reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4911 - ELECTIONS — TERMS OF OFFICE.

67-4911. ELECTIONS — TERMS OF OFFICE. On an election date as provided for in section 34-106(1), Idaho Code, in May of the first odd-numbered year after the organization of any district, and every second year thereafter, an election shall be held, which shall be known as the biennial election of the district.
At the first biennial election in any district hereafter organized, and each sixth year thereafter, there shall be elected by the qualified electors of the district, one (1) member of the board to serve for a term of six (6) years; at the second biennial election and each sixth year thereafter, there shall be elected two (2) members of the board to serve for terms of six (6) years, and at the third biennial election, and each sixth year thereafter, there shall be elected two (2) members of the board to serve for terms of six (6) years. Provided, a member of the board once in office shall serve until his successor is elected, qualified and takes office.
Not later than 5:00 p.m. on the ninth Friday before any such election, nominations may be filed with the secretary of the board. The county clerk shall provide for holding such election and shall appoint judges to conduct it. The county clerk shall give notice of election by publication, and shall arrange such other details in connection therewith. Adequate polling places shall be provided throughout the district boundaries for all elections. The returns of the election shall be certified to and shall be canvassed and declared by the board of county commissioners which shall report the results to the district. The candidate or candidates, according to the number of directors to be elected, receiving the most votes, shall be elected. Any new member of the board shall qualify in the same manner as members of the first board qualify.
In any election for director, if after the deadline for filing a declaration of intent as a write-in candidate, it appears that the number of qualified candidates who have been nominated is equal to the number of directors to be elected, it shall not be necessary for the candidates to stand for election, and the board shall declare such candidates elected as directors, and the secretary of the board shall immediately make and deliver to such persons certificates of election signed by him and bearing the seal of the district.
History:
[67-4911, added 1959, ch. 137, sec. 11, p. 299; am. 1974, ch. 139, sec. 2, p. 1343; am. 1995, ch. 118, sec. 92, p. 504; am. 2001, ch. 258, sec. 4, p. 929; am. 2009, ch. 341, sec. 149, p. 1072; am. 2011, ch. 11, sec. 26, p. 37.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4913 - TAXES.

67-4913. TAXES. In addition to the other means providing revenue for such districts as herein provided, in those districts formed after January 1, 1987, or in those districts with twenty-five thousand (25,000) or fewer population, the board shall have power and authority to levy and collect property taxes on and against all taxable property within the district, provided said property taxes shall not exceed a levy of four-hundredths percent (.04%) of market value for assessment purposes for all levies provided in sections 67-4913, 67-4914, 67-4915, 67-4916 and 67-4917, Idaho Code; provided that for any auditorium district established after July 1, 2001, such property tax shall not exceed the maximum tax rate authorized in the petition. Districts with a population of more than twenty-five thousand (25,000) persons shall not have the power and authority to levy and collect property taxes on and against all taxable property within the district.
History:
[67-4913, added 1959, ch. 137, sec. 13, p. 299; am. 1978, ch. 21, sec. 1, p. 42; am. 1987, ch. 70, sec. 4, p. 134; am. 1998, ch. 21, sec. 5, p. 127; am. 2001, ch. 258, sec. 5, p. 930.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4914 - LEVY AND COLLECTION OF TAXES.

67-4914. LEVY AND COLLECTION OF TAXES. To levy and collect taxes as herein provided, the board of a district authorized to levy and collect ad valorem taxes shall, in each year, determine the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district, and shall fix a rate of levy which, when levied upon every dollar of market value for assessment purposes of taxable property within the district, and with other revenues will raise the amount required by the district annually, to supply funds for paying expenses of organization and the costs of construction, operating and maintaining the works and equipment of the district, and promptly to pay in full, when due, all interest on the principal of bonds and other obligations of the district, and in the event of accruing defaults or deficiencies, an additional levy may be made as provided in section 67-4915[, Idaho Code]. The board shall, on or before the first day of September of each year, certify to the board of county commissioners of each county within the district, or having a portion of its territory within the district, the rate so fixed with directions that at the time and in the manner required by law for levying taxes for county purposes, such board of county commissioners shall levy such tax upon the market value for assessment purposes of all taxable property within the district, in addition to such other taxes as may be levied by such board of county commissioners at the rate so fixed and determined.
History:
[67-4914, added 1959, ch. 137, sec. 14, p. 299; am. 1987, ch. 70, sec. 5, p. 134.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4915 - LEVIES TO COVER DEFAULTS AND DEFICIENCIES.

