reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 26 - PROSECUTING ATTORNEY › Section 31-2604 - DUTIES OF PROSECUTING ATTORNEY.

31-2604. DUTIES OF PROSECUTING ATTORNEY. It is the duty of the prosecuting attorney:
1. To prosecute or defend all actions, applications or motions, civil or criminal, in the district court of his county in which the people, or the state, or the county, are interested, or are a party; and when the place of trial is changed in any such action or proceeding to another county, he must prosecute or defend the same in such other county.
2. To prosecute all felony criminal actions, irrespective of whom the arresting officer is; to prosecute all misdemeanor or infraction actions for violation of all state laws or county ordinances when the arresting or charging officer is a state or county employee; to conduct preliminary criminal examinations which may be had before magistrates; to prosecute or defend all civil actions in which the county or state is interested; and when a written contract to do so exists between the prosecuting attorney and a city, to prosecute violations for state misdemeanors and infractions and violations of county or city ordinances committed within the municipal limits of that city when the arresting or charging officer is a city employee.
3. To give advice to the board of county commissioners, and other public officers of his county, when requested in all public matters arising in the conduct of the public business entrusted to the care of such officers.
4. To attend, when requested by any grand jury for the purpose of examining witnesses before them; to draw bills of indictments, informations and accusations; to issue subpoenas and other process requiring the attendance of witnesses.
5. On the first Monday of each month to settle with the auditor, and pay over all money collected or received by him during the preceding month, belonging to the county or state, to the county treasurer, taking his receipt therefor, and to file, on the first Monday of October in each year, in the office of the auditor of his county, an account verified by his affidavit, of all money received by him during the preceding year, by virtue of his office, for fines, forfeitures, penalties or costs, specifying the name of each person from whom he receives the same, the amount received from each, and the cause for which the same was paid.
6. To perform all other duties required of him by any law.
History:
[(31-2604) 1897, p. 74, sec. 3; reen. 1899, p. 24, sec. 3; am. and reen. R.C. & C.L., sec. 2082; I.C.A., sec. 30-2104; am. 1953, ch. 239, sec. 3, p. 360; am. 1970, ch. 120, sec. 11, p. 284; am. 1971, ch. 94, sec. 1, p. 206; am. 1976, ch. 45, sec. 24, p. 139; am. 1989, ch. 292, sec. 1, p. 719.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 26 - PROSECUTING ATTORNEY › Section 31-2605 - RECEIPTS FOR MONEY COLLECTED.

31-2605. RECEIPTS FOR MONEY COLLECTED. When any prosecuting attorney receives any money for fines, forfeitures, penalties or costs, he must deliver to the person paying the same duplicate receipts therefor, one (1) of which must be filed by such person in the office of the county auditor.
History:
[(31-2605) 1897, p. 74, sec. 4; reen. 1899, p. 24, sec. 4; am. and reen. R.C. & C.L., sec. 2083; C.S., sec. 3656; I.C.A., sec. 30-2105.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 26 - PROSECUTING ATTORNEY › Section 31-2606 - PROHIBITIONS.

31-2606. PROHIBITIONS. No prosecuting attorney must receive any fee or reward for or on behalf of any prosecutor or other individual, for services in any prosecution, or business to which it is his official duty to attend or discharge; nor be concerned as attorney or counsel for either party other than for the state, people or county, in any civil action depending upon the same state of facts, upon which any criminal prosecution commenced but not determined depends, and no law partner of any county attorney must be engaged in the defense of any suit, action or proceeding, in which said prosecuting attorney appears on behalf of the people, state or county.
History:
[(31-2606) 1897, p. 74, sec. 5; reen. 1899, p. 24, sec. 5; am. and reen. R.C. & C.L., sec. 2084; C.S., sec. 3657; I.C.A., sec. 30-2106.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 26 - PROSECUTING ATTORNEY › Section 31-2607 - ADVISER OF COUNTY COMMISSIONERS.

31-2607. ADVISER OF COUNTY COMMISSIONERS. The prosecuting attorney is the legal adviser of the board of commissioners; he must attend their meetings when required, and must attend and oppose all claims and accounts against the county when he deems them unjust or illegal.
History:
[(31-2607) 1897, p. 74, sec. 7; reen. 1899, p. 24, sec. 6; am. and reen. R.C. & C.L., sec. 2085; C.S., sec. 3658; I.C.A., sec. 30-2107.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 26 - PROSECUTING ATTORNEY › Section 31-2608 - COUNTY STENOGRAPHERS — COMPENSATION.

31-2608. COUNTY STENOGRAPHERS — COMPENSATION. The board of county commissioners of any county in this state may if they deem it advisable for the best interests of the county, employ competent stenographers at a compensation, to be fixed by said board, to take and transcribe testimony at preliminary hearings or examinations.
History:
[(31-2608) 1909, p. 146, sec. 1; am. 1913, ch. 59, sec. 1, p. 244; reen. C.L., sec. 2086a; C.S., sec. 3659; am. 1929, ch. 96, sec. 1, p. 158; I.C.A., sec. 30-2108; am. 1953, ch. 220, sec. 1, p. 335.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 26 - PROSECUTING ATTORNEY › Section 31-2609 - COUNTY STENOGRAPHERS — DUTIES.

