Idaho Code § 31-1412 — Idaho Code / Title 31 / Chapter 14 / Section 31-1412
31-1412 ANNEXATION OF TERRITORY IN ADJOINING COUNTY.
Status: in_force

31-1412. Annexation of territory in adjoining county. After the organization of a fire protection district, additional territory, contiguous or noncontiguous thereto and located wholly within an adjoining county, may be added to the district and become a part thereof as hereinafter provided in this section. Noncontiguous territory annexed to an existing fire protection district shall consist of not less than forty (40) contiguous acres. The proceedings for annexation shall be the same as the proceedings for the creation and organization of a fire protection district with the following exceptions and modifications:

(1) Such proceeding may be initiated by:

(a) Two (2) or more of the holders of title or evidence of title to lands aggregating not less than one hundred (100) acres; or

(b) One hundred percent (100%) of the holders of title or evidence of title to lands aggregating not less than one hundred (100) acres.

(2) A petition, such as is required by section 31-1403, Idaho Code, shall be filed with the fire protection board of the fire protection district into which petitioners seek to be annexed. The petition shall accurately describe the boundaries of the territory and name and describe the fire protection district to which annexation is sought. The petition shall be accompanied by a map showing and distinguishing the boundaries of the original district and the boundaries of the territory proposed to be annexed, and showing the location of the intervening county line. An election is not required pursuant to subsection (5) of this section when the petition includes a certification as to the following: (a) that one hundred percent (100%) of the holders of title or evidence of title of the property proposed to be annexed have joined in the initial petition requesting annexation; and (b) that there is no electorate present in the property proposed to be annexed. The fire protection board shall follow the notice and public hearing requirements contained in section 31-1411, Idaho Code, and if it approves of the annexation proposal, it will issue a written resolution consenting to the proposed annexation. If the fire protection board issues such a resolution, the petitioners shall proceed in accordance with the steps outlined in this section.

(3) A petition, such as is required by section 31-1403, Idaho Code, shall be filed with the board of county commissioners of the county in which is situated the territory proposed to be annexed but shall accurately describe the boundaries of the territory, and name and describe the fire protection district to which annexation is sought, shall be accompanied by a map showing and distinguishing the boundaries of the original district and the boundaries of the territory proposed to be annexed, and showing the location of the intervening county line. An election is not required pursuant to subsection (5) of this section when the petition includes a certification as to the following: (a) that one hundred percent (100%) of the holders of title or evidence of title of the property proposed to be annexed have joined in the initial petition requesting annexation; and (b) that there is no electorate present in the property proposed to be annexed. The petition must be accompanied by a certified copy of the resolution of the board of fire protection commissioners consenting to the annexation.

(4) The notice of hearing on the petition shall state that certain territory described in the petition, is proposed to be annexed to a fire protection district named in the petition and that any taxpayer within the boundaries of the territory proposed to be annexed may offer objections at the time and place specified. The order entered by the local board of county commissioners on the petition shall, if the petition be granted, fix the boundaries of the annexed territory and direct that a map of it be prepared under the direction of the clerk of the board, and certified copies of the order and map shall be transmitted to the clerk of the board of county commissioners of the county in which the original fire protection district is situated.

(5) An election shall be conducted by the county clerk or elections office in the county where the land sought to be annexed is situated, subject to the provisions of section 34-106, Idaho Code, in the territory proposed to be annexed for the purpose of voting upon the annexation and the notice shall accurately describe the boundaries of the territory proposed to be annexed, shall state the name of the district to which annexation is sought, and that a map showing the boundaries of the district and of the territory proposed to be annexed is on file in the office of the clerk of the local board of county commissioners. The notice shall prescribe the form of ballot to be cast, which shall contain the words "In favor of annexation to …. Fire Protection District" and "Against annexation to …. Fire Protection District," and shall direct that the voter indicate his choice thereon by a cross (X). An election pursuant to the provisions of this subsection shall accomplish no purpose and, therefore, shall not be required if the following conditions are certified in the petition(s) submitted in accordance with subsections (2) and (3) of this section: (a) that one hundred percent (100%) of the holders of title or evidence of title of the property proposed to be annexed have joined in the initial petition requesting annexation; and (b) that there is no electorate present in the property sought to be annexed.

(6) The territory proposed to be annexed shall constitute one (1) election precinct and there shall be added to the usual elector's oath, in case of challenge, the following words: "And I am a resident within the boundaries of the territory proposed to be annexed to …. Fire Protection District." The returns of the election shall be canvassed by the board of the county commissioners of the county in which the territory proposed to be annexed is situated, and if it shall appear from the canvass that more than one-half (1/2) of the voters are in favor of the annexation, the board shall, by order entered on its minutes, declare the territory a part of the fire protection district to which annexation is sought, and a certified copy of the order shall be transmitted to the fire protection board of the original district, and also to the board of the county commissioners of the county in which the original district is situated. A certified copy of the order shall also be filed in the office of the county recorder of the county in which the territory proposed to be annexed is situated. At the first meeting of the board of fire protection commissioners following the annexation of property from another county, the board shall resubdivide the expanded fire protection district into three (3) subdivisions, as nearly equal in population and area as practicable. Not more than one (1) fire protection district commissioner shall reside in each subdistrict. If, because of resubdistricting, two (2) or more commissioners reside in the same subdistrict, they shall draw lots to determine who shall remain in office. The remaining commissioners on the board shall appoint, as necessary, persons to fill vacancies created as a result of annexation pursuant to the provisions of section 31-1409, Idaho Code. An appointee shall serve the remainder of the term of office he or she is appointed to fill. Certified copies of appointments of secretary and treasurer of the district shall be filed with the clerk of the board of county commissioners and with the tax collector of each county in which any portion of the district is situated and all taxes levied by the district shall be certified to, and extended, collected and remitted by, the proper officers of the county in which is situated the property subject to the levy.

History:

[31-1412, added 1943, ch. 161, sec. 12, p. 324; am. 1975, ch. 219, sec. 1, p. 610; am. 1980, ch. 350, sec. 6, p. 891; am. 1984, ch. 117, sec. 1, p. 262; am. 1984, ch. 202, sec. 3, p. 494; am. 1994, ch. 360, sec. 3, p. 1129; am. 1995, ch. 118, sec. 30, p. 455; am. 2006, ch. 318, sec. 11, p. 998; am. 2010, ch. 176, sec. 1, p. 363.]
Idaho Code § 31-904 — Idaho Code / Title 31 / Chapter 9 / Section 31-904
31-904 HEARING AND DECREE ON PETITION FOR CONFIRMATION — APPEAL TO SUPREME COURT.
Status: in_force

31-904. Hearing and decree on petition for confirmation — Appeal to Supreme Court. Upon the hearing of said petition, the court shall examine the petition filed with the clerk of the board of county commissioners and the proceedings had thereunder, and if any contest be made upon the facts as found by the board, the court may hear evidence thereon for the purpose of determining whether there is an substantial evidence to support the findings and decision of the board. If the court finds that the proceedings of the board were taken and had substantially in accordance with the provisions of this act, and that the board had jurisdiction and authority to make the order, it shall, by its decree, approve and confirm the proceedings of the board; otherwise, it shall vacate and set aside the findings and order as made by the board, or modify or amend the same to conform to the facts as found and determined by the court. Any party aggrieved by the decree or order of the court may appeal therefrom, within thirty (30) days after the entry of such decree or order, to the Supreme Court of the state of Idaho. The provisions of the statutes governing appeals in civil actions shall apply to appeals under this act.

History:

[31-904, added 1935 (1st E.S.), ch. 52, sec. 4, p. 137.]
Idaho Code § 31-2705 — Idaho Code / Title 31 / Chapter 27 / Section 31-2705
31-2705 ESTABLISHMENT OF COUNTY LINES.
Status: in_force

31-2705. Establishment of county lines. Whenever it shall be ordered by an act of the legislature to establish the boundary line between two (2) counties, the board of county commissioners of each county interested in the boundary shall jointly select and retain the services of a professional land surveyor to establish said boundary line, or each county shall select and retain the services of a professional land surveyor who shall jointly establish said boundary, and firmly plant and mark corners and monuments of imperishable material, also to prepare plats and field notes jointly, one (1) copy of which shall be filed with the auditor and recorder of each of the counties so interested. The fees and compensations for such surveys, plats and field notes, shall be paid out of the county treasury upon the order of the county commissioners of each county to the respective surveyors so employed.

History:

[(31-2705) 1897, p. 19, sec. 6; reen. 1899, p. 295, sec. 6; reen. R.C. & C.L., sec. 2091; C.S., sec. 3670; I.C.A., sec. 30-2205; am. 1963, ch. 90, sec. 2, p. 286; am. 1989, ch. 101, sec. 1, p. 234.]
Idaho Code § 31-413 — Idaho Code / Title 31 / Chapter 4 / Section 31-413
31-413 PAYMENT OF FLOATING INDEBTEDNESS — DISPOSITION OF BONDED DEBT.
Status: in_force

31-413. Payment of floating indebtedness — Disposition of bonded debt. The floating indebtedness of the counties so consolidated, existing and owing at the time the consolidation becomes effective, evidenced by warrants, orders, tax anticipation notes or bonds, and claims outstanding and unpaid, and bond interest coupons maturing prior to said date, shall be determined by the respective county auditors of said counties, and the amount and details thereof certified to the board of commissioners of the county with which the consolidation has been effected. All money in the possession or under the control of the treasurer or other officer of the county which has been consolidated (except school district, road district, highway district, city, village and other municipal funds) shall be paid over to the treasurer of the other county and by the latter applied upon said floating indebtedness of the county which has been consolidated. If any balance remains after the payment of such floating indebtedness, such balance shall be apportioned to the current expense fund of the consolidated county. If such money and credits shall be insufficient to pay such floating indebtedness, as aforesaid, such deficiency shall be met, provided for and paid by levy made on the taxable property in the territory of the county which has been consolidated, such levy to be made and to be payable as other levies for the redemption and payment of indebtedness of like character. In like manner, any amount of such floating indebtedness of the county with which the consolidation has been effected, over and above the moneys in the possession or under the control of the treasurer or other officer of such county (except school district, road district, highway district, village, city and other municipal funds) at the time the consolidation becomes effective, shall be met, provided for and paid by levy on the taxable property in the territory of such county as it existed prior to consolidation.

The bonded indebtedness of the respective counties, existing at the time the consolidation becomes effective, shall be met, provided for and paid as if no consolidation had been effected, the taxable property in the territory of each county, as it formerly existed, remaining liable therefor as before; and the same rule shall apply in the case of any refunding issue or issues.

History:

[31-413, added 1933, ch. 135, sec. 13, p. 206.]
Idaho Code § 31-5611 — Idaho Code / Title 31 / Chapter 56 / Section 31-5611
31-5611 COUNTY PROSECUTING ATTORNEY.
Status: in_force

31-5611. County prosecuting attorney. For purposes of this act, the duties of the county prosecuting attorney shall be as provided in chapter 26, title 31, Idaho Code, and as otherwise prescribed by law. A county prosecuting attorney:

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

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

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

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

History:

[31-5611, added 1996, ch. 283, sec. 7, p. 944; am. 1996, ch. 326, sec. 2, p. 1117.]
Idaho Code § 31-4410 — Idaho Code / Title 31 / Chapter 44 / Section 31-4410
31-4410 DISPOSAL OF WASTE AT PLACE OTHER THAN WASTE DISPOSAL SYSTEM — MISDEMEANOR — CIVIL DAMAGES — VENUE OF ACTION.
Status: in_force

31-4410. Disposal of waste at place other than waste disposal system — Misdemeanor — Civil damages — Venue of action. It shall be a misdemeanor, except at solid waste disposal systems located, maintained and operated as provided by this act, for any person to throw away, dump or discard any type or nature of solid waste on any public lands, rights of way of any kind, or private land of another. In addition to the criminal penalties for violation of this section, civil damages in an amount of three (3) times the actual damage shall be imposed upon the person so convicted to be used to restore the lands to their original state. Such civil actions shall be brought in and for the county in which the violation occurred, and any remainder of damages collected after restoration shall be used for maintenance and operation of solid waste disposal systems.

History:

[31-4410, added 1970, ch. 104, sec. 10, p. 259; am. 1971, ch. 61, sec. 10, p. 137.]
Idaho Code § 31-5404 — Idaho Code / Title 31 / Chapter 54 / Section 31-5404
31-5404 COUNTY CLERK, EX OFFICIO AUDITOR AND RECORDER.
Status: in_force

31-5404. 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, ex officio auditor and recorder; or

(3) Shall be appointed by the board of county commissioners and shall 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 clerk of the district court, as provided in chapter 10, title 1, Idaho Code, may not be consolidated with the office of the sheriff or prosecuting attorney.

History:

[31-5404, added 1996, ch. 283, sec. 5, p. 934.]
Idaho Code § 31-2223 — Idaho Code / Title 31 / Chapter 22 / Section 31-2223
31-2223 DELIVERY OF PROPERTY TO SUCCESSOR.
Status: in_force

31-2223. Delivery of property to successor. Within three (3) days after the service of the certificate upon the former sheriff, he must deliver to his successor:

1. The jail of the county, with its appurtenances and the property of the county therein.

2. The prisoners then confined in the county jail.

3. The process, orders and other papers in his custody, authorizing or relating to the confinement of the prisoners.

4. All process and orders for the arrest of a party, and all papers relating to the summoning of a grand or trial jury, which have not been fully executed.

5. All executions, attachments and final process, which have been partially executed, with his return thereon showing to what extent he has executed the same.

History:

[(31-2223) 1863, p. 475, sec. 37; R.S., sec. 1893; reen. R.C. & C.L., sec. 2045; C.S., sec. 3617; am. 1921, ch. 138, sec. 1, p. 323; I.C.A., sec. 30-1723.]
Idaho Code § 31-2904 — Idaho Code / Title 31 / Chapter 29 / Section 31-2904
31-2904 RECORDING OF DOCUMENTS.
Status: in_force

31-2904. Recording of documents. (1) In this section, "paper document" means a document that is received by the recorder in a form that is not electronic.

(2) A recorder:

(a) Who implements any of the functions listed in this section shall do so in compliance with standards established by the secretary of state;

(b) May receive, index, store, archive and transmit electronic documents;

(c) May provide for access to, and for search and retrieval of, documents and information by electronic means;

(d) Who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index;

(e) May convert paper documents accepted for recording into electronic form;

(f) May convert into electronic form information recorded before the recorder began to record electronic documents;

(g) May accept electronically any fee that the recorder is authorized to collect; and

(h) May agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees.

History:

[31-2904, added 2007, ch. 63, sec. 1, p. 155; am. 2020, ch. 43, sec. 1, p. 97.]
Idaho Code § 31-703 — Idaho Code / Title 31 / Chapter 7 / Section 31-703
31-703 TERM OF OFFICE.
Status: in_force

31-703. Term of office. The term of office of a commissioner shall be as follows:

At the general election in 1936, two members shall be elected for a term of two (2) years and one member for a term of four (4) years; at each biennial election thereafter, one member shall be elected for a term of two (2) years and one for a term of four (4) years, it being further provided that at the general election in 1936, the commissioner from county commissioner's district number one, shall be elected for a term of four (4) years and that the four (4) year term shall be allotted thereafter in rotation to districts number two, three, and one.

History:

[(31-703) 1868, p. 100, sec. 2; R.S., sec. 1747; reen. R.C. & C.L., sec. 1906; C.S., sec. 3404; I.C.A., sec. 30-603; am. 1935, ch. 18, sec. 1, p. 37.]
Idaho Code § 31-4402 — Idaho Code / Title 31 / Chapter 44 / Section 31-4402
31-4402 AUTHORITY OF COUNTY COMMISSIONERS.
Status: in_force

31-4402. Authority of county commissioners. The board of county commissioners in each of the several counties is hereby authorized to acquire, establish, maintain and operate such solid waste disposal systems as are necessary and to provide reasonable and convenient access to such disposal systems by all the citizens of the county. For the purpose of establishing systems for solid waste disposal, the board of county commissioners may purchase, lease, condemn or receive as gifts such areas as are suitable, or the board may exchange land with any other unit or units of government under such terms as are mutually advantageous. In order that a county may acquire sites or systems as expeditiously and advantageously as possible, a county may use funds from current revenues, may use funds made available through the issuance of bonds, or may use funds made available from county building construction funds, and the provisions of chapter 10, title 31, Idaho Code, are hereby made applicable for the acquisition of solid waste disposal systems and a solid waste disposal system is declared to be a public building within the definition of chapter 10, title 31, Idaho Code, except that notwithstanding any other provisions of law, no board of county commissioners or other public authority shall be required to contract out the establishment, acquisition, operation or maintenance of a solid waste disposal system, but if it should elect to do so, it may waive the giving of a bond or other security in connection with such contract upon such terms and conditions as it deems appropriate, and provided further that any county may itself, without contracting out to any other party, establish, acquire, operate and maintain a solid waste disposal system.

History:

[31-4402, added 1970, ch. 104, sec. 2, p. 259; am. 1971, ch. 61, sec. 2, p. 137; am. 1979, ch. 109, sec. 1, p. 346.]
Idaho Code § 31-5804 — Idaho Code / Title 31 / Chapter 58 / Section 31-5804
31-5804 CHARTER COMMISSION TERMS — VACANCIES.
Status: in_force

31-5804. Charter commission terms — Vacancies. (1) The term of office of a member of a charter commission begins when a certificate of his election has been issued and concludes thirty (30) days after the election to adopt the charter proposed by the commission, or four (4) years after his election, whichever is earlier.

(2) Vacancies on the commission shall be filled by appointment of the governing body within thirty (30) days after the vacancy occurs.

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

History:

[31-5804, added 1996, ch. 129, sec. 1, p. 449.]
Idaho Code § 31-906 — Idaho Code / Title 31 / Chapter 9 / Section 31-906
31-906 LIENS FOR STATE TAXES NOT RELEASED.
Status: in_force

31-906. Liens for state taxes not released. This act shall not be construed as authorizing the board of county commissioners or the district court to release or discharge any lands from the lien of taxes levied thereon for state purposes unless the amount due the state has been paid by the county.

History:

[31-906, added 1935 (1st E.S.), ch. 52, sec. 6, p. 137.]
Idaho Code § 31-3912 — Idaho Code / Title 31 / Chapter 39 / Section 31-3912
31-3912 AMBULANCE SERVICE DISTRICT COMMISSIONERS — SUBDISTRICTS — TERM OF OFFICE — VACANCIES.
Status: in_force

31-3912. ambulance service district commissioners — subdistricts — Term of office — Vacancies. (1) At the meeting of the board of county commissioners at which the ambulance service district is declared organized, as provided in section 31-3911, Idaho Code, the county commissioners shall divide the ambulance service district into three (3) subdivisions, as nearly equal in population, area, and mileage as practicable, to be known as ambulance service commissioner subdistricts 1, 2, and 3. No more than one (1) of the ambulance service district commissioners shall be a resident of the same ambulance service subdistrict. The first commissioners appointed by the board of county commissioners shall serve until the next ambulance service district election, at which time their successors shall be elected. On the first Tuesday following the first Monday of November, of the next odd-numbered year following the organization of an ambulance service district, three (3) ambulance service district commissioners shall be elected. The term of office for ambulance service commissioners shall commence on the second Monday of January succeeding each general election. Commissioners appointed or elected must be electors residing within the ambulance service district for at least one (1) year immediately preceding their appointment or election. At the first election following organization of an ambulance service district, the commissioner from ambulance service subdistrict 1 shall be elected to a term of two (2) years and the commissioners from subdistricts 2 and 3 shall be elected to a term of four (4) years; thereafter, the term of office of all commissioners shall be four (4) years. For commissioners whose term in office expires in any even-numbered year, such commissioners shall remain in office until the next election in an odd-numbered year. Such elections and all other elections held under this chapter shall be held in conformity with the general laws of the state including chapter 14, title 34, Idaho Code.

