Idaho Code § 31-830 — Idaho Code / Title 31 / Chapter 8 / Section 31-830
31-830 AWARD TO COUNTY SHERIFF OR DEPUTY COUNTY SHERIFF OF HIS HANDGUN AND BADGE UPON RETIREMENT.
Status: in_force

31-830. Award to county sheriff or deputy county sheriff of his handgun and badge upon retirement. (1) A county sheriff who retires during or upon the completion of his term of office under the provisions of the public employee retirement system of Idaho or the county's retirement system, whether under disability retirement or otherwise, may, with the consent of the board of county commissioners, be awarded his handgun and sheriff's badge along with the identification card issued by the county sheriff's office. The identification card shall have "RETIRED" printed on it, shall have no fixed expiration date and shall be signed by the county sheriff.

(2) Upon recommendation of the county sheriff and with the consent of the board of county commissioners, a deputy county sheriff holding police officer member status under the public employee retirement system of Idaho pursuant to section 59-1303(3)(b)(ii), Idaho Code, or if the county by which he is employed does not participate in the system, who would qualify for such status under the provisions of that section if the county were a participant in the system, may, upon his retirement, be awarded his handgun and sheriff's badge along with the identification card issued by the county sheriff's office. The identification card shall have "RETIRED" printed on it, shall have no fixed expiration date and shall be signed by the county sheriff. The award shall be available to any deputy county sheriff, as described in this section, who leaves his employment with the county sheriff's office to retire under the provisions of the public employee retirement system of Idaho or the county's retirement system, whether under disability retirement or otherwise.

History:

[31-830, added 1991, ch. 19, sec. 1, p. 42; am. 2018, ch. 93, sec. 1, p. 199.]
Idaho Code § 31-845 — Idaho Code / Title 31 / Chapter 8 / Section 31-845
31-845 ENFORCEMENT OF ATTENDANCE AND TESTIMONY.
Status: in_force

31-845. Enforcement of attendance and testimony. A witness is bound to attend, when served, and to answer all questions which he would be bound to answer in the same case before a court of justice. Obedience to the subpoena, or to an order to attend, or to testify, may be enforced by the board, and for that purpose the board has all the powers conferred by, and the witness is subject to all the provisions of, the Code of Civil Procedure.

History:

[(31-845) R.S., sec. 1769; reen. R.C. & C.L., sec. 1920; C.S., sec. 3452; I.C.A., sec. 30-743.]
Idaho Code § 31-2609 — Idaho Code / Title 31 / Chapter 26 / Section 31-2609
31-2609 COUNTY STENOGRAPHERS — DUTIES.
Status: in_force

31-2609. County stenographers — Duties. Said stenographers shall be under the control and direction of the prosecuting attorney of the said county, and it shall be the duty of such stenographers to be present at all preliminary examinations when so requested by the prosecuting attorney, to take and transcribe the testimony of all such witnesses in said examination, and to certify the same as true and correct, which said certificate shall be sufficient proof of the correctness of said depositions, the reading of the same to or by the witness and the signing of the same by the witness being hereby dispensed with. Said stenographers shall also perform such other duties as may be required by the prosecuting attorney in the conduct of his office, and other county business. Nothing in this section shall be construed to provide an exclusive procedure for the taking of testimony at preliminary examinations, and such testimony may be taken by means of a mechanical recording device if the committing magistrate shall so order. In the event such mechanical recording device is used, one of the county stenographers shall upon completion of the hearing forthwith transcribe such testimony and certify the same to be true and correct as elsewhere in this section provided, and such certificate shall be sufficient proof of the correctness of such transcript and depositions and the reading of the same and signing of same by witnesses is hereby dispensed with.

History:

[(31-2609) 1909, p. 146, sec. 2; reen. C.L., sec. 2086b; C.S., sec. 3660; I.C.A., sec. 30-2109; am. 1953, ch. 220, sec. 2, p. 335.]
Idaho Code § 31-1501 — Idaho Code / Title 31 / Chapter 15 / Section 31-1501
31-1501 CLAIMS PRESENTED TO BE ACCOMPANIED BY RECEIPTS.
Status: in_force

31-1501. Claims presented to be accompanied by receipts. The board of commissioners must not hear or consider any claim against the county unless accompanied by a receipt or documentation giving all items of the claim, duly certified by the authorized county official that the amount claimed is justly due or services were rendered. No claim shall be paid if not presented to the board within a year from the date the bill was generated.

History:

[(31-1501) 1868, p. 100, sec. 12; R.S., sec. 1773; reen. R.C. & C.L., sec. 1947; C.S., sec. 3506; am. 1923, ch. 153, sec. 1, p. 223; I.C.A., sec. 30-1105; am. 1973, ch. 288, sec. 1, p. 612; am. and redesig. 1995, ch. 61, sec. 6, p. 136.]
Idaho Code § 31-2301 — Idaho Code / Title 31 / Chapter 23 / Section 31-2301
31-2301 AUDITOR TO DRAW WARRANTS.
Status: in_force

31-2301. Auditor to draw warrants. The auditor must draw warrants on the county treasurer in favor of all persons entitled thereto, in payment of all claims and demands chargeable against the county which have been legally examined, allowed and ordered paid by the board of commissioners; also, for all debts and demands against the county when the amounts are fixed by law, and which are not directed to be audited by some other person or tribunal.

History:

[(31-2301) 1874, p. 556, sec. 26; R.S., sec. 2005; reen. R.C. & C.L., sec. 2052; C.S., sec. 3624; I.C.A., sec. 30-1801.]
Idaho Code § 31-3921 — Idaho Code / Title 31 / Chapter 39 / Section 31-3921
31-3921 INTRA-AGENCY AND MUTUAL AID AGREEMENTS.
Status: in_force

31-3921. intra-agency and mutual aid agreements. Ambulance service 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 and municipalities in Idaho, and in other states, for the purposes of protecting life and for all other purposes of this chapter. Any ambulance service district or county ambulance service responding to a call for emergency assistance to persons or property not situated within the taxing authority of the ambulance service district or county is authorized to charge a reasonable fee for services provided to residents located within the ambulance service district or county in accordance with the requirements and procedures contained in sections 63-1311 and 63-1311A, Idaho Code.

History:

[31-3921, added 2020, ch. 209, sec. 19, p. 614.]
Idaho Code § 31-1419 — Idaho Code / Title 31 / Chapter 14 / Section 31-1419
31-1419 FIRE PROTECTION DISTRICT HAS LEGAL TITLE TO PROPERTY.
Status: in_force

31-1419. Fire protection district has legal title to property. The legal title to all property acquired under the provisions of this chapter shall immediately and by operation of law, vest in such fire protection district, and shall be held by such district in trust for and is hereby dedicated and set apart to the uses and purposes set forth in this chapter. Said board is hereby authorized and empowered to hold, use, acquire, manage, occupy, possess, sell, convey and dispose of said property, whether real or personal, as in this chapter provided; and to institute and maintain any and all actions and proceedings, suits at law or in equity necessary or proper in order to fully carry out the provisions of this chapter, or to enforce, maintain, protect or preserve any and all rights, privileges and immunities created by this chapter or acquired in pursuance thereof. In all courts, actions, suits or proceedings, the said board may sue, appear and defend, in person or by attorneys, and in the name of such fire protection district.

History:

[(31-1419) 31-1417, added 1943, ch. 161, sec. 17, p. 324; am. 1965, ch. 19, sec. 2, p. 32; am. and redesig. 2006, ch. 318, sec. 16, p. 1002.]
Idaho Code § 31-5001 — Idaho Code / Title 31 / Chapter 50 / Section 31-5001
31-5001 CONSTITUTIONAL BASIS — EXCLUSIVE OPTIONAL FORMS OF COUNTY GOVERNMENT.
Status: in_force

31-5001. Constitutional basis — Exclusive optional forms of county government. (1) The purpose of this act is to establish optional forms of county government in compliance with section 12, article XVIII of the Idaho constitution. In addition to the original three (3) member board of county commissioners form of county government authorized by the constitution and laws of the state of Idaho before the enactment of section 12, article XVIII of the Idaho constitution, the following shall be the exclusive optional forms of county government:

(a) The commission-executive, as authorized in chapter 52, title 31, Idaho Code;

(b) The commission-manager, as authorized in chapter 53, title 31, Idaho Code;

(c) The three-member board of county commissioners with changes in other county offices, as authorized in chapter 54, title 31, Idaho Code;

(d) The five-member board of county commissioners, as authorized in chapter 55, title 31, Idaho Code;

(e) The seven-member board of county commissioners, as authorized in chapter 56, title 31, Idaho Code;

(f) Consolidation of offices among counties, with all other characteristics of the government of each participating county to remain unchanged, as authorized in chapter 57, title 31, Idaho Code.

(2) The adoption of an optional form of county government shall not relieve a county from the performance of the duties and responsibilities imposed upon the county, the board of county commissioners or any elected officer of the county by the constitution and laws of the state of Idaho.

History:

[31-5001, added 1996, ch. 283, sec. 1, p. 917.]
Idaho Code § 31-3411 — Idaho Code / Title 31 / Chapter 34 / Section 31-3411
31-3411 NOTICE OF APPEAL.
Status: in_force

31-3411. Notice of appeal. The applicant has the right to appeal the decision of the board. Such appeal shall be filed with the clerk of the board, in writing, within thirty (30) days of the date of the board's denial. If the appeal is denied by the board, the applicant shall be entitled to judicial review of the appeal decision of the board, by filing a complaint with the district court within thirty (30) days of the date of the final written decision of the board. Proceedings under this chapter shall be conducted in substantially the same manner provided in the administrative procedures act, chapter 52, title 67, Idaho Code.

History:

[31-3411, added 1992, ch. 83, sec. 3, p. 261.]
Idaho Code § 31-4508 — Idaho Code / Title 31 / Chapter 45 / Section 31-4508
31-4508 TAXATION.
Status: in_force

31-4508. Taxation. To the extent permitted by the constitution the property acquired by any county pursuant to this act is exempt from taxation except that during any period that such property is leased by or title thereto is retained under an installment purchase contract by such county taxes shall be payable to the same extent as if it were owned by such lessee and such installment purchaser and such taxes shall be paid by such lessee or installment purchaser.

History:

[31-4508, added 1975, ch. 52, sec. 8, p. 105.]
Idaho Code § 31-5009 — Idaho Code / Title 31 / Chapter 50 / Section 31-5009
31-5009 EFFECT OF ADOPTION OF AN OPTIONAL FORM OF COUNTY GOVERNMENT.
Status: in_force

31-5009. Effect of adoption of an optional form of county government. Adoption of an optional form of county government shall not affect the validity of any bond, debt, contract, obligation or cause of action accrued or established under the prior form of government.

History:

[31-5009, added 1996, ch. 283, sec. 1, p. 920.]
Idaho Code § 31-5801 — Idaho Code / Title 31 / Chapter 58 / Section 31-5801
31-5801 CHARTER FORM.
Status: in_force

31-5801. Charter form. The form of government provided in this chapter shall be known as the "charter" form. A charter form of government shall be established by a written charter approved by a majority of the electors of the county as provided in this chapter. The charter form as provided in this chapter shall be an authorized optional form of county government within the meaning of article XVIII, section 12 of the Idaho Constitution, and shall be authorized in addition to those optional forms provided in chapters 50 through 57, title 31, Idaho Code. Unless provided otherwise in this chapter, the provisions of the optional forms of county government act shall apply to this chapter.

History:

[31-5801, added 1996, ch. 129, sec. 1, p. 448.]
Idaho Code § 31-715A — Idaho Code / Title 31 / Chapter 7 / Section 31-715A
31-715A SUMMARIZATION OF ORDINANCES PERMITTED — REQUIREMENTS.
Status: in_force

31-715A. Summarization of ordinances permitted — Requirements. (1) The county may publish a summary of the ordinance which summary shall be approved by the board of county commissioners and which shall include:

(a) The name of the county;

(b) The formal identification or citation number of the ordinance;

(c) A descriptive title;

(d) A summary of the principal provisions of the ordinance, including penalties provided and the effective date;

(e) Any other information necessary to provide an accurate summary; and

(f) A statement that the full text is available and the name, location, and office hours of the agency where a complete copy may be obtained.

(2) Subsection (1) of this section notwithstanding, whenever any publication is made under this section and the proposed or adopted ordinance contains legal descriptions, or contains provisions regarding taxation or penalties concerning real property, then the sections containing this matter shall be published in full and shall not be summarized. When a legal description of real property is involved, the notice shall also include the street address or addresses of the property described, if any. In the case of descriptions covering one or more street addresses, the street addresses of the corners of the area described shall meet this requirement. Maps may be substituted for written legal description of property provided they contain sufficient detail to clearly define the area with which the ordinance is concerned.

(3) Before submission of a summary to a newspaper for publication under this section, the county clerk under seal of the board of county commissioners shall sign a statement, which shall be filed with the ordinance, that the summary is true and complete and provides adequate notice to the public.

(4) The full text of any ordinance which is summarized by publication under this section shall be promptly provided to any citizen on personal request.

History:

[31-715A, added 1981, ch. 136, sec. 1, p. 240; am. 1989, ch. 74, sec. 3, p. 128.]
Idaho Code § 31-1506 — Idaho Code / Title 31 / Chapter 15 / Section 31-1506
31-1506 JUDICIAL REVIEW OF BOARD DECISIONS.
Status: in_force

31-1506. Judicial review of board decisions. (1) Unless otherwise provided by law, judicial review of any final act, order or proceeding of the board as provided in chapter 52, title 67, Idaho Code, shall be initiated by any person aggrieved thereby within the same time and in the same manner as provided in chapter 52, title 67, Idaho Code, for judicial review of actions.

(2) Venue for judicial review of final board actions shall be in the district court of the county governed by the board.

History:

[[31-1506] 31-1509. added 1993, ch. 103, sec. 2, p. 262; am. 1994, ch. 241, sec. 1, p. 760; am. and redesig. 1995, ch. 61, sec. 11, p. 138; am. 2013, ch. 282, sec. 1, p. 731.]
Idaho Code § 31-814 — Idaho Code / Title 31 / Chapter 8 / Section 31-814
31-814 INSURANCE OF COUNTY PROPERTY.
Status: in_force

31-814. Insurance of county property. Where in the discretion of the commissioners it is desirable, they are hereby authorized to make contracts of insurance with any insurance company authorized to transact business within the state providing for insurance against loss by fire, and against any and all hazards on any or all property belonging to the county, including insurance to cover liability for damages to property and for bodily injury arising as a result of the ownership, operation or use of county vehicles. In consideration of the premium at which any such policy shall be written, it shall be a part of the policy contract between the county and the insurance company that the insurance company shall not be entitled to the defense of governmental immunity of the insured. Immunity of the county, against liability damages, is hereby waived to the extent of the liability insurance carried by the county on such vehicles. Nothing herein contained shall be construed to require the making of such contracts of insurance by the commissioners on behalf of the county; provided that the board may create or participate in a self-insured risk program.

History:

[(31-814) R.S., sec. 1759; R.C., sec. 1917n, as added by 1913, ch. 143, sec. 2, p. 508; reen. C.L., sec. 1917n; C.S., sec. 3429; I.C.A., sec. 30-720; am. 1951, ch. 242, sec. 1, p. 507; am. 1989, ch. 145, sec. 1, p. 352; am. 2006, ch. 21, sec. 1, p. 79.]
Idaho Code § 31-5203 — Idaho Code / Title 31 / Chapter 52 / Section 31-5203
31-5203 QUALIFICATIONS AND OFFICE OF EXECUTIVE.
Status: in_force

31-5203. Qualifications and office of executive. (1) No person shall be elected to the office of executive unless he has attained the age of twenty-one (21) years at the time of his election, is a citizen of the United States and has resided within the county one (1) year immediately preceding his election.

(2) Each candidate shall file his declaration of candidacy with the county clerk. Each declaration shall have attached thereto a petition which contains the signatures of not less than five (5) nor more than ten (10) qualified electors.

(3) Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of forty dollars ($40.00) which shall be deposited in the county treasury.

(4) The salary of the executive shall be set by the board of county commissioners and cannot be reduced except as a part of a general salary reduction.

(5) The office of the executive shall be deemed vacant as provided in section 59-901, Idaho Code. The vacancy shall be filled according to the provisions of section 59-906A, Idaho Code.

History:

[31-5203, added 1996, ch. 283, sec. 3, p. 923.]
Idaho Code § 31-3606 — Idaho Code / Title 31 / Chapter 36 / Section 31-3606
31-3606 MEETINGS AND QUORUM.
Status: in_force

31-3606. Meetings and quorum. The county hospital board shall hold its meetings and shall conduct all of its business at a place to be designated by the board of county commissioners or as may be subsequently designated by resolution of the county hospital board, and shall meet at its place of business in regular session on the first Monday of each month, or at such other time as may be adopted by resolution of the county hospital board, and at such other times as may be necessary or convenient for the transaction of its business. Any member of the board absent for three (3) successive regular meetings may be deemed to have resigned from the board and the board of county commissioners shall immediately appoint another person in the manner provided in section 31-3603, Idaho Code, to fill the vacancy so occurring. Special meetings shall be called by the chairman of the county hospital board by written notice of at least three (3) days served upon or delivered to each member of the board. The board may recess or continue to a time certain any meeting, regular or special, by motion adopted and included in its minutes.

History:

[31-3606, added 1946 (1st E.S.), ch. 38, sec. 6, p. 75; am. 1970, ch. 129, sec. 1, p. 303; am. 1982, ch. 340, sec. 3, p. 852.]
Idaho Code § 31-411 — Idaho Code / Title 31 / Chapter 4 / Section 31-411
31-411 PROVISIONS OF GENERAL ELECTION LAWS MADE APPLICABLE.
Status: in_force

31-411. Provisions of general election laws made applicable. The provisions of the general election laws relative to the holding of elections, the appointment of judges and clerks of election, the registration of voters, the solicitation of voters at the polls, the manner of conducting elections, the officers and duties thereof at elections, the counting of ballots and making returns of the results, the canvassing of returns, and all other provisions relating to general elections shall apply to elections held under this act so far as they are applicable and consistent with the provisions hereof, the intention of this act being to place the holding of elections for county consolidations under protection and regulation of general laws now in force, as far as possible, adding thereto the special features herein contained.

History:

[31-411, added 1933, ch. 135, sec. 11, p. 206.]
Idaho Code § 31-3706 — Idaho Code / Title 31 / Chapter 37 / Section 31-3706
31-3706 POWERS OF HOSPITAL BOARD — EXPENSES OF OPERATION.
Status: in_force

31-3706. Powers of hospital board — Expenses of operation. All hospital boards, including boards of trustees of joint county-city hospital authorities, so appointed are authorized, subject to such special regulations as may be from time to time imposed by the county commissioners and/or city council appointing said board, or, in the case of joint county-city hospital authorities, as may be provided in the agreement creating such authority:

1. To take entire charge of and run, manage and operate the hospital for which they were appointed.

2. To promulgate such rules and regulations for the management and operation of such hospital and the conduct of its business and the business of the board as they may deem expedient, not inconsistent with law or the special regulations imposed by the county commissioners and/or city council appointing the board, or, in the case of a county-city hospital authority, with the agreement creating such authority.

3. To employ such persons as they may deem necessary for or in the operation of said hospital and/or the conduct of the business of the board, to fix their compensation and to discharge them at pleasure.

4. To collect and receive all funds accruing from the operation of said hospital and all those appropriated or provided for the management, operation and/or conduct thereof by the city and/or county, and all such funds shall be paid over to the hospital board and held and disbursed by it as herein provided.

5. To exercise such other powers as the appointing authority may delegate to the board.

Said hospital board shall allow and pay all expenses for the management, maintenance and operation of said hospital and the expenses of said board from such funds or any other funds in said board's control, without allowance by either the board of county commissioners or the city council, but no funds in the custody of said hospital board or its treasurer shall be paid out except on order of such hospital board, and said board shall not, without special authorization of the board of county commissioners, create any debt or debts chargeable against the county, nor without special authorization of the city council create any debt or debts chargeable against the city, exceeding in the aggregate the total of the cash in the custody of the hospital board and the appropriations previously made by the city and/or county, available for the payment thereof.

