reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 8 - POWERS AND DUTIES OF BOARD OF COMMISSIONERS › Section 31-870 - FEES FOR COUNTY SERVICES.

31-870. FEES FOR COUNTY SERVICES. (1) Notwithstanding any other provision of law, a board of county commissioners may impose and collect fees for those services provided by the county that would otherwise be funded by ad valorem tax revenues. The fees collected pursuant to this section shall be reasonably related to, but shall not exceed, the actual cost of the service being rendered. Taxing districts other than counties may impose fees for services as provided in section 63-1311, Idaho Code.
(2) The board of county commissioners may establish and provide for the collection of a solid waste fee in accordance with a request made pursuant to this section, and such fee shall be certified and collected in the same manner provided by law for the collection of real or personal property taxes.
(3) The administrative fee authorized under the provisions of this section and collected for issuance of motor vehicle registrations pursuant to chapter 4, title 49, Idaho Code, shall be the same for any registration issued pursuant to section 49-402B, Idaho Code, and may not be doubled or in any way increased solely because of registration under that section.
(4) The administrative fee authorized under the provisions of this section and collected for issuance of a motor vehicle title pursuant to chapter 5, title 49, Idaho Code, shall be the same for all title transactions.
(5) This section shall not apply to the issuance or renewal of licenses to carry concealed weapons under sections 18-3302, 18-3302H or 18-3302K, Idaho Code.
History:
[31-870, added 1980, ch. 290, sec. 1, p. 759; am. 1988, ch. 201, sec. 2, p. 379; am. 1993, ch. 41, sec. 1, p. 114; am. 1996, ch. 322, sec. 7, p. 1036; am. 1999, ch. 90, sec. 1, p. 292; am. 2015, ch. 303, sec. 7, p. 1198; am. 2023, ch. 23, sec. 1, p. 133.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 8 - POWERS AND DUTIES OF BOARD OF COMMISSIONERS › Section 31-871A - RETENTION OF COUNTY RECORDS USING PHOTOGRAPHIC AND DIGITAL MEDIA.

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.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 8 - POWERS AND DUTIES OF BOARD OF COMMISSIONERS › Section 31-873 - REIMBURSEMENT FOR CERTAIN MEDICAL ASSISTANCE PAYMENTS.

31-873. REIMBURSEMENT FOR CERTAIN MEDICAL ASSISTANCE PAYMENTS. (1) For the purpose of assisting counties with their medical indigency claims, state participation in the federal medical assistance (medicaid) program under title XIX of the social security act, as amended, shall be expanded to match federal funds for coverage of services as defined by section 56-209d, Idaho Code.
(2) Boards of county commissioners shall safeguard all provided information as provided for in section 1902(a)(7) of the social security act, 42 CFR 431.300 through 431.307 and sections 56-221 and 56-222, Idaho Code.
History:
[I.C., sec. 31-873, as added by 1987, ch. 170, sec. 1, p. 334; repealed 1990, ch. 87, sec. 1, p. 553; reinstated and am. 1991, ch. 233, sec. 2, p. 554.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 8 - POWERS AND DUTIES OF BOARD OF COMMISSIONERS › Section 31-874 - PROCEEDINGS AND RECORDS OF MEDICAL INDIGENTS.

31-874. PROCEEDINGS AND RECORDS OF MEDICAL INDIGENTS. All proceedings and records related to medical indigency pursuant to the provisions of section 31-873, Idaho Code, and chapters 34 and 35, title 31, Idaho Code, shall be subject to disclosure according to chapter 1, title 74, Idaho Code, and shall not be subject to the provisions of chapter 2, title 74, Idaho Code.
History:
[31-874, added 1988, ch. 332, sec. 1, p. 994; am. 1990, ch. 213, sec. 27, p. 505; repealed 1990, ch. 87, sec. 1, p. 178; reinstated 1991, ch. 233, sec. 1, p. 553; am. 2015, ch. 141, sec. 53, p. 419.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 8 - POWERS AND DUTIES OF BOARD OF COMMISSIONERS › Section 31-875 - COMPUTERIZED MAPPING SYSTEM FEES.

