reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 44 - SOLID WASTE DISPOSAL SITES › Section 31-4401A - DEFINITIONS.

31-4401A. DEFINITIONS. In this chapter:
(1) "Major solid waste generator" means any person who generates two per cent (2%) or more of the total solid waste originating in any county.
(2) "Person" means any natural person, firm, corporation, or other entity, but does not include a municipality, a state agency or a state educational institution.
(3) "Significant effect" means any change in the amount of solid waste to be sent to any waste disposal site which exceeds either five per cent (5%) of the total monthly amount of waste disposal at any particular solid waste disposal site during the most recent calendar year, or five per cent (5%) of the projected processing capacity of any new solid waste disposal site.
(4) "State agency" means each state board, commission, department or officer authorized by law to make rules or to determine contested cases.
(5) "State educational institution" means a public educational facility or institution regulated by the state board of education or the board of regents of the university of Idaho.
(6) "System" means lands, sites, facilities, equipment and manpower necessary for collection, transportation, storage, treatment, processing, reuse, recycling or other means necessary for the disposal of solid waste.
(7) "Waste processing facility" means any waste disposal site or any public work at which solid waste is compacted, incinerated, or otherwise treated prior to disposal. It shall not include the placement of portable collection facilities or similar equipment used solely to facilitate collection of solid waste.
History:
[31-4401A, added 1987, ch. 213, sec. 2, p. 455.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 44 - SOLID WASTE DISPOSAL SITES › Section 31-4402 - AUTHORITY OF COUNTY COMMISSIONERS.

31-4402. AUTHORITY OF COUNTY COMMISSIONERS. The board of county commissioners in each of the several counties is hereby authorized to acquire, establish, maintain and operate such solid waste disposal systems as are necessary and to provide reasonable and convenient access to such disposal systems by all the citizens of the county. For the purpose of establishing systems for solid waste disposal, the board of county commissioners may purchase, lease, condemn or receive as gifts such areas as are suitable, or the board may exchange land with any other unit or units of government under such terms as are mutually advantageous. In order that a county may acquire sites or systems as expeditiously and advantageously as possible, a county may use funds from current revenues, may use funds made available through the issuance of bonds, or may use funds made available from county building construction funds, and the provisions of chapter 10, title 31, Idaho Code, are hereby made applicable for the acquisition of solid waste disposal systems and a solid waste disposal system is declared to be a public building within the definition of chapter 10, title 31, Idaho Code, except that notwithstanding any other provisions of law, no board of county commissioners or other public authority shall be required to contract out the establishment, acquisition, operation or maintenance of a solid waste disposal system, but if it should elect to do so, it may waive the giving of a bond or other security in connection with such contract upon such terms and conditions as it deems appropriate, and provided further that any county may itself, without contracting out to any other party, establish, acquire, operate and maintain a solid waste disposal system.
History:
[31-4402, added 1970, ch. 104, sec. 2, p. 259; am. 1971, ch. 61, sec. 2, p. 137; am. 1979, ch. 109, sec. 1, p. 346.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 44 - SOLID WASTE DISPOSAL SITES › Section 31-4403 - OPERATION AND MAINTENANCE.

31-4403. OPERATION AND MAINTENANCE. It shall be the duty of the board of county commissioners in each of the several counties to acquire sites or facilities, and maintain and operate solid waste disposal systems. Such maintenance and operation may, by exclusive or nonexclusive means, be performed through or by:
(1) Employees, facilities, equipment and supplies hired by or acquired by the board of county commissioners;
(2) Contracts, franchises or otherwise, entered into by the board to have the maintenance and operation performed by private persons;
(3) Contracts entered into by the board to have the maintenance and operation performed by another unit of government;
(4) Contracts, franchises or otherwise, granted pursuant to law by the board, for all or any part or parts of the county;
(5) Any combination of subsections (1), (2), (3) and (4) of this section;
(6) Notwithstanding any other provision of law to the contrary, in order to provide for the public health, safety, and well-being, the board of county commissioners and/or another unit of state government, may determine whether solid waste disposal systems services are to be provided by means of a contract, franchise or otherwise, provided for under subsection (2) of this section, or any contract, franchise or otherwise, awarded under subsection (4) of this section, with or without compulsory competitive bidding;
(7) The board of county commissioners before entering into such contracts, franchises or otherwise may require such security for the performance thereof as it deems appropriate or may waive such undertaking.
History:
[31-4403, added 1970, ch. 104, sec. 3, p. 259; am. 1971, ch. 61, sec. 3, p. 137; am. 1979, ch. 109, sec. 2, p. 346; am. 1986, ch. 19, sec. 2, p. 60; am. 2004, ch. 144, sec. 1, p. 474.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 44 - SOLID WASTE DISPOSAL SITES › Section 31-4404 - FUNDING OF OPERATIONS.