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

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

(4) The board of ambulance service district commissioners may revise subdistricts when they deem it necessary due to significant shifts in population. The board of ambulance service district commissioners shall revise subdistricts upon any annexation of territory into the district and, in any case, within six (6) months following the end of each decennial United States census reporting year so as to equalize the population, area, and mileage between the subdistricts as nearly as practicable. Of the commissioners comprising the board, no more than one (1) commissioner shall be a resident of the same ambulance service commissioner's subdistrict. The revision of subdistricts shall not disqualify any elected commissioner from the completion of the term for which he has been duly elected. Notice of revised ambulance service commissioner subdistricts shall be provided to the county clerk of the county or counties in which the changes occur by means of a resolution that includes a map depicting the revised subdistrict boundaries.

(5) In any election for ambulance service district commissioner, if, after the deadline for filing a declaration of intent as a write-in candidate, it appears that only one (1) qualified candidate has been nominated for a subdistrict to be filled, it shall not be necessary for the candidate of that subdistrict to stand for election, and the board of the ambulance service district commissioners shall declare such candidate elected as commissioner, and the secretary of the district shall immediately make and deliver to such person a certificate of election.

(6) The results of any election for ambulance service district commissioner shall be certified by the county clerk of the county or counties of the district and the results reported to the ambulance service district.

History:

[31-3912, added 2020, ch. 209, sec. 10, p. 608.]
Idaho Code § 31-4406 — Idaho Code / Title 31 / Chapter 44 / Section 31-4406
31-4406 ORDINANCES REGULATING OPERATIONS AND MAINTENANCE — CRIMINAL PENALTIES — INJUNCTION.
Status: in_force

31-4406. Ordinances regulating operations and maintenance — Criminal penalties — Injunction. The board of county commissioners shall by ordinance provide for the necessary rules and regulations for the operation and maintenance of solid waste disposal systems. In addition to the criminal penalties provided for violation of a county ordinance, whenever it appears to the board of county commissioners that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this act or of a county ordinance enacted pursuant to this act, the board may bring an action in any court of competent jurisdiction to enjoin any such acts or practices and to enforce compliance with this act or any ordinance hereunder. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this act or ordinance hereunder, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted. The board of county commissioners shall not be required to furnish bond.

History:

[31-4406, added 1970, ch. 104, sec. 6, p. 259; am. 1971, ch. 61, sec. 6, p. 137.]
Idaho Code § 31-2801A — Idaho Code / Title 31 / Chapter 28 / Section 31-2801A
31-2801A POWERS AND DUTIES.
Status: in_force

31-2801A. powers and duties. The county coroner, who shall be a medicolegal death investigator, is charged with the responsibility of determining or certifying the cause and manner of death for those deaths properly the responsibility of the coroner. When a death is reported to the coroner, he shall have jurisdiction over the human remains for the purpose of conducting a medicolegal death investigation concerning the circumstances surrounding the death of an individual, and he shall gather and review background information, including but not limited to medical information and any other information, that may be helpful in determining or certifying the cause and manner of death.

History:

[31-2801A, added 2025, ch. 96, sec. 3, p. 513.]
Idaho Code § 31-4809 — Idaho Code / Title 31 / Chapter 48 / Section 31-4809
31-4809 FUND AND APPROPRIATIONS.
Status: in_force

31-4809. Fund and appropriations. The county treasurer of each county or the administrator for a 911 service area in which an emergency communications system has been established pursuant to this chapter shall establish a fund to be designated the emergency communications fund in which all fees collected pursuant to this chapter, including fees distributed pursuant to section 31-4818(6), Idaho Code, shall be deposited and such fund shall be used exclusively for the purposes of this chapter. The moneys collected and the interest earned in this fund shall be appropriated by the county commissioners, or governing board, for expenses incurred by the emergency communications system as set forth in an annual budget prepared by the joint powers board, or in their absence, the county commissioners and incorporated into the annual county budget.

History:

[31-4809, added 1988, ch. 348, sec. 1, p. 1029; am. 1990, ch. 200, sec. 7, p. 452; am. 2013, ch. 224, sec. 1, p. 525.]
Idaho Code § 31-144 — Idaho Code / Title 31 / Chapter 1 / Section 31-144
31-144 TWIN FALLS COUNTY.
Status: in_force

31-144. Twin Falls county. Twin Falls county is described as follows: beginning with the intersection of the middle of the channel of the Snake river with the north and south center line of section twenty-eight (28), township ten (10) south, range twenty-one (21) east;

Eastern boundary. Thence south on said center line of section twenty-eight (28), to the point of intersection of the north line of the right of way of the Minidoka & Southwestern Railroad Company, which point is one hundred (100) feet distant, at right angles, from the center of the main track of the line of road of said railroad company as the same is now located; thence in a southwesterly direction along the north line of said railroad right of way, to a point where said line intersects the south line of the canal right of way of the Twin Falls Land & Water Company, which point of intersection is one hundred (100) feet distant, at right angles, from the center line of the main canal of said Twin Falls Land & Water company; thence south to the south line of section thirty-six (36), township ten (10) south, range twenty (20) east; thence west to the southwest corner of section thirty-six (36); thence south on the section line to the south line of township eleven (11); thence west to the southeast corner of township eleven (11) south, range eighteen (18) east; thence south on the range line to the south line of the state of Idaho;

Southern boundary. Thence west along the south line of the state of Idaho to the thirty-eighth (38th) meridian of longitude west from Washington;

Western boundary. Thence north along said meridian to the intersection of the center of the main channel of Snake river;

Northern boundary. Thence up the center of the main channel of Snake river to the point of beginning.

County seat–Twin Falls.

History:

[(31-144) Compiled and reen. C.L. 3:41; C.S., sec. 48; I.C.A., sec. 30-144.]
Idaho Code § 31-4217 — Idaho Code / Title 31 / Chapter 42 / Section 31-4217
31-4217 ISSUANCE OF BONDS — TERMS — NEGOTIABLE — ACTIONS TO TEST VALIDITY — CONCLUSIVE PRESUMPTIONS.
Status: in_force

31-4217. Issuance of bonds — Terms — Negotiable — Actions to test validity — Conclusive presumptions. Bonds of an authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates as the authority shall approve, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium as such resolution, its trust indenture, or the bonds so issued, may provide.

The bonds may be sold at public or private sale at not less than par.

In case any of the commissioners or officers of the authority, whose signatures appear on any bonds or coupons, shall cease to be such commissioners or officers before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such commissioners or officers had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this act shall be fully negotiable.

In any suit, action or proceedings, involving the validity or enforceability of any bond of an authority or the security thereof, any such bond, reciting, in substance, that it has been issued by the authority to aid in financing a housing project to provide dwelling accommodations for persons of low income, shall be conclusively deemed to have been issued for a housing project of such character and said project shall be conclusively deemed to have been planned, located and constructed in accordance with purposes and provisions of this act.

History:

[31-4217, added 1970, ch. 211, sec. 17, p. 584.]
Idaho Code § 31-4812 — Idaho Code / Title 31 / Chapter 48 / Section 31-4812
31-4812 IMMUNITY AND CONDITIONS OF LIABILITY IN PROVIDING EMERGENCY COMMUNICATIONS SERVICE.
Status: in_force

31-4812. Immunity and conditions of liability in providing emergency communications service. In order to further the purposes of this chapter, and to encourage the development of consolidated emergency communications systems, the legislature finds that telecommunications providers making available consolidated emergency communications systems and related services shall not be subject to liability in conjunction with providing such services except on the terms stated below.

(1) No telecommunications provider shall be liable to any person for the good faith release to emergency communications system personnel of information not in the public record including, but not limited to, nonpublished or nonlisted telephone numbers.

(2) A telecommunications provider making available emergency communications systems or services, and its employees and agents, shall not be liable in tort to any person for damages alleged to have been caused by the design, development, installation, maintenance or provision of consolidated emergency communications systems or services, unless such entities or persons act with malice or criminal intent, or commit reckless, willful and wanton conduct.

(3) For the purposes of this section, "reckless, willful and wanton conduct" is defined as an intentional and knowing action, or failure to act, creating an unreasonable risk of harm to another, and which involves a high degree of probability that such harm will result.

History:

[31-4812, added 1990, ch. 221, sec. 1, p. 588; am. 2003, ch. 290, sec. 8, p. 791.]
Idaho Code § 31-2419 — Idaho Code / Title 31 / Chapter 24 / Section 31-2419
31-2419 RECORDS OPEN TO INSPECTION.
Status: in_force

31-2419. Records open to inspection. All books of record, maps, charts, surveys and other papers on file in the recorder's office, must, during office hours, be open for the inspection of any person who may desire to inspect them, and may be inspected without charge; and the recorder must arrange the books of record and indexes in his office in such suitable places as to facilitate their inspection. The recorder may provide one (1) or more public access terminals through which the public may access electronically stored versions of recorded documents. Any person inspecting the records who makes any attempt to alter any record in any way shall be guilty of a misdemeanor.

History:

[(31-2419) 1863, p. 475, sec. 80; R.S., sec. 2035; reen. R.C. & C.L., sec. 2078; C.S., sec. 3651; I.C.A., sec. 30-1919; am. 2005, ch. 243, sec. 8, p. 761.]
Idaho Code § 31-812 — Idaho Code / Title 31 / Chapter 8 / Section 31-812
31-812 EQUALIZATION OF ASSESSMENTS.
Status: in_force

31-812. Equalization of assessments. To equalize the assessments as provided by title 63, Idaho Code.

History:

[(31-812) R.S., sec. 1759; R.C., sec. 1917l, as added by 1913, ch. 143, sec. 2, p. 507; reen. C.L., sec. 1917l; C.S., sec. 3427; I.C.A., sec. 30-718; am. 1989, ch. 73, sec. 8, p. 122.]
Idaho Code § 31-2603 — Idaho Code / Title 31 / Chapter 26 / Section 31-2603
31-2603 SPECIAL PROSECUTOR — APPOINTMENT.
Status: in_force

31-2603. Special prosecutor — Appointment. (a) When the prosecuting attorney for the county is absent from the court, or when he has acted as counsel or attorney for a party accused in relation to the matter of which the accused stands charged, and for which he is to be tried on a criminal charge, or when he is near of kin to the party to be tried on a criminal charge, or when he has a business connection or kinship with the complainant or defendant, or when he is unable to attend to his duties, the district court may, upon petition of the prosecuting attorney or board of county commissioners, by an order entered in its minutes, stating the cause therefor, appoint some suitable person to perform for the time being, or for the trial of such accused person, the duties of such prosecuting attorney, and the person so appointed has all the powers of the prosecuting attorney, while so acting as such.

(b) The prosecuting attorney may petition the district judge of his county for the appointment of a special assistant attorney-general to assist in the prosecution of any criminal case pending in the county; and if it appears to the district judge to whom such petition is addressed that good cause appears for granting such petition, the district judge, may, with the approval of the attorney-general, appoint an assistant attorney-general to assist in such prosecution. The compensation of the person so appointed shall be fixed by agreement between the district judge and the attorney-general and shall be paid by the attorney-general out of appropriations made available for the conduct of his office.

History:

[(31-2603) 1897, p. 74, sec. 2; reen. 1899, p. 24, sec. 2; am. and reen. R.C. & C.L., sec. 2081; C.S., sec. 3654; I.C.A., sec. 30-2103; am. 1953, ch. 239, sec. 2, p. 360; am. 1988, ch. 295, sec. 1, p. 936.]
Idaho Code § 31-4207 — Idaho Code / Title 31 / Chapter 42 / Section 31-4207
31-4207 AID AND COOPERATION FROM OTHER STATE PUBLIC BODIES — ACTS AUTHORIZED.
Status: in_force

31-4207. Aid and cooperation from other state public bodies — Acts authorized. For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of housing projects located within the area in which it is authorized to act, any state public body may, upon such terms, with or without consideration, as it may determine:

(a) Dedicate, sell, convey or lease any of its interest in any property, or grant easements, licenses or any other rights or privileges therein, to a housing authority or the federal government;

(b) Cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities or any other works which it is otherwise empowered to undertake to be furnished adjacent to or in connection with housing projects;

(c) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks or other places which it is otherwise empowered to undertake;

(d) Plan or replan, zone or rezone any part of such state public body;

(e) Cause services to be furnished to the housing authority of the character which such state public body is otherwise empowered to furnish;

(f) Enter into agreements with respect to the exercise by such state public body of its powers relating to the repair, elimination or closing or unsafe, insanitary or unfit dwellings;

(g) Do any and all things, necessary or convenient to aid and cooperate in the planning, undertaking, construction or operation of such housing projects;

(h) Incur the entire expense of any public improvements made by such state public body in exercising the powers granted in this act;

(i) Enter into agreements, which may extend over any period, notwithstanding any provision or rule of law to the contrary, with a housing authority respecting action to be taken by such state public body pursuant to any of the powers granted by this section;

(j) With respect to any housing project which a housing authority has acquired or taken over from the federal government and which the housing authority by resolution has found and declared to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation and other protection, no state public body shall require any changes to be made in the housing project or in the manner of its construction or take any other action relating to such construction.

History:

[31-4207, added 1970, ch. 211, sec. 7, p. 584.]
Idaho Code § 31-4201 — Idaho Code / Title 31 / Chapter 42 / Section 31-4201
31-4201 SHORT TITLE.
Status: in_force

31-4201. Short title. The provisions of sections 1 through 26 of this act may be referred to as the "County Housing Authorities and Cooperation Law."

History:

[31-4201, added 1970, ch. 211, sec. 1, p. 584.]
Idaho Code § 31-2119 — Idaho Code / Title 31 / Chapter 21 / Section 31-2119
31-2119 CUSTODY OF COUNTY MONEY.
Status: in_force

31-2119. Custody of county money. The county treasurer must keep all moneys belonging to this state or to any county of this state in his own possession until disbursed according to law. He must not place the same in the possession of any person to be used for any purpose; nor must he loan or in any manner use or permit any person to use the same, except as provided by law; but nothing in this section prohibits him from making special deposits for the safe-keeping of the public moneys.

History:

[(31-2119) R.S., sec. 1857; reen. R.C. & C.L., sec. 2008; C.S., sec. 3580; I.C.A., sec. 30-1619.]
Idaho Code § 31-1422 — Idaho Code / Title 31 / Chapter 14 / Section 31-1422
31-1422 BUDGET AND HEARING — NOTICE OF HEARING — PUBLIC INSPECTION.
Status: in_force

31-1422. Budget and hearing — Notice of hearing — Public inspection. (1) The fire protection district board shall adopt a budget and shall cause a public hearing to be held upon such budget, prior to certifying a tax levy to the board of county commissioners of each county within the district, or having a portion of its territory within the district.

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

(3) Such budget shall be available for public inspection from and after the date of the posting of notices of hearing as in this section provided, at such place and during such business hours as the board may direct.

(4) A quorum of the board shall attend such hearing and explain the proposed budget and hear any and all objections thereto.

(5) The fiscal year of a fire protection district shall commence either on the first day of October of each calendar year, or on the first day of January of each calendar year, as established by resolution of the fire protection district board of commissioners.

History:

[(31-1422) 31-1419A, added 1982, ch. 362, sec. 1, p. 913; am. 2005, ch. 26, sec. 1, p. 132; am. and redesig. 2006, ch. 318, sec. 20, p. 1004.]
Idaho Code § 31-3407 — Idaho Code / Title 31 / Chapter 34 / Section 31-3407
31-3407 OBLIGATED COUNTY.
Status: in_force

31-3407. Obligated county. The county obligated for payment of nonmedical assistance for eligible applicants shall be the county in which said applicant currently maintains a residence at the time of application.

History:

[31-3407, added 1992, ch. 83, sec. 3, p. 260.]
Idaho Code § 31-1006 — Idaho Code / Title 31 / Chapter 10 / Section 31-1006
31-1006 JOINT SITES AND BUILDINGS — CONTRACTS.
Status: in_force

31-1006. Joint sites and buildings — Contracts. The boards of county commissioners of such counties and the city council or other governing body of such city, are hereby authorized and empowered to enter into all necessary contracts or agreements with respect thereto and also all necessary contracts and agreements as between such counties and city for apportioning the expenses of acquiring such site and constructing such buildings for the maintenance, operation and use thereof, and may from time to time, modify or change such agreements as they may deem best.

History:

[(31-1006) 1919, ch. 126, sec. 2, p. 412; C.S., sec. 3468; I.C.A., sec. 30-806; am. 1990, ch. 123, sec. 3, p. 294.]
Idaho Code § 31-2407 — Idaho Code / Title 31 / Chapter 24 / Section 31-2407
31-2407 JUDGMENTS AFFECTING LAND.
Status: in_force

31-2407. Judgments affecting land. When requested and paid the fee therefor, the recorder must record with the record of deeds, grants and transfers, certified copies of final judgments, decrees or transcripts of judgments or decrees partitioning or affecting the title or possession of real property, including water rights, any part of which is situate in the county of which he is recorder.

History:

[(31-2407) R.S., sec. 2027; reen. R.C. & C.L., sec. 2066; C.S., sec. 3639; I.C.A., sec. 30-1907; am. 1986, ch. 220, sec. 26, p. 583; am. 1989, ch. 90, sec. 3, p. 212.]
Idaho Code § 31-5601 — Idaho Code / Title 31 / Chapter 56 / Section 31-5601
31-5601 SEVEN-MEMBER BOARD OF COUNTY COMMISSIONERS.
Status: in_force

31-5601. Seven-member board of county commissioners. The form of government provided in this chapter shall consist of an elected board of county commissioners comprised of seven (7) members and the other officers specified in the resolution or petition from the choices provided in sections 31-5606 through 31-5611, Idaho Code.

History:

[31-5601, added 1996, ch. 283, sec. 7, p. 941.]
Idaho Code § 31-4115 — Idaho Code / Title 31 / Chapter 41 / Section 31-4115
31-4115 EXPENSES — LIMITATION.
Status: in_force

31-4115. Expenses — Limitation. Each translator district shall be liable for and shall pay to each county in which they are situated, the actual expense to the county in performing the duties required by its officers under the provisions of this act; in no event shall this amount exceed ten per cent (10%) of the amount of assessments collected in the county.

History:

[31-4115, added 1969, ch. 308, sec. 15, p. 944.]
Idaho Code § 31-709 — Idaho Code / Title 31 / Chapter 7 / Section 31-709
31-709 RECORDS TO BE KEPT.
Status: in_force

31-709. Records to be kept. The board must cause to be kept permanently and indefinitely, in accordance with the provisions of section 31-871A, Idaho Code:

1. Minute records, in which must be recorded all orders and decisions made by them, and the daily proceedings had at all regular and special meetings.

