reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 29 - LOCAL ECONOMIC DEVELOPMENT ACT › Section 50-2905A - ELECTION NECESSARY FOR EXPENDITURES ON CERTAIN PROJECTS.

50-2905A. ELECTION NECESSARY FOR EXPENDITURES ON CERTAIN PROJECTS. (1) Notwithstanding any other provision of this chapter, on and after the effective date of this act, it shall be unlawful for an urban renewal agency to expend revenue collected under this chapter on project costs when either the amount of revenue collected under this chapter, or the amount of revenue collected under this chapter plus any other public funds, not including federal funds or federal funds administered by a public body, contributes to fifty-one percent (51%) or more of the total project cost and the project is for construction of a municipal building or a multipurpose sports stadium complex, or the remodel of such a building or complex, with a total project cost exceeding one million dollars ($1,000,000) unless such construction project is first approved in an election by sixty percent (60%) of the participating qualified electors residing within the borders of the qualified municipality. An election pursuant to this section shall be in accordance with the provisions of chapter 1, title 34, Idaho Code. The total project cost described in this subsection shall not include the cost of any infrastructure or belowground improvements including, but not limited to, water, sewer, storm drainage, electrical, natural gas, telecommunication, or other similar systems and lines, streets, roads, curbs, gutters, sidewalks, walkways, parking facilities, or unoccupied auxiliary structures. This section shall not be construed to require an election regarding bonds issued prior to the effective date of this act.
(2) For purposes of this section, the following terms shall have the following meanings:
(a) "Multipurpose sports stadium complex" means a place or venue for indoor or outdoor sports, concerts, or other events that contains a field or other playing surface or area either partly or completely surrounded by a tiered structure designed to allow spectators to stand or sit and view the event;
(b) "Municipal building" means only an administrative building, city hall, library, courthouse, public safety or law enforcement buildings, other judicial buildings, fire stations, jails, and detention facilities that are not subject to property taxation whether they are, or are intended to be, owned or operated by or leased to a public body for the public’s benefit;
(c) "Project costs" shall have the same meaning as provided in section 50-2903(14), Idaho Code;
(d) "Public body" shall have the same meaning as provided in section 50-2018(3), Idaho Code;
(e) "Public funds" shall mean the funds collected or received by a public body but shall not include grants or donations from private entities or individuals to the public body.
History:
[50-2905A, added 2016, ch. 349, sec. 6, p. 1023; am. 2017, ch. 27, sec. 1, p. 50; am. 2019, ch. 321, sec. 1, p. 956.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 29 - LOCAL ECONOMIC DEVELOPMENT ACT › Section 50-2907 - TRANSMITTAL OF REVENUE ALLOCATION AREA DESCRIPTION AND OTHER DOCUMENTS TO TAXING AGENCIES.

50-2907. TRANSMITTAL OF REVENUE ALLOCATION AREA DESCRIPTION AND OTHER DOCUMENTS TO TAXING AGENCIES. (1) After the effective date of an ordinance enacted by the local governing body of an authorized municipality, the clerk of the authorized municipality shall transmit, to the county auditor and tax assessor of the county in which the revenue allocation area is located, to the affected taxing districts, and to the state tax commission, a copy of the ordinance enacted, a copy of the legal description of the boundaries of the revenue allocation area, and a map indicating the boundaries of the revenue allocation area.
(2) For revenue allocation areas extending beyond the corporate municipal boundary of the authorized municipality, the copy of the ordinance enacted by the authorized municipality shall include, as an attachment, a copy of the transfer of powers ordinance adopted by the cooperating county under section 50-2906(3)(b), Idaho Code.
(3) Such documents shall be transmitted within the time required by section 63-215, Idaho Code.
History:
[50-2907, added 1988, ch. 210, sec. 7, p. 398; am. 2000, ch. 114, sec. 1, p. 252; am. 2000, ch. 162, sec. 2, p. 411.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 29 - LOCAL ECONOMIC DEVELOPMENT ACT › Section 50-2910 - BONDS NOT GENERAL OBLIGATION OF AGENCY OR MUNICIPALITY.

