reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 13 - PLATS AND VACATIONS › Section 50-1321 - NECESSITY FOR CONSENT OF ADJOINING OWNERS — ACKNOWLEDGMENT AND FILING OF CONSENT — LIMITATION ON RULE — PREREQUISITES TO ORDER OF VACATION.

50-1321. NECESSITY FOR CONSENT OF ADJOINING OWNERS — ACKNOWLEDGMENT AND FILING OF CONSENT — LIMITATION ON RULE — PREREQUISITES TO ORDER OF VACATION. No vacation of a public street, public right-of-way or any part thereof having been duly accepted and recorded as part of a plat or subdivided tract shall take place unless the consent of the adjoining owners be obtained in writing and delivered to the public highway agency having jurisdiction over said public street or public right-of-way. Such public street or public right-of-way may, nevertheless, be vacated without such consent of the owners of the property abutting upon such public street or public right of way when such public street or public right-of-way has not been opened or used by the public for a period of five (5) years and when such nonconsenting owner or owners have access to the property from some other public street, public right-of-way or private road. However, before such order of vacation can be entered, it must appear to the satisfaction of the public highway agency that the owner or owners of the property abutting said public street or public right-of-way have been served with notice of the proposed abandonment in the same manner and for the same time as is now or may hereafter be provided for the service of the summons in an action at law. Any vacation of lands within one (1) mile of a city shall require written notification to the city by regular mail at least thirty (30) days prior to the vacation.
History:
[50-1321, added 1967, ch. 429, sec. 239, p. 1249; am. 1992, ch. 262, sec. 8, p. 782; am. 2014, ch. 21, sec. 2, p. 28; am. 2015, ch. 244, sec. 31, p. 1024.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 13 - PLATS AND VACATIONS › Section 50-1322 - APPEAL FROM ORDER GRANTING OR DENYING APPLICATION TO VACATE.

50-1322. APPEAL FROM ORDER GRANTING OR DENYING APPLICATION TO VACATE. Whenever the governing body shall grant the application, or refuse the application of any person or persons, made as provided for the vacation of any lot, tract, street, common, plat or any part thereof, an appeal may be taken from any act, order or proceeding of the board made or had pursuant to by any person aggrieved thereby within twenty (20) days after the first publication or posting of the statement as required by section 31-819, Idaho Code. Procedure upon such appeal shall be in all respects the same as prescribed in sections 31-1510, 31-1511 and 31-1515, Idaho Code.
History:
[50-1322, added 1967, ch. 429, sec. 240, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 13 - PLATS AND VACATIONS › Section 50-1323 - LIMITATION OF ACTIONS TO ESTABLISH ADVERSE RIGHTS OR QUESTION VALIDITY OF VACATION.

50-1323. LIMITATION OF ACTIONS TO ESTABLISH ADVERSE RIGHTS OR QUESTION VALIDITY OF VACATION. Every action brought to establish adverse rights or interests in the affected property or to determine the invalidity of any action by which any lot, tract, street, common, plat or any part thereof has been vacated must be brought within six (6) months after the effective date of this act or within six (6) months after a certified copy of the ordinance, resolution or order of vacation has been filed for record in the office of the county recorder of the county in which the affected property is located. Any person, firm or corporation having any objection thereto may bring such action.
History:
[50-1323, added 1967, ch. 429, sec. 241, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 13 - PLATS AND VACATIONS › Section 50-1324 - RECORDING VACATIONS.

50-1324. RECORDING VACATIONS. (1) Before a vacation of a plat can be recorded, the county treasurer must certify that all taxes due are paid and such certification is recorded as part of the records of the vacation. The treasurer shall withhold the certification only when property taxes are due, but not paid.
(2) Upon payment of the appropriate fee therefor, the county recorder of each county shall index and record, in the same manner as other instruments affecting the title to real property, a certified copy of each ordinance, resolution or order by which any lot, tract, public street, public right of way, private road, easement, common, plat or any part thereof has been vacated. Such certification shall be by the officer having custody of the original document and shall certify that the copy is a full, true and correct copy of the original.
History:
[50-1324, added 1967, ch. 429, sec. 242, p. 1249; am. 1992, ch. 262, sec. 9, p. 783; am. 1994, ch. 79, sec. 1, p. 181.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 13 - PLATS AND VACATIONS › Section 50-1325 - EASEMENTS — VACATION OF.

50-1325. EASEMENTS — VACATION OF. Easements shall be vacated in the same manner as streets.
History:
[50-1325, added 1967, ch. 429, sec. 243, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 13 - PLATS AND VACATIONS › Section 50-1326 - ALL PLATS TO BEAR A SANITARY RESTRICTION — SUBMISSION OF PLANS AND SPECIFICATIONS OF WATER AND SEWAGE SYSTEMS TO STATE DEPARTMENT OF ENVIRONMENTAL QUALITY — REMOVAL OR REIMPOSITION OF SANITARY RESTRICTION.