History:

[31-3706, added 1935, ch. 125, sec. 3, p. 293; am. 1995, ch. 221, sec. 4, p. 767.]
Idaho Code § 31-836 — Idaho Code / Title 31 / Chapter 8 / Section 31-836
31-836 LEASE OF COUNTY PROPERTY.
Status: in_force

31-836. Lease of county property. Except as otherwise provided by law, the board of county commissioners may lease any property belonging to the county:

(1) Without public auction for a term not exceeding five (5) years at such rental as may be determined upon by the unanimous vote of such board, or at public auction to the highest bidder for a term not exceeding thirty (30) years. Rents shall be paid annually in advance provided, however, that the provision requiring the payment of rent in advance shall not apply to a lease to the federal or state government, a municipal corporation of this state, or any governmental agency or department.

(2) Any hospital or hospital grounds or portions thereof to be used in conjunction with hospital operations or hospital equipment belonging to the county may be leased by the board without public auction for a term not exceeding thirty-five (35) years; or any property suitable for a shelter intended to house victims of sexual or domestic violence which property belonging to the county may be leased by the board without public auction to any nonprofit corporation or association organized for the purpose of erecting and maintaining a shelter to house victims of sexual or domestic violence for a term not exceeding twenty (20) years; and, provided further, that the county, either as lessor or lessee, may enter into any lease or other transaction concerning any property with the Idaho health facilities authority for any term not to exceed ninety-nine (99) years.

(3) Any property belonging to the county may be leased by the board without public auction for a term not to exceed thirty (30) years, to be used for an industrial park in conjunction with economic development purposes. An industrial park for purposes of this section means facilities for manufacturing, processing, production, assembly warehousing or activities associated therewith.

(4) Without public auction the board of county commissioners may lease any property belonging to the county and not necessary for its use to the state of Idaho or any political subdivision thereof for any public purpose, to any nonprofit corporation or association organized for the purpose of erecting and maintaining thereon any play field, recreation park or stadium to serve as a memorial to the living or deceased soldiers, sailors and marines of an armed conflict entered into by the United States, or to any hospital district organized under chapter 13, title 39, Idaho Code, for use in furthering the purposes of said district or to any nonprofit corporation or association organized for the purpose of erecting and maintaining an animal shelter. Such lease may be for any term not to exceed ninety-nine (99) years, may provide for only a nominal rental to the county and shall, by its provisions, terminate when the property so leased ceases to be used for any public purpose, as an animal shelter, as a play field, recreation park or stadium serving as a memorial, or by the hospital district for its purposes. Nothing in this subsection shall prohibit the naming or title sponsorship of any play field, recreation park or stadium erected and maintained as a memorial as provided in this subsection as long as the play field, recreation park or stadium continues to serve as such memorial.

History:

[(31-836) C.S., sec. 3423a, as added by 1927, ch. 159, sec. 2, p. 212; I.C.A., sec. 30-714; am. 1933, ch. 200, sec. 1, p. 393; am. 1937, ch. 123, sec. 1, p. 184; am. 1939, ch. 26, sec. 1, p. 56; am. 1947, ch. 190, sec. 1, p. 459; am. 1959, ch. 49, sec. 1, p. 104; am. 1961, ch. 103, sec. 1, p. 152; am. 1967, ch. 24, sec. 1, p. 41; am. 1977, ch. 60, sec. 2, p. 116; am. 1988, ch. 310, sec. 1, p. 966; am. 1989, ch. 115, sec. 1, p. 260; am. 1994, ch. 158, sec. 1, p. 358; am. 1995, ch. 156, sec. 1, p. 634; am. 2000, ch. 128, sec. 1, p. 303; am. 2014, ch. 117, sec. 1, p. 333.]
Idaho Code § 31-2124 — Idaho Code / Title 31 / Chapter 21 / Section 31-2124
31-2124 WARRANTS OF MUNICIPAL OR QUASI-MUNICIPAL CORPORATIONS — INTEREST RATE AFTER PRESENTMENT FOR PAYMENT.
Status: in_force

31-2124. Warrants of municipal or quasi-municipal corporations — Interest rate after presentment for payment. The supervising board of every municipal or quasi-municipal corporation of any kind or class, specially chartered cities, school districts, of any kind or class, specially chartered school district, irrigation district, drainage district, stumpage district, highway district or other quasi-municipal district, now or hereafter created or organized and authorized by law to issue warrants for the payment of its indebtedness, and the board of county commissioners for any common or joint common school district within its county are hereby authorized by resolution, duly passed and approved at any regular or special meeting thereof, to fix the rate of interest, that warrants drawn by authority of such supervising board, or the county auditor for such common or joint common school district, shall draw after the same have been presented to the treasurer thereof for payment and not paid for want of funds.

History:

[31-2124, added 1935, ch. 99, sec. 1, p. 208; am. 1980, ch. 61, sec. 2, p. 119.]
Idaho Code § 31-3709 — Idaho Code / Title 31 / Chapter 37 / Section 31-3709
31-3709 LIABILITY OF DEPOSITORY OR BOARD MEMBER OR OFFICER.
Status: in_force

31-3709. Liability of depository or board member or officer. No bank or trust company accepting such deposits shall have any duty or obligation whatsoever as to the disposition of any funds so deposited by either said board or any member, officer or agent thereof, or by the person designated to check against the same, nor be liable in any respect for the misappropriation, misapplication or wrongful use or disposal thereof by such board or any officer, member or agent thereof, or by any person designated to check against the same, and neither the board nor any member, officer or agent thereof shall be liable either personally or on any bond for the nonpayment by any bank or trust company of funds deposited with it pursuant to and in conformity with the provisions of this act.

History:

[31-3709, added 1935, ch. 125, sec. 6, p. 293.]
Idaho Code § 31-4602 — Idaho Code / Title 31 / Chapter 46 / Section 31-4602
31-4602 JUSTICE FUND ESTABLISHMENT.
Status: in_force

31-4602. Justice fund establishment. The board of county commissioners of any county may, in conjunction with development of their annual budget, by resolution adopted at a public meeting of the board, establish a county justice fund to provide funding for the operation of the county sheriff's office, construction, remodeling, operation and maintenance of county jails, juvenile detention facilities and/or county courthouses, operation of the prosecuting attorney's office, provision of public defender service and otherwise court-appointed counsel, and operation of the office of the clerk of the district court, to the extent that operation of that office provides support for the district court. The justice fund shall be separate and distinct from the county current expense fund and expenditures from the justice fund shall be solely dedicated to the purposes set forth in this section.

At the discretion of the board of county commissioners, funds deposited in the county justice fund may be allowed to accumulate over a period of years for designated capital improvements or be expended on a regular basis.

History:

[31-4602, added 1990, ch. 216, sec. 1, p. 579; am. 2018, ch. 93, sec. 2, p. 200.]
Idaho Code § 31-5802 — Idaho Code / Title 31 / Chapter 58 / Section 31-5802
31-5802 ELECTION OF CHARTER COMMISSION — CHARTER SUBMITTED TO ELECTORS.
Status: in_force

31-5802. Election of charter commission — Charter submitted to electors. (1) The charter to be submitted to the electors shall be drafted by a charter commission to be elected upon the approval of a petition or resolution to elect a charter commission as provided in subsection (2) of this section.

(2) The question of whether a charter commission shall be elected shall be submitted to the voters upon a petition or resolution initiated as provided in section 31-5004(1), Idaho Code. The petition or resolution to elect a charter commission shall contain a statement of the anticipated costs and expenditures of the charter commission and a description of the revenue sources intended to meet those costs and expenditures.

(3) The question of electing a charter commission shall be submitted as follows:

Shall a charter commission, comprised of (state number) commissioners, be elected to draft a charter for (name county)?

(4) Any county approving the election of a charter commission shall continue to operate under its existing form of government until a charter has been approved by the electors. If a charter has not been adopted by the electors within four (4) years of the election of a charter commission, the charter commission shall be deemed dissolved by operation of law. Any subsequent question of whether a charter commission should be elected to draft a proposed charter for the county must be resubmitted to the electors as provided in this chapter.

(5) The charter commission shall submit a proposed charter to the electors at a general election. If the charter commission submits a charter to the electors, the question shall be submitted as follows:

Vote for one:

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

In favor of adopting the charter proposed for (name county).

(6) Any amendment to a charter must be approved by a majority of the electors of the county voting at a general election. Amendments may be submitted upon a majority vote of the governing body, or upon a petition to amend the charter, the requirements for which shall be specified in the charter.

History:

[31-5802, added 1996, ch. 129, sec. 1, p. 448.]
Idaho Code § 31-4921 — Idaho Code / Title 31 / Chapter 49 / Section 31-4921
31-4921 DISSOLUTION.
Status: in_force

31-4921. Dissolution. A district may be dissolved by the unanimous action, expressed by resolution of the commissioners, of the participating counties; provided, that no dissolution shall occur while any indebtedness of the district remains outstanding unless provision for the payment of all such indebtedness first be duly made.

History:

[31-4921, added 1990, ch. 390, sec. 1, p. 1092.]
Idaho Code § 31-4905 — Idaho Code / Title 31 / Chapter 49 / Section 31-4905
31-4905 CONFLICT OF INTEREST PROHIBITED.
Status: in_force

31-4905. Conflict of interest prohibited. No member of a district board, employee, or agent of a district shall acquire any interest in any property or contract of the district.

History:

[31-4905, added 1990, ch. 390, sec. 1, p. 1087.]
Idaho Code § 31-871A — Idaho Code / Title 31 / Chapter 8 / Section 31-871A
31-871A RETENTION OF COUNTY RECORDS USING PHOTOGRAPHIC AND DIGITAL MEDIA.
Status: in_force

31-871A. retention of county records using photographic and digital media. (1) A county official may reproduce and retain documents in a photographic, digital or other nonpaper medium. The medium in which a document is retained shall accurately reproduce the document in paper form during the period for which the document must be retained and shall preclude unauthorized alteration of the document.

(2) If the medium chosen for retention is photographic, all film used must meet the quality standards of the American national standards institute (ANSI).

(3) If the medium chosen for retention is digital, the medium must provide for reproduction on paper at a resolution of at least two hundred (200) dots per inch.

(4) A document retained by the county in any form or medium permitted under this section shall be deemed an original public record for all purposes. A reproduction or copy of such a document, certified by the county official, shall be deemed to be a transcript or certified copy of the original and shall be admissible before any court or administrative hearing.

(5) Once a paper document is retained in a nonpaper medium as authorized by this section, the original paper document may be disposed of or returned to the sender.

(6) Whenever any record is reproduced by photographic or digital process as herein provided, it shall be made in duplicate, and the custodian thereof shall place one (1) copy in a fire-resistant vault, or off-site storage facility, and he shall retain the other copy in his office with suitable equipment for displaying such record at not less than original size and for making copies of the record.

History:

[31-871A, added 2014, ch. 237, sec. 4, p. 599.]
Idaho Code § 31-3221 — Idaho Code / Title 31 / Chapter 32 / Section 31-3221
31-3221 PAYMENTS TO COURT BY CREDIT CARD OR DEBIT CARD.
Status: in_force

31-3221. Payments to court by credit card or debit card. (1) The clerk of the district court may accept payment of a debt owed to the court by a credit card or debit card. Any person making payment on a debt owed to the court by a credit card or debit card shall be assessed an electronic payment convenience fee established by the supreme court, which shall include, among other costs, the amount charged the court by the issuer for the use of the card. This fee may also be paid by credit card or debit card and included in the transaction for the payment of the debt owed to the court. The electronic payment convenience fee shall be separate from the debt owed to the court and shall be used for the implementation of the provisions of this section. The debt owed to the court shall not be expunged, canceled, released, discharged or satisfied and any receipt or other evidence of payment shall be deemed conditional until the court has received final and unconditional payment of the full amount due from the financing agency or card issuer for the transaction. If an electronic payment once made is subsequently denied, revoked or otherwise canceled for any reason, and the payment is withdrawn from the court, the court may proceed as though payment had never been made.

(2) Definitions. As used in this section:

(a) "Cardholder" means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.

(b) "Credit card" means any instrument or device, whether known as a credit card or credit plate or by any other name, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.

(c) "Debit card" means any instrument or device, whether known as a debit card or by any other name, issued with or without a fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds.

(d) "Debt owed to the court" means any assessment of fines, court costs, surcharges, penalties, fees, restitution, cash deposit of bail, moneys expended in providing counsel and other defense services to indigent defendants, or other charges that a court judgment has ordered to be paid to the court or that a party has agreed to pay in criminal or civil cases and includes any interest or penalty on such unpaid amounts as provided for in the judgment or by law.

(e) "Issuer" means a business organization, financial institution or authorized agent of a business organization or financial institution that issues a credit card or debit card.

(3) The supreme court may adopt rules as deemed appropriate for the administration of this section and may enter into contracts with an issuer or other organization to implement the provisions of this section.

History:

[31-3221, added 2003, ch. 287, sec. 1, p. 777; am. 2006, ch. 73, sec. 2, p. 226; am. 2014, ch. 190, sec. 8, p. 513; am. 2024, ch. 251, sec. 1, p. 886.]
Idaho Code § 31-119 — Idaho Code / Title 31 / Chapter 1 / Section 31-119
31-119 CLARK COUNTY.
Status: in_force

31-119. Clark county. Clark county is described as follows: beginning at a point on the Idaho-Montana state line directly north of the point where the east line of section four (4), township thirteen (13) north, range forty-one (41) east, Boise meridian, intersects the north line of said township thirteen (13) north;

Eastern boundary. Thence south to the southeast corner of section thirty-three (33), township thirteen (13) north, range forty-one (41) east, Boise meridian; thence west along the south line of said township thirteen (13) to the southwest corner of section thirty-one (31), township thirteen (13) north, range forty (40) east, Boise meridian; thence south along the range line between range thirty-nine (39) east, Boise meridian, and range forty (40) east, Boise meridian, to its intersection with the south line of township twelve (12) north; thence west along the south line of said township twelve (12) north, to the southeast corner of section thirty-three (33), township twelve (12) north, range thirty-nine (39) east, Boise meridian; thence south to what will be, when surveyed, the southeast corner of section sixteen (16), township ten (10) north, range thirty-nine (39) east, Boise meridian; thence west to the southeast corner of section thirteen (13), township ten (10) north, range thirty-eight (38) east, Boise meridian; thence south along the range line between range thirty-eight (38) east, Boise meridian, and range thirty-nine (39) east, Boise meridian, to its intersection with the south line of township ten (10) north; thence west along the said south line of township ten (10) north, to its intersection with the range line between range thirty-seven (37) east, Boise meridian, and thirty-eight (38) east, Boise meridian; thence south along said range line to its intersection with the south line of township nine (9) north;

Southern boundary. Thence west along south line of said township nine (9), to its intersection with the range line between range thirty-one (31) east, Boise meridian, and range thirty-two (32) east, Boise meridian; thence south along said range line to its intersection with the south line of township eight (8) north; thence west along said township line to the corner of sections three (3), four (4), thirty-three (33) and thirty-four (34), townships seven (7) and eight (8) north, range twenty-nine (29) east, the eastern boundary line of Butte county;

Western boundary. Thence north along the section line and the eastern boundary line of Butte county to the corner of sections three (3), four (4), thirty-three (33) and thirty-four (34), township ten (10) and eleven (11) north, range twenty-nine (29) east; thence east along said township line to its intersection with the range line between range thirty (30) east, Boise meridian, and range thirty-one (31) east, Boise meridian, being the southeast corner of Lemhi county; thence north along said range line to the Idaho-Montana state line;

Northern boundary. Thence easterly along said state line to the point of beginning.

County seat–Dubois.

History:

[(31-119) 1919, ch. 3, secs. 2, 5, p. 4; C.S., sec. 23; 1921, ch. 194, sec. 1, p. 395; I.C.A., sec. 30-119.]
Idaho Code § 31-4908 — Idaho Code / Title 31 / Chapter 49 / Section 31-4908
31-4908 APPORTIONMENT OF ANNUAL COSTS TO COUNTIES.
Status: in_force

31-4908. Apportionment of annual costs to counties. Any costs of the district for the ensuing year, in excess of the fees and other revenues anticipated to be received directly by the district, shall be allocated to the participating counties in accordance with the annual budget approved by the district board. Costs shall be allocated on a per capita, weight, or volume basis, or any combination thereof designed to achieve an equitable distribution of costs in relation to the benefits derived to each county. Any participating county may finance its share of such costs in accordance with section 31-4404, Idaho Code. It shall be the duty of each participating county to remit its apportioned amount to the district at such time or times as specified in the annual budget approved by the district board.

History:

[31-4908, added 1990, ch. 390, sec. 1, p. 1089.]
Idaho Code § 31-1432 — Idaho Code / Title 31 / Chapter 14 / Section 31-1432
31-1432 CONSTRUCTION OF CHAPTER.
Status: in_force

31-1432. Construction of chapter. The provisions of this chapter shall be liberally construed to effect the purposes thereof.

History:

[(31-1432) 31-1431, added 1943, ch. 161, sec. 31, p. 324; am. and redesig. 2006, ch. 318, sec. 32, p. 1010.]
Idaho Code § 31-5605 — Idaho Code / Title 31 / Chapter 56 / Section 31-5605
31-5605 OTHER OFFICES.
Status: in_force

31-5605. Other offices. (1) The resolution or petition to adopt the form of government provided in this chapter shall further define the structure of the form by including one (1) selection from the choices specified for each of the offices listed in sections 31-5606 through 31-5611, Idaho Code.

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

History:

[31-5605, added 1996, ch. 283, sec. 7, p. 942.]
Idaho Code § 31-3616A — Idaho Code / Title 31 / Chapter 36 / Section 31-3616A
31-3616A DISPOSAL OF PERSONAL PROPERTY.
Status: in_force

31-3616A. Disposal of personal property. Notwithstanding the provisions of section 31-808, Idaho Code, county hospital boards may dispose of personal property previously purchased, paid for, or otherwise acquired by the board, so long as any such property to be disposed of has a resale or salvage value not in excess of five thousand dollars ($5,000) and is not a fixture under section 55-101, Idaho Code; provided, that the board shall notify the public of its intent to dispose of any such property prior to sale by publication once in a newspaper of general circulation within the county. Where any such property, regardless of resale or salvage value may, in the board's judgment, pose a threat to public health or safety if disposed of at public auction, the board is authorized to dispose of it without regard to the provisions of section 31-808, Idaho Code.

History:

[31-3616A, added 1981, ch. 43, sec. 1, p. 66; am. 1982, ch. 340, sec. 9, p. 856.]
Idaho Code § 31-5803 — Idaho Code / Title 31 / Chapter 58 / Section 31-5803
31-5803 CHARTER COMMISSION — QUALIFICATIONS — ELECTION.
Status: in_force

31-5803. Charter commission — Qualifications — Election. (1) The petition or resolution to elect a charter commission shall specify the number of commissioners to be elected, which shall be an odd number of not less than five (5) nor more than nine (9) members. Members of the commission shall be elected on a nonpartisan basis.

(2) The question to elect a charter commission shall be submitted at the primary election. If the question receives a majority vote, the members of the commission shall be elected at the following general election.

(3) Each member of the charter commission shall be a qualified elector of the county and shall have resided in the county one (1) year preceding his election. Elected officials of the county shall not be eligible.

History:

[31-5803, added 1996, ch. 129, sec. 1, p. 449.]
Idaho Code § 31-4118 — Idaho Code / Title 31 / Chapter 41 / Section 31-4118
31-4118 MEETINGS — OPEN TO PUBLIC — PLACE.
Status: in_force

31-4118. Meetings — Open to public — Place. The board of trustees shall meet once a month at a regular time and place to transact the business of the district, the time and place to be fixed by the trustees and any change in the time and place of meetings shall be given by publication of notice in a newspaper most likely to give notice to the taxpayers within the district. All the meetings shall be open in their entirety to the public and all meetings shall be held at some place within the area of the television district.

