reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 48 - EMERGENCY COMMUNICATIONS ACT › Section 31-4811 - PAY PHONES TO BE CONVERTED TO ALLOW EMERGENCY CALLS WITHOUT CHARGE.

31-4811. PAY PHONES TO BE CONVERTED TO ALLOW EMERGENCY CALLS WITHOUT CHARGE. Every provider of telephone service or other owner of a pay station telephone in an area served by an emergency telephone system established pursuant to this chapter must convert every pay station telephone to permit dialing 911 or the telephone company operator without deposit of a coin or other charge to the caller. Conversion must be completed by or before the time the emergency telephone system is operational. If modification of telephone service switching equipment is necessary to implement the provisions of this section, such modification shall be considered a cost of the emergency communications program and the provider of telephone service shall be compensated from the user fees authorized for this chapter upon application to the county, providing that such costs are approved by the public utilities commission.
History:
[31-4811, added 1988, ch. 348, sec. 1, p. 1030.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 48 - EMERGENCY COMMUNICATIONS ACT › Section 31-4812 - IMMUNITY AND CONDITIONS OF LIABILITY IN PROVIDING EMERGENCY COMMUNICATIONS SERVICE.

31-4812. IMMUNITY AND CONDITIONS OF LIABILITY IN PROVIDING EMERGENCY COMMUNICATIONS SERVICE. In order to further the purposes of this chapter, and to encourage the development of consolidated emergency communications systems, the legislature finds that telecommunications providers making available consolidated emergency communications systems and related services shall not be subject to liability in conjunction with providing such services except on the terms stated below.
(1) No telecommunications provider shall be liable to any person for the good faith release to emergency communications system personnel of information not in the public record including, but not limited to, nonpublished or nonlisted telephone numbers.
(2) A telecommunications provider making available emergency communications systems or services, and its employees and agents, shall not be liable in tort to any person for damages alleged to have been caused by the design, development, installation, maintenance or provision of consolidated emergency communications systems or services, unless such entities or persons act with malice or criminal intent, or commit reckless, willful and wanton conduct.
(3) For the purposes of this section, "reckless, willful and wanton conduct" is defined as an intentional and knowing action, or failure to act, creating an unreasonable risk of harm to another, and which involves a high degree of probability that such harm will result.
History:
[31-4812, added 1990, ch. 221, sec. 1, p. 588; am. 2003, ch. 290, sec. 8, p. 791.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 48 - EMERGENCY COMMUNICATIONS ACT › Section 31-4814 - CONFIDENTIAL AND PROPRIETARY DATA.

31-4814. CONFIDENTIAL AND PROPRIETARY DATA. All data submitted to governing boards by wireless carriers deemed by such carriers as confidential and proprietary shall be deemed to be trade secrets pursuant to chapter 1, title 74, Idaho Code.
History:
[31-4814, added 2003, ch. 290, sec. 9, p. 791; am. 2015, ch. 141, sec. 57, p. 420.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 48 - EMERGENCY COMMUNICATIONS ACT › Section 31-4817 - IDAHO PUBLIC SAFETY COMMUNICATIONS COMMISSION — MEDIATION.

31-4817. IDAHO PUBLIC SAFETY COMMUNICATIONS COMMISSION — MEDIATION. In the event that a dispute arises between local government entities over the governance of operations of consolidated emergency communications systems and interoperable public safety communications and data systems, those local governments shall be required, prior to initiating any legal action, to submit the contested issue or issues to the commission for purposes of mediation. The commission shall have sixty (60) days from the date of submission of any issues to mediate and recommend a course of action to the local governments involved in the dispute. Any recommendation of the commission shall be advisory only and shall not be binding on the parties involved. After receipt of any recommendation by the commission, the local governments may accept in whole or in part the recommendations or may initiate legal action as provided by contract or law.
History:
[31-4817, added 2004, ch. 325, sec. 2, p. 975; am. 2016, ch. 127, sec. 7, p. 371.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 48 - EMERGENCY COMMUNICATIONS ACT › Section 31-4818 - IDAHO EMERGENCY COMMUNICATIONS FUND — ESTABLISHMENT AND ADMINISTRATION.

31-4818. IDAHO EMERGENCY COMMUNICATIONS FUND — ESTABLISHMENT AND ADMINISTRATION. (1) There is hereby created within the treasury of the state of Idaho a separate fund known as the Idaho emergency communications fund, which shall consist of moneys received from counties, cities, consolidated emergency communications operations, the fee imposed pursuant to the provisions of section 31-4813, Idaho Code, grants, donations, gifts and revenues from any other source to support the delivery of consolidated emergency communications systems.
(2) Moneys in the fund are hereby continuously appropriated and shall be utilized exclusively for the purposes set forth in this chapter as determined by the commission.
(3) Annually, at the direction of the commission, not more than one percent (1%) of the total emergency communications fees collected in the state of Idaho is hereby dedicated for and shall be placed in the fund on a quarterly basis by county, city or consolidated emergency communications systems. The commission, on an annual basis, shall prepare a budget indicating that portion of the fee necessary for the continuous operation of the commission to achieve the purposes of this chapter.
(4) The commission shall authorize disbursement of moneys in the fund to eligible entities.
(5) The state treasurer shall invest idle moneys in the fund and interest earned from such investments shall be returned to the fund.
(6) Funds received from the fee imposed pursuant to the provisions of section 31-4813, Idaho Code, shall be distributed quarterly to each governing board based upon population served, excluding one percent (1%) to be used for administration of the emergency communications commission as described in this section.
(7) This act is necessary for the immediate preservation of the public peace, health, safety or support of the state government and its existing public institutions and takes effect January 1, 2014.
History:
[31-4818, added 2004, ch. 325, sec. 2, p. 976; am. 2008, ch. 379, sec. 1, p. 1048; am. 2013, ch. 224, sec. 3, p. 528.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 48 - EMERGENCY COMMUNICATIONS ACT › Section 31-4819 - ENHANCED EMERGENCY COMMUNICATIONS GRANT FEE.