50-1326. ALL PLATS TO BEAR A SANITARY RESTRICTION — SUBMISSION OF PLANS AND SPECIFICATIONS OF WATER AND SEWAGE SYSTEMS TO STATE DEPARTMENT OF ENVIRONMENTAL QUALITY — REMOVAL OR REIMPOSITION OF SANITARY RESTRICTION. For the purposes of sections 50-1326 through 50-1329, Idaho Code, any plat of a subdivision filed in accordance with chapter 13, title 50, Idaho Code, or in accordance with county ordinances adopted pursuant to chapter 38, title 31, Idaho Code, shall be subject to the sanitary restriction. There shall be placed upon the face of every plat prior to it being recorded by the county clerk and recorder, the sanitary restriction, except such sanitary restriction may be omitted from the plat, or if it appears on the plat, may be indorsed by the county clerk and recorder as sanitary restriction satisfied, when there is recorded at the time of the filing of the plat, or at any time subsequent thereto, a duly acknowledged certificate of approval issued by the director of the department of environmental quality, for either public water and/or public sewer facilities, or individual water and/or sewage facilities for the particular land. The owner shall have the obligation of submitting to the director all information necessary concerning the proposed facilities referred to. Such certificate of approval may be issued for the subdivision or any portion thereof. Until the sanitary restrictions have been satisfied by the filing of said certificate of approval, no owner shall construct any building or shelter on said premises which necessitates the supplying of water or sewage facilities for persons using such premises. The sanitary restrictions shall be reimposed on the plat upon the issuance of a certificate of disapproval after notice to the responsible party and an opportunity to appeal, if construction is not in compliance with approved plans and specifications, or the facilities do not substantially comply with regulatory standards in effect at the time of facility construction.
History:
[50-1326, as added by 1971, ch. 329, sec. 2, p. 1294; am. 1989, ch. 233, sec. 1, p. 569; am. 2001, ch. 103, sec. 90, p. 331.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 13 - PLATS AND VACATIONS › Section 50-1327 - FILING OR RECORDING OF NONCOMPLYING MAP OR PLAT PROHIBITED.

50-1327. FILING OR RECORDING OF NONCOMPLYING MAP OR PLAT PROHIBITED. No person shall offer for recording, or cause to be recorded, a plat not containing a sanitary restriction, unless there is submitted for record at the same time the certificate of approval from the director of the department of environmental quality as required in section 50-1326, Idaho Code. The filing and recording of a noncomplying plat shall in no way invalidate a title conveyed thereunder.
History:
[50-1327, as added by 1971, ch. 329, sec. 3, p. 1294; am. 1989, ch. 102, sec. 3, p. 236; am. 1989, ch. 233, sec. 2, p. 570; am. 2001, ch. 103, sec. 91, p. 332.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 13 - PLATS AND VACATIONS › Section 50-1328 - RULES FOR THE ADMINISTRATION AND ENFORCEMENT OF SANITARY RESTRICTION.

50-1328. RULES FOR THE ADMINISTRATION AND ENFORCEMENT OF SANITARY RESTRICTION. The state board of environmental quality may adopt rules pursuant to section 39-107(8), Idaho Code, including adoption of sanitary standards necessary for administration and enforcement, pursuant to section 39-108, Idaho Code, of sections 50-1326 through 50-1329, Idaho Code. The rules and standards shall provide the basis for approving subdivision plats for various types of water and sewage facilities, both public and individual, and may be related to size of lots, contour of land, porosity of soil, ground water level, pollution of water, type of construction of water and sewage facilities, and other factors for the protection of the public health or the environment.
History:
[50-1328, as added by 1971, ch. 329, sec. 4, p. 1294; am. 1989, ch. 233, sec. 3, p. 570; am. 2001, ch. 103, sec. 92, p. 332.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 13 - PLATS AND VACATIONS › Section 50-1329 - VIOLATION A MISDEMEANOR.

50-1329. VIOLATION A MISDEMEANOR. Any person, firm or corporation who constructs, or causes to be constructed, a building or shelter prior to the satisfaction of the sanitary restriction, or who installs or causes to be installed water and sewer facilities thereon prior to the issuance of a certificate of approval by the director of the department of environmental quality, shall be guilty of a misdemeanor. Each and every day that such activities are carried on in violation of this section shall constitute a separate and distinct offense.
History:
[50-1329, as added by 1971, ch. 329, sec. 5, p. 1294; am. 1989, ch. 233, sec. 4, p. 571; am. 2001, ch. 103, sec. 93, p. 332.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 13 - PLATS AND VACATIONS › Section 50-1330 - JURISDICTION OF PUBLIC STREETS AND PUBLIC RIGHTS OF WAY WITHIN A HIGHWAY DISTRICT.

50-1330. JURISDICTION OF PUBLIC STREETS AND PUBLIC RIGHTS OF WAY WITHIN A HIGHWAY DISTRICT. In a county with highway districts, the highway district board of commissioners in such district shall have exclusive general supervisory authority over all public streets and public rights of way under their jurisdiction within their district, excluding public streets and public rights of way located inside of an incorporated city that has a functioning street department, with full power to establish design standards, establish use standards and regulations in accordance with the provisions of title 49, Idaho Code, accept, create, open, widen, extend, relocate, realign, control access to or vacate said public streets and public rights of way. Provided, however, when said public street or public right of way lies within one (1) mile of a city, or the established county/city impact area or adjacent to a platted area within one (1) mile of a city or the established county/city impact area, consent of the city council of the affected city shall be necessary prior to the granting of acceptance or vacation of said public street or public right of way by the highway district board of commissioners.
History:
[50-1330, added 1983, ch. 233, sec. 1, p. 637; am. 1992, ch. 262, sec. 10, p. 783.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 13 - PLATS AND VACATIONS › Section 50-1331 - SETTING OF INTERIOR MONUMENTS FOR A SUBDIVISION.