History:

[31-4118, added 1969, ch. 308, sec. 18, p. 944.]
Idaho Code § 31-4114 — Idaho Code / Title 31 / Chapter 41 / Section 31-4114
31-4114 POWERS AND DUTIES.
Status: in_force

31-4114. Powers and duties. A translator district organized under this act, acting through its board of trustees may:

a. Perform all the acts and take all the necessary or proper steps to assure that there will be a fair, efficient, and equitable distribution of television services within the area in order that all persons within the service area shall be supplied by means of an appropriate electrical or electronic system for television program distribution, but may not perform any acts or take any steps to construct or operate community antenna systems, commonly known and referred to as cable TV systems; the authorized system to provide such flexibility as to permit improvements in technical quality;

b. If necessary or proper in the furtherance of the objects of this act, acquire, build, construct, repair, own, maintain and operate any necessary stations transmitting simultaneous signals intended to be received by the general public, relay stations, pick-up stations, or any other electrical or electronic system necessary;

c. Make contracts to compensate any owner of land or other property for the use of such property for the purposes of this act;

d. Make contracts with the United States, or any state, municipality or any department or agency of those entities for carrying out the general purposes for which the district is formed;

e. Acquire by gift, devise, bequest, lease, purchase, or eminent domain real and personal property, tangible or intangible, including lands, rights of way and easements, necessary or convenient for its purposes;

f. To make contracts of any lawful nature (including labor contracts or those for employees' benefits), employ engineers, laboratory personnel, attorneys, other technical or professional assistants, and any other assistants or employees necessary to carry out the provisions of this act;

g. Prescribe assessment rates for the providing of services throughout the area in accordance with the provisions of this act;

h. And, apply for, accept, and be the holder of any permit or license issued by or required under federal or state law.

History:

[31-4114, added 1969, ch. 308, sec. 14, p. 944.]
Idaho Code § 31-4818 — Idaho Code / Title 31 / Chapter 48 / Section 31-4818
31-4818 IDAHO EMERGENCY COMMUNICATIONS FUND — ESTABLISHMENT AND ADMINISTRATION.
Status: in_force

31-4818. Idaho emergency communications fund — Establishment and administration. (1) There is hereby created within the treasury of the state of Idaho a separate fund known as the Idaho emergency communications fund, which shall consist of moneys received from counties, cities, consolidated emergency communications operations, the fee imposed pursuant to the provisions of section 31-4813, Idaho Code, grants, donations, gifts and revenues from any other source to support the delivery of consolidated emergency communications systems.

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

(3) Annually, at the direction of the commission, not more than one percent (1%) of the total emergency communications fees collected in the state of Idaho is hereby dedicated for and shall be placed in the fund on a quarterly basis by county, city or consolidated emergency communications systems. The commission, on an annual basis, shall prepare a budget indicating that portion of the fee necessary for the continuous operation of the commission to achieve the purposes of this chapter.

(4) The commission shall authorize disbursement of moneys in the fund to eligible entities.

(5) The state treasurer shall invest idle moneys in the fund and interest earned from such investments shall be returned to the fund.

(6) Funds received from the fee imposed pursuant to the provisions of section 31-4813, Idaho Code, shall be distributed quarterly to each governing board based upon population served, excluding one percent (1%) to be used for administration of the emergency communications commission as described in this section.

(7) This act is necessary for the immediate preservation of the public peace, health, safety or support of the state government and its existing public institutions and takes effect January 1, 2014.

History:

[31-4818, added 2004, ch. 325, sec. 2, p. 976; am. 2008, ch. 379, sec. 1, p. 1048; am. 2013, ch. 224, sec. 3, p. 528.]
Idaho Code § 31-106 — Idaho Code / Title 31 / Chapter 1 / Section 31-106
31-106 BEAR LAKE COUNTY.
Status: in_force

31-106. Bear Lake county. Bear Lake county is described as follows: beginning at the twenty-third (23d) mile post on the boundary line between Utah and Idaho;

Western boundary. Thence northerly along the summit of the range of mountains between Cache valley and Bear Lake valley to the corner of townships nine (9) and ten (10) south, range forty-one (41) east;

Northern boundary. Thence east twelve (12) miles; thence north to the summit of the divide between the waters of Bear river and the waters of Blackfoot river; thence easterly along said last named summit to the line between Wyoming and Idaho;

Eastern boundary. Thence south on said last named line to the southeast corner of Idaho;

Southern boundary. Thence west to the place of beginning.

County seat–Paris.

History:

[(31-106) Compiled and reen. C.L. 3:6; C.S., sec. 10; I.C.A., sec. 30-106.]
Idaho Code § 31-5405 — Idaho Code / Title 31 / Chapter 54 / Section 31-5405
31-5405 COUNTY TREASURER, EX OFFICIO TAX COLLECTOR AND PUBLIC ADMINISTRATOR.
Status: in_force

31-5405. County treasurer, ex officio tax collector and public administrator. For purposes of this act, the duties of the county treasurer as ex officio public administrator shall be as provided in chapter 1, title 14, Idaho Code; and the duties of the county treasurer as county treasurer and ex officio tax collector shall be as provided in chapters 15 and 21, title 31, Idaho Code, and title 63, Idaho Code, and as otherwise prescribed by law. A county treasurer, ex officio tax collector and public administrator:

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

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

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

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

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

History:

[31-5405, added 1996, ch. 283, sec. 5, p. 934.]
Idaho Code § 31-3614 — Idaho Code / Title 31 / Chapter 36 / Section 31-3614
31-3614 TAXING UNIT — TAX ANTICIPATION NOTES OR WARRANTS AUTHORIZED.
Status: in_force

31-3614. Taxing unit — Tax anticipation notes or warrants authorized. Upon the creation and appointment of the county hospital board by the board of county commissioners the county hospital board shall become and be a taxing unit under the provisions of the Idaho budget law, and as such shall be empowered to issue tax anticipation notes or warrants as provided by law for hospital operation.

History:

[31-3614, added 1946 (1st E.S.), ch. 38, sec. 14, p. 75.]
Idaho Code § 31-4403 — Idaho Code / Title 31 / Chapter 44 / Section 31-4403
31-4403 OPERATION AND MAINTENANCE.
Status: in_force

31-4403. Operation and maintenance. (1) It shall be the duty of the board of county commissioners in each of the several counties to acquire sites or facilities, and maintain and operate solid waste disposal systems. Such maintenance and operation may, by exclusive or nonexclusive means, be performed through or by:

(a) Employees, facilities, equipment, and supplies hired by or acquired by the board of county commissioners;

(b) Contracts, franchises, or otherwise entered into by the board to have the maintenance and operation performed by private persons;

(c) Contracts entered into by the board to have the maintenance and operation performed by another unit of government;

(d) Contracts, franchises, or otherwise granted pursuant to law by the board, for all or any part or parts of the county; or

(e) Any combination of paragraphs (a), (b), (c), and (d) of this subsection.

(2) Notwithstanding any other provision of law to the contrary, in order to provide for the public health, safety, and well-being, the board of county commissioners or another unit of state government may determine whether solid waste disposal systems services are to be provided by means of a contract, franchise, or otherwise, pursuant to subsection (1)(b) of this section, or any contract, franchise, or otherwise awarded pursuant to subsection (1)(d) of this section, with or without compulsory competitive bidding.

(3) Notwithstanding any county contract or franchise for solid waste collection to the contrary, any person may contract with a solid waste collection provider of the person's choosing for the use of solid waste collection containers that are temporary and project-specific, as defined by county ordinance.

(4) The board of county commissioners, before entering into such contracts, franchises, or otherwise, may require such security for the performance thereof as it deems appropriate or may waive such undertaking.

History:

[31-4403, added 1970, ch. 104, sec. 3, p. 259; am. 1971, ch. 61, sec. 3, p. 137; am. 1979, ch. 109, sec. 2, p. 346; am. 1986, ch. 19, sec. 2, p. 60; am. 2004, ch. 144, sec. 1, p. 474; am. 2026, ch. 75, sec. 1, p. 318.]
Idaho Code § 31-1903 — Idaho Code / Title 31 / Chapter 19 / Section 31-1903
31-1903 BUILDING, ROAD, BRIDGE, AIR NAVIGATION AND OPEN-SPACE BONDS.
Status: in_force

31-1903. Building, road, bridge, air navigation and open-space bonds. When the interests of the county require it and the board of commissioners of the county deem it for the public good to bond the county to fund or refund the outstanding obligations or indebtedness of the county or bond the county for the purpose of acquiring funds for purchasing a site and erecting a courthouse and jail, a public auditorium or a jail thereon, or for the construction or repair of roads or bridges, or to assist any city or village in said county in constructing a free bridge over any navigable stream within, or partly within, or adjoining, the limits of any such city or village, or for purchasing, improving and equipping air navigation facilities as defined in chapter 4, title 21, Idaho Code, which facilities may be wholly or partly within or without the limits of such county, or wholly or partly within or without the state of Idaho, or for purchasing public open-space land and/or easements for scenic and recreational purposes, or for any one (1) or more said purposes, and the indebtedness or liability of the county that may be created by the bonding, funding or refunding aforesaid, or in purchasing a site and erecting a courthouse and jail, a public auditorium or a jail thereon, and for the construction or repair of roads or bridges, or for assisting any city or village in the construction of any such free bridge as aforesaid, or for purchasing, improving and equipping air navigation facilities, or for purchasing public open-space land and/or easements for scenic and recreational purposes, or for any one (1) or more of said purposes, exceeds the income or revenue of the county for that year, the board of commissioners may issue bonds of the county as provided by sections 31-1901 and 31-1902, Idaho Code, and by the "municipal bond law" of the state of Idaho: provided, that the issuance of such bonds, except funding or refunding bonds, be first authorized by a vote of two-thirds (2/3) of the qualified electors of the county, voting at an election held, subject to the provisions of section 34-106, Idaho Code, for that purpose, as hereinafter provided and as provided in the "municipal bond law" and, provided, further, that before the board of county commissioners shall issue any bonds to fund or refund the indebtedness of the county as in the section provided, they shall deduct from the legal indebtedness of the county, at the time of the issue of said bonds, the cash on hand in the county treasury applicable to the discharge of said indebtedness, and may issue bonds for the remainder of the indebtedness.

History:

[(31-1903) R.S., sec. 3604; am. 1895, p. 56, sec. 1; reen. 1899, p. 136, sec. 1; am. 1899, p. 443, sec. 1, subd. 3604; reen. R.C. & C.L., sec. 1962; C.S., sec. 3521; am. 1927, ch. 262, sec. 11, p. 546; I.C.A., sec. 30-1403; am. 1955, ch. 239, sec. 1, p. 537; am. 1967, ch. 59, sec. 1, p. 122; am. 1995, ch. 118, sec. 31, p. 456; am. 1999, ch. 125, sec. 1, p. 365.]
Idaho Code § 31-4819 — Idaho Code / Title 31 / Chapter 48 / Section 31-4819
31-4819 ENHANCED EMERGENCY COMMUNICATIONS GRANT FEE.
Status: in_force

31-4819. Enhanced emergency communications grant fee. (1) On and after July 1, 2013, there shall be an enhanced emergency communications grant fee established by virtue of authority granted by this chapter. The fee shall be twenty-five cents (25¢) per month per access or interconnected VoIP service line.

(a) Such fee shall be authorized by resolution of a majority vote of the board of commissioners of a countywide system or by the governing board of a 911 service area.

(b) Such fee shall be remitted to the Idaho emergency communications fund provided in section 31-4818(1), Idaho Code, on a quarterly basis by county, city or consolidated emergency communications systems. Annually, at the discretion of the commission, a budget shall be prepared allocating a portion of the available grant funds for administration of the grant program. The remaining grant funds shall be dedicated for and shall be authorized for disbursement as grants to eligible entities that are operating consolidated emergency communications systems for use to achieve the purposes of this chapter. Grant funds shall coincide with the strategic goals as identified by the commission in its annual report to the legislature. Grant funds may also be budgeted for and utilized for the establishment of next generation consolidated emergency systems (NG911) within the state.

(2) The commission, on an annual basis, shall prepare a budget allocating the grant funds available to eligible entities and the portion of the funds necessary for the continuous operation of the commission to achieve the purposes of this chapter.

(3) To be eligible for grant funds under this chapter, a county or 911 service area must be collecting the emergency communications fee in accordance with section 31-4804, Idaho Code, in the full amount authorized and must also be collecting the enhanced emergency communications grant fee in the full amount authorized in this subsection.

(4) If a county or 911 service area has authorized the collection of the enhanced emergency communications grant fee pursuant to this chapter, such county or 911 service area shall retain the full amount of the emergency communications fee that was set by the board of commissioners or governing board pursuant to section 31-4803, Idaho Code. The county or 911 service area is then also exempt from remitting to the Idaho public safety communications commission one percent (1%) of the total emergency communications fee received by the county or 911 service area as required in section 31-4818(3), Idaho Code. The remaining funds from the enhanced emergency communications grant fee collected shall then be remitted by the county or 911 service area to the Idaho public safety communications commission.

History:

[31-4819, added 2008, ch. 379, sec. 2, p. 1049; am. 2013, ch. 260, sec. 1, p. 636; am. 2014, ch. 97, sec. 21, p. 285; am. 2016, ch. 127, sec. 8, p. 372.]
Idaho Code § 31-4116 — Idaho Code / Title 31 / Chapter 41 / Section 31-4116
31-4116 COMPENSATION.
Status: in_force

31-4116. Compensation. The board of trustees of the district shall serve without compensation but shall be reimbursed for reasonable expenses incurred in the operation of the translator district.

History:

[31-4116, added 1969, ch. 308, sec. 16, p. 944.]
Idaho Code § 31-2810 — Idaho Code / Title 31 / Chapter 28 / Section 31-2810
31-2810 CONTINUING EDUCATION REQUIREMENTS.
Status: in_force

31-2810. continuing education requirements. (1) After January 1, 2010, each county coroner shall complete twenty-four (24) hours of continuing education on a biennial calendar basis.

(2) For the purpose of each county coroner being certified, the Idaho state association of county coroners shall either sponsor or provide courses pursuant to this section and monitor this requirement.

(3) Sponsored or approved courses shall be approved by a nationally recognized certifying body.

History:

[31-2810, added 2010, ch. 355, sec. 3, p. 933; am. 2025, ch. 96, sec. 6, p. 514.]
Idaho Code § 31-5409 — Idaho Code / Title 31 / Chapter 54 / Section 31-5409
31-5409 COUNTY PROSECUTING ATTORNEY.
Status: in_force

31-5409. County prosecuting attorney. For purposes of this act, the duties of the county prosecuting attorney shall be as provided in chapter 26, title 31, Idaho Code, and as otherwise prescribed by law. A county prosecuting attorney:

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

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

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

(4) The office shall be eliminated with the duties and responsibilities of the office to be performed by one (1) or more other qualified elected officers, 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:

[31-5409, added 1996, ch. 283, sec. 5, p. 936.]
Idaho Code § 31-2014 — Idaho Code / Title 31 / Chapter 20 / Section 31-2014
31-2014 CERTAIN OFFICERS NOT TO PRACTICE LAW.
Status: in_force

31-2014. Certain officers not to practice law. Sheriffs, clerks of courts and their deputies are prohibited from practicing law or acting as attorneys or counselors-at-law, or having as a partner a lawyer or any one who acts as such. Provided, however, any county elected official, with the approval of the board of county commissioners, may hire an attorney to act as his legal advisor.

History:

[(31-2014) R.S., sec. 1827; reen. R.C. & C.L., sec. 1986; C.S., sec. 3556; I.C.A., sec. 30-1514; am. 1989, ch. 347, sec. 4, p. 874.]
Idaho Code § 31-4817 — Idaho Code / Title 31 / Chapter 48 / Section 31-4817
31-4817 IDAHO PUBLIC SAFETY COMMUNICATIONS COMMISSION — MEDIATION.
Status: in_force

31-4817. Idaho public safety communications commission — Mediation. In the event that a dispute arises between local government entities over the governance of operations of consolidated emergency communications systems and interoperable public safety communications and data systems, those local governments shall be required, prior to initiating any legal action, to submit the contested issue or issues to the commission for purposes of mediation. The commission shall have sixty (60) days from the date of submission of any issues to mediate and recommend a course of action to the local governments involved in the dispute. Any recommendation of the commission shall be advisory only and shall not be binding on the parties involved. After receipt of any recommendation by the commission, the local governments may accept in whole or in part the recommendations or may initiate legal action as provided by contract or law.

History:

[31-4817, added 2004, ch. 325, sec. 2, p. 975; am. 2016, ch. 127, sec. 7, p. 371.]
Idaho Code § 31-3207 — Idaho Code / Title 31 / Chapter 32 / Section 31-3207
31-3207 AUDITOR'S FEES.
Status: in_force

31-3207. Auditor's fees. For services as county auditor, not enumerated in this chapter, the fee fixed by the statute requiring the service shall be charged and collected, or the same fee as allowed the county recorder as provided by section 31-3205, Idaho Code, shall be charged and collected.

History:

[(31-3207) 1890-1891, p. 174, sec. 4; reen. 1899, p. 116, sec. 4; modified by 1899, p. 405; compiled R.C., sec. 2124; reen. 1911, ch. 173, sec. 1, p. 567; compiled and reen. C.L., sec. 2124b; C.S., sec. 3708; I.C.A., sec. 30-2707; am. 1989, ch. 72, sec. 1, p. 116.]
Idaho Code § 31-2007 — Idaho Code / Title 31 / Chapter 20 / Section 31-2007
31-2007 APPOINTMENT TO BE DOCUMENTED AND FILED.
Status: in_force

31-2007. Appointment to be documented and filed. The appointment of deputies and subordinate officers must be documented and filed in the office of the county recorder.

History:

[(31-2007) 1874, pp. 543, sec. 14; 1874, p. 556, sec. 6; R.S., sec. 1819; reen. R.C. & C.L., sec. 1979; C.S., sec. 3549; I.C.A., sec. 30-1507; am. 1989, ch. 347, sec. 3, p. 874.]
Idaho Code § 31-869 — Idaho Code / Title 31 / Chapter 8 / Section 31-869
31-869 DEVELOPMENT OF ENERGY SYSTEMS.
Status: in_force

31-869. Development of energy systems. The boards of county commissioners of their respective counties are empowered to establish, create, develop, own, maintain and operate or contract for the ownership, operation and maintenance of energy facilities as follows:

(1) Geothermal energy systems for heating for the benefit of the county and the residents of the county.

(2) Electrical generation plants not to exceed twenty-five (25) megawatts in capacity which use as a fuel source landfill gas, wood waste or other biomass fuels. All the electricity produced from the electrical generation facility shall be sold by the county at wholesale.

History:

[(31-869) 31-868, added 1979, ch. 312, sec. 1, p. 844; am. and redesig. 2005, ch. 25, sec. 39, p. 98; am. 2006, ch. 210, sec. 1, p. 639.]
Idaho Code § 31-4501 — Idaho Code / Title 31 / Chapter 45 / Section 31-4501
31-4501 SHORT TITLE.
Status: in_force

31-4501. Short title. This act may be referred to and cited as the "Idaho Pollution Control Financing Act."

History:

[31-4501, added 1975, ch. 52, sec. 1, p. 105.]
Idaho Code § 31-2404 — Idaho Code / Title 31 / Chapter 24 / Section 31-2404
31-2404 INDEXES TO BE KEPT.
Status: in_force

31-2404. Indexes to be kept. Every recorder must keep:

(1) An index of deeds, grants and transfers, labeled "Grantors," each page divided into four (4) columns, headed respectively, "Names of grantors," "Names of grantees," "Date of deeds, grants or transfers" and "Where recorded."

(2) An index of deeds, labeled "Grantees," each page divided into four (4) columns, headed respectively, "Names of grantees," "Names of grantors," "Date of deeds, grants or transfers" and "Where recorded."