31-4819. ENHANCED EMERGENCY COMMUNICATIONS GRANT FEE. (1) On and after July 1, 2013, there shall be an enhanced emergency communications grant fee established by virtue of authority granted by this chapter. The fee shall be twenty-five cents (25¢) per month per access or interconnected VoIP service line.
(a) Such fee shall be authorized by resolution of a majority vote of the board of commissioners of a countywide system or by the governing board of a 911 service area.
(b) Such fee shall be remitted to the Idaho emergency communications fund provided in section 31-4818(1), Idaho Code, on a quarterly basis by county, city or consolidated emergency communications systems. Annually, at the discretion of the commission, a budget shall be prepared allocating a portion of the available grant funds for administration of the grant program. The remaining grant funds shall be dedicated for and shall be authorized for disbursement as grants to eligible entities that are operating consolidated emergency communications systems for use to achieve the purposes of this chapter. Grant funds shall coincide with the strategic goals as identified by the commission in its annual report to the legislature. Grant funds may also be budgeted for and utilized for the establishment of next generation consolidated emergency systems (NG911) within the state.
(2) The commission, on an annual basis, shall prepare a budget allocating the grant funds available to eligible entities and the portion of the funds necessary for the continuous operation of the commission to achieve the purposes of this chapter.
(3) To be eligible for grant funds under this chapter, a county or 911 service area must be collecting the emergency communications fee in accordance with section 31-4804, Idaho Code, in the full amount authorized and must also be collecting the enhanced emergency communications grant fee in the full amount authorized in this subsection.
(4) If a county or 911 service area has authorized the collection of the enhanced emergency communications grant fee pursuant to this chapter, such county or 911 service area shall retain the full amount of the emergency communications fee that was set by the board of commissioners or governing board pursuant to section 31-4803, Idaho Code. The county or 911 service area is then also exempt from remitting to the Idaho public safety communications commission one percent (1%) of the total emergency communications fee received by the county or 911 service area as required in section 31-4818(3), Idaho Code. The remaining funds from the enhanced emergency communications grant fee collected shall then be remitted by the county or 911 service area to the Idaho public safety communications commission.
History:
[31-4819, added 2008, ch. 379, sec. 2, p. 1049; am. 2013, ch. 260, sec. 1, p. 636; am. 2014, ch. 97, sec. 21, p. 285; am. 2016, ch. 127, sec. 8, p. 372.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 48 - EMERGENCY COMMUNICATIONS ACT › Section 31-4820 - IDAHO PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS AND DATA SYSTEMS FUND — ESTABLISHMENT AND ADMINISTRATION.

31-4820. IDAHO PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS AND DATA SYSTEMS FUND — ESTABLISHMENT AND ADMINISTRATION. (1) There is hereby created within the treasury of the state of Idaho a separate fund known as the Idaho public safety interoperable communications and data systems fund. This fund may consist of moneys received from the state, counties, cities, grants, donations, gifts and other revenues.
(2) Moneys in the fund are hereby continuously appropriated and shall be utilized exclusively for the purposes set forth in this chapter.
(3) Annually, at the direction of the commission, a budget shall be prepared allocating a portion of the available funds for administration of the public safety interoperable communications and data systems programs, for the purposes of this section.
History:
[31-4820, added 2016, ch. 127, sec. 9, p. 373.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 48 - EMERGENCY COMMUNICATIONS ACT › Section 31-4821 - ADMINISTRATIVE SUPPORT.

31-4821. ADMINISTRATIVE SUPPORT. The commission may, with consensus of the governor and legislature of the state of Idaho, create positions including, but not limited to, executive director, 911 program manager, 911 grants manager, statewide interoperability coordinator, national public safety broadband network program manager, or other administrative support positions as required to carry out the provisions of this chapter. In accordance with the law of the state of Idaho, and striving to keep administrative costs to a minimum, the commission may hire, fix the compensation and prescribe the powers and duties of such individuals.
History:
[31-4821, added 2016, ch. 127, sec. 10, p. 373.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 49 - REGIONAL SOLID WASTE OR DOMESTIC SEPTAGE DISPOSAL DISTRICTS › Section 31-4901 - FINDINGS AND PURPOSE.