50-2910. BONDS NOT GENERAL OBLIGATION OF AGENCY OR MUNICIPALITY. Except to the extent of moneys deposited in a special fund or funds under this act and pledged to the payment of the principal of and interest on bonds or other obligations, the agency shall not be liable on any such bonds or other obligations. The bonds issued and other obligations incurred by any agency under this chapter shall not constitute a general obligation or debt of any municipality, the state or any of its political subdivisions. In no event shall such bonds or other obligations give rise to general obligation or liability of the agency, the municipality, the state, or any of its political subdivisions, or give rise to a charge against their general credit or taxing powers, or be payable out of any funds or properties other than the special fund or funds of the agency pledged therefor; and such bonds and other obligations shall so state on their face. Such bonds and other obligations shall not constitute an indebtedness or the pledging of faith and credit within the meaning of any constitutional or statutory debt limitation or restriction.
History:
[50-2910, added 1988, ch. 210, sec. 10, p. 400.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 29 - LOCAL ECONOMIC DEVELOPMENT ACT › Section 50-2911 - LIMITATIONS ON REVIEW.

50-2911. LIMITATIONS ON REVIEW. (1) No direct or collateral action attacking or otherwise questioning the validity of any urban renewal plan, project or modification thereto (including one containing a revenue allocation provision), or the adoption or approval of such plan, project or modification, or any of the findings or determinations of the agency or the local governing body in connection with such plan, project or modification, shall be brought prior to the effective date of the ordinance adopting or modifying the plan. No direct or collateral action attacking or otherwise questioning the validity of bonds issued pursuant to section 50-2909, Idaho Code, shall be brought prior to the effective date of the resolution or ordinance authorizing such bonds.
(2) For a period of thirty (30) days after the effective date of the ordinance or resolution, any person in interest shall have the right to contest the legality of such ordinance, resolution or proceeding or any bonds which may be authorized thereby. No contest or proceeding to question the validity or legality of any ordinance, resolution or proceeding, or any bonds which may be authorized thereby, passed or adopted under the provisions of this chapter shall be brought in any court by any person for any cause whatsoever, after the expiration of thirty (30) days from the effective date of the ordinance, resolution or proceeding, and after such time the validity, legality and regularity of such ordinance, resolution or proceeding or any bonds authorized thereby shall be conclusively presumed. If the question of the validity of any adopted plan or bonds issued pursuant to this chapter is not raised within thirty (30) days from the effective date of the ordinance, resolution or proceeding issuing said bonds and fixing their terms, the authority of the plan, the authority adopting the plan, or the authority to issue the bonds, and the legality thereof, the same shall be conclusively presumed and no court shall thereafter have authority to inquire into such matters.
History:
[50-2911, added 1988, ch. 210, sec. 11, p. 400; am. 1990, ch. 430, sec. 5, p. 1193.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 29 - LOCAL ECONOMIC DEVELOPMENT ACT › Section 50-2912 - SEVERABILITY.

50-2912. SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.
History:
[50-2912, added 1988, ch. 210, sec. 12, p. 401.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 30 - IDAHO VIDEO SERVICE ACT › Section 50-3004 - PROVISION OF ACCESS TO VIDEO SERVICE WITHIN A CERTAIN PERIOD — SUSPENSION OF AUTHORITY FOR NONCOMPLIANCE WITH CERTAIN REQUIREMENTS.

50-3004. PROVISION OF ACCESS TO VIDEO SERVICE WITHIN A CERTAIN PERIOD — SUSPENSION OF AUTHORITY FOR NONCOMPLIANCE WITH CERTAIN REQUIREMENTS. (1) Not later than twenty-four (24) months after the date on which the secretary of state issues a certificate of franchise authority pursuant to section 50-3003, Idaho Code, the holder of the certificate must provide access to video service within the territorial boundaries of each service area identified in and authorized by the certificate of franchise authority.
(2) If a holder of a certificate of franchise authority does not provide access to video service to at least one (1) household within the territorial boundaries of a service area within twenty-four (24) months from the date the certificate of franchise authority authorized the provision of video service within the service area, the holder’s certificate of franchise authority shall be deemed to be revoked by operation of law as to such service area without the need for any notice, hearing or action by the secretary of state and such certificate of franchise authority shall not thereafter authorize the provision of video service within such service area by the holder of the certificate.
History:
[50-3004, added 2012, ch. 207, sec. 1, p. 556.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 30 - IDAHO VIDEO SERVICE ACT › Section 50-3005 - FEES.

