical indigent assistance. (1) Any person or their authorized representative desiring nonmedical assistance from any county in this state shall, before such aid can be given, make a written application to the clerk of the board of county commissioners or his designee where such applicant resides. An application shall be provided to any individual requesting assistance.

(2) An application for nonmedical assistance shall be on a form provided by the county to which application is being made. This application and information release shall be completed and signed by the applicant, or his authorized representative, setting forth and describing all household resources and sworn to before a county officer authorized by the laws of this state to administer oaths, and filed with the clerk of the board. Failure to comply shall result in denial.

(3) Except as provided in section 31-3410, Idaho Code, within ten (10) working days of the date of application, an interview shall be required with the clerk of the board or his designee. Evidence of need, indigency and residence shall be supplied by the applicant or authorized representative. If the applicant or authorized representative fails to make an appointment, appear at an interview or fails to supply such documentation, the application shall be denied. Any adult household member may be required to appear for an interview, sign a general information release and complete an application. Failure to comply shall result in denial of the requested assistance.

(4) Applicants and all household members who are not fully employed and are capable of employment, shall be required to file an application with the department of employment, use their best efforts to seek employment, and to provide verification of such efforts to the county. The applicant and all other household members may be required to submit a medical statement certifying any inability to work. Individuals voluntarily removing themselves from the work force may be denied assistance.

History:

[31-3404, added 1992, ch. 83, sec. 3, p. 259.]
Idaho Code § 31-2103 — Idaho Code / Title 31 / Chapter 21 / Section 31-2103
31-2103 RECEIPT OF MONEY.
Status: in_force

31-2103. Receipt of money. He must receive no money into the treasury unless documented by the certificate of the auditor. However, this procedure shall not prohibit electronic transfers followed by documented information as required by the county auditor and county treasurer.

History:

[(31-2103) R.S., sec. 1841; reen. R.C. & C.L., sec. 1992; C.S., sec. 3564; I.C.A., sec. 30-1603; am. 1990, ch. 76, sec. 1, p. 159.]
Idaho Code § 31-1608 — Idaho Code / Title 31 / Chapter 16 / Section 31-1608
31-1608 EXPENDITURES TO MEET EMERGENCY.
Status: in_force

31-1608. Expenditures to meet emergency. Upon the happening of any emergency caused by fire, flood, explosion, storm, epidemic, riot or insurrection, or for the immediate preservation of order or of public health or for the restoration to a condition of usefulness of public property, the usefulness of which has been destroyed by accident, or for the relief of a stricken community overtaken by a calamity, or the settlement of approved claims for personal injuries or property damages, exclusive of claims arising from the operation of any public utility owned by the county, or to meet mandatory expenditures required by law, or the investigation and/or prosecution of crime, punishable by death or life imprisonment, when the board has reason to believe such crime has been committed in its county, the board of county commissioners may, upon the adoption, by the unanimous vote of the commissioners, of a resolution stating the facts constituting the emergency and entering the same upon their minutes, make the expenditures necessary to investigate, provide for and meet such an emergency.

All emergency expenditures may be paid from any moneys on hand in the county treasury in the fund properly chargeable with such expenditures, and the county treasurer is hereby authorized to pay such warrants out of any moneys in the treasury in any such fund. If at any time there shall be insufficient moneys on hand in the treasury to pay any of such warrants, then such warrants shall be registered, bear interest, and be called in the manner provided by law for other county warrants.

The county budget officer shall include in the annual budget to be submitted to the board of county commissioners, the total amount of emergency warrants issued, registered and unpaid, during the current fiscal year and the board of county commissioners shall include in their appropriation an amount equal to the total of such registered and unpaid warrants.

History:

[(31-1608) 1931, ch. 122, sec. 8, p. 210; I.C.A., sec. 30-1208; am. 1976, ch. 45, sec. 16, p. 134.]
Idaho Code § 31-2222 — Idaho Code / Title 31 / Chapter 22 / Section 31-2222
31-2222 TERMINATION OF SHERIFF'S POWERS.
Status: in_force

31-2222. Termination of sheriff's powers. When a new sheriff is elected, and has qualified and given the security required by law, the county recorder must give a certificate of that fact, under his seal of office, upon the service of which on the former sheriff his powers cease, except as otherwise provided in this chapter.

History:

[(31-2222) 1863, p. 475, sec. 36; R.S., sec. 1892; reen. R.C. & C.L., sec. 2044; C.S., sec. 3616; I.C.A., sec. 30-1722.]
Idaho Code § 31-5207 — Idaho Code / Title 31 / Chapter 52 / Section 31-5207
31-5207 ELECTION OF ADDITIONAL COMMISSIONERS — ALL MEMBERS OF COMMISSION MAY BE ELECTED TO FOUR YEAR TERMS.
Status: in_force

31-5207. Election of additional commissioners — All members of commission may be elected to four year terms. (1) If the size of the board of county commissioners is increased, the additional commissioners shall be elected at the following general election.