31-4901. FINDINGS AND PURPOSE. (1) The legislature hereby finds and declares that the disposal of solid waste and domestic septage within the state of Idaho is an important public purpose, and that the creation of independent regional districts to administer solid waste or domestic septage disposal is an efficient and cost-effective method of meeting the state’s solid waste or domestic septage disposal needs.
(2) The purpose of this chapter is to enable counties to establish regional solid waste or domestic septage districts for the purpose of providing a regional solution to the problem of solid waste or domestic septage disposal through the operation and maintenance of a regional solid waste or domestic septage system.
(3) The foregoing purpose is hereby declared to be a valid public purpose within the police powers of the state of Idaho.
History:
[31-4901, added 1990, ch. 390, sec. 1, p. 1085; am. 2001, ch. 175, sec. 2, p. 596.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 49 - REGIONAL SOLID WASTE OR DOMESTIC SEPTAGE DISPOSAL DISTRICTS › Section 31-4902 - DEFINITIONS.

31-4902. DEFINITIONS. As used in this chapter:
(1) "Act" or "this act" means this regional solid waste or domestic septage district act.
(2) "Commissioners" means the board of commissioners of each county within a district.
(3) "District" means a regional solid waste or domestic septage district created pursuant to this chapter.
(4) "District board" means the board of directors of a district.
(5) "Domestic septage" means either liquid or solid material removed from a septic tank, cesspool, portable toilet, type III marine sanitation device, or similar treatment works that receive only domestic sewage. Domestic septage does not include liquid or solid material removed from septic tanks, cesspools, or similar treatment works that receive either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a restaurant.
(6) "Facility" or "facilities" means all equipment and other property, including electrical cogeneration equipment, deemed necessary by the district board for the operation of a solid waste disposal and/or resource recovery system or the operation of domestic septage receiving stations, domestic septage treatment processes and domestic septage disposal methods.
(7) "Participating county" means a county which elects, through action of the commissioners as provided in this chapter, to become a member of a district.
(8) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under 33 U.S.C. 1342, or source, special nuclear, or byproduct material as defined by the atomic energy act of 1954, as amended.
(9) "State" means the state of Idaho.
(10) "System" means all components of solid waste operations including, but not limited to, landfill compliance measures, landfill disposal operations, regional transfer operations, domestic septage receiving stations, domestic septage disposal methods, domestic septage treatment operations and resource recovery and management, on any site or sites acquired, constructed, operated, or managed by a district.
History:
[31-4902, added 1990, ch. 390, sec. 1, p. 1086; am. 2001, ch. 175, sec. 3, p. 596.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 49 - REGIONAL SOLID WASTE OR DOMESTIC SEPTAGE DISPOSAL DISTRICTS › Section 31-4903 - ESTABLISHMENT OF DISTRICTS.

31-4903. ESTABLISHMENT OF DISTRICTS. Any two (2) or more counties within the state may establish an independent public body corporate and politic to be known as a regional solid waste or domestic septage district (with such additional designation as the district board may select), consisting of such counties as may elect, by resolution of the commissioners of such counties, to become participating counties of such district. The boundaries of a district shall be coterminous with the boundaries of the participating counties. Counties within a district need not be contiguous to each other. No district shall transact any business nor exercise any powers hereunder until or unless the commissioners of two (2) or more of such counties, by resolution, shall declare their intent to participate in a district. Any county which does not so elect to become a participating county shall not be subject to the provisions of this chapter.
In any suit, action, or proceeding involving or relating to any contract, resolution, regulation, or other action of a district, the district shall be conclusively deemed to have been organized and authorized to transact business and to exercise its powers hereunder upon proof of the adoption of a resolution by the commissioners of not less than two (2) counties as provided hereinabove. A duly certified copy of any such resolution shall be admissible in evidence in any suit, action, or proceeding.
A district created pursuant to this chapter shall not be deemed to be an agency of the state of Idaho nor of any of its political subdivisions for purposes of article VIII of the Idaho constitution.
History:
[31-4903, added 1990, ch. 390, sec. 1, p. 1086; am. 2001, ch. 175, sec. 4, p. 597.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 49 - REGIONAL SOLID WASTE OR DOMESTIC SEPTAGE DISPOSAL DISTRICTS › Section 31-4904 - DISTRICT BOARD — QUORUM — MEETINGS.

31-4904. DISTRICT BOARD — QUORUM — MEETINGS. A district shall be governed by a board of directors consisting of not less than three (3) members, hereinafter referred to as the district board, which shall be vested with the authority, control and supervision of the district. The district board shall consist of one (1) commissioner from each participating county, appointed by the commissioners of the participating county. If the district includes only two (2) counties, the commissioners of the two (2) participating counties shall jointly appoint a third member of the district board. Ex officio, nonvoting members may be appointed by the district board. The district board shall designate one (1) of its members as president, shall appoint a treasurer, who need not be a member of the district board, and shall establish such other officers as it deems necessary. The district board shall adopt bylaws for its own operation and establish such regular meeting dates and times as it shall deem necessary. A majority of the voting members of the district board shall constitute a quorum, and a majority of the quorum present shall be sufficient to take any action. A member of the district board shall serve for a two (2) year term and may be reappointed by the commissioners appointing such member. Any member may be removed by the commissioners who originally appointed such member, at any time and for any reason. Any vacancy shall be filled by the original appointing commissioners. Members of a district board shall serve without compensation, but may be reimbursed for their actual expenses incurred in attending board meetings or conducting other district business under such rules as the district board may adopt. Regular and special meetings of a district board shall be conducted in compliance with chapter 2, title 74, Idaho Code.
History:
[31-4904, added 1990, ch. 390, sec. 1, p. 1087; am. 2015, ch. 141, sec. 58, p. 421.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 49 - REGIONAL SOLID WASTE OR DOMESTIC SEPTAGE DISPOSAL DISTRICTS › Section 31-4905 - CONFLICT OF INTEREST PROHIBITED.