(3) An index of mortgages, labeled "Mortgagors of real property," with the pages thereof divided into five (5) columns, headed respectively, "Names of mortgagors," "Names of mortgagees," "Date of mortgages," "Where recorded," and "When discharged."

(4) An index of mortgages, labeled "Mortgagees of real property," with the pages thereof divided into five (5) columns, headed respectively, "Names of mortgagees," "Names of mortgagors," "Date of mortgages," "Where recorded," and "When discharged."

(5) An index of release of mortgages, labeled "Releases of mortgages of real property–mortgagors," with the pages thereof divided into six (6) columns, headed respectively, "Parties releasing," "To whom releases are given," "Date of releases," "Where releases are recorded," "Date of mortgages released," and "Where mortgages released are recorded."

(6) An index of releases of mortgages, labeled "Releases of mortgages of real property–mortgagees," with the pages thereof divided into six (6) columns, headed respectively, "Parties whose mortgages are released," "Parties releasing," "Date of releases," "Where recorded," "Date of mortgages released," and "Where mortgages released are recorded."

(7) An index of powers of attorney, labeled "Powers of attorney," each page divided into five (5) columns, headed respectively, "Names of parties executing powers," "To whom powers are executed," "Date of powers," "Date of recording," and "Where powers are recorded."

(8) An index of leases, labeled "Lessors," each page divided into four (4) columns, headed respectively, "Names of lessors," "Names of lessees," "Date of leases," and "When and where recorded."

(9) An index of leases, labeled "Lessees," each page divided into four (4) columns, headed respectively, "Names of lessees," "Names of lessors," "Date of leases," and "When and where recorded."

(10) An index of marriage certificates, labeled "Marriage certificates–Men," each page divided into six (6) columns, headed respectively, "Men married," "To whom married," "When married," "By whom married," "Where married," and "Where certificates are recorded."

(11) An index of marriage certificates, labeled "Marriage certificates–Women," each page divided into six (6) columns, headed respectively, "Women married" (and under this head placing the family names of the women), "To whom married," "When married," "By whom married," "Where married," and "Where certificates are recorded."

(12) An index of assignments of real property mortgages and leases, labeled "Assignments of mortgages and leases–assignors," each page divided into five (5) columns, headed respectively, "Assignors," "Assignees," "Instruments assigned," "Date of assignment," and "When and where recorded."

(13) An index of assignments of real property mortgages and leases, labeled "Assignments of mortgages and leases–assignees," each page divided into five (5) columns, headed respectively, "Assignees," "Assignors," "Instruments assigned," "Date of assignments," and "When and where recorded."

(14) An index of wills, labeled "Wills," each page divided into four (4) columns, headed respectively, "Names of testators," "Date of wills," "Date of probate," and "When and where recorded."

(15) An index of official bonds, labeled "Official bonds," each page divided into five (5) columns, headed respectively, "Names of officers," "Names of offices," "Date of bonds," "Amount of bonds," and "When and where recorded."

(16) An index of notices of mechanics' liens, labeled "Mechanics' liens," each page divided into three (3) columns, headed respectively, "Parties claiming liens," "Against whom claimed," and "Notices, when and where recorded."

(17) An index to transcripts of judgment, labeled "Transcripts of judgments," each page divided into seven (7) columns, headed respectively, "Judgment debtors," "Judgment creditors," "Amount of judgments," "Where recorded," "When recovered," "When transcript filed," and "When judgment satisfied."

(18) An index of attachments, labeled "Attachments," each page divided into six (6) columns, headed respectively, "Parties against whom attachments are issued," "Parties issuing attachments," "Notices of attachments," "When recorded," "Where recorded," and "When attachments discharged."

(19) An index of notices of the pendency of actions, labeled "Notices of actions," each page divided into three (3) columns, headed respectively, "Parties to the actions," "Notices, when recorded," and "Where recorded."

(20) An index of the separate property of married women, labeled "Separate property of married women," each page divided into five (5) columns, headed respectively, "Names of married women," "Names of their husbands," "Nature of instruments recorded," "When recorded," and "Where recorded."

(21) An index of possessory claims, labeled "Possessory claims," each page divided into five (5) columns, headed respectively, "Claimants," "Notices," "When received," "Date of notices," and "When and where recorded."

(22) An index of homesteads, labeled "Homesteads," each page divided into five (5) columns, headed respectively, "Claimants," "Date of declaration," "When and where recorded," "Abandonment," and "When and where recorded."

(23) An index of agreements and bonds affecting the title of real property, labeled "Real property agreements," each page divided into four (4) columns, headed respectively, "Vendors," "Vendees," "Date of agreement," and "When and where recorded."

(24) An index of mining claims, labeled "Mining claims," each page divided into five (5) columns, headed "Locators," "Name of claim," "Date of location," "When filed for record," and "Where recorded."

(25) An index of water rights, labeled "Water rights," each page divided into four (4) columns, labeled, "Locators," "Date of notice," "When filed for record," and "Where recorded."

(26) A general index of all papers to be entered as they are filed.

(27) An index, labeled "Financing Statements," as required under Part 5 of the Uniform Commercial Code–Secured Transactions, chapter 9, title 28, Idaho Code.

(28) In lieu of the above-named indexes, a recorder may create an electronic management system into which all of the above-named indexes are file names. Each of these files shall segregate the above-referenced records and permit search and retrieval capabilities of each file type under each of the above-enumerated categories.

History:

[(31-2404) 1863, p. 475, sec. 72; R.S., sec. 2025; reen. R.C. & C.L., sec. 2063; C.S., sec. 3636; I.C.A., sec. 30-1904; am. 1967, ch. 272, sec. 5, p. 745; am. 2005, ch. 243, sec. 4, p. 758; am. 2021, ch. 321, sec. 12, p. 952.]
Idaho Code § 31-5505 — Idaho Code / Title 31 / Chapter 55 / Section 31-5505
31-5505 OTHER OFFICES.
Status: in_force

31-5505. Other offices. (1) The resolution or petition to adopt the form of government provided in this chapter shall further define the structure of the form by including one (1) selection from the choices specified for each of the offices listed in sections 31-5506 through 31-5511, Idaho Code.

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

History:

[31-5505, added 1996, ch. 283, sec. 6, p. 938.]
Idaho Code § 31-3202 — Idaho Code / Title 31 / Chapter 32 / Section 31-3202
31-3202 CLERK OF DISTRICT COURT — EXCEPTIONS TO FEE SCHEDULE.
Status: in_force

31-3202. Clerk of district court — Exceptions to fee schedule. In any action instituted in the name of any county auditor, as trustee for the county for the foreclosure of any tax lien, no state stenographer's fee must be charged or received by the clerk of the district court.

History:

[(31-3202) 1917, ch. 36, proviso in sec. 5, p. 83; reen. C.L., sec. 2121a; C.S., sec. 3703; I.C.A., sec. 30-2702.]
Idaho Code § 31-2206 — Idaho Code / Title 31 / Chapter 22 / Section 31-2206
31-2206 REFUSAL TO LEVY EXECUTION.
Status: in_force

31-2206. Refusal to levy execution. If the sheriff to whom a writ of execution is delivered neglects or refuses, after being required by the creditor or his attorney, to levy upon or sell any property of the party charged in the writ which is liable to be levied upon and sold, he is liable to the creditor for the value of such property.

History:

[(31-2206) 1863, p. 475, sec. 8; R.S., sec. 1875; reen. R.C. & C.L., sec. 2028; C.S., sec. 3600; I.C.A., sec. 30-1706.]
Idaho Code § 31-5402 — Idaho Code / Title 31 / Chapter 54 / Section 31-5402
31-5402 BOARD OF COUNTY COMMISSIONERS — AUTHORITY — CHANGE IN TERM OF OFFICE.
Status: in_force

31-5402. Board of county commissioners — Authority — Change in term of office. (1) The board of county commissioners shall be vested with all executive and legislative authority of the county.

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

(3) The resolution or petition shall specify whether the provisions of section 31-703, Idaho Code, shall continue to govern the terms of office of the members of the commission or whether the terms of office of the members of the commission shall be changed as provided in subsection (2) of this section.

History:

[31-5402, added 1996, ch. 283, sec. 5, p. 933.]
Idaho Code § 31-834 — Idaho Code / Title 31 / Chapter 8 / Section 31-834
31-834 LIMITATIONS.
Status: in_force

31-834. limitations. Nothing in this act shall limit the authority of the state to manage and protect wildlife under title 36, Idaho Code, or the power of a county.

History:

[31-834, added 2016, ch. 366, sec. 1, p. 1077.]
Idaho Code § 31-3908 — Idaho Code / Title 31 / Chapter 39 / Section 31-3908
31-3908 AMBULANCE DISTRICT AUTHORIZED — DISTRICTS FORMED BEFORE JULY 1, 2020.
Status: in_force

31-3908. Ambulance district authorized — districts formed before July 1, 2020. The provisions set forth in this section shall govern an ambulance district formed prior to July 1, 2020:

(1) The county commissioners of any county shall, upon petition signed by not less than fifty (50) qualified electors of said county, or any portion thereof, which may exclude incorporated cities, undertake the following procedure to determine the advisability of resolving to establish and maintain an ambulance service district within the county as may be designated in the petition.

(a) A petition to form an ambulance service district shall be presented to the county clerk and recorder. The petition shall be signed by not less than fifty (50) of the resident real property holders within the proposed district. The petition shall designate the boundaries of the district.

(b) The petition shall be filed with the county clerk and recorder of the county in which the signers of the petition are located. Upon the filing of the petition, the county clerk shall examine the petition and certify whether the required number of petitioners have signed the petition. If the number of petition signers is sufficient, the clerk shall transmit the petition to the board of county commissioners.

(c) Upon receipt of a duly certified petition, the board of county commissioners shall cause the text of the petition to be published once a week for at least three (3) consecutive weeks in a newspaper of general circulation within the county. With the publication of the petition, there shall be published a notice of the time of the meeting of the board of county commissioners when the petition will be considered stating that all persons interested may appear and be heard. No more than five (5) names attached to the petition shall appear in the publication and notice, but the number of signatures shall be stated.

At the time of filing the petition, the sponsors thereof shall cause to be deposited with the county clerk a sufficient sum of money to cover the cost of publication of the petition and all necessary notices. If the petition and notices are not published, the deposit shall be returned to whomever deposited the funds, and if there is any surplus remaining after paying for the publication as herein provided, it shall be returned to the original depositors, and if a district is created, the fees so expended are an obligation of the district and shall be repaid by the district to the depositors.

(d) At the time set for hearing the petition, the board of county commissioners shall hear all persons who desire to be heard relative to the creation of an ambulance service district. The board of county commissioners may, if they so desire and it appears desirable, adjourn the meeting for not to exceed thirty (30) days to further hear the petitioners and protestants, if any. After the hearing or hearings, the board of county commissioners shall adopt a resolution either creating the proposed ambulance service district or denying the petition. When the board of county commissioners creates an ambulance service district, the board shall adopt a resolution describing the boundaries of the district.

(e) When the board of county commissioners adopts the resolution creating the ambulance service district, the board shall include in the resolution the name of the district and file a copy of the order creating the district with the county clerk and recorder, for which the clerk shall receive a fee of three dollars ($3.00).

(f) Procedures for annexation, deannexation, or dissolution of a district created pursuant to this section shall be in substantial compliance with the provisions for public notice and hearing provided herein and shall be by resolution adopted by the board of county commissioners.

(2) When the board of county commissioners has ordered the creation of an ambulance service district, pursuant to the provisions of this section, such district is hereby recognized as a legal taxing district, and providing ambulance service is a governmental function.

(3) The board of county commissioners shall be the governing board of an ambulance service district created pursuant to this section and shall exercise the duties and responsibilities provided in chapter 39, title 31, Idaho Code.

(4) In any county where an ambulance service district is created as provided herein, the board of county commissioners is authorized to levy a special tax, not to exceed four-hundredths percent (.04%) of market value for assessment purposes, except as authorized by paragraph (a) of this subsection, upon all taxable property within the district for the purposes of the district, but the levy otherwise authorized in section 31-3901, Idaho Code, shall not be made on taxable property within the district.

(a) In any county where an ambulance service district:

(i) Was created as of January 1, 1976;

(ii) Had at the time of its creation a market value for assessment purposes of the district of less than three hundred million dollars ($300,000,000); and

(iii) The service provided by the district is an advanced life support paramedic unit;

the board of county commissioners may submit to the electors within the district the question of whether the levy authorized in this subsection may be increased to a levy not to exceed six-hundredths percent (.06%) of market value for assessment purposes upon all taxable property within the district for the purposes of the district, if approved by a minimum of two-thirds (2/3) of the qualified electors of the district voting at an election called for that purpose and held on the May or November dates provided in section 34-106, Idaho Code, but the levy otherwise authorized in section 31-3901, Idaho Code, shall not be made on taxable property within the district.

(5) The board of county commissioners is authorized by resolution to create an ambulance district capital improvement account. The board may dedicate all or a portion of the fees and taxes collected pursuant to this chapter to the capital improvement account for the purpose of purchasing necessary buildings, land or equipment for the operation of the district. The board is further authorized to carry over and add to the funds in the account from year to year in order to make the purchases authorized by this subsection.

(6) The board of county commissioners is authorized by resolution to enter into cooperative agreements with other adjoining counties, adjoining fire protection districts, or other adjoining political subdivisions in Idaho or in other states in order to pool resources and increase efficiency and improve emergency medical services.

(7) As used in this chapter, "ambulance district" or "ambulance service district" means a political subdivision formed to provide ambulance transport, emergency medical services as defined in section 46-903, Idaho Code, community health emergency medical services as defined in section 46-903, Idaho Code, or other activities necessary to meet the community health needs of the district.

History:

[31-3908, added 1975, ch. 258, sec. 1, p. 703; am. 1976, ch. 289, sec. 2, p. 996; am. 1980, ch. 350, sec. 9, p. 896; am. 1981, ch. 288, sec. 1, p. 593; am. 1994, ch. 34, sec. 1, p. 51; am. 1994, ch. 52, sec. 1, p. 90; am. 2010, ch. 208, sec. 1, p. 449; am. 2015, ch. 157, sec. 1, p. 548; am. 2020, ch. 183, sec. 3, p. 575; am. 2020, ch. 209, sec. 8, p. 605; am. 2025, ch. 94, sec. 21, p. 464.]
Idaho Code § 31-4325 — Idaho Code / Title 31 / Chapter 43 / Section 31-4325
31-4325 CONDUCT OF ELECTION FOR PROPOSED INDEBTEDNESS.
Status: in_force

31-4325. Conduct of election for proposed indebtedness. The county clerk shall conduct the election in a manner prescribed by law for the holding of general elections and shall take their returns to the secretary of the district at any regular or special meeting of the board held within five (5) days following the date of such election. The returns thereof shall be canvassed and the results thereof shall be declared.

History:

[I.C., sec. 31-4325, as added by 1971, ch. 71, sec. 4, p. 161; am. 2009, ch. 341, sec. 21, p. 1005.]
Idaho Code § 31-4504 — Idaho Code / Title 31 / Chapter 45 / Section 31-4504
31-4504 POWERS.
Status: in_force

31-4504. Powers. Each county shall have the following powers together with all powers incidental thereto or necessary for the performance thereof:

(a) To determine the location of any pollution control facility, whether upon real estate owned by the county or by any person, and the manner of construction of any pollution control facility to be financed under the provisions of this act, and to acquire, construct, install, equip, own, finance, lease and dispose of the same, to enter into contracts for any and all of such purposes, to designate a person as its agent to determine the location and manner of construction of a pollution control facility undertaken by such person under the provisions of this act and as agent of the county, to acquire, construct, install, equip, own, lease and dispose of the same and to enter into contracts for any and all of such purposes;

(b) To lease or sell to a person any or all of the pollution control facilities upon such terms and conditions as the board shall deem proper, and to charge and collect rent or other payments therefor and to terminate any such lease or sales agreement upon the failure of the lessee or other contracting party to comply with any of the obligations thereof; and to include in any such lease, if desired, provisions that the lessee thereof shall have options to renew the term of the lease for such period or periods and at such rent as shall be determined by the board and/or to purchase any or all of the pollution control facilities for a nominal amount or otherwise or that at or prior to the payment of all of the revenue bonds issued by the county for the financing of such pollution control facilities the county may convey any or all of the pollution control facilities to the lessee or lessees thereof with or without consideration;

(c) To issue revenue bonds and to refund the same, all as provided for in this act;

(d) Generally to fix and revise from time to time and charge and collect rates, rents, fees and charges for the use of and services furnished or to be furnished by any pollution control facility or any portion thereof and to contract with any person, firm or corporation or other body public or private in respect thereof;

(e) To employ consulting engineers, architects, attorneys, accountants, construction and financial experts, superintendents, manager and such other employees and agents as may be necessary in its judgment and to fix their compensation;

(f) To refund outstanding obligations incurred by any person to finance the cost of a pollution control facility including obligations incurred for pollution control facilities undertaken and completed prior to or after the enactment of this act when the authority finds that such financing is in the public interest;

(g) To receive and to pledge as security for the payment of any bonds issued hereunder, any lease, purchase agreement, note, debenture, bond or other obligation by or on behalf of any person;

(h) To make loans to any person for the purpose of paying or reimbursing project costs in accordance with an agreement between the county and such person; and

(i) To do all things necessary and convenient to carry out the purposes of this act.

No county shall have power to operate any pollution control facility as a business other than as a lessor. Any lease of a pollution control facility entered into pursuant to the provisions of this act shall be for a term not shorter than the longest maturity of any revenue bonds issued to finance such pollution control facility or a portion thereof and shall provide for rentals adequate to pay the principal of and interest and premiums, if any, on such revenue bonds as the same fall due and to create and maintain such reserves and accounts for depreciation, if any, as the board in its discretion shall determine to be necessary.

In the event a member of a board of county commissioners is an officer, employee or stockholder of the "person" as defined in section 31-4503(c), Idaho Code, with whom the county proposes to contract under the provisions of the Idaho pollution control financing act with respect to the acquisition and financing of pollution control facilities and the issuance of revenue bonds, such member shall disclose such status and interest to the board of county commissioners at a public meeting and shall abstain from voting on all matters before the board of county commissioners related thereto.

History:

[31-4504, added 1975, ch. 52, sec. 4, p. 105; am. 1978, ch. 265, sec. 1, p. 590.]
Idaho Code § 31-3601 — Idaho Code / Title 31 / Chapter 36 / Section 31-3601
31-3601 RESOLUTION OF COUNTY COMMISSIONERS — HEARING AND NOTICE.
Status: in_force

31-3601. Resolution of county commissioners — Hearing and notice. Any county which now has or may plan to build, purchase or by any other means acquire a county hospital shall create a county hospital board in the following manner: The board of county commissioners shall, by appropriate motion or resolution adopted and incorporated in its minutes, signify that it is the intention of the board of county commissioners to create a county hospital board for the purpose of conducting, operating and maintaining a county hospital or hospitals in accordance with the provisions of this act, and shall fix a date, not less than three (3) nor more than six (6) weeks from the date of the adoption of such motion or resolution, for a hearing, and shall order the clerk of the board to publish notice of such meeting in one (1) or more newspapers published and having general circulation in the county, which notice shall include the time and place of such hearing, at which the board of county commissioners will hear any person or persons interested upon the matter of whether a hospital board shall be created within such county, which publication shall be made at least two (2) weeks before the date set for such hearing.

History:

[31-3601, added 1946 (1st E.S.), ch. 38, sec. 1, p. 75; am. 1982, ch. 340, sec. 1, p. 851.]
Idaho Code § 31-1504 — Idaho Code / Title 31 / Chapter 15 / Section 31-1504
31-1504 BURIAL OF COUNTY POOR — CORONERS RELEASED FROM LIABILITY.
Status: in_force

31-1504. Burial of county poor — Coroners released from liability. Claims of county coroners for the burial of the county poor heretofore paid by the counties are hereby declared to be legal claims and the county coroners are hereby released from any liability to reimburse the counties for the payment of the same.