31-875. COMPUTERIZED MAPPING SYSTEM FEES. (1) As used in this section, "computerized mapping system" or "system" means the digital storage, processing and retrieval of cadastral information derived from local government records and related information such as land use, topography, water, streets and geographic features.
(2) In a county which develops a computerized mapping system, the board of county commissioners may impose and collect fees from the users of this system for the development, maintenance and dissemination of digital forms of the system. These fees shall not exceed the actual costs of development, annual maintenance and dissemination of the computerized mapping system. These fees shall not apply to paper maps produced from the computerized mapping system.
History:
[31-875, added 1993, ch. 201, sec. 1, p. 555.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 8 - POWERS AND DUTIES OF BOARD OF COMMISSIONERS › Section 31-876 - PUBLIC TRANSPORTATION SERVICES.

31-876. PUBLIC TRANSPORTATION SERVICES. (1) The boards of county commissioners in their respective counties shall have the authority to establish, fund and operate public transportation services that the board of county commissioners considers to be of public benefit.
(2) Public transportation services include, without limitation, fixed transit routes; scheduled or unscheduled transit service; paratransit services for the elderly, disabled or other persons dependent on public transportation; shuttle and commuter services between cities, counties, health care facilities, employment centers, educational institutions and park-and-ride locations; subscription van and car-pooling services; and transportation services unique to social service programs.
(3) The board of county commissioners may become the designated grantee and receive funding from other federal, state, local and private sources and use said funds for the sponsorship, promotion and administration of such public transportation services as they may deem beneficial.
History:
[31-876, added 1994, ch. 121, sec. 1, p. 271.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 8 - POWERS AND DUTIES OF BOARD OF COMMISSIONERS › Section 31-877 - WATER AND SEWER SERVICES.

31-877. WATER AND SEWER SERVICES. The boards of county commissioners in their respective counties shall have the authority to provide necessary water and sewer services to any part of the county which does not receive water and sewer services, or any part of the county where a water and sewer or a water or sewer district has been dissolved pursuant to chapter 41, title 63, Idaho Code. For purposes of this section, a board of county commissioners shall have the authority granted to water and sewer districts pursuant to chapter 32, title 42, Idaho Code, and the authority granted to municipalities pursuant to the provisions of title 50, Idaho Code.
History:
[31-877, added 2001, ch. 184, sec. 1, p. 642.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 8 - POWERS AND DUTIES OF BOARD OF COMMISSIONERS › Section 31-878 - MISDEMEANOR PROBATION SERVICES.

31-878. MISDEMEANOR PROBATION SERVICES. The board of county commissioners shall provide for misdemeanor probation services to supervise misdemeanor offenders, in those cases where such probation supervision has been ordered by the sentencing court, and perform such functions as prescribed by the administrative district judge in each judicial district. The board of county commissioners shall provide for misdemeanor probation services through employment of staff, contract or any other process that will accomplish the purposes of this section. Counties shall not be obligated to provide misdemeanor probation services beyond the funds generated by the fees collected pursuant to the provisions of section 31-3201D, Idaho Code, and any additional funds that may be annually appropriated by the board of county commissioners.
History:
[31-878, added 2008, ch. 88, sec. 5, p. 246; am. 2011, ch. 128, sec. 1, p. 354.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 8 - POWERS AND DUTIES OF BOARD OF COMMISSIONERS › Section 31-879 - WAIVER OF RIGHT TO MAGISTRATE JUDGE.

31-879. WAIVER OF RIGHT TO MAGISTRATE JUDGE. The board of county commissioners shall have the authority to adopt by majority vote a resolution waiving the right to a resident magistrate judge to which the county would otherwise be entitled pursuant to section 1-2205, Idaho Code. When a board of county commissioners has adopted such a resolution, and has not subsequently rescinded such resolution, the district magistrates commission for the judicial district in which the county is located is not required to appoint a resident magistrate judge for that county.
History:
[31-879, added 2008, ch. 38, sec. 4, p. 92.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 8 - POWERS AND DUTIES OF BOARD OF COMMISSIONERS › Section 31-880 - PRETRIAL RELEASE SUPERVISION SERVICES.