31-4905. CONFLICT OF INTEREST PROHIBITED. No member of a district board, employee, or agent of a district shall acquire any interest in any property or contract of the district.
History:
[31-4905, added 1990, ch. 390, sec. 1, p. 1087.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 49 - REGIONAL SOLID WASTE OR DOMESTIC SEPTAGE DISPOSAL DISTRICTS › Section 31-4907 - ANNUAL BUDGET.

31-4907. ANNUAL BUDGET. The fiscal year of a district shall commence on October 1 of each year and shall end on September 30 of the following year.
The district board shall prepare, by the first Monday in July of each year, a preliminary budget for the district and an estimate of costs to be apportioned to each participating county for the ensuing year. A copy of the preliminary budget, showing the amount of costs to be allocated to each participating county, shall be distributed to each participating county by July 15 of each year.
On or before the first Monday in August, there shall be held at a time and place determined by the district board a meeting and public hearing upon the proposed budget of the district. Notice of the meeting and public hearing shall be published in a newspaper of general circulation in each participating county, in one (1) issue thereof. The place, hour, and day of such hearing shall be specified in said notice, as well as the place where such budget may be examined prior to such hearing. A summary of such proposed budget shall be published with and as a part of the publication of such notice of hearing in substantially the form required in section 31-1604, Idaho Code.
On or before August 15 of each year a budget for the district shall be approved by the district board and certified to each county. Such determination shall be binding upon all counties within the district and the district itself.
A district may establish operating funds, dedicated funds, bond and sinking funds, and such other funds as the district board may designate, and may accumulate and carry over funds from year to year as the district board shall direct. Such funds may be utilized for any lawful purpose of the district including, but not limited to, compliance with federal and state environmental protection laws and regulations.
History:
[31-4907, added 1990, ch. 390, sec. 1, p. 1088.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 49 - REGIONAL SOLID WASTE OR DOMESTIC SEPTAGE DISPOSAL DISTRICTS › Section 31-4908 - APPORTIONMENT OF ANNUAL COSTS TO COUNTIES.

31-4908. APPORTIONMENT OF ANNUAL COSTS TO COUNTIES. Any costs of the district for the ensuing year, in excess of the fees and other revenues anticipated to be received directly by the district, shall be allocated to the participating counties in accordance with the annual budget approved by the district board. Costs shall be allocated on a per capita, weight, or volume basis, or any combination thereof designed to achieve an equitable distribution of costs in relation to the benefits derived to each county. Any participating county may finance its share of such costs in accordance with section 31-4404, Idaho Code. It shall be the duty of each participating county to remit its apportioned amount to the district at such time or times as specified in the annual budget approved by the district board.
History:
[31-4908, added 1990, ch. 390, sec. 1, p. 1089.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 49 - REGIONAL SOLID WASTE OR DOMESTIC SEPTAGE DISPOSAL DISTRICTS › Section 31-4909 - NO POWER TO TAX.

31-4909. NO POWER TO TAX. A district shall have no power to levy property taxes. Nothing herein shall be deemed as limiting or prohibiting the power of any participating county to levy property taxes for the purposes authorized in section 31-4404, Idaho Code.
History:
[31-4909, added 1990, ch. 390, sec. 1, p. 1089.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 49 - REGIONAL SOLID WASTE OR DOMESTIC SEPTAGE DISPOSAL DISTRICTS › Section 31-4910 - BONDS AND OTHER INDEBTEDNESS.

31-4910. BONDS AND OTHER INDEBTEDNESS. A district shall have power to issue bonds or other obligations including, without limitation, installment purchase or lease-purchase obligations, from time to time in the discretion of the district board, for any of its corporate purposes. A district shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued or other indebtedness previously incurred by it. In order to carry out the purposes of this chapter, a district may issue, upon proper resolution, bonds or other obligations on which the principal and interest are payable (a) exclusively from the income and revenue of a project financed with the proceeds of such bonds or other obligations; or (b) exclusively from such income and revenues together with grants and contributions from the federal government or other moneys of the district or any source in aid of such project.
Neither the members of the district board nor any person executing the bonds shall be liable personally on the bonds or other obligations by reason of the issuance thereof. The bonds and other obligations of a district (and such bonds and obligations shall so state on their face) shall not be a debt or liability, direct or indirect, of the district, the state, or any political subdivision thereof, and neither the district, the state, nor any political subdivision thereof shall be liable thereon, nor in any event shall such bonds or obligations be payable out of any funds other than those of the district. Bonds of a district are declared to be issued for an essential public and governmental purpose, and the interest thereon shall be exempt from income taxation by the state of Idaho.
History:
[31-4910, added 1990, ch. 390, sec. 1, p. 1089.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 49 - REGIONAL SOLID WASTE OR DOMESTIC SEPTAGE DISPOSAL DISTRICTS › Section 31-4911 - AUTHORIZATION, FORM AND SALE OF BONDS.