History:

[(31-1504) I.C.A., sec. 30-1104a, as added by 1937, ch. 115, sec. 1, p. 172; am. and redesig. 1995, ch. 61, sec. 9, p. 137.]
Idaho Code § 31-4305 — Idaho Code / Title 31 / Chapter 43 / Section 31-4305
31-4305 DIRECTORS — QUALIFICATIONS — VACANCY — COMPENSATION — TERM.
Status: in_force

31-4305. Directors — Qualifications — Vacancy — Compensation — Term. Each district shall be governed by a board of three (3) directors who shall manage and conduct the business and affairs of such district and all powers granted to such district by this chapter shall be exercised by such board or its duly authorized officers and agents.

At any time after the creation of the district, the board of directors may, by resolution duly adopted, increase the size of the board from three (3) members to five (5) members. The resolution shall provide for the designation of five (5) director's subdistricts. A qualified elector shall be appointed by the board to each of the newly created director's positions, one (1) of whom shall serve until the first district election thereafter held, and one (1) of whom shall serve until the second district election thereafter held.

Every director appointed or elected shall be a qualified elector and a resident of such district. Not more than one (1) director shall reside in the same director's subdistrict. Each director shall take and subscribe an oath of office before assuming any duties which oath shall be filed in the records of the board. Any vacancy occurring in the office of director, other than by expiration of the term of office, shall be filled by appointment by the board for the unexpired term. The directors shall receive no compensation for their services as a director but shall be entitled to reimbursement for the amount of their actual and necessary expenses incurred in the performance of their official duties. Following the term of the initial appointment, a director shall be elected for a term of four (4) years which shall begin on the first day of January of the year following such election and shall continue until a successor is elected and has qualified.

History:

[31-4305, added 1970, ch. 212, sec. 5, p. 599; am. 1983, ch. 114, sec. 1, p. 245; am. 1995, ch. 118, sec. 39, p. 462.]
Idaho Code § 31-1611 — Idaho Code / Title 31 / Chapter 16 / Section 31-1611
31-1611 QUARTERLY STATEMENTS.
Status: in_force

31-1611. Quarterly statements. On or before the last day of January, April, July and October in each fiscal year, the county budget officer shall submit to the board of county commissioners a statement showing the expenditures and liabilities against each separate budget appropriation incurred during the time elapsed of the budget period as nearly as practicable, together with the unexpended and unencumbered balance of each appropriation for each office, department, service, agency and institution. He shall set forth the receipts from taxation and from sources other than taxation for the same period and call to the attention of the board of county commissioners any and all facts indicating any possible deficit or excessive expenditure by any officer or employee that the board may take such action as may be deemed necessary and expedient to prevent such possible deficit or excessive expenditure from any appropriation provided for in the county budget.

History:

[(31-1611) 1931, ch. 122, sec. 11, p. 210; I.C.A., sec. 30-1211; am. 1976, ch. 45, sec. 19, p. 135; am. 1995, ch. 61, sec. 22, p. 144.]
Idaho Code § 31-213 — Idaho Code / Title 31 / Chapter 2 / Section 31-213
31-213 CONDUCT OF ELECTION.
Status: in_force

31-213. Conduct of election. The rules and regulations for voting at county seat elections, as provided in this chapter, so far as they apply to ballots, voting, challenging, canvassing the returns and declaring the result, shall apply to elections for the striking off of any part of any county and annexing the same to any adjoining county.

History:

[(31-213) 1890-1891, p. 57, sec. 130; reen. 1899, p. 33, sec. 117; am. R.C. & C.L., sec. 478; C.S., sec. 662; I.C.A., sec. 30-213.]
Idaho Code § 31-1410 — Idaho Code / Title 31 / Chapter 14 / Section 31-1410
31-1410 ELECTION OF COMMISSIONERS — RESIDENT QUALIFICATIONS OF COMMISSIONERS — REVISING SUBDISTRICTS — TERM OF OFFICE.
Status: in_force

31-1410. Election of commissioners — resident qualifications of commissioners — revising subdistricts — term of office. (1) On the first Tuesday following the first Monday of November, of the next odd-numbered year, following the organization of a fire protection district, three (3) fire protection district commissioners shall be elected. Not more than one (1) commissioner shall be a resident of the same fire protection commissioner subdistrict. Every odd-numbered year thereafter, an election shall be held for the election of fire protection district commissioners as described in this section. 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. The county clerk shall have power to make such regulations for the conduct of such election as are consistent with the statutory provisions of chapter 14, title 34, Idaho Code.

(2) The board of fire protection district commissioners may revise subdistricts when they deem it necessary due to significant shifts in population. The board of fire protection district commissioners shall revise subdistricts upon any annexation of territory into the district in accordance with sections 31-1410A, 31-1410B and 31-1412(6), Idaho Code, 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. Provided however, of the commissioners comprising the board, not more than one (1) commissioner shall be a resident of the same fire protection commissioners subdistrict. The revision of subdistricts shall not disqualify any elected commissioner from the completion of the term for which he or she has been duly elected. Notice of revised fire protection commissioner subdistricts shall be provided to the county clerk of the county or counties in which the changes occur by means of a resolution that includes a map depicting the revised subdistrict boundaries.

(3) At the first election following organization of a fire protection district, the commissioner from fire protection subdistrict one shall be elected to a term of two (2) years and the commissioners from subdistricts two and three shall be elected to a term of four (4) years; thereafter, the term of office of all commissioners shall be four (4) years. Such elections and all other elections held under this law shall be held in conformity with the general laws of the state including chapter 14, title 34, Idaho Code.

(4) A fire protection district whose terms and elections were established by prior law shall convert to the election of commissioners as provided in this section.

(5) In any election for fire protection 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 fire protection district 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 fire protection district commissioner shall be certified by the county clerk of the county or counties of the district and the results reported to the fire protection district.

History:

[31-1410, added 1943, ch. 161, sec. 10, p. 328; am. 1951, ch. 135, sec. 1, p. 311; am. 1982, ch. 361, sec. 1, p. 912; am. 1995, ch. 118, sec. 28, p. 453; am. 1998, ch. 190, sec. 3, p. 693; am. 2000, ch. 336, sec. 1, p. 1129; am. 2003, ch. 90, sec. 1, p. 275; am. 2006, ch. 318, sec. 7, p. 994; am. 2009, ch. 341, sec. 18, p. 1003; am. 2010, ch. 185, sec. 1, p. 382; am. 2016, ch. 89, sec. 3, p. 276.]
Idaho Code § 31-1417 — Idaho Code / Title 31 / Chapter 14 / Section 31-1417
31-1417 CORPORATE POWERS AND DUTIES OF BOARD OF FIRE PROTECTION COMMISSIONERS.
Status: in_force

31-1417. Corporate powers and duties of board of fire protection commissioners. A board of fire protection commissioners shall have discretionary powers to manage and conduct the business and affairs of the district. The discretionary powers shall include, but not be limited to, the following:

(1) To sue and be sued.

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

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

(4) To make and execute all necessary contracts.

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

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

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

(8) To appoint members of district appeals boards and investigatory boards for the purpose of handling personnel matters or disputes concerning fire code enforcement issues, and to appoint other boards or committees that commissioners deem necessary for carrying out the purposes and policies of this chapter.

(9) To enforce the fire code and rules adopted by the state fire marshal pursuant to chapter 2, title 41, Idaho Code.

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

History:

[(31-1417) 31-1415, added 1943, ch. 161, sec. 15, p. 324; am. 1965, ch. 19, sec. 1, p. 32; am. 1996, ch. 360, sec. 4, p. 1214; am. and redesig. 2006, ch. 318, sec. 14, p. 1001.]
Idaho Code § 31-2013 — Idaho Code / Title 31 / Chapter 20 / Section 31-2013
31-2013 ABSENCE OF OFFICERS FROM THE STATE.
Status: in_force

31-2013. Absence of officers from the state. No county officer must absent himself from the state for more than twenty (20) days unless with the consent of the board of county commissioners: providing however, that where any elective or appointive county officer is required to absent himself by reason of being a member of the armed forces of the nation or by reason of official call to service in civilian war work, the consent of the board of county commissioners shall not be necessary.

History:

[(31-2013) R.S., sec. 1826; am. 1897, p. 15, sec. 1; reen. 1899, p. 13, sec. 2; reen. R.C. & C.L., sec. 1985; C.S., sec. 3555; I.C.A., sec. 30-1513; am. 1943, ch. 66, sec. 2, p. 136; am. 1945, ch. 164, sec. 5, p. 245.]
Idaho Code § 31-5504 — Idaho Code / Title 31 / Chapter 55 / Section 31-5504
31-5504 BOARD OF COUNTY COMMISSIONERS — LEGISLATIVE AND EXECUTIVE AUTHORITY — OPTIONAL EXECUTIVE BOARD.
Status: in_force

31-5504. Board of county commissioners — Legislative and executive authority — Optional executive board. (1) Upon the adoption of the form of county government provided in this chapter, the legislative authority of the county and, except as provided in subsection (2) of this section, the executive authority of the county shall be vested in the five (5) member board of county commissioners.

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

History:

[31-5504, added 1996, ch. 283, sec. 6, p. 937.]
Idaho Code § 31-504 — Idaho Code / Title 31 / Chapter 5 / Section 31-504
31-504 LIMITATION ON PRINCIPAL.
Status: in_force

31-504. Limitation on principal. No bonds issued pursuant to the provisions of this chapter shall in any wise increase the principal amount of the existing indebtedness of the county.

History:

[(31-504) 1915, ch. 20, part of sec. 1, p. 73; reen. C.L. 146:4; C.S., sec. 3762; I.C.A., sec. 30-404.]
Idaho Code § 31-133 — Idaho Code / Title 31 / Chapter 1 / Section 31-133
31-133 LEWIS COUNTY.
Status: in_force

31-133. Lewis county. Lewis county is described as follows: beginning at the mouth of Lolo creek;

Northern boundary. Thence in a northerly direction down the middle of the channel of the Clearwater river to a point where the seventh (7th) standard parallel north crosses the Clearwater river; thence west along said parallel to a point where the same intersects Little Canyon creek; thence down the center of the channel of Little Canyon creek to a point where the same empties into Big Canyon creek; thence up the center of the channel of the Big Canyon creek to a point where the same crosses the township line between townships thirty-four (34) and thirty-five (35) north; thence west on said township line, to a point where the same crosses Mission creek;

Western boundary. Thence up the middle of the channel of Mission creek to a point where the same crosses the township line between townships thirty-three (33) and thirty-four (34) north; thence west on said township line to the northeast corner of section four (4), township thirty-three (33) north, range three (3) west; thence south on section lines to the center of the channel of Salmon river;

Southern boundary. Thence up the center 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 said Deep creek; thence north along 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;

Eastern boundary. Thence down the middle of the channel of Clearwater river to the mouth of Lolo creek, the place of beginning.

County seat–Nez Perce.

History:

[(31-133) Compiled and reen. C.L. 3:30; C.S., sec. 37; I.C.A., sec. 30-133.]
Idaho Code § 31-5214 — Idaho Code / Title 31 / Chapter 52 / Section 31-5214
31-5214 COUNTY PROSECUTING ATTORNEY.
Status: in_force

31-5214. County prosecuting attorney. For purposes of this act, the duties of the county prosecuting attorney shall be as provided in chapter 26, title 31, Idaho Code, and as otherwise prescribed by law. A county prosecuting attorney:

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

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

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

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

History:

[31-5214, added 1996, ch. 283, sec. 3, p. 928.]
Idaho Code § 31-4516 — Idaho Code / Title 31 / Chapter 45 / Section 31-4516
31-4516 BOND ELECTIONS — VALIDATION OF ELECTIONS AND BONDS.
Status: in_force

31-4516. Bond elections — Validation of elections and bonds. All bond elections conducted by counties pursuant to authority contained in section 31-4510, Idaho Code, prior to the effective date of this act, and all proceedings had in the authorization and issuance of the bonds authorized thereat, are hereby validated, ratified and confirmed and all such bonds are declared to constitute legal obligations in accordance with their terms. Nothing in this section shall be construed to affect or validate any bond election, or bonds issued pursuant thereto, the legality of which is being contested at the time this act takes effect.

History:

[31-4516, added 1978, ch. 265, sec. 3, p. 594.]
Idaho Code § 31-601 — Idaho Code / Title 31 / Chapter 6 / Section 31-601
31-601 EVERY COUNTY A BODY CORPORATE.
Status: in_force

31-601. Every county a body corporate. Every county is a body politic and corporate, and as such has the powers specified in this title or in other statutes, and such powers as are necessarily implied from those expressed.

History:

[(31-601) 1870, p. 76, sec. 1; R.S., sec. 1730; reen. R.C. & C.L., sec. 1898; C.S., sec. 3396; I.C.A., sec. 30-501.]
Idaho Code § 31-3203 — Idaho Code / Title 31 / Chapter 32 / Section 31-3203
31-3203 SHERIFF'S FEES.
Status: in_force

31-3203. Sheriff's fees. The board of county commissioners of each respective county shall have the power to set sheriff's fees by a resolution of the board for the services herein specified in an amount reasonably related to but not exceeding the actual costs of such service. The sheriff is allowed and may demand and receive such fees. In the event that the board of commissioners does not resolve to set fees by resolution as herein described, the sheriff is allowed and may demand and receive the fees hereinafter specified:

For serving summons and complaint, or any other process by which an action or proceeding is commenced, on each defendant

For serving an attachment on property, or levying an execution, except for a writ of wage garnishment or financial institution garnishment, or executing an order of arrest, or order for the delivery of personal property

For his trouble and expense in taking and keeping possession of and preserving property under attachment or execution, or other process, such sum as the court may order: provided, however, that said sum shall be no more than five dollars ($5.00) per diem or the reasonable costs incurred by a keeper in preserving said property.

For making and issuing a keeper's receipt

For taking a bond or undertaking in any case in which he is authorized to take the same

For copy of and making return on any writ, except for a writ of wage garnishment or financial institution garnishment, process or other paper, when demanded or required by law

For serving every notice, rule or order

For making and posting notices, and advertising property for sale on attachment or execution, or under any judgment or order of sale, exclusive of the costs of publication, each notice, per folio

For serving a writ of possession or restitution, putting a person in possession of premises and removing the occupant

For holding each inquest, or trial of right of property, to include all services in the matter except mileage

For serving a subpoena, for each witness summoned

For commissions for receiving and paying over money on execution or other process, when land or personal property has been levied on and sold, on the first one thousand dollars ($1,000), two percent (2%); on all sums above that amount, one percent (1%); but in no case of sale of real estate shall his commission exceed the sum of

When the amount of such sale is credited on the debt and no money is transferred, then one-half (1/2) of such commission.

For commissions for receiving and paying over money on execution without levy, except for a writ of wage garnishment or financial institution garnishment, or where lands or goods levied on are not sold, on the first one thousand dollars ($1,000), one and one-half percent (1 1/2%); and one-half (1/2) of one percent (1%) on all over that sum, but not to exceed in any case

The fees herein allowed for the levy of an execution, costs for advertising and percentage for making or collecting the money on execution, must be collected from the judgment debtor by virtue of such execution, in the same manner as the sum therein directed to be made.

For drawing and executing a sheriff's deed, including the acknowledgment, to be paid by the grantee before delivery

For executing a certificate of sale, exclusive of the filing and recording of same

For making every arrest in a criminal proceeding

For summoning each juror

For serving a subpoena in a criminal action or proceeding, for each witness summoned

For traveling to serve any summons and complaint, or any other process, except for a writ of wage garnishment or financial institution garnishment, by which an action or proceeding is commenced, notice, rule, order, subpoena, venire, attachment on property, to levy an execution, to post notice of sale, to sell property under execution or other order of sale, or execute an order of arrest, or order for the delivery of personal property, writ of possession or restitution, to hold inquest or trial of right of property, for each mile actually and necessarily traveled for the first twenty-five (25) miles no charge shall be allowed, and for any miles traveled over twenty-five (25) miles, even if process is not served, the following shall be allowed, in going only

For traveling to execute any warrant of arrest, subpoena, venire or other process in criminal cases, or for taking a prisoner from prison, before a court or magistrate, or for taking a prisoner from the place of arrest to prison, or before a court or magistrate, for each mile actually and necessarily traveled, in going only

For each additional prisoner taken at the same time, per mile

But if any two (2) or more papers be required to be served in the same action or proceeding, civil or criminal, or be in the possession of the sheriff for service at the same time, and in the same direction, one (1) mileage only shall be charged; and in serving a subpoena, venire, process or paper, when two (2) or more jurors, witnesses, parties or persons to be served reside or are found in the same direction, traveling fees must be charged only for the most distant; and only one (1) mileage per day must be charged for taking a prisoner from prison before a court or magistrate; and constructive mileage must in no case be charged or allowed.

For all services under the election laws, the same mileage and fees as in this chapter provided for similar services.

For postage and processing of each mail renewal class D driver's license authorized pursuant to section 49-319 , Idaho Code

For wage and financial institution garnishment, the board of county commissioners shall set sheriff's fees as set forth in section 11-729, Idaho Code.

History:

[(31-3203) 1890-1891, p. 174, sec. 2; reen. 1899, p. 116, sec. 2; modified by 1899, p. 340, sec. 5; compiled R.C., sec. 2122; am. 1911, ch. 197, sec. 1, p. 660; compiled and reen. C.L., sec. 2122; C.S., sec. 3704; am. 1929, ch. 83, sec. 2, p. 134; I.C.A., sec. 30-2703; am. 1943, ch. 171, sec. 1, p. 359; am. 1961, ch. 17, sec. 1, p. 18; am. 1967, ch. 287, sec. 1, p. 797; am. 1973, ch. 2, sec. 5, p. 4; am. 1974, ch. 109, sec. 1, p. 1252; am. 1982, ch. 173, sec. 1, p. 457; am. 1983, ch. 58, sec. 1, p. 135; am. 1992, ch. 68, sec. 1, p. 202; am. 1995, ch. 76, sec. 1, p. 205; am. 2003, ch. 39, sec. 1, p. 159; am. 2017, ch. 303, sec. 10, p. 813.]
Idaho Code § 31-2308 — Idaho Code / Title 31 / Chapter 23 / Section 31-2308
31-2308 OTHER DUTIES OF AUDITOR.
Status: in_force

31-2308. Other duties of auditor. The auditor must discharge such other duties as are required by law.

History:

[(31-2308) R.S., sec. 2011; reen. R.C. & C.L., sec. 2059; C.S., sec. 3631; I.C.A., sec. 30-1808.]
Idaho Code § 31-1603 — Idaho Code / Title 31 / Chapter 16 / Section 31-1603
31-1603 SUGGESTED BUDGET — CONTENTS.
Status: in_force

31-1603. Suggested budget — Contents. Upon the receipt by the county budget officer of the estimates and information from all offices, departments, services, agencies and institutions of the county, or the preparation thereof by said budget officer, as hereinabove provided, said county budget officer shall prepare and file with the board of county commissioners a suggested budget of said county for the ensuing fiscal year. Said suggested budget shall show, so far as practicable, the complete financial program of the county for the ensuing fiscal year by showing all contemplated expenditures and the source of revenues with which to pay the same.

History:

[(31-1603) 1931, ch. 122, sec. 3, p. 210; I.C.A., sec. 30-1203; am. 1976, ch. 45, sec. 11, p. 129; am. 1978, ch. 271, sec. 2, p. 629; am. 1995, ch. 61, sec. 16, p. 140.]
Idaho Code § 31-2204 — Idaho Code / Title 31 / Chapter 22 / Section 31-2204
31-2204 RETURN IS PRIMA FACIE EVIDENCE.
Status: in_force

31-2204. Return is prima facie evidence. The return of the sheriff upon process or notices is prima facie evidence of the facts in such return stated.