50-3005. FEES. (1) In carrying out the provisions of this chapter, the secretary of state shall charge and collect the fees set forth in this section.
(2) The filing fee for accepting an application for a certificate of franchise authority shall be one thousand dollars ($1,000), which fee shall include issuance of a certificate of franchise authority by the secretary of state.
(3) The filing fee for accepting an amendment to a certificate of franchise authority or providing a notice required by this chapter shall be five hundred dollars ($500).
History:
[50-3005, added 2012, ch. 207, sec. 1, p. 556.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 30 - IDAHO VIDEO SERVICE ACT › Section 50-3008 - DISCRIMINATION AMONG POTENTIAL RESIDENTIAL SUBSCRIBERS PROHIBITED — VIOLATIONS.

50-3008. DISCRIMINATION AMONG POTENTIAL RESIDENTIAL SUBSCRIBERS PROHIBITED — VIOLATIONS. (1) A system operator shall not deny access to video service to any group of potential residential subscribers because of the income of the residents in the local area in which such group resides.
(2) For purposes of determining whether a system operator has violated the provisions of this section, cost, density, distance and technological or commercial limitations shall be taken into account. An alleged violation shall only be considered within the description of the service area set forth in a certificate of franchise authority. The inability to serve an end user because a holder of such certificate is prohibited from placing its own facilities in a building or property shall not be found to be a violation of the provisions of this section. The requirements of this subsection shall not be construed as authorizing any build-out requirements on a system operator.
(3) Any potential residential subscriber or group of residential subscribers who believes it is being denied access to services in violation of the provisions of this section may file a complaint with the governing authority of the political subdivision within the service area of the system operator in which the subscribers or potential subscribers reside. The complaint shall provide a clear statement of the facts and information upon which it bases the complaint. Upon receipt of any such complaint, the governing authority shall serve a copy of the complaint and supporting materials upon the subject system operator, and shall require the system operator to submit a written answer and other relevant information in response to the complaint within thirty (30) days from service of the complaint on the system operator. If the governing authority, after examination of the complaint and answer thereto, is not successful in informally resolving the dispute, the governing authority may require the system operator and the complainants to enter into mediation. Alternatively, either party may seek judicial determination of the issues. If a court finds that the holder of a certificate of franchise authority is denying access to video service to any group of potential residential subscribers because of the income level of the residents in the local area in which such group resides, the holder of a certificate of franchise authority shall provide access to video service to the affected group of potential subscribers within a reasonable period of time, as specified by the court, to cure such noncompliance.
History:
[50-3008, added 2012, ch. 207, sec. 1, p. 559.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 30 - IDAHO VIDEO SERVICE ACT › Section 50-3009 - CUSTOMER SERVICE STANDARDS.

50-3009. CUSTOMER SERVICE STANDARDS. A system operator shall comply with the customer service requirements as set forth in 47 CFR 76.309(c), as amended from time to time, and shall maintain a local or toll-free telephone number for customer service contact. A political subdivision may provide such assistance to subscribers as the political subdivision may deem appropriate to enforce the provisions of this section.
History:
[50-3009, added 2012, ch. 207, sec. 1, p. 560.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 30 - IDAHO VIDEO SERVICE ACT › Section 50-3011 - APPLICABILITY OF OTHER LAW.

50-3011. APPLICABILITY OF OTHER LAW. (1) The provisions of this chapter are intended to be construed to be consistent with the federal cable communications policy act of 1984, 47 U.S.C. sections 521 through 573.
(2) Except as otherwise stated herein, nothing in this chapter shall be interpreted to prevent an incumbent cable service provider, a nonincumbent video service provider, a system operator, a local unit of government or a franchising entity from entering into a negotiated franchise agreement with a political subdivision or seeking clarification of its rights and obligations under federal or state law or to exercise any right or authority under federal or state law.
(3) Nothing in this chapter shall be construed to limit, abrogate or supersede the provisions of titles 61 and 62, Idaho Code, regarding telecommunications service within the state of Idaho, nor to require a telephone corporation to obtain a certificate of franchise authority or local authorization pursuant to this chapter for the purpose of permitting or authorizing the telephone corporation to construct, upgrade, operate or maintain its telecommunications system to provide telecommunications service.
(4) No provision of this chapter shall diminish or otherwise limit the authority of this state, highway district or other local unit of government having jurisdiction over the public rights-of-way. Nothing in this chapter shall be construed to limit, abrogate or supersede the provisions of any applicable local ordinance or other regulation governing the use of the public rights-of-way.
History:
[50-3011, added 2012, ch. 207, sec. 1, p. 562.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 31 - COMMUNITY INFRASTRUCTURE DISTRICT ACT › Section 50-3101 - PURPOSE, RELATIONSHIP WITH OTHER LAWS AND SHORT TITLE.