67-4915. LEVIES TO COVER DEFAULTS AND DEFICIENCIES. The board of a district authorized to levy and collect ad valorem taxes in certifying annual levies as herein provided, shall take into account the maturing indebtedness for the ensuing year as provided in its contracts, maturing bonds and interest on bonds, and deficiencies and defaults of prior years, and shall make ample provision for the payment thereof. In case the moneys produced from such levies, together with other revenues of the district are not sufficient punctually to pay the annual instalments on its contracts or bonds, and interest thereon, and to pay defaults and deficiencies, then the board shall make such additional levies of taxes as may be necessary for such purposes, and notwithstanding any limitations, such taxes shall be made and continue to be levied until the indebtedness of the district shall be fully paid.
History:
[67-4915, added 1959, ch. 137, sec. 15, p. 299; am. 1987, ch. 70, sec. 6, p. 135.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4916 - OFFICERS TO LEVY AND COLLECT TAXES.

67-4916. OFFICERS TO LEVY AND COLLECT TAXES. It shall be the duty of the body having authority to levy taxes within each county, to levy the taxes of a district authorized to levy and collect ad valorem taxes as provided in this act and it shall be the duty of all officials charged with the duty of collecting taxes to collect such taxes at the time and in the form and manner and with like interest and penalties as other taxes are collected and when collected to pay the same to the district ordering its levy and collection, and the payment of such collections shall be made monthly to the treasurer of the district and paid into the depository thereof to the credit of the district.
History:
[67-4916, added 1959, ch. 137, sec. 16, p. 299; am. 1978, ch. 276, sec. 5, p. 671; am. 1987, ch. 70, sec. 7, p. 135.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4917 - SINKING FUND.

67-4917. SINKING FUND. Whenever any indebtedness has been incurred by a district authorized to levy and collect ad valorem taxes, it shall be lawful for the board to levy taxes and collect revenue for the purpose of creating a reserve fund in such amount as the board may determine, which may be used to meet the obligations of the district, for maintenance and operating charges and depreciation, and provide extensions of and betterments to the improvements of the district.
History:
[67-4917, added 1959, ch. 137, sec. 17, p. 299; am. 1987, ch. 70, sec. 8, p. 135.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4917A - PURPOSES.

67-4917A. PURPOSES. The purposes of this act are to provide authority to auditorium or community center districts organized under chapter 49, title 67, Idaho Code, to levy and collect a "hotel/motel room sales tax" on the receipts derived by hotels and motels within the district from the furnishing of hotel and motel rooms, except no tax shall be imposed where residence therein is maintained continuously under the terms of a lease or similar agreement for a period in excess of thirty (30) days; and to provide for the levy of such sales tax in addition to the levy by a district authorized to levy and collect ad valorem taxes; and to provide for the collection, administration and remittance of said taxes by the state tax commission on behalf of an auditorium or community center district.
History:
[67-4917A, added 1978, ch. 277, sec. 1, p. 673; am. 1987, ch. 70, sec. 9, p. 136; am. 1988, ch. 174, sec. 3, p. 305.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4917B - HOTEL/MOTEL ROOM SALES TAX.