31-4404. FUNDING OF OPERATIONS. For the purpose of providing funds to acquire sites, facilities, operate and/or maintain solid waste disposal systems, a board of county commissioners may in addition to the authority granted in sections 31-4402 and 31-4403, Idaho Code:
(1) Levy a tax of not to exceed four hundredths percent (.04%) of the market value for assessment purposes on all taxable property within the county, provided that property located within the corporate limits of any city that is operating and maintaining a solid waste disposal site shall not be levied against for the purposes of the county solid waste disposal system; or,
(2) Collect fees from the users of the solid waste disposal facilities; or,
(3) Finance the solid waste disposal facilities from current revenues; or,
(4) Receive and expend moneys from any other source;
(5) Establish solid waste collection systems where necessary or desirable and provide a method for collection of service fees, among which shall be certification of a special assessment on the property served;
(6) Use any combination of subsections (1), (2), (3), (4), and (5) of this section.
History:
[31-4404, added 1970, ch. 104, sec. 4, p. 259; am. 1971, ch. 61, sec. 4, p. 137; am. 1995, ch. 82, sec. 10, p. 224.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 44 - SOLID WASTE DISPOSAL SITES › Section 31-4405 - RULES AND REGULATIONS — NOTICE OF VIOLATION — MISDEMEANOR — INJUNCTION.

31-4405. RULES AND REGULATIONS — NOTICE OF VIOLATION — MISDEMEANOR — INJUNCTION. All solid waste disposal systems shall be located, maintained and operated according to rules and regulations promulgated and adopted by the state board of environmental quality. Every person who violates any of the provisions of this act, or of any order, rule or regulation of the state board of environmental quality issued pursuant thereto, where a copy of the order, rule or regulation has been served upon said person by certified mail, and said person fails to comply therewith within the time provided in the order, rule or regulation, or within ten (10) days of such service if not otherwise provided, shall be guilty of a misdemeanor. In the event of a continuing violation, each day that the violation continues constitutes a separate and distinct offense. In addition to the criminal penalties provided by this act, whenever it appears to the state board of environmental quality that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this act or of any rule or regulation promulgated and adopted under the provisions of this act, the board may bring an action in any court of competent jurisdiction to enjoin any such acts or practices and to enforce compliance with this act or any rule or regulation hereunder. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this act or any rule or regulation hereunder, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted. The board of environmental quality shall not be required to furnish bond.
History:
[31-4405, added 1970, ch. 104, sec. 5, p. 259; am. 1971, ch. 61, sec. 5, p. 137; am. 1974, ch. 23, sec. 9, p. 633; am. 2001, ch. 103, sec. 10, p. 263.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 44 - SOLID WASTE DISPOSAL SITES › Section 31-4406 - ORDINANCES REGULATING OPERATIONS AND MAINTENANCE — CRIMINAL PENALTIES — INJUNCTION.

31-4406. ORDINANCES REGULATING OPERATIONS AND MAINTENANCE — CRIMINAL PENALTIES — INJUNCTION. The board of county commissioners shall by ordinance provide for the necessary rules and regulations for the operation and maintenance of solid waste disposal systems. In addition to the criminal penalties provided for violation of a county ordinance, whenever it appears to the board of county commissioners that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this act or of a county ordinance enacted pursuant to this act, the board may bring an action in any court of competent jurisdiction to enjoin any such acts or practices and to enforce compliance with this act or any ordinance hereunder. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this act or ordinance hereunder, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted. The board of county commissioners shall not be required to furnish bond.
History:
[31-4406, added 1970, ch. 104, sec. 6, p. 259; am. 1971, ch. 61, sec. 6, p. 137.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 44 - SOLID WASTE DISPOSAL SITES › Section 31-4407 - EXISTING AND FUTURE MUNICIPAL FACILITIES TO CONFORM TO CHAPTER.

31-4407. EXISTING AND FUTURE MUNICIPAL FACILITIES TO CONFORM TO CHAPTER. Solid waste disposal facilities now in existence or hereafter established and maintained and/or operated by any city shall conform in the same manner as county solid waste disposal facilities as provided in section 31-4405, Idaho Code.
History:
[31-4407, added 1970, ch. 104, sec. 7, p. 259; am. 1971, ch. 61, sec. 7, p. 137.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 44 - SOLID WASTE DISPOSAL SITES › Section 31-4408 - EXISTING AND FUTURE SYSTEMS — JURISDICTION OF COMMISSIONERS — DISPOSITION OF WASTE ON OWN LAND.

31-4408. EXISTING AND FUTURE SYSTEMS — JURISDICTION OF COMMISSIONERS — DISPOSITION OF WASTE ON OWN LAND. Solid waste disposal systems now in existence or hereafter established and maintained and/or operated by other than a city shall come under the jurisdiction of the board of county commissioners, and shall be maintained and/or operated only as provided in this act. Every owner of land who disposes of solid waste on his own land shall obtain a written permit from the board of county commissioners for such disposal.
History:
[31-4408, added 1970, ch. 104, sec. 8, p. 259; am. 1971, ch. 61, sec. 8, p. 137.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 44 - SOLID WASTE DISPOSAL SITES › Section 31-4409 - JOINT OPERATION BY COUNTIES.