(2) Except as provided in subsection (3) of this section, the additional members shall be elected for a term of two (2) years, with the allotment of the four (4) year term between the entire commission to proceed in numerical rotation in accordance with the provisions of section 31-703, Idaho Code.

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

History:

[31-5207, added 1996, ch. 283, sec. 3, p. 925.]
Idaho Code § 31-1604 — Idaho Code / Title 31 / Chapter 16 / Section 31-1604
31-1604 APPROVAL OF TENTATIVE APPROPRIATIONS — NOTICE — FINAL APPROPRIATIONS.
Status: in_force

31-1604. Approval of tentative appropriations — Notice — Final appropriations. (1) The suggested budget prepared by the county budget officer as provided in this chapter, together with the estimates and information furnished by the various offices, departments, services, agencies, and institutions of the county, shall be submitted by said county budget officer to the board of county commissioners of his county on or before the first Monday in August of each year; said county commissioners shall convene to consider said proposed budget in detail and make any alterations allowable by law and which they deem advisable and agree upon a tentative amount to be allowed and appropriated for the ensuing fiscal year to each office, department, service, agency, or institution of the county. Such allowances or appropriations shall be made under the classifications of:

"Salaries" or "salaries and benefits," and

"Detail of other expenses," or "detail of other expenses and benefits," and may include "benefits," as a separate category as provided in this chapter.

(2) When the commissioners have agreed on such tentative appropriations, the county budget officer, not later than the third week in August, shall cause notice to be published setting forth the amount of anticipated revenue from property taxes and the total of revenues anticipated from sources other than property taxes and the amount proposed to be appropriated to each office, department, service, agency, or institution for the ensuing fiscal year, in not less than two (2) classifications and which shall include "salaries," or "salaries and benefits," and "detail of other expenses," or "detail of other expenses and benefits," and which may include "benefits" as a separate classification together with the amounts expended under these classifications during each of the two (2) previous fiscal years by each office, department, service, agency, or institution. The notice shall also provide that the board of county commissioners will meet on or before the Tuesday following the first Monday in September, next succeeding, for the purpose of considering and fixing a final budget and making appropriations to each office, department, service, agency, or institution of the county for the ensuing fiscal year at which time any taxpayer may appear and be heard upon any part or parts of said tentative budget and fixing the time and place of such meeting. Said notice shall be published in a newspaper as prescribed in section 31-819, Idaho Code.

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

History:

[(31-1604), added 1931, ch. 122, sec. 4, p. 210; I.C.A., sec. 30-1204; am. 1976, ch. 45, sec. 12, p. 130; am. 1981, ch. 318, sec. 1, p. 662; am. 1993, ch. 25, sec. 1, p. 86; am. 1995, ch. 61, sec. 17, p. 141; am. 1997, ch. 48, sec. 1, p. 82; am. 2021, ch. 89, sec. 9, p. 305.]
Idaho Code § 31-5703 — Idaho Code / Title 31 / Chapter 57 / Section 31-5703
31-5703 COUNTIES REMAIN INDIVIDUALLY RESPONSIBLE.
Status: in_force

31-5703. Counties remain individually responsible. The consolidation of offices shall not relieve a county from the performance of all the duties and responsibilities required to be performed by the county or any officer of the county under the constitution and laws of the state of Idaho or the United States.

History:

[31-5703, added 1996, ch. 283, sec. 8, p. 946.]
Idaho Code § 31-903 — Idaho Code / Title 31 / Chapter 9 / Section 31-903
31-903 PETITION FOR CONFIRMATION OF CANCELATION OR ADJUSTMENT.
Status: in_force

31-903. Petition for confirmation of cancelation or adjustment. If the board finds, decides and orders that the taxes be canceled or otherwise adjusted, the petitioner, or petitioners, shall, within twenty (20) days thereafter, file with the clerk of the district court of said county a petition praying in effect that the proceedings of the board may be examined, approved and confirmed by the court. The court, or the judge thereof at chambers shall thereupon make an order designating a time for hearing said petition and direct the clerk of the court to publish a notice, at the expense of the petitioner or petitioners, of the filing of said petition. The notice shall state the time and place fixed by the court for hearing the petition and the prayer thereof, and a brief statement of the action taken by the board of county commissioners thereon, and that any person interested in the subject-matter of said petition may, on or before the day fixed for the hearing thereof, demur to or answer said petition. The notice shall be published in a newspaper of general circulation in the county at least once a week for at least two (2) consecutive weeks, and the time fixed for the hearing shall be not less than twenty (20) days from the first publication of such notice. The rules of pleading and practice in civil actions in the district court shall apply to proceedings hereunder insofar as the same are not inconsistent with the provisions of this act.