50-1331. SETTING OF INTERIOR MONUMENTS FOR A SUBDIVISION. Interior monuments for a subdivision need not be set prior to the recording of the plat of the subdivision if the land surveyor performing the survey work certifies that the interior monuments will be set on or before a specified date as provided in subsection (1) of section 50-1333, Idaho Code, and if the person subdividing the land furnishes to the governing body of the county or city which approved the subdivision, a bond or cash deposit guaranteeing the payment of the cost of setting the interior monuments for the subdivision, as provided in section 50-1332, Idaho Code.
History:
[50-1331, added 1987, ch. 227, sec. 1, p. 482.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 13 - PLATS AND VACATIONS › Section 50-1333 - RECORDING OF PLATS WITH ONLY EXTERIOR MONUMENTS REFERENCED.

50-1333. RECORDING OF PLATS WITH ONLY EXTERIOR MONUMENTS REFERENCED. (1) If the person subdividing any land has complied with subsection (1) of section 50-1332, Idaho Code, the professional land surveyor may prepare the plat of the subdivision for recording with only the exterior monuments set thereon when submitted for recording. There shall be a certification on the plat by the professional land surveyor that the interior monuments for the subdivision will be set in accordance with section 50-1303, Idaho Code, on or before a specified date and the said interior monuments will be referenced on the plat with a unique symbol. The time for setting the interior monuments shall not exceed one (1) calendar year from the date the plat is recorded or as determined by the governing body of such city or county.
(2) After the interior monuments for a subdivision have been set as provided in the certification required on the plat in subsection (1) of this section, the professional land surveyor performing such work shall, within five (5) days after completion of such work, give written notice to the person subdividing the land involved, the surveyor or engineer of the city or county by which the subdivision was approved and the governing body of such city or county.
(3) In the event that the person subdividing the land involved fails or refuses to authorize the payment for interior monumentation, the professional land surveyor may request payment from the governing body, and upon inspection by the governing body of the interior monumentation, the governing body shall pay the professional land surveyor from moneys held.
History:
[50-1333, added 1987, ch. 227, sec. 1, p. 483; am. 1997, ch. 190, sec. 12, p. 525.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 13 - PLATS AND VACATIONS › Section 50-1334 - REVIEW OF WATER SYSTEMS ENCOMPASSED BY PLATS.

50-1334. REVIEW OF WATER SYSTEMS ENCOMPASSED BY PLATS. Whenever any plat is subject to the terms and requirements of sections 50-1326 through 50-1329, Idaho Code, no person shall offer for recording, or cause to be recorded, a plat unless he or she shall have certified that at least one (1) of the following is the case:
(1) The individual lots described in the plat will not be served by any water system common to one (1) or more of the lots, but will be served by individual wells.
(2) All of the lots in the plat will be eligible to receive water service from an existing water system, be the water system municipal, a water district, a public utility subject to the regulation of the Idaho public utilities commission, or a mutual or nonprofit water company, and the existing water distribution system has agreed in writing to serve all of the lots in the subdivision.
(3) If a new water system will come into being to serve the subdivision, that it has or will have sufficient contributed capital to allow the water system’s wells, springboxes, reservoirs and mains to be constructed to provide service without further connection charges or fees to the landowners of the lots, except for connection of laterals, meters or other plant exclusively for the lot owner’s own use.
Failure to comply with this section is a misdemeanor subject to the provisions of section 50-1329, Idaho Code. The certification must be filed or recorded as part of the plat document preserved for public inspection. Property owners in the area encompassed by the plat will be entitled to the benefits of the third provision of this section when that option is chosen.
History:
[50-1334, added 1990, ch. 178, sec. 1, p. 377.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 14 - CONVEYANCE OF PROPERTY › Section 50-1401 - REAL PROPERTY OWNED BY CITIES — METHOD OF CONVEYANCE OR EXCHANGE.

50-1401. REAL PROPERTY OWNED BY CITIES — METHOD OF CONVEYANCE OR EXCHANGE. It is the intent of this chapter that cities of the state of Idaho shall have general authority to manage real property owned by the city in ways which the judgment of the city council of each city deems to be in the public interest. The city council shall have the power to sell, exchange or convey, by good and sufficient deed or other appropriate instrument in writing, any real property owned by the city which is underutilized or which is not used for public purposes.
History:
[50-1401, added 1967, ch. 429, sec. 244, p. 1249; am. 2001, ch. 331, sec. 1, p. 1161.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 14 - CONVEYANCE OF PROPERTY › Section 50-1402 - DECLARATION OF VALUE OF PROPERTY.