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.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 26 - PROSECUTING ATTORNEY › Section 31-2610 - COUNTY STENOGRAPHERS — TRAVELING EXPENSES.

31-2610. COUNTY STENOGRAPHERS — TRAVELING EXPENSES. When it becomes necessary for said stenographers to go from place to place in the performance of county business, the expenses of travel, including hotel and board, shall be a charge against the county, and shall be allowed in addition to the monthly salary.
History:
[(31-2610) 1909, p. 146, sec. 3; reen. C.L., sec. 2086c; C.S., sec. 3661; I.C.A., sec. 30-2110; am. 1953, ch. 220, sec. 3, p. 335.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 26 - PROSECUTING ATTORNEY › Section 31-2611 - PROSECUTING ATTORNEY’S CONTINGENT FUND — APPROPRIATION BY COMMISSIONERS.

31-2611. PROSECUTING ATTORNEY’S CONTINGENT FUND — APPROPRIATION BY COMMISSIONERS. The county commissioners of each county in this state are hereby authorized and directed to set apart at their first meeting in October of each year, from any funds then in the county treasury, not specially appropriated or set aside for other purposes, in an amount to be fixed by said board of county commissioners, a sum of money not less than one hundred dollars ($100) and not more than one thousand dollars ($1000), to be used by the prosecuting attorney of each county as a contingent fund for the purpose of defraying such necessary expenses as are not otherwise specifically provided for in the trial and preparation for trial of criminal cases, and in the payment of such necessary expenses as are not otherwise provided for in conducting investigations by the grand jury.
History:
[(31-2611) 1911, ch. 140, sec. 1, p. 436; reen. C.L., sec. 2086d; C.S., sec. 3662; I.C.A., sec. 30-2111; am. 1976, ch. 45, sec. 25, p. 140.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 26 - PROSECUTING ATTORNEY › Section 31-2612 - CONTINGENT FUND — APPROVAL OF DISTRICT COURT.

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.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 26 - PROSECUTING ATTORNEY › Section 31-2613 - CONTINGENT FUND — MANNER OF DISBURSEMENT.

31-2613. CONTINGENT FUND — MANNER OF DISBURSEMENT. All disbursements from said fund shall be made in the usual manner by the county treasurer of each county upon the warrant of the auditor of each county, which auditor’s warrant shall be executed and delivered in an amount, and to the person designated by the order of the prosecuting attorney, countersigned by any judge of the district court for that county.
Before any such approval shall be indorsed upon any such order of any prosecuting attorney so applying for the same, it shall be the duty of said prosecuting attorney so applying for the same, to present to said judge of the district court an itemized and detailed statement of the expenses, for the payment of which he then makes application, and which statement shall be verified by said prosecuting attorney in the usual manner provided for the verification of claims against the counties of this state.
Immediately upon such judge of the district court affixing his indorsement to said order of the prosecuting attorney, said judge, if in his opinion the public interests will not be prejudiced thereby, and if he be of the opinion that the public interests will permit, shall file in the office of the county auditor of the county on which said order is drawn, said itemized and verified list so furnished by said prosecuting attorney.
History:
[(31-2613) 1911, ch. 140, secs. 3-5, p. 436; reen. C.L., sec. 2086f; C.S., sec. 3664; I.C.A., sec. 30-2113.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 26 - PROSECUTING ATTORNEY › Section 31-2614 - CONTINGENT FUND — UNEXPENDED BALANCE.

31-2614. CONTINGENT FUND — UNEXPENDED BALANCE. Any sum remaining in said fund on the thirtieth day of September of each year shall then be transferred by the county auditor to the general county revenue fund of said county.
History:
[(31-2614) 1911, ch. 140, sec. 6, p. 437; reen. C.L., sec. 2086g; C.S., sec. 3665; I.C.A., sec. 30-2114; am. 1976, ch. 45, sec. 26, p. 140.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 27 - COUNTY SURVEYOR › Section 31-2705 - ESTABLISHMENT OF COUNTY LINES.

31-2705. ESTABLISHMENT OF COUNTY LINES. Whenever it shall be ordered by an act of the legislature to establish the boundary line between two (2) counties, the board of county commissioners of each county interested in the boundary shall jointly select and retain the services of a professional land surveyor to establish said boundary line, or each county shall select and retain the services of a professional land surveyor who shall jointly establish said boundary, and firmly plant and mark corners and monuments of imperishable material, also to prepare plats and field notes jointly, one (1) copy of which shall be filed with the auditor and recorder of each of the counties so interested. The fees and compensations for such surveys, plats and field notes, shall be paid out of the county treasury upon the order of the county commissioners of each county to the respective surveyors so employed.
History:
[(31-2705) 1897, p. 19, sec. 6; reen. 1899, p. 295, sec. 6; reen. R.C. & C.L., sec. 2091; C.S., sec. 3670; I.C.A., sec. 30-2205; am. 1963, ch. 90, sec. 2, p. 286; am. 1989, ch. 101, sec. 1, p. 234.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 27 - COUNTY SURVEYOR › Section 31-2707 - COUNTY SURVEYS TO BE MADE BY PROFESSIONAL LAND SURVEYOR.