2. Allowance records, in which must be recorded all orders for the allowance of money from the county treasury, to whom made, and on what account, dating, numbering and indexing the same through each year.

3. Road records, containing all proceedings and adjudications relating to the establishment, maintenance, change and discontinuance of roads, road districts, and overseers thereof, their reports and accounts.

4. Franchise records, containing all franchises granted by them, for what purpose, the length of time and to whom granted, the amount of bond and license tax required.

5. Warrant records, to be kept by the county auditor, in which must be entered, in the order of drawing, all warrants drawn on the treasury, with their number and reference to the order on the minute book, with the date, amount, on what account, and name of payee.

6. Ordinance records, containing all ordinances, stating the date enacted.

7. Resolutions records, containing all resolutions, stating the date adopted.

History:

[(31-709) R.S., sec. 1754; am. R.C. & C.L., sec. 1912; C.S., sec. 3410; I.C.A., sec. 30-609; am. 1989, ch. 93, sec. 1, p. 219; am. 1993, ch. 140, sec. 3, p. 373; am. 1995, ch. 61, sec. 1, p. 135; am. 2016, ch. 47, sec. 14, p. 109.]
Idaho Code § 31-5503 — Idaho Code / Title 31 / Chapter 55 / Section 31-5503
31-5503 FIVE-MEMBER BOARD — DISTRICTS TO BE REDRAWN — ELECTION OF ADDITIONAL COMMISSIONERS.
Status: in_force

31-5503. Five-member board — Districts to be redrawn — Election of additional commissioners. (1) Upon the adoption of the form of government provided in this chapter, at the regular meeting of the board in January, preceding any election of additional county commissioners, the board must divide the county into the number of districts equal to the number of commissioners approved by the electors. The districts established shall be as nearly equal in population as possible. The redrawing of an existing district which places the incumbent county commissioner for that district outside of its boundaries shall not disqualify or otherwise affect the qualifications of the commissioner during his incumbency.

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

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

History:

[31-5503, added 1996, ch. 283, sec. 6, p. 937.]
Idaho Code § 31-4209 — Idaho Code / Title 31 / Chapter 42 / Section 31-4209
31-4209 DONATIONS BY COUNTY.
Status: in_force

31-4209. Donations by county. Any county, in which a housing authority has been created, shall have the power, from time to time, to lend or donate money to such authority or to agree to take such action; provided, however, that when a housing authority has the money available therefor it shall make reimbursement for all such loans made to it.

History:

[31-4209, added 1970, ch. 211, sec. 9, p. 584; am. 2001, ch. 260, sec. 3, p. 939.]
Idaho Code § 31-605 — Idaho Code / Title 31 / Chapter 6 / Section 31-605
31-605 COUNTIES NOT TO LOAN CREDIT.
Status: in_force

31-605. Counties not to loan credit. No county must in any manner loan or give its credit to or in aid of any person, association or corporation unless it is expressly authorized by law so to do.

History:

[(31-605) R.S., sec. 1734; reen. R.C. & C.L., sec. 1902; C.S., sec. 3400; I.C.A., sec. 30-505.]
Idaho Code § 31-5003 — Idaho Code / Title 31 / Chapter 50 / Section 31-5003
31-5003 DEFINITIONS.
Status: in_force

31-5003. Definitions. As used in chapters 50 through 57, title 31, Idaho Code:

(1) "Governing body" shall mean the board of county commissioners of the county or other legislative body governing the county under an optional form of county government approved by the electors of the county.

(2) "Officer" shall mean a member of the board of county commissioners, the clerk of the district court, ex officio auditor and recorder, the county treasurer, ex officio tax collector and public administrator, the county assessor, the county sheriff, the county coroner, the county prosecutor, or the holder of any other office of the county approved by the electors upon the adoption of an optional form of government.

(3) "Optional form of county government" shall mean any optional form of county government authorized by chapters 50 through 57, title 31, Idaho Code, or any subsequent act of the legislature.

(4) "Study commission" shall mean the body which may be appointed to review the government of the county and recommend which, if any, optional form of county government should be proposed to the electors.

History:

[31-5003, added 1996, ch. 283, sec. 1, p. 918.]
Idaho Code § 31-415 — Idaho Code / Title 31 / Chapter 4 / Section 31-415
31-415 DISPOSITION OF COUNTY MONEYS.
Status: in_force

31-415. Disposition of county moneys. The county treasurer of the formerly existing county shall turn over to the treasurer of the consolidated county all funds in his official possession or control belonging to municipal or quasi municipal corporations, and the proper record of such transaction shall be made in the office of the county auditor.

History:

[31-415, added 1933, ch. 135, sec. 15, p. 206.]
Idaho Code § 31-2611 — Idaho Code / Title 31 / Chapter 26 / Section 31-2611
31-2611 PROSECUTING ATTORNEY'S CONTINGENT FUND — APPROPRIATION BY COMMISSIONERS.
Status: in_force

31-2611. Prosecuting attorney's contingent fund — Appropriation by commissioners. The county commissioners of each county in this state are hereby authorized and directed to set apart at their first meeting in October of each year, from any funds then in the county treasury, not specially appropriated or set aside for other purposes, in an amount to be fixed by said board of county commissioners, a sum of money not less than one hundred dollars ($100) and not more than one thousand dollars ($1000), to be used by the prosecuting attorney of each county as a contingent fund for the purpose of defraying such necessary expenses as are not otherwise specifically provided for in the trial and preparation for trial of criminal cases, and in the payment of such necessary expenses as are not otherwise provided for in conducting investigations by the grand jury.

History:

[(31-2611) 1911, ch. 140, sec. 1, p. 436; reen. C.L., sec. 2086d; C.S., sec. 3662; I.C.A., sec. 30-2111; am. 1976, ch. 45, sec. 25, p. 140.]
Idaho Code § 31-2613 — Idaho Code / Title 31 / Chapter 26 / Section 31-2613
31-2613 CONTINGENT FUND — MANNER OF DISBURSEMENT.
Status: in_force

31-2613. Contingent fund — Manner of disbursement. All disbursements from said fund shall be made in the usual manner by the county treasurer of each county upon the warrant of the auditor of each county, which auditor's warrant shall be executed and delivered in an amount, and to the person designated by the order of the prosecuting attorney, countersigned by any judge of the district court for that county.

Before any such approval shall be indorsed upon any such order of any prosecuting attorney so applying for the same, it shall be the duty of said prosecuting attorney so applying for the same, to present to said judge of the district court an itemized and detailed statement of the expenses, for the payment of which he then makes application, and which statement shall be verified by said prosecuting attorney in the usual manner provided for the verification of claims against the counties of this state.

Immediately upon such judge of the district court affixing his indorsement to said order of the prosecuting attorney, said judge, if in his opinion the public interests will not be prejudiced thereby, and if he be of the opinion that the public interests will permit, shall file in the office of the county auditor of the county on which said order is drawn, said itemized and verified list so furnished by said prosecuting attorney.

History:

[(31-2613) 1911, ch. 140, secs. 3-5, p. 436; reen. C.L., sec. 2086f; C.S., sec. 3664; I.C.A., sec. 30-2113.]
Idaho Code § 31-4407 — Idaho Code / Title 31 / Chapter 44 / Section 31-4407
31-4407 EXISTING AND FUTURE MUNICIPAL FACILITIES TO CONFORM TO CHAPTER.
Status: in_force

31-4407. Existing and future municipal facilities to conform to chapter. Solid waste disposal facilities now in existence or hereafter established and maintained and/or operated by any city shall conform in the same manner as county solid waste disposal facilities as provided in section 31-4405, Idaho Code.

History:

[31-4407, added 1970, ch. 104, sec. 7, p. 259; am. 1971, ch. 61, sec. 7, p. 137.]
Idaho Code § 31-2802 — Idaho Code / Title 31 / Chapter 28 / Section 31-2802
31-2802 BURIAL OR CREMATION OF UNCLAIMED BODIES.
Status: in_force

31-2802. Burial or cremation of unclaimed bodies. When no person takes charge of the body of the deceased within fourteen (14) days of death, the coroner shall cause the body to be decently interred or cremated; and if there is not sufficient property belonging to the estate of the deceased to pay the necessary expenses of the burial or cremation, the expenses are a legal charge against the county pursuant to the provisions of section 31-3412, Idaho Code.

History:

[(31-2802) 1874, p. 566, sec. 22; am. R.S., sec. 2081; reen. R.C. & C.L., sec. 2097; C.S., sec. 3676; I.C.A., sec. 30-2302; am. 2002, ch. 57, sec. 1, p. 126; am. 2012, ch. 208, sec. 1, p. 562.]
Idaho Code § 31-5610 — Idaho Code / Title 31 / Chapter 56 / Section 31-5610
31-5610 COUNTY CORONER.
Status: in_force

31-5610. County coroner. For purposes of this act the duties of the county coroner shall be as provided in chapter 28, title 31, Idaho Code, and as otherwise prescribed by law. A county coroner:

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

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

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

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

History:

[31-5610, added 1996, ch. 283, sec. 7, p. 944; am. 1996, ch. 326, sec. 2, p. 1116.]
Idaho Code § 31-1411 — Idaho Code / Title 31 / Chapter 14 / Section 31-1411
31-1411 ANNEXATION OF TERRITORY IN SAME COUNTY — PETITION — HEARING — ORDER — CERTIFICATION TO COUNTY COMMISSIONERS — ALTERNATE PROCEDURE — ELECTION — PETITION TO DE-ANNEX PROPERTY FROM EXISTING DISTRICT AND ANNEX INTO ANOTHER DISTRICT.
Status: in_force

31-1411. Annexation of territory in same county — Petition — Hearing — Order — Certification to county commissioners — Alternate procedure — Election — Petition to de-annex property from existing district and annex into another district. (1) After the organization of a fire protection district, additional contiguous or noncontiguous territory lying within the same county may be added thereto and shall thereupon and thenceforth be included in such district. Territory that is not contained in an existing fire district, and is not immediately adjoining the boundaries of the fire district into which annexation is sought, may be annexed into the district provided the territory consists of not less than forty (40) contiguous acres. At least seventy-five percent (75%) or more of the owners or contract purchasers of the land sought to be annexed shall petition the fire protection board and request annexation of the territory particularly described in the petition. Upon receipt of a petition to annex, the fire protection board shall hold a hearing not less than ten (10) nor more than thirty (30) days thereafter or, upon the written consent of the petitioner, within one hundred eighty (180) days, and the board shall cause notice of the hearing, designating the time and place, to be published in at least one (1) issue of a newspaper of general circulation within the district. Any person supporting or objecting to the petition shall be heard at the hearing, if in attendance, and at the close of the hearing, the board shall approve or reject the petition. If the board approves the petition, it shall make an order to that effect and certify a copy of the order containing an accurate legal description of the annexed territory to the board of county commissioners of the county where the fire district is situated. The board of county commissioners shall thereupon enter an order of annexation and cause the same to be recorded so as to include the annexed property on the tax rolls as provided in this chapter.

(2) In the event that more than twenty-five percent (25%) of the owners or contract purchasers of the land sought to be annexed do not join in the petition, and the board determines by resolution, entered on the minutes of the board, that the annexation would be in the best interests of the district and that an election on the issue should be held, additional territory may nevertheless be annexed by the affirmative vote of a majority of the qualified electors of the additional territory voting on the question at an election held therefor, which vote may be taken at an election held as provided in section 31-1405, Idaho Code. The same procedure shall be adopted as provided in sections 31-1402 through 31-1406, Idaho Code.

(3) Any area embraced within the limits of any fire protection district may be de-annexed by such fire protection district and annexed into another fire protection district:

(a) If owners or contract purchasers of territory located within an existing fire protection district petition to be annexed into another fire protection district, demonstrate that they are likely to receive an improved response to requests for services from the other fire protection district, and obtain written approval of the board of the fire protection district within which the territory is already located. The written approval must be attached to their petition to annex. Upon receipt of a petition to annex, the fire protection board shall hold a hearing no less than ten (10) nor more than thirty (30) days thereafter or, upon the written consent of the petitioner, within one hundred eighty (180) days, and the board shall cause notice of such hearing, designating the time and place, to be published in at least one (1) issue of a newspaper of general circulation within the district. Any person supporting or objecting to the petition shall be heard at the hearing, if in attendance, and at the close of the hearing, the board shall approve or reject the petition. If the board approves the petition, it shall make an order to that effect and certify a copy of the order containing an accurate legal description of the annexed territory to the board of county commissioners of the county where the fire district is situated and to the state tax commission pursuant to section 63-215, Idaho Code. The board of county commissioners shall thereupon enter an order of annexation and cause the same to be recorded so as to include the annexed property on the tax rolls as provided in this chapter; or

(b) With the consent of the governing boards of each fire protection district, expressed by ordinance or resolution of each district. If the boards approve any annexation and corresponding de-annexation of territory, the fire protection district annexing territory shall make an order to that effect and certify a copy of the order containing an accurate legal description of the annexed territory to the board of county commissioners of the county where the fire district is situated and to the state tax commission pursuant to section 63-215, Idaho Code. The board of county commissioners shall thereupon enter an order of annexation and cause the same to be recorded so as to include the annexed property on the tax rolls as provided in this chapter.

History:

[31-1411, added 1943, ch. 161, sec. 11, p. 324; am. 1959, ch. 139, sec. 1, p. 314; am. 1984, ch. 202, sec. 2, p. 493; am. 1994, ch. 360, sec. 2, p. 1128; am. 1995, ch. 84, sec. 1, p. 248; am. 1995, ch. 118, sec. 29, p. 454; am. 1996, ch. 360, sec. 3, p. 1213; am. 2006, ch. 318, sec. 8, p. 995; am. 2026, ch. 197, sec. 1, p. 852.]
Idaho Code § 31-503 — Idaho Code / Title 31 / Chapter 5 / Section 31-503
31-503 CERTIFICATE OF DETERMINATION.
Status: in_force

31-503. Certificate of determination. Before the board of county commissioners of a county shall issue bonds under the provisions of this chapter the board must first ascertain and determine that the particular bonded, warrant or other indebtedness of the county, proposed to be retired by the bond issue, constitutes binding and subsisting obligations of the county, and they shall thereupon cause a certificate of determination to be made and entered in and upon the records of said board and the findings of said board shall thereafter be conclusive as a basis for the issuance of such bonds and the levy and collection of taxes for their payment.

History:

[(31-503) 1915, ch. 20, part of sec. 1, p. 72; reen. C.L. 146:3; C.S., sec. 3761; I.C.A., sec. 30-403.]
Idaho Code § 31-3219 — Idaho Code / Title 31 / Chapter 32 / Section 31-3219
31-3219 PHOTOGRAPHIC COPIES OF RECORDS — FEES.
Status: in_force

31-3219. Photographic copies of records — Fees. The county recorder, and the clerk of the district court, is allowed, and may receive for his services, the following fees, to be paid him by the party procuring his services:

For photographic copies of any record the sum of $1.00 per page.

History:

[31-3219, added 1957, ch. 166, sec. 1, p. 300; am. 1959, ch. 66, sec. 1, p. 138.]
Idaho Code § 31-877 — Idaho Code / Title 31 / Chapter 8 / Section 31-877
31-877 WATER AND SEWER SERVICES.
Status: in_force

31-877. Water and sewer services. The boards of county commissioners in their respective counties shall have the authority to provide necessary water and sewer services to any part of the county which does not receive water and sewer services, or any part of the county where a water and sewer or a water or sewer district has been dissolved pursuant to chapter 41, title 63, Idaho Code. For purposes of this section, a board of county commissioners shall have the authority granted to water and sewer districts pursuant to chapter 32, title 42, Idaho Code, and the authority granted to municipalities pursuant to the provisions of title 50, Idaho Code.

History:

[31-877, added 2001, ch. 184, sec. 1, p. 642.]
Idaho Code § 31-4902 — Idaho Code / Title 31 / Chapter 49 / Section 31-4902
31-4902 DEFINITIONS.
Status: in_force

31-4902. Definitions. As used in this chapter:

(1) "Act" or "this act" means this regional solid waste or domestic septage district act.

(2) "Commissioners" means the board of commissioners of each county within a district.

(3) "District" means a regional solid waste or domestic septage district created pursuant to this chapter.

(4) "District board" means the board of directors of a district.

(5) "Domestic septage" means either liquid or solid material removed from a septic tank, cesspool, portable toilet, type III marine sanitation device, or similar treatment works that receive only domestic sewage. Domestic septage does not include liquid or solid material removed from septic tanks, cesspools, or similar treatment works that receive either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a restaurant.

(6) "Facility" or "facilities" means all equipment and other property, including electrical cogeneration equipment, deemed necessary by the district board for the operation of a solid waste disposal and/or resource recovery system or the operation of domestic septage receiving stations, domestic septage treatment processes and domestic septage disposal methods.

(7) "Participating county" means a county which elects, through action of the commissioners as provided in this chapter, to become a member of a district.

(8) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under 33 U.S.C. 1342, or source, special nuclear, or byproduct material as defined by the atomic energy act of 1954, as amended.

(9) "State" means the state of Idaho.

(10) "System" means all components of solid waste operations including, but not limited to, landfill compliance measures, landfill disposal operations, regional transfer operations, domestic septage receiving stations, domestic septage disposal methods, domestic septage treatment operations and resource recovery and management, on any site or sites acquired, constructed, operated, or managed by a district.

History:

[31-4902, added 1990, ch. 390, sec. 1, p. 1086; am. 2001, ch. 175, sec. 3, p. 596.]
Idaho Code § 31-1436 — Idaho Code / Title 31 / Chapter 14 / Section 31-1436
31-1436 NONLIABILITY OF AGENCY FOR DELAY IN REPORT OF FIRE — EXCEPTION.
Status: in_force

31-1436. Nonliability of agency for delay in report of fire — Exception. No person, corporation, partnership or association which is authorized by any city fire department, fire protection district or by any volunteer fire company to receive any report of fire or which agrees to receive and transmit the report to the fire department, fire protection district or volunteer fire company, shall be liable in any civil action for damage to property or persons, including death, caused by delay in reporting or failure to report the fire, unless the delay or failure is the result of the gross negligence of the person, corporation, partnership or association.