50-3101. PURPOSE, RELATIONSHIP WITH OTHER LAWS AND SHORT TITLE. (1) The purpose of this chapter is:
(a) To encourage the funding and construction of regional community infrastructure in advance of actual developmental growth that creates the need for such additional infrastructure;
(b) To provide a means for the advance payment of development impact fees established in chapter 82, title 67, Idaho Code, and the community infrastructure that may be financed thereby; and
(c) To create additional financial tools and financing mechanisms that allow new growth to more expediently pay for itself.
(2) Only community infrastructure to be publicly owned by this state or a political subdivision thereof may be financed pursuant to this chapter.
(3) A community infrastructure district may only be formed pursuant to this chapter by a city in the city’s incorporated area, or by a county in an area contained within a city’s comprehensive plan with the city’s consent.
(4) A community infrastructure district may be formed only after (i) prior review and approval by the governing body of each county or city in which the district is proposed to be located of a petition requesting the formation of the district, and (ii) the necessary approvals for site development under the local land use planning act, sections 67-6501 et seq., Idaho Code, and the planning and zoning ordinances of each county and city in which the district is proposed to be located have been obtained; provided however, that where there will be phased development, approvals obtained for the first phase of site development shall be sufficient for the initial creation and organization of the district. The formation of a district pursuant to this chapter shall not prevent the exercise by a county, city or other political subdivision of any of its powers on the same basis as on all other land within its jurisdiction. Notwithstanding the formation of a district, the development of real property located within the district shall remain subject to the provisions of chapter 65, title 67, Idaho Code, and the applicable planning and zoning ordinances of the counties and cities in which the district is located. The formation of a district pursuant to this chapter shall not prevent the subsequent establishment of other districts or the improvement or assessment of land within the district by a county, city or other political subdivision.
(5) This chapter shall be known and cited as the "Community Infrastructure District Act."
History:
[50-3101, added 2008, ch. 410, sec. 1, p. 1140.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 31 - COMMUNITY INFRASTRUCTURE DISTRICT ACT › Section 50-3106 - CHANGE IN DISTRICT BOUNDARIES — AMEND GENERAL PLAN.

50-3106. CHANGE IN DISTRICT BOUNDARIES — AMEND GENERAL PLAN. (1) After district formation, an area may be deleted from the district only following notice and hearing in the manner prescribed for the formation hearing, adoption of a resolution of intention to do so by the district board, and by voter approval by the qualified electors as provided in section 50-3112, Idaho Code. Lands within the district that are subject to the lien of property taxes, special assessments or other charges imposed pursuant to this chapter shall not be deleted from the district while there are bonds outstanding that are payable by such taxes, assessments or charges.
(2) After district formation, an area may be added to the district upon adoption of a resolution of intention to do so by the district board and the approvals of all the owners of the lands to be added and the governing body of each county or city within which such lands are located, subject to notice, hearing and adoption of a resolution in the manner as required for the formation of a district.
(3) If an area is deleted or added under subsection (1) or (2) of this section, the district board shall attend to the recording and filing requirements set forth in section 63-215, Idaho Code, and shall also cause a copy of the applicable resolution to be delivered to the county assessor of each county in which the district is located, cause a copy of the applicable resolution to be recorded with the county clerk in each county in which the district is located, and cause a copy of the applicable resolution to be filed with the state tax commission.
(4) The district board, following notice and hearing in the manner prescribed for the formation hearing, may amend the general plan in any manner that it determines will not substantially reduce the benefits to be received by any land within the district from the community infrastructure upon completion of the work to be performed under the general plan. No election shall be required for the purposes of this subsection.
History:
[50-3106, added 2008, ch. 410, sec. 1, p. 1147.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 31 - COMMUNITY INFRASTRUCTURE DISTRICT ACT › Section 50-3107 - FINANCES.