31-880. PRETRIAL RELEASE SUPERVISION SERVICES. The board of county commissioners may establish a supervised pretrial release program to perform those functions as prescribed by the administrative district judge in each judicial district. The board of county commissioners may provide for supervised pretrial release services through employment of staff, contract, or any other process that will accomplish the purposes of this section. A board of county commissioners shall not be obligated to establish a supervised pretrial release program. Counties having established a supervised pretrial release program shall not be obligated to provide supervised pretrial release services beyond the funds generated by the fees collected pursuant to the provisions of section 31-3201J, Idaho Code, and any additional funds that may be annually appropriated by the board of county commissioners.
History:
[31-880, added 2019, ch. 217, sec. 1, p. 657.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 8 - POWERS AND DUTIES OF BOARD OF COMMISSIONERS › Section 31-881 - COUNTY PROHIBITIONS ON UTILITY CONNECTIONS.

31-881. COUNTY PROHIBITIONS ON UTILITY CONNECTIONS. No county, incorporated or unincorporated area, special use district, or any other local government entity of any kind may enact or implement any resolution, policy, or ordinance that:
(1) Prohibits, or has the effect of prohibiting, the authorized connection or reconnection of an electric, natural gas, propane, or other energy utility service provided by a public utility, municipality, or cooperative utility;
(2) Restricts, or has the effect of restricting, the source of the electricity, natural gas, propane, or other energy utility service provided by a public utility, municipality, or cooperative utility; or
(3) Requires residents or businesses within the county to use a particular type or generation source of electricity, natural gas, propane, or other fuel.
History:
[31-881, added 2023, ch. 55, sec. 1, p. 207.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 9 - RECLAMATION, DRAINAGE AND DROUGHT RELIEF — COOPERATION WITH FEDERAL AGENCIES › Section 31-902 - PETITION FOR CANCELATION OR ADJUSTMENT.

31-902. PETITION FOR CANCELATION OR ADJUSTMENT. Any one or more owners of land seeking such cancelation or adjustment of taxes, or any irrigation or drainage district or incorporated water company having such lands within its project, may file with the clerk of the board of county commissioners a petition setting forth the facts upon which it is claimed a cancelation or adjustment of the taxes should be made. If the petition sets forth the facts required to be contained therein under section 31-901, the board shall hear the proof submitted in support of said petition and anyone present shall have a right to be heard in opposition thereto. If the board, after considering the evidence offered at such hearing, and at any adjournment thereof, and after making such other investigation as it may deem necessary, finds that the public interest and common welfare require that such taxes be canceled or otherwise adjusted and that such action will not be detrimental to the interests of the county and other tax-levying bodies affected thereby, and that the conditions set forth in subdivisions (a), (b) or (c) of section 31-901 exist, the board shall make and enter an order which shall be recorded in full in the official minutes of the board, setting forth its findings and decision, and its reasons therefor.
History:
[31-902, added 1935, (1st E.S.), ch. 52, sec. 2, p. 137.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 9 - RECLAMATION, DRAINAGE AND DROUGHT RELIEF — COOPERATION WITH FEDERAL AGENCIES › Section 31-903 - PETITION FOR CONFIRMATION OF CANCELATION OR ADJUSTMENT.

31-903. PETITION FOR CONFIRMATION OF CANCELATION OR ADJUSTMENT. If the board finds, decides and orders that the taxes be canceled or otherwise adjusted, the petitioner, or petitioners, shall, within twenty (20) days thereafter, file with the clerk of the district court of said county a petition praying in effect that the proceedings of the board may be examined, approved and confirmed by the court. The court, or the judge thereof at chambers shall thereupon make an order designating a time for hearing said petition and direct the clerk of the court to publish a notice, at the expense of the petitioner or petitioners, of the filing of said petition. The notice shall state the time and place fixed by the court for hearing the petition and the prayer thereof, and a brief statement of the action taken by the board of county commissioners thereon, and that any person interested in the subject-matter of said petition may, on or before the day fixed for the hearing thereof, demur to or answer said petition. The notice shall be published in a newspaper of general circulation in the county at least once a week for at least two (2) consecutive weeks, and the time fixed for the hearing shall be not less than twenty (20) days from the first publication of such notice. The rules of pleading and practice in civil actions in the district court shall apply to proceedings hereunder insofar as the same are not inconsistent with the provisions of this act.
History:
[31-903, added 1935 (1st E.S.), ch. 52, sec. 3, p. 137.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 9 - RECLAMATION, DRAINAGE AND DROUGHT RELIEF — COOPERATION WITH FEDERAL AGENCIES › Section 31-904 - HEARING AND DECREE ON PETITION FOR CONFIRMATION — APPEAL TO SUPREME COURT.