History:

[(31-1436) 31-1437, added 1955, ch. 188, sec. 1, p. 410; am. 1984, ch. 202, sec. 8, p. 498; am. and redesig. 2006, ch. 318, sec. 37, p. 1013.]
Idaho Code § 31-138 — Idaho Code / Title 31 / Chapter 1 / Section 31-138
31-138 ONEIDA COUNTY.
Status: in_force

31-138. Oneida county. Oneida county is described as follows: beginning at a point where the one hundred thirteenth (113th) meridian west from Greenwich intersects with the southern line of township twelve (12) south;

Western boundary. Thence south along the said meridian to a point where said meridian intersects with the northern boundary line of the state of Utah (R.C., section 23s);

Southern boundary. Thence easterly along said boundary line to a point on the boundary line between the states of Utah and Idaho, where the same is intersected by the section line between sections twenty-six (26) and twenty-seven (27), township sixteen (16) south, range thirty-seven (37) east;

Eastern boundary. Thence in a northerly direction along the section line as now surveyed to the southeast corner of section twenty-seven (27), township fourteen (14) south, range thirty-seven (37) east; thence easterly along said section line as now surveyed to the southeast corner of section twenty-six (26), township fourteen (14) south, range thirty-seven (37) east; thence continuing easterly along said line to a point which, when surveyed, will be the southeast corner of section twenty-five (25), township fourteen (14) south, range thirty-seven (37) east; thence northerly along the western boundary of township fourteen (14) south, range thirty-eight (38) east, as now surveyed, to its intersection with the boundary line (1913, ch. 5, section 2, pp. 22, 23) of Bannock county; thence west along the boundary line of Bannock county to a point on the top of the range west of a point one (1) mile south of the present southern boundary of the townsite of Oxford; thence northwesterly along the crest of the mountains between Malad and Marsh valleys to an intersection of the township line between ranges thirty-six (36) and thirty-seven (37) east, Boise meridian, thence north to the east quarter (E1/4) corner of section twenty-five (25), township twelve (12) south, range thirty-six (36) east, Boise meridian; thence west through the center of sections twenty-five (25), twenty-six (26), twenty-seven (27) and to the center of section twenty-eight; thence south on the north and south center line of sections twenty-eight (28) and thirty-three (33), township twelve (12) south, range thirty-six (36) east, Boise meridian, to the top of the crest of the mountains between Malad and Marsh valleys; thence northwesterly along the crest of the mountains between Malad and Marsh valleys to the southeast corner of section twenty-four (24), township eleven (11) south, range thirty-five (35) east, Boise meridian; thence following the unbroken crest of the main mountain range to the northwest corner of section twenty-three (23), township eleven (11) south, range thirty-five (35) east; thence north one-half (1/2) mile, to the quarter corner between sections fourteen (14) and fifteen (15); thence west one (1) mile to the quarter corner of sections fifteen (15) and sixteen (16); thence north one-half (1/2) mile, to the northwest corner of section fifteen (15); thence west one-fourth (1/4) mile; thence north one-half (1/2) mile; thence west one-half (1/2) mile; thence north one-half (1/2) mile; thence west one-fourth (1/4) mile, to the northwest corner of section nine (9), township eleven (11) south, range thirty-five (35) east; thence north one (1) mile, to the northwest corner of section four (4), township eleven (11) south, range thirty-five (35) east, which is the point of intersection with the township line between townships ten (10) and eleven (11) south, range thirty-five (35) east;

Northern boundary. Thence west along and upon the south line of said township ten (10), to a point on said line two (2) miles east from the southeast corner of township ten (10) south, range thirty-three (33) east (1913, ch. 6, section 2, p. 32); thence south to a point where the line thus drawn intersects the line between townships eleven (11) and twelve (12) south, range thirty-four (34) east (1915, ch. 132, section 2, p. 288); thence west along and upon the south line of said township eleven (11) south, to the southeast corner of township eleven (11) south, range thirty-two (32) east; thence south upon the township line to the southeast corner of township twelve (12) south, range thirty-two (32) east; thence west upon and along the southern line of said township twelve (12), to the place of beginning (1913, ch. 6, section 2, p. 32).

History:

[(31-138) Compiled and reen. C.L. 3:35; C.S., sec. 42; am. 1927, ch. 256, sec. 6, p. 431; I.C.A., sec. 30-138.]
Idaho Code § 31-4811 — Idaho Code / Title 31 / Chapter 48 / Section 31-4811
31-4811 PAY PHONES TO BE CONVERTED TO ALLOW EMERGENCY CALLS WITHOUT CHARGE.
Status: in_force

31-4811. Pay phones to be converted to allow emergency calls without charge. Every provider of telephone service or other owner of a pay station telephone in an area served by an emergency telephone system established pursuant to this chapter must convert every pay station telephone to permit dialing 911 or the telephone company operator without deposit of a coin or other charge to the caller. Conversion must be completed by or before the time the emergency telephone system is operational. If modification of telephone service switching equipment is necessary to implement the provisions of this section, such modification shall be considered a cost of the emergency communications program and the provider of telephone service shall be compensated from the user fees authorized for this chapter upon application to the county, providing that such costs are approved by the public utilities commission.

History:

[31-4811, added 1988, ch. 348, sec. 1, p. 1030.]
Idaho Code § 31-4332 — Idaho Code / Title 31 / Chapter 43 / Section 31-4332
31-4332 BOARD ATTENDANCE — DUTIES.
Status: in_force

31-4332. Board attendance — Duties. A quorum of the board of the recreation district shall attend such hearing and explain the proposed budget and hear any and all objections thereto.

History:

[I.C., sec. 31-4332, as added by 1973, ch. 83, sec. 4, p. 132.]
Idaho Code § 31-4210 — Idaho Code / Title 31 / Chapter 42 / Section 31-4210
31-4210 COMMISSIONERS — APPOINTMENT — QUALIFICATIONS — TENURE.
Status: in_force

31-4210. Commissioners — Appointment — Qualifications — Tenure. When a governing body of a county adopts a resolution as aforesaid, it shall appoint five (5) or seven (7) persons as commissioners of the authority created for said county. Commissioners of the authority shall serve terms of five (5) years. If the governing body of a county appoints five (5) persons as commissioners of the authority, the commissioners who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4), and five (5) years, except that all vacancies shall be filled for the unexpired term. If the governing body of a county appoints seven (7) persons as commissioners of the authority, the commissioners who are first appointed shall be designated to serve terms as follows: one (1) commissioner for a one (1) year term, two (2) commissioners for two (2) year terms, two (2) commissioners for three (3) year terms, one (1) commissioner for a four (4) year term and one (1) commissioner for a five (5) year term, except that all vacancies shall be filled for the unexpired term. Upon resolution by a governing body of a county, after an authority has been created with either five (5) or seven (7) commissioners, the number of commissioners may be increased from five (5) to seven (7) or reduced from seven (7) to five (5). No commissioner of any authority may be an officer or employee of the county for which the authority is created. A commissioner shall hold office until his successor has been appointed and qualified. A certificate of appointment or reappointment of any commissioner shall be filed with the clerk and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. The service of a housing assistance recipient appointed as a commissioner pursuant to 42 U.S.C. section 1437(b) shall be contingent upon his continued receipt of housing assistance. A commissioner shall receive no compensation for his services for the authority in any capacity, but he shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of his duties.

The powers of each authority shall be vested in the commissioners. A majority of the appointed commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of a majority of the commissioners present. The bylaws of the authority shall designate which of the commissioners appointed shall be the first chairman and such chairman shall serve in the capacity of chairman until the expiration of his term of office as commissioner. When the office of the chairman of the authority thereafter becomes vacant, the commissioners shall select a chairman from their number, a vice chairman, and may employ a secretary, an executive director who shall serve as an at-will employee of the commissioners, technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. For such legal services as it may require, an authority may call upon the prosecuting attorney of the county or may employ its own counsel and legal staff. An authority may delegate to one (1) or more of its agents or employees such powers or duties as it may deem proper.

History:

[31-4210, added 1970, ch. 211, sec. 10, p. 584; am. 1998, ch. 367, sec. 3, p. 1149; am. 2001, ch. 257, sec. 1, p. 924.]
Idaho Code § 31-4318A — Idaho Code / Title 31 / Chapter 43 / Section 31-4318A
31-4318A FEE IN LIEU OF TAXES.
Status: in_force

31-4318A. Fee in lieu of taxes. (1) The board is empowered to impose and provide for the collection of a uniform fee from the residents of the district to provide funds for the uses and purposes of the district which would otherwise be derived from the tax levy authorized in section 31-4318, Idaho Code. Any fee imposed pursuant to this section shall be in lieu of and not in addition to the tax levy provided for in section 31-4318, Idaho Code.

(2) The fee shall be certified and collected in the same manner as the tax provided for in section 31-4318, Idaho Code, would be certified and collected.

History:

[31-4318A, added 1993, ch. 285, sec. 1, p. 973.]
Idaho Code § 31-5205 — Idaho Code / Title 31 / Chapter 52 / Section 31-5205
31-5205 VETO POWER.
Status: in_force

31-5205. Veto power. (1) The executive may sign or veto any ordinance or budget resolution adopted by the board of county commissioners. A veto by the executive may apply to all items or to any specific item of an ordinance or budget resolution appropriating money. Certification of a veto must be made by the executive within ten (10) days of the passage of the ordinance or budget resolution by the board of county commissioners. The board of county commissioners may override the veto by a two-thirds (2/3) vote of all its members called to a special session to consider the veto by a majority of its members.

(2) If the executive fails or refuses to sign any ordinance or budget resolution and return it with his written objections to the board of county commissioners within ten (10) days of the passage of the ordinance or resolution, it shall become law without his signature.

History:

[31-5205, added 1996, ch. 283, sec. 3, p. 925.]
Idaho Code § 31-3504 — Idaho Code / Title 31 / Chapter 35 / Section 31-3504
31-3504 JOINT COUNTY HOSPITALS.
Status: in_force

31-3504. Joint county hospitals. Recognizing the need of hospitals for the public welfare and the burden for one (1) county to finance the cost of such construction, operation and maintenance thereof within its own boundaries under certain circumstances, the county commissioners in their respective counties shall have the power to jointly and severally enter into contracts or agreements with one (1) or more adjoining counties to construct, operate and maintain joint county hospitals, either within or without the boundaries of such counties, upon a finding of each such county commissioners that there is a public necessity requiring the financing of such hospital facilities jointly with one (1) or more adjoining counties. The county commissioners shall have the same powers to operate, finance and bond for such joint county hospitals as they would have for a county hospital.

History:

[(31-3504) 31-3512, added 1974, ch. 302, sec. 12, p. 1769; am. 2010, ch. 273, sec. 22, p. 705; am. and redesig. 2022, ch. 318, sec. 33, p. 1021.]
Idaho Code § 31-2221 — Idaho Code / Title 31 / Chapter 22 / Section 31-2221
31-2221 ELISOR HAS POWERS OF SHERIFF.
Status: in_force

31-2221. Elisor has powers of sheriff. An elisor appointed to execute process and orders in the cases mentioned in this chapter, is invested with the powers, duties and responsibilities of the sheriff, in the execution of the process, or orders, and in every matter incidental thereto.

History:

[(31-2221) 1863, p. 475, sec. 60; R.S., sec. 1891; reen. R.C. & C.L., sec. 2043; C.S., sec. 3615; I.C.A., sec. 30-1721.]
Idaho Code § 31-4216 — Idaho Code / Title 31 / Chapter 42 / Section 31-4216
31-4216 BOND ISSUES.
Status: in_force

31-4216. Bond issues. An authority shall have power to issue bonds, from time to time, in its discretion, for any of its corporate purposes. An authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. In order to carry out the purposes of this chapter, an authority may issue, upon proper resolution, bonds on which the principal and interest are payable:

(a) Exclusively from the income and revenue of a housing project financed with the proceeds of such bonds; or

(b) Exclusively from such income and revenues together with grants and contributions from the federal government or other source in aid of such project; or

(c) From all or part of its revenues or assets generally.

Any such bonds may be additionally secured by a pledge of any income or revenues of the authority, or a mortgage of any housing project, projects or other property of the authority. Any pledge made by the authority shall be valid and binding from the time when the pledge is made and recorded; the revenues, moneys or property so pledged and thereafter received by the authority shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether the parties have notice thereof.

Neither the commissioners of any authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations of an authority shall state on their face that they shall not be a debt of the county, the state or any political subdivision thereof and neither the county, the state nor any political subdivision thereof shall be liable thereon, nor in any event shall such bonds or obligations be payable out of any funds other than those of said authority. Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from taxes.

History:

[31-4216, added 1970, ch. 211, sec. 16, p. 584; am. 2001, ch. 260, sec. 4, p. 940.]
Idaho Code § 31-868 — Idaho Code / Title 31 / Chapter 8 / Section 31-868
31-868 CONTRACTS FOR FIRE PROTECTION.
Status: in_force

31-868. Contracts for fire protection. The boards of county commissioners in their respective counties shall have the authority and power to enter into contracts with a city or a fire protection district for the provision of fire or life protection services, or both of them, in areas of the county not otherwise receiving fire or life protection.

History:

[31-868, added 1979, ch. 140, sec. 1, p. 437; am. 1985, ch. 178, sec. 1, p. 459.]
Idaho Code § 31-212 — Idaho Code / Title 31 / Chapter 2 / Section 31-212
31-212 CHANGING COUNTY BOUNDARIES.
Status: in_force

31-212. Changing county boundaries. Whenever the boards of county commissioners of affected counties have by joint ordinance provided that a part of an affected county be stricken off from said county and annexed to an adjoining affected county, the provisions of the constitution being complied with, the qualified electors who have resided ninety (90) days next preceding the first general election after the passage of this chapter within the boundary lines of the territory stricken off and annexed, shall be permitted to vote at said general election, for or against said annexation. If a majority of said electors voting at said election vote in favor of annexation, said territory is then stricken off and annexed, as provided in this chapter: provided, that all the requirements of the constitution have been complied with. If such annexation and change of county boundaries occur, the legislature, at its next regular session, shall redefine the boundaries of the affected counties as set forth in the Idaho Code to conform therewith. The county recorder of the county from which the territory is to be detached may have clearly reproduced by photographing or filming in accordance with the provisions of sections 9-328, 9-329, and 9-330, Idaho Code, into permanent records, all instruments, papers and other matters and things relating to or affecting real property in the territory being detached and annexed. When the costs have been determined for the transcribing and indexing of all instruments, documents, records, maps, papers, and all other matters relating to or affecting the property in the territory to be annexed, which must be transferred to the annexing county, and the copying and preparing for transfer of all pleadings, court records, and other papers in all court actions and court proceedings to be transferred to the annexing county, the board of county commissioners of the county annexing the detached territory shall cause county warrants to be drawn to pay all such costs; said warrants so drawn shall be paid by a tax to be assessed upon all property within the territory being annexed.

History:

[(31-212) 1890-1891, p. 57, sec. 129; reen. 1899, p. 33, sec. 116; am. R.C. & C.L., sec. 477; C.S., sec. 661; I.C.A., sec. 30-212; am. 1949, ch. 56, sec. 1, p. 100; am. 1955, ch. 106, sec. 1, p. 230; am. 2022, ch. 111, sec. 14, p. 377.]
Idaho Code § 31-1415 — Idaho Code / Title 31 / Chapter 14 / Section 31-1415
31-1415 ORGANIZATION OF BOARD — MEETINGS — OFFICERS — OFFICIAL BONDS.
Status: in_force

31-1415. Organization of board — Meetings — Officers — Official bonds. Immediately after qualifying, the board of fire protection 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 during 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.

As soon as practicable after the organization of the first board of fire protection commissioners, and thereafter when deemed expedient or necessary, such 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, 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 fire protection districts shall meet the financial audit filing requirements as provided in section 67-450B, Idaho Code. All meetings of fire protection boards shall be noticed and run in accordance with the open meeting law provided for in chapter 2, title 74, Idaho Code, inclusive. All records of fire protection 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.

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 fire protection board but in no case less than ten thousand dollars ($10,000).

History:

[(31-1415) 31-1413, added 1943, ch. 161, sec. 13, p. 324; am. 1982, ch. 331, sec. 1, p. 838; am. and redesig. 2006, ch. 318, sec. 12, p. 1000; am. 2015, ch. 141, sec. 54, p. 419.]
Idaho Code § 31-5508 — Idaho Code / Title 31 / Chapter 55 / Section 31-5508
31-5508 COUNTY ASSESSOR.
Status: in_force

31-5508. County assessor. For purposes of this act, the duties of the county assessor shall be as provided in title 63, Idaho Code, and as otherwise prescribed by law. A county assessor:

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

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

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

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

History:

[31-5508, added 1996, ch. 283, sec. 6, p. 939; am. 1996, ch. 326, sec. 2, p. 1113.]
Idaho Code § 31-209 — Idaho Code / Title 31 / Chapter 2 / Section 31-209
31-209 CHALLENGING VOTERS.
Status: in_force

31-209. Challenging voters. Any person who offers to vote on the question of the removal of the county seat may be challenged by any person and for any of the reasons allowed for other challenges, and the rules provided for other challenges shall apply to such challenges.

History:

[(31-209) 1890-1891, p. 57, sec. 126; reen. 1899, p. 33, sec. 113; reen. R.C. & C.L., sec. 474; C.S., sec. 658; I.C.A., sec. 30-209.]
Idaho Code § 31-1004 — Idaho Code / Title 31 / Chapter 10 / Section 31-1004
31-1004 STATUTES GOVERNING ELECTION AND BOND ISSUE.
Status: in_force

31-1004. Statutes governing election and bond issue. The board shall be governed in calling and holding said election, and in the issuance and sale of said bonds, and in providing for the payment of the interest thereon, and for their redemption, by the provisions of sections 31-1901 through 31-1909, Idaho Code.

History:

[(31-1004) 1905, p. 73, sec. 2; am. R.C., sec. 1934; compiled and reen. C.L., sec. 1934; C.S., sec. 3466; I.C.A., sec. 30-804; am. 2022, ch. 111, sec. 15, p. 378.]
Idaho Code § 31-140 — Idaho Code / Title 31 / Chapter 1 / Section 31-140
31-140 PAYETTE COUNTY.
Status: in_force

31-140. Payette county. Payette county is described as follows: beginning at the intersection of the north line of township nine (9) north, range five (5) west, with the west line of the state of Idaho, said intersection being the southwest corner of Washington county;

Northern boundary. Thence east a distance of twenty-two (22) miles, more or less, to the northwest corner of section three (3), township nine (9) north, range one (1) west;

Eastern boundary. Thence south on section line six (6) miles, to the southeast corner of section thirty-three (33), said township and range; thence west on the township line between townships eight (8) and nine (9) north, 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;

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

Western boundary. Thence in a northerly direction, following the said west boundary line of the state of Idaho, to the point of beginning.

County seat–Payette.

History:

[(31-140) Compiled and reen. C.L. 3:37; C.S., sec. 44; I.C.A., sec. 30-140.]
Idaho Code § 31-3506 — Idaho Code / Title 31 / Chapter 35 / Section 31-3506
31-3506 INTERNAL MANAGEMENT — ACCOUNTS AND REPORTS.
Status: in_force

31-3506. Internal management — Accounts and reports. Such facilities as referred to in section 31-3503, Idaho Code, may suitably provide for and accept other patients and must charge and accept payments from such other patients as are able to make payments for services rendered and care given. The county commissioners may make suitable rules and regulations for the management and operation of such property by a suitable board of control, or otherwise, or for carrying out such hospital uses and purposes under a lease of the same.

The boards or officers or lessees of such hospital property shall render accounts and reports to the county commissioners as may be required by the county commissioners; and shall render accounts and deliver over any and all moneys received by them for the county to the county treasurer to be credited to the operation expense of hospitals and indigent sick and otherwise dependent poor of the county in such manner as provided by law for the handling of funds of this kind.

Said board of control may permit persons from out of the county where such hospital is located to be admitted for hospitalization to such hospital. As to such cases special rates for the use and service of such hospital may be provided which rates shall apply equally to all such patients who do not pay taxes within the county where such hospital is located. The purpose of providing such special rates shall be to compel persons living out of the county where such hospital is located, and who receive hospitalization in such hospital, to bear a just burden of the cost of construction and maintenance of such hospital.