50-3107. FINANCES. (1) Only community infrastructure to be publicly owned by this state or a political subdivision thereof may be financed pursuant to this chapter.
(2) Community infrastructure to be financed or acquired, or publicly or privately constructed pursuant to this chapter shall be subject to the required bidding procedures for any Idaho public agency.
(3) Community infrastructure shown in the general plan may be financed from the following sources of revenue:
(a) Proceeds received from the sale of bonds of the district;
(b) Moneys of a county or city contributed to the district;
(c) Property taxes or special assessments;
(d) State or federal grants or contributions;
(e) Private contributions;
(f) User, landowner and other fees and charges;
(g) Proceeds of loans or advances; and
(h) Any other moneys available to the district by law.
(4) The amount of indebtedness evidenced by general obligation bonds issued pursuant to section 50-3108, Idaho Code, special assessment bonds issued pursuant to section 50-3109, Idaho Code, and revenue bonds issued pursuant to section 50-3110, Idaho Code, shall not exceed the estimated cost of the community infrastructure to be financed with such bonds, plus all costs connected with the issuance and sale of such bonds, including formation costs, credit enhancement and liquidity support fees and costs. The total aggregate outstanding principal amount of general obligation bonds and other indebtedness for which the full faith and credit of the district are pledged shall not affect the general obligation bonding capacity of any county or city in which the district is located.
(5) Bonds issued by a district shall not be a general obligation of this state or any political subdivision thereof, including any county or city in which the district is located and shall not pledge the full faith and credit of this state or any political subdivision thereof, including any county or city in which the district is located.
History:
[50-3107, added 2008, ch. 410, sec. 1, p. 1148.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 31 - COMMUNITY INFRASTRUCTURE DISTRICT ACT › Section 50-3111 - TERMS OF BONDS.

50-3111. TERMS OF BONDS. For any bonds issued under this chapter, the district board shall prescribe the denominations of the bonds, the principal amount of each issue and the form of the bonds and shall establish the maturities, which shall not exceed thirty (30) years, interest payment dates and interest rates, whether fixed or variable, not exceeding the maximum rate stated in the notice of the election or the resolution of the district board. The bonds, up to the aggregate authorized principal amount thereof, may be issued in whole or divided into series, and by supplementary resolution adopted from time to time by the district board, the district may issue any remaining principal amount of the bonds in one (1) or more subsequent divisions. No election shall be required in connection with the issuance of any remaining principal amount of the bonds in a subsequent division. The bonds may be sold by competitive bid or negotiated sale for public or private offering at, below or above par. The proceeds of the bonds shall be deposited with the treasurer, or with a trustee or agent designated by the district board, to the credit of the district to be withdrawn for the purposes provided by this chapter. Pending that use, the proceeds may be invested as determined by the district board. The bonds shall be made payable as to both principal and interest solely from revenues of the district, and shall specify the revenues pledged for such purposes, and shall contain such other terms, conditions, covenants and agreements as the district board deems proper. The bonds may be payable from any combination of taxes or revenues of the types described in sections 50-3108, 50-3109 and 50-3110, Idaho Code.
History:
[50-3111, added 2008, ch. 410, sec. 1, p. 1154.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 31 - COMMUNITY INFRASTRUCTURE DISTRICT ACT › Section 50-3113 - COST OF ADMINISTRATION.

50-3113. COST OF ADMINISTRATION. Each year, prior to the time for the certification required under section 50-3114, Idaho Code, the district board may levy a tax upon all taxable real property within the district of up to one-hundredth of one percent (.01%) of the market value for assessment purposes on all taxable real property within the district, to be used only to reimburse or defray the administrative expenses of the district pursuant to a district development agreement. No election shall be required. The levy shall be made by resolution entered upon the minutes of the district board, and it shall be the duty of the clerk of the district, immediately after entry of the resolution in the minutes, to transmit to the board of county commissioners in each county in which the district is located, the certification required under section 50-3114, Idaho Code. Such tax shall then be collected and accounted for at the time and in the form and manner as other taxes are collected and accounted for under the laws of this state.
History:
[50-3113, added 2008, ch. 410, sec. 1, p. 1157.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 31 - COMMUNITY INFRASTRUCTURE DISTRICT ACT › Section 50-3115 - DISCLOSURE.

50-3115. DISCLOSURE. (1) The district board shall record with the county clerk in each county in which the district is located, upon the records of each parcel of real property within the district that will be encumbered with any future general obligation bond or special assessment bond repayment liability, a notice setting forth:
(a) The current obligation of a property owner within the district with respect to any bond repayment liability;
(b) That the obligation to retire the bonds will be the responsibility of any property owner in the district through the payment of real property taxes and special assessments collected by the county treasurer in addition to all other property tax payments;
(c) The estimated maximum tax or special assessment rate upon the parcel for bond repayment;
(d) Whether the tax or special assessment rate is to be maintained at any level by means of any developer agreement with the district; and
(e) That in the event of the failure to maintain the tax rate, the tax rate on a parcel will increase, as needed, to provide for bond repayment.
(2) Such notice may be separately recorded or included in a recorded district development agreement. The governing body, in its resolution approving formation of the district, shall require that a form disclosure, consistent with the foregoing, be signed and acknowledged by any purchaser of land within the district prior to purchase. The form disclosure shall be entitled "CID TAX AND SPECIAL ASSESSMENT DISCLOSURE NOTICE" and shall specifically and conspicuously set forth "YOU ARE PURCHASING REAL PROPERTY THAT IS INCLUDED WITHIN THE BOUNDARIES OF A COMMUNITY INFRASTRUCTURE DISTRICT." Further, the notice shall set forth such other notifications as determined appropriate by the district board that shall fully and fairly disclose the property owner’s general obligation bond and special assessment repayment liability with examples provided.
History:
[50-3115, added 2008, ch. 410, sec. 1, p. 1158.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 31 - COMMUNITY INFRASTRUCTURE DISTRICT ACT › Section 50-3116 - DISSOLUTION OF DISTRICT.