31-2707. COUNTY SURVEYS TO BE MADE BY PROFESSIONAL LAND SURVEYOR. All surveys, maps and plats ordered by the board of county commissioners shall be made by a professional land surveyor retained by the board who shall be paid such fee as may be fixed and agreed upon.
History:
[(31-2707) 1897, p. 19, sec. 8; reen. 1899, p. 295, sec. 8; reen. R.C. & C.L., sec. 2093; C.S., sec. 3672; I.C.A., sec. 30-2207; am. 1963, ch. 90, sec. 3, p. 286; am. 1989, ch. 101, sec. 2, p. 235.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 27 - COUNTY SURVEYOR › Section 31-2709 - SURVEYS MUST CONFORM TO UNITED STATES MANUAL.

31-2709. SURVEYS MUST CONFORM TO UNITED STATES MANUAL. No surveys or resurveys hereafter made shall be considered legal evidence in any court within the state, except such surveys as are made in accordance with the United States manual of surveying instructions, the circular on restoration of lost or obliterated corners and subdivisions of sections, issued by the general land office, or by the authority of the United States, the state of Idaho, or by mutual consent of the parties.
History:
[(31-2709) 1897, p. 19, sec. 1; reen. 1899, p. 295, sec. 1; reen. R.C. & C.L., sec. 2095; C.S., sec. 3674; I.C.A., sec. 30-2209; am. 1963, ch. 90, sec. 4, p. 286.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 28 - CORONER › Section 31-2801 - INQUESTS.

31-2801. INQUESTS. The coroner must hold inquests as prescribed in the Penal Code.
History:
[(31-2801) R.S., sec. 2080; reen. R.C. & C.L., sec. 2096; C.S., sec. 3675; I.C.A., sec. 30-2301.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 28 - CORONER › Section 31-2802 - BURIAL OR CREMATION OF UNCLAIMED BODIES.

31-2802. BURIAL OR CREMATION OF UNCLAIMED BODIES. When no person takes charge of the body of the deceased within fourteen (14) days of death, the coroner shall cause the body to be decently interred or cremated; and if there is not sufficient property belonging to the estate of the deceased to pay the necessary expenses of the burial or cremation, the expenses are a legal charge against the county pursuant to the provisions of section 31-3412, Idaho Code.
History:
[(31-2802) 1874, p. 566, sec. 22; am. R.S., sec. 2081; reen. R.C. & C.L., sec. 2097; C.S., sec. 3676; I.C.A., sec. 30-2302; am. 2002, ch. 57, sec. 1, p. 126; am. 2012, ch. 208, sec. 1, p. 562.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 28 - CORONER › Section 31-2803 - DISPOSAL OF PROPERTY FOUND ON CORPSE.

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.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 28 - CORONER › Section 31-2804 - VERIFIED STATEMENT REQUIRED OF CORONER.

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.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 28 - CORONER › Section 31-2805 - DISTRICT JUDGE OR WHOMEVER HE ASSIGNS TO ACT AS CORONER.

31-2805. DISTRICT JUDGE OR WHOMEVER HE ASSIGNS TO ACT AS CORONER. If the office of coroner is vacant, or he is absent or unable to attend, the duties of his office may be discharged by any district judge or whomever he assigns for the county, with the like authority, and subject to the same obligations and penalties, as the coroner.
History:
[(31-2805) 1874, p. 566, sec. 19; am. R.S., sec. 2084; reen. R.C. & C.L., sec. 2100; C.S., sec. 3679; I.C.A., sec. 30-2305; am. 1970, ch. 120, sec. 12, p. 284.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 28 - CORONER › Section 31-2806 - CORONER TO ACT AS SUBSTITUTE FOR SHERIFF.

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.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 28 - CORONER › Section 31-2807 - POWERS WHEN ACTING AS SHERIFF.

31-2807. POWERS WHEN ACTING AS SHERIFF. Whenever the coroner acts as sheriff, he possesses the powers, and may perform all the duties, of sheriff, and is liable on his official bond, in like manner as a sheriff would be; and is entitled to the same fees as are allowed by law to the sheriff for similar services.
History:
[(31-2807) 1874, p. 566, sec. 3; am. R.S., sec. 2086; reen. R.C. & C.L., sec. 2102; C.S., sec. 3681; I.C.A., sec. 30-2307.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 28 - CORONER › Section 31-2808 - MAKING FINAL DISPOSITION OF DEAD HUMAN BODIES PROHIBITED.