31-4409. JOINT OPERATION BY COUNTIES. Any maintenance and/or operation of a solid waste disposal system required by this act may be done jointly with any other county or counties.
History:
[31-4409, added 1970, ch. 104, sec. 9, p. 259; am. 1971, ch. 61, sec. 9, p. 137.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 44 - SOLID WASTE DISPOSAL SITES › Section 31-4410 - DISPOSAL OF WASTE AT PLACE OTHER THAN WASTE DISPOSAL SYSTEM — MISDEMEANOR — CIVIL DAMAGES — VENUE OF ACTION.

31-4410. DISPOSAL OF WASTE AT PLACE OTHER THAN WASTE DISPOSAL SYSTEM — MISDEMEANOR — CIVIL DAMAGES — VENUE OF ACTION. It shall be a misdemeanor, except at solid waste disposal systems located, maintained and operated as provided by this act, for any person to throw away, dump or discard any type or nature of solid waste on any public lands, rights of way of any kind, or private land of another. In addition to the criminal penalties for violation of this section, civil damages in an amount of three (3) times the actual damage shall be imposed upon the person so convicted to be used to restore the lands to their original state. Such civil actions shall be brought in and for the county in which the violation occurred, and any remainder of damages collected after restoration shall be used for maintenance and operation of solid waste disposal systems.
History:
[31-4410, added 1970, ch. 104, sec. 10, p. 259; am. 1971, ch. 61, sec. 10, p. 137.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 44 - SOLID WASTE DISPOSAL SITES › Section 31-4411 - PREEXISTING CONTRACTS — VALIDATION.

31-4411. PREEXISTING CONTRACTS — VALIDATION. Any contract for the acquisition, establishment, operation or maintenance of a solid waste disposal system, heretofore entered into by any public agency, and all acts and proceedings heretofore taken by the county commissioners or other contracting authority of any public agency in connection therewith, are hereby validated, ratified and declared to be binding and effective in accordance with their terms, notwithstanding any failure of such contract, or said board of county commissioners or other contracting authority to comply with the terms of this act, chapter 10, title 31, or chapter 19, title 54, Idaho Code.
History:
[31-4411, added 1979, ch. 109, sec. 3, p. 347.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 45 - POLLUTION CONTROL FINANCING › Section 31-4501 - SHORT TITLE.

31-4501. SHORT TITLE. This act may be referred to and cited as the "Idaho Pollution Control Financing Act."
History:
[31-4501, added 1975, ch. 52, sec. 1, p. 105.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 45 - POLLUTION CONTROL FINANCING › Section 31-4502 - DECLARATION OF NECESSITY AND PURPOSE — LIBERAL CONSTRUCTION.

31-4502. DECLARATION OF NECESSITY AND PURPOSE — LIBERAL CONSTRUCTION. (a) The legislature of the state of Idaho hereby finds:
(i) that environmental damage seriously endangers the public health and welfare;
(ii) that such environmental damage results from air, water, and other resource pollution and from public water supply, solid waste disposal, noise and other environmental problems;
(iii) that to reduce, control and prevent such pollution and problems, quality standards have been established necessitating the employment of antipollution devices, equipment and facilities, and stringent time schedules have been and will be imposed for compliance with such standards;
(iv) that it is desirable to provide methods of financing the costs of acquiring, constructing, installing and equipping facilities designed for environmental pollution control, including the acquisition of all technological facilities and equipment necessary or convenient for pollution control; and
(v) that the method of financing provided in this act is therefore in the public interest and serves a public purpose in protecting and promoting the health and welfare of the citizens of this state by reducing, controlling and preventing environmental damage.
(b) It is the purpose of this act, as more specifically described in later sections, to authorize counties to acquire, construct, install, equip, own, finance and lease environmental pollution control facilities, including the acquisition of all technological facilities and equipment necessary or convenient for pollution control, to be financed for, or to be sold, leased or otherwise disposed of to persons, associations or corporations other than municipal corporations or other political subdivisions, to the end that the counties may be able to promote the health and welfare of the people of this state; it is not intended by this act that any county shall itself be authorized to operate any industrial or commercial enterprise or any such environmental pollution control facilities.
(c) This act shall be liberally construed to accomplish the intentions expressed herein.
History:
[31-4502, added 1975, ch. 52, sec. 2, p. 105.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 45 - POLLUTION CONTROL FINANCING › Section 31-4503 - DEFINITIONS.