67-4917B. HOTEL/MOTEL ROOM SALES TAX. The board shall have power and authority to levy a sales tax of not to exceed five percent (5%) of the receipts derived by hotels and motels within the district from the furnishing of hotel and motel rooms, except no tax shall be imposed where residence therein is maintained continuously under the terms of a lease or similar agreement for a period in excess of thirty (30) days, and except that no tax shall be charged on the sale of rooms by the Idaho Ronald McDonald House; provided that for any auditorium district established after July 1, 2001, such sales tax shall not exceed the maximum tax rate authorized in the petition. The levy and collection of said sales tax shall not be subject to the limitations or other provisions of sections 67-4913, 67-4914, 67-4915 and 67-4916, Idaho Code. The revenues received by the district from such sales tax shall be deposited in the depository of the district. Promptly following the adoption by the board of the resolution to levy such tax, the secretary of the board shall certify to the state tax commission that such levy has been adopted and shall state the effective date thereof and shall transmit to the commission a certified copy of such resolution. The effective date of any such levy shall not be earlier than the first day of the month not less than sixty (60) days following certification of such levy to the commission.
History:
[67-4917B, added 1978, ch. 277, sec. 2, p. 674; am. 1987, ch. 70, sec. 10, p. 136; am. 1988, ch. 174, sec. 4, p. 305; am. 1995, ch. 219, sec. 1, p. 762; am. 2001, ch. 258, sec. 6, p. 931.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4917C - COLLECTION AND ADMINISTRATION OF HOTEL/MOTEL ROOM SALES TAX BY STATE TAX COMMISSION — DISTRIBUTION.

67-4917C. COLLECTION AND ADMINISTRATION OF HOTEL/MOTEL ROOM SALES TAX BY STATE TAX COMMISSION — DISTRIBUTION. (1) A district which has levied a sales tax pursuant to section 67-4917B, Idaho Code, may contract with the state tax commission for the collection and administration of the tax in like manner, and under the definitions and rules of said commission for the collection and administration of the state sales tax under chapter 36, title 63, Idaho Code, on receipts from the furnishing of hotel and motel rooms. A district which levies such tax shall have the right to review and audit the records of collection thereof maintained by the commission and the returns of hotel and motel owners and operators. Alternatively, such district shall have authority to administer and collect such tax.
(2) All revenues collected by the tax commission pursuant to section 67-4917B, Idaho Code, shall be distributed as follows:
(a) An amount of money shall be distributed to the state refund account sufficient to pay current refund claims. All refunds authorized by the tax commission to be paid shall be paid through the state refund account and those moneys are continuously appropriated.
(b) An amount of money equal to the actual cost of the collection and administration of the tax imposed by the provisions of this section shall be retained by the tax commission. The amount retained by the commission shall not exceed the amount authorized to be expended by appropriation by the legislature. Any unencumbered balance in excess of the actual cost at the end of each fiscal year shall be distributed as provided by paragraph (c) of this subsection.
(c) All remaining moneys received pursuant to this chapter shall be placed in an account designated by the state controller and remitted monthly to the district levying the tax.
History:
[67-4917C, added 1978, ch. 277, sec. 3, p. 674; am. 1979, ch. 101, sec. 1, p. 246; am. 1986, ch. 73, sec. 20, p. 219; am. 1994, ch. 180, sec. 217, p. 555.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4918 - INCLUSION OF PROPERTY PETITIONED — HEARING — ORDER.

67-4918. INCLUSION OF PROPERTY PETITIONED — HEARING — ORDER. The boundaries of any district organized under the provisions of this act may be changed in the manner herein prescribed, but the change of boundaries of the district shall not impair or affect its organization or its rights in or to property, or any of its rights or privileges whatsoever, except that no district organized prior to January 1, 1987, shall ever have the power to levy and collect property taxes, even though the boundaries of the district may be adjusted to reduce the population of the district to less than one hundred thousand (100,000); nor shall it affect or impair or discharge any contract, obligation, lien or charge for or upon which it might be liable or chargeable had any such change of boundaries not been made; and provided further, no auditorium district established after July 1, 2001, shall levy or impose a type of tax not authorized in the petition.
History:
[67-4918, added 1959, ch. 137, sec. 18, p. 299; am. 1987, ch. 70, sec. 11, p. 136; am. 2001, ch. 258, sec. 7, p. 931.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4919 - EXCLUSION OF PROPERTY PETITIONED — HEARING — ORDER.