History:

[31-903, added 1935 (1st E.S.), ch. 52, sec. 3, p. 137.]
Idaho Code § 31-4704 — Idaho Code / Title 31 / Chapter 47 / Section 31-4704
31-4704 DUTIES OF COUNTY MUSEUM BOARD — BONDS OF MEMBERS — MEETINGS — FURTHER DUTIES.
Status: in_force

31-4704. Duties of county museum board — Bonds of members — Meetings — Further duties. The county museum board shall be charged with the care and custody of all property belonging to the county and used for museum purposes, and shall be responsible for all moneys received by it, raised by tax levy or levies for museum purposes as well as all receipts from the operation of the museum and any other moneys received from other sources for museum purposes. Each member of the county museum board shall file with the board of county commissioners a bond in the sum of not less than one thousand dollars ($1,000) to be approved by the board of county commissioners. It shall meet at its place of business on the first Monday of January each year, and thereafter bi-monthly on the first Monday of the month, except as herein otherwise provided; provided, that it shall meet on the first Monday after the creation of such board under the provisions hereof.

It shall safely keep or cause to be safely kept all moneys coming into its care, custody or possession in strict compliance with the provisions of the public depository law of this state. It shall formulate in writing and file in its office all plans adopted by it from time to time in connection with the conduct of the business of the county museum, and also file a copy of the same with the board of county commissioners of the county. It shall keep or cause to be kept proper records of its proceedings, business transactions, and true and proper accounts of all moneys received by it and expended or on hand; and it shall require proper vouchers evidencing all disbursements of money. The records of the board shall be open to inspection by any taxpayer or voter within the county during all regular office hours. The board shall publish in at least one (1) issue of the official newspaper of the county a detailed statement of all moneys received and expended in connection with the operation of any museum.

It shall take charge of and manage all such property as the county may have acquired or set aside for museum purposes. It may recommend to the board of county commissioners that such board purchase such real and personal property as may be needed for museum purposes. It shall have power to employ labor, award prizes, make exhibition contracts, fix and charge admission and entrance fees. It shall fix the salaries of the secretary and treasurer and prescribe the time and manner of payment. The county museum board shall not have the power to create any indebtedness in excess of the amount to be derived from the special levies for each year and the estimated income from annual museum receipts, nor shall it mortgage or otherwise pledge or encumber any of the real or personal property owned by the county and used for museum purposes.

History:

[31-4704, added 1990, ch. 393, sec. 1, p. 1103.]
Idaho Code § 31-878 — Idaho Code / Title 31 / Chapter 8 / Section 31-878
31-878 MISDEMEANOR PROBATION SERVICES.
Status: in_force

31-878. Misdemeanor probation services. The board of county commissioners shall provide for misdemeanor probation services to supervise misdemeanor offenders, in those cases where such probation supervision has been ordered by the sentencing court, and perform such functions as prescribed by the administrative district judge in each judicial district. The board of county commissioners shall provide for misdemeanor probation services through employment of staff, contract or any other process that will accomplish the purposes of this section. Counties shall not be obligated to provide misdemeanor probation services beyond the funds generated by the fees collected pursuant to the provisions of section 31-3201D, Idaho Code, and any additional funds that may be annually appropriated by the board of county commissioners.

History:

[31-878, added 2008, ch. 88, sec. 5, p. 246; am. 2011, ch. 128, sec. 1, p. 354.]
Idaho Code § 31-4309 — Idaho Code / Title 31 / Chapter 43 / Section 31-4309
31-4309 OFFICERS OF BOARD.
Status: in_force

31-4309. Officers of board. The officers of the board shall consist of a president, a vice president, a secretary and a treasurer. The president and vice president shall be elected by the board and each shall be a director. The secretary and treasurer shall be appointed by the board and may be a director or any other person. The offices of secretary and treasurer may be filled by the same person. All officers shall serve at the pleasure of the board. Each officer shall take, subscribe and file with the secretary an oath of office before assuming any duties. The board shall fix a compensation, if any, to be paid to each officer which compensation shall be paid out of the funds of the district.