50-1402. DECLARATION OF VALUE OF PROPERTY. Whenever the city council proposes to convey, exchange or offer for sale any real property, it shall first declare the value or minimum price, if any, it intends to receive as a result of such conveyance or exchange. The city council may contract for or provide that the property be appraised under such terms and conditions as may be deemed appropriate by the city council. The declaration, either in the form of a minimum dollar value, or an explanation of an intended exchange or conveyance for other than monetary consideration shall be made on the record at a public meeting of the council. The city council may also declare that the subject property will be offered for sale without establishing a minimum price.
Following a declaration of intent to sell or exchange real property, the clerk of the city shall publish a summary of the action taken by the city council in the official newspaper of the city and provide notice of a public hearing before the city council. Notice of the public hearing concerning the proposed exchange or conveyance shall be published in the official newspaper of the city at least fourteen (14) days prior to the date of the hearing.
History:
[50-1402, added 1967, ch. 429, sec. 245, p. 1249; am. 2001, ch. 331, sec. 2, p. 1162.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 14 - CONVEYANCE OF PROPERTY › Section 50-1403 - DISPOSITION AFTER HEARING.

50-1403. DISPOSITION AFTER HEARING. After a public hearing has been conducted, the city council may proceed to exchange, convey or offer for sale the real property in question, subject to the restrictions of section 50-1401, Idaho Code. The city council shall be governed by the following provisions:
(1) When the property is offered for sale, the property shall be sold at a public auction to the highest bidder and no bids shall be accepted for less than the minimum declared value previously recorded on the record at a public meeting of the council, provided however, if no bids are received, the city council shall have the authority to sell such property as it deems in the best interest of the city.
(2) When it is determined by the city council to be in the city’s best interest that the property be offered for exchange, the council may do all things necessary to exchange any property owned by the city for real property of equal value pursuant to terms which shall be a matter of public record.
(3) When property is purchased, donated or otherwise conveyed to a city and the city has previously used federal funding to acquire the property, with funds specifically designated for the purpose of assisting low- to moderate-income families with decent, safe, affordable housing opportunities, the property may be sold, donated or otherwise conveyed directly to a low- to moderate-income family, so long as the sale or conveyance is consistent with the applicable federal regulations under which the property was obtained initially. In such instances, the city council shall pass an ordinance stating:
(a) That the property was acquired, in whole, with federal funds;
(b) That the property is to be sold or otherwise conveyed to a low- to moderate-income family;
(c) That the sale or conveyance is consistent with all applicable federal, state or local statutes, laws, regulations and policies; and
(d) That the property may be offered for sale, donation or otherwise conveyed immediately upon the passing of the ordinance.
(4) When it is determined by the city council to be in the city’s best interest that a transfer or conveyance be made, the city council may, by ordinance duly enacted, authorize the transfer or conveyance of any real property owned by such city to any tax supported governmental unit, with or without consideration.
(5) When it is determined by the city council to be in the city’s best interest, the city may transfer property to a trustee for security purposes, or for purposes of accommodating a transaction, or for funding of construction of capital facilities on city owned property.
History:
[50-1403, added 2001, ch. 331, sec. 4, p. 1162.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 14 - CONVEYANCE OF PROPERTY › Section 50-1404 - TERMS OF SALE.

50-1404. TERMS OF SALE. Real property may be sold for cash or on contract for a period not exceeding ten (10) years, with a rate of interest on all deferred payments as determined by the city council. The title to all property sold on contract shall be retained in the name of the city until full payment has been made by the purchaser. Any property sold by the city council under the provisions of this section either for cash or on contract, shall be assessed by the county assessor in the same manner and upon the same basis of valuation as though the purchaser held a record title to the property so sold. The city council shall have authority to cancel any contract of sale pursuant to law, and retain all payments paid thereon, if the purchaser shall fail to comply with any of the terms of the contract. The city council may, by agreement with the purchaser, modify or extend any of the terms of any contract of sale, but the total period shall not exceed ten (10) years.
History:
[50-1404, added 2001, ch. 331, sec. 5, p. 1163.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 14 - CONVEYANCE OF PROPERTY › Section 50-1405 - CONVEYANCE — DISPOSITION OF PROCEEDS.

50-1405. CONVEYANCE — DISPOSITION OF PROCEEDS. The proceeds received from the sale or exchange of property shall be utilized in a manner consistent with provisions of law regarding revenues received by the city.
History:
[50-1405, added 2001, ch. 331, sec. 6, p. 1163.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 14 - CONVEYANCE OF PROPERTY › Section 50-1406 - DISPOSAL OF LAND ACQUIRED BY FORECLOSURE — EXCESS PROCEEDS.

50-1406. DISPOSAL OF LAND ACQUIRED BY FORECLOSURE — EXCESS PROCEEDS. Should real property be acquired as the result of a foreclosure of any improvement lien, or where a deed has been made and executed by the owner to the city in satisfaction of an improvement lien, and thereafter bring more than is assessed against the same, together with costs and expenses, then the proceeds shall be paid to the owner if his address is known, otherwise, to be placed in the improvement fund for the benefit of which the property was impressed with the lien.
History:
[50-1406, added 2001, ch. 331, sec. 7, p. 1163.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 14 - CONVEYANCE OF PROPERTY › Section 50-1407 - LEASES.