History:

[(31-2204) R.S., sec. 1873; reen. R.C. & C.L., sec. 2026; C.S., sec. 3598; I.C.A., sec. 30-1704.]
Idaho Code § 31-704 — Idaho Code / Title 31 / Chapter 7 / Section 31-704
31-704 COMMISSIONERS' DISTRICTS.
Status: in_force

31-704. Commissioners' districts. At the regular meeting in January, preceding any general election, the board of commissioners must district their county into three (3) districts, as nearly equal in population as may be, to be known as county commissioners' districts, numbers one (1), two (2) and three (3) respectively; provided, that when a new county shall have been created, or the boundary lines of a county shall have been changed, then the board of commissioners of such county may district their county at any general or special meeting of such board.

History:

[(31-704) R.S., sec. 1748; am. 1893, p. 3, sec. 1; reen. 1899, p. 164, sec. 1; am. R.C. & C.L., sec. 1907; C.S., sec. 3405; I.C.A., sec. 30-604; am. 1943, ch. 69, sec. 1, p. 147; am. 1972, ch. 132, sec. 1, p. 261.]
Idaho Code § 31-2806 — Idaho Code / Title 31 / Chapter 28 / Section 31-2806
31-2806 CORONER TO ACT AS SUBSTITUTE FOR SHERIFF.
Status: in_force

31-2806. Coroner to act as substitute for sheriff. The coroner shall be authorized to act as the substitute for the county sheriff when the sheriff declares he is disqualified from acting due to a conflict of interest in a proceeding or matter; provided, however, that the senior deputy sheriff, as defined in section 31-2006, Idaho Code, shall temporarily fill the vacancy created by the death, absence or resignation of the sheriff.

History:

[31-2806, added 1992, ch. 95, sec. 2, p. 310.]
Idaho Code § 31-4907 — Idaho Code / Title 31 / Chapter 49 / Section 31-4907
31-4907 ANNUAL BUDGET.
Status: in_force

31-4907. Annual budget. The fiscal year of a district shall commence on October 1 of each year and shall end on September 30 of the following year.

The district board shall prepare, by the first Monday in July of each year, a preliminary budget for the district and an estimate of costs to be apportioned to each participating county for the ensuing year. A copy of the preliminary budget, showing the amount of costs to be allocated to each participating county, shall be distributed to each participating county by July 15 of each year.

On or before the first Monday in August, there shall be held at a time and place determined by the district board a meeting and public hearing upon the proposed budget of the district. Notice of the meeting and public hearing shall be published in a newspaper of general circulation in each participating county, in one (1) issue thereof. 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 summary of such proposed budget shall be published with and as a part of the publication of such notice of hearing in substantially the form required in section 31-1604, Idaho Code.

On or before August 15 of each year a budget for the district shall be approved by the district board and certified to each county. Such determination shall be binding upon all counties within the district and the district itself.

A district may establish operating funds, dedicated funds, bond and sinking funds, and such other funds as the district board may designate, and may accumulate and carry over funds from year to year as the district board shall direct. Such funds may be utilized for any lawful purpose of the district including, but not limited to, compliance with federal and state environmental protection laws and regulations.

History:

[31-4907, added 1990, ch. 390, sec. 1, p. 1088.]
Idaho Code § 31-823 — Idaho Code / Title 31 / Chapter 8 / Section 31-823
31-823 MAINTENANCE OF EXHIBITS IN AID OF FAIRS — ENCOURAGEMENT OF IMMIGRATION AND TRADE.
Status: in_force

31-823. Maintenance of exhibits in aid of fairs — Encouragement of immigration and trade. To levy a tax of not to exceed two hundredths per cent (.02%) of market value for assessment purposes on all the taxable property within their respective counties, for the purpose of creating a fund to be used for collecting, preparing and maintaining an exhibition of the products and industries of the county at any domestic or foreign exposition, for the purpose of encouraging immigration and increasing trade in the products of the state of Idaho, and for the same purposes, in the discretion of the commissioners to pay premiums or prizes for, and any costs or expenses of collecting, preparing, maintaining, exhibiting and advertising of like exhibitions, exhibited by others than the county at any such domestic or foreign exposition.

History:

[(31-823) 1911, ch. 95, p. 340; reen. C.L., sec. 1917w; C.S., sec. 3438; am. 1927, ch. 19, sec. 1, p. 24; I.C.A., sec. 30-729; am. 1989, ch. 73, sec. 14, p. 124.]
Idaho Code § 31-2804 — Idaho Code / Title 31 / Chapter 28 / Section 31-2804
31-2804 VERIFIED STATEMENT REQUIRED OF CORONER.
Status: in_force

31-2804. Verified statement required of coroner. Before auditing or allowing the accounts of the coroner, the commissioners must require him to file with the clerk of the board a statement in writing, verified by his affidavit, showing:

1. The amount of money or other property belonging to the estate of a deceased person which has come into his possession since his last statement.

2. The disposition made of such property.

History:

[(31-2804) 1874, p. 566, sec. 18; R.S., sec. 2083; reen. R.C. & C.L., sec. 2099; C.S., sec. 3678; I.C.A., sec. 30-2304.]
Idaho Code § 31-103 — Idaho Code / Title 31 / Chapter 1 / Section 31-103
31-103 ADA COUNTY.
Status: in_force

31-103. Ada county. Ada county is described as follows: beginning at a point in the center of the channel of the Boise river where the section line between sections fifteen (15) and sixteen (16), township three (3) north, range four (4) east, crosses said Boise river;

Northern boundary. Thence down the center of the channel of the Boise river to a point opposite the mouth of More's creek. Thence in a straight line north forty-four (44) degrees and thirty-eight (38) minutes west until the said line intersects the north line of township five (5) north (12 Ter. Sess. 67); thence west to the northwest corner of township five (5) north, range one (1) west;

Western boundary. Thence south to the northwest corner of township three (3) north, range one (1) west; thence east to the northwest corner of section four (4), township three (3) north, range one (1) west; thence south to the southeast corner of section thirty-two (32), township two (2) north, range one (1) west; thence west to the northwest corner of township one (1) north, range one (1) west; thence south to the point in the middle of the channel of Snake river, where the line between township one (1) south, range one (1) west, and township one (1) south;

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

Eastern boundary. Beginning at a point in the center of the channel of the Snake river where the section line between sections thirty-three (33) and thirty-four (34), township five (5) south, range four (4) east, Boise meridian, crosses said Snake river; thence extending in a northerly direction along the north and south center line of townships five (5), four (4), three (3), two (2) and one (1) south, range four (4) east, Boise meridian, to the base line and thence in a northerly direction along the north and south center line of townships one (1), two (2) and three (3) north, range four (4) east, Boise meridian, to a point in the center of the channel of the Boise river where the section line between sections fifteen (15) and sixteen (16), township three (3) north, range four (4) east, Boise meridian, crosses said Boise river, the point of beginning.

County seat–Boise City.

History:

[(31-103) R.C., sec. 23a; compiled and reen. C.L. 3:3; C.S., sec. 7; am. 1923, ch. 136, sec. 2, p. 200: I.C.A., sec. 30-103.]
Idaho Code § 31-4107 — Idaho Code / Title 31 / Chapter 41 / Section 31-4107
31-4107 NOTICE — TEXT OF PETITION PUBLISHED IN NEWSPAPER — SPONSORS PAY COST.
Status: in_force

31-4107. Notice — Text of petition published in newspaper — Sponsors pay cost. Upon receipt of a duly certified petition the board of county commissioners shall cause the text of the petition to be published once a week for at least three (3) consecutive weeks in a newspaper of general circulation within the county where the petition is presented. If any portion of the proposed district lies in another county the petition and notice shall likewise be published in that county. No more than five (5) names attached to the petition shall appear in the publication and notice but the number of signatures shall be stated. With the publication of the petition there shall be published a notice of the time of the meeting of the county commissioners when the petition will be considered stating that all persons interested may appear and be heard.

At the time of filing the petition the sponsors thereof shall cause to be deposited with the county clerk and recorder a sufficient sum of money to cover the cost of publication of all necessary notices. If the notices are not published the deposit shall be returned to whomsoever deposited the funds and if there is any surplus remaining after paying for the publication as herein provided it shall be returned to the original depositor or depositors and if a district is created the fees so expended are an obligation of the district and shall be repaid by the district to the depositors.

History:

[31-4107, added 1969, ch. 308, sec. 7, p. 944.]
Idaho Code § 31-302 — Idaho Code / Title 31 / Chapter 3 / Section 31-302
31-302 LEGAL EFFECT OF TRANSFERRED RECORDS.
Status: in_force

31-302. Legal effect of transferred records. The book records, plats, chattel mortgages, tax sale certificates and other records, aforesaid, when they shall be delivered to the ex officio auditor and recorder of the newly-created county, shall be deemed to be a part of the records of such newly-created county, and shall be received in evidence with like force and effect as any others of said county.

History:

[(31-302) 1913, ch. 19, sec. 2, p. 89; reen. C.L. 145:2; C.S., sec. 3757; I.C.A., sec. 30-302.]
Idaho Code § 31-1424 — Idaho Code / Title 31 / Chapter 14 / Section 31-1424
31-1424 DUTIES OF COUNTY COMMISSIONERS.
Status: in_force

31-1424. Duties of county commissioners. The board of county commissioners, at the time of making the annual county levies, shall make a levy upon all the taxable property not exempt from taxation within each district within the county in the same amount as the levy made by the board of commissioners of each fire protection district, and shall certify such levy or levies to the county auditor, and said auditor shall extend such levy on the rolls of the county, as other county taxes are extended; such special taxes so levied, as aforesaid, shall constitute a lien upon the property so assessed and shall be due and payable at the same time and in all respects are to be collected in the same manner as the state and county taxes, except that the tax collector must keep a separate list thereof and must list said tax in his receipt to the taxpayers and must pay to the county treasurer as he pays other taxes, specify to the treasurer what taxes they are and take a separate receipt therefor, and keep separate accounts thereof.

History:

[(31-1424) 31-1421, added 1943, ch. 161, sec. 21, p. 324; am. 1947, ch. 219, sec. 2, p. 525; am. 1984, ch. 202, sec. 5, p. 497; am. and redesig. 2006, ch. 318, sec. 22, p. 1005.]
Idaho Code § 31-3612 — Idaho Code / Title 31 / Chapter 36 / Section 31-3612
31-3612 FISCAL YEAR — RECEIPT OF MONEYS.
Status: in_force

31-3612. Fiscal year — Receipt of moneys. The fiscal year of the county hospital board shall be from the date fixed by the county hospital board to the same day and month of the next succeeding year. All moneys received by the county hospital board from whatever source shall be paid into the treasury of the county hospital board. Any moneys remaining on hand in such treasury at the end of each fiscal year shall not be paid into the general fund of the county, but shall be retained by the treasurer of the county hospital board and included and used as cash on hand in the budget for hospital operation in the next fiscal year.

History:

[31-3612, added 1946 (1st E.S.), ch. 38, sec. 12, p. 75; am. 1970, ch. 129, sec. 3, p. 303.]
Idaho Code § 31-1005 — Idaho Code / Title 31 / Chapter 10 / Section 31-1005
31-1005 JOINT CITY AND COUNTY SITES AND BUILDINGS.
Status: in_force

31-1005. Joint city and county sites and buildings. Any county and a city, or another county are hereby authorized and empowered to acquire and own a site or sites within the limits of any such city or county and jointly to construct public buildings thereon, to be jointly owned and used by such counties and city; or one (1) of such municipalities may purchase an interest in a site already owned by the other and they may then jointly construct or operate public buildings thereon.

History:

[(31-1005) 1919, ch. 126, sec. 1, p. 412; C.S., sec. 3467; am. 1931, ch. 109, sec. 4, p. 188; I.C.A., sec. 30-805; am. 1990, ch. 123, sec. 2, p. 293.]
Idaho Code § 31-4202 — Idaho Code / Title 31 / Chapter 42 / Section 31-4202
31-4202 DECLARATION OF GOVERNMENTAL FUNCTION.
Status: in_force

31-4202. Declaration of governmental function. It is hereby declared:

(a) That there exist in this state insanitary or unsafe dwelling accommodations and that persons of low income are forced to reside in such insanitary or unsafe accommodations; that within the state there is a shortage of safe or sanitary dwelling accommodations available at rents which persons of low income can afford and that such persons are forced to occupy overcrowded and congested dwelling accommodations; that the aforesaid conditions cause an increase in and spread of disease and crime, and constitute a menace to the health, safety, morals and welfare of the residents of the state and impair economic values; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities;

(b) That these areas in the state cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons of low income be relieved through the operation of private enterprise, and that the construction of housing projects for persons of low income (as herein defined) would therefore not be competitive with private enterprise;

(c) That the clearance, replanning and reconstruction of the areas in which insanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which public money may be spent and private property acquired and are governmental functions.

History:

[31-4202, added 1970, ch. 211, sec. 2, p. 584.]
Idaho Code § 31-4214 — Idaho Code / Title 31 / Chapter 42 / Section 31-4214
31-4214 EMINENT DOMAIN.
Status: in_force

31-4214. Eminent domain. An authority shall have the right to acquire, by the exercise of the power of eminent domain, any real property which it may deem necessary for its purposes under this act after the adoption of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. An authority may exercise the power of eminent domain in the manner provided in chapter 7, title 7, Idaho Code, and acts amendatory thereof or supplementary thereto; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired in like manner, provided that no real property belonging to a city, the state or any political subdivision thereof may be acquired without its consent.

History:

[31-4214, added 1970, ch. 211, sec. 14, p. 584.]
Idaho Code § 31-5102 — Idaho Code / Title 31 / Chapter 51 / Section 31-5102
31-5102 STUDY COMMISSION — QUALIFICATIONS.
Status: in_force

31-5102. Study commission — Qualifications. A member of a study commission shall be at least twenty-one (21) years of age and shall have resided in the county one (1) year preceding his appointment. Elected officials of the county then serving in office shall not be eligible.

History:

[31-5102, added 1996, ch. 283, sec. 2, p. 921.]
Idaho Code § 31-4916 — Idaho Code / Title 31 / Chapter 49 / Section 31-4916
31-4916 TRANSFER OF PROPERTY AUTHORIZED.
Status: in_force

31-4916. Transfer of property authorized. Any county, city, other political subdivision, public or quasi-public entity, and the state and any agency or department thereof, shall have the power to sell, convey or transfer with or without consideration, or to lease, for any term and upon any consideration, any property, real or personal, to a district.

History:

[31-4916, added 1990, ch. 390, sec. 1, p. 1091.]
Idaho Code § 31-5210 — Idaho Code / Title 31 / Chapter 52 / Section 31-5210
31-5210 COUNTY TREASURER, EX OFFICIO TAX COLLECTOR AND PUBLIC ADMINISTRATOR.
Status: in_force

31-5210. County treasurer, ex officio tax collector and public administrator. For purposes of this act, the duties of the county treasurer as ex officio public administrator shall be as provided in chapter 1, title 14, Idaho Code; and the duties of the county treasurer as county treasurer and ex officio tax collector shall be as provided in chapters 15 and 21, title 31, Idaho Code, and title 63, Idaho Code, and as otherwise prescribed by law. A county treasurer, ex officio tax collector and public administrator:

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

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

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

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

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

History:

[31-5210, added 1996, ch. 283, sec. 3, p. 926.]
Idaho Code § 31-5406 — Idaho Code / Title 31 / Chapter 54 / Section 31-5406
31-5406 COUNTY ASSESSOR.
Status: in_force

31-5406. 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 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:

[31-5406, added 1996, ch. 283, sec. 5, p. 935.]
Idaho Code § 31-4815 — Idaho Code / Title 31 / Chapter 48 / Section 31-4815
31-4815 CREATION OF THE IDAHO PUBLIC SAFETY COMMUNICATIONS COMMISSION — TERMS.
Status: in_force

31-4815. Creation of the Idaho public safety communications commission — Terms. (1) There is hereby created in the military division an Idaho public safety communications commission (hereinafter referred to as "the commission") with the purposes identified in section 31-4801(2)(d), Idaho Code.

(2) Notwithstanding any other provision of law to the contrary, the commission shall, upon being constituted, exercise its powers and duties in accordance with the provisions of this section relative to consolidated emergency communications and interoperable public safety communications and data systems in this state established by enactment of the legislature or by private act.

(3) All members of the commission will be appointed by the governor and will serve at the pleasure of the governor.

(4) The commission shall be composed of eighteen (18) voting members. The statewide interoperability coordinator of the Idaho office of emergency management will not be a member of the commission, but shall report quarterly to the commission.

(5) Appointment by the governor will include the following voting members:

(a) The director of the Idaho office of emergency management or a designated representative and the director of the Idaho state police or a designated representative.

(b) The chair of the Idaho technology authority and one (1) legislator selected by joint approval from the speaker of the house of representatives and the president pro tempore of the senate.

(c) The governor will receive suggested names of candidates and alternates for representation from the following and will appoint at his own discretion one (1) representative as a voting member from each: one (1) member representing the association of Idaho cities, one (1) member representing the Idaho association of counties, two (2) members representing the Idaho sheriffs' association, one (1) member representing the Idaho chiefs of police association, one (1) member representing the Idaho fire chiefs association, one (1) member representing the Idaho health and welfare department's state emergency medical services communications center, and one (1) member representing the Native American tribes of the state.

(d) Six (6) district interoperable governance board (DIGB) representatives. Each district shall select from the following to represent its district: a county commissioner, sheriff, mayor, chief of police, fire service chief, public safety answering point manager, public safety technology manager or emergency medical services manager.

(6) Commission representatives shall be appointed by the governor as follows:

(a) Each association, entity or DIGB shall select one (1) primary and one (1) alternate candidate to represent the association, entity or DIGB. Following administrative procedures guidelines, both names shall be submitted to the administrative agency responsible for these tasks, which is the Idaho office of emergency management, within thirty (30) days after a term expires or a vacancy occurs. The Idaho office of emergency management will then forward each entity's names to the governor for consideration and appointment to the commission.

(b) Should any association, entity or DIGB fail to submit the names of the candidate and the alternate as directed in this subsection, the commission shall select a candidate and alternate from the association, entity or district and submit those names to the governor for consideration and appointment to the commission.

(7) Except as provided in this subsection, members of the commission shall be appointed to a term of four (4) years. The following members shall be appointed to an initial term of two (2) years: the member representing the Idaho fire chiefs association, the member representing the Idaho chiefs of police association, one (1) member representing the Idaho sheriffs' association, the member representing the Idaho department of health and welfare emergency medical services communications center, the member representing the Native American tribes, the member from the state legislature, the chair of the Idaho technology authority, and the representatives of DIGBs one, three and five. The remaining members appointed by the governor shall be appointed for an initial term of four (4) years. Thereafter, all terms shall be for a period of four (4) years.

(8) The commission shall recommend to the governor a list of candidates to be appointed to a four (4) year term as chair. The governor shall appoint the chair from the list of candidates. The commission shall elect a vice chair and such officers as it may deem necessary and appropriate. The commission shall meet at least annually and at the call of the chair. Members of the commission shall be compensated as provided in section 59-509(b), Idaho Code. Compensation shall be paid from the emergency communications fund created in section 31-4818, Idaho Code.

History:

[31-4815, added 2004, ch. 325, sec. 2, p. 974; am. 2007, ch. 292, sec. 1, p. 828; am. 2016, ch. 127, sec. 5, p. 369; am. 2022, ch. 111, sec. 19, p. 379.]
Idaho Code § 31-2803 — Idaho Code / Title 31 / Chapter 28 / Section 31-2803
31-2803 DISPOSAL OF PROPERTY FOUND ON CORPSE.
Status: in_force

31-2803. Disposal of property found on corpse. The coroner must within thirty (30) days after an inquest upon a dead body, deliver to the county treasurer or the legal representatives of the deceased, any money or other property found upon the body.