31-2808. MAKING FINAL DISPOSITION OF DEAD HUMAN BODIES PROHIBITED. No coroner or person acting as coroner who is a licensed funeral director or a licensed mortician, owner, proprietor, or employee of any establishment engaged in making final disposition of dead human bodies, and no establishment with which such coroner or person acting as coroner is associated, shall, except for ambulance services, perform any of the services of a funeral director or mortician or furnish any materials connected with or incidental to the final disposition of the body of any person whose death is required by law to be investigated by such coroner or other person acting in that capacity. Any person who violates this section shall be guilty of a misdemeanor. Provided, however, that the provisions of this section shall not be applicable in counties wherein there is only one (1) licensed funeral establishment or in counties with a population of fewer than twenty thousand (20,000) people according to the most recent federal census.
History:
[31-2808, as added by 1959, ch. 160, sec. 1, p. 381; am. 1994, ch. 105, sec. 4, p. 235; am. 2002, ch. 58, sec. 1, p. 126; am. 2022, ch. 109, sec. 1, p. 364.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 28 - CORONER › Section 31-2809 - CORONER MAY APPOINT DEPUTIES.

31-2809. CORONER MAY APPOINT DEPUTIES. A coroner may appoint a deputy or deputies as he deems necessary. Deputy coroners shall be paid at a rate fixed by the county commissioners.
History:
[I.C., sec. 31-2809, as added by 1970, ch. 82, sec. 1, p. 201.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 28 - CORONER › Section 31-2810 - CONTINUING EDUCATION REQUIREMENTS.

31-2810. CONTINUING EDUCATION REQUIREMENTS. After January 1, 2010, each county coroner shall complete twenty-four (24) hours of continuing education on a biennial calendar basis. The Idaho state association of county coroners shall either sponsor or provide courses pursuant to this section and monitor this requirement.
History:
[31-2810, added 2010, ch. 355, sec. 3, p. 933.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 29 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT › Section 31-2901 - SHORT TITLE.

31-2901. SHORT TITLE. This chapter shall be known and may be cited as the "Uniform Real Property Electronic Recording Act."
History:
[31-2901, added 2007, ch. 63, sec. 1, p. 155.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 29 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT › Section 31-2902 - DEFINITIONS.

31-2902. DEFINITIONS. In this chapter:
(1) "Document" means information that is:
(a) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(b) Eligible to be recorded in the land records maintained by the recorder.
(2) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
(3) "Electronic document" means a document that is received by the recorder in an electronic form.
(4) "Electronic signature" means an electronic sound, symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
(5) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
(6) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
History:
[31-2902, added 2007, ch. 63, sec. 1, p. 155.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 29 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT › Section 31-2903 - VALIDITY OF ELECTRONIC DOCUMENTS.

31-2903. VALIDITY OF ELECTRONIC DOCUMENTS. (1) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this chapter.
(2) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.
(3) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression or seal need not accompany an electronic signature.
History:
[31-2903, added 2007, ch. 63, sec. 1, p. 155.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 29 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT › Section 31-2904 - RECORDING OF DOCUMENTS.

31-2904. RECORDING OF DOCUMENTS. (1) In this section, "paper document" means a document that is received by the recorder in a form that is not electronic.
(2) A recorder:
(a) Who implements any of the functions listed in this section shall do so in compliance with standards established by the secretary of state;
(b) May receive, index, store, archive and transmit electronic documents;
(c) May provide for access to, and for search and retrieval of, documents and information by electronic means;
(d) Who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index;
(e) May convert paper documents accepted for recording into electronic form;
(f) May convert into electronic form information recorded before the recorder began to record electronic documents;
(g) May accept electronically any fee that the recorder is authorized to collect; and
(h) May agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees.
History:
[31-2904, added 2007, ch. 63, sec. 1, p. 155; am. 2020, ch. 43, sec. 1, p. 97.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 29 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT › Section 31-2906 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.

31-2906. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
[31-2906, added 2007, ch. 63, sec. 1, p. 157.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 29 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT › Section 31-2907 - RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.

31-2907. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. section 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act or authorize electronic delivery of any of the notices described in section 103(b) of that act.
History:
[31-2907, added 2007, ch. 63, sec. 1, p. 157.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 31 - SALARIES OF OFFICERS › Section 31-3101 - OFFICERS TO RECEIVE SALARIES AND ACCOUNT FOR FEES.