31-4911. AUTHORIZATION, FORM AND SALE OF BONDS. When the district board shall find the proposed project or projects to be necessary for the proper operation of the district and economically feasible and such finding is recorded in its minutes, the bonds therefor shall be authorized by resolution of the district board. The bonds may be issued in one (1) or more series, may bear such date or dates, may be in such denomination or denominations, may mature at such time or times, not exceeding forty (40) years from the respective dates thereof, may mature in such amount or amounts, may bear interest at such rate or rates to be determined by the district board, may be in such form, may carry such registration and such conversion privileges, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption, with or without premium, as such resolution or other resolutions may provide. The bonds may be sold at a public or private sale at, above, or below par, as shall be determined by the district board, plus accrued interest, in a manner to be provided by the district board. The bonds shall be fully negotiable within the meaning and for all purposes of the uniform commercial code.
History:
[31-4911, added 1990, ch. 390, sec. 1, p. 1090.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 49 - REGIONAL SOLID WASTE OR DOMESTIC SEPTAGE DISPOSAL DISTRICTS › Section 31-4912 - SECURITY FOR BONDS OR OTHER INDEBTEDNESS.

31-4912. SECURITY FOR BONDS OR OTHER INDEBTEDNESS. In connection with the issuance of bonds or the incurring of other indebtedness, and to secure the payment of the same, the district board shall have the power:
(1) To pledge all or any part of its fees and revenues from any source;
(2) To covenant against pledging all or any part of its fees and revenues, or against permitting any lien on such fees, revenues, or property;
(3) To covenant as to the bonds or other indebtedness to be issued and as to the use and disposition of the proceeds thereof;
(4) To establish and fund reserves for the payment of such bonds or indebtedness;
(5) To enter into credit enhancement arrangements including, but not limited to, letters of credit, reimbursement and remarketing agreements, and bond insurance policies;
(6) To make such covenants as will tend to make such bonds or indebtedness more marketable, notwithstanding that such covenants may not be enumerated herein.
History:
[31-4912, added 1990, ch. 390, sec. 1, p. 1090.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 49 - REGIONAL SOLID WASTE OR DOMESTIC SEPTAGE DISPOSAL DISTRICTS › Section 31-4913 - LIMITATION ON ACTIONS.

31-4913. LIMITATION ON ACTIONS. No direct or collateral action attacking or questioning the validity of any bonds or other indebtedness of a district shall be brought after the elapse of forty (40) days from and after the adoption of the resolution authorizing the issuance of such bonds or the incurring of such indebtedness.
History:
[31-4913, added 1990, ch. 390, sec. 1, p. 1091.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 49 - REGIONAL SOLID WASTE OR DOMESTIC SEPTAGE DISPOSAL DISTRICTS › Section 31-4914 - APPLICATION OF LAWS.

31-4914. APPLICATION OF LAWS. In the acquisition, construction, siting or other location of any facilities of a district, the district shall be subject to and shall comply with applicable zoning and building laws, ordinances and regulations of the governmental entity having jurisdiction over such location.
History:
[31-4914, added 1990, ch. 390, sec. 1, p. 1091.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 49 - REGIONAL SOLID WASTE OR DOMESTIC SEPTAGE DISPOSAL DISTRICTS › Section 31-4915 - COMPETITIVE BID LAWS.

31-4915. COMPETITIVE BID LAWS. In the acquisition of public works or property, other than real property, a district shall comply with the competitive bid requirements applicable to counties of the state.
History:
[31-4915, added 1990, ch. 390, sec. 1, p. 1091.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 49 - REGIONAL SOLID WASTE OR DOMESTIC SEPTAGE DISPOSAL DISTRICTS › Section 31-4916 - TRANSFER OF PROPERTY AUTHORIZED.

31-4916. TRANSFER OF PROPERTY AUTHORIZED. Any county, city, other political subdivision, public or quasi-public entity, and the state and any agency or department thereof, shall have the power to sell, convey or transfer with or without consideration, or to lease, for any term and upon any consideration, any property, real or personal, to a district.
History:
[31-4916, added 1990, ch. 390, sec. 1, p. 1091.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 49 - REGIONAL SOLID WASTE OR DOMESTIC SEPTAGE DISPOSAL DISTRICTS › Section 31-4917 - OPERATION OF LANDFILLS, DOMESTIC SEPTAGE RECEIVING STATIONS OR RESOURCE RECOVERY FACILITIES BY PARTICIPATING COUNTIES PROHIBITED.

