reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 51 - STUDY COMMISSION › Section 31-5104 - STUDY COMMISSION — ORGANIZATION — MEETINGS — CONDUCT OF BUSINESS.

31-5104. STUDY COMMISSION — ORGANIZATION — MEETINGS — CONDUCT OF BUSINESS. (1) The commission shall meet within thirty (30) days of its appointment and shall organize by electing from its members a chairman, a vice-chairman, and a clerk-secretary.
(2) Meetings of the study commission shall be held upon the call of the chairman, the vice-chairman in the absence or inability of the chairman, or a majority of the members. A majority of the members of the study commission constitutes a quorum for the transaction of business.
(3) All meetings, hearings and deliberations of the commission shall be subject to the provisions of chapter 2, title 74, Idaho Code.
(4) The commission may prepare a proposed budget for its operation which shall be submitted to the governing body for approval.
(5) The commission may adopt rules governing its own organization and procedure.
(6) The commission shall keep written records of its proceedings and appropriate financial records. All such records shall be open for public inspection at the offices of the study commission during regular office hours.
(7) Subject to the approval of the governing body, the commission may employ and fix the compensation and duties of necessary research, clerical, legal and other staff.
(8) Upon the request of the chairman of the study commission, the officers and employees of state agencies, other counties and other units of local government shall furnish or make available to the commission such information as may be necessary for carrying out the commission’s function.
(9) The commission may apply for and accept available private, state and federal funds and may accept donations from any source.
(10) A study commission may establish advisory boards and committees, including on them persons who are not members of the study commission.
(11) The governing body shall provide the commission with suitable space and access to county facilities for holding public hearings, may contribute clerical and other assistance to the commission, and shall provide the members and staff of the commission with information and assistance necessary to conduct a complete study of county government.
History:
[31-5104, added 1996, ch. 283, sec. 2, p. 921; am. 2015, ch. 141, sec. 59, p. 421.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 51 - STUDY COMMISSION › Section 31-5105 - FINAL REPORT OF STUDY COMMISSION.

31-5105. FINAL REPORT OF STUDY COMMISSION. (1) Within one (1) year after its first meeting, the study commission shall submit its final report to the governing body. The commission shall conduct one (1) or more public hearings before submitting the final report to the governing body. The study commission may recommend an optional form or may recommend no changes in county government. The report shall be signed by a majority of the commission members. If the study commission recommends an optional form of county government, the final report shall contain:
(a) A complete description of the optional form of county government proposed, as required under the provisions of the chapter pertaining to the form of government proposed to be adopted and under any other provisions of this act; and
(b) A comparison of the existing form and proposed form of county government, including a statement of the strengths and weaknesses of the existing and proposed plans.
(2) Sufficient copies of the final report shall be prepared for public distribution and must be available not less than sixty (60) days prior to any election on adopting the recommended optional form.
(3) Within thirty (30) days after the commission submits the final report, the governing body shall publish a summary of the findings and recommendations contained in the final report in the official newspaper of the county once each week for two (2) successive weeks. The summary shall indicate where the full text of the final report may be reviewed or obtained. The summary shall include a comparison of the existing form of county government and the proposed optional form.
(4) The commission shall be deemed dissolved within thirty (30) days after it has submitted its final report to the governing body.
History:
[31-5105, added 1996, ch. 283, sec. 2, p. 922.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 51 - STUDY COMMISSION › Section 31-5106 - FINAL REPORT RECOMMENDING OPTIONAL FORM — ELECTION.

31-5106. FINAL REPORT RECOMMENDING OPTIONAL FORM — ELECTION. (1) If the commission is established by resolution of the governing body and the final report recommends that an optional form of county government be submitted to the electors, the governing body may submit the question at the next succeeding general election. The governing body shall determine whether the question will be submitted within thirty (30) days of receiving the final report and shall make a record of its decision, citing the reasons for any decision not to submit the question to the electors.
(2) If the commission is established by petition and the final report recommends that an optional form of county government be submitted to the electors, the governing body shall submit the question at the next succeeding general election.
History:
[31-5106, added 1996, ch. 283, sec. 2, p. 923.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 52 - COMMISSION-EXECUTIVE FORM OF COUNTY GOVERNMENT › Section 31-5201 - COMMISSION-EXECUTIVE FORM.

31-5201. COMMISSION-EXECUTIVE FORM. The form of government provided in this chapter shall be known as the commission-executive. Each county operating under this form shall be governed by an elected board of county commissioners and an elected executive and the other officers specified in the resolution or petition from the choices provided in sections 31-5209 through 31-5214, Idaho Code.
History:
[31-5201, added 1996, ch. 283, sec. 3, p. 923.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 52 - COMMISSION-EXECUTIVE FORM OF COUNTY GOVERNMENT › Section 31-5202 - ELECTION OF EXECUTIVE.