31-3101. OFFICERS TO RECEIVE SALARIES AND ACCOUNT FOR FEES. The salaries of county officers as full compensation for their services must be paid monthly from the county treasury, upon the warrants of the county auditor, and it shall not be necessary for the board of commissioners to allow or audit the claims for such salaries when the salaries of such officers are fixed by law or have been fixed or approved by action of the board of commissioners. All actual and necessary expenses incurred by any county officer or deputy in the performance of his official duty shall be a legal charge against the county, and shall be certified by receipts to the county auditor. The county auditor shall then issue a county warrant in the amount so certified, payable to the officer or deputy submitting the certification, and the warrant paid shall be charged against said officer’s budget. When any such officer or deputy shall use his private car as a means of travel in the performance of his official duty the actual and necessary expense of the use of such car shall be determined by the county commissioners of each county and allowance made therefor at a rate for each mile driven shall be applied uniformly to each officer or deputy in that county and such allowance shall be the full amount allowable for travel expense when such car is used. All fees which may come into his hands from whatever source shall be turned into the county treasury daily, weekly, monthly, or quarterly as determined by the county commissioners. He shall, at least quarterly, file with the clerk of the board of county commissioners, a sworn statement, accompanied by proper vouchers, showing all fees received, which must be audited by the board as other accounts.
History:
[(31-3101) 1899, p. 405, sec. 1; reen. R.C. & C.L., sec. 2115; C.S., sec. 3694; am. 1929, ch. 21, sec. 1, p. 22; I.C.A., sec. 30-2601; am. 1935, ch. 25, sec. 1, p. 41; am. 1961, ch. 15, sec. 1, p. 15; am. 1974, ch. 231, sec. 1, p. 1588; am. 1980, ch. 182, sec. 1, p. 403.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 31 - SALARIES OF OFFICERS › Section 31-3102 - REFUSAL TO ACCOUNT IS EMBEZZLEMENT.

31-3102. REFUSAL TO ACCOUNT IS EMBEZZLEMENT. Any county officer or deputy who shall neglect or refuse to account for and pay into the county treasury any money received as fees or compensation in excess of his actual and necessary expenses, incurred in the performance of his official duties, within ten (10) days after his quarterly settlement with the county, shall be guilty of embezzlement of public funds, and be punishable as provided for such offense.
History:
[(31-3102) 1899, p. 405, sec. 2; reen. R.C. & C.L., sec. 2116; C.S., sec. 3695; I.C.A., sec. 30-2602.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 31 - SALARIES OF OFFICERS › Section 31-3106 - SALARIES OF COUNTY OFFICERS.

31-3106. SALARIES OF COUNTY OFFICERS. It shall be the duty of the board of county commissioners of each county, through the county budget process, as detailed in chapter 16, title 31, Idaho Code, to fix the annual salaries of the several county officers as of and from October 1 for the next ensuing year.
History:
[(31-3106) 1899, p. 405, sec. 3; compiled and am. R.C., sec. 2118; am. 1909, p. 220, sec. 1; am. 1911, ch. 103, sec. 1, p. 345; compiled and reen. C.L., sec. 2118; C.S., sec. 3699; am. 1929, ch. 157, sec. 4, p. 285; I.C.A., sec. 30-2606; am. 1937, ch. 73, sec. 1, p. 98; am. 1941, ch. 142, sec. 2, p. 277; am. 1943, ch. 155, sec. 1, p. 312; am. 1945, ch. 9, sec. 1, p. 12; am. 1947, ch. 78, sec. 1, p. 127; am. 1949, ch. 211, sec. 1, p. 445; am. 1951, ch. 74, sec. 1, p. 115; am. 1951, ch. 293, sec. 1, p. 649; am. 1953, ch. 117, sec. 1, p. 170; am. 1955, ch. 174, sec. 1, p. 353; am. 1957, ch. 313, sec. 1, p. 671; am. 1959, ch. 21, sec. 1, p. 50; am. 1961, ch. 4, sec. 1, p. 6; am. 1963, ch. 304, sec. 1, p. 794; am. 1967, ch. 295, sec. 1, p. 842; am. 1969, ch. 257, sec. 1, p. 793; am. 1971, ch. 110, sec. 1, p. 233; am. 1977, ch. 140, sec. 1, p. 301; am. 1979, ch. 64, sec. 1, p. 168; am. 1980, ch. 228, sec. 1, p. 510; am. 1982, ch. 191, sec. 3, p. 517.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 31 - SALARIES OF OFFICERS › Section 31-3107 - DEPUTIES AND ASSISTANTS — APPOINTMENT AND COMPENSATION.

31-3107. DEPUTIES AND ASSISTANTS — APPOINTMENT AND COMPENSATION. The sheriff, the assessor, the treasurer and ex officio tax collector and the clerk of the district court and ex officio auditor and recorder shall be empowered by the board of county commissioners to appoint such deputies and clerical assistants as the business of their offices may require, and deputies to receive such remuneration as may be fixed by said board of county commissioners, which remuneration shall be paid monthly in the same manner as the salaries of the county officers are paid.
History:
[(31-3107) 1899, p. 405, sec. 4; reen. R.C., sec. 2119; am. 1909, p. 330, sec. 1; am. 1913, ch. 127, sec. 1, p. 474; compiled and reen. C.L., sec. 2119; C.S., sec. 3700; am. 1929, ch. 83, sec. 1, p. 134; I.C.A., sec. 30-2607; am. 1959, ch. 111, sec. 1, p. 237.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 31 - SALARIES OF OFFICERS › Section 31-3108 - COUNTIES ORGANIZED IN THE FUTURE.