History:

[31-4309, added 1970, ch. 212, sec. 9, p. 599.]
Idaho Code § 31-3910 — Idaho Code / Title 31 / Chapter 39 / Section 31-3910
31-3910 CONSENT FOR EMERGENCY MEDICAL TREATMENT.
Status: in_force

31-3910. Consent for emergency medical treatment. The authorization or refusal of consent for emergency medical treatment under chapter 39, title 31, Idaho Code, shall be governed by chapter 45, title 39, Idaho Code.

History:

[31-3910, added 1976, ch. 318, sec. 2, p. 1089; am. 2005, ch. 120, sec. 4, p. 390.]
Idaho Code § 31-5507 — Idaho Code / Title 31 / Chapter 55 / Section 31-5507
31-5507 COUNTY TREASURER, EX OFFICIO TAX COLLECTOR AND PUBLIC ADMINISTRATOR.
Status: in_force

31-5507. County treasurer, ex officio tax collector and public administrator. For purposes of this act, the duties of the county treasurer as ex officio public administrator shall be as provided in chapter 1, title 14, Idaho Code; and the duties of the county treasurer as county treasurer and ex officio tax collector shall be as provided in chapters 15 and 21, title 31, Idaho Code, and title 63, Idaho Code, and as otherwise prescribed by law. A county treasurer, ex officio tax collector and public administrator:

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

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

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

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

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

History:

[31-5507, added 1996, ch. 283, sec. 6, p. 938; am. 1996, ch. 326, sec. 2, p. 1112.]
Idaho Code § 31-124 — Idaho Code / Title 31 / Chapter 1 / Section 31-124
31-124 FREMONT COUNTY.
Status: in_force

31-124. Fremont county. Fremont county is described as follows: beginning at a point where the northern boundary of the state of Idaho intersects the range line between ranges thirty (30) and thirty-one (31) east;

Northern boundary. Thence easterly along the northern boundary of the state of Idaho to a point where said boundary line intersects the western boundary of the state of Wyoming (R.C., section 23l);

Eastern boundary. Thence south along the dividing line between Idaho and Wyoming to the point where said dividing line intersects with the North Fork of Bitch creek;

Southern boundary. Thence westerly and down said Bitch creek to where the same intersects the main channel of Teton river; 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 corner of section 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 (1913, ch. 26, section 2, pp. 108, 109); 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; 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; thence south six (6) miles to the southeast corner of said township eight (8) north, range thirty-one (31) east; thence west on the township line between townships seven (7) and eight (8) north, to a point on said township line north of the Big Southern Butte (1913, ch. 25, section 2, pp. 95, 96);

Western boundary. Thence north to the point where the line thus drawn intersects the township line between townships ten (10) and eleven (11) north; thence east along said township line to the southwest corner of township eleven (11) north, range thirty-one (31) east; thence north along the range line between ranges thirty (30) and thirty-one (31) east, to the place of beginning (R.C., section 23p).

County seat–St. Anthony.

History:

[(31-124) Compiled and reen. C.L. 3:22; C.S., sec. 28; I.C.A., sec. 30-124.]
Idaho Code § 31-4917 — Idaho Code / Title 31 / Chapter 49 / Section 31-4917
31-4917 OPERATION OF LANDFILLS, DOMESTIC SEPTAGE RECEIVING STATIONS OR RESOURCE RECOVERY FACILITIES BY PARTICIPATING COUNTIES PROHIBITED.
Status: in_force

31-4917. Operation of landfills, domestic septage receiving stations or resource recovery facilities by participating counties prohibited. No participating county shall acquire, construct or operate, or continue the operation of, any landfill site, domestic septage receiving stations, or any facility for the recovery of resources or the disposal of solid waste or domestic septage, without the consent of the district board, after a solid waste disposal, or domestic septage receiving station, or resource recovery facility of a district is operational. The foregoing restriction shall not apply to a resource recovery facility which was operational at, or which becomes operational within six (6) months after, the date of establishment of the district. The district board may establish exceptions, consistent with applicable federal and state laws and regulations, to this requirement. The commissioners of the participating counties shall take all actions necessary to require that all solid waste or domestic septage collected within their respective jurisdictions be delivered to the district's solid waste or domestic septage disposal or resource recovery site or sites.

History:

[31-4917, added 1990, ch. 390, sec. 1, p. 1091; am. 2001, ch. 175, sec. 6, p. 599.]
Idaho Code § 31-3604 — Idaho Code / Title 31 / Chapter 36 / Section 31-3604
31-3604 TERM OF OFFICE OF MEMBERS.
Status: in_force

31-3604. Term of office of members. The term of office of the members of the county hospital board shall be three (3) years and until a successor is appointed and qualified: Provided, that of the first board appointed one-third (1/3) of the membership, or as nearly one-third (1/3) as the number to be appointed shall permit, shall be appointed for the term of one (1) year; one-third (1/3) of the membership, or as nearly one-third (1/3) as the number to be appointed shall permit, for the term of two (2) years; and one-third (1/3) of the membership, or as nearly one-third (1/3) as the number to be appointed shall permit, for the term of three (3) years. All succeeding appointments shall be for the term of three (3) years, except that any vacancy occurring by reason of death, resignation or other cause shall be for the remainder of the term of the member whose office becomes vacant.