31-4917. OPERATION OF LANDFILLS, DOMESTIC SEPTAGE RECEIVING STATIONS OR RESOURCE RECOVERY FACILITIES BY PARTICIPATING COUNTIES PROHIBITED. No participating county shall acquire, construct or operate, or continue the operation of, any landfill site, domestic septage receiving stations, or any facility for the recovery of resources or the disposal of solid waste or domestic septage, without the consent of the district board, after a solid waste disposal, or domestic septage receiving station, or resource recovery facility of a district is operational. The foregoing restriction shall not apply to a resource recovery facility which was operational at, or which becomes operational within six (6) months after, the date of establishment of the district. The district board may establish exceptions, consistent with applicable federal and state laws and regulations, to this requirement. The commissioners of the participating counties shall take all actions necessary to require that all solid waste or domestic septage collected within their respective jurisdictions be delivered to the district’s solid waste or domestic septage disposal or resource recovery site or sites.
History:
[31-4917, added 1990, ch. 390, sec. 1, p. 1091; am. 2001, ch. 175, sec. 6, p. 599.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 49 - REGIONAL SOLID WASTE OR DOMESTIC SEPTAGE DISPOSAL DISTRICTS › Section 31-4918 - LIABILITY OF PARTICIPATING COUNTY.

31-4918. LIABILITY OF PARTICIPATING COUNTY. Each participating county shall be liable for the payment of its allocated costs pursuant to section 31-4908, Idaho Code. Each participating county shall be liable for environmental costs only to the extent provided in the comprehensive environmental response compensation and liability act of 1980, as the same now exists or may hereafter be amended, or to the extent provided in other applicable state or federal laws.
History:
[31-4918, added 1990, ch. 390, sec. 1, p. 1091.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 49 - REGIONAL SOLID WASTE OR DOMESTIC SEPTAGE DISPOSAL DISTRICTS › Section 31-4919 - INCLUSION OF ADDITIONAL COUNTIES.

31-4919. INCLUSION OF ADDITIONAL COUNTIES. Any county which is not a participating county of a district may, with the consent of the district board and the consent of the commissioners of a majority of the participating counties, become a participating county of a district by adoption of a resolution in accordance with section 31-4903, Idaho Code.
History:
[31-4919, added 1990, ch. 390, sec. 1, p. 1091.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 49 - REGIONAL SOLID WASTE OR DOMESTIC SEPTAGE DISPOSAL DISTRICTS › Section 31-4920 - WITHDRAWAL OF PARTICIPATING COUNTY.

31-4920. WITHDRAWAL OF PARTICIPATING COUNTY. A participating county may, with the consent of the commissioners of not less than two-thirds (2/3) of the remaining participating counties, expressed by resolution, withdraw from a district. A county withdrawing from a district shall not be entitled to reimbursement of any funds or to any proportionate share of the property of the district.
History:
[31-4920, added 1990, ch. 390, sec. 1, p. 1092.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 49 - REGIONAL SOLID WASTE OR DOMESTIC SEPTAGE DISPOSAL DISTRICTS › Section 31-4921 - DISSOLUTION.

31-4921. DISSOLUTION. A district may be dissolved by the unanimous action, expressed by resolution of the commissioners, of the participating counties; provided, that no dissolution shall occur while any indebtedness of the district remains outstanding unless provision for the payment of all such indebtedness first be duly made.
History:
[31-4921, added 1990, ch. 390, sec. 1, p. 1092.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 50 - OPTIONAL FORMS OF COUNTY GOVERNMENT GENERAL PROVISIONS › Section 31-5001 - CONSTITUTIONAL BASIS — EXCLUSIVE OPTIONAL FORMS OF COUNTY GOVERNMENT.

31-5001. CONSTITUTIONAL BASIS — EXCLUSIVE OPTIONAL FORMS OF COUNTY GOVERNMENT. (1) The purpose of this act is to establish optional forms of county government in compliance with section 12, article XVIII of the Idaho constitution. In addition to the original three (3) member board of county commissioners form of county government authorized by the constitution and laws of the state of Idaho before the enactment of section 12, article XVIII of the Idaho constitution, the following shall be the exclusive optional forms of county government:
(a) The commission-executive, as authorized in chapter 52, title 31, Idaho Code;
(b) The commission-manager, as authorized in chapter 53, title 31, Idaho Code;
(c) The three-member board of county commissioners with changes in other county offices, as authorized in chapter 54, title 31, Idaho Code;
(d) The five-member board of county commissioners, as authorized in chapter 55, title 31, Idaho Code;
(e) The seven-member board of county commissioners, as authorized in chapter 56, title 31, Idaho Code;
(f) Consolidation of offices among counties, with all other characteristics of the government of each participating county to remain unchanged, as authorized in chapter 57, title 31, Idaho Code.
(2) The adoption of an optional form of county government shall not relieve a county from the performance of the duties and responsibilities imposed upon the county, the board of county commissioners or any elected officer of the county by the constitution and laws of the state of Idaho.
History:
[31-5001, added 1996, ch. 283, sec. 1, p. 917.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 50 - OPTIONAL FORMS OF COUNTY GOVERNMENT GENERAL PROVISIONS › Section 31-5002 - SHORT TITLE — APPLICATION.