31-3108. COUNTIES ORGANIZED IN THE FUTURE. Counties created or organized hereafter shall be governed by the provisions hereof, and the boards of county commissioners of such newly-created organized counties shall respectively fix and determine at their first meeting the salaries to be paid the several county officers as herein provided for.
History:
[(31-3108) 1899, p. 405, sec. 5; am. and reen. R.C. & C.L., sec. 2120; C.S., sec. 3701; I.C.A., sec. 30-2608.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 31 - SALARIES OF OFFICERS › Section 31-3113 - CONTRACTED DUTIES OF PROSECUTING ATTORNEYS WITH CITIES.

31-3113. CONTRACTED DUTIES OF PROSECUTING ATTORNEYS WITH CITIES. Prosecuting attorneys, with the unanimous approval of the board of county commissioners, and with the consent of the prosecuting attorney, may contract with any city within the county to prosecute nonconflicting misdemeanors and infractions.
History:
[I.C., sec. 31-3113, as added by 1974, ch. 305, sec. 3, p. 1788; am. 1975, ch. 140, sec. 1, p. 319; am. 1975, ch. 259, sec. 1, p. 706; am. 1976, ch. 303, sec. 1, p. 1041; am. 1976, ch. 321, sec. 1, p. 1093; am. 1976, ch. 334, sec. 1, p. 1121; am. 1977, ch. 157, sec. 1, p. 406; am. 1978, ch. 287, sec. 1, p. 698; am. 1979, ch. 275, sec. 1, p. 711; am. 1980, ch. 259, sec. 1, p. 673; am. 1981, ch. 336, sec. 1, p. 699; am. 1982, ch. 191, sec. 4, p. 517; am. 1982, ch. 333, sec. 1, p. 840; am. 1991, ch. 274, sec. 1, p. 711; am. 1995, ch. 191, sec. 1, p. 682; am. 1996, ch. 398, sec. 1, p. 1329; am. 2000, ch. 116, sec. 1, p. 255.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 32 - FEES › Section 31-3201B - PEACE OFFICERS STANDARDS AND TRAINING — FEE.

31-3201B. PEACE OFFICERS STANDARDS AND TRAINING — FEE. The court shall charge a fee of fifteen dollars ($15.00) for peace officers standards and training purposes to be paid by each person found guilty of any felony or misdemeanor, or found to have committed an infraction or any minor traffic, conservation or ordinance violation, except for cars unlawfully left or parked or when the court orders such fee waived because the person is indigent and unable to pay such fee; provided, however, that the judge or magistrate may in his discretion consolidate separate nonmoving traffic offenses into one (1) offense for purposes of assessing such fee. Such fees shall be in addition to all other fines and fees levied. Such fees shall be paid to the county treasurer who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the peace officers standards and training fund.
History:
[31-3201B, added 1983, ch. 117, sec. 3, p. 261; am. 1989, ch. 84, sec. 1, p. 145; am. 1994, ch. 193, sec. 1, p. 623; am. 2005, ch. 114, sec. 3, p. 371; am. 2012, ch. 159, sec. 1, p. 435; am. 2023, ch. 78, sec. 5, p. 266.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 32 - FEES › Section 31-3201C - COMMUNITY SERVICE FEE.

31-3201C. COMMUNITY SERVICE FEE. The court shall charge a fee of sixty cents (60¢) per hour of community service to be remitted to the state insurance fund for purposes of providing worker’s compensation insurance for persons performing community service; however, if a county is self-insured and provides worker’s compensation insurance for persons performing community service, then remittance to the state insurance fund is not required. This per hour fee shall be paid by each person found guilty of any felony or misdemeanor and community service is provided as part of the sanction or as a condition of a withheld judgment or probation. The court may waive such fee if it determines the person is indigent and unable to pay such fee. Such fees shall be in addition to all other fines and fees levied. Such fees shall be paid to the district court and deposited in the county treasury for payment to the state insurance fund.
History:
[31-3201C, added 1994, ch. 233, sec. 1, p. 725; am. 2000, ch. 33, sec. 1, p. 61; am. 2009, ch. 154, sec. 3, p. 452.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 32 - FEES › Section 31-3201D - COUNTY MISDEMEANOR PROBATION SUPERVISION FEE.