31-5202. ELECTION OF EXECUTIVE. The executive shall be elected at the general election following the adoption of the commission-executive form of government provided in this chapter.
History:
[31-5202, added 1996, ch. 283, sec. 3, p. 923.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 52 - COMMISSION-EXECUTIVE FORM OF COUNTY GOVERNMENT › Section 31-5203 - QUALIFICATIONS AND OFFICE OF EXECUTIVE.

31-5203. QUALIFICATIONS AND OFFICE OF EXECUTIVE. (1) No person shall be elected to the office of executive unless he has attained the age of twenty-one (21) years at the time of his election, is a citizen of the United States and has resided within the county one (1) year immediately preceding his election.
(2) Each candidate shall file his declaration of candidacy with the county clerk. Each declaration shall have attached thereto a petition which contains the signatures of not less than five (5) nor more than ten (10) qualified electors.
(3) Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of forty dollars ($40.00) which shall be deposited in the county treasury.
(4) The salary of the executive shall be set by the board of county commissioners and cannot be reduced except as a part of a general salary reduction.
(5) The office of the executive shall be deemed vacant as provided in section 59-901, Idaho Code. The vacancy shall be filled according to the provisions of section 59-906A, Idaho Code.
History:
[31-5203, added 1996, ch. 283, sec. 3, p. 923.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 52 - COMMISSION-EXECUTIVE FORM OF COUNTY GOVERNMENT › Section 31-5204 - POWERS OF EXECUTIVE.

31-5204. POWERS OF EXECUTIVE. (1) The executive shall be the chief administrative official of the county and shall have all the powers and perform all the duties of an executive and administrative nature vested in, or imposed upon, the county or the board of county commissioners by law or by agreement with any municipality or other subdivision of the state. In addition to such other responsibilities as may be imposed upon him by law the county executive shall:
(a) Report annually to the board of county commissioners and the people on the state of the county. He shall also recommend to the board of county commissioners whatever action or programs he deems necessary for the improvement of the county and the welfare of its residents;
(b) See that the ordinances of the county and the resolutions of the board of county commissioners are complied with and faithfully executed, execute all contracts and conveyances in the name of and on behalf of the county, and provide for the enforcement of all laws of the state subject to his enforcement or the enforcement of officers under his direction and supervision;
(c) Prepare and submit an annual budget for the county to the board of county commissioners. The executive shall be the county budget officer and shall be responsible for the performance of the duties of the county budget officer as provided in chapter 16, title 31, Idaho Code, and any other provisions of law imposing duties upon the county budget officer;
(d) Keep the board of county commissioners fully advised as to the financial condition and needs of the county and make such other reports from time to time as required by the board or as he deems necessary;
(e) Furnish the board of county commissioners with information concerning the operations of county departments, boards or commissions, necessary for the board to exercise its powers or as requested by the board;
(f) Preside over the meetings of the board of county commissioners and determine the order of business subject to any rules the board may prescribe, take part in the discussions, and recommend measures for adoption;
(g) Exercise the executive authority of the county to appoint, supervise, suspend and remove county personnel and make nominations and appointments to additional offices, advisory boards and committees.
(2) The executive may call special meetings of the board of county commissioners, the object of which shall be submitted to the board in writing.
(3) The executive may appoint an administrative assistant, qualified by education and experience, who shall be responsible for the orderly and efficient operation and coordination of the various departments, boards, and commissions of the county.
History:
[31-5204, added 1996, ch. 283, sec. 3, p. 924.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 52 - COMMISSION-EXECUTIVE FORM OF COUNTY GOVERNMENT › Section 31-5205 - VETO POWER.

31-5205. VETO POWER. (1) The executive may sign or veto any ordinance or budget resolution adopted by the board of county commissioners. A veto by the executive may apply to all items or to any specific item of an ordinance or budget resolution appropriating money. Certification of a veto must be made by the executive within ten (10) days of the passage of the ordinance or budget resolution by the board of county commissioners. The board of county commissioners may override the veto by a two-thirds (2/3) vote of all its members called to a special session to consider the veto by a majority of its members.
(2) If the executive fails or refuses to sign any ordinance or budget resolution and return it with his written objections to the board of county commissioners within ten (10) days of the passage of the ordinance or resolution, it shall become law without his signature.
History:
[31-5205, added 1996, ch. 283, sec. 3, p. 925.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 52 - COMMISSION-EXECUTIVE FORM OF COUNTY GOVERNMENT › Section 31-5206 - BOARD OF COUNTY COMMISSIONERS — OPTIONAL SIZE — DISTRICTS TO BE REDRAWN.