31-904. HEARING AND DECREE ON PETITION FOR CONFIRMATION — APPEAL TO SUPREME COURT. Upon the hearing of said petition, the court shall examine the petition filed with the clerk of the board of county commissioners and the proceedings had thereunder, and if any contest be made upon the facts as found by the board, the court may hear evidence thereon for the purpose of determining whether there is an [any] substantial evidence to support the findings and decision of the board. If the court finds that the proceedings of the board were taken and had substantially in accordance with the provisions of this act, and that the board had jurisdiction and authority to make the order, it shall, by its decree, approve and confirm the proceedings of the board; otherwise, it shall vacate and set aside the findings and order as made by the board, or modify or amend the same to conform to the facts as found and determined by the court. Any party aggrieved by the decree or order of the court may appeal therefrom, within thirty (30) days after the entry of such decree or order, to the Supreme Court of the state of Idaho. The provisions of the statutes governing appeals in civil actions shall apply to appeals under this act.
History:
[31-904, added 1935 (1st E.S.), ch. 52, sec. 4, p. 137.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 9 - RECLAMATION, DRAINAGE AND DROUGHT RELIEF — COOPERATION WITH FEDERAL AGENCIES › Section 31-905 - RECORDING AND FILING OF DECREE.

31-905. RECORDING AND FILING OF DECREE. When an order is made and entered by the court approving, modifying, or disapproving the order of the board of county commissioners canceling or adjusting any taxes heretofore or hereafter levied, a copy of the order or decree of the court certified by the clerk shall be recorded in the minutes of the board, and if the court approves or modifies the order of the board, certified copies of such decree and order of the court shall also be delivered to the county tax collector and the auditor for their information and guidance, and proper entries shall be made on the tax rolls and other records to show the cancelation or adjustment as finally approved by the court.
History:
[31-905, added 1935 (1st E.S.), ch. 52, sec. 5, p. 137.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 9 - RECLAMATION, DRAINAGE AND DROUGHT RELIEF — COOPERATION WITH FEDERAL AGENCIES › Section 31-906 - LIENS FOR STATE TAXES NOT RELEASED.

31-906. LIENS FOR STATE TAXES NOT RELEASED. This act shall not be construed as authorizing the board of county commissioners or the district court to release or discharge any lands from the lien of taxes levied thereon for state purposes unless the amount due the state has been paid by the county.
History:
[31-906, added 1935 (1st E.S.), ch. 52, sec. 6, p. 137.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 10 - ERECTION OF PUBLIC BUILDINGS › Section 31-1001 - ERECTION OF BUILDINGS — FURNISHING OF OFFICES — CONTRACTS — LEASE OF PREMISES FOR COURTHOUSE OR JAIL — BOOKS AND STATIONERY.

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.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 10 - ERECTION OF PUBLIC BUILDINGS › Section 31-1002 - BOND ELECTION.

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.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 10 - ERECTION OF PUBLIC BUILDINGS › Section 31-1003 - PURCHASE OF SITE — LETTING OF CONTRACT.

31-1003. PURCHASE OF SITE — LETTING OF CONTRACT. If two-thirds (2/3) of the qualified electors of the county voting at such election vote in favor of the issuance of the bonds, the board of commissioners shall select and purchase, or, if necessary, cause to be condemned, for the use of the county, a suitable site for said buildings, and cause to be prepared plans and specifications for such courthouse and jail, or either thereof as the case may be, and advertise in a weekly newspaper of the county for thirty (30) days calling for sealed proposals or bids for the construction of said buildings. The published notice shall contain a general statement of the character and limited cost of the building or buildings, and state that the plans and specifications thereof may be found and examined in the office of the clerk of the board, and state the day when the sealed proposals will be opened and considered. The sealed proposals must be opened and considered publicly, and the contract let to the lowest responsible bidder, unless all bids are rejected; and if all bids are rejected, the board may advertise for new bids, or let the contract, provided it be for a less sum than that offered by the lowest bidder. The board must require a good and sufficient bond of the contractor conditioned for the faithful performance of the contract according to the plans and specifications. The board shall have full power and authority to do and perform any act in relation to purchasing such site and erecting said buildings, at any special or called meeting when all members of the board are present, or at any regular meeting of the board.
History:
[(31-1003) 1905, p. 73, sec. 3; reen. R.C. & C.L., sec. 1933; C.S., sec. 3465; I.C.A., sec. 30-803.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 10 - ERECTION OF PUBLIC BUILDINGS › Section 31-1004 - STATUTES GOVERNING ELECTION AND BOND ISSUE.