31-3201D. COUNTY MISDEMEANOR PROBATION SUPERVISION FEE. (1) Any person under a supervised probation program for a misdemeanor offense shall be required to pay an amount not more than the maximum monthly felony probation or parole supervision fee set forth in section 20-225, Idaho Code, per month, or such lesser sum as determined by the administrative judge of the judicial district, as a misdemeanor probation supervision fee. Any failure to pay such fee shall constitute grounds for the revocation of probation by the court, but this shall not be the exclusive remedy for its collection. The court for good cause may exempt a person from the payment of all or any part of the foregoing fee.
(2) Any fee paid under this section on or after July 1, 2008, and regardless of whether the underlying judgment of conviction, withheld judgment or order imposing probation was entered before or after that date, shall be paid to the clerk of the district court, who shall pay the first one dollar ($1.00) of each monthly payment to the state treasurer for deposit in the peace officers standards and training fund authorized in section 19-5116, Idaho Code, to help offset the costs to counties for the basic training, continuing education and certification of misdemeanor probation officers, whether those officers are employees of or by private sector contract with a county; the clerk of the district court shall deposit the remainder of each monthly payment into the county misdemeanor probation fund which is hereby created in each county, or, at the option of the board of county commissioners, deposited in the county justice fund to be used for the purposes described in this section. Moneys from this fee may be accumulated from year to year and shall be expended exclusively for county misdemeanor probation services and related purposes.
(3) This section shall not restrict the court from ordering the payment of other costs and fees, including but not limited to electronic monitoring fees and other fees pursuant to section 19-2608, Idaho Code, that, by law, may be imposed on persons who have been found guilty of or have pled guilty to a criminal offense, including those who have been placed on probation or parole. Such additional costs and fees shall be paid to the clerk of the court if services are provided by the county or directly to the agency providing the service. If fees are paid to the clerk of the court, the clerk of the court shall pay such fees to the county treasurer and such fees shall be used exclusively to cover the costs for which the additional fees have been ordered.
History:
[31-3201D, added 1998, ch. 144, sec. 1, p. 515; am. 2008, ch. 88, sec. 6, p. 247; am. 2011, ch. 128, sec. 2, p. 354; am. 2012, ch. 109, sec. 4, p. 300; am. 2020, ch. 281, sec. 3, p. 819.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 32 - FEES › Section 31-3201E - DRUG COURT AND MENTAL HEALTH COURT FEE — DRUG COURT AND MENTAL HEALTH COURT FUND.

31-3201E. DRUG COURT AND MENTAL HEALTH COURT FEE — DRUG COURT AND MENTAL HEALTH COURT FUND. Each person admitted into a drug court or mental health court shall pay a drug court and mental health court fee in an amount not to exceed three hundred dollars ($300) per month or a lesser amount as set by the administrative district judge for participants in the drug court and mental health court. For good cause, the judge presiding over a drug court or mental health court may exempt a participant from paying all or a portion of the drug court and mental health court fee. The fee imposed under this section shall be paid to the clerk of the district court for deposit into the county drug court and mental health court fund which is hereby created in each county that has a drug court or mental health court. Moneys in this fund may be accumulated from year to year and shall be expended exclusively for expenses incurred in connection with the drug court or mental health court including, but not limited to, substance abuse treatment, mental health treatment, drug testing, supervision and private counseling services utilized by the drug court or mental health court. Any failure to pay the drug court and mental health court fee may constitute grounds for termination from drug court or mental health court by the court, provided this shall not be the exclusive remedy for collection of the fee. If a participant is terminated from the drug court or mental health court prior to successful completion of the program and a judgment of conviction is entered against the defendant, any unpaid drug court and mental health court fee shall be ordered by the court in the judgment of conviction, provided the court may order such fee to be waived if the court determines that the person is indigent and unable to pay the fee. Such fee shall be in addition to all other fines and fees levied, and the payment of such fee may also be ordered as a term and condition of probation.
History:
[31-3201E, added 2001, ch. 337, sec. 2, p. 1198; am. 2004, ch. 249, sec. 1, p. 715; am. 2005, ch. 358, sec. 9, p. 1132.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 32 - FEES › Section 31-3201F - ABANDONED VEHICLE FEE.

31-3201F. ABANDONED VEHICLE FEE. The court shall charge a fee of one hundred fifty dollars ($150) for reimbursement of expenses incurred in the disposition of an abandoned vehicle to be paid by each person found to have committed a traffic infraction according to the provisions of section 49-1802, Idaho Code. Such fees shall be in addition to all other fines and fees levied. Such fees shall be paid to the county treasurer who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit to the abandoned vehicle trust account. Each fee shall be accompanied by a record of the conviction.
History:
[31-3201F, added 2002, ch. 366, sec. 1, p. 1033.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 32 - FEES › Section 31-3201G - GUARDIANSHIP AND CONSERVATORSHIP PROJECT FUND.