31-5206. BOARD OF COUNTY COMMISSIONERS — OPTIONAL SIZE — DISTRICTS TO BE REDRAWN. (1) The legislative authority of the county shall be vested in a board of county commissioners comprised of three (3), five (5) or seven (7) members. The petition or resolution shall specify the size of the board of county commissioners and shall indicate the term of office of the commission, as provided in section 31-5207, Idaho Code. In no event shall the term of office of any incumbent member of the board of county commissioners be affected as a result of an increase in the size of the board of county commissioners under the provisions of this chapter.
(2) If the size of the board of county commissioners is increased, at the regular meeting of the board in January, preceding any election of additional county commissioners, the board must divide the county into the number of districts equal to the number of commissioners approved by the electors. The districts established shall be as nearly equal in population as possible. The redrawing of an existing district which places the incumbent county commissioner for that district outside of its boundaries shall not disqualify or otherwise affect the qualifications of the commissioner during his incumbency.
History:
[31-5206, added 1996, ch. 283, sec. 3, p. 925.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 52 - COMMISSION-EXECUTIVE FORM OF COUNTY GOVERNMENT › Section 31-5207 - ELECTION OF ADDITIONAL COMMISSIONERS — ALL MEMBERS OF COMMISSION MAY BE ELECTED TO FOUR YEAR TERMS.

31-5207. ELECTION OF ADDITIONAL COMMISSIONERS — ALL MEMBERS OF COMMISSION MAY BE ELECTED TO FOUR YEAR TERMS. (1) If the size of the board of county commissioners is increased, the additional commissioners shall be elected at the following general election.
(2) Except as provided in subsection (3) of this section, the additional members shall be elected for a term of two (2) years, with the allotment of the four (4) year term between the entire commission to proceed in numerical rotation in accordance with the provisions of section 31-703, Idaho Code.
(3) Notwithstanding the provisions of section 31-703, Idaho Code, or any other provision of law to the contrary, the petition or resolution to adopt the optional form of government provided in this chapter may provide that all members of the board of county commissioners for the county be elected to serve terms of four (4) years. If approved by the electors, the commissioner for each additional district shall be elected to a term of four (4) years and commissioners for existing districts shall be elected to a term of four (4) years upon the expiration of the commissioner’s current term of office.
History:
[31-5207, added 1996, ch. 283, sec. 3, p. 925.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 52 - COMMISSION-EXECUTIVE FORM OF COUNTY GOVERNMENT › Section 31-5208 - OTHER OFFICES.

31-5208. OTHER OFFICES. (1) The resolution or petition to adopt the commission-executive form of government shall further define the structure of the form by including one (1) selection from the choices specified for each of the offices listed in sections 31-5209 through 31-5214, Idaho Code.
(2) If the resolution or petition provides for the election of any new officers, such officers shall be elected at the general election following the adoption of the optional form of county government provided for in this chapter, or such earlier election date, subject to the provisions of section 34-106, Idaho Code, as provided in the petition or resolution.
History:
[31-5208, added 1996, ch. 283, sec. 3, p. 926.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 52 - COMMISSION-EXECUTIVE FORM OF COUNTY GOVERNMENT › Section 31-5209 - COUNTY CLERK, EX OFFICIO AUDITOR AND RECORDER.

31-5209. COUNTY CLERK, EX OFFICIO AUDITOR AND RECORDER. For purposes of this act the duties and responsibilities of the county clerk shall be as provided in chapter 10, title 1, Idaho Code, and chapter 7, title 31, Idaho Code, or as otherwise prescribed by law; the duties of the county clerk as ex officio county auditor shall be as provided in chapter 23, title 31, Idaho Code, or as otherwise prescribed by law; and the duties of the county clerk as ex officio county recorder shall be as provided in chapter 24, title 31, Idaho Code, or as otherwise prescribed by law. A county clerk, ex officio auditor and recorder:
(1) Shall continue to be elected to a term of four (4) years and perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office specified in the petition or resolution, but not to exceed four (4) years, and perform all the duties and responsibilities of the office; or
(3) Shall be appointed by the executive with the advice and consent of the board of county commissioners, be supervised by the executive and perform the duties and responsibilities of the county clerk, ex officio auditor and recorder; or
(4) The office shall be divided into two (2) or three (3) separate offices, with the persons to fill those offices to be elected or appointed in the manner provided in subsection (1), (2) or (3) of this section. The petition or resolution shall identify the name of each office and the duties and responsibilities assigned to each office; or
(5) The office shall be eliminated as a separate office with the duties and responsibilities of the county clerk, ex officio auditor and recorder to be performed by one (1) or more other qualified elected officers or appointed persons as provided in the petition or resolution. The petition or resolution shall specifically identify the duties of the office for which each other officer or appointee shall be responsible. The duties of the office as provided in chapter 10, title 1, Idaho Code, may not be combined with or assigned to the office of the sheriff or prosecuting attorney.
History:
[31-5209, added 1996, ch. 283, sec. 3, p. 926.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 52 - COMMISSION-EXECUTIVE FORM OF COUNTY GOVERNMENT › Section 31-5210 - COUNTY TREASURER, EX OFFICIO TAX COLLECTOR AND PUBLIC ADMINISTRATOR.