50-3116. DISSOLUTION OF DISTRICT. (1) The district shall be dissolved by the district board by a resolution of the district board upon a determination that each of the following conditions exist:
(a) All community infrastructure owned by the district has been, or provision has been made for all community infrastructure to be conveyed, either to the state of Idaho or to a political subdivision thereof, which shall include a county or city in which the district is located, or to a public district or other authority authorized by the laws of this state to own such community infrastructure;
(b) The district has no outstanding bond obligations; and
(c) All obligations of the district pursuant to any contracts or agreements entered into by the district have been satisfied.
(2) All property within the district that is subject to the lien of district taxes or special assessments shall remain subject to the lien for the payment of general obligation bonds or special assessment bonds, as the case may be, notwithstanding dissolution of the district. The district shall not be dissolved if any revenue bonds of the district remain outstanding unless an amount of money sufficient, together with investment income thereon, to make all payments due on the revenue bonds, either at maturity or prior redemption, has been deposited with a trustee or escrow agent and pledged to the payment and redemption of the bonds. The district may continue to operate after dissolution only as needed to collect money and make payments on any outstanding bonds.
(3) The district shall send a notice of dissolution to the governing body or bodies, the county assessor of each county in which the district is located, and the state tax commission. The district shall also record a notice of dissolution with the county clerk in each county in which the district is located.
(4) Subject to the foregoing provisions of this section, if upon dissolution of the district there remain any excess moneys of the district, the district board shall, by resolution, cause the same to be fairly distributed among the current taxpayers of the district. If, as determined in the sole discretion of the district board, the amount to be distributed is de minimis, or the administrative cost of distribution is prohibitive, such remaining moneys shall be paid to the county treasurer of each county in which the district is located to be distributed among the cities and counties in which the district is located in proportion to which said cities and counties receive property tax revenues generally.
History:
[50-3116, added 2008, ch. 410, sec. 1, p. 1159.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 31 - COMMUNITY INFRASTRUCTURE DISTRICT ACT › Section 50-3117 - EXEMPTIONS AND EXCLUSIONS.

50-3117. EXEMPTIONS AND EXCLUSIONS. (1) All public utilities, as defined in section 61-129, Idaho Code, shall be exempt from taxation under this chapter.
(2) No railroad right-of-way may be included within a community infrastructure district without the consent of the railroad.
(3) No personal property within a community infrastructure district shall be subject to taxation under this chapter.
History:
[50-3117, added 2008, ch. 410, sec. 1, p. 1159.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 31 - COMMUNITY INFRASTRUCTURE DISTRICT ACT › Section 50-3118 - LIMITATION OF LIABILITY.

50-3118. LIMITATION OF LIABILITY. Neither any member of the district board nor any person acting on behalf of the district, while acting within the scope of his or her authority, shall be subject to any personal liability for any action taken or omitted within that scope of authority.
History:
[50-3118, added 2008, ch. 410, sec. 1, p. 1160.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 31 - COMMUNITY INFRASTRUCTURE DISTRICT ACT › Section 50-3119 - APPEAL — EXCLUSIVE REMEDY — CONCLUSIVENESS.