31-4503. DEFINITIONS. In this act, unless the context otherwise clearly requires, the terms used herein shall have the meanings ascribed to them as follows:
(a) "Board" means the board of county commissioners of any county.
(b) "County" means any county of the state of Idaho.
(c) "Person" means any individual, partnership, copartnership, firm, company, corporation (including public utilities), association, joint stock company, trust, estate, or any other legal entity, or their legal representatives, agents or assigns, other than municipal corporations or other political subdivisions.
(d) "Pollution" means any form of environmental pollution including, but not limited to, water pollution, air pollution, land pollution, solid waste pollution, thermal pollution, radiation contamination, or noise pollution as determined by the various standards prescribed by this state or the federal government.
(e) "Pollution control facility" or "facilities" means all technological facilities and equipment necessary or convenient for pollution control, including any land, interest in land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment or any combination thereof, and all real and personal property deemed necessary therewith, having to do with or the end purpose of which is, reducing, controlling or preventing pollution.
(f) "Project costs" as applied to pollution control facilities financed under the provisions of this act means and includes all or any part of the sum total of all reasonable or necessary costs incidental to the acquisition, construction, installation and equipping of such pollution control facilities including without limitation the cost of studies and surveys; plans, specifications, architectural and engineering services; legal, organizations, marketing or other special services; financing, acquisition, demolition, construction, equipment and site development of new and rehabilitated buildings; rehabilitation, reconstruction, repair or remodeling of existing buildings and all other necessary and incidental expenses including an initial bond and interest reserve together with interest on revenue bonds issued to finance such pollution control facilities to a date six (6) months subsequent to the estimated date of completion.
(g) "Finance" or "financing" means the issuing of revenue bonds pursuant to authority herein contained by a county for the purpose of using substantially all of the proceeds to pay all or any part of project costs or to reimburse any person for all or any part of project costs; provided, that title to or in any pollution control facility so financed may at all times remain in a person other than the county, and in such case the revenue bonds of the county shall be secured by a pledge of one (1) or more notes, debentures, bonds or other obligations of such person.
History:
[31-4503, added 1975, ch. 52, sec. 3, p. 105.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 45 - POLLUTION CONTROL FINANCING › Section 31-4506 - SECURITY FOR REVENUE BONDS.

31-4506. SECURITY FOR REVENUE BONDS. The principal of, and interest and premiums, if any, on any revenue bonds issued hereunder shall be secured by a pledge of the revenues and receipts out of which the same shall be made payable and may also be payable out of proceeds from the sale of the pollution control facility acquired with proceeds of such revenue bonds, but shall not be secured by the full faith and credit or the taxing power of the state of Idaho or of any political subdivision thereof. The resolution under which the revenue bonds are authorized to be issued and any indenture executed as security for the revenue bonds, may contain any agreements and provisions respecting the maintenance of the properties covered thereby, the fixing and collection of rents for any portions thereof leased by the county to others, the creation and maintenance of special funds from such revenues and the rights and remedies available in the event of default, including the designation of a trustee, which may be a bank or trust company, the principal place of business of which may be within or without the state of Idaho, all as the board shall deem advisable and not in conflict with the provisions hereof. Each pledge and agreement made for the benefit or security of any of the revenue bonds issued hereunder shall continue effective until the principal of, and interest and premiums, if any, on the revenue bonds for the benefit of which the same were made shall have been fully paid or provision for such payment duly made. In the event of default in such payment or in any agreements of the county made as a part of the contract under which the revenue bonds were issued, whether contained in the proceedings authorizing the revenue bonds or in any indenture executed as security therefor, said payment or agreement may be enforced by suit, mandamus or the appointment of a receiver in equity, or any one (1) or more of said remedies.
History:
[31-4506, added 1975, ch. 52, sec. 6, p. 105.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 45 - POLLUTION CONTROL FINANCING › Section 31-4507 - PAYMENT OF REVENUE BONDS — NONLIABILITY OF STATE AND COUNTY.

31-4507. PAYMENT OF REVENUE BONDS — NONLIABILITY OF STATE AND COUNTY. Revenue bonds passed under the provisions of this act shall not be deemed to constitute a debt or liability of the state or of any political subdivision, but shall be payable solely from the funds herein provided therefor. The issuance of revenue bonds under the provisions of this act shall not, directly or indirectly or contingently, obligate the state or any political subdivision thereof to levy any form of taxation therefor or to make any appropriation for their payment. Nothing in this act shall be construed to authorize the creation of a debt of the state or of the county authorizing the issuance of such revenue bonds within the meaning of the constitution or statutes of the state of Idaho and all revenue bonds issued pursuant to the provisions of this act are payable and shall state that they are payable solely from the funds pledged for their payment in accordance with the resolution authorizing their issuance or in any indenture executed as security therefor, and that such revenue bonds are not secured by the full faith and credit or the taxing power of the state of Idaho or of any political subdivision thereof. Neither the state nor the county authorizing the issuance thereof shall in any event be liable for the payment of the principal or of interest or premiums, if any, on any such revenue bonds. No breach of any such pledge, obligation or agreement may impose any pecuniary liability upon the state or the county authorizing the issuance thereof or any charge upon their general credit or against their taxing power.
History:
[31-4507, added 1975, ch. 52, sec. 7, p. 105.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 45 - POLLUTION CONTROL FINANCING › Section 31-4508 - TAXATION.

31-4508. TAXATION. To the extent permitted by the constitution the property acquired by any county pursuant to this act is exempt from taxation except that during any period that such property is leased by or title thereto is retained under an installment purchase contract by such county taxes shall be payable to the same extent as if it were owned by such lessee and such installment purchaser and such taxes shall be paid by such lessee or installment purchaser.
History:
[31-4508, added 1975, ch. 52, sec. 8, p. 105.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 45 - POLLUTION CONTROL FINANCING › Section 31-4509 - CONVEYANCE OF TITLE TO LESSEE.