31-5210. COUNTY TREASURER, EX OFFICIO TAX COLLECTOR AND PUBLIC ADMINISTRATOR. For purposes of this act, the duties of the county treasurer as ex officio public administrator shall be as provided in chapter 1, title 14, Idaho Code; and the duties of the county treasurer as county treasurer and ex officio tax collector shall be as provided in chapters 15 and 21, title 31, Idaho Code, and title 63, Idaho Code, and as otherwise prescribed by law. A county treasurer, ex officio tax collector and public administrator:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office to be specified in the petition or resolution, but not to exceed four (4) years, and perform all the duties and responsibilities of the office; or
(3) Shall be appointed by the executive with the advice and consent of the board of county commissioners, be supervised by the executive and perform all the duties of the office; or
(4) The office shall be divided into two (2) or three (3) separate offices, with the persons to fill those offices to be elected or appointed in the manner provided in subsection (1), (2) or (3) of this section. The petition or resolution shall identify the name of each office and the duties and responsibilities assigned to each office; or
(5) The office shall be eliminated as a separate office with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the petition or resolution. The petition or resolution shall specifically identify those duties of the office for which each other officer or appointee shall be responsible.
History:
[31-5210, added 1996, ch. 283, sec. 3, p. 926.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 52 - COMMISSION-EXECUTIVE FORM OF COUNTY GOVERNMENT › Section 31-5211 - COUNTY ASSESSOR.

31-5211. COUNTY ASSESSOR. For purposes of this act, the duties of the county assessor shall be as provided in title 63, Idaho Code, and as otherwise prescribed by law. A county assessor:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the executive with the advice and consent of the board of county commissioners, be supervised by the executive and perform all the duties of the office; or
(4) The office shall be eliminated as a separate office with the duties and responsibilities of the office to be performed by one (1) or more other qualified elected officers or appointed persons as provided in the resolution or petition. The resolution or petition shall specifically identify those duties of the office for which each other officer or appointee shall be responsible.
History:
[31-5211, added 1996, ch. 283, sec. 3, p. 927.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 52 - COMMISSION-EXECUTIVE FORM OF COUNTY GOVERNMENT › Section 31-5212 - COUNTY SHERIFF.

31-5212. COUNTY SHERIFF. For purposes of this act, the duties of the county sheriff shall be as provided in chapter 22, title 31, Idaho Code, and as otherwise prescribed by law. A county sheriff:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the executive with the advice and consent of the board of county commissioners, be supervised by the executive and perform all the duties of the office; or
(4) The office shall be eliminated as a separate office with the duties and responsibilities of the office to be performed by one (1) or more other qualified elected officers or appointed persons as provided in the resolution or petition. The office of sheriff may not be consolidated with the office of the prosecuting attorney or the office of the clerk of the district court. The resolution or petition shall specifically identify those duties of the county sheriff for which each other officer or appointee shall be responsible.
History:
[31-5212, added 1996, ch. 283, sec. 3, p. 927.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 52 - COMMISSION-EXECUTIVE FORM OF COUNTY GOVERNMENT › Section 31-5213 - COUNTY CORONER.

31-5213. COUNTY CORONER. For purposes of this act the duties of the county coroner shall be as provided in chapter 28, title 31, Idaho Code, and as otherwise prescribed by law. A county coroner:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the executive with the advice and consent of the board of county commissioners, be supervised by the executive and perform all the duties of the office; or
(4) The office shall be eliminated as a separate office with the duties and responsibilities of the office to be performed by one (1) or more other qualified elected officers or appointed persons as provided in the resolution or petition. The resolution or petition shall specifically identify those duties of the office for which each other officer or appointee shall be responsible.
History:
[31-5213, added 1996, ch. 283, sec. 3, p. 928.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 52 - COMMISSION-EXECUTIVE FORM OF COUNTY GOVERNMENT › Section 31-5214 - COUNTY PROSECUTING ATTORNEY.