History:

[(31-3506) 31-3514, added 1974, ch. 302, sec. 12, p. 1769; am. 1980, ch. 185, sec. 5, p. 412; am. 1982, ch. 340, sec. 10, p. 856; am. 1989, ch. 193, sec. 5, p. 478; am. 1993, ch. 112, sec. 4, p. 286; am. 2010, ch. 273, sec. 24, p. 706; am. and redesig. 2022, ch. 318, sec. 35, p. 1023.]
Idaho Code § 31-3618 — Idaho Code / Title 31 / Chapter 36 / Section 31-3618
31-3618 EXISTING STATUTES NOT AFFECTED.
Status: in_force

31-3618. Existing statutes not affected. This act is not intended and shall not be construed to repeal or amend existing statutes providing for other method or methods of operating county hospitals, but is intended to afford an optional means by which any county may, if it so chooses, by action of its board of county commissioners creating and appointing a county hospital board, operate its hospital properties under such county hospital board as provided in this act.

History:

[31-3618, added 1946 (1st E.S.), ch. 38, sec. 18, p. 75.]
Idaho Code § 31-2418 — Idaho Code / Title 31 / Chapter 24 / Section 31-2418
31-2418 FEES TO BE PREPAID.
Status: in_force

31-2418. Fees to be prepaid. The county recorder is not bound to record any instrument or file any paper or notice, or furnish any copies, or to render any service connected with his office, until the fees for the same, as prescribed by law, are, if demanded, paid or tendered.

History:

[(31-2418) 1863, p. 475, sec. 84; R.S., sec. 2034; reen. R.C. & C.L., sec. 2077; C.S., sec. 3650; I.C.A., sec. 30-1918; am. 1989, ch. 90, sec. 10, p. 214.]
Idaho Code § 31-1431 — Idaho Code / Title 31 / Chapter 14 / Section 31-1431
31-1431 CONTRACTS BETWEEN FIRE PROTECTION DISTRICTS AND INDIVIDUAL PROPERTY OWNERS OUTSIDE OF DISTRICT.
Status: in_force

31-1431. Contracts between fire protection districts and individual property owners outside of district. Fire protection districts subject to the conditions hereinafter set forth may, pursuant to the discretion of the fire protection board, contract with individual property owners whose property is situated outside of the external boundaries of the fire protection district within the state of Idaho or within any neighboring state to provide for the same measure of fire protection to such contracting property owner as is provided to property owners within the boundaries of such contracting fire protection districts. All such contracts shall be for a term of one (1) year and shall commence at 12:01 a.m. on January 1 of such year and expire at 12 midnight on December 31 of such year. Contracts shall provide for a monetary consideration to be paid in advance by such property owner and the monetary consideration shall be based upon the cost of providing such service to such property owner, including, but not limited to, covering the district's administrative and contract preparation costs, including legal fees for preparation and review of the contracts, and shall also take into consideration the distance between such property and the fire station or other facility wherein the firefighting equipment of such fire protection district is kept. Monetary consideration shall in no event be less than the amount that would have been paid in taxes that would have been levied and assessed under the provisions of this chapter, if such property had been included within the boundaries of said fire protection district. The power herein granted is subject to the limitation that no such contract may be entered into with any property owner whose house and outbuildings are situate further distant from the firehouse or other facility wherein such district's fire protection equipment is kept than the point on the external boundary of such district that is furthest distant from the firehouse or other facility wherein such district's fire protection equipment is kept. Provided further, however, that all of the contiguous lands of any contracting property owner must be included in said contract unless a portion of such property owner's lands are further distant from the firehouse where such district's firefighting equipment is kept than the point on the external boundary of such fire protection district that is furthest distant from the firehouse, in which case such portion of said lands must be excluded. For the purpose of determining value of eligible property situate outside the state of Idaho, the board of commissioners of such fire protection district shall determine as nearly as possible what the assessed value of such lands outside the state of Idaho would be if the same were situate within the state of Idaho.

History:

[(31-1431) 31-1430B, as added by 1973, ch. 54, sec. 1, p. 88; am. and redesig. 2006, ch. 318, sec. 31, p. 1009.]
Idaho Code § 31-856 — Idaho Code / Title 31 / Chapter 8 / Section 31-856
31-856 MIGRATORY LABOR HOUSING — COOPERATION WITH FEDERAL GOVERNMENT.
Status: in_force

31-856. Migratory labor housing — Cooperation with federal government. The county commissioners may cooperate in any plan providing for the furnishing of housing, lands, labor and material and other assistance in the program sponsored by the United States of America pertaining to migratory labor by making agreements with the United States of America through the United States Department of Agriculture, its cooperating agencies, or any other agency of the United States of America, with reference to providing facilities, labor, materials or funds to carry forward said program.

History:

[31-856, added 1947, ch. 144, sec. 1, p. 348.]
Idaho Code § 31-117 — Idaho Code / Title 31 / Chapter 1 / Section 31-117
31-117 CARIBOU COUNTY.
Status: in_force

31-117. Caribou county. Caribou county is described as follows: commencing at the northwest corner of township five (5) south, range thirty-nine (39) east of Boise meridian;

Northern boundary. Thence east along the township line between townships four (4) and five (5) south, Boise meridian, to the northeast corner of township five (5) south, range forty-six (46) east, Boise meridian, or to the Wyoming and Idaho state line;

Eastern boundary. Thence south along the Idaho and Wyoming state line to the corner of Bear Lake and Bannock counties;

Southern boundary. Thence in a westerly direction along the line between Bear Lake and Bannock counties to the southwest corner of township nine (9) south, range forty-two (42) east, Boise meridian; thence west along township line between nine (9) and ten (10) south, range forty-one (41) east, to the southwest corner of section thirty-two (32), township nine (9) south, range forty-one (41) east, Boise meridian;

Western boundary. Thence north three (3) miles along section line to the northwest corner of section twenty (20), township nine (9) south, range forty-one (41) east, thence west one (1) mile to the southwest corner of section eighteen (18), township nine (9) south, range forty-one (41) east; thence north nine (9) miles to the northwest corner of section six (6), township eight (8) south, range forty-one (41) east, thence west four (4) miles to the southwest corner of section thirty-three (33), township seven (7) south, range forty (40) east; thence north six (6) miles more or less to the northwest corner of section four (4), township seven (7) south, range forty (40) east; thence west along the line of first standard parallel one and one-half (1 1/2) miles to the southwest corner of section thirty-one (31), township six (6) south, range forty (40) east; thence north six (6) miles to the northwest corner of township six (6) south, range forty (40) east; thence west six (6) miles to the southwest corner of township five (5) south, range thirty-nine (39) east; thence north six (6) miles to place of beginning.

County seat–Soda Springs.

History:

[(31-117) 1919, ch. 5, secs. 2, 5, p. 23; C.S., sec. 21; I.C.A., sec. 30-117.]
Idaho Code § 31-1607 — Idaho Code / Title 31 / Chapter 16 / Section 31-1607
31-1607 EXPENDITURES FINANCED BY BOND ISSUE — EXPENDITURES IN EXCESS OF APPROPRIATIONS — LIABILITY OF OFFICERS.
Status: in_force

31-1607. Expenditures financed by bond issue — Expenditures in excess of appropriations — Liability of officers. Where any budget shall contain an expenditure program to be financed from a bond issue to be authorized thereafter, no such expenditures shall be made or incurred until such bonds have been duly authorized and the proceeds therefrom are available.

Expenditures made, liabilities incurred or warrants issued in excess of any of the budget appropriations or as revised by transfer as herein provided, shall not be a liability of the county, but the official making or incurring such liability, expenditure, or issuing such warrant shall be liable therefor personally and upon his official bond, as is hereinafter provided. The county auditor shall issue no warrant and the county commissioners shall approve no claim for any expenditure in excess of said budget appropriations or as revised under the provisions hereof, except upon an order of a court of competent jurisdiction, or for emergencies as hereinafter provided. Any county officer creating any liability or any county commissioner or commissioners, or county auditor approving any claim or issuing any warrant in excess of any such budget appropriation, except as above provided, shall be liable to the county for the amount of such claim or warrant which amount shall be recovered by action against such county official, elective or appointive, county commissioner or commissioners or auditor, or all of them and their several sureties on their official bonds. It shall be the duty of the prosecuting attorney of such county to bring such action in the name of said county in any court of competent jurisdiction; provided, that no action shall be maintained or prosecuted for any liability heretofore or hereafter incurred under the provisions of chapter 232 of the Idaho Session Laws, 1927, as amended by chapter 138 of the Idaho Session Laws, 1929, upon any state of facts which will not support an action under the provisions of this act.

History:

[(31-1607) 1931, ch. 122, sec. 7, p. 210; I.C.A., sec. 30-1207.]
Idaho Code § 31-818 — Idaho Code / Title 31 / Chapter 8 / Section 31-818
31-818 AUTHORITY TO APPOINT ADMINISTRATIVE ASSISTANTS AND STAFF — COUNTY COMMISSIONER AS ADMINISTRATOR MAY BE APPOINTED.
Status: in_force

31-818. Authority to appoint administrative assistants and staff — County commissioner as administrator may be appointed. (1) The board of county commissioners shall be empowered to employ assistants, including administrative assistants, and clerical staff to aid them in fulfilling their duties.

(2) The board may appoint a member of the board of county commissioners to act as administrator. A county commissioner appointed as administrator under this subsection shall have and exercise only those administrative powers and duties as may be and are assigned by the board of county commissioners by ordinance or resolution. The provisions of chapters 50 through 57, title 31, Idaho Code, shall not apply to the appointment of a county commissioner as administrator under this subsection.

History:

[(31-818) R.S., sec. 1759; R.C., sec. 1917r, as added by 1913, ch. 143, sec. 2, p. 508; reen. C.L., sec. 1917r; C.S., sec. 3433; I.C.A., sec. 30-724; am. 1989, ch. 73, sec. 11, p. 123; am. 1996, ch. 283, sec. 10, p. 948.]
Idaho Code § 31-4810 — Idaho Code / Title 31 / Chapter 48 / Section 31-4810
31-4810 EXISTING JOINT COUNTY-WIDE EMERGENCY DISPATCH SYSTEMS NOT AFFECTED.
Status: in_force

31-4810. Existing joint county-wide emergency dispatch systems not affected. Joint county-wide emergency dispatch systems that are in existence prior to July 1, 1987, shall not be affected by the provisions of this chapter. These emergency dispatch systems may continue to function as they have and shall be eligible to receive revenues generated by this chapter.

History:

[31-4810, added 1988, ch. 348, sec. 1, p. 1030.]
Idaho Code § 31-1408 — Idaho Code / Title 31 / Chapter 14 / Section 31-1408
31-1408 FIRE PROTECTION BOARD — APPOINTMENT OF COMMISSIONERS — OATH.
Status: in_force

31-1408. Fire protection board — Appointment of commissioners — Oath. (1) There shall be three (3) fire protection commissioners in each district, who shall constitute the fire protection board. The first fire protection commissioners of such fire protection district shall be appointed by the board of county commissioners. If the district is to be situated in two (2) or more counties, the boards of county commissioners from those counties shall coordinate a joint public meeting whereby the appointment shall be made by a majority of all county commissioners present at the joint public meeting. If the county commissioners cannot agree on the appointment of a commissioner, all the interested persons who received the highest and equal number of votes shall have their names placed in a container. The county commissioner with the most continuous length of service shall draw one (1) name from the container. The person whose name is drawn shall then be appointed to fill the vacancy. The certificate of such appointment shall be made in triplicate: one (1) certificate shall be filed in the office of the county recorder of the county, one (1) with the clerk of the board of county commissioners, and one (1) with the assessor and tax collector of the county. Every fire protection commissioner and appointed officer shall take and subscribe the official oath, which oath shall be filed in the office of the board of fire protection commissioners. If thirty-three percent (33%) of the area or population in the fire protection district is situated in two (2) or more counties, not more than two (2) of the appointed fire protection district commissioners shall be from the same county.

(2) The oath of office of fire protection commissioners and appointed officers shall be taken before the secretary or the president of the board of the fire protection district at the first regularly scheduled board meeting in January succeeding each election. Provided however, in the event of an inability to appear for the taking of the oath, a duly elected fire protection commissioner may be sworn in and may subscribe to the oath wherever he may be, provided he appear before an officer duly authorized to administer oaths, and provided further that any person who is in any branch of the armed forces of the United States of America may appear before any person qualified to administer oaths as prescribed in section 51-113, Idaho Code, and may take and subscribe the oath of office as provided for in section 59-401, Idaho Code, and the oath of office shall have the same force and effect as though it were taken before the secretary or the president of the fire protection district pursuant to this subsection.

History:

[31-1408, added 1943, ch. 161, sec. 8, p. 324; am. 1986, ch. 137, sec. 6, p. 370; am. 1998, ch. 190, sec. 1, p. 692; am. 2006, ch. 318, sec. 4, p. 992; am. 2010, ch. 337, sec. 1, p. 891; am. 2016, ch. 89, sec. 1, p. 275; am. 2017, ch. 128, sec. 3, p. 299; am. 2017, ch. 192, sec. 12, p. 457.]
Idaho Code § 31-811 — Idaho Code / Title 31 / Chapter 8 / Section 31-811
31-811 LEVY OF TAXES.
Status: in_force

31-811. Levy of taxes. To levy such tax annually on the taxable property of the county as may be necessary not exceeding the amount authorized by law; and to levy such taxes as are required to be levied by special or local statutes.

History:

[(31-811) R.S., sec. 1759; R.C., sec. 1917k, as added by 1913, ch. 143, sec. 2, p. 507; reen. C.L., sec. 1917k; C.S., sec. 3426; I.C.A., sec. 30-717; am. 1989, ch. 73, sec. 7, p. 122.]
Idaho Code § 31-3508 — Idaho Code / Title 31 / Chapter 35 / Section 31-3508
31-3508 CONVEYANCE, LEASE OF COUNTY HOSPITAL TO NONPROFIT CORPORATION.
Status: in_force

31-3508. Conveyance, lease of county hospital to nonprofit corporation. (1) As an alternative to the procedure set forth in section 31-3507, Idaho Code, counties acting through their respective county commissioners may convey or lease county hospitals, and the equipment therein, subject to the following conditions:

(a) The entity to which the hospital is to be transferred shall be a nonprofit corporation;

(b) No lease term shall exceed ninety-nine (99) years. This subsection supersedes that part of section 31-836, Idaho Code, which is inconsistent herewith;

(c) The governing body of the nonprofit corporation must be composed initially of the incumbent members of the board of hospital trustees, as individuals. The articles of incorporation must provide for a membership of the corporation which is:

(i) Broadly representative of the public and includes residents of each incorporated city in the county and of the unincorporated area of the county; or

(ii) A single nonprofit corporate member having articles of incorporation which provide for a membership of that corporation which is broadly representative of the public and includes residents of each incorporated city in the county and of the unincorporated area of the county.

The articles must further provide for the selection of the governing body by the membership of the corporation, or exclusively by a parent corporation which is the corporate member, with voting power, and not by the governing body itself, except to fill a vacancy for the unexpired term. The articles must further provide that no member of the governing body shall serve more than two (2) consecutive three (3) year terms.

(d) The nonprofit corporation must provide care for indigent patients, and receive any person falling sick or maimed within the county.

(e) The transfer agreement must provide for the transfer of patients, staff and employees, and for the continuing administration of any trusts or bequests or maintenance of records pertaining to the existing public hospital.

(f) The transfer or lease agreement shall provide for a transfer or lease price which shall be either of the following:

(i) The acceptance of all assets and assumption of all liabilities; or

(ii) Such other price as the commissioners and the nonprofit corporation may agree.

(2) If any hospital which has been conveyed pursuant to this section ceases to be used as a nonprofit hospital, unless the premises so conveyed are sold and the proceeds used to erect or enlarge another nonprofit hospital for the county, the hospital so conveyed reverts to the ownership of the county. If any hospital which has been leased pursuant to this section ceases to be used as a nonprofit hospital, the lease shall terminate.

(3) The provisions of section 31-808, Idaho Code, with respect to the sale and disposition of real and personal property owned by the county, shall not apply to transactions covered by section 31-3507, Idaho Code, and this section.

History:

[(31-3508) 31-3515A, added 1986, ch. 240, sec. 1, p. 652; am. 2010, ch. 273, sec. 26, p. 707; am. and redesig. 2022, ch. 318, sec. 37, p. 1023.]
Idaho Code § 31-1509 — Idaho Code / Title 31 / Chapter 15 / Section 31-1509
31-1509 ACCOUNTING SYSTEM.
Status: in_force

31-1509. Accounting system. The system for accounting of receipts, expenditures, and reporting in each county shall meet the criteria of generally accepted accounting principles or the governmental accounting standards board and as the same may be hereafter amended and revised and, upon notification by the state controller, shall conform to the provisions of the uniform accounting manual for local governmental entities as authorized by section 67-1075, Idaho Code.

History:

[31-1509, added 1995, ch. 61, sec. 14, p. 139; am. 2021, ch. 89, sec. 7, p. 304.]
Idaho Code § 31-3704 — Idaho Code / Title 31 / Chapter 37 / Section 31-3704
31-3704 HOSPITAL BOARD.
Status: in_force

31-3704. Hospital board. The management and operation of any hospital which is jointly owned by any county and city in this state may, by resolution of the board of county commissioners of such county and the city council of such city in all cases where both county and city are engaged in the joint operation of such hospital, and in other cases by resolution of either the board of commissioners of the county or the council of the city which is operating such hospital, be delegated to and vested in a board composed of five (5) electors of such county, to be known and designated as the "Hospital Board of ………. County."

The management and operation of any hospital or hospitals jointly owned or jointly operated by a joint county-city hospital authority shall be vested in a board of trustees consisting of not less than five (5) nor more than ten (10) members, as shall be specified in the agreement between the county and city creating such joint county-city hospital authority, which board of trustees shall be appointed and shall be subject to removal in the manner set forth in section 31-3705, Idaho Code.

History:

[31-3704, added 1935, ch. 125, sec. 1, p. 293; am. 1995, ch. 221, sec. 2, p. 766.]
Idaho Code § 31-4224 — Idaho Code / Title 31 / Chapter 42 / Section 31-4224
31-4224 LIMITATIONS ON POWER OF AUTHORITY.
Status: in_force

31-4224. Limitations on power of authority. Nothing in this chapter or any other law shall be construed as authorizing a housing authority to levy or collect taxes or assessments, to create any indebtedness payable out of taxes or assessments, or in any manner to pledge the credit of the county, the state or any subdivision thereof.

History:

[31-4224, added 1970, ch. 211, sec. 24, p. 584; am. 2001, ch. 260, sec. 6, p. 942.]
Idaho Code § 31-826 — Idaho Code / Title 31 / Chapter 8 / Section 31-826
31-826 COOPERATION WITH AGRICULTURAL EXTENSION WORK.
Status: in_force

31-826. Cooperation with agricultural extension work. To appropriate funds for demonstration work in agriculture and home economics within said counties for the employment of a county agent or county agents in cooperation with the University of Idaho and the United States department of agriculture, in accordance with the terms and conditions of the act of congress approved May 8, 1914, 38 Stat. L. 372, ch. 79, commonly known as the Smith-Lever Act, the provisions of which have been accepted by the state of Idaho.