67-4919. EXCLUSION OF PROPERTY PETITIONED — HEARING — ORDER. The owner or owners in fee of any real property constituting a portion of the district may file with the board a petition praying that such lands be excluded and taken from said district. Petitions shall describe the property which the petitioners desire to have excluded. Such petition must be acknowledged in the same manner and form as required in case of a conveyance of land and be accompanied by a deposit of money sufficient to pay all costs of the exclusion proceedings. The secretary of the board shall cause a notice of filing of such petition to be published in the county in which said property or the major portion thereof is located. The notice shall state the filing of such petition, the names of petitioners, description of the property mentioned in said petition, and the prayer of said petitioners; and it shall notify all persons interested to appear at the office of said board at the time named in said notice, showing cause in writing, if any they have, why said petition should not be granted. The board at the time and place mentioned in the notice, or at the time or times at which the hearing of said petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any person showing cause as aforesaid, why the prayer of the petition should not be granted. The filing of such petition shall be deemed and taken as an assent by each and all such petitioners to the exclusion from the district of the property mentioned in the petition or any part thereof. The board, if it deems it not for the best interests of the district that the property mentioned in the petition, or portion thereof, shall be excluded from the district, shall order that said petition be denied, but if it deems it for the best interest of the district that the property mentioned in the petition, or some portion thereof, be excluded from the district, then the board may order the property mentioned in the petition or some portion thereof, excluded from the district. Upon allowance of such petition, the board shall file a certified copy of the order of the board making such a change with the clerk of the court and upon order of the court said property shall be excluded from the district.
History:
[67-4919, added 1959, ch. 137, sec. 19, p. 299.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4920 - LIABILITY OF PROPERTY INCLUDED OR EXCLUDED.

67-4920. LIABILITY OF PROPERTY INCLUDED OR EXCLUDED. All real property included within, or excluded from, a district authorized to levy and collect ad valorem taxes shall thereafter be subject to the levy of taxes for the payment of any indebtedness of the district outstanding at the time of inclusion or exclusion.
History:
[67-4920, added 1959, ch. 137, sec. 20, p. 299; am. 1987, ch. 70, sec. 12, p. 137.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4921 - ISSUANCE OF NEGOTIABLE COUPON BONDS — FORM AND TERMS.

67-4921. ISSUANCE OF NEGOTIABLE COUPON BONDS — FORM AND TERMS. To carry out the purposes of this act, and to pay the necessary and ordinary expenses of a district authorized to levy and collect ad valorem taxes, the board is hereby authorized to issue negotiable coupon bonds of the district. Bonds shall bear interest at a rate not exceeding that provided by law payable semi-annually, and shall be due and payable serially, either annually or semi-annually, commencing not later than three (3) years and extending not more than thirty (30) years from date. The form and terms of said bonds, including provisions for their payment and redemption, shall be determined by the board. If the board so determines, such bonds may be redeemable prior to maturity upon payment of a premium, not exceeding five per cent (5%) of the principal thereof. Said bonds shall be executed in the name of and on behalf of the district and signed by the chairman of the board with the seal of the district affixed thereto and attested by the secretary of the board. Said bonds shall be in such denominations as the board shall determine and the bonds and coupons thereto attached shall be payable to bearer. Interest coupons shall bear the original or facsimile signature of the chairman of the board.
History:
[67-4921, added 1959, ch. 137, sec. 21, p. 299; am. 1970, ch. 133, sec. 20, p. 309; am. 1978, ch. 276, sec. 6, p. 671; am. 1987, ch. 70, sec. 13, p. 137.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4922 - SUBMISSION OF PROPOSITION TO ELECTORATE.

67-4922. SUBMISSION OF PROPOSITION TO ELECTORATE. Whenever any board authorized to levy and collect property taxes shall, by resolution, determine that the interest of said district and the public interest or necessity demand the acquisition, construction, installation or completion of any works or other improvements or facilities, or the making of any contract with the United States or other persons or corporations, public or private, municipalities, or governmental subdivisions, to carry out the objects or purposes of said district, requiring the creation of an indebtedness of seventy-five thousand dollars ($75,000) or more, and in any event when the indebtedness will exceed the income and revenue provided for the year, said board shall order the submission of the proposition of issuing such obligations or bonds, or creating other indebtedness to the qualified electors of the district at an election held for that purpose. The declaration of public interest or necessity herein required and the provision for the holding of such election may be included within one and the same resolution, which resolution, in addition to such declaration of public interest or necessity, shall recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the works or improvements, as the case may be, the amount of principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on such indebtedness. Such resolution shall also fix the date upon which such election shall be held, subject to the provisions of section 34-106, Idaho Code, and the manner of holding the same in accordance with the provisions of title 34, Idaho Code, and the method of voting for or against the incurring of the proposed indebtedness. Such resolution shall direct the county clerk to designate the polling place or places, and appoint judges of each polling place.
History:
[67-4922, added 1959, ch. 137, sec. 22, p. 299; am. 1974, ch. 139, sec. 3, p. 1343; am. 1987, ch. 70, sec. 14, p. 137; am. 1995, ch. 118, sec. 93, p. 505; am. 2009, ch. 341, sec. 150, p. 1072.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4922A - LEASING OF LAND AND IMPROVEMENTS.