31-4509. CONVEYANCE OF TITLE TO LESSEE. At or prior to the time the principal of and interest on any revenue bonds issued hereunder to provide a particular pollution control facility have been fully paid, the county may execute such deeds and conveyances as are necessary and required to convey its right, title and interest in such pollution control facilities to any person, provided that if such conveyance is made prior to when the revenue bonds are fully paid, the county has determined that adequate provision has been made for the payment of principal and interest on the bonds as they become due.
History:
[31-4509, added 1975, ch. 52, sec. 9, p. 105.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 45 - POLLUTION CONTROL FINANCING › Section 31-4511 - INVESTMENT OF FUNDS.

31-4511. INVESTMENT OF FUNDS. Each county issuing revenue bonds hereunder may invest any funds in bonds, notes, certificates of indebtedness, treasury bills or other securities constituting direct obligations of the United States of America; in certificates of deposit or time deposits constituting direct obligations of any bank as defined by the Idaho Bank Act, provided, however, that investments may be made only in those certificates of deposit or time deposits in banks which are insured by the Federal Deposit Insurance Corporation, if then in existence; or in short term discount obligations of the Federal National Mortgage Association. Any such securities may be purchased at the offering or market price thereof at the time of such purchase.
History:
[31-4511, added 1975, ch. 52, sec. 11, p. 105.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 45 - POLLUTION CONTROL FINANCING › Section 31-4512 - BONDS ELIGIBLE FOR INVESTMENT.

31-4512. BONDS ELIGIBLE FOR INVESTMENT. The state and all counties and cities and other municipal corporations, political subdivisions and public bodies, and public officers of any thereof, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, insurance companies and associations, and all executors, administrators, guardians, trustees and other fiduciaries may legally invest any sinking funds, monies or other funds belonging to them or within their control in any revenue bonds issued pursuant to this act.
History:
[31-4512, added 1975, ch. 52, sec. 12, p. 105.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 45 - POLLUTION CONTROL FINANCING › Section 31-4513 - EXEMPTION FROM CONSTRUCTION AND BIDDING REQUIREMENTS FOR PUBLIC BUILDINGS.

31-4513. EXEMPTION FROM CONSTRUCTION AND BIDDING REQUIREMENTS FOR PUBLIC BUILDINGS. A pollution control facility is not subject to any requirements relating to public buildings, structures, grounds, works, or improvements imposed by the Idaho Code, or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale, or other disposition of property of any county is not applicable to any action taken under authority of this act.
History:
[31-4513, added 1975, ch. 52, sec. 13, p. 105.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 45 - POLLUTION CONTROL FINANCING › Section 31-4514 - JOINT OPERATION.

31-4514. JOINT OPERATION. The powers herein conferred upon counties under this act may be exercised by two (2) or more counties acting jointly.
History:
[31-4514, added 1975, ch. 52, sec. 14, p. 105.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 45 - POLLUTION CONTROL FINANCING › Section 31-4515 - TAX EXEMPTION.

31-4515. TAX EXEMPTION. Revenue bonds and the interest thereon, issued pursuant to the authority contained in this act, shall be exempt from taxation under the Idaho income tax law.
History:
[31-4515, added 1975, ch. 52, sec. 15, p. 105.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 45 - POLLUTION CONTROL FINANCING › Section 31-4516 - BOND ELECTIONS — VALIDATION OF ELECTIONS AND BONDS.

31-4516. BOND ELECTIONS — VALIDATION OF ELECTIONS AND BONDS. All bond elections conducted by counties pursuant to authority contained in section 31-4510, Idaho Code, prior to the effective date of this act, and all proceedings had in the authorization and issuance of the bonds authorized thereat, are hereby validated, ratified and confirmed and all such bonds are declared to constitute legal obligations in accordance with their terms. Nothing in this section shall be construed to affect or validate any bond election, or bonds issued pursuant thereto, the legality of which is being contested at the time this act takes effect.
History:
[31-4516, added 1978, ch. 265, sec. 3, p. 594.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 46 - COUNTY JUSTICE FUND › Section 31-4601 - PURPOSE.

31-4601. PURPOSE. The legislature recognizes that the counties of the state perform vital functions in administering and delivering law enforcement services to all residents of the state. The legislature further finds it is necessary that the boards of county commissioners of the counties of the state be able to address the needs of county-provided components of the justice system by funding them at levels which do not compromise the performance of the justice system as a whole and which advance the interests of the public, while protecting the rights of individuals involved with the justice system.
History:
[31-4601, added 1990, ch. 216, sec. 1, p. 579.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 46 - COUNTY JUSTICE FUND › Section 31-4602 - JUSTICE FUND ESTABLISHMENT.