History:

[(31-2803) 1874, p. 566, sec. 15; R.S., sec. 2082; reen. R.C. & C.L., sec. 2098; C.S., sec. 3677; I.C.A., sec. 30-2303.]
Idaho Code § 31-5301 — Idaho Code / Title 31 / Chapter 53 / Section 31-5301
31-5301 COMMISSION-MANAGER FORM OF GOVERNMENT.
Status: in_force

31-5301. Commission-manager form of government. The form of government provided in this chapter shall be known as the commission-manager. Each county operating under this form shall be governed by an elected board of county commissioners and a manager appointed by the board of county commissioners and the other officers specified in the resolution or petition from the choices provided in sections 31-5307 through 31-5312, Idaho Code.

History:

[31-5301, added 1996, ch. 283, sec. 4, p. 929.]
Idaho Code § 31-4323 — Idaho Code / Title 31 / Chapter 43 / Section 31-4323
31-4323 CREATION OF INDEBTEDNESS FOR WORKS OR IMPROVEMENTS — ELECTION ON PROPOSED INDEBTEDNESS.
Status: in_force

31-4323. Creation of indebtedness for works or improvements — Election on proposed indebtedness. Whenever the board of a recreation district shall, by resolution, determine that the interest of said district and the public interest or necessity demand the acquisition, construction, installation, completion or maintenance of any purpose stated in section 31-4316, Idaho Code, equipment or apparatus to carry out the objects or purposes of said district requiring the creation of an indebtedness exceeding the income and revenue provided for the year, the board shall order the submission of the proposition of issuing such obligations or bonds or creating other indebtedness to the qualified electors, at an election held, subject to the provisions of section 34-106, Idaho Code, for that purpose. The declaration of public interest or necessity, herein required, and the provision for the holding of such election, may be included within one and the same resolution, which resolution, in addition to such declaration of public interest or necessity, shall recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the works or improvements, as the case may be, the amount of principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on such indebtedness. Such resolutions shall also fix the date upon which such election shall be held, and the manner of holding the same, which shall be in accordance with the provisions of title 34, Idaho Code, and the method of voting for or against the incurring of the proposed indebtedness. The county commissioners, pursuant to section 34-302, Idaho Code, shall designate the polling place or places and the county clerk shall appoint for each polling place, from the qualified electors, the judges of such election, provided, however, that no district shall issue or have outstanding its coupon bonds in excess of two percent (2%) of market value for assessment purposes of the real estate and personal property within the said district or in excess of ten percent (10%) of market value for assessment purposes of real estate and personal property within a district created pursuant to section 31-4304A, Idaho Code, according to the assessment of the year preceding any such issuance of such evidence of indebtedness for any or all of the propositions specified in this election.

History:

[I.C., sec. 31-4323, as added by 1971, ch. 71, sec. 2, p. 161; am. 1980, ch. 350, sec. 11, p. 900; am. 1995, ch. 118, sec. 43, p. 464; am. 1995, ch. 353, sec. 7, p. 1197; am. 2009, ch. 341, sec. 20, p. 1005.]
Idaho Code § 31-2228 — Idaho Code / Title 31 / Chapter 22 / Section 31-2228
31-2228 YOUTH PROGRAMS FUND.
Status: in_force

31-2228. Youth programs fund. The sheriff of each county is authorized to create a self-perpetuating youth programs fund for use in implementation of prevention and early intervention programs for at-risk youth in the county, including but not limited to: (1) providing mentoring programs, (2) creating safe places and structured activities in nonschool hours, (3) fostering good health, (4) developing effective education opportunities for marketable career skills, and (5) providing an opportunity for youth to give back to their community. Proceeds from the fee imposed pursuant to section 49-418B, Idaho Code, transferred to the county, shall be deposited to the fund. In addition, the sheriff may accept gifts and donations from individuals and private organizations or foundations, or appropriations from public entities. The fund shall be subject to yearly audit authorized by the board of county commissioners.

History:

[31-2228, added 2000, ch. 306, sec. 1, p. 1042.]
Idaho Code § 31-3615 — Idaho Code / Title 31 / Chapter 36 / Section 31-3615
31-3615 CONTRACTING AND PROCUREMENT POWERS OF BOARD.
Status: in_force

31-3615. Contracting and procurement powers of board. The county hospital board shall have power to contract for, purchase and pay for all material, equipment, services and supplies necessary or convenient for the efficient, economical and successful operation and maintenance of the county hospital properties. The county hospital board may make expenditures in accordance with the provisions of chapter 28, title 67, Idaho Code. Moreover, the county hospital board which participates with other hospitals as a member of a group purchasing association that engages in a formal competitive bidding process on behalf of member institutions for the purchase of hospital supplies and equipment may utilize that bidding process established by chapter 28, title 67, Idaho Code. For purposes of this subsection, payment for services may include reasonable expenses incident to the hiring or maintaining of hospital staff, chief executive officers, board members or operating employee personnel, to be incurred and paid under rules and regulations adopted and approved as described in section 31-3610, Idaho Code.

History:

[31-3615, added 1946 (1st E.S.), ch. 38, sec. 15, p. 75; am. 1955, ch. 102, sec. 2, p. 224; am. 1975, ch. 91, sec. 1, p. 187; am. 1981, ch. 24, sec. 1, p. 42; am. 1982, ch. 340, sec. 8, p. 856; am. 1983, ch. 26, sec. 1, p. 75; am. 2005, ch. 213, sec. 2, p. 638.]
Idaho Code § 31-201 — Idaho Code / Title 31 / Chapter 2 / Section 31-201
31-201 TIME FOR HOLDING COUNTY SEAT ELECTION.
Status: in_force

31-201. Time for holding county seat election. All elections for the removal of county seats shall be held at the same time and place at which general elections are held.

History:

[(31-201) 1890-1891, p. 57, sec. 118; reen. 1899, p. 33, sec. 105; reen. R.C. & C.L., sec. 466; C.S., sec. 650; I.C.A., sec. 30-201.]
Idaho Code § 31-5106 — Idaho Code / Title 31 / Chapter 51 / Section 31-5106
31-5106 FINAL REPORT RECOMMENDING OPTIONAL FORM — ELECTION.
Status: in_force

31-5106. Final report recommending optional form — Election. (1) If the commission is established by resolution of the governing body and the final report recommends that an optional form of county government be submitted to the electors, the governing body may submit the question at the next succeeding general election. The governing body shall determine whether the question will be submitted within thirty (30) days of receiving the final report and shall make a record of its decision, citing the reasons for any decision not to submit the question to the electors.

(2) If the commission is established by petition and the final report recommends that an optional form of county government be submitted to the electors, the governing body shall submit the question at the next succeeding general election.

History:

[31-5106, added 1996, ch. 283, sec. 2, p. 923.]
Idaho Code § 31-408 — Idaho Code / Title 31 / Chapter 4 / Section 31-408
31-408 PREPARATION AND FORM OF BALLOTS.
Status: in_force

31-408. Preparation and form of ballots. It shall be the duty of the county clerk of each of said counties to cause ballots to be printed to state:

"Shall …. County be consolidated with …. County?

□ Yes

□ No"

The county clerk in each county shall send the requisite number of ballots to each voting precinct in his county in a reasonable time before the election. All ballots and supplies to be used at such election, and the expenses necessarily incurred in the preparation and conduct of such election, shall be paid out of the county election fund as in the case of general elections.

History:

[31-408, added 1933, ch. 135, sec. 8, p. 206; am. 2009, ch. 341, sec. 15, p. 1002.]
Idaho Code § 31-2413 — Idaho Code / Title 31 / Chapter 24 / Section 31-2413
31-2413 RECEPTION BOOK.
Status: in_force

31-2413. Reception book. There shall be provided by the county recorder of each county, a book for use in the office of the recorder to be known as the reception book, in which shall be entered, immediately after numbering, all instruments, papers or notices authorized by law to be recorded. Such book shall be ruled in parallel columns and in the first column at the left hand side of the page shall be entered the instrument number; in the second column, the day, hour and minute of filing; in the third column, the grantor, or person executing the instrument; in the fourth column, the grantee, or person to whom the instrument is executed, if there be such; in the fifth column, the character of the instrument; in the sixth column, the book and page where recorded; in the seventh column a brief description of the property, if any, described therein; and in the last column at the right, the name of the person to whom delivered. Such book shall be a part of the public records of such office, and open to public inspection during office hours.

History:

[(31-2413) 1903, p. 428, sec. 2; reen. R.C. & C.L., sec. 2072; C.S., sec. 3645; I.C.A., sec. 30-1913; am. 1989, ch. 90, sec. 6, p. 213.]
Idaho Code § 31-1401 — Idaho Code / Title 31 / Chapter 14 / Section 31-1401
31-1401 PURPOSE AND POLICY OF LAW — SHORT TITLE.
Status: in_force

31-1401. Purpose and policy of law — Short title. The protection of property against fire and the preservation of life, and enforcement of any of the fire codes and other rules that are adopted by the state fire marshal pursuant to chapter 2, title 41, Idaho Code, are hereby declared to be a public benefit, use and purpose. Any portion of a county not included in any other fire protection district may be organized into a fire protection district under the provisions of this chapter. All taxable property within any fire protection district created under the provisions of this chapter is and shall be benefited ratably in proportion to assessed valuation by the creation and maintenance of such district, and all taxable property within any such district shall be assessed equally in proportion to its assessed valuation for the purpose of and in accordance with the provisions of this chapter. This chapter shall be known as the "Fire Protection District Law," and whenever cited, enumerated, referred to or amended, may be designated as the "Fire Protection District Law," adding when necessary the code section number.

History:

[31-1401, added 1943, ch. 161, sec. 1, p. 324; am. 1974, ch. 77, sec. 1, p. 1164; am. 1985, ch. 178, sec. 2, p. 460; am. 2006, ch. 318, sec. 1, p. 990.]
Idaho Code § 31-3918 — Idaho Code / Title 31 / Chapter 39 / Section 31-3918
31-3918 INDEBTEDNESS PROHIBITED — EXCEPTIONS.
Status: in_force

31-3918. Indebtedness prohibited — Exceptions. The board of commissioners of an ambulance service district organized pursuant to the provisions of this chapter shall have no power to incur any debt or liability, except as otherwise provided in this section:

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

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

(b) Whenever the board of a district shall deem it advisable to issue general obligation coupon bonds, the board shall provide for the issuance of such bonds by ordinance that shall specify and set forth all the purposes, objects, and things required by section 57-203, Idaho Code, and make provision for the collection of an annual tax sufficient to:

(i) Constitute a sinking fund for the payment of the principal thereof within thirty (30) years from the time of contracting said bonded indebtedness; and

(ii) To pay the interest on such proposed bonds as it falls due.

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

(d) Bonds issued pursuant to the provisions of this section and the income therefrom shall be exempt from taxation.

History:

[31-3918, added 2020, ch. 209, sec. 16, p. 613.]
Idaho Code § 31-2612 — Idaho Code / Title 31 / Chapter 26 / Section 31-2612
31-2612 CONTINGENT FUND — APPROVAL OF DISTRICT COURT.
Status: in_force

31-2612. Contingent fund — Approval of district court. The prosecuting attorney of each county, by and with the consent and approval first had and obtained of the district court, or any judge thereof, in and for his county, is hereby authorized and empowered to incur the expenses specified in the preceding section, so far as is necessary, to the amount annually appropriated by said board of county commissioners for said purpose.

History:

[(31-2612) 1911, ch. 140, sec. 2, p. 436; reen. C.L., sec. 2086e; C.S., sec. 3663; I.C.A., sec. 30-2112.]
Idaho Code § 31-4806 — Idaho Code / Title 31 / Chapter 48 / Section 31-4806
31-4806 AUTHORIZATION FOR GOVERNING BOARD TO APPOINT OFFICIAL TO SUPERVISE EMERGENCY COMMUNICATIONS SERVICE IN THE ABSENCE OF JOINT POWERS AGREEMENT.
Status: in_force

31-4806. Authorization for governing board to appoint official to supervise emergency communications service in the absence of joint powers agreement. Whenever the electors approve imposing the emergency communications fee as provided in this chapter, but in the absence of an agreement to form a joint powers board or administrator as provided in this chapter, the governing board is hereby authorized to appoint an official or administrator to maintain, operate, enhance and govern a consolidated emergency communications system.

History:

[31-4806, added 1988, ch. 348, sec. 1, p. 1029; am. 1990, ch. 200, sec. 5, p. 451; am. 2003, ch. 290, sec. 7, p. 790.]
Idaho Code § 31-4326A — Idaho Code / Title 31 / Chapter 43 / Section 31-4326A
31-4326A SECURITY — TAX LEVIES AND SINKING FUND.
Status: in_force

31-4326A. Security — Tax levies and sinking fund. After the issuance of any bonds authorized by section 31-4326, Idaho Code, the full faith and credit of the issuing district, and all taxable property within its limits, as constituted at the time of the issuance of such bonds, are, shall be, and must continue, pledged to the full and prompt payment of the principal and interest thereof. Should any tax for the payment of principal and interest on any bonds issued under the provisions of this act at any time not be levied or collected in time to meet such payments, such payments shall be made out of other funds of such district. The governing board of such district shall levy and cause to be levied annually at the time when and in the manner in which other general taxes of such district are levied, upon all the taxable property within its limits, in addition to all other authorized taxes and assessments, a tax or assessment sufficient to meet the payments of principal of and interest on said bonds as the same mature, and to constitute a sinking fund for the payment of the principal amount of said bonds and the interest thereon within no more than twenty (20) years from the time of contracting the indebtedness evidenced thereby all in accordance with the provisions made for the payment of the principal of and interest on such bonds as theretofore provided by ordinance or by resolution and as required by the constitution and laws of the state of Idaho; and such taxes shall be levied, assessed, certified, extended, and collected by the proper officers and at the times, all as fixed by law and as other taxes are levied, assessed, certified, extended and collected in, for and by the district and by the same officers thereof until the principal and interest of all such bonds and interest thereon shall be fully paid. All of such taxes when collected shall be credited by the proper receiving officers to separate funds distinct from the funds for the payment of the principal of or the interest on bonds of any other series or issue, and apart from any other funds of the district. The requirements of this section shall apply to all bonds hereafter issued by recreation districts pursuant to said section 31-4326, Idaho Code, including any such bonds heretofore voted but not yet issued.

History:

[I.C., sec. 31-4326A, as added by 1973, ch. 77, sec. 1, p. 122.]
Idaho Code § 31-4317 — Idaho Code / Title 31 / Chapter 43 / Section 31-4317
31-4317 POWERS OF DISTRICT.
Status: in_force

31-4317. Powers of district. Each district is a body politic and corporate and as such shall, in the name of and for the uses and purposes of the district, have power:

(a) to adopt a seal which may be changed or altered at the pleasure of the board;

(b) to sue and be sued;

(c) to designate one (1) or more banks to be the official depository of the district funds as provided by law;

(d) to make and execute all contracts necessary or convenient;

(e) to acquire, hold, occupy, use, manage, possess, lease, exchange, sell and convey such property, both real and personal, as may be necessary or convenient;

(f) to accept gifts and donations of such property, both real or personal, as may be necessary or convenient;

(g) to construct or erect all buildings or structures which are necessary or convenient;

(h) to cooperate with and to contract with the state and federal governments or any bureau or agency thereof and with any county, city, school district, other recreation districts, other political subdivisions or municipal corporations to provide funds for district facilities or to provide joint facilities;

(i) to operate and provide all concessions necessary or convenient;

(j) to provide classes in water safety and swimming to the public;

(k) to hire and to dismiss all necessary agents, attorneys and other employees and to fix and pay their compensation and expenses out of the district funds;

(l) to require a bond for the faithful performance of their duties as such officers, agents or employees of the district and to pay the costs thereof from district funds;

(m) to fix and collect fees and charges for the use of the district's facilities, and to reduce or waive the same as to any person not reasonably able to pay therefor;

(n) to make and enforce all rules and regulations for the operation and use of the district facilities;

(o) to invest any funds of the district not then required for district purposes in any securities of the state or the United States or in time certificates of deposit of authorized public depositories;

(p) to levy and apply such taxes for such purposes as are authorized by law;

(q) to exercise such other powers as may be conferred by law;

(r) may contract with the county, or highway district to maintain and improve public transportation systems within and providing access to the district. The district shall be entitled to all fees levied within the district each year on real and personal property for such purposes.

History:

[31-4317, added 1970, ch. 212, sec. 17, p. 599; am. 1974, ch. 15, sec. 1, p. 302; am. 1995, ch. 353, sec. 5, p. 1195.]
Idaho Code § 31-4112 — Idaho Code / Title 31 / Chapter 41 / Section 31-4112
31-4112 BUDGET — SPECIAL ASSESSMENT.
Status: in_force

31-4112. Budget — Special assessment. The board of trustees shall, from the list prepared by the county assessor or assessors, remove therefrom the names of any persons and their property who have claimed exemption under this act and shall prepare a budget for the expenses for the next year, the budget together with the list of real property owners within the district and the number of service units located on each parcel of real property subject to the special assessment after all exemptions have been allowed as provided in this act shall be presented by September first to the board or boards of county commissioners of the counties, in whole or in part within the district, who shall levy the assessment on service units found within their county as requested by the trustees; provided however, the assessment shall not exceed the sum of thirty dollars ($30.00) per annum per service unit and in the event there is more than one (1) service unit located upon the parcel of real property, for example, but not limited to, a motel, hotel, or apartment structure or complex, the second and all subsequent service units' assessments shall be at the rate of twenty per cent (20%) of the assessment made for that year on the first service unit assessed. The board of county commissioners shall levy the assessment in accordance with the request herein mentioned and the assessment shall be certified and collected in the same manner provided by law for the collection of real property taxes.

History:

[31-4112, added 1969, ch. 308, sec. 12, p. 944; am. 1994, ch. 279, sec. 1, p. 867.]
Idaho Code § 31-3215 — Idaho Code / Title 31 / Chapter 32 / Section 31-3215
31-3215 EXECUTION FOR FEES.
Status: in_force

31-3215. Execution for fees. If any clerk, sheriff, justice of the peace, or constable, shall not have received any fees which may be due him for services rendered in any suit or proceeding, he may have execution therefor, in his own name, against the party from whom they are due, to be issued from the court in which the action is pending.

History:

[(31-3215) R.S., sec. 2140; reen. R.C. & C.L., sec. 2131; C.S., sec. 3716; I.C.A., sec. 30-2715; am. 1970, ch. 120, sec. 13, p. 284.]
Idaho Code § 31-118 — Idaho Code / Title 31 / Chapter 1 / Section 31-118
31-118 CASSIA COUNTY.
Status: in_force

31-118. Cassia county. Cassia county is described as follows: beginning with the intersection of the center of the main channel of Snake river with the north and south center line of section twenty-eight (28), township ten (10) south, range twenty-one (21) east;

Western boundary. Thence south on the said center line of said 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 the 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 said section thirty-six (36); thence south on the section lines to the south line of township eleven (11) south, thence west to the southeast corner of township eleven (11) south, range eighteen (18) east; thence south on the range lines to the south line of the state of Idaho (1907, p. 40);

Southern boundary. Thence east along the south boundary line of the state of Idaho to the intersection of the same with the one hundred thirteenth (113th) meridian west from Greenwich;

Eastern boundary. Thence north along the said meridian to the intersection of the same with the (R.C., section 23i) southern line of township twelve (12) south; thence west upon and along the southern line of said township twelve (12), to the southwest corner of township twelve (12) south, range thirty (30) east; thence north upon the range line between ranges twenty-nine (29) and thirty (30) east, to the southwest corner of township nine (9) south, range thirty (30) east;

Northern boundary. Thence west along and upon the south line of township nine (9) south, to the southwest corner of section thirty-four (34), township nine (9) south, range twenty-eight (28) east; thence north upon and along the line between sections thirty-three (33) and thirty-four (34), township nine (9) south, range twenty-eight (28) east, and an extension thereof to the point where said line so extended intersects the center of the main channel of Snake river (1913, ch. 6, section 2, p. 32); thence down the center of the main channel of said river in a southwesterly direction to the point of beginning (R.C., section 23i).

County seat– Burley.