History:

[31-3604, added 1946 (1st E.S.), ch. 38, sec. 4, p. 75.]
Idaho Code § 31-4117 — Idaho Code / Title 31 / Chapter 41 / Section 31-4117
31-4117 EXEMPTIONS FROM TAX ASSESSMENT.
Status: in_force

31-4117. Exemptions from tax assessment. The real property owners of service units within the translator district who do not receive the signal of the translator station or who receive direct reception from the station from which the translator repeats a signal or receive service through the medium of a community antenna system on which they are subscribers in good standing, shall be exempt from the payment of the tax for the support of the translator district provided they file an affidavit setting forth any of the grounds above mentioned. The affidavit shall be filed with the board of trustees who shall upon the receipt of the affidavit have the names of the persons and their property, so exempted from the assessment, stricken from the list certified to the board of county commissioners and shall not be liable for the assessment. This exemption shall only be effective as long as the property owner filing the affidavit continues to meet the above stated grounds for exemption.

History:

[31-4117, added 1969, ch. 308, sec. 17, p. 944.]
Idaho Code § 31-3206 — Idaho Code / Title 31 / Chapter 32 / Section 31-3206
31-3206 RECORDER — EXCEPTIONS TO FEE SCHEDULE.
Status: in_force

31-3206. Recorder — Exceptions to fee schedule. Each county recorder shall record, free of charge, all clear lists of lands granted to the state by the United States.

History:

[(31-3206) 1911, ch. 63, part of sec. 1, p. 184; compiled and reen. C.L., sec. 2124a; C.S., sec. 3707; am. 1921, ch. 13, sec. 1, p. 12; I.C.A., sec. 30-2706.]
Idaho Code § 31-4802 — Idaho Code / Title 31 / Chapter 48 / Section 31-4802
31-4802 DEFINITIONS.
Status: in_force

31-4802. Definitions. As used in this chapter:

(1) "Access line" means any telephone line, trunk line, network access register, dedicated radio signal, or equivalent that provides switched telecommunications access to a consolidated emergency communications system from either a service address or a place of primary use within this state. In the case of wireless technology, each active dedicated telephone number shall be considered a single access line.

(2) "Administrator" means the person, officer or agency designated to operate a consolidated emergency communications system, and to receive funds for such an operation.

(3) "Basic consolidated emergency system" means consolidated emergency systems that are not enhanced.

(4) "Consolidated emergency communications system" means facilities, equipment and dispatching services directly related to establishing, maintaining, or enhancing a 911 emergency communications service.

(5) "District interoperability governance board" (DIGB) means any one (1) of the six (6) regional governing bodies, comprised of representatives and organized to provide input to the Idaho public safety communications commission regarding the commission's objectives and regarding consolidated emergency communications and interoperable public safety communications and data systems for the agencies and organizations within its own geographic area. District one includes the area composed of Benewah, Bonner, Boundary, Kootenai and Shoshone counties. District two includes the area composed of Clearwater, Idaho, Latah, Lewis and Nez Perce counties. District three includes the area composed of Ada, Adams, Boise, Canyon, Elmore, Gem, Owyhee, Payette, Valley and Washington counties. District four includes the area composed of Blaine, Camas, Cassia, Gooding, Jerome, Lincoln, Minidoka and Twin Falls counties. District five includes the area composed of Bannock, Bear Lake, Bingham, Butte, Caribou, Franklin, Oneida and Power counties. District six includes the area composed of Bonneville, Clark, Custer, Fremont, Jefferson, Lemhi, Madison and Teton counties.

(6) "Emergency communications fee" means the fee provided for in section 31-4803, Idaho Code.

(7) "Enhanced consolidated emergency system" means consolidated emergency systems that provide enhanced wireless 911 service and include, but are not limited to, the technological capability to provide call back numbers, cell site locations, and the location of calls by latitude and longitude and made through the systems of wireless carriers.

(8) "Governing board" means the joint powers board if the 911 service area is a multicounty area, or the board of county commissioners of the county or the city council if the 911 service area is a city, or both the board of county commissioners and the city council if the 911 service area includes both city and county residents but not the entire county.