31-1004. STATUTES GOVERNING ELECTION AND BOND ISSUE. The board shall be governed in calling and holding said election, and in the issuance and sale of said bonds, and in providing for the payment of the interest thereon, and for their redemption, by the provisions of sections 31-1901 through 31-1909, Idaho Code.
History:
[(31-1004) 1905, p. 73, sec. 2; am. R.C., sec. 1934; compiled and reen. C.L., sec. 1934; C.S., sec. 3466; I.C.A., sec. 30-804; am. 2022, ch. 111, sec. 15, p. 378.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 10 - ERECTION OF PUBLIC BUILDINGS › Section 31-1005 - JOINT CITY AND COUNTY SITES AND BUILDINGS.

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.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 10 - ERECTION OF PUBLIC BUILDINGS › Section 31-1006 - JOINT SITES AND BUILDINGS — CONTRACTS.

31-1006. JOINT SITES AND BUILDINGS — CONTRACTS. The boards of county commissioners of such counties and the city council or other governing body of such city, are hereby authorized and empowered to enter into all necessary contracts or agreements with respect thereto and also all necessary contracts and agreements as between such counties and city for apportioning the expenses of acquiring such site and constructing such buildings for the maintenance, operation and use thereof, and may from time to time, modify or change such agreements as they may deem best.
History:
[(31-1006) 1919, ch. 126, sec. 2, p. 412; C.S., sec. 3468; I.C.A., sec. 30-806; am. 1990, ch. 123, sec. 3, p. 294.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 10 - ERECTION OF PUBLIC BUILDINGS › Section 31-1007 - JOINT SITES AND BUILDINGS — INDEBTEDNESS.

31-1007. JOINT SITES AND BUILDINGS — INDEBTEDNESS. Counties and cities operating under sections 31-1005 and 31-1006, Idaho Code, are hereby authorized and empowered to incur indebtedness and issue bonds for any of the purposes authorized hereby in the same manner in which they are now or hereafter may be authorized by law to incur indebtedness and issue bonds for similar purposes.
History:
[(31-1007) 1919, ch. 126, sec. 3, p. 412; C.S., sec. 3469; I.C.A., sec. 30-807; am. 2022, ch. 111, sec. 16, p. 378.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 10 - ERECTION OF PUBLIC BUILDINGS › Section 31-1009 - INVESTMENT OF FUND — ACCRUAL OF INTEREST.

31-1009. INVESTMENT OF FUND — ACCRUAL OF INTEREST. Any funds accumulated as provided in section 31-1007, Idaho Code, may, so far as practicable without jeopardy thereto, be invested by the county treasurer, under the direction of the board of county commissioners; and provided, further, that any portion of such fund not so invested, shall be deposited in accordance with the requirements of the public depository law. All interest earned by such fund shall accrue and be added to the principal thereof and become subject to investment as such.
History:
[(31-1009) C.S., sec. 3469B, as added by 1931, ch. 109, sec. 2, p. 188; I.C.A., sec. 30-809; am. 1989, ch. 91, sec. 3, p. 217.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 10 - ERECTION OF PUBLIC BUILDINGS › Section 31-1010 - EXTENSION OF APPLICATION.

31-1010. EXTENSION OF APPLICATION. The powers granted in sections 31-1008, 31-1009 and this section shall be deemed to be, and hereby are, extended and shall apply to sections 31-1005 to 31-1007, and 31-1101, whenever any county and such cities shall, jointly, at such election, have determined to acquire a site or sites and construct, equip and furnish such public buildings without the issuance of bonds therefor.
History:
[(31-1010) C.S., sec. 3469C, as added by 1931, ch. 109, sec. 3, p. 188; I.C.A., sec. 30-810.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 14 - FIRE PROTECTION DISTRICT › Section 31-1401 - PURPOSE AND POLICY OF LAW — SHORT TITLE.