History:

[(31-826) 1917, ch. 157, sec. 1, p. 483; compiled and reen. C.L., sec. 1917z; C.S., sec. 3441; I.C.A., sec. 30-732.]
Idaho Code § 31-5401 — Idaho Code / Title 31 / Chapter 54 / Section 31-5401
31-5401 THREE-MEMBER BOARD OF COUNTY COMMISSIONERS WITH CHANGES IN OTHER OFFICES.
Status: in_force

31-5401. Three-member board of county commissioners with changes in other offices. The form of government provided in this chapter shall consist of an elected board of county commissioners comprised of three (3) members and the other officers specified in the resolution or petition from the choices provided in sections 31-5404 through 31-5409, Idaho Code.

History:

[31-5401, added 1996, ch. 283, sec. 5, p. 933.]
Idaho Code § 31-3214 — Idaho Code / Title 31 / Chapter 32 / Section 31-3214
31-3214 TABLE OF FEES — OFFICERS TO PUBLISH — PENALTY FOR NEGLECT.
Status: in_force

31-3214. Table of fees — Officers to publish — Penalty for neglect. Every officer whose fees are herein ascertained must publish and set up in his office fair tables of his fees, according to this title, within one (1) month after he enters upon the duties of his office, in some conspicuous place, for inspection of all persons who have business in his office, upon pain of forfeiting for each day a sum not exceeding twenty dollars ($20.00), which may be recovered by any person by action before any justice of the peace of the same county, with costs.

History:

[(31-3214) R.S., sec. 2139; reen. R.C. & C.L., sec. 2130; C.S., sec. 3715; I.C.A., sec. 30-2714.]
Idaho Code § 31-2113 — Idaho Code / Title 31 / Chapter 21 / Section 31-2113
31-2113 QUARTERLY REPORT.
Status: in_force

31-2113. Quarterly report. Each county treasurer must make a detailed report at every regular meeting of the board of commissioners of his county, of all moneys received by him and the disbursement thereof, and of all debts due to and from county, and of all other proceedings in his office, so that the receipts into the treasury and the amount of disbursements, together with the debts due to and from the county may clearly and distinctly appear.

History:

[(31-2113) R.S., sec. 1851; reen. R.C. & C.L., sec. 2002; C.S., sec. 3574; I.C.A., sec. 30-1613.]
Idaho Code § 31-2115 — Idaho Code / Title 31 / Chapter 21 / Section 31-2115
31-2115 ACTION AGAINST DEFAULTING PROSECUTING ATTORNEY.
Status: in_force

31-2115. Action against defaulting prosecuting attorney. If the prosecuting attorney refuses or neglects to account for and pay over money received by him as required by law, the county treasurer must bring an action against him for the recovery thereof in the name of the county, and may recover, in such action, in addition to the amount so received, fifty per cent (50%) thereon by way of damages.

History:

[(31-2115) R.S., sec. 1853; am. and reen. R.C. & C.L., sec. 2004; C.S., sec. 3576; I.C.A., sec. 30-1615.]
Idaho Code § 31-4804A — Idaho Code / Title 31 / Chapter 48 / Section 31-4804A
31-4804A ESTABLISHMENT OF ENHANCED CONSOLIDATED EMERGENCY COMMUNICATIONS SYSTEMS OR NEXT GENERATION CONSOLIDATED EMERGENCY SYSTEMS.
Status: in_force

31-4804A. Establishment of enhanced consolidated emergency communications systems or next generation consolidated emergency systems. (1) Any county or 911 service area that has established a basic consolidated emergency system may establish an enhanced consolidated emergency system or next generation consolidated emergency system by action of the governing board of the basic consolidated emergency system.

(2) The governing boards establishing enhanced consolidated emergency systems or next generation consolidated emergency systems shall request that wireless carriers serving such counties or 911 service areas collectively implement an enhanced consolidated emergency communications system within a reasonable time. When so requested, all wireless carriers serving such counties or 911 service areas shall implement enhanced consolidated emergency communications systems or next generation consolidated emergency systems within a reasonable time. The governing boards and wireless carriers shall enter into agreements that:

(a) Establish the scope and purpose of the proposed enhanced consolidated emergency communications systems and next generation consolidated emergency systems.

(b) Provide for an agreed-to level of reimbursement for telecommunications providers for the costs of wireless carriers resulting from their implementation and operation of enhanced emergency communications systems or next generation consolidated emergency systems that may include the acquisition, construction, financing, installation and operation of all equipment and facilities necessary to implement such systems.

(c) Provide that the agreed-to level of reimbursement for telecommunications providers for enhanced 911 service may include the costs and expenses incurred for designing, upgrading, purchasing, leasing, programming, installing, testing, or maintaining all necessary data, hardware and software required in order to provide such service as well as the recurring and nonrecurring costs of operating such service. All costs and expenses must be commercially reasonable.

(d) Provide that reimbursement to a telecommunications provider shall be nondiscriminatory and be made available to all other telecommunications providers.

Agreements shall provide for prompt reimbursement on invoices submitted by wireless carriers to the governing board.

History:

[31-4804A, added 2003, ch. 290, sec. 5, p. 789; am. 2016, ch. 127, sec. 4, p. 368.]
Idaho Code § 31-3108 — Idaho Code / Title 31 / Chapter 31 / Section 31-3108
31-3108 COUNTIES ORGANIZED IN THE FUTURE.
Status: in_force

31-3108. Counties organized in the future. Counties created or organized hereafter shall be governed by the provisions hereof, and the boards of county commissioners of such newly-created organized counties shall respectively fix and determine at their first meeting the salaries to be paid the several county officers as herein provided for.

History:

[(31-3108) 1899, p. 405, sec. 5; am. and reen. R.C. & C.L., sec. 2120; C.S., sec. 3701; I.C.A., sec. 30-2608.]
Idaho Code § 31-3920 — Idaho Code / Title 31 / Chapter 39 / Section 31-3920
31-3920 INCLUSION, ANNEXATION, OR WITHDRAWAL OF AREA IN CITIES WITHIN AN AMBULANCE SERVICE DISTRICT.
Status: in_force

31-3920. Inclusion, annexation, or withdrawal of area in cities within an ambulance service district. Except as otherwise provided in section 50-224, Idaho Code, any area embraced within the limits of any city may, with the consent of the governing boards of such city and the respective ambulance service district, expressed by ordinance or resolution, be included within the limits of an ambulance service district, when formed, or be subsequently annexed thereto. Any area in any city embraced within the limits of an ambulance service district shall, upon the consent of the governing boards of such city and ambulance service district, expressed by ordinance or resolution, be withdrawn from such ambulance service district.

History:

[31-3920, added 2020, ch. 209, sec. 18, p. 614.]
Idaho Code § 31-3909 — Idaho Code / Title 31 / Chapter 39 / Section 31-3909
31-3909 IMMUNITY OF AMBULANCE ATTENDANT.
Status: in_force

31-3909. Immunity of ambulance attendant. No action shall lie or be maintained for civil damages in any court of this state against any person or persons, or group of persons, including ambulance attendants employed by an ambulance service district, who offers and administers first aid, emergency medical attention or community health emergency medical services as a part of his normal duty as an ambulance attendant to any person or persons utilizing the services and facilities of an ambulance service district, unless it can be shown that the person or persons offering or administering first aid or emergency medical attention is guilty of gross negligence in the care or treatment offered or administered, or has treated them in a grossly negligent manner. The immunity described herein shall cease upon delivery of the injured or treated person to either a generally recognized hospital for treatment of ill or injured persons, or upon assumption of treatment in the office or facility of any person undertaking to treat said ill or injured person or persons.

History:

[31-3909, added 1976, ch. 289, sec. 3, p. 998; am. 2015, ch. 157, sec. 2, p. 550.]
Idaho Code § 31-4512 — Idaho Code / Title 31 / Chapter 45 / Section 31-4512
31-4512 BONDS ELIGIBLE FOR INVESTMENT.
Status: in_force

31-4512. Bonds eligible for investment. The state and all counties and cities and other municipal corporations, political subdivisions and public bodies, and public officers of any thereof, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, insurance companies and associations, and all executors, administrators, guardians, trustees and other fiduciaries may legally invest any sinking funds, monies or other funds belonging to them or within their control in any revenue bonds issued pursuant to this act.

History:

[31-4512, added 1975, ch. 52, sec. 12, p. 105.]
Idaho Code § 31-3904 — Idaho Code / Title 31 / Chapter 39 / Section 31-3904
31-3904 AMBULANCE SERVICE — FEES.
Status: in_force

31-3904. Ambulance service — Fees. (1) The board of county commissioners shall adopt a schedule of fees to be charged for the use of ambulance service provided under the authority of section 31-3901, Idaho Code. All such fees shall be collected, accounted for and paid to the county treasurer for deposit in the ambulance service fund and shall be used to pay expenses as incurred in the maintenance and operation of said ambulance service.

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

History:

[31-3904, added 1963, ch. 278, sec. 4, p. 712; am. 2020, ch. 209, sec. 4, p. 604.]
Idaho Code § 31-3610 — Idaho Code / Title 31 / Chapter 36 / Section 31-3610
31-3610 RULES AND REGULATIONS FOR OPERATION OF HOSPITAL PROPERTY — HOSPITAL STAFF.
Status: in_force

31-3610. Rules and regulations for operation of hospital property — Hospital staff. The county hospital board shall have power to formulate and adopt such rules and regulations for the conduct and operation of the hospital property as it may deem necessary or convenient for the efficient, economical and successful operation thereof, and which rules and regulations when approved by the board of county commissioners shall be in full force and effect. It shall be the duty of the county hospital board to formulate and adopt such changes, additions, modifications and rescissions of the rules and regulations as it may find or deem necessary or convenient for the efficient, economical and successful operation of the hospital property, which changes, additions, modifications and rescissions when approved by the board of county commissioners shall be in full force and effect.

Such rules and regulations may, as a part thereof, establish a standard or standards upon which persons will be admitted to the hospital staff of physicians and surgeons; provide procedure and requirements for application and admission to such staff; provide procedure and causes for the removal of any person or persons from such staff; provide for the making of, inspection, study and review of reports upon cases which are or have been in the hospital property; and any and all such other matters and things as may be required to bring and keep the hospital property and its operations to the standard required for accrediting and acceptance under the hospital licensure requirements of the state of Idaho and, if the board deems it appropriate, under accreditation standards of the joint commission on the accreditation of hospitals.

History:

[31-3610, added 1946 (1st E.S.), ch. 38, sec. 10, p. 75; am. 1982, ch. 340, sec. 7, p. 855.]
Idaho Code § 31-2202 — Idaho Code / Title 31 / Chapter 22 / Section 31-2202
31-2202 DUTIES OF SHERIFF.
Status: in_force

31-2202. Duties of sheriff. The policy of the state of Idaho is that the primary duty of enforcing all penal provisions and statutes of the state is vested with the sheriff of each county as provided in section 31-2227, Idaho Code. The sheriff shall perform the following:

(1) Preserve the peace.

(2) Arrest and take before the nearest magistrate for examination all persons who attempt to commit or who have committed a public offense, unless otherwise provided by law.

(3) Prevent and suppress all affrays, breaches of the peace, riots and insurrections that may come to his knowledge.

(4) Attend all courts, including magistrate's division of the district court when ordered by a district judge, at their respective terms held within his county and obey the lawful orders and directions of the courts.

(5) Command the aid of as many inhabitants of the county as he may think necessary in the execution of these duties.

(6) Take charge of and keep the county jail and the prisoners therein.

(7) Indorse upon all process and notices the year, month, day, hour and minute of reception, and issue therefor to the person delivering it, on payment of fees, a certificate showing the names of the parties, title of paper and time of reception.

(8) Serve all process and notices in the manner prescribed by law.

(9) Certify under his hand upon process or notices the manner and time of service, or, if he fails to make service, the reasons of his failure, and return the same without delay.

(10) Perform such other duties as are required of him by law.

(11) Keep a record of all stolen cars reported within his county, which record shall contain the name of the motor vehicle, the engine number thereof, a complete description of such vehicle and such other information as may aid in the identification of the stolen car. Such record shall be open to public inspection during office hours, and immediately upon receiving a report of a stolen car the sheriff shall prepare and forward a copy thereof to the director of the Idaho state police and he shall also notify the director of the Idaho state police of any and all cars recovered.

(12) At the specific request of the governor or his designated agent, prevent the unauthorized importation of wild omnivores or carnivores capable of causing injury to people or their property.

(13) Work in his county with the Idaho state police in the following respects:

(a) Require all persons using the highways in the state to do so carefully, safely and with exercise of care for the persons, property and safety of others;

(b) Safeguard and protect the surface and other physical portions of the state highways;

(c) Enforce all of the laws of the state enacted for the identification, inspection and transportation of livestock and all laws of the state designed to prevent the theft of livestock;

(d) Regulate traffic on all highways and roads in the state with the authority to temporarily close or restrict the use of any highway or road whenever the closure or restriction of use is deemed necessary for the safety of the public; and respond to calls following wrecks and make investigations relative thereto;

(e) Use whatever force is necessary to protect the public from wild or domestic omnivores or carnivores in a manner that is consistent with 50 C.F.R. section 17.84(i).

(14) Work in his county with the Idaho transportation department to give examinations for and sell drivers' licenses and identification cards.

(15) Expeditiously and promptly investigate all cases involving missing children when such cases are reported to him.

History:

[(31-2202) 1863, p. 475, secs. 3-6; R.S., secs. 1871, 1888; am. and reen. R.C. & C.L., sec. 2024; C.S., sec. 3596; am. 1921, ch. 254, sec. 1, p. 546; I.C.A., sec. 30-1702; am. 1943, ch. 147, sec. 1, p. 293; am. 1951, ch. 183, sec. 18, p. 383; am. 1970, ch. 120, sec. 9, p. 284; am. 1985, ch. 149, sec. 1, p. 399; am. 1986, ch. 290, sec. 1, p. 732; am. 1989, ch. 14, sec. 1, p. 15; am. 1989, ch. 88, sec. 66, p. 207; am. 1998, ch. 110, sec. 2, p. 379; am. 2000, ch. 331, sec. 1, p. 1110; am. 2000, ch. 469, sec. 78, p. 1524; am. 2008, ch. 27, sec. 7, p. 45; am. 2024, ch. 254, sec. 1, p. 893.]
Idaho Code § 31-4105 — Idaho Code / Title 31 / Chapter 41 / Section 31-4105
31-4105 PETITION TO FORM DISTRICT.
Status: in_force

31-4105. Petition to form district. A petition to form a district shall be presented to the county clerk and recorder of each of the counties in which any portion of the area is situated. Petitions shall be signed by a number of not less than sixty per cent (60%) of the resident real property owners within the proposed district. The petition shall state the objects of the district and designate the boundaries thereof by section, the approximate number of service units to be benefited thereby and shall contain a brief description of the proposed system including type of construction, location, approximate cost of the installation. The petition shall also state that the proposed district will be conducive to the public interest, convenience and necessity. It shall request that the area described within the petition be organized as a translator district.

History:

[31-4105, added 1969, ch. 308, sec. 5, p. 944.]
Idaho Code § 31-407 — Idaho Code / Title 31 / Chapter 4 / Section 31-407
31-407 PROVISION FOR HOLDING ELECTION — NOTICE THEREOF TO BE GIVEN.
Status: in_force

31-407. Provision for holding election — Notice thereof to be given. If the court shall order an election, copies of such order, certified by the clerk, shall at once be filed with the county clerk of the county which it is proposed to consolidate, and also with the county clerk of the county with which the consolidation is proposed. The county clerk of each of said counties shall cause a notice of the holding of said election to be published in a newspaper published in each county designating the consolidation proposal to be voted on, the date of the election, the hours during which the polls will be opened, and the polling places in each precinct. The first publication of such notice shall be made not less than twelve (12) days prior to the election and the last publication of notice shall be made not less than five (5) days prior to the election. The county clerk in each county shall likewise, not less than thirty (30) days before such election, cause a copy of such notice to be posted in a conspicuous place in each precinct in each county and in/or near each post office situated therein. If no newspaper be published in such county, the notice given by posting as herein provided shall be sufficient. In any conflict between these election specifications and those provided in chapter 14, title 34, Idaho Code, the provisions of the latter shall prevail.

History:

[31-407, added 1933, ch. 135, sec. 7, p. 206; am. 2009, ch. 341, sec. 14, p. 1002.]
Idaho Code § 31-410 — Idaho Code / Title 31 / Chapter 4 / Section 31-410
31-410 WHO QUALIFIED TO VOTE.
Status: in_force

31-410. Who qualified to vote. No person shall be qualified to vote at any such election unless he is a qualified elector of the county and state in which he offers to vote and unless he be duly registered in the precinct where he offers to vote.

History:

[31-410, added 1933, ch. 135, sec. 10, p. 206.]
Idaho Code § 31-3106 — Idaho Code / Title 31 / Chapter 31 / Section 31-3106
31-3106 SALARIES OF COUNTY OFFICERS.
Status: in_force

31-3106. Salaries of county officers. It shall be the duty of the board of county commissioners of each county, through the county budget process, as detailed in chapter 16, title 31, Idaho Code, to fix the annual salaries of the several county officers as of and from October 1 for the next ensuing year.

History:

[(31-3106) 1899, p. 405, sec. 3; compiled and am. R.C., sec. 2118; am. 1909, p. 220, sec. 1; am. 1911, ch. 103, sec. 1, p. 345; compiled and reen. C.L., sec. 2118; C.S., sec. 3699; am. 1929, ch. 157, sec. 4, p. 285; I.C.A., sec. 30-2606; am. 1937, ch. 73, sec. 1, p. 98; am. 1941, ch. 142, sec. 2, p. 277; am. 1943, ch. 155, sec. 1, p. 312; am. 1945, ch. 9, sec. 1, p. 12; am. 1947, ch. 78, sec. 1, p. 127; am. 1949, ch. 211, sec. 1, p. 445; am. 1951, ch. 74, sec. 1, p. 115; am. 1951, ch. 293, sec. 1, p. 649; am. 1953, ch. 117, sec. 1, p. 170; am. 1955, ch. 174, sec. 1, p. 353; am. 1957, ch. 313, sec. 1, p. 671; am. 1959, ch. 21, sec. 1, p. 50; am. 1961, ch. 4, sec. 1, p. 6; am. 1963, ch. 304, sec. 1, p. 794; am. 1967, ch. 295, sec. 1, p. 842; am. 1969, ch. 257, sec. 1, p. 793; am. 1971, ch. 110, sec. 1, p. 233; am. 1977, ch. 140, sec. 1, p. 301; am. 1979, ch. 64, sec. 1, p. 168; am. 1980, ch. 228, sec. 1, p. 510; am. 1982, ch. 191, sec. 3, p. 517.]
Idaho Code § 31-2811 — Idaho Code / Title 31 / Chapter 28 / Section 31-2811
31-2811 DEFINITIONS.
Status: in_force

31-2811. definitions. As used in this chapter:

(1) "Burial" means the interment or entombment of dead human bodies in any manner.

(2) "Certified" means a procedure by which a third party gives written assurance that a person, product, process, or service conforms to specific requirements.

(3) "Coroner" means an elected or appointed official whose duty is to conduct and oversee medicolegal death investigations, usually for a single county, and ensure certification of cause and manner of death.

(4) "Cremation" means the reduction of human remains to bone fragments in a certified crematory by means of incineration.