31-4602. JUSTICE FUND ESTABLISHMENT. The board of county commissioners of any county may, in conjunction with development of their annual budget, by resolution adopted at a public meeting of the board, establish a county justice fund to provide funding for the operation of the county sheriff’s office, construction, remodeling, operation and maintenance of county jails, juvenile detention facilities and/or county courthouses, operation of the prosecuting attorney’s office, provision of public defender service and otherwise court-appointed counsel, and operation of the office of the clerk of the district court, to the extent that operation of that office provides support for the district court. The justice fund shall be separate and distinct from the county current expense fund and expenditures from the justice fund shall be solely dedicated to the purposes set forth in this section.
At the discretion of the board of county commissioners, funds deposited in the county justice fund may be allowed to accumulate over a period of years for designated capital improvements or be expended on a regular basis.
History:
[31-4602, added 1990, ch. 216, sec. 1, p. 579; am. 2018, ch. 93, sec. 2, p. 200.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 47 - MUSEUM BOARDS › Section 31-4702 - ORDER CREATING BOARD — APPOINTMENT AND SELECTION OF MEMBERS.

31-4702. ORDER CREATING BOARD — APPOINTMENT AND SELECTION OF MEMBERS. If the board enters an order creating a county museum board pursuant to subsection (6) of section 31-4701, Idaho Code, it shall immediately appoint five (5) persons to membership thereof, and make its action a matter of record. The members shall as nearly as possible be selected from the different localities of the county.
Appointments shall be made as follows: Three (3) members shall be appointed for a term of two (2) years and two (2) members shall be appointed for a term of three (3) years. Thereafter, each appointment shall be made for terms of three (3) years. Appointments shall expire on the third Monday in January. Any vacancy occurring on such county museum board shall be filled by appointment by the county commissioners at their first regular meeting after the occurrence of such vacancy.
History:
[31-4702, added 1990, ch. 393, sec. 1, p. 1103.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 47 - MUSEUM BOARDS › Section 31-4703 - TIME FOR CREATION.

31-4703. TIME FOR CREATION. The county museum board may be created under the provisions of this chapter at any time before the first Monday in July in any year.
History:
[31-4703, added 1990, ch. 393, sec. 1, p. 1103.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 47 - MUSEUM BOARDS › Section 31-4704 - DUTIES OF COUNTY MUSEUM BOARD — BONDS OF MEMBERS — MEETINGS — FURTHER DUTIES.

31-4704. DUTIES OF COUNTY MUSEUM BOARD — BONDS OF MEMBERS — MEETINGS — FURTHER DUTIES. The county museum board shall be charged with the care and custody of all property belonging to the county and used for museum purposes, and shall be responsible for all moneys received by it, raised by tax levy or levies for museum purposes as well as all receipts from the operation of the museum and any other moneys received from other sources for museum purposes. Each member of the county museum board shall file with the board of county commissioners a bond in the sum of not less than one thousand dollars ($1,000) to be approved by the board of county commissioners. It shall meet at its place of business on the first Monday of January each year, and thereafter bi-monthly on the first Monday of the month, except as herein otherwise provided; provided, that it shall meet on the first Monday after the creation of such board under the provisions hereof.
It shall safely keep or cause to be safely kept all moneys coming into its care, custody or possession in strict compliance with the provisions of the public depository law of this state. It shall formulate in writing and file in its office all plans adopted by it from time to time in connection with the conduct of the business of the county museum, and also file a copy of the same with the board of county commissioners of the county. It shall keep or cause to be kept proper records of its proceedings, business transactions, and true and proper accounts of all moneys received by it and expended or on hand; and it shall require proper vouchers evidencing all disbursements of money. The records of the board shall be open to inspection by any taxpayer or voter within the county during all regular office hours. The board shall publish in at least one (1) issue of the official newspaper of the county a detailed statement of all moneys received and expended in connection with the operation of any museum.
It shall take charge of and manage all such property as the county may have acquired or set aside for museum purposes. It may recommend to the board of county commissioners that such board purchase such real and personal property as may be needed for museum purposes. It shall have power to employ labor, award prizes, make exhibition contracts, fix and charge admission and entrance fees. It shall fix the salaries of the secretary and treasurer and prescribe the time and manner of payment. The county museum board shall not have the power to create any indebtedness in excess of the amount to be derived from the special levies for each year and the estimated income from annual museum receipts, nor shall it mortgage or otherwise pledge or encumber any of the real or personal property owned by the county and used for museum purposes.
History:
[31-4704, added 1990, ch. 393, sec. 1, p. 1103.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 47 - MUSEUM BOARDS › Section 31-4705 - SECRETARY AND TREASURER OF COUNTY MUSEUM BOARD.

31-4705. SECRETARY AND TREASURER OF COUNTY MUSEUM BOARD. The county museum board shall select and employ a competent secretary whom they shall vest with general managerial powers subject to the provisions of this chapter. It shall also appoint a treasurer. The office of secretary may be combined with the office of treasurer and held by the same person. The treasurer shall be required to furnish a bond in such sum as may be fixed by the board of county commissioners, and when furnished to be approved by it.
History:
[31-4705, added 1990, ch. 393, sec. 1, p. 1104.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 47 - MUSEUM BOARDS › Section 31-4706 - BUDGET OF FUNDS FOR COUNTY MUSEUM PURPOSES — MAINTENANCE OF IDLE PROPERTY.