31-5214. COUNTY PROSECUTING ATTORNEY. For purposes of this act, the duties of the county prosecuting attorney shall be as provided in chapter 26, title 31, Idaho Code, and as otherwise prescribed by law. A county prosecuting attorney:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the executive with the advice and consent of the board of county commissioners, be supervised by the executive, and perform all the duties of the office; or
(4) The office shall be eliminated with the duties and responsibilities of the office to be performed by one (1) or more other qualified elected officers or appointed persons, or by a qualified person retained by the county on a contractual basis, as provided in the resolution or petition. The office of prosecuting attorney may not be consolidated with the office of sheriff or the office of clerk of the district court. The resolution or petition shall specifically identify those duties of the office for which each other officer, appointee, or party to the contract shall be responsible.
History:
[31-5214, added 1996, ch. 283, sec. 3, p. 928.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 53 - COMMISSION-MANAGER › Section 31-5301 - COMMISSION-MANAGER FORM OF GOVERNMENT.

31-5301. COMMISSION-MANAGER FORM OF GOVERNMENT. The form of government provided in this chapter shall be known as the commission-manager. Each county operating under this form shall be governed by an elected board of county commissioners and a manager appointed by the board of county commissioners and the other officers specified in the resolution or petition from the choices provided in sections 31-5307 through 31-5312, Idaho Code.
History:
[31-5301, added 1996, ch. 283, sec. 4, p. 929.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 53 - COMMISSION-MANAGER › Section 31-5302 - MANAGER — QUALIFICATIONS — APPOINTMENT.

31-5302. MANAGER — QUALIFICATIONS — APPOINTMENT. (1) The manager shall be the administrative head of the county and shall be appointed by the board of county commissioners on the basis of training, experience and administrative qualifications. The manager shall serve at the pleasure of the board and may be removed by the board at any time.
(2) The manager shall be appointed by the board as soon as practicable, but not later than six (6) months after the adoption of the commission-manager form of government.
(3) The board may appoint any county elected official to serve as the manager.
History:
[31-5302, added 1996, ch. 283, sec. 4, p. 929.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 53 - COMMISSION-MANAGER › Section 31-5303 - POWERS AND DUTIES.

31-5303. POWERS AND DUTIES. The manager shall:
(1) Have general supervision of the administrative functions of the county;
(2) See that the ordinances, resolutions and contracts of the board of county commissioners are complied with and faithfully executed;
(3) Furnish the board with information concerning the operations of county departments, boards or commissions, as necessary for the board to exercise its powers or as requested by the board and submit any other reports requested by the board or as he deems necessary;
(4) Prepare and submit an annual budget for the county to the board of county commissioners. The manager shall be the county budget officer and shall be responsible for the performance of the duties of the county budget officer as provided in chapter 16, title 31, Idaho Code, and any other provisions of law imposing duties upon the county budget officer.
(5) Keep the board fully advised of the financial condition and needs of the county;
(6) Attend meetings of the board of county commissioners, take part in the discussions, but not vote, and recommend measures for adoption;
(7) Exercise the executive authority of the county to appoint, supervise, suspend and remove county personnel and make nominations and appointments to advisory boards and committees;
(8) Perform such other duties as the board may establish by ordinance or resolution.
History:
[31-5303, added 1996, ch. 283, sec. 4, p. 929.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 53 - COMMISSION-MANAGER › Section 31-5304 - BOARD OF COUNTY COMMISSIONERS — OPTIONAL SIZE — DISTRICTS TO BE REDRAWN.

31-5304. BOARD OF COUNTY COMMISSIONERS — OPTIONAL SIZE — DISTRICTS TO BE REDRAWN. (1) The legislative authority of the county shall be vested in a board of county commissioners comprised of three (3), five (5) or seven (7) members. The petition or resolution shall specify the size of the board of county commissioners and shall indicate the term of office of the commission, as provided in section 31-5305, Idaho Code. In no event shall the term of office of any incumbent member of the board of county commissioners be affected as a result of an increase in the size of the board of county commissioners under the provisions of this chapter.
(2) If the size of the board of county commissioners is increased, at the regular meeting of the board in January, preceding any election of additional county commissioners, the board must divide the county into the number of districts equal to the number of commissioners approved by the electors. The districts established shall be as nearly equal in population as possible. The redrawing of an existing district which places the incumbent county commissioner for that district outside of its boundaries shall not disqualify or otherwise affect the qualifications of the commissioner during his incumbency.
History:
[31-5304, added 1996, ch. 283, sec. 4, p. 929.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 53 - COMMISSION-MANAGER › Section 31-5305 - ELECTION OF ADDITIONAL COMMISSIONERS — ALL MEMBERS OF COMMISSION MAY BE ELECTED TO FOUR YEAR TERMS.