50-1407. LEASES. The mayor and council may, by resolution, authorize the lease of any real or personal property not otherwise needed for city purposes, upon such terms as the city council determines may be just and equitable.
History:
[50-1407, added 2001, ch. 331, sec. 8, p. 1164.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 14 - CONVEYANCE OF PROPERTY › Section 50-1408 - DISPOSAL OF LAND ACQUIRED BY FORECLOSURE — EXCESS PROCEEDS.

50-1408. DISPOSAL OF LAND ACQUIRED BY FORECLOSURE — EXCESS PROCEEDS. Should the property acquired as the result of a foreclosure of any improvement lien, or where a deed has been made and executed by the owner to the city in consideration of such improvement lien, bring more than is assessed against the same together with costs and expenses, then such excess shall be paid to the owner if his address is known, otherwise, to be placed in the improvement fund for the benefit of which such property was impressed with such lien.
History:
[50-1408, added 1967, ch. 429, sec. 251, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 14 - CONVEYANCE OF PROPERTY › Section 50-1409 - LEASES.

50-1409. LEASES. The mayor and council may, by resolution, authorize the lease of any property not needed for city purposes, upon such terms as may be just and equitable. The provisions of sections 50-1401 through 50-1409 shall not apply to the vacation or discontinuance of streets, highways, avenues, alleys or lanes annulled, vacated or discontinued. Provided, that the council of a city, upon a vote of one half (1/2) plus one (1) of the members of the full council, may set apart portions of the public parks, playgrounds or other grounds to be used from time to time for athletic contests, golf links, agricultural exhibits, ball parks, fairs, rodeos, swimming pools and other amusements, and for military units of the state of Idaho or the United States, and may, upon a vote of one half (1/2) plus one (1) of the members of the full council, make and enter into proper contracts with organizations and associations necessary and proper to carry out the purposes of this provision. Provided, that a city shall not be liable for any damage by reason of any accident occurring on the parks and lands set apart for such purposes, except for gross negligence on the part of the city or its officers or agents, and provided further, that an entrance or other fee may be charged sufficient to pay the expense of maintaining and operating the ground.
History:
[50-1409, added 1967, ch. 429, sec. 252, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 15 - POLICEMAN’S RETIREMENT FUND › Section 50-1501 - PURPOSE STATED.

50-1501. PURPOSE STATED. Retirement, with continuance of pay for themselves, provision for dependents and pay during temporary disability, and the encouragement of long tenure in police service of paid policemen becoming aged or disabled in the service of the state or any of its cities, is hereby declared to be a public purpose of joint concern to the state and each of its cities in the protection of lives and conservation of property and essential to the maintenance of competent and efficient personnel in police service.
History:
[50-1501, added 1967, ch. 429, sec. 253, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 15 - POLICEMAN’S RETIREMENT FUND › Section 50-1502 - DEFINITIONS.

50-1502. DEFINITIONS. The following are definitions of terms used in sections 50-1501 through 50-1524, Idaho Code:
(a) "Paid policeman" means any individual who is on the payroll of any city in the state of Idaho and who devotes his or her principal time of employment to the care, operation or maintenance of a regularly constituted police department of such city;
(b) "Industrial accident board" means the board as authorized and created under the provisions of chapter 5, title 72, Idaho Code, or as the same may be hereafter amended;
(c) "Workers’ Compensation Law" means the Workers’ Compensation Law as authorized and created under title 72, Idaho Code, or as the same may hereafter be amended;
(d) "Twenty-five years active service" — an individual whose principal means of livelihood for the period of twenty-five (25) years has been through employment by a city in a regularly constituted police department, and has actually been carried on the payroll for twenty-five (25) years;
(e) "Five years continuous service, ten years continuous service, fifteen years continuous service" — an individual who has been employed by a regularly constituted police department for a period of five (5) years, ten (10) years, or fifteen (15) years continuously, without having engaged in any other gainful occupation;
(f) "Leave of absence" means a period of time which a paid policeman shall have been out of the service of said police department of the city of which he was a member, and who, for that like period of time was off the payrolls thereof;
(g) "Mandatory retirement at age sixty-five" — retirement to become mandatory when age of sixty-five (65) years has been reached;
(h) The meaning of the term "incapacitated in a degree which prohibits efficient service" means that degree of mental or physical disability which prohibits the efficient performance of the duties of a paid policeman during any occasion when his said services as a policeman shall be necessary;
(i) "Twenty-five years of accumulated service" — an individual who has been employed by a regularly constituted police department without having engaged in any other gainful occupation and has had twenty-five (25) years of accumulated service with the same police department and has been carried on the payrolls of such department for that period of accumulated time.
History:
[50-1502, added 1967, ch. 429, sec. 254, p. 1249; am. 1993, ch. 350, sec. 1, p. 1295.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 15 - POLICEMAN’S RETIREMENT FUND › Section 50-1503 - ESTABLISHMENT OF RETIREMENT FUND.

50-1503. ESTABLISHMENT OF RETIREMENT FUND. The city council of any city in the state of Idaho may, in accordance with sections 50-1501 through 50-1524, [Idaho Code,] establish a "policeman’s retirement fund" providing, that when such fund shall have been established, as hereinafter provided, it shall continue to function except that the legislature of the state of Idaho may abolish it.
History:
[50-1503, added 1967, ch. 429, sec. 255, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 15 - POLICEMAN’S RETIREMENT FUND › Section 50-1505 - POLICEMAN’S RETIREMENT FUND.