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.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 14 - FIRE PROTECTION DISTRICT › Section 31-1402 - CREATION AND ORGANIZATION OF DISTRICT.

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.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 14 - FIRE PROTECTION DISTRICT › Section 31-1403 - PETITION.

31-1403. PETITION. (1) A petition shall first be presented to the board of county commissioners and filed with the clerk of the board of commissioners of each county in which the proposed fire protection district is to be situated, signed by the number of holders of title, or evidence of title specified in section 31-1402, Idaho Code, which petition shall plainly and clearly designate the boundaries of the proposed fire protection district, and shall state the name of the proposed district, and shall be accompanied by a map thereof. The petition, together with all maps and other papers filed therewith shall, at all proper hours, be open to public inspection in the office of said clerk of the board of commissioners between the date of their said filing and the date of the election. The petition may be in one (1) paper or in several papers.
(2) Whenever a petition shall be filed, prior to the publication of notice of hearing pursuant to section 31-1404, Idaho Code, the petitioners shall deposit with the board of county commissioners a sum sufficient to defray the costs of publishing and election as provided by this chapter. In the event a fire protection district is organized, the petitioners shall be reimbursed the amount of their deposit from the first tax moneys collected by the district as provided by this chapter. The amount required to be paid under this subsection shall be determined by the board of county commissioners.
History:
[31-1403, added 1943, ch. 161, sec. 3, p. 324; am. 1986, ch. 137, sec. 1, p. 367; am. 2006, ch. 318, sec. 2, p. 991.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 14 - FIRE PROTECTION DISTRICT › Section 31-1404 - NOTICE OF HEARING.

31-1404. NOTICE OF HEARING. When such petition is presented to the board of county commissioners and filed in the office of the clerk of such board, the said board shall set a time for a hearing upon such petition, which time shall not be less than four (4) nor more than six (6) weeks, from the date of the presentation and filing of such petition. A notice of the time of such hearing shall be published by said board, once each week for three (3) successive weeks previous to the time set for such hearing, in a newspaper published within each county in which said district is to be situated. Said notice shall state that a fire protection district is proposed to be organized, giving the proposed boundaries thereof, and that any taxpayer within the proposed boundaries of such proposed district may on the date fixed for such hearing appear and offer any testimony pertaining to the organization of such district, the proposed boundaries thereof or the including or excluding of any real property therein or therefrom. After hearing and considering any and all testimony, if any such be interposed, the county commissioners shall thereupon make an order thereon either denying such petition or granting the same, with or without modification, and shall accordingly fix the boundaries of such proposed district in any order granting such petition. The boundaries so fixed shall be the boundaries of said district after its organization be completed as provided by this chapter, and a map showing the boundaries of such proposed district as finally fixed and determined by the board of county commissioners shall be prepared and filed in the office of the clerk of said board.
If the district is to be situated in two (2) or more counties, each board of county commissioners shall coordinate the hearing date and the publications of notice so that only one (1) hearing need be held. Unless otherwise agreed to by each board of county commissioners involved, the hearing shall be held in the county with the largest area to be included within the district, and the boards of county commissioners are hereby specifically authorized to act in a joint manner for such purposes.
History:
[31-1404, added 1943, ch. 161, sec. 4, p. 324; am. 1986, ch. 137, sec. 2, p. 368; am. 1996, ch. 360, sec. 1, p. 1212.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 14 - FIRE PROTECTION DISTRICT › Section 31-1405 - NOTICE OF ELECTION.

31-1405. NOTICE OF ELECTION. After the county commissioners have made their order finally fixing and determining the boundaries of the proposed district, the clerk of the board of county commissioners shall cause to be published a notice of an election to be held, subject to the provisions of section 34-106, Idaho Code, in such proposed fire protection district for the purpose of determining whether or not the same shall be organized under the provisions of this chapter. Such notice shall plainly and clearly designate the boundaries of such proposed fire protection district, and shall state the name of the proposed district as designated in the petition and shall state that a map showing the boundaries of said district is on file in his office.
Such notice shall be published first not less than fifteen (15) days prior to the election, and a second publication not less than five (5) days prior to such election, in a newspaper published within the county aforesaid. Such notice shall require the electors to cast ballots which shall contain the words "…. fire protection district, yes," or "…. fire protection district, no" or words equivalent thereto. No person shall be entitled to vote at any election held under the provisions of this chapter unless he shall possess all the qualifications required of electors under the general laws of the state, and be a resident of the proposed district.
If the district is to be situated in two (2) or more counties, the boards of county commissioners shall provide that the election be held on the same day in each county.
History:
[31-1405, added 1943, ch. 161, sec. 5, p. 324; am. 1986, ch. 137, sec. 3, p. 368; am. 1995, ch. 118, sec. 26, p. 452; am. 2006, ch. 318, sec. 3, p. 991.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 14 - FIRE PROTECTION DISTRICT › Section 31-1406 - ELECTION — QUALIFICATION OF ELECTORS — CANVASS.