History:

[(31-118) Compiled and reen. C.L. 3:17; C.S., sec. 22; I.C.A., sec. 30-118; am. 1989, ch. 9, sec. 1, p. 10; am. 2024, ch. 208, sec. 1, p. 743.]
Idaho Code § 31-4910 — Idaho Code / Title 31 / Chapter 49 / Section 31-4910
31-4910 BONDS AND OTHER INDEBTEDNESS.
Status: in_force

31-4910. Bonds and other indebtedness. A district shall have power to issue bonds or other obligations including, without limitation, installment purchase or lease-purchase obligations, from time to time in the discretion of the district board, for any of its corporate purposes. A district shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued or other indebtedness previously incurred by it. In order to carry out the purposes of this chapter, a district may issue, upon proper resolution, bonds or other obligations on which the principal and interest are payable (a) exclusively from the income and revenue of a project financed with the proceeds of such bonds or other obligations; or (b) exclusively from such income and revenues together with grants and contributions from the federal government or other moneys of the district or any source in aid of such project.

Neither the members of the district board nor any person executing the bonds shall be liable personally on the bonds or other obligations by reason of the issuance thereof. The bonds and other obligations of a district (and such bonds and obligations shall so state on their face) shall not be a debt or liability, direct or indirect, of the district, the state, or any political subdivision thereof, and neither the district, 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 the district. Bonds of a district are declared to be issued for an essential public and governmental purpose, and the interest thereon shall be exempt from income taxation by the state of Idaho.

History:

[31-4910, added 1990, ch. 390, sec. 1, p. 1089.]
Idaho Code § 31-1402 — Idaho Code / Title 31 / Chapter 14 / Section 31-1402
31-1402 CREATION AND ORGANIZATION OF DISTRICT.
Status: in_force

31-1402. Creation and organization of district. (1) Whenever twenty-five (25) or more of the holders of title, or evidence of title, to lands aggregating not less than one thousand (1,000) acres of contiguous territory, or consisting of contiguous territory of less extent but having market value for assessment purposes of at least five hundred thousand dollars ($500,000) at the last preceding county assessment, desire to provide for the organization of the same as a fire protection district, none of their lands being included within the boundaries of an already created and organized fire protection district under the terms of this chapter, a district may be created and organized as provided in this chapter.

(2) All creations and organizations of fire protection districts and annexations to existing fire protection districts during the twelve (12) month period preceding the effective date of this act shall be deemed to be in full compliance with all applicable laws regardless of prior interpretations.

History:

[31-1402, added 1943, ch. 161, sec. 2, p. 324; am. 1980, ch. 350, sec. 5, p. 891; am. 1984, ch. 202, sec. 1, p. 493; am. 1994, ch. 360, sec. 1, p. 1128.]
Idaho Code § 31-701 — Idaho Code / Title 31 / Chapter 7 / Section 31-701
31-701 CONSTITUTION OF BOARD.
Status: in_force

31-701. Constitution of board. Each county must have a board of county commissioners consisting of three (3) members.

History:

[(31-701) 1868, p. 100, sec. 1; R.S., sec. 1745; reen. R.C. & C.L., sec. 1904; C.S., sec. 3402; I.C.A., sec. 30-601.]
Idaho Code § 31-5303 — Idaho Code / Title 31 / Chapter 53 / Section 31-5303
31-5303 POWERS AND DUTIES.
Status: in_force

31-5303. Powers and duties. The manager shall:

(1) Have general supervision of the administrative functions of the county;

(2) See that the ordinances, resolutions and contracts of the board of county commissioners are complied with and faithfully executed;

(3) Furnish the board with information concerning the operations of county departments, boards or commissions, as necessary for the board to exercise its powers or as requested by the board and submit any other reports requested by the board or as he deems necessary;

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

(5) Keep the board fully advised of the financial condition and needs of the county;

(6) Attend meetings of the board of county commissioners, take part in the discussions, but not vote, and recommend measures for adoption;

(7) Exercise the executive authority of the county to appoint, supervise, suspend and remove county personnel and make nominations and appointments to advisory boards and committees;

(8) Perform such other duties as the board may establish by ordinance or resolution.

History:

[31-5303, added 1996, ch. 283, sec. 4, p. 929.]
Idaho Code § 31-829 — Idaho Code / Title 31 / Chapter 8 / Section 31-829
31-829 SALE OR REPLACEMENT OF PERSONAL PROPERTY.
Status: in_force

31-829. Sale or replacement of personal property. Whenever any elective county officer has under his jurisdiction or control any personal property belonging to the county which, in his judgment, is of no further use to the county, he may, with the consent of the board of county commissioners, in the name of the county, sell such personal property. Whenever any such official has any personal property belonging to the county under his jurisdiction or control which, in his judgment is obsolete, worn or damaged so as to require replacement and is of greater value on a trade in or exchange for replacements than upon the sale as above permitted he may, incident to purchase of such replacements and with the consent of the board of county commissioners, trade in or exchange such personal property and apply its trade in or exchange value on the purchase price of replacements. If the purchase of such replacements requires calling for bids, the call shall include bids with proposed allowances for such obsolete, worn or damaged property. All cash received from the sale of personal property must be turned in to the county treasury.

History:

[(31-829) I.C.A., sec. 30-708A, as added by 1939, ch. 76, sec. 1, p. 130; am. 1989, ch. 73, sec. 17, p. 125.]
Idaho Code § 31-1605A — Idaho Code / Title 31 / Chapter 16 / Section 31-1605A
31-1605A AUTHORIZATION FOR COUNTIES TO OPERATE ON A CASH BASIS.
Status: in_force

31-1605A. Authorization for counties to operate on a cash basis. Counties may accumulate fund balances at the end of a fiscal year and carry over such fund balances into the ensuing fiscal year sufficient to achieve or maintain county operations on a cash basis. A fund balance is the excess of the assets of a fund over its liabilities and reserves. Upon resolution by the board of county commissioners, such funds may be carried over for the use of specific county departments as an additional appropriation in the next fiscal year.

History:

[31-1605A, added 1976, ch. 45, sec. 14, p. 133; am. 1995, ch. 61, sec. 19, p. 143.]
Idaho Code § 31-3212 — Idaho Code / Title 31 / Chapter 32 / Section 31-3212
31-3212 EXCEPTIONS TO FEE SCHEDULE — HABEAS CORPUS — STATE OR ANY COUNTY OF IDAHO A PARTY — COST OF TRANSCRIPTS.
Status: in_force

31-3212. Exceptions to fee schedule — Habeas corpus — State or any county of Idaho a party — Cost of transcripts. (1) No filing or recording fee of any kind shall be charged or received by any county officer mentioned in this chapter for duties performed or services rendered in proceedings in habeas corpus, unless the habeas corpus petitioner is a prisoner as defined in section 31-3220A, Idaho Code.

(2) County officers shall not charge any fee against, or receive any compensation whatever from, the state or any county of Idaho for any services rendered in any action or proceeding in which the state of Idaho, or any state board, or state officer in his official capacity, or any county of Idaho, or county officer in his official capacity, is a party.

(3) If the habeas corpus petitioner or appellant is a prisoner, and is not an indigent prisoner as defined in section 31-3220A, Idaho Code, the prisoner may be required to pay all or part of the filing fees on appeal as set forth in sections 31-3201 and 31-3201A, Idaho Code. If the appellant is an indigent prisoner, as found by the court under section 31-3220A, Idaho Code, the transcript on appeal will be paid for as provided in section 1-1105(2), Idaho Code.

(4) In habeas corpus cases on appeal to the supreme court of the state of Idaho, in which the appellant is not a prisoner but is otherwise restrained of his liberty by any public officer, the transcript for use on the appeal will be paid for by the appellant. If the appellant under this paragraph is indigent, the transcript and/or record for use on the appeal will be paid for in the manner as provided in section 1-1105(2), Idaho Code.

(5) In habeas corpus cases on appeal to the supreme court of the state of Idaho, in which the custody of children is in controversy, the appellant, unless he be indigent, shall pay for the record on appeal. If the appellant under this paragraph is indigent, the record and/or transcript will be paid for as provided in section 1-1105(2), Idaho Code.

History:

[(31-3212) R.S., sec. 2138; am. 1901, p. 162, sec. 1; reen. R.C. & C.L., sec. 2129; C.S., sec. 3713; I.C.A., sec. 30-2712; am. 1967, ch. 52, sec. 1, p. 98; am. 1982, ch. 281, sec. 1, p. 715; am. 1996, ch. 420, sec. 5, p. 1401.]
Idaho Code § 31-3417 — Idaho Code / Title 31 / Chapter 34 / Section 31-3417
31-3417 SEPARABILITY.
Status: in_force

31-3417. Separability. If the provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of applications of the 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:

[31-3417, added 1992, ch. 83, sec. 3, p. 262.]
Idaho Code § 31-129 — Idaho Code / Title 31 / Chapter 1 / Section 31-129
31-129 JEROME COUNTY.
Status: in_force

31-129. Jerome county. Jerome county is described as follows: beginning at the northwest corner of section five (5), township seven (7) south, range sixteen (16) east, Boise meridian;

Northern boundary. Thence east thirteen (13) miles, more or less, to the northeast corner of section five (5), township seven (7) south, range eighteen (18) east, Boise meridian; thence south two (2) miles, more or less, to the southwest corner of section nine (9), township seven (7) south, range eighteen (18) east, Boise meridian; thence east one (1) mile, more or less, to the southeast corner of section nine (9), township seven (7) south, range eighteen (18) east, Boise meridian; thence south one (1) mile, more or less, to the southwest corner of section fifteen (15), township seven (7) south, range eighteen (18) east, Boise meridian; thence east fifteen (15) miles, more or less, to the northeast corner of section twenty-four (24), township seven (7) south, range twenty (20) east, Boise meridian; thence south three (3) miles, more or less, to the northeast corner, section one (1), township eight (8) south, range twenty (20) east, Boise meridian; thence east six (6) miles, more or less, to the northeast corner of section one (1), township eight (8) south, range twenty-one (21) east, Boise meridian;

Eastern boundary. Thence south following the range line between ranges twenty-one (21) and twenty-two (22) east, Boise meridian, to the center line of Snake river;

Southern boundary. Thence down the center line of the channel of said river, following its meanderings to a point where the same intersects the section line between sections seventeen (17) and eighteen (18) in township nine (9) south, range sixteen (16) east, Boise meridian;

Western boundary. Thence north to the place of beginning.

County seat–Jerome.

History:

[(31-129) 1919, ch. 4, secs. 2, 4, p. 14; C.S., sec. 33; I.C.A., sec. 30-129; am. 2013, ch. 41, sec. 2, p. 85.]
Idaho Code § 31-1001 — Idaho Code / Title 31 / Chapter 10 / Section 31-1001
31-1001 ERECTION OF BUILDINGS — FURNISHING OF OFFICES — CONTRACTS — LEASE OF PREMISES FOR COURTHOUSE OR JAIL — BOOKS AND STATIONERY.
Status: in_force

31-1001. Erection of buildings — Furnishing of offices — Contracts — Lease of premises for courthouse or jail — Books and stationery. (1) The board of county commissioners must cause to be erected or furnished a courthouse and jail as may be necessary and must, when necessary, provide offices with necessary furniture for the sheriff, clerk of the district court, ex officio auditor and recorder, county treasurer, prosecuting attorney, county assessor, and county surveyor and must draw warrants in payment of the same.

(2) The contract for the erection of any such buildings described in subsection (1) of this section must be awarded, after thirty (30) days' notice for proposals, to the lowest bidder who will give security for the completion of the contract.

(3) A board of county commissioners may enter into a lease for courthouse premises, rooms, and jail for any period up to five (5) years. The board of county commissioners may enter into such a lease for a period not to exceed thirty (30) years if the question has been approved by a simple majority of the electors voting at an election held pursuant to section 34-106, Idaho Code. The county commissioners may contract with responsible parties for the leasing of a courthouse or jail or a combination of courthouse and jail, to be constructed upon premises owned by the county or otherwise. Said contract shall be awarded subject to the provisions of chapter 28, title 67, Idaho Code. Such a contract also may provide that, at the expiration of the term of the lease and upon full performance of such lease by the county, the said courthouse premises, rooms, and jail, or so much thereof as is leased, may become the property of the county.

(4) The board must also provide all necessary books of record for the county auditor and recorder, county treasurer, county assessor, tax collector, clerk of the district court, and county surveyor; the books and stationery for the use of the board; and so much as is necessary for the use of said county officers in the transaction of official business.

(5) Nothing in this section shall be construed as limiting or otherwise affecting a lease or other transaction between the Idaho health facilities authority and the board of county commissioners as provided in section 31-836, Idaho Code.

History:

[(31-1001) 1874, p. 520, sec. 13; R.S., sec. 1761; am. 1905, p. 228, sec. 1; reen. R.C. & C.L., sec. 1931; C.S., sec. 3463; am. 1925, ch. 85, sec. 1, p. 119; I.C.A., sec. 30-801; am. 1961, ch. 222, sec. 1, p. 358; am. 1963, ch. 106, sec. 1, p. 328; am. 1967, ch. 330, sec. 1, p. 965; am. 1978, ch. 42, sec. 1, p. 75; am. 1980, ch. 181, sec. 1, p. 402; am. 1989, ch. 91, sec. 1, p. 215; am. 2005, ch. 213, sec. 1, p. 637; am. 2022, ch. 319, sec. 1, p. 1034.]
Idaho Code § 31-1701 — Idaho Code / Title 31 / Chapter 17 / Section 31-1701
31-1701 AUDIT OF COUNTY FINANCES — FILING.
Status: in_force

31-1701. Audit of county finances — Filing. The board of county commissioners of every county shall cause to be made, annually, a full and complete audit of the financial transactions of the county. Such audit shall be made by and under the direction of the board of county commissioners as required in section 67-450B, Idaho Code.

History:

[31-1701, added 1977, ch. 71, sec. 2, p. 134; am. 1993, ch. 327, sec. 14, p. 1204; am. 1993, ch. 387, sec. 3, p. 1419.]
Idaho Code § 31-4310 — Idaho Code / Title 31 / Chapter 43 / Section 31-4310
31-4310 PRESIDENT OF BOARD — DUTIES.
Status: in_force

31-4310. President of board — Duties. The president shall be the executive officer of the district, shall preside at all board meetings, shall countersign all checks for expenditure of district funds when such expenditure has been legally authorized and shall perform all other duties which are provided in this act to be performed by the president or which are directed or authorized by the board. The vice president shall act in the absence of the president and shall perform all other duties which are directed or authorized by the board.

History:

[31-4310, added 1970, ch. 212, sec. 10, p. 599.]
Idaho Code § 31-4222 — Idaho Code / Title 31 / Chapter 42 / Section 31-4222
31-4222 REAL PROPERTY OF AUTHORITY — EXEMPT FROM EXECUTION, OTHER JUDICIAL PROCESS AND JUDGMENT LIEN.
Status: in_force

31-4222. Real property of authority — Exempt from execution, other judicial process and judgment lien. All real property of an authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall any judgment against an authority be a charge or lien upon its real property; provided, however, that the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by an authority on its rents, fees or revenues.

History:

[31-4222, added 1970, ch. 211, sec. 22, p. 584.]
Idaho Code § 31-1002 — Idaho Code / Title 31 / Chapter 10 / Section 31-1002
31-1002 BOND ELECTION.
Status: in_force

31-1002. Bond election. Whenever the interests of any county require it, and the board of commissioners of the county deem it for the public good to purchase a site and erect thereon a courthouse and jail, or either thereof, and furnish the same; and the expense of purchasing such site, or erecting such buildings of suitable size and capacity and furnishing the same would exceed the revenue of one (1) year applicable to that purpose, and the board deems it for the public good to bond the county for the purpose of providing funds therefor, the board of commissioners may, by a resolution adopted at a regular or any special meeting called for that purpose, call an election for such purpose, subject to the provisions of section 34-106, Idaho Code, or submit, at any general election, the question of issuing negotiable coupon bonds to an amount deemed necessary to defray the expenses of purchasing such site and erecting and furnishing such buildings.

History:

[(31-1002) 1905, p. 73, sec. 1; reen. R.C. & C.L., sec. 1932; C.S., sec. 3464; I.C.A., sec. 30-802; am. 1995, ch. 118, sec. 24, p. 451.]
Idaho Code § 31-4213 — Idaho Code / Title 31 / Chapter 42 / Section 31-4213
31-4213 DUTIES REGARDING RENTALS AND TENANT SELECTION.
Status: in_force

31-4213. Duties regarding rentals and tenant selection. In the operation or management of housing projects, an authority shall at all times observe the following duties with respect to rentals and tenant selection:

(a) it may rent or lease the dwelling accommodations therein only to persons of low income and at rentals within the financial reach of such persons of low income;

(b) it may rent or lease dwelling accommodations consisting of the number of rooms, but no greater number, which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof without overcrowding.

Nothing contained in this or the preceding section shall be construed as limiting the power of authority to vest, in an obligee, the right, in the event of a default by the authority, to take possession, during the period of such default, of a housing project or cause the appointment of a receiver thereof, free from all restrictions imposed by this or the preceding section.

History:

[31-4213, added 1970, ch. 211, sec. 13, p. 584.]
Idaho Code § 31-807A — Idaho Code / Title 31 / Chapter 8 / Section 31-807A
31-807A COMMISSIONERS MUST BE DISINTERESTED.
Status: in_force

31-807A. Commissioners must be disinterested. No member of the board must be interested, directly or indirectly, in property purchased for the use of the county, nor in any purchase or sale of property belonging to the county, nor in any contract made by the board or other person on behalf of the county, for the erection of public buildings, the opening or improvement of roads, or the building of bridges, or for other purposes unless otherwise authorized by law.

History:

[31-807A, added 1995, ch. 61, sec. 2, p. 135.]
Idaho Code § 31-3906 — Idaho Code / Title 31 / Chapter 39 / Section 31-3906
31-3906 AMBULANCE SERVICE — COOPERATIVE AGREEMENTS.
Status: in_force

31-3906. Ambulance service — cooperative agreements. The board of county commissioners of any county wherein such ambulance service has been established pursuant to section 31-3901, Idaho Code, prior to July 1, 2020, is authorized, in its discretion and under such terms and conditions as it deems appropriate, to enter into a cooperative agreement with adjacent counties or fire protection districts and for private individuals and corporations to provide ambulance service for such county or counties or a portion thereof. All cost of said service shall be apportioned equitably among the participating counties and fire protection districts, as determined by their respective boards of commissioners.

History:

[31-3906, added 1963, ch. 278, sec. 6, p. 712; am. 1967, ch. 147, sec. 2, p. 333; am. 2020, ch. 183, sec. 2, p. 574; am. 2020, ch. 209, sec. 6, p. 604.]
Idaho Code § 31-4113 — Idaho Code / Title 31 / Chapter 41 / Section 31-4113
31-4113 TREASURER FOR DISTRICT — HANDLING OF FUNDS — QUALIFICATION AND DUTY.
Status: in_force

31-4113. Treasurer for district — Handling of funds — Qualification and duty. The board of trustees of the district shall appoint a treasurer, who may be bonded, to receive funds paid over by the county treasurer to the treasurer of the television translator district, who shall deposit the same in a bank and be handled in the manner prescribed by the state depository law and all other funds received by or on behalf of the district, shall be deposited by the treasurer to the credit of the district funds.

History:

[31-4113, added 1969, ch. 308, sec. 13, p. 944; am. 1986, ch. 94, sec. 1, p. 273.]
Idaho Code § 31-2006 — Idaho Code / Title 31 / Chapter 20 / Section 31-2006
31-2006 DESIGNATION OF SENIOR DEPUTY.
Status: in_force

31-2006. Designation of senior deputy. When a county officer has more than one deputy he must designate one, by indorsement upon his appointment, as senior deputy, and in case of a vacancy in the office, by death, resignation, or otherwise, or of the officer's absence, or inability to perform the duties of his office, such deputy must continue to perform the duties of the office during such vacancy, absence or inability.

History:

[(31-2006) R.S., sec. 1818; reen. R.C. & C.L., sec. 1978; C.S., sec. 3548; I.C.A., sec. 30-1506.]