50-1505. POLICEMAN’S RETIREMENT FUND. There is hereby created a special fund in the treasury of the city to be designated and known as the policeman’s retirement fund for the purpose of providing retirement pay and other benefits for paid policemen, as defined herein, becoming aged or disabled while in the public police service of said city and also providing for their dependents. Such fund shall consist of all moneys accruing under the provisions hereof, all appropriations thereto, all contributions to said fund, donations, properties, and securities acquired by investment or otherwise, and interest earned, shall, commencing with the effective date of such fund, become a part thereof.
History:
[50-1505, added 1967, ch. 429, sec. 257, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 15 - POLICEMAN’S RETIREMENT FUND › Section 50-1506 - APPROPRIATION OF FUND.

50-1506. APPROPRIATION OF FUND. All moneys coming into the said fund shall be continuously appropriated for the objects, uses and purposes provided herein by sections 50-1501 through 50-1524 and to pay all or any costs and expenses of administration thereof by the said board of police retirement fund commissioners.
History:
[50-1506, added 1967, ch. 429, sec. 258, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 15 - POLICEMAN’S RETIREMENT FUND › Section 50-1507 - ADMINISTRATION OF FUND.

50-1507. ADMINISTRATION OF FUND. The policeman’s retirement fund shall be administered by the chairman of the board of police retirement fund commissioners.
History:
[50-1507, added 1967, ch. 429, sec. 259, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 15 - POLICEMAN’S RETIREMENT FUND › Section 50-1508 - ACTIONS BY AND AGAINST BOARD.

50-1508. ACTIONS BY AND AGAINST BOARD. The said board of police retirement fund commissioners shall have the power to sue or be sued in all courts of the state in all matters arising out of the administration, management and enforcement of the provisions of sections 50-1501 through 50-1524[, Idaho Code].
History:
[50-1508, added 1967, ch. 429, sec. 260, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 15 - POLICEMAN’S RETIREMENT FUND › Section 50-1509 - EMPLOYEES OF BOARD.

50-1509. EMPLOYEES OF BOARD. The said board of police retirement fund commissioners shall have power to engage assistants, experts, accountants, clerks and other employees which may be found necessary to carry out the provisions of sections 50-1501 through 50-1524, [Idaho Code,] the same to be paid out of said retirement fund.
History:
[50-1509, added 1967, ch. 429, sec. 261, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 15 - POLICEMAN’S RETIREMENT FUND › Section 50-1510 - PERSONAL LIABILITY OF BOARD MEMBERS OR THEIR EMPLOYEES.

50-1510. PERSONAL LIABILITY OF BOARD MEMBERS OR THEIR EMPLOYEES. The board of police retirement fund commissioners shall not, nor shall any person employed by any commissioners, be personally liable in his private capacity for or on account of any act performed or entered into in an official capacity in good faith and without intent to defraud, in connection with the administration of said retirement fund.
History:
[50-1510, added 1967, ch. 429, sec. 262, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 15 - POLICEMAN’S RETIREMENT FUND › Section 50-1511 - AUDIT OF CLAIMS.

50-1511. AUDIT OF CLAIMS. All claims against said fund shall be examined, audited and allowed in the manner now provided or hereafter provided for by law for claims against any city.
History:
[50-1511, added 1967, ch. 429, sec. 263, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 15 - POLICEMAN’S RETIREMENT FUND › Section 50-1512 - TAX LEVY — SALARY DEDUCTIONS.

50-1512. TAX LEVY — SALARY DEDUCTIONS. Any city having established a policeman’s retirement fund may levy a tax of not to exceed eight hundredths per cent (.08%) of market value for assessment purposes of property within the corporate limits of the city, except where pursuant to section 50-1525, Idaho Code, it is found that the levy is not sufficient to meet the fund’s future liability, in which case the levy may be increased to provide for the actuarial soundness of the fund. Said taxes shall be placed by the city treasurer in a fund to be known as the "policeman’s retirement fund." Sums certain, as determined by the governing body, not to exceed eight per cent (8%) per month, may be deducted from the salary of each police officer and placed in said "policeman’s retirement fund" by the treasurer. When all claims against the fund have been satisfied, the authority to levy according to this section shall terminate.
History:
[50-1512, added 1967, ch. 429, sec. 264, p. 1249; am. 1971, ch. 26, sec. 6, p. 68; am. 1985, ch. 223, sec. 1, p. 536; am. 1996, ch. 208, sec. 12, p. 670; am. 1996, ch. 322, sec. 53, p. 1080.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 15 - POLICEMAN’S RETIREMENT FUND › Section 50-1513 - CHAIRMAN OF BOARD — SECRETARIES — REPORTS.