(5) "Human remains" means a lifeless human body or such parts of the human body or the bones thereof from the state of which it reasonably may be concluded that death occurred or the body of a deceased person, including remains following the process of cremation, alkaline hydrolysis, or natural organic reduction. Human remains also include the body in any stage of decomposition, including but not limited to skeletal remains.

(6) "Manner of death" means a classification system based on the circumstances under which death occurred, including accident, homicide, natural, suicide, and undetermined.

(7) "Medicolegal death investigator" means a person who conducts a medicolegal death investigation.

(8) "Medicolegal death investigation" means a formal inquiry and examination, that may include fluid extraction, into the circumstances surrounding the death of a human being where investigative information is considered with autopsy findings and adjunctive studies, if performed, to determine the cause and manner of death.

History:

[31-2811, added 2025, ch. 96, sec. 7, p. 514.]
Idaho Code § 31-3201K — Idaho Code / Title 31 / Chapter 32 / Section 31-3201K
31-3201K DISTRIBUTION OF PAYMENTS IN CASES UNDER THE JUVENILE CORRECTIONS ACT.
Status: in_force

31-3201K. Distribution of payments in cases under the Juvenile Corrections Act. When ordered by the court to make one (1) of the following payments in a case filed under the juvenile corrections act, chapter 5, title 20, Idaho Code, the person so ordered shall make the payment to the clerk of the court in which the judgment was entered. The judgment shall be satisfied accordingly by entry in the electronic docket of the court, and the clerk of the court shall remit daily all such payments to the county auditor, who shall, at least monthly, distribute the payments received as required by statute. The distributions shall first completely satisfy the amounts due in the following order before distribution of payments for any other amounts owed to the court, and any payment applied to a category as provided in this section in which more than one (1) payment was ordered shall be distributed in proportion to the relative amounts of such ordered payments:

(1) Restitution to or making whole any victim who suffers an economic loss as a result of the juvenile offender's conduct paid pursuant to section 20-520(3), Idaho Code;

(2) Detention/probation training academy fee paid pursuant to section 20-520(1)(q), Idaho Code;

(3) Juvenile drug court or mental health court fee paid pursuant to section 31-3201E, Idaho Code;

(4) Juvenile pretrial supervision fee paid pursuant to section 20-516A, Idaho Code;

(5) County juvenile probation supervision fee paid pursuant to section 20-520(1)(s), Idaho Code;

(6) Court-ordered tests of breath or bodily fluids pursuant to section 19-2608, Idaho Code;

(7) Community service fee paid pursuant to section 20-520(1)(r), Idaho Code;

(8) Probationary contract violation assessment paid pursuant to section 20-522, Idaho Code;

(9) Detention costs paid pursuant to section 20-524(2), Idaho Code;

(10) Costs of support and treatment of a juvenile paid pursuant to section 20-524(1), Idaho Code;

(11) Reimbursement of public defender costs paid pursuant to section 20-514(7), Idaho Code;

(12) Reimbursement for costs of toxicology testing paid pursuant to section 37-2732C(g), Idaho Code;

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

(14) Reimbursement for costs paid by a county for psychosexual evaluations paid pursuant to section 18-8318, Idaho Code; and

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

History:

[31-3201K, added 2026, ch. 93, sec. 1, p. 520.]
Idaho Code § 31-3907 — Idaho Code / Title 31 / Chapter 39 / Section 31-3907
31-3907 AMBULANCE SERVICE — TERMINATION OF.
Status: in_force

31-3907. Ambulance service — Termination of. Any county having adopted and established an ambulance service pursuant to section 31-3901, Idaho Code, prior to July 1, 2020, may terminate the same for good cause by the adoption of a resolution by the board of county commissioners. Upon the termination of said ambulance service, all vehicles and property not necessary for other county purposes shall be sold and the proceeds therefrom paid to the county treasurer to be deposited in the general fund of the county. All moneys on deposit in the ambulance service fund shall be transferred to the general fund of the county. Provided, however, in the event that an ambulance service district formed pursuant to section 31-3911, Idaho Code, is succeeding the terminated ambulance service by the county, then the board of county commissioners may adopt a resolution providing that the vehicles and property shall instead be transferred to the new ambulance service district.

History:

[31-3907, added 1963, ch. 278, sec. 7, p. 712; am. 2020, ch. 209, sec. 7, p. 605.]
Idaho Code § 31-4304 — Idaho Code / Title 31 / Chapter 43 / Section 31-4304
31-4304 CREATION OF RECREATION DISTRICTS.
Status: in_force

31-4304. Creation of recreation districts. A recreation district may be created as follows:

(a) Any person or persons may file a petition for the formation of a recreation district with the clerk. Such petition which may be in one (1) or more papers shall clearly designate the boundaries of the proposed district, shall state the name of the proposed district, shall state the maximum tax rate that would be imposed upon taxable property within the district or planned unit development recreation districts, and shall be signed by not less than twenty percent (20%) of the qualified electors resident within the boundaries of the proposed district. The boundaries of the proposed district shall include contiguous territory having market value for assessment purposes of not less than five million dollars ($5,000,000) at the last preceding county assessment and shall not include any area included within an already existing recreation district. The petition shall be accompanied by a map showing the boundaries of the proposed district.

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

(c) Within thirty (30) days after the filing of such petition together with such map and the making of such cash deposit, the county commissioners shall determine whether or not the same substantially comply 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 the effect specifying the particular deficiencies, dismissing such petition and refunding such cash deposit. If the county commissioners find that there has been substantial compliance with such requirements, the county commissioners shall forthwith enter an order to that effect and calling an election, subject to the provisions of section 34-106, Idaho Code, upon the formation of such proposed district as provided in this section.

(d) If the county commissioners order an election as provided in this section, such election shall be conducted in accordance with the general election laws of the state, including the provisions of chapter 14, title 34, Idaho Code. The county commissioners shall establish election precincts, design and print elector's oaths, ballots and other necessary supplies, appoint election personnel and by rule and regulation provide for the conduct and tally of such election. Each qualified elector who is a resident of the proposed district shall be entitled to vote in such election. The clerk shall give notice of such election which notice shall clearly designate the boundaries of such proposed district, shall state the name of the proposed district as designated in the petition, shall state the date of such election and the hours on such date which the polls will be open for receipt of ballots, shall set forth the qualifications of electors, and shall state that a map showing the boundaries of such district is on file in the office of the clerk. Such notice shall be published for the first time, not less than twelve (12) days prior to the election, and the second publication shall be made not less than five (5) days prior to such election in a newspaper published within the county.

(e) 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 formation of such district, the county commissioners shall enter an order so finding and declaring that such district shall not be formed. If more than one-half (1/2) of the votes cast at such election are in favor of forming such district, the county commissioners shall enter an order so finding, declaring such district duly organized under the name designated in such petition, and dividing such district into three (3) subdivisions, as nearly equal in population as possible, to be known as director's subdistricts one, two and three. 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 organization of such district shall be complete.

(f) Upon receipt of a certified copy of the order of the county commissioners, the board of county commissioners shall appoint a qualified elector from each director's subdistrict who shall constitute the first board of such district. The appointees from director's subdistricts one and two shall serve until the first district election thereafter held at which their successors shall be elected and the appointee from director's subdistrict three shall serve until the second district election thereafter held at which such appointee's successor shall be elected. The certificate of appointment shall be filed with the clerk with a copy forwarded to each appointee.

(g) When the boundaries of the proposed district lie in two (2) or more counties, the county commissioners of each county shall act separately in the election and organization of that part of the proposed district contained in their county but the county commissioners of each such county shall meet together before calling such election, subject to the provisions of section 34-106, Idaho Code, and provide for uniform proceedings in each county and fix the boundaries of each director's subdistrict in case such election shall carry.

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

History:

[31-4304, added 1970, ch. 212, sec. 4, p. 599; am. 1980, ch. 350, sec. 10, p. 898; am. 1995, ch. 118, sec. 38, p. 460; am. 2001, ch. 375, sec. 1, p. 1313; am. 2017, ch. 128, sec. 5, p. 301.]
Idaho Code § 31-4205 — Idaho Code / Title 31 / Chapter 42 / Section 31-4205
31-4205 CREATION OF HOUSING AUTHORITIES.
Status: in_force

31-4205. Creation of housing authorities. In any county of the state of Idaho, there may be created an independent public body corporate and politic to be known as a housing authority, which shall not be an agency of the county; provided, however, that such authority shall not transact any business or exercise its powers hereunder until or unless the governing body of the county, by proper resolution, shall declare, at any time hereafter, that there is need for an authority to function in such county. The determination as to whether or not there is such need for an authority to function (a) may be made by the governing body on its own motion or (b) shall be made by the governing body upon the filing of a petition signed by twenty-five (25) residents of the county asserting that there is need for an authority to function in such county and requesting that the governing body so declare.

The governing body shall adopt a resolution declaring that there is need for a housing authority in the county if it shall find (a) that insanitary or unsafe inhabited dwelling accommodations exist in such county or (b) that there is a shortage of safe or sanitary dwelling accommodations in such county available to persons of low income or rentals they can afford. In determining whether dwelling accommodations are unsafe or insanitary, said governing body may take into consideration the degree of overcrowding, the percentage of land coverage, the light, air, space and access available to the inhabitants of such dwelling accommodations, the size and arrangement of the rooms, the sanitary facilities and the extent to which conditions exist in such building which endanger life or property by fire or other causes.

Nothing in this act shall prevent governing bodies from jointly creating by resolution an independent public body corporate and politic to carry out and effectuate the purposes and provisions of this act and to serve the best interests of their respective citizenry.

In any suit, action or proceeding, involving the validity of enforcement of or relating to any contract of the authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder upon proof of the adoption of resolution by the governing body declaring the need for the authority. Such resolution or resolutions shall be deemed sufficient if it declares that there is such need for an authority and finds in substantially the foregoing terms, no further detail being necessary, that either or both of the above enumerated conditions exist in the county. A copy of such resolution, duly certified by the clerk, shall be admissible in evidence in any suit, action or proceeding.

History:

[31-4205, added 1970, ch. 211, sec. 5, p. 584; am. 1998, ch. 367, sec. 2, p. 1149.]
Idaho Code § 31-876 — Idaho Code / Title 31 / Chapter 8 / Section 31-876
31-876 PUBLIC TRANSPORTATION SERVICES.
Status: in_force

31-876. Public transportation services. (1) The boards of county commissioners in their respective counties shall have the authority to establish, fund and operate public transportation services that the board of county commissioners considers to be of public benefit.

(2) Public transportation services include, without limitation, fixed transit routes; scheduled or unscheduled transit service; paratransit services for the elderly, disabled or other persons dependent on public transportation; shuttle and commuter services between cities, counties, health care facilities, employment centers, educational institutions and park-and-ride locations; subscription van and car-pooling services; and transportation services unique to social service programs.

(3) The board of county commissioners may become the designated grantee and receive funding from other federal, state, local and private sources and use said funds for the sponsorship, promotion and administration of such public transportation services as they may deem beneficial.

History:

[31-876, added 1994, ch. 121, sec. 1, p. 271.]
Idaho Code § 31-2610 — Idaho Code / Title 31 / Chapter 26 / Section 31-2610
31-2610 COUNTY STENOGRAPHERS — TRAVELING EXPENSES.
Status: in_force

31-2610. County stenographers — Traveling expenses. When it becomes necessary for said stenographers to go from place to place in the performance of county business, the expenses of travel, including hotel and board, shall be a charge against the county, and shall be allowed in addition to the monthly salary.

History:

[(31-2610) 1909, p. 146, sec. 3; reen. C.L., sec. 2086c; C.S., sec. 3661; I.C.A., sec. 30-2110; am. 1953, ch. 220, sec. 3, p. 335.]
Idaho Code § 31-3509 — Idaho Code / Title 31 / Chapter 35 / Section 31-3509
31-3509 SEPARABILITY.
Status: in_force

31-3509. Separability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this chapter, which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are declared to be severable.

History:

[(31-3509) 31-3516, added 1974, ch. 302, sec. 12, p. 1769; am. 1996, ch. 410, sec. 23, p. 1370; am. and redesig. 2022, ch. 318, sec. 38, p. 1024.]
Idaho Code § 31-875 — Idaho Code / Title 31 / Chapter 8 / Section 31-875
31-875 COMPUTERIZED MAPPING SYSTEM FEES.
Status: in_force

31-875. Computerized mapping system fees. (1) As used in this section, "computerized mapping system" or "system" means the digital storage, processing and retrieval of cadastral information derived from local government records and related information such as land use, topography, water, streets and geographic features.

(2) In a county which develops a computerized mapping system, the board of county commissioners may impose and collect fees from the users of this system for the development, maintenance and dissemination of digital forms of the system. These fees shall not exceed the actual costs of development, annual maintenance and dissemination of the computerized mapping system. These fees shall not apply to paper maps produced from the computerized mapping system.

History:

[31-875, added 1993, ch. 201, sec. 1, p. 555.]
Idaho Code § 31-3217 — Idaho Code / Title 31 / Chapter 32 / Section 31-3217
31-3217 LIMITATION ON MILEAGE OF OFFICER.
Status: in_force

31-3217. Limitation on mileage of officer. When any sheriff, constable or coroner serves more than one (1) process in the same case, not requiring more than one (1) journey from his office, he shall receive mileage only for the most distant service.

History:

[(31-3217) R.S., sec. 2142; reen. R.C. & C.L., sec. 2133; C.S., sec. 3718; I.C.A., sec. 30-2717.]
Idaho Code § 31-4220 — Idaho Code / Title 31 / Chapter 42 / Section 31-4220
31-4220 RIGHTS OF OBLIGEES — MANDAMUS — INJUNCTION.
Status: in_force

31-4220. Rights of obligees — Mandamus — Injunction. An obligee of an authority shall have the right, in addition to all other rights, which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee:

(a) By mandamus, suit, action or proceedings at law or in equity to compel said authority and the commissioners, officers, agents or employees thereof to perform each and every term, provision and covenant contained in any contract of said authority, with or for the benefit of such obligee, and to require the carrying out of any or all such covenants and agreements of said authority and the fulfillment of all duties imposed upon said authority by this act.

(b) By suit, action or proceeding in equity, to enjoin any acts which may be unlawful, or the violation of any of the rights of such obligee of said authority.

History:

[31-4220, added 1970, ch. 211, sec. 20, p. 584.]
Idaho Code § 31-121 — Idaho Code / Title 31 / Chapter 1 / Section 31-121
31-121 CUSTER COUNTY.
Status: in_force

31-121. Custer county. Custer county is described as follows: beginning at the confluence of the Pahsimeroi river with the Salmon river thence up the Pahsimeroi river to the mouth of the Big creek; thence up Big creek, and on the line from the head thereof, with the general course of said creek to the summit of the divide between the waters of the Pahsimeroi and Lemhi rivers; thence southeasterly on the summit of said divide to a point west from the headwaters of said Little Lost river; thence east to the headwaters of said Little Lost river, thence down Little Lost river to the township line between townships ten (10) north and eleven (11) north; thence west along said township line to the corner common to townships twenty-five and twenty-six (25 and 26) east and townships ten (10) and eleven (11) north; thence south along the line between townships twenty-five (25) and twenty-six (26) east to the corner common to townships eight (8) and nine (9) north; thence west along the line between townships eight (8) and nine (9) north to the northwest corner of section two (2), township eight (8) north, range twenty-five (25) east B.M.; thence south along the west section line of section two (2) and eleven (11) to the northwest corner of section fourteen (14), township eight (8) north, range twenty-five (25) east B.M. to a point which is on the summit between the divide of Pass creek and Little Lost river; thence down said Pass creek to Big Lost river; thence along Big Lost river to the mouth of Antelope creek; thence up Antelope creek to the divide which separates its waters from those of Little Wood river; thence westerly along and upon the summit of the range of mountains dividing the headwaters of the East Fork of the Salmon river from the waters of the Little and Big Wood rivers, and continuing westerly on said divide between the East Fork of the Salmon and Wood rivers to the intersection of the longitude line of longitude one hundred fourteen (114) degrees, forty (40) minutes west from Greenwich, thence north on said longitude line to a point on said divide due east of the northeast corner of section twenty-four (24), township seven (7) north, range fourteen (14) east; thence due west to the northeast corner of section twenty-four (24), township seven (7) north, range fourteen (14) east; thence west along and upon the section lines to the corner of sections fifteen (15), sixteen (16), twenty-one (21) and twenty-two (22), township seven (7) north, range fourteen (14) east; thence north along and upon the section lines to the corner of sections three (3) and four (4) and thirty-three (33) and thirty-four (34), townships seven (7) and eight (8) north, range fourteen (14) east; thence north along and upon the section lines to the one-quarter (1/4) section corner between sections twenty-seven (27) and twenty-eight (28), township eight (8) north, range fourteen (14) east; thence west along and upon the one-quarter (1/4) section lines to the west one-quarter (1/4) section corner of section thirty (30), township eight (8) north, range fourteen (14) east; thence southwesterly along and upon the summit of the mountains dividing the waters of Yellow Belly lake and Pettit lake to the summit of the Sawtooth mountains; thence northerly along the summit of the Sawtooth mountains to the divide which separates the waters flowing into the South Payette river and Bear Valley creek from those flowing into the main Salmon river and Cape Horn creek; thence along said divide to the Middle Fork of the Salmon river; thence down the Middle Fork of the Salmon river to the mouth of Loon Creek; thence up Loon creek to the mouth of Warm Springs creek; (thence up Warm Springs creek); thence up Warm Springs creek and to the divide which separates the waters of Yankee Fork on the south and Loon and Deep creeks on the North, and following 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 place of beginning.

County seat–Challis.

History:

[(31-121) Compiled and reen. C.L. 3:19; C.S., sec. 25; am. 1925, ch. 189, sec. 2, p. 345; I.C.A., sec. 30-121; am. 1937, ch. 138, sec. 1, p. 222.]
Idaho Code § 31-205 — Idaho Code / Title 31 / Chapter 2 / Section 31-205
31-205 CONTESTING RIGHT TO SIGN PETITION.
Status: in_force

31-205. Contesting right to sign petition. Any citizen and legal voter at general elections in said county may contest the right of any person whose name is subscribed to said petition, to sign such petition under this chapter, and shall have the right to contest said petition as to any names subscribed thereto that he shall have good reason to believe are fictitious: provided, he shall, ten (10) days before the first day of the term of said court, file in the office of the clerk of the district court of such county a list of the names of the persons whose right to sign said petition he is desirous of contesting, together with his affidavit indorsed thereon, that he has good reason to believe, and does verily believe, that such persons named in said list are not legal voters of such county and had no right in law to sign such petition; and shall also file in the office of said clerk, ten (10) days before said term of said court, a list of such names as he has reason to believe are fictitious, together with his affidavit, that he has good reason to believe, and does verily believe, that such names are fictitious; and such persons shall have the right to contest such petitions only as to the names included in said lists.