67-4922A. LEASING OF LAND AND IMPROVEMENTS. No provision of chapter 49, title 67, Idaho Code, shall be construed to prevent the board from entering into a lease for improvements and for real estate for any period in their discretion, not to exceed thirty (30) years, and the board may contract for the leasing of improvements to be constructed upon premises owned by the district or otherwise, and the contract may also provide that at the expiration of the term of the lease, upon full performance of such lease by the district, the improvements and/or real estate, or so much thereof as is leased, may become the property of the district.
History:
[67-4922A, added 1978, ch. 276, sec. 7, p. 671; am. 1987, ch. 70, sec. 15, p. 138.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4923 - NOTICE OF ELECTION.

67-4923. NOTICE OF ELECTION. The board of a district authorized to levy and collect property taxes shall prescribe the form of the notice of election, and direct the publication of the same, the first publication of said notice to be as prescribed in chapter 14, title 34, Idaho Code.
History:
[67-4923, added 1959, ch. 137, sec. 23, p. 299; am. 1987, ch. 70, sec. 16, p. 138; am. 1995, ch. 118, sec. 94, p. 505; am. 2009, ch. 341, sec. 151, p. 1073.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4924 - CONDUCT OF ELECTION — CANVASS OF RETURNS.

67-4924. CONDUCT OF ELECTION — CANVASS OF RETURNS. The county clerk shall conduct the election in the manner prescribed by the provisions of chapter 14, title 34, Idaho Code, and the returns thereof shall be canvassed and the results certified by the county clerk who shall report the results to the district.
History:
[67-4924, added 1959, ch. 137, sec. 24, p. 299; am. 1987, ch. 70, sec. 17, p. 139; am. 1995, ch. 118, sec. 95, p. 506; am. 2009, ch. 341, sec. 152, p. 1073.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4925 - EFFECT OF ELECTION — SUBSEQUENT ELECTIONS.

67-4925. EFFECT OF ELECTION — SUBSEQUENT ELECTIONS. In the event that it shall appear from said returns that the necessary percentage (as now specified by the constitution of the state of Idaho or as the same may hereafter be amended) of said qualified electors of the district authorized to levy and collect ad valorem taxes who shall have voted on any proposition submitted hereunder at such election voted in favor of such proposition, the district shall thereupon be authorized to incur such indebtedness or obligations, enter into such contract, or issue and sell such bonds of the district, as the case may be, all for the purpose or purposes and object or objects provided for in the proposition submitted hereunder and in the resolution therefor, and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in such resolution. Submission of the proposition of incurring such obligation or bonded or other indebtedness at such an election shall not prevent or prohibit submission of the same or other propositions at subsequent election or elections called for such purpose.
History:
[67-4925, added 1959, ch. 137, sec. 25, p. 299.; am. 1978, ch. 276, sec. 8, p. 672; am. 1987, ch. 70, sec. 18, p. 139.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4926 - CORRECTION OF FAULTY NOTICES.

67-4926. CORRECTION OF FAULTY NOTICES. In any and every case where a notice is provided for in this act, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated, but the court shall in that case order due notice to be given and shall continue the hearing until such time as notice shall be properly given, and thereupon shall proceed as though notice has [had] been properly given in the first instance.
History:
[67-4926, added 1959, ch. 137, sec. 26, p. 299.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4928 - ELECTIONS — VALIDATION OF ACTS.