31-1406. ELECTION — QUALIFICATION OF ELECTORS — CANVASS. Such election shall be conducted in accordance with title 34, Idaho Code. The board of county commissioners shall establish as many election precincts within such proposed fire protection district as may be necessary, and define the boundaries thereof. The county clerk shall appoint judges of election, who shall perform the duties as judges of election under title 34, Idaho Code; and the result of such election shall be certified, and canvassed and declared by the board of county commissioners.
History:
[31-1406, added 1943, ch. 161, sec. 6, p. 324; am. 1982, ch. 254, sec. 6, p. 651; am. 1986, ch. 137, sec. 4, p. 369; am. 1995, ch. 118, sec. 27, p. 452; am. 2009, ch. 341, sec. 17, p. 1003.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 14 - FIRE PROTECTION DISTRICT › Section 31-1407 - CANVASS BY BOARD OF COMMISSIONERS — VALIDITY OF ORGANIZATION.

31-1407. CANVASS BY BOARD OF COMMISSIONERS — VALIDITY OF ORGANIZATION. Immediately after any election for voting upon the organization of a fire protection district, the judges of said election shall forward the official results of said election to the clerk of said board of commissioners. The said board of commissioners shall meet within ten (10) days after said returns are received and shall proceed to canvass the votes cast at such election, and if, upon canvass, it shall appear that one-half (1/2) or more of said votes are "…. fire protection district, no," then a record of that fact shall be duly entered upon the minutes of said board, and all proceedings in regard to the organization of said district shall be void. If, however, it shall appear upon such canvass, that more than one-half (1/2) of the votes cast are "…. fire protection district, yes," the said board shall, by order entered on its minutes, declare such territory duly organized as a fire protection district under the name designated in the petition. After the election, the validity of the proceedings hereunder shall not be affected by any defect in the petition or in the number of qualifications of the signers thereof, and in no event shall any action be commenced or maintained or defense made affecting the validity of such organization after six (6) months from and after the making and entering of the order provided for in this section. Such board shall cause one (1) copy of such order, duly certified, to be filed for record in the office of the county recorder of the county in which said district is situated and shall transmit to the governor one (1) certified copy thereof.
From and after the date of such filing of said order of the board of county commissioners declaring such territory duly organized as a fire protection district, the organization of such district shall be complete.
If the district is to be situated in two (2) or more counties, the boards of county commissioners shall coordinate the canvass of the votes cast and make one (1) joint announcement. If a majority of the votes cast in any county are against the formation of the district, such rejection shall void the organization of the district in all counties.
History:
[31-1407, added 1943, ch. 161, sec. 7, p. 324; am. 1986, ch. 137, sec. 5, p. 369.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 14 - FIRE PROTECTION DISTRICT › Section 31-1408 - FIRE PROTECTION BOARD — APPOINTMENT OF COMMISSIONERS — OATH.