(9) "Governor's appointment" means the power and procedures of the governor to appoint members to statewide commissions as provided for in section 67-802, Idaho Code.

(10) "Interconnected" means the ability of the user to receive calls from and terminate calls to the public switched telephone network (PSTN)or emergency services internet protocol network (ESInet), including commercial mobile radio service (CMRS) networks.

(11) "Interconnected VoIP service" means a service bearing the following characteristics:

(a) The service enables real-time, two-way voice communications;

(b) The service requires a broadband connection from the user's location;

(c) The service requires IP-compatible customer premises equipment; and

(d) The service permits users to receive calls that originate on the public switched telephone network (PSTN) or ESInet and to terminate calls on the PSTN or ESInet.

(12) "Interconnected VoIP service line" means an interconnected VoIP service that offers an active telephone number, or successor dialing protocol assigned by a VoIP provider to a VoIP service customer number that has an outbound calling capability of directly accessing a public safety answering point.

(13) "Interoperable public safety communications and data systems" means facilities, equipment, networks, services, software and infrastructure directly related to establishing, maintaining or enhancing systems to exchange voice, video or other public safety data, to include future technology advancements.

(14) "Interoperability" means the ability of public safety service and support providers, law enforcement, public utilities, transportation and others to communicate when necessary with staff from other responding agencies, and to exchange voice, video, and data on demand, in real time, and when authorized.

(15) "Next generation consolidated emergency system" or "NG911" means consolidated emergency communications systems that provide an internet protocol (IP) based system of managed emergency services IP networks (ESInets), functional elements (applications), and databases that replicate traditional E911 features and functions and provide additional capabilities. NG911 is designed to provide access to emergency services from all connected communications sources and to provide multimedia data capabilities for public safety answering points (PSAPs) and other emergency service organizations through current and emerging technology systems.

(16) "911 service area" means a regional, multicounty, county or area other than a whole county in which area the residents have voted to establish a consolidated emergency communications system.

(17) "Place of primary use" means the residential street address or the primary business street address in Idaho where the customer's use of the wireless or VoIP service primarily occurs. For the purposes of 911 fees imposed upon interconnected VoIP service lines, the place of primary use shall be the customer's registered location on the date the customer is billed.

(18) "Public safety communications and data systems" refers to the general systematic ability of people or entities to communicate or manage data with other people or entities using technology for the purpose of reporting and responding to situations that require a public safety response. This term does not refer to any existing state agency, division or office, building, network, personnel, or fund and is not related to the Idaho military division's unit of public safety communications.

(19) "Public safety communications stakeholders" means any city, county, fire district, ambulance district, and the state.

(20) "Telecommunications provider" means any person or entity providing:

(a) Exchange telephone service to a service address within this state; or

(b) Any wireless carrier providing telecommunications service to any customer having a place of primary use within this state; or

(c) Interconnected VoIP service to any customer having a place of primary use within this state; or

(d) A provider of any other communications service that connects an individual having either a service address or a place of primary use within this state to an established public safety answering point by dialing 911.

(21) "VoIP service provider" means any person or entity providing interconnected voice over internet protocol (VoIP) service.

(22) "Wireless carrier" means a cellular licensee, a personal communications service licensee, and certain specialized mobile radio providers designated as covered carriers by the federal communications commission in 47 CFR 20.18 and any successor to such rule.

History:

[31-4802, added 1988, ch. 348, sec. 1, p. 1027; am. 1990, ch. 200, sec. 2, p. 450; am. 1994, ch. 86, sec. 1, p. 203; am. 2003, ch. 290, sec. 2, p. 786; am. 2007, ch. 340, sec. 2, p. 996; am. 2016, ch. 127, sec. 2, p. 365.]
Idaho Code § 31-4505 — Idaho Code / Title 31 / Chapter 45 / Section 31-4505
31-4505 BONDS.
Status: in_force