31-5002. SHORT TITLE — APPLICATION. (1) This act shall be known and may be cited as the "Optional Forms of County Government Act."
(2) The provisions of chapters 50 and 51, title 31, Idaho Code, shall apply to chapters 52 through 57, title 31, Idaho Code.
History:
[31-5002, added 1996, ch. 283, sec. 1, p. 918.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 50 - OPTIONAL FORMS OF COUNTY GOVERNMENT GENERAL PROVISIONS › Section 31-5003 - DEFINITIONS.

31-5003. DEFINITIONS. As used in chapters 50 through 57, title 31, Idaho Code:
(1) "Governing body" shall mean the board of county commissioners of the county or other legislative body governing the county under an optional form of county government approved by the electors of the county.
(2) "Officer" shall mean a member of the board of county commissioners, the clerk of the district court, ex officio auditor and recorder, the county treasurer, ex officio tax collector and public administrator, the county assessor, the county sheriff, the county coroner, the county prosecutor, or the holder of any other office of the county approved by the electors upon the adoption of an optional form of government.
(3) "Optional form of county government" shall mean any optional form of county government authorized by chapters 50 through 57, title 31, Idaho Code, or any subsequent act of the legislature.
(4) "Study commission" shall mean the body which may be appointed to review the government of the county and recommend which, if any, optional form of county government should be proposed to the electors.
History:
[31-5003, added 1996, ch. 283, sec. 1, p. 918.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 50 - OPTIONAL FORMS OF COUNTY GOVERNMENT GENERAL PROVISIONS › Section 31-5004 - PETITION OR RESOLUTION TO ADOPT AN OPTIONAL FORM OF COUNTY GOVERNMENT — CONTENTS — QUESTION TO BE SUBMITTED AT GENERAL ELECTION.

31-5004. PETITION OR RESOLUTION TO ADOPT AN OPTIONAL FORM OF COUNTY GOVERNMENT — CONTENTS — QUESTION TO BE SUBMITTED AT GENERAL ELECTION. (1) The governing body of each county shall have the authority to submit to the electors of the county the question of the adoption of an optional form of county government as follows:
(a) The governing body may pass a resolution providing for the submission of the question;
(b) The governing body shall submit the question upon a petition signed by petitioners equal in number to fifteen percent (15%) of the qualified electors voting in the county in the last general election.
(2) A separate petition or resolution shall be required for each optional form of county government proposed.
(3) The petition or resolution to establish an optional form of county government shall contain:
(a) A complete description of the proposed optional form of government as required under the provisions of the chapter pertaining to the form of government proposed to be adopted and under any other provisions of this act;
(b) A description of the effect of adopting the option upon any incumbents;
(c) A statement that if an optional form is adopted the question to return to the previous form or any other optional form of county government may be placed at subsequent elections but not more frequently than every four (4) years.
(4) The question of adopting an optional form of county government shall be submitted at the general election.
(5) The provisions of section 34-1801C, Idaho Code, shall govern the requirements for signatures, verification of valid petitions, printing and review of petitions, and time limits, unless expressly modified by other provisions of this act. The petition must be certified as provided in section 34-1801C, Idaho Code, prior to September 1 of the year of the general election at which the question of adopting the optional form of government proposed by the petition is to appear on the ballot.
History:
[31-5004, added 1996, ch. 283, sec. 1, p. 918; am. 2018, ch. 238, sec. 5, p. 561.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 50 - OPTIONAL FORMS OF COUNTY GOVERNMENT GENERAL PROVISIONS › Section 31-5005 - ELECTION TO ADOPT OPTIONAL FORM OF COUNTY GOVERNMENT — BALLOT QUESTION — MORE THAN ONE OPTION ON THE BALLOT.

31-5005. ELECTION TO ADOPT OPTIONAL FORM OF COUNTY GOVERNMENT — BALLOT QUESTION — MORE THAN ONE OPTION ON THE BALLOT. (1) The question of adopting an optional form of county government shall be submitted to the electors in substantially the following form:
Vote for one:
In favor of retaining the (name current form of government) form of county government.
In favor of adopting the (name optional form) form of county government.
(2) If more than one (1) optional form of county government is to be presented to the electors the questions shall be submitted in substantially the following form:
Vote for one:
In favor of retaining the (name current form of government) form of county government.
In favor of adopting the (name optional form) form of county government.
Vote for one:
In favor of retaining the (name current form of government) form of county government.
In favor of adopting the (name optional form) of county government.
If a majority of the electors favor more than one (1) option appearing on the ballot, the option receiving the greatest number of votes shall be adopted.
History:
[31-5005, added 1996, ch. 283, sec. 1, p. 919.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 50 - OPTIONAL FORMS OF COUNTY GOVERNMENT GENERAL PROVISIONS › Section 31-5006 - GENERAL TRANSITION PROVISIONS.