50-3119. APPEAL — EXCLUSIVE REMEDY — CONCLUSIVENESS. Any person in interest who feels aggrieved by the final decision of a governing body or a district board in the formation or governing of a district, including, with respect to any tax levy, special assessment or bond, may, within sixty (60) days after such final decision, seek judicial review by filing a written notice of appeal with the clerk of the district and with the clerk of the district court for the judicial district in which a majority of the land area of the district is located. After said sixty (60) day period has run, no one shall have any cause or right of action to contest the legality, formality or regularity of said decision for any reason whatsoever and, thereafter, said decision shall be considered valid and uncontestable and the validity, legality and regularity of any such decision shall be conclusively presumed. With regard to the foregoing, if the question of validity of any bonds issued pursuant to this chapter is not raised on appeal as aforesaid, the authority to issue the bonds, the legality thereof and of the levies or assessments necessary to pay the same shall be conclusively presumed and no court shall thereafter have authority to inquire into such matters.
History:
[50-3119, added 2008, ch. 410, sec. 1, p. 1160; am. 2012, ch. 324, sec. 6, p. 893.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 31 - COMMUNITY INFRASTRUCTURE DISTRICT ACT › Section 50-3120 - CONSISTENCY WITH STATE LAW.

50-3120. CONSISTENCY WITH STATE LAW. (1) A community infrastructure district shall develop community infrastructure consistent with the general plan and in compliance with the requirements of chapter 13, title 50, Idaho Code, and chapter 65, title 67, Idaho Code.
(2) A community infrastructure district shall be deemed to be of the same nature and afforded the same treatment as a local improvement district for purposes of application of section 58-336, Idaho Code, relating to lands benefitting by such district; section 67-8209, Idaho Code, authorizing development impact fee credits; and section 67-8214, Idaho Code, providing that other powers and rights of governmental entities are not affected.
History:
[50-3120, added 2008, ch. 410, sec. 1, p. 1160.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 31 - COMMUNITY INFRASTRUCTURE DISTRICT ACT › Section 50-3121 - SEVERABILITY.

50-3121. SEVERABILITY. The provisions of this chapter are hereby declared to be severable and if any provision or the application of the provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this chapter.
History:
[50-3121, added 2008, ch. 410, sec. 1, p. 1160.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-101 - SHORT TITLE.

51-101. SHORT TITLE. This chapter shall be known and may be cited as the "Revised Uniform Law on Notarial Acts (2018)."
History:
[51-101, added 2017, ch. 192, sec. 3, p. 441; am. 2019, ch. 160, sec. 2, p. 521.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-103 - APPLICABILITY.

51-103. APPLICABILITY. This chapter applies to a notarial act performed on or after the effective date of this act.
History:
[51-103, added 2017, ch. 192, sec. 3, p. 442.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-104 - AUTHORITY TO PERFORM NOTARIAL ACT.

51-104. AUTHORITY TO PERFORM NOTARIAL ACT. (1) A notarial officer may perform a notarial act authorized by this chapter or by law of this state other than this chapter.
(2) A notary public may not perform a notarial act with respect to a record to which the notary public or the notary public’s spouse is a party, or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable.
(3) A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record.
History:
[51-104, added 2017, ch. 192, sec. 3, p. 442; am. 2019, ch. 160, sec. 3, p. 521.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-105 - REQUIREMENTS FOR CERTAIN NOTARIAL ACTS.

51-105. REQUIREMENTS FOR CERTAIN NOTARIAL ACTS. (1) A notary public who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notary public and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.
(2) A notary public who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notary public and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.
(3) A notary public who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notary public and signing the record has the identity claimed.
(4) A notary public who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true and accurate transcription or reproduction of the record or item.
(5) A notary public who makes or notes a protest of a negotiable instrument shall determine the matters set forth in section 28-3-505(2), Idaho Code.
History:
[51-105, added 2017, ch. 192, sec. 3, p. 443.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-106 - PERSONAL APPEARANCE REQUIRED.

51-106. PERSONAL APPEARANCE REQUIRED. If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notary public.
History:
[51-106, added 2017, ch. 192, sec. 3, p. 443.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-107 - IDENTIFICATION OF INDIVIDUAL.

51-107. IDENTIFICATION OF INDIVIDUAL. (1) A notary public has personal knowledge of the identity of an individual appearing before the notary public if the individual is personally known to the notary public through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.
(2) A notary public has satisfactory evidence of the identity of an individual appearing before the notary public if the notary public can identify the individual:
(a) By means of:
(i) A passport, driver’s license or government-issued nondriver identification card that is current or expired not more than three (3) years before performance of the notarial act; or
(ii) Another form of government identification issued to an individual that is current or expired not more than three (3) years before performance of the notarial act, that contains the signature or a photograph of the individual, and that is satisfactory to the notary public; or
(b) By a verification on oath or affirmation of a credible witness personally appearing before the notary public and known to the notary public or whom the notary public can identify on the basis of a passport, driver’s license or government-issued nondriver identification card that is current or expired not more than three (3) years before performance of the notarial act.
(3) A notary public may require an individual to provide additional information or identification credentials necessary to assure the notary public of the identity of the individual.
History:
[51-107, added 2017, ch. 192, sec. 3, p. 443.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-108 - AUTHORITY TO REFUSE TO PERFORM NOTARIAL ACT.