31-4505. Bonds. All revenue bonds authorized to be issued hereunder may be issued as serial bonds or as term bonds or a combination of both types. All revenue bonds so issued shall be payable solely out of the revenues and receipts derived by the county from the pollution control facilities provided with the proceeds thereof as may be designated in the proceedings of the board under which the revenue bonds shall be authorized to be issued, provided that such revenue bonds shall not be secured by the full faith and credit or the taxing power of the state of Idaho or of any political subdivision thereof, and such limitation shall be plainly printed on the face of each such revenue bond. Such revenue bonds may be executed and delivered by the county at any time and from time to time in such amounts, may be in such form and denominations and of such terms and maturities, may be in fully registered form or in bearer form registrable either as to principal or interest or both, may bear such conversion privileges and be payable in such installments and at such time or times not exceeding forty (40) years from the date thereof, may be payable at such time or times and at such place or places whether within or without the state of Idaho and evidenced in such manner, may bear interest at such rate or rates per annum without regard to any interest rate limitation appearing in any other law, may be executed by the manual or facsimile signatures of such officers of the county, and may contain such provisions not inconsistent herewith, all as shall be provided in the proceedings of the board under which the revenue bonds shall be authorized to be issued. If deemed advisable by the board there may be retained in the proceedings under which any such revenue bonds are authorized to be issued an option to redeem all or any part thereof as may be specified in such proceedings, at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such proceedings, but nothing herein contained shall be construed to confer on any county the right or option to redeem any such revenue bonds except as may be provided in the proceedings under which they shall be issued. Any revenue bonds issued hereunder may be sold at public or private sale for such price and in such manner and from time to time as may be determined by the board, and the county may pay, but solely and only from the proceeds of any such revenue bonds, all expenses, premiums and commissions which the board may deem necessary or advantageous in connection with the issuance thereof. Issuance by any county of one (1) or more series of revenue bonds for one (1) or more purposes under this act shall not preclude it from issuing other revenue bonds in connection with the same pollution control facility or any other pollution control facility or for any other purpose hereunder, but the proceedings whereunder any subsequent bonds may be issued shall recognize and protect any prior pledge made for any prior issue of revenue bonds. Any revenue bonds issued hereunder at any time outstanding may at any time and from time to time be refunded by the issuance of refunding bonds in such amount as the board may deem necessary but not exceeding an amount sufficient to refund the principal of the bonds so to be refunded, together with any unpaid interest thereon and any premiums, commissions, service fees and other expenses necessary to be paid in connection therewith. Any such refunding may be effected whether the bonds to be refunded shall have matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof for the payment of the bonds to be refunded thereby, or by the exchange of the refunding bonds for the bonds to be refunded thereby with the consent of the holders of the bonds so to be refunded, and regardless of whether or not the bonds to be refunded were issued in connection with the same pollution control facility or separate pollution control facilities or for any other purpose hereunder, and regardless of whether or not the revenue bonds proposed to be refunded shall be payable on the same date or different dates or shall be due serially or otherwise. All such revenue bonds and the interest coupons applicable thereto, if any, are hereby made and shall be construed to be negotiable instruments.

The resolution authorizing the issuance of any revenue bonds hereunder and the execution of an indenture as security therefor shall be published one (1) time in a newspaper of general circulation in the county. Any such indenture, or other instrument authorized in such resolution to be executed, may be incorporated as an exhibit to such resolution but need not be published as part of the resolution. For a period of thirty (30) days from the date of such publication any person in interest may file suit in any court of competent jurisdiction to contest the regularity, formality or legality of the proceedings authorizing the revenue bonds, or the legality of such resolution and its provisions or of the revenue bonds to be issued pursuant thereto and the provisions securing the revenue bonds. After the expiration of such thirty (30) day period no one shall have any right of action to contest the validity of the revenue bonds or of such proceedings or of such resolution or the validity of the pledges and covenants made in such proceedings and resolution and the revenue bonds and the provisions for their payment shall be conclusively presumed to be legal and no court shall thereafter have authority to inquire into such matters.

History:

[31-4505, added 1975, ch. 52, sec. 5, p. 105.]
Idaho Code § 31-214 — Idaho Code / Title 31 / Chapter 2 / Section 31-214
31-214 FORM OF BALLOT.
Status: in_force

31-214. Form of ballot. It shall be the duty of the auditor of the county wherein it is proposed to hold an election for the removal of the county seat, or changing county lines, to cause to be printed separate ballots at the same time and in the same manner as ballots for the general election are printed.

Such separate ballots shall be three (3) inches square, or as near this size as practicable, and on one side there shall be printed the following words:

For removal of the county ) No.

seat to …. ) Yes.

For changing county lines ) No.

) Yes.

(As the case may be.)

And the auditor shall send an equal number of these special ballots, with the ballots furnished for the general election, to each voting precinct of the county and at the same time.