31-3201G. GUARDIANSHIP AND CONSERVATORSHIP PROJECT FUND. (1) In addition to any other filing and reporting fees applicable to guardianships and conservatorships, the court shall charge the following fees:
(a) Fifty dollars ($50.00) for filing cases involving guardianships or conservatorships;
(b) Forty-one dollars ($41.00) for reports required to be filed with the court by conservators; and
(c) Twenty-five dollars ($25.00) for reports required to be filed with the court by guardians.
(2) The additional fees set forth in paragraphs (a), (b) and (c) of subsection (1) of this section shall be paid to the county treasurer, who shall pay such fees to the state treasurer for deposit in the guardianship and conservatorship project fund, which is hereby created in the state treasury. The fund shall be administered by the Idaho supreme court and shall consist of fees as provided in this section, any moneys recovered pursuant to section 15-5-314(2), Idaho Code, and any funds as may be appropriated by the legislature, grants, donations and moneys from other sources.
(3) Moneys in the fund shall be expended exclusively for the development of a project which shall be designed to improve reporting and monitoring systems and processes for the protection of persons and their assets where a guardian or conservator has been appointed. Elements of the project may include, but are not limited to, the following:
(a) The adoption of standards of practice for guardians;
(b) A requirement that guardians be registered;
(c) Consideration of an office of the public guardian in counties in which the project operates;
(d) A review of the strengths of Idaho law regarding the treatment and care of developmentally disabled persons; and
(e) If federal or grant funding is available, funding for adult protection services to seek guardians in cases for which volunteers cannot be enlisted.
(4) The supreme court shall report annually to the senate judiciary and rules committee and the house judiciary, rules and administration committee regarding the progress of the project.
History:
[31-3201G, added 2005, ch. 55, sec. 1, p. 209; am. 2014, ch. 164, sec. 6, p. 464.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 32 - FEES › Section 31-3201H - SURCHARGE FEE.

31-3201H. SURCHARGE FEE. (1) The court shall charge a surcharge fee to be paid by each defendant for each criminal offense or infraction committed on or after April 15, 2010, for which the defendant is found or pleads guilty. Such fee shall be in addition to all other fines and fees levied.
(2) The amount of the surcharge fee shall be as follows:
(a) For each felony, the fee shall be one hundred dollars ($100);
(b) For each misdemeanor and for each infraction under section 18-8001 or 49-301, Idaho Code, or each first-time infraction under section 23-604 or 23-949, Idaho Code, the fee shall be fifty dollars ($50.00); and
(c) For each infraction, except each infraction under section 18-8001 or 49-301, Idaho Code, or each first-time infraction under section 23-604 or 23-949, Idaho Code, the fee shall be ten dollars ($10.00).
(3) The fee shall be collected by the clerk of the district court and shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer, who shall deposit eighty percent (80%) of such fees in the state general fund and twenty percent (20%) of such fees in the court technology fund created by section 1-1623, Idaho Code.
History:
[31-3201H, added 2010, ch. 205, sec. 3, p. 446; am. 2013, ch. 80, sec. 1, p. 199; am. 2014, ch. 190, sec. 7, p. 513; am. 2016, ch. 34, sec. 1, p. 84; am. 2016, ch. 344, sec. 8, p. 995; am. 2018, ch. 298, sec. 7, p. 713; am. 2023, ch. 78, sec. 6, p. 267.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 32 - FEES › Section 31-3201J - PRETRIAL SUPERVISION FEE.

31-3201J. PRETRIAL SUPERVISION FEE. (1) Any person under a supervised pretrial release program may be required to pay an amount not more than the maximum monthly misdemeanor probation supervision fee set forth in section 31-3201D, Idaho Code, per month, or such lesser sum as determined by the administrative judge of the judicial district, as a pretrial release supervision fee to cover the actual costs of supervising the defendant while in the supervised pretrial release program.
(2) A defendant shall not be required to pay the pretrial supervision fee authorized in subsection (1) of this section until after a judgment of conviction or withheld judgment.
(3) The pretrial supervision fee shall be paid to the clerk of the court, who shall pay such fees to the county treasurer. Such fees shall be used exclusively to cover the costs of the pretrial services provided by the pretrial services agency that has been designated to provide such services.
(4) The court may also order the defendant to pay additional fees to cover the actual costs of electronic monitoring, alcohol testing, or drug testing if such monitoring or testing is a condition of the defendant’s release. Such additional fees may be paid to the clerk of the court or directly to the provider of the service. If fees are paid to the clerk of the court, the clerk of the court shall pay such fees to the county treasurer and such fees shall be used exclusively to cover the costs for which the additional fees have been ordered.
(5) Based on a finding of indigence or other good cause, the court may exempt the defendant from the payment of all or any part of the fees authorized by this section, and no defendant shall be denied release or denied participation in a supervised pretrial release program because of an inability to pay the fees authorized by this section. Any unpaid pretrial services fee shall be considered a debt owed to the court and may be collected in the manner provided by law for the collection of such debts.
History:
[31-3201J, added 2019, ch. 217, sec. 3, p. 658; am. 2020, ch. 281, sec. 5, p. 821.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 32 - FEES › Section 31-3202 - CLERK OF DISTRICT COURT — EXCEPTIONS TO FEE SCHEDULE.

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.]