67-4928. ELECTIONS — VALIDATION OF ACTS. Whenever any auditorium district organized under the provisions of chapter 49, title 67, Idaho Code, shall have failed to hold any election provided for in section 67-4911, Idaho Code, for the election of a member or members of the board of directors, the board of directors of said district may order an election to be held, subject to the provisions of section 34-106, Idaho Code, in said district for such purpose at such time as may be fixed by resolution of the board.
Whenever any auditorium district has been heretofore created pursuant to the provisions of chapter 49, title 67, Idaho Code, all proceedings had in connection with the creation of such district and the organization of the governing body and all acts and proceedings heretofore taken by such district or its governing body are hereby validated, ratified and declared to be binding and effective in accordance with their terms, notwithstanding any failure to have held and conducted any election of members of the board of directors of said district.
History:
[67-4928, added I.C., sec. 67-4928, as added by S.L. 1974, ch. 139, sec. 5, p. 1343; am. 1995, ch. 118, sec. 96, p. 506.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 49 - AUDITORIUM DISTRICTS › Section 67-4929 - INCLUSION OR EXCLUSION — ELECTION PROCEDURE.

67-4929. INCLUSION OR EXCLUSION — ELECTION PROCEDURE. Whenever under the provisions of sections 67-4918 and 67-4919, Idaho Code, owners or owners in fee of any real property have petitioned for inclusion or exclusion of property within the district, and the petition has been denied, the petitioners shall be entitled to an election as provided in this section:
(a) A petition may be filed with the county commissioners and shall be signed by not less than eighty percent (80%) of the qualified electors resident within the boundaries of the area proposed to be included or excluded.
(b) Within thirty (30) days after the filing of such petition, the county commissioners shall determine whether or not the same substantially complies with the requirements of this section. If the county commissioners find that there has not been substantial compliance with such requirements, they shall enter an order to that effect specifying the particular deficiencies and dismissing the petition. If the county commissioners find that there has been substantial compliance with such requirements, the county commissioners shall forthwith enter an order to the effect that the question of the inclusion or exclusion of property within the district be placed on the ballot at the next county general election.
(c) If the county commissioners order a question to be placed on the ballot as provided in this section, such election shall be conducted and notice thereof given by the county clerk in accordance with the provisions of title 34, Idaho Code.
(d) Immediately after such election, the county commissioners shall canvass the vote as provided in chapter 12, title 34, Idaho Code. If one-half (1/2) or more of the votes cast at such election within the district are in favor of allowing the inclusion or exclusion, the county commissioners shall enter an order so finding and declaring that the boundaries of such district are revised as provided by the election. The county commissioners shall cause one (1) certified copy of such order to be filed in the office of the county recorder of such county. Immediately upon the entry of such order, the change in boundaries so ordered shall be complete.
(e) After such election, the validity of the proceedings hereunder shall not be affected by any defect in the petition or in the number or qualifications of the signers thereof, and in no event shall any action be commenced or maintained or defense made affecting the validity of the inclusion or exclusion of such property after six (6) months has expired from the date of entering the order declaring the change in boundaries of such district.
(f) The provisions of section 67-4920, Idaho Code, relating to liability for indebtedness of included or excluded property of a district authorized to levy and collect property taxes shall apply to property included or excluded as provided in this section.
History:
[67-4929, added 1975, ch. 154, sec. 1, p. 395; am. 1987, ch. 70, sec. 19, p. 139; am. 2009, ch. 341, sec. 153, p. 1073.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 50 - COMMISSION ON AGING › Section 67-5001 - CREATION OF COMMISSION ON AGING — COMPOSITION — APPOINTMENT.