50-1513. CHAIRMAN OF BOARD — SECRETARIES — REPORTS. The mayor of the city shall be ex-officio chairman of the board of police retirement fund commissioners and the members of the board shall elect the other necessary officers. The secretary of the board shall make a semiannual report to the city council as to the condition of the said "policeman’s retirement fund:" their receipts and disbursements in the accounts of same, a complete list of the beneficiaries of the said fund and a list of the amount paid to each of said persons. The city treasurer shall, from the records of his office, furnish the secretary with any pertinent or necessary information which may be needful or necessary to compile such report or to furnish the board with the proper information: all reports to be written, signed and dated by the secretary.
History:
[50-1513, added 1967, ch. 429, sec. 265, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 15 - POLICEMAN’S RETIREMENT FUND › Section 50-1515 - RESIGNATION OF POLICEMEN — REFUND OF DEDUCTIONS.

50-1515. RESIGNATION OF POLICEMEN — REFUND OF DEDUCTIONS. A policeman who has been employed by a regularly constituted police department for a period of less than five (5) continuous years shall, upon termination of such employment, and upon application to the board of police retirement fund commissioners, be refunded one fourth (1/4) of the moneys deducted from his salary and placed in the police retirement fund. The amount to be refunded upon the application of a policeman who has been employed by said police department for a period of not less than five (5) years continuously shall be one third (1/3) of the moneys deducted from his salary and placed in the police retirement fund; for not less than ten (10) years continuous employment with said police department, one half (1/2) of the moneys deducted from his salary and placed in the police retirement fund shall, upon application, be refunded; and after having completed fifteen (15) years of continuous service with said police department, all moneys deducted from his salary and placed in the police retirement fund shall be refunded upon application of such policeman upon termination.
History:
[50-1515, added 1967, ch. 429, sec. 267, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 15 - POLICEMAN’S RETIREMENT FUND › Section 50-1517 - BENEFITS EXEMPT FROM LEGAL PROCESS.

50-1517. BENEFITS EXEMPT FROM LEGAL PROCESS. No benefits or payments payable under the provisions of sections 50-1501 through 50-1524 shall be subject to execution, nor assignable, nor shall be hypothecated or in any manner encumbered.
History:
[50-1517, added 1967, ch. 429, sec. 269, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 15 - POLICEMAN’S RETIREMENT FUND › Section 50-1518 - CONSTRUCTION OF STATUTE.

50-1518. CONSTRUCTION OF STATUTE. The provisions of this chapter shall be liberally construed, with the object of promotion of justice and the welfare of the persons subject to its provisions.
History:
[50-1518, added 1967, ch. 429, sec. 270, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 15 - POLICEMAN’S RETIREMENT FUND › Section 50-1519 - ROTARY EXPENSE FUND.

50-1519. ROTARY EXPENSE FUND. The provisions of sections 67-2018, 67-2019, 67-2020 and 67-2021, Idaho Code, are hereby expressly declared applicable to the provisions of sections 50-1501 through 50-1524.
History:
[50-1519, added 1967, ch. 429, sec. 271, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 15 - POLICEMAN’S RETIREMENT FUND › Section 50-1520 - INSURANCE OF RISKS.

50-1520. INSURANCE OF RISKS. In event the board of police retirement fund commissioners shall determine that there are risks arising under the terms of sections 50-1501 through 50-1524 which may be made the subject of insurance against loss to the fund created herein, said commission is hereby authorized at its discretion, to insure such risks. In event of such insurance, the premiums therefor shall be paid from the fund created hereby as other claims are paid; provided, that such insurance shall not in any event be insurance of any individual but exclusively insurance of the fund itself against loss.
History:
[50-1520, added 1967, ch. 429, sec. 272, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 15 - POLICEMAN’S RETIREMENT FUND › Section 50-1521 - APPLICATION OF STATUTE.

50-1521. APPLICATION OF STATUTE. No paid policeman shall be retired under section 50-1514 prior to January 1, 1950, unless he shall be discharged from service because of his incapacity in a degree which prohibits efficient service as defined in subdivision (h) of section 50-1502. The provisions of sections 50-1501 through 50-1524 shall apply only to persons now employed or hereafter to be employed as paid policemen.
History:
[50-1521, added 1967, ch. 429, sec. 273, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 15 - POLICEMAN’S RETIREMENT FUND › Section 50-1522 - SEPARABILITY.

50-1522. SEPARABILITY. If any clause, section or provision of sections 50-1501 through 50-1524 be found to be unconstitutional, the remainder of sections 50-1501 through 50-1524 shall remain in full force and effect, notwithstanding such invalidity.
History:
[50-1522, added 1967, ch. 429, sec. 274, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 15 - POLICEMAN’S RETIREMENT FUND › Section 50-1523 - FALSE CLAIMS — PENALTY.

50-1523. FALSE CLAIMS — PENALTY. Any person making a false claim for allowance of benefits or payment of money under sections 50-1501 through 50-1524, knowing the same to be false, shall be deemed guilty of presentation of a false claim against the state and shall be punished as provided by law.
History:
[50-1523, added 1967, ch. 429, sec. 275, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 15 - POLICEMAN’S RETIREMENT FUND › Section 50-1524 - AUTHORITY TO CREATE POLICEMAN’S RETIREMENT FUND TERMINATED.