31-5305. ELECTION OF ADDITIONAL COMMISSIONERS — ALL MEMBERS OF COMMISSION MAY BE ELECTED TO FOUR YEAR TERMS. (1) If the size of the board of county commissioners is increased, the additional commissioners shall be elected at the following general election.
(2) Except as provided in subsection (3) of this section, the additional members shall be elected for a term of two (2) years, with the allotment of the four-year term between the entire commission to proceed in numerical rotation in accordance with the provisions of section 31-703, Idaho Code.
(3) Notwithstanding the provisions of section 31-703, Idaho Code, or any other provision of law to the contrary, the petition or resolution to adopt the optional form of government provided in this chapter may provide that all members of the board of county commissioners for the county be elected to serve terms of four (4) years. If approved by the electors, the commissioner for each additional district shall be elected to a term of four (4) years and commissioners for existing districts shall be elected to a term of four (4) years upon the expiration of the commissioner’s current term of office.
History:
[31-5305, added 1996, ch. 283, sec. 4, p. 930.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 53 - COMMISSION-MANAGER › Section 31-5306 - OTHER OFFICES.

31-5306. OTHER OFFICES. (1) The resolution or petition to adopt the commission manager form of government shall further define the structure of the form by including one (1) selection from the choices specified for each of the offices listed in sections 31-5307 through 31-5212 [31-5312], Idaho Code.
(2) If the resolution or petition provides for the election of any new officers, such officers shall be elected at the general election following the adoption of the optional form of county government provided for in this chapter.
History:
[31-5306, added 1996, ch. 283, sec. 4, p. 930; am. 1996, ch. 326, sec. 1, p. 1111.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 53 - COMMISSION-MANAGER › Section 31-5307 - COUNTY CLERK, EX OFFICIO AUDITOR AND RECORDER.

31-5307. COUNTY CLERK, EX OFFICIO AUDITOR AND RECORDER. For purposes of this act the duties and responsibilities of the county clerk shall be as provided in chapter 10, title 1, Idaho Code, and chapter 7, title 31, Idaho Code, or as otherwise prescribed by law; the duties of the county clerk as ex officio county auditor shall be as provided in chapter 23, title 31, Idaho Code, or as otherwise prescribed by law; and the duties of the county clerk as ex officio county recorder shall be as provided in chapter 24, title 31, Idaho Code, or as otherwise prescribed by law. A county clerk, ex officio auditor and recorder:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office specified in the petition or resolution, but not to exceed four (4) years, and perform the duties and responsibilities of the county clerk, auditor and recorder; or
(3) Shall be appointed by the manager with the advice and consent of the board of county commissioners, be supervised by the manager and perform the duties and responsibilities of the county clerk, ex officio auditor and recorder; or
(4) The office shall be divided into two (2) or three (3) separate offices, with the persons to fill those offices to be elected or appointed in the manner provided in subsection (1), (2) or (3) of this section. The petition or resolution shall identify the name, duties and responsibilities of each office; or
(5) The office shall be eliminated as a separate office with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the petition or resolution. The petition or resolution shall identify the duties of the office for which each other officer or appointee shall be responsible. The duties of the office as provided in chapter 10, title 1, Idaho Code, may not be combined with or assigned to the office of the sheriff or prosecuting attorney.
History:
[31-5307, added 1996, ch. 283, sec. 4, p. 930.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 53 - COMMISSION-MANAGER › Section 31-5308 - COUNTY TREASURER, EX OFFICIO TAX COLLECTOR AND PUBLIC ADMINISTRATOR.

31-5308. COUNTY TREASURER, EX OFFICIO TAX COLLECTOR AND PUBLIC ADMINISTRATOR. For purposes of this act, the duties of the county treasurer as ex officio public administrator shall be as provided in chapter 1, title 14, Idaho Code; and the duties of the county treasurer as county treasurer and ex officio tax collector shall be as provided in chapters 15 and 21, title 31, Idaho Code, and title 63, Idaho Code, and as otherwise prescribed by law. A county treasurer, ex officio tax collector and public administrator:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office to be specified in the petition or resolution, but not to exceed four (4) years, and perform all the duties and responsibilities of the office; or
(3) Shall be appointed by the manager with the advice and consent of the board of county commissioners, be supervised by the manager and perform all the duties of the office; or
(4) The office shall be divided into two (2) or three (3) separate offices, with the persons to fill those offices to be elected or appointed in the manner provided in subsection (1), (2) or (3) of this section. The petition or resolution shall identify the name, duties and responsibilities of each office; or
(5) The office shall be eliminated as a separate office with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the petition or resolution. The petition or resolution shall identify those duties of the office for which each other officer or appointee shall be responsible.
History:
[31-5308, added 1996, ch. 283, sec. 4, p. 931.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 53 - COMMISSION-MANAGER › Section 31-5309 - COUNTY ASSESSOR.