History:

[(31-214) 1890-1891, p. 57, sec. 131; reen. 1899, p. 33, sec. 118; reen. R.C. & C.L., sec. 479; C.S., sec. 663; I.C.A., sec. 30-214.]
Idaho Code § 31-831 — Idaho Code / Title 31 / Chapter 8 / Section 31-831
31-831 ABATEMENT OF CATASTROPHIC PUBLIC NUISANCE — DEFINITIONS.
Status: in_force

31-831. abatement of catastrophic public nuisance — definitions. As used in sections 31-831 through 31-834, Idaho Code:

(1) "Catastrophic public nuisance" means a condition on federal land where natural resources and biota have been managed or neglected to such an extent as to cause:

(a) The threat of a catastrophic wildfire demonstrated by stand density, basal area or ground fuel load greater than one hundred fifty percent (150%) of land health standards or an insect or disease infestation severe enough to threaten the mortality of at least twenty percent (20%) of the trees in the forestation area; or

(b) A condition in the area that threatens the quality or quantity of the public water supply of a county, the health, safety or welfare of the citizens of a county, the air quality of a nonattainment area, or the vegetative resources required to support land health and authorized livestock grazing.

(2) "Chief executive officer" means for a county, the chair of the county commission, if the county is operating under the county commission or expanded county commission form of government; the county executive officer, if the county is operating under the county-executive form of government; or the county manager, if the county is operating under the council-manager form of government.

(3) "County sheriff" means an individual elected to the office of county sheriff and who fulfills the duties described in section 31-2202, Idaho Code.

(4) "Federal agency" means the United States bureau of land management, the United States forest service, the United States fish and wildlife service or the national park service.

(5) "Federally managed land" means land that is managed by a federal agency.

History:

[31-831, added 2016, ch. 366, sec. 1, p. 1075.]
Idaho Code § 31-5005 — Idaho Code / Title 31 / Chapter 50 / Section 31-5005
31-5005 ELECTION TO ADOPT OPTIONAL FORM OF COUNTY GOVERNMENT — BALLOT QUESTION — MORE THAN ONE OPTION ON THE BALLOT.
Status: in_force

31-5005. Election to adopt optional form of county government — Ballot question — More than one option on the ballot. (1) The question of adopting an optional form of county government shall be submitted to the electors in substantially the following form:

Vote for one:

In favor of retaining the (name current form of government) form of county government.

In favor of adopting the (name optional form) form of county government.

(2) If more than one (1) optional form of county government is to be presented to the electors the questions shall be submitted in substantially the following form:

Vote for one:

In favor of retaining the (name current form of government) form of county government.

In favor of adopting the (name optional form) form of county government.

Vote for one:

In favor of retaining the (name current form of government) form of county government.

In favor of adopting the (name optional form) of county government.

If a majority of the electors favor more than one (1) option appearing on the ballot, the option receiving the greatest number of votes shall be adopted.

History:

[31-5005, added 1996, ch. 283, sec. 1, p. 919.]
Idaho Code § 31-3913 — Idaho Code / Title 31 / Chapter 39 / Section 31-3913
31-3913 ORGANIZATION OF BOARD — MEETINGS — OFFICERS — OFFICIAL BONDS.
Status: in_force

31-3913. Organization of board — Meetings — Officers — Official bonds. (1) Immediately after qualifying, the board of ambulance service commissioners shall meet and organize as a board and, at that time and whenever thereafter vacancies in the respective offices may occur, they shall elect a president from their number and shall appoint a secretary and treasurer, who may also be from their number, all of whom shall hold office at the pleasure of the board or for terms fixed by the board. The offices of secretary and treasurer may be filled by the same person. Certified copies of all such appointments, under the hand of each of the commissioners, shall be forthwith filed with the clerk of the board of county commissioners and with the tax collector of the county.

(2) As soon as practicable after the organization of the first board of ambulance service district commissioners, and thereafter when deemed expedient or necessary, the board shall designate a day and hour on which regular meetings shall be held and a place for the holding thereof, which shall be within the district. Regular meetings shall be held at least quarterly. The minutes of all meetings must show what bills are submitted, considered, allowed, or rejected. The secretary shall make a list of all bills presented, showing to whom payable, for what service or material, when and where used, the amount claimed, allowed or disallowed. Such list shall be acted on by the board. All meetings of the board must be public, and a majority shall constitute a quorum for the transaction of business. All ambulance service districts shall meet the financial audit filing requirements as provided in section 67-450B, Idaho Code. All meetings of ambulance service boards shall be noticed and run in accordance with the open meetings law provided for in chapter 2, title 74, Idaho Code. All records of ambulance service districts shall be available to the public in accordance with the provisions of public records law as provided for in chapter 1, title 74, Idaho Code.

(3) The officers of the district shall take and file with the secretary an oath for faithful performance of the duties of the respective offices. The treasurer shall, on his appointment, execute and file with the secretary an official bond in compliance with section 41-2604, Idaho Code, in such an amount as may be fixed by the ambulance service board but in no case less than ten thousand dollars ($10,000).

History:

[31-3913, added 2020, ch. 209, sec. 11, p. 610.]