50-1524. AUTHORITY TO CREATE POLICEMAN’S RETIREMENT FUND TERMINATED. From and after the effective date of this act, no city shall establish a policeman’s retirement fund: provided, however, that any policeman’s retirement fund, established under the provisions of sections 50-1501 through 50-1524 and which is now in effect, shall not be invalidated. Provided, further, except as in this section hereinafter otherwise provided, that no person, who shall be hereafter employed as a paid policeman in a city which has a policeman’s retirement fund at the effective date of this act, shall participate in the policeman’s retirement fund. Any person hereafter employed by a police department shall be eligible to participate in the public employee’s retirement system except as in this section hereinafter otherwise provided. Any city having an existing policeman’s retirement fund may require, by ordinance, that all of its paid policemen shall participate in its policeman’s retirement fund. No paid policeman employed in a city which has elected by ordinance to require all its paid policemen to participate in its policeman’s retirement fund shall be eligible to participate in the public employee’s retirement system.
History:
[50-1524, added 1967, ch. 429, sec. 276, p. 1249; am. 1969, ch. 307, sec. 1, p. 944; am. 1970, ch. 24, sec. 1, p. 51.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 15 - POLICEMAN’S RETIREMENT FUND › Section 50-1525 - MANDATORY ACTUARIAL STUDY.

50-1525. MANDATORY ACTUARIAL STUDY. Any city establishing and maintaining a policeman’s retirement fund pursuant to the provisions of this chapter shall, at its own expense, conduct an actuarial study for the purpose of determining the actuarial soundness of such fund. Commencing January 1, 1991, actuarial studies required hereunder shall be conducted within four (4) years of the last actuarial study and each four (4) years thereafter. Copies of such studies shall be submitted to the secretary of state for the state of Idaho and to the secretary of the local police retirement fund board.
History:
[50-1525, as added by 1971, ch. 26, sec. 7, p. 68; am. 1990, ch. 128, sec. 1, p. 298.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 15 - POLICEMAN’S RETIREMENT FUND › Section 50-1526 - MAKING A FALSE CLAIM — MISDEMEANOR.

50-1526. MAKING A FALSE CLAIM — MISDEMEANOR. Any person making a false claim for allowance of benefits or payment of money under the provisions of this chapter, knowing the same to be false, shall be guilty of a misdemeanor, and shall be punished pursuant to the provisions of section 18-113, Idaho Code.
History:
[50-1526, added 1993, ch. 349, sec. 1, p. 1294.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 16 - CIVIL SERVICE › Section 50-1601 - CIVIL SERVICE COMMISSION — APPOINTMENT — QUALIFICATIONS — MANNER OF ABOLISHING COMMISSION.

50-1601. CIVIL SERVICE COMMISSION — APPOINTMENT — QUALIFICATIONS — MANNER OF ABOLISHING COMMISSION. To provide a means whereby employees of the cities of the state of Idaho may be selected, retained and promoted on the basis of merit and performance of duties, thus affecting [effecting] economy and efficiency in the administration of city government, the city council of any city may, by ordinance, provide for the creation of a civil service system under the provisions herein set forth.
(A) To create such system, the mayor with the advice and consent of the council shall appoint three (3) persons from among the qualified electors of the city to be designated the civil service commission.
(B) One member of said civil service commission shall serve a two (2) year term, another member shall serve a four (4) year term, and a third member shall serve a six (6) year term. Each second year thereafter, one (1) member shall in like manner be appointed for a term of six (6) years, to take the place of the member whose term next expires. If a vacancy occurs in the civil service commission, such vacancy for the balance of the unexpired term shall be filled as in the first instance.
Any city having created a civil service system shall not thereafter abolish such system except as herein provided: notice of date, time and place of first reading of the proposed ordinance to abolish such system shall be published in one (1) issue of the official newspaper of the city not less than ten (10) days immediately preceding the first reading of the proposed ordinance; and, such ordinance shall not be passed unless the same is read at length on three (3) different days at least seven (7) days apart.
History:
[50-1601, added 1967, ch. 429, sec. 277, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 16 - CIVIL SERVICE › Section 50-1602 - DEPARTMENTS GOVERNED BY CIVIL SERVICE — CLASSIFIED CIVIL SERVICE LISTS.

50-1602. DEPARTMENTS GOVERNED BY CIVIL SERVICE — CLASSIFIED CIVIL SERVICE LISTS. The council of each city creating a civil service system shall, by ordinance, determine which departments therein shall be included within the classified civil service system to be governed by the civil service rules and regulations. No appointments shall be made except under and according to the rules and regulations as adopted by resolution of the council.
The appointing authority of each department, subject to the rules and regulations of the civil service system, shall appoint all officers, employees or agents classified under the civil service rules and regulations, from the classified civil service list furnished by the civil service commission, and in like manner fill all vacancies.
History:
[50-1602, added 1967, ch. 429, sec. 278, p. 1249; am. 1973, ch. 287, sec. 1, p. 611.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 16 - CIVIL SERVICE › Section 50-1603 - RULES BY COMMISSION.

50-1603. RULES BY COMMISSION. The civil service commission shall make, and is hereby empowered to make, all necessary rules and regulations to carry out the purposes of the civil service system and for examinations, appointments and promotions. All such rules and regulations shall be printed by the civil service commission for distribution.
History:
[50-1603, added 1967, ch. 429, sec. 279, p. 1249.]