31-5309. COUNTY ASSESSOR. For purposes of this act, the duties of the county assessor shall be as provided in title 63, Idaho Code, and as otherwise prescribed by law. A county assessor:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the manager with the advice and consent of the board of county commissioners, be supervised by the manager and perform all the duties of the office; or
(4) The office shall be eliminated with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the resolution or petition. The resolution or petition shall identify those duties of the office for which each other officer or appointee shall be responsible.
History:
[31-5309, added 1996, ch. 283, sec. 4, p. 932.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 53 - COMMISSION-MANAGER › Section 31-5310 - COUNTY SHERIFF.

31-5310. COUNTY SHERIFF. For purposes of this act, the duties of the county sheriff shall be as provided in chapter 22, title 31, Idaho Code, and as otherwise prescribed by law. A county sheriff:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the manager with the advice and consent of the board of county commissioners, be supervised by the manager and perform all the duties of the office; or
(4) The office shall be eliminated with the duties and responsibilities of the office to be performed by one (1) or more other qualified elected officers or appointed persons as provided in the resolution or petition. The office of sheriff may not be consolidated with the office of the prosecuting attorney or the office of the clerk of the district court. The resolution or petition shall identify those duties of the county sheriff for which each other officer or appointee shall be responsible.
History:
[31-5310, added 1996, ch. 283, sec. 4, p. 932.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 53 - COMMISSION-MANAGER › Section 31-5311 - COUNTY CORONER.

31-5311. COUNTY CORONER. For purposes of this act the duties of the county coroner shall be as provided in chapter 28, title 31, Idaho Code, and as otherwise prescribed by law. A county coroner:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the manager with the advice and consent of the board of county commissioners, be supervised by the manager and perform all the duties of the office; or
(4) The office shall be eliminated with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the resolution or petition. The resolution or petition shall identify those duties of the office for which each other officer or appointee shall be responsible.
History:
[31-5311, added 1996, ch. 283, sec. 4, p. 932.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 53 - COMMISSION-MANAGER › Section 31-5312 - COUNTY PROSECUTING ATTORNEY.

31-5312. COUNTY PROSECUTING ATTORNEY. For purposes of this act, the duties of the county prosecuting attorney shall be as provided in chapter 26, title 31, Idaho Code, and as otherwise prescribed by law. A county prosecuting attorney:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the manager with the advice and consent of the board of county commissioners, be supervised by the manager, and perform all the duties of the office; or
(4) The office shall be eliminated with the duties and responsibilities of the office to be performed by one (1) or more other qualified elected officers, appointed persons, or persons retained by the county on a contractual basis, as provided in the resolution or petition. The office of prosecuting attorney may not be consolidated with the office of sheriff or the office of clerk of the district court. The resolution or petition shall identify those duties of the office for which each other officer, appointee or party to the contract shall be responsible.
History:
[31-5312, added 1996, ch. 283, sec. 4, p. 933.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 54 - THREE-MEMBER BOARD OF COUNTY COMMISSIONERS WITH CHANGES IN OTHER COUNTY OFFICES › Section 31-5401 - THREE-MEMBER BOARD OF COUNTY COMMISSIONERS WITH CHANGES IN OTHER OFFICES.

31-5401. THREE-MEMBER BOARD OF COUNTY COMMISSIONERS WITH CHANGES IN OTHER OFFICES. The form of government provided in this chapter shall consist of an elected board of county commissioners comprised of three (3) members and the other officers specified in the resolution or petition from the choices provided in sections 31-5404 through 31-5409, Idaho Code.
History:
[31-5401, added 1996, ch. 283, sec. 5, p. 933.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 54 - THREE-MEMBER BOARD OF COUNTY COMMISSIONERS WITH CHANGES IN OTHER COUNTY OFFICES › Section 31-5402 - BOARD OF COUNTY COMMISSIONERS — AUTHORITY — CHANGE IN TERM OF OFFICE.