51-108. AUTHORITY TO REFUSE TO PERFORM NOTARIAL ACT. (1) A notary public may refuse to perform a notarial act if the notary public is not satisfied that:
(a) The individual executing the record is competent or has the capacity to execute the record; or
(b) The individual’s signature is knowingly and voluntarily made.
(2) A notary public may refuse to perform a notarial act unless refusal is prohibited by law other than this chapter.
History:
[51-108, added 2017, ch. 192, sec. 3, p. 443.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-109 - SIGNATURE IF INDIVIDUAL UNABLE TO SIGN.

51-109. SIGNATURE IF INDIVIDUAL UNABLE TO SIGN. If an individual is physically unable to sign a record, the individual may direct an individual other than the notary public to sign the individual’s name on the record. The notary public shall insert "Signature affixed by (name of other individual) at the direction of (name of individual)" or words of similar import.
History:
[51-109, added 2017, ch. 192, sec. 3, p. 444.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-110 - NOTARIAL ACT IN THIS STATE.

51-110. NOTARIAL ACT IN THIS STATE. (1) A notarial act may be performed in this state by:
(a) A notary public of this state; or
(b) Any other individual authorized to perform the specific act by the law of this state.
(2) The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(3) The signature and title of a notary public described in subsection (1)(a) or (b) of this section conclusively establish the authority of the officer to perform the notarial act.
History:
[51-110, added 2017, ch. 192, sec. 3, p. 444.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-111 - NOTARIAL ACT IN ANOTHER STATE.

51-111. NOTARIAL ACT IN ANOTHER STATE. (1) A notarial act performed in another state has the same effect under the law of this state as if performed by a notary public of this state if the act performed in that state is performed by:
(a) A notary public of that state;
(b) A judge, clerk or deputy clerk of a court of that state; or
(c) Any other individual authorized by the law of that state to perform the notarial act.
(2) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(3) The signature and title of a notarial officer described in subsection (1)(a) or (b) of this section conclusively establish the authority of the officer to perform the notarial act.
History:
[51-111, added 2017, ch. 192, sec. 3, p. 444.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-112 - NOTARIAL ACT UNDER AUTHORITY OF FEDERALLY RECOGNIZED INDIAN TRIBE.

51-112. NOTARIAL ACT UNDER AUTHORITY OF FEDERALLY RECOGNIZED INDIAN TRIBE. (1) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notary public of this state if the act performed in the jurisdiction of the tribe is performed by:
(a) A notary public of the tribe; or
(b) Any other individual authorized by the law of the tribe to perform the notarial act.
(2) The signature and title of an individual performing a notarial act under the authority and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(3) The signature and title of a notarial officer described in subsection (1)(a) or (b) of this section conclusively establish the authority of the officer to perform the notarial act.
History:
[51-112, added 2017, ch. 192, sec. 3, p. 444.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-113 - NOTARIAL ACT UNDER FEDERAL AUTHORITY.

51-113. NOTARIAL ACT UNDER FEDERAL AUTHORITY. (1) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notary public of this state if the act performed under federal law is performed by:
(a) A judge, clerk or deputy clerk of a court;
(b) An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;
(c) An individual designated as a notarizing officer by the United States department of state for performing notarial acts overseas; or
(d) Any other individual authorized by federal law to perform the notarial act.
(2) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(3) The signature and title of an officer described in subsection (1)(a), (b) or (c) of this section conclusively establish the authority of the officer to perform the notarial act.
History:
[51-113, added 2017, ch. 192, sec. 3, p. 444.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-114 - FOREIGN NOTARIAL ACT.

51-114. FOREIGN NOTARIAL ACT. (1) As used in this section, "foreign state" means a government other than the United States, a state or a federally recognized Indian tribe.
(2) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notary public of this state.
(3) If the title of office and indication of authority to perform notarial acts in a foreign state appear in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
(4) The signature and official stamp of an individual holding an office described in subsection (3) of this section are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(5) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
(6) A consular authentication issued by an individual designated by the United States department of state as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
History:
[51-114, added 2017, ch. 192, sec. 3, p. 445.]