31-4706. BUDGET OF FUNDS FOR COUNTY MUSEUM PURPOSES — MAINTENANCE OF IDLE PROPERTY. For the purpose of determining what funds must be raised by taxes for county museum purposes, the county museum board shall meet at such time as may be provided by law for the preparation of budgets, and shall make a budget of the amounts required for museum purposes, including all salaries to be paid for the current year, and shall deduct therefrom any balance remaining in its treasury, and shall then certify to the board of county commissioners the amount of said budget. The board of county commissioners may make a levy upon all taxable property in the county in the amount requested by the county museum budget. No levy for the purposes of this chapter shall exceed three-hundredths percent (.03%) on each dollar of market value for assessment purposes of taxable property in the county. When such taxes have been collected, the same shall be paid to the treasurer of the county museum board to be used for the purposes authorized by this chapter. Upon the creation and appointment of the museum board by the county commissioners, it hereby becomes a taxing unit separate and distinct from any other taxing unit or tax levy within the county under the provisions of the Idaho budget law and as such is empowered to issue tax anticipation notes or warrants as provided by law for maintaining, carrying on, conducting, payment of obligations and all other necessary expenses, incurred or to be incurred in maintaining a museum. It may be the duty of the county commissioners of any county, where property for county museum purposes is located, to levy an amount sufficient to maintain and protect such museum grounds and property.
History:
[31-4706, added 1990, ch. 393, sec. 1, p. 1104; am. 1991, ch. 52, sec. 1, p. 95; am. 1996, ch. 208, sec. 6, p. 663; am. 1996, ch. 322, sec. 18, p. 1044; am. 1997, ch. 117, sec. 4, p. 302.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 47 - MUSEUM BOARDS › Section 31-4707 - EXPENSES OF BOARD MEMBERS.

31-4707. EXPENSES OF BOARD MEMBERS. The members of the county museum board shall be paid their actual and necessary expenses out of the funds provided for museum purposes, upon approval of claims for the same by the board of county commissioners.
History:
[31-4707, added 1990, ch. 393, sec. 1, p. 1105.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 48 - EMERGENCY COMMUNICATIONS ACT › Section 31-4804A - ESTABLISHMENT OF ENHANCED CONSOLIDATED EMERGENCY COMMUNICATIONS SYSTEMS OR NEXT GENERATION CONSOLIDATED EMERGENCY SYSTEMS.

31-4804A. ESTABLISHMENT OF ENHANCED CONSOLIDATED EMERGENCY COMMUNICATIONS SYSTEMS OR NEXT GENERATION CONSOLIDATED EMERGENCY SYSTEMS. (1) Any county or 911 service area that has established a basic consolidated emergency system may establish an enhanced consolidated emergency system or next generation consolidated emergency system by action of the governing board of the basic consolidated emergency system.
(2) The governing boards establishing enhanced consolidated emergency systems or next generation consolidated emergency systems shall request that wireless carriers serving such counties or 911 service areas collectively implement an enhanced consolidated emergency communications system within a reasonable time. When so requested, all wireless carriers serving such counties or 911 service areas shall implement enhanced consolidated emergency communications systems or next generation consolidated emergency systems within a reasonable time. The governing boards and wireless carriers shall enter into agreements that:
(a) Establish the scope and purpose of the proposed enhanced consolidated emergency communications systems and next generation consolidated emergency systems.
(b) Provide for an agreed-to level of reimbursement for telecommunications providers for the costs of wireless carriers resulting from their implementation and operation of enhanced emergency communications systems or next generation consolidated emergency systems that may include the acquisition, construction, financing, installation and operation of all equipment and facilities necessary to implement such systems.
(c) Provide that the agreed-to level of reimbursement for telecommunications providers for enhanced 911 service may include the costs and expenses incurred for designing, upgrading, purchasing, leasing, programming, installing, testing, or maintaining all necessary data, hardware and software required in order to provide such service as well as the recurring and nonrecurring costs of operating such service. All costs and expenses must be commercially reasonable.
(d) Provide that reimbursement to a telecommunications provider shall be nondiscriminatory and be made available to all other telecommunications providers.
Agreements shall provide for prompt reimbursement on invoices submitted by wireless carriers to the governing board.
History:
[31-4804A, added 2003, ch. 290, sec. 5, p. 789; am. 2016, ch. 127, sec. 4, p. 368.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 48 - EMERGENCY COMMUNICATIONS ACT › Section 31-4805 - ESTABLISHMENT OF JOINT POWERS BOARD FOR OPERATION OF EMERGENCY COMMUNICATIONS SERVICE.