31-5402. BOARD OF COUNTY COMMISSIONERS — AUTHORITY — CHANGE IN TERM OF OFFICE. (1) The board of county commissioners shall be vested with all executive and legislative authority of the county.
(2) Notwithstanding the provisions of section 31-703, Idaho Code, or any other provision of law to the contrary, the petition or resolution to adopt the optional form of government provided in this chapter may specify that all members of the board of county commissioners be elected to serve terms of four (4) years. If approved by the electors, the commissioner for each district shall be elected to a term of four (4) years upon the expiration of the commissioner’s current term of office.
(3) The resolution or petition shall specify whether the provisions of section 31-703, Idaho Code, shall continue to govern the terms of office of the members of the commission or whether the terms of office of the members of the commission shall be changed as provided in subsection (2) of this section.
History:
[31-5402, added 1996, ch. 283, sec. 5, p. 933.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 54 - THREE-MEMBER BOARD OF COUNTY COMMISSIONERS WITH CHANGES IN OTHER COUNTY OFFICES › Section 31-5403 - OTHER OFFICES.

31-5403. OTHER OFFICES. (1) The resolution or petition to adopt the form of government provided in this chapter shall further define the structure of the form by including one (1) selection from the choices specified for the offices listed in sections 31-5404 through 31-5409, Idaho Code.
(2) If the resolution or petition provides for the election of any new officers, such officers shall be elected at the general election following the adoption of the optional form of county government provided for in this chapter.
History:
[31-5403, added 1996, ch. 283, sec. 5, p. 934.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 54 - THREE-MEMBER BOARD OF COUNTY COMMISSIONERS WITH CHANGES IN OTHER COUNTY OFFICES › Section 31-5404 - COUNTY CLERK, EX OFFICIO AUDITOR AND RECORDER.

31-5404. COUNTY CLERK, EX OFFICIO AUDITOR AND RECORDER. For purposes of this act the duties and responsibilities of the county clerk shall be as provided in chapter 10, title 1, Idaho Code, and chapter 7, title 31, Idaho Code, or as otherwise prescribed by law; the duties of the county clerk as ex officio county auditor shall be as provided in chapter 23, title 31, Idaho Code, or as otherwise prescribed by law; and the duties of the county clerk as ex officio county recorder shall be as provided in chapter 24, title 31, Idaho Code, or as otherwise prescribed by law. A county clerk, ex officio auditor and recorder:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office specified in the petition or resolution, but not to exceed four (4) years, and perform the duties and responsibilities of the county clerk, ex officio auditor and recorder; or
(3) Shall be appointed by the board of county commissioners and shall perform the duties and responsibilities of the county clerk, ex officio auditor and recorder; or
(4) The office shall be divided into two (2) or three (3) separate offices, with the persons to fill those offices to be elected or appointed in the manner provided in subsection (1), (2) or (3) of this section. The petition or resolution shall identify the name, duties and responsibilities of each office; or
(5) The office shall be eliminated as a separate office with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the petition or resolution. The petition or resolution shall identify the duties of the office for which each other officer or appointee shall be responsible. The duties of the office as clerk of the district court, as provided in chapter 10, title 1, Idaho Code, may not be consolidated with the office of the sheriff or prosecuting attorney.
History:
[31-5404, added 1996, ch. 283, sec. 5, p. 934.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 54 - THREE-MEMBER BOARD OF COUNTY COMMISSIONERS WITH CHANGES IN OTHER COUNTY OFFICES › Section 31-5405 - COUNTY TREASURER, EX OFFICIO TAX COLLECTOR AND PUBLIC ADMINISTRATOR.

31-5405. COUNTY TREASURER, EX OFFICIO TAX COLLECTOR AND PUBLIC ADMINISTRATOR. For purposes of this act, the duties of the county treasurer as ex officio public administrator shall be as provided in chapter 1, title 14, Idaho Code; and the duties of the county treasurer as county treasurer and ex officio tax collector shall be as provided in chapters 15 and 21, title 31, Idaho Code, and title 63, Idaho Code, and as otherwise prescribed by law. A county treasurer, ex officio tax collector and public administrator:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office to be specified in the petition or resolution, but not to exceed four (4) years, and perform all the duties and responsibilities of the office; or
(3) Shall be appointed by the board of county commissioners and perform all the duties of the office; or
(4) The office shall be divided into two (2) or three (3) separate offices, with the persons to fill those offices to be elected or appointed in the manner provided in subsection (1), (2) or (3) of this section. The petition or resolution shall identify the name, duties and responsibilities of each office; or
(5) The office shall be eliminated as a separate office with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the petition or resolution. The petition or resolution shall identify those duties of the office for which each other officer or appointee shall be responsible.
History:
[31-5405, added 1996, ch. 283, sec. 5, p. 934.]