31-5006. GENERAL TRANSITION PROVISIONS. (1) The governing body shall prepare a plan for the orderly transition to an optional form of county government approved by the electors of the county. The development of the plan shall initiate within thirty (30) days after the optional form is approved by the electors and shall be completed within six (6) months.
(2) The governing body may enact and enforce ordinances to bring about an orderly transition to the new form of government, including the transfer of powers, records, documents, properties, assets, funds, liabilities or personnel. These ordinances shall be consistent with the optional form approved and shall be necessary or convenient to place it into full effect. Whenever a question arises concerning transition for which there is no provision, the governing body may provide for the transition by ordinance, rule or resolution not inconsistent with law.
History:
[31-5006, added 1996, ch. 283, sec. 1, p. 920.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 50 - OPTIONAL FORMS OF COUNTY GOVERNMENT GENERAL PROVISIONS › Section 31-5007 - CHANGE IN STATUS OF ELECTED OFFICERS.

31-5007. CHANGE IN STATUS OF ELECTED OFFICERS. Except as otherwise provided in this chapter or chapters 51 through 57, title 31, Idaho Code:
(1) An elected county officer whose office has become appointive or has been consolidated with another elective or appointive office under an optional form of government shall continue to perform the duties of office until his successor is appointed or elected and qualified. Thereafter the position held by the elected officer shall be deemed abolished.
(2) If the optional form of government consolidating an elective office with another office or making an elective office appointive is approved at an election at which the office was also filled by election, the office shall be declared abolished, the term of office not having commenced prior to the approval of the optional form.
(3) A petition or resolution proposing an optional form of county government may provide that an existing elected officer will continue in office until the end of the term for which he was elected or may provide that an existing elected officer will be retained as a county employee until the end of the term for which he was elected; provided that the person’s salary shall not be reduced except as part of a general salary reduction.
(4) Nothing in this section precludes a former elected official from being appointed or elected to a position in county government.
History:
[31-5007, added 1996, ch. 283, sec. 1, p. 920.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 50 - OPTIONAL FORMS OF COUNTY GOVERNMENT GENERAL PROVISIONS › Section 31-5008 - TREATMENT OF EXISTING ORDINANCES AND RESOLUTIONS.

31-5008. TREATMENT OF EXISTING ORDINANCES AND RESOLUTIONS. All ordinances and resolutions in effect at the time the optional form of government becomes effective shall continue in effect until repealed or amended in the manner provided by law.
History:
[31-5008, added 1996, ch. 283, sec. 1, p. 920.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 50 - OPTIONAL FORMS OF COUNTY GOVERNMENT GENERAL PROVISIONS › Section 31-5009 - EFFECT OF ADOPTION OF AN OPTIONAL FORM OF COUNTY GOVERNMENT.

31-5009. EFFECT OF ADOPTION OF AN OPTIONAL FORM OF COUNTY GOVERNMENT. Adoption of an optional form of county government shall not affect the validity of any bond, debt, contract, obligation or cause of action accrued or established under the prior form of government.
History:
[31-5009, added 1996, ch. 283, sec. 1, p. 920.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 50 - OPTIONAL FORMS OF COUNTY GOVERNMENT GENERAL PROVISIONS › Section 31-5010 - LIMITATION ON ELECTION TO CHANGE THE FORM OF COUNTY GOVERNMENT.

31-5010. LIMITATION ON ELECTION TO CHANGE THE FORM OF COUNTY GOVERNMENT. In the event an optional form is adopted, the question whether to return to the original form or adopt any other optional form may be placed at subsequent elections, but not more frequently than each four (4) years.
History:
[31-5010, added 1996, ch. 283, sec. 1, p. 921.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 51 - STUDY COMMISSION › Section 31-5101 - APPOINTMENT OF STUDY COMMISSION.

31-5101. APPOINTMENT OF STUDY COMMISSION. (1) The board of county commissioners may by resolution appoint a study commission, comprised of not less than five (5) nor more than nine (9) members, to study the existing form of county government, compare it to other optional forms and submit a report and any recommendations for change to the board.
(2) The board of county commissioners shall appoint a study commission upon the submission to it of a petition to appoint a study commission signed by petitioners equal in number to fifteen percent (15%) of the qualified electors voting in the county in the last general election.
(3) The resolution or petition shall state the number of commissioners to be appointed.
History:
[31-5101, added 1996, ch. 283, sec. 2, p. 921.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 51 - STUDY COMMISSION › Section 31-5102 - STUDY COMMISSION — QUALIFICATIONS.

31-5102. STUDY COMMISSION — QUALIFICATIONS. A member of a study commission shall be at least twenty-one (21) years of age and shall have resided in the county one (1) year preceding his appointment. Elected officials of the county then serving in office shall not be eligible.
History:
[31-5102, added 1996, ch. 283, sec. 2, p. 921.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 51 - STUDY COMMISSION › Section 31-5103 - STUDY COMMISSION TERMS — VACANCIES.

31-5103. STUDY COMMISSION TERMS — VACANCIES. (1) The term of office of a commission member initiates upon his appointment and concludes thirty (30) days after the issuance of the commission’s final report.
(2) The governing body shall fill any vacancies occurring on the commission within thirty (30) days after the vacancy occurs.
(3) Members of the study commission shall serve without compensation, but may be reimbursed for expenses lawfully incurred in the performance of their duties.
History:
[31-5103, added 1996, ch. 283, sec. 2, p. 921.]