31-1408. FIRE PROTECTION BOARD — APPOINTMENT OF COMMISSIONERS — OATH. (1) There shall be three (3) fire protection commissioners in each district, who shall constitute the fire protection board. The first fire protection commissioners of such fire protection district shall be appointed by the board of county commissioners. If the district is to be situated in two (2) or more counties, the boards of county commissioners from those counties shall coordinate a joint public meeting whereby the appointment shall be made by a majority of all county commissioners present at the joint public meeting. If the county commissioners cannot agree on the appointment of a commissioner, all the interested persons who received the highest and equal number of votes shall have their names placed in a container. The county commissioner with the most continuous length of service shall draw one (1) name from the container. The person whose name is drawn shall then be appointed to fill the vacancy. The certificate of such appointment shall be made in triplicate: one (1) certificate shall be filed in the office of the county recorder of the county, one (1) with the clerk of the board of county commissioners, and one (1) with the assessor and tax collector of the county. Every fire protection commissioner and appointed officer shall take and subscribe the official oath, which oath shall be filed in the office of the board of fire protection commissioners. If thirty-three percent (33%) of the area or population in the fire protection district is situated in two (2) or more counties, not more than two (2) of the appointed fire protection district commissioners shall be from the same county.
(2) The oath of office of fire protection commissioners and appointed officers shall be taken before the secretary or the president of the board of the fire protection district at the first regularly scheduled board meeting in January succeeding each election. Provided however, in the event of an inability to appear for the taking of the oath, a duly elected fire protection commissioner may be sworn in and may subscribe to the oath wherever he may be, provided he appear before an officer duly authorized to administer oaths, and provided further that any person who is in any branch of the armed forces of the United States of America may appear before any person qualified to administer oaths as prescribed in section 51-113, Idaho Code, and may take and subscribe the oath of office as provided for in section 59-401, Idaho Code, and the oath of office shall have the same force and effect as though it were taken before the secretary or the president of the fire protection district pursuant to this subsection.
History:
[31-1408, added 1943, ch. 161, sec. 8, p. 324; am. 1986, ch. 137, sec. 6, p. 370; am. 1998, ch. 190, sec. 1, p. 692; am. 2006, ch. 318, sec. 4, p. 992; am. 2010, ch. 337, sec. 1, p. 891; am. 2016, ch. 89, sec. 1, p. 275; am. 2017, ch. 128, sec. 3, p. 299; am. 2017, ch. 192, sec. 12, p. 457.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 14 - FIRE PROTECTION DISTRICT › Section 31-1410A - DECISION TO INCREASE THE SIZE OF THE BOARD.

31-1410A. DECISION TO INCREASE THE SIZE OF THE BOARD. Subsequent to the creation of a fire protection district and the appointment of the first board of fire protection commissioners, the fire protection board may, by a majority vote of all of the fire protection district board members elect to increase the size of the board to five (5) members.
If the board of fire protection commissioners elects to expand the board to five (5) members, the existing board members shall subdivide the district into five (5) subdivisions as nearly equal in population, area and mileage as practicable to be known as subdistricts one, two, three, four and five.
At the first election following the decision of the board of fire protection commissioners to expand the board from three (3) to five (5) members, five (5) commissioners shall be elected. The commissioners from fire protection subdistricts one and two shall be elected to a term of two (2) years, the commissioners from subdistricts three, four and five shall be elected to a term of four (4) years. Thereafter, the term of all commissioners shall be four (4) years.
A fire district which, prior to the effective date of this section, had elected to expand a board from three (3) to five (5) members shall, prior to the next election of the district, adopt a transition schedule as nearly reflecting the schedule provided in this section as possible[.] For commissioners whose offices expire in 2012 and in any even-numbered year, such commissioners shall remain in office until the next election in an odd-numbered year.
History:
[(31-1410A) 31-1408A, added 1998, ch. 190, sec. 2, p. 692; am. 2001, ch. 109, sec. 1, p. 372; am. and redesig. 2006, ch. 318, sec. 5, p. 992; am. 2011, ch. 11, sec. 4, p. 28.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 14 - FIRE PROTECTION DISTRICT › Section 31-1410B - DECISION TO DECREASE THE SIZE OF THE BOARD.

31-1410B. DECISION TO DECREASE THE SIZE OF THE BOARD. (1) Any fire protection board consisting of five (5) members may, by a four-fifths (4/5) majority vote of all of the board members, elect to decrease the size of the board to three (3) members.
(2) If the board of fire protection commissioners elects to reduce the board to three (3) members, the existing board members shall subdivide the district into three (3) subdivisions as nearly equal in population, area and mileage as practicable to be known as subdistricts one, two and three. 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 the decision of the board of fire protection commissioners to reduce the board from five (5) to three (3) members, three (3) commissioners shall be elected. 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 all commissioners shall be four (4) years.
(4) For commissioners whose office expires in any even-numbered year, such commissioners shall remain in office until the next election in an odd-numbered year.
History:
[31-1410B, added 2016, ch. 89, sec. 4, p. 277.]