31-4805. ESTABLISHMENT OF JOINT POWERS BOARD FOR OPERATION OF EMERGENCY COMMUNICATIONS SERVICE. Within one hundred eighty (180) days following voter approval of an emergency communications fee as provided in section 31-4803, Idaho Code, a governing board or administrator may be established under a joint powers agreement pursuant to sections 67-2326 through 67-2332, Idaho Code. Such joint powers board or administrator shall be responsible for establishing, maintaining, operating, enhancing and governing a consolidated emergency communications system. Providing an emergency communications service shall be considered a governmental function.
History:
[31-4805, added 1988, ch. 348, sec. 1, p. 1029; am. 2003, ch. 290, sec. 6, p. 790.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 48 - EMERGENCY COMMUNICATIONS ACT › Section 31-4806 - AUTHORIZATION FOR GOVERNING BOARD TO APPOINT OFFICIAL TO SUPERVISE EMERGENCY COMMUNICATIONS SERVICE IN THE ABSENCE OF JOINT POWERS AGREEMENT.

31-4806. AUTHORIZATION FOR GOVERNING BOARD TO APPOINT OFFICIAL TO SUPERVISE EMERGENCY COMMUNICATIONS SERVICE IN THE ABSENCE OF JOINT POWERS AGREEMENT. Whenever the electors approve imposing the emergency communications fee as provided in this chapter, but in the absence of an agreement to form a joint powers board or administrator as provided in this chapter, the governing board is hereby authorized to appoint an official or administrator to maintain, operate, enhance and govern a consolidated emergency communications system.
History:
[31-4806, added 1988, ch. 348, sec. 1, p. 1029; am. 1990, ch. 200, sec. 5, p. 451; am. 2003, ch. 290, sec. 7, p. 790.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 48 - EMERGENCY COMMUNICATIONS ACT › Section 31-4807 - RIGHT TO FEE NOT AFFECTED BY NONSERVICE.

31-4807. RIGHT TO FEE NOT AFFECTED BY NONSERVICE. All governmental entities within the county that have an already established emergency communications system using 911 call access, upon resolution duly adopted and approved and presented to the joint powers board or in their absence to the board of county commissioners, may ask that their existing emergency communication system area be excluded and such area shall be excluded from the county-wide emergency communications service but such exclusion shall not affect the right of the board of county commissioners to levy the fees as herein provided. No city or other agency shall establish an individual emergency communication system once a county-wide system as provided in this chapter has been adopted by the board of county commissioners. Whenever an area is excluded pursuant to this section, the board of county commissioners shall remit to the excluded entity one hundred percent (100%) of the fees collected in the excluded area as provided pursuant to this chapter. Any area excluded pursuant to this section may be subsequently included upon resolution duly adopted and approved and presented to the joint powers board or, in their absence, to the board of county commissioners.
History:
[31-4807, added 1988, ch. 348, sec. 1, p. 1029.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 48 - EMERGENCY COMMUNICATIONS ACT › Section 31-4808 - TERMINATION.

31-4808. TERMINATION. (1) Any county or joint powers board having adopted and established an emergency communications system as provided in this chapter may terminate the same for good cause.
(2) If, after the formation of any 911 service area of less than county-wide extent, the voters of the county approve 911 service for the entire county, the newly formed county-wide 911 service area shall assume all of the assets and liabilities of all 911 service areas existing in that county at the time of formation of the county-wide system. Existing 911 service areas shall have two (2) years from the date of the county-wide election to merge into the county-wide consolidated emergency communications system.
History:
[31-4808, added 1988, ch. 348, sec. 1, p. 1029; am. 1990, ch. 200, sec. 6, p. 452.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 48 - EMERGENCY COMMUNICATIONS ACT › Section 31-4809 - FUND AND APPROPRIATIONS.

31-4809. FUND AND APPROPRIATIONS. The county treasurer of each county or the administrator for a 911 service area in which an emergency communications system has been established pursuant to this chapter shall establish a fund to be designated the emergency communications fund in which all fees collected pursuant to this chapter, including fees distributed pursuant to section 31-4818(6), Idaho Code, shall be deposited and such fund shall be used exclusively for the purposes of this chapter. The moneys collected and the interest earned in this fund shall be appropriated by the county commissioners, or governing board, for expenses incurred by the emergency communications system as set forth in an annual budget prepared by the joint powers board, or in their absence, the county commissioners and incorporated into the annual county budget.
History:
[31-4809, added 1988, ch. 348, sec. 1, p. 1029; am. 1990, ch. 200, sec. 7, p. 452; am. 2013, ch. 224, sec. 1, p. 525.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 48 - EMERGENCY COMMUNICATIONS ACT › Section 31-4810 - EXISTING JOINT COUNTY-WIDE EMERGENCY DISPATCH SYSTEMS NOT AFFECTED.

31-4810. EXISTING JOINT COUNTY-WIDE EMERGENCY DISPATCH SYSTEMS NOT AFFECTED. Joint county-wide emergency dispatch systems that are in existence prior to July 1, 1987, shall not be affected by the provisions of this chapter. These emergency dispatch systems may continue to function as they have and shall be eligible to receive revenues generated by this chapter.
History:
[31-4810, added 1988, ch. 348, sec. 1, p. 1030.]