History:

[(31-205) 1890-1891, p. 57, sec. 122; reen. 1899, p. 33, sec. 109; reen. R.C. & C.L., sec. 470; C.S., sec. 654; I.C.A., sec. 30-205.]
Idaho Code § 31-3101 — Idaho Code / Title 31 / Chapter 31 / Section 31-3101
31-3101 OFFICERS TO RECEIVE SALARIES AND ACCOUNT FOR FEES.
Status: in_force

31-3101. Officers to receive salaries and account for fees. The salaries of county officers as full compensation for their services must be paid monthly from the county treasury, upon the warrants of the county auditor, and it shall not be necessary for the board of commissioners to allow or audit the claims for such salaries when the salaries of such officers are fixed by law or have been fixed or approved by action of the board of commissioners. All actual and necessary expenses incurred by any county officer or deputy in the performance of his official duty shall be a legal charge against the county, and shall be certified by receipts to the county auditor. The county auditor shall then issue a county warrant in the amount so certified, payable to the officer or deputy submitting the certification, and the warrant paid shall be charged against said officer's budget. When any such officer or deputy shall use his private car as a means of travel in the performance of his official duty the actual and necessary expense of the use of such car shall be determined by the county commissioners of each county and allowance made therefor at a rate for each mile driven shall be applied uniformly to each officer or deputy in that county and such allowance shall be the full amount allowable for travel expense when such car is used. All fees which may come into his hands from whatever source shall be turned into the county treasury daily, weekly, monthly, or quarterly as determined by the county commissioners. He shall, at least quarterly, file with the clerk of the board of county commissioners, a sworn statement, accompanied by proper vouchers, showing all fees received, which must be audited by the board as other accounts.

History:

[(31-3101) 1899, p. 405, sec. 1; reen. R.C. & C.L., sec. 2115; C.S., sec. 3694; am. 1929, ch. 21, sec. 1, p. 22; I.C.A., sec. 30-2601; am. 1935, ch. 25, sec. 1, p. 41; am. 1961, ch. 15, sec. 1, p. 15; am. 1974, ch. 231, sec. 1, p. 1588; am. 1980, ch. 182, sec. 1, p. 403.]
Idaho Code § 31-1425 — Idaho Code / Title 31 / Chapter 14 / Section 31-1425
31-1425 EXEMPTIONS.
Status: in_force

31-1425. Exemptions. (1) All public utilities, as defined in section 61-129, Idaho Code, shall be exempt from taxation under the provisions of this chapter and shall not be entitled to the privileges or protection hereby provided without their consent in writing filed with the clerk of the board of county commissioners. Provided however, the board of fire protection commissioners, may enter into an agreement with a public utility for the purpose of affording the privileges or protection provided by the fire protection district to all, or such portion, of the property of the public utility as may be agreed upon between the parties and upon such terms and conditions as may be mutually agreed upon between the parties to the agreement.

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

History:

[(31-1425) 31-1422, added 1943, ch. 161, sec. 22, p. 324; am. 1985, ch. 153, sec. 1, p. 410; am. 1996, ch. 105, sec. 1, p. 407; am. and redesig. 2006, ch. 318, sec. 23, p. 1006; am. 2013, ch. 216, sec. 4, p. 510.]
Idaho Code § 31-1430 — Idaho Code / Title 31 / Chapter 14 / Section 31-1430
31-1430 COOPERATION AND RECIPROCATING USE OF FIREFIGHTING FORCES AND APPARATUS OF DISTRICTS AND CITIES.
Status: in_force

31-1430. Cooperation and reciprocating use of firefighting forces and apparatus of districts and cities. (1) Fire protection districts shall have all of the powers given to political subdivisions of the state of Idaho as set forth in section 67-2339, Idaho Code, and sections 67-2326 through 67-2333, Idaho Code, inclusive, to enter into intra-agency and mutual aid agreements with other political subdivisions, including but not limited to counties, ambulance service districts, and municipalities in Idaho and in other states for the purposes of protecting property against loss by fire, protecting life, and for all other purposes of this chapter.

(2) Any fire protection district or city fire department extinguishing a fire or responding to a call for emergency assistance to persons or property not situated within the taxing authority of the fire district or city fire department is authorized to charge a reasonable fee for the services provided and shall have a lien upon property serviced, which lien shall be filed of record against the property in the name of the district or city in the time and manner provided by section 45-507, Idaho Code, for liens of original contractors. Fire districts and cities are also authorized to charge reasonable fees for services provided to residents located within the fire district or city in accordance with the requirements and procedures contained in sections 63-1311 and 63-1311A, Idaho Code, and shall have a lien upon the property serviced as provided in this section.

History:

[31-1430, added 2006, ch. 318, sec. 29, p. 1008; am. 2020, ch. 183, sec. 1, p. 574.]
Idaho Code § 31-1423 — Idaho Code / Title 31 / Chapter 14 / Section 31-1423
31-1423 LEVY — RECOMMENDED LEVY — ELECTION.
Status: in_force

31-1423. Levy — recommended levy — election. (1) Each year, immediately prior to the annual county levy of taxes, the board of commissioners of each fire protection district, organized and existing under this chapter, 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 of twenty-four hundredths percent (.24%) 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 fire protection 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) If two (2) or more fire protection districts consolidate into one (1) district, the provisions of section 63-802, Idaho Code, shall apply to the consolidated district's budget request. In addition, the consolidated district shall receive the benefit of foregone increases accumulated by the former districts under section 63-802, Idaho Code.

History:

[(31-1423) 31-1420, added 1943, ch. 161, sec. 20, p. 324; am. 1947, ch. 219, sec. 1, p. 525; am. 1965, ch. 119, sec. 1, p. 237; am. 1984, ch. 202, sec. 4, p. 496; am. 1988, ch. 316, sec. 1, p. 974; am. 1996, ch. 208, sec. 4, p. 661; am. 1996, ch. 322, sec. 10, p. 1039; am. 1997, ch. 117, sec. 1, p. 299; am. 1999, ch. 288, sec. 1, p. 714; am. 2002, ch. 172, sec. 1, p. 506; am. 2005, ch. 178, sec. 2, p. 551; am. and redesig. 2006, ch. 318, sec. 21, p. 1005; am. 2011, ch. 19, sec. 1, p. 57; am. 2013, ch. 185, sec. 2, p. 445; am. 2025, ch. 155, sec. 2, p. 763; am. 2026, ch. 316, sec. 3, p. 1269.]
Idaho Code § 31-127 — Idaho Code / Title 31 / Chapter 1 / Section 31-127
31-127 IDAHO COUNTY.
Status: in_force

31-127. Idaho county. Idaho county is described as follows: beginning at the junction of the Salmon river with the Snake river;

Northern boundary. Thence up the middle of the channel of Salmon river to the mouth of Deep creek; thence up the middle of the channel of Deep creek to the mouth of the Right Fork of Deep creek; thence up the middle of the channel of the Right Fork of Deep creek to a point where the line between ranges one (1) and two (2) west, crosses Deep creek; thence north along the said line to the point where the said line crosses Willow creek; thence down the middle of the channel of Willow creek to its junction with Lawyer's canyon; thence down the middle of the channel of Lawyer's canyon, to its junction with the Clearwater river; thence down the middle of the channel of Clearwater river to the mouth of Lolo creek; thence up the middle of the channel of Lolo creek to the head of Lolo creek; thence in a direct line to the Lolo pass at the summit of the Bitter Root mountains;

Eastern boundary. Thence southeasterly and southerly following the present defined boundary line between the state of Idaho and the state of Montana (1899, p. 79), to a point directly north of the confluence of the Middle Fork of Salmon river with the main Salmon river in the state of Idaho; thence south to the confluence of the Middle Fork of Salmon river with the main Salmon river; thence southerly along the center line or middle of the channel of said Middle Fork of Salmon river (R.C., section 23m), to its intersection with the fifth (5th) standard parallel north;

Southern boundary. Thence west along said parallel to the divide separating the waters of the Salmon and Payette rivers; thence westerly and southerly (1917, ch. 99, section 2, p. 360), along said divide, to the line of Adams county, at a point east of the northern point of Little Salmon Meadows; thence west to the Little Salmon river; thence down the Little Salmon river to a point east of the point where the section line between sections six (6) and seven (7), township twenty-two (22) north, range one (1) east, intersects the said meridian; thence west to the middle of the main channel of Snake river.

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

County seat–Grangeville.

History:

[(31-127) Compiled and reen. C.L. 3:25; C.S., sec. 31; I.C.A., sec. 30-127.]
Idaho Code § 31-5006 — Idaho Code / Title 31 / Chapter 50 / Section 31-5006
31-5006 GENERAL TRANSITION PROVISIONS.
Status: in_force

31-5006. General transition provisions. (1) The governing body shall prepare a plan for the orderly transition to an optional form of county government approved by the electors of the county. The development of the plan shall initiate within thirty (30) days after the optional form is approved by the electors and shall be completed within six (6) months.

(2) The governing body may enact and enforce ordinances to bring about an orderly transition to the new form of government, including the transfer of powers, records, documents, properties, assets, funds, liabilities or personnel. These ordinances shall be consistent with the optional form approved and shall be necessary or convenient to place it into full effect. Whenever a question arises concerning transition for which there is no provision, the governing body may provide for the transition by ordinance, rule or resolution not inconsistent with law.

History:

[31-5006, added 1996, ch. 283, sec. 1, p. 920.]
Idaho Code § 31-1416 — Idaho Code / Title 31 / Chapter 14 / Section 31-1416
31-1416 FIRE PROTECTION DISTRICTS ARE GOVERNMENTAL SUBDIVISIONS OF IDAHO AND BODIES POLITIC AND CORPORATE.
Status: in_force

31-1416. Fire protection districts are governmental subdivisions of idaho and bodies politic and corporate. Every fire protection district upon being organized as provided by this chapter shall be a governmental subdivision of the state of Idaho and a body politic and corporate, and as such has the power specified in this chapter. Its powers can be exercised only by the fire protection board or by agents and officers acting under their authority, or authority of law. The name of the district designated in the order of the board of county commissioners declaring the territory duly organized as a fire protection district, shall be the corporate name of such district, and it must be known and designated thereby in all actions and proceedings touching its corporate right, property and duties.

History:

[(31-1416) 31-1414, added 1943, ch. 161, sec. 14, p. 324; am. 1978, ch. 336, sec. 1, p. 867; am. and redesig. 2006, ch. 318, sec. 13, p. 1000.]
Idaho Code § 31-2402 — Idaho Code / Title 31 / Chapter 24 / Section 31-2402
31-2402 INSTRUMENTS TO BE RECORDED.
Status: in_force

31-2402. Instruments to be recorded. (1) He must, upon the payment of his fees for the same, record separately, in large and well-bound separate books or through approved electronic storage systems, in legible handwriting, typewriting or by photographic reproduction:

(a) Deeds, grants, transfers and mortgages of real estate, releases of mortgages, powers of attorney to convey real estate and leases which have been acknowledged or proved and transcripts of judgments or decrees which affect the title or possession of real property, including water rights, any part of which is situate in the county of which the person is the recorder.

(b) Certificates of marriage and marriage contracts.

(c) Wills admitted to probate.

(d) Official bonds.

(e) Notices of mechanics' liens.

(f) Transcripts of judgments which by law are made liens upon real estate.

(g) Notices of attachments upon real estate.

(h) Notices of the pendency of an action affecting real estate, the title thereto or possession thereof.

(i) Instruments describing or relating to the separate property of married women.

(j) Notices of preemption claims.

(k) Certified copies of any petitions, with the schedules omitted, filed in, and certified copies of any order or decree made or entered in, any proceeding under the national bankruptcy act.

(l) Financing statements under the uniform commercial code which cover timber to be cut, minerals or the like (including oil and gas), pursuant to section 28-9-301, Idaho Code, or fixtures.

(m) Notice of order of a general adjudication in conformance with section 42-1408, Idaho Code.

(n) Death certificates.

(o) Such other writings as are required or permitted by law to be recorded, as determined by the recorder.

(2) The recorder may refuse to record a document which, in his discretion and through consultation with the county prosecutor, is not authorized by law to be recorded, provided that a document listed in subsection (1)(a) through (n) of this section is authorized by law and must be recorded. Refusal pursuant to this section shall not create any liability.

History:

[(31-2402) 1863, p. 475, sec. 70; R.S., sec. 2024; modified by 1899, p. 121; compiled and reen. R.C. & C.L., sec. 2062; C.S., sec. 3634; am. 1931, ch. 48, sec. 1, p. 83; I.C.A., sec. 30-1902; am. 1965, ch. 30, sec. 1, p. 48; am. 1980, ch. 156, sec. 4, p. 331; am. 1986, ch. 220, sec. 25, p. 582; am. 2001, ch. 208, sec. 27, p. 827; am. 2005, ch. 243, sec. 2, p. 757; am. 2021, ch. 167, sec. 1, p. 470.]
Idaho Code § 31-207 — Idaho Code / Title 31 / Chapter 2 / Section 31-207
31-207 CONTESTS HAVE PRECEDENCE — DECISION OF DISTRICT COURT FINAL.
Status: in_force

31-207. Contests have precedence — Decision of district court final. All cases of contest arising upon said petitions or affidavits shall have precedence over all other cases at said term of said court, and shall be heard and determined at said term, and the decision of the court shall be final.

History:

[(31-207) 1890-1891, p. 57, sec. 124; reen. 1899, p. 33, sec. 111; reen. R.C. & C.L., sec. 472; C.S., sec. 656; I.C.A., sec. 30-207.]
Idaho Code § 31-4303 — Idaho Code / Title 31 / Chapter 43 / Section 31-4303
31-4303 DEFINITIONS.
Status: in_force

31-4303. Definitions. Whenever used in this act the term:

(a) "county" refers to each county in which all or a portion of a proposed or existing recreation district is situated;

(b) "county commissioners" means the board of county commissioners of the county;

(c) "clerk" means the clerk of the board of county commissioners of the county;

(d) "district" means a proposed or existing recreation district organized under this act;

(e) "board" means the board of directors of a recreation district;

(f) "director" means a member of a board of directors of a recreation district;

(g) "qualified elector" means a person qualified to vote under the general election laws of the state.

History:

[31-4303, added 1970, ch. 212, sec. 3, p. 599.]
Idaho Code § 31-3616 — Idaho Code / Title 31 / Chapter 36 / Section 31-3616
31-3616 HOSPITAL SERVICE UPON PREPAYMENT OR ASSURANCE PLAN.
Status: in_force

31-3616. Hospital service upon prepayment or assurance plan. The county hospital board shall have power to contract with persons, associations, corporations or any other bodies engaged in providing for hospital service upon a prepayment or assurance plan, for the rendition of service by the hospital in the future, and under such contracts may accept and credit to the payer any sum or sums of money in prepayment of services to be rendered in the future, but such contracts shall be conditioned upon space and facilities being available in the hospital at the time such services are required. The county hospital board shall have no power to loan or give any money in its possession for hospital purposes to any person, partnership, association, corporation or any other body whatever.

History:

[31-3616, added 1946 (1st E.S.), ch. 38, sec. 16, p. 75; am. 1951, ch. 285, sec. 1, p. 615.]
Idaho Code § 31-2001 — Idaho Code / Title 31 / Chapter 20 / Section 31-2001
31-2001 COUNTY OFFICERS ENUMERATED.
Status: in_force

31-2001. County officers enumerated. The officers of a county are:

1. A sheriff.

2. A clerk of the district court, who shall be ex officio auditor and recorder, and ex officio clerk of the board of county commissioners.

3. An assessor.

4. A prosecuting attorney.

5. A county treasurer, who shall be ex officio public administrator and ex officio tax collector.

6. A coroner.

7. Three (3) members of the board of county commissioners.

History:

[(31-2001) R.S., sec. 2150; am. R.C., sec. 1973; compiled and reen. C.L., sec. 1973; C.S., sec. 3543; I.C.A., sec. 30-1501; am. 1963, ch. 88, sec. 1, p. 283; am. 1970, ch. 120, sec. 3, p. 284.]
Idaho Code § 31-2127 — Idaho Code / Title 31 / Chapter 21 / Section 31-2127
31-2127 INVESTMENT OF FUNDS.
Status: in_force

31-2127. INVESTMENT OF FUNDS. The county treasurer is authorized and empowered to invest surplus or idle funds pursuant to section 57-127, Idaho Code, in investments permitted by section 67-1210, Idaho Code. The county treasurer may also invest in investments listed in section 67-1210A, Idaho Code, through the state treasurer pursuant to a joint exercise of powers agreement.

History:

[31-2127, added 2023, ch. 19, sec. 1, p. 130.]
Idaho Code § 31-3806 — Idaho Code / Title 31 / Chapter 38 / Section 31-3806
31-3806 CIVIL ACTION TO ENFORCE.
Status: in_force

31-3806. Civil action to enforce. (1) If the owner of the property of the person, firm, or corporation filing the subdivision plat, amendment to a subdivision plat, or any other plat or map recognized by the city or county for the division of land fails to comply with section 31-3805, Idaho Code, prior to sale of the lots in the subdivision to purchasers, the owner of the property, or the person or entity filing the subdivision plat, amendment to a subdivision plat, or any other plat or map recognized by the city or county for the division of land shall be liable to any purchaser for all costs required to bring each subdivision lot into compliance with section 31-3805. The purchaser shall have a right to enforce this obligation in a civil action.

(2) In any civil action filed under this section, the prevailing party shall be awarded its reasonable costs and attorney's fees. The purchaser and irrigation entity shall have two (2) years from the date of discovery of the violation to initiate any legal action.

History:

[31-3806, added 1990, ch. 365, sec. 3, p. 998; am. 1996, ch. 51, sec. 2, p. 153; am. 1996, ch. 399, sec. 2, p. 1332; am. 1997, ch. 148, sec. 2, p. 425; am. 2025, ch. 129, sec. 8, p. 668.]
Idaho Code § 31-110 — Idaho Code / Title 31 / Chapter 1 / Section 31-110
31-110 BOISE COUNTY.
Status: in_force

31-110. Boise county. Boise county is described as follows: beginning at the confluence of Mores creek with the Boise river, at the center of the channel of Boise river;

Western boundary. Thence north forty-four (44) degrees and thirty-eight (38) minutes west (R.C., section 23f), until the said line intersects the north line of township five (5) north; thence east along the north boundary of township five (5) north to the northeast corner of township five (5) north, range one (1) east; thence north twenty-four (24) miles to the northeast corner of township nine (9) north, range one (1) east;

Northern boundary. Thence east (1915, ch. 165, section 2, p. 363) along the second (2) standard parallel north, to the center of the North Fork of the Payette river; thence northerly along the river to the intersection with the line between townships ten (10) and eleven (11) north; thence east to the ridge dividing the waters of the Salmon and Payette rivers (1917, ch. 99, section 2, p. 361); thence in an easterly direction along the divide which separates the waters of the Payette river and its tributaries from the waters of Salmon river and its tributaries (Special and Local Laws, 120), to the head of the Middle Fork of Salmon river;

Eastern boundary. Thence southerly along the divide which separates the water flowing into the South Payette river and Bear Valley creek from that flowing into the main Salmon river and Cape Horn creek to the summit of the Sawtooth mountains; thence southerly along the summit of the Sawtooth mountains (15 Ter. Ses. 26) to the headwaters of the North Fork of Boise river;

Southern boundary. Thence down the center of the channel of the North Fork of Boise river and the main Boise river to the place of beginning (3 Ter. Ses. 214).

County seat–Idaho City.

History:

[(31-110) Compiled and reen. C.L. 3:10; C.S., sec. 14; I.C.A., sec. 30-110; am. 2004, ch. 246, sec. 1, p. 712.]