67-5001. CREATION OF COMMISSION ON AGING — COMPOSITION — APPOINTMENT. There is hereby established in the executive office of the governor the Idaho commission on aging, hereafter referred to as the "commission," which shall have the duties, powers, and authorities as provided in this act. The board of commissioners shall consist of seven (7) members to be appointed by the governor of the state of Idaho, hereafter referred to singly as a "commissioner" or collectively as "commissioners," who shall hold office during the pleasure of the governor and who shall be subject to removal by the governor. No commissioner shall hold any other elective or appointive office, state, county or municipal, or any office in any political party organization. Not more than four (4) commissioners shall at any time belong to the same political party. At least four (4) commissioners must be age sixty (60) years or older. Each of the commissioners shall be a citizen of the United States, and of the state of Idaho, and shall be appointed to assure appropriate geographic representation of the state of Idaho.
The commissioners shall be appointed for a term of four (4) years; provided, that in the case of death of any commissioner, or his or her removal from office as hereinbefore provided, the governor shall appoint a successor from the same geographic area. All commissioners shall be appointed for a term of four (4) years on a staggered basis. No commissioner shall serve more than two (2) consecutive terms, except that a commissioner appointed to fill an unexpired term may be appointed to two (2) additional full terms.
History:
[67-5001, added 1995, ch. 189, sec. 2, p. 677; am. 2002, ch. 47, sec. 1, p. 108.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 50 - COMMISSION ON AGING › Section 67-5002 - ORGANIZATION — MEETINGS — QUORUM — COMPENSATION — EXPENSES.

67-5002. ORGANIZATION — MEETINGS — QUORUM — COMPENSATION — EXPENSES. (1) The commissioners shall oversee the duties, powers and authorities of the commission.
(2) The commissioners shall elect a chairman and vice-chairman at its first meeting. Thereafter, the chairman and vice-chairman shall be elected during the first meeting of each calendar year. The commissioners shall meet at least once every three (3) months and at such times as may be called by the chairman. A majority of the commissioners shall constitute a quorum for the transaction of business, or for the exercise of any power.
(3) Each commissioner shall be compensated as provided in section 59-509(h), Idaho Code.
History:
[67-5002, added 1995, ch. 189, sec. 2, p. 677; am. 2002, ch. 47, sec. 2, p. 108.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 50 - COMMISSION ON AGING › Section 67-5003 - POWERS AND DUTIES OF COMMISSION.

67-5003. POWERS AND DUTIES OF COMMISSION. The Idaho commission on aging administrator and staff shall carry out the following powers and duties, in consultation with the commissioners:
(1) Serve as an advocate within state government and the community for older Idahoans;
(2) Serve as an advisory body regarding state legislative issues affecting older Idahoans;
(3) In accordance with chapter 52, title 67, Idaho Code, promulgate, adopt, amend and rescind rules related to programs and services administered by the commission;
(4) Enter into funding agreements as grants and contracts within the limits of appropriated funds to carry out programs and services for older Idahoans;
(5) Conduct public hearings and evaluations to determine the health and social needs of older Idahoans, and determine the public and private resources to meet those needs;
(6) Designate "planning and service areas" and area agencies on aging in accordance with the older Americans act and federal regulations promulgated thereunder. The commission shall review the boundaries of the "planning and service areas" periodically and shall change them as necessary;
(7) On or before the first day of December in 1995 and each year thereafter, submit a report to the governor and the legislature of its accomplishments and recommendations for improvements of programs and services for older Idahoans;
(8) Administer and perform any other related functions or activities assigned to the commission by the governor.
History:
[67-5003, added 1995, ch. 189, sec. 2, p. 677; am. 2002, ch. 47, sec. 3, p. 108.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 50 - COMMISSION ON AGING › Section 67-5004 - ADMINISTRATOR — APPOINTMENT AND TERM.

67-5004. ADMINISTRATOR — APPOINTMENT AND TERM. An administrator of the Idaho commission on aging shall be appointed by the governor. The appointment shall be subject to confirmation by the senate. The administrator may be removed by the governor at will. The administrator’s compensation shall be fixed by the governor within the limits of appropriations available to the office and based upon an annual performance evaluation by the commission.
History:
[67-5004, added 1995, ch. 189, sec. 2, p. 677; am. 2002, ch. 47, sec. 4, p. 109.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 50 - COMMISSION ON AGING › Section 67-5005 - LEGISLATIVE INTENT.

67-5005. LEGISLATIVE INTENT. The legislature hereby finds and recognizes the need to provide basic necessities to its older people in their later years and particularly in providing efficient community services, including access transportation, adequate nutrition, in-home services, and adult day care, designed to permit its older people to remain independent and to be able to avoid institutionalization; and that these services be provided in a coordinated manner and be readily available when needed and accessible to all older people.
This act shall be known as the "Idaho Senior Services Act."
History:
[67-5005, added 1976, ch. 305, sec. 1, p. 1046; am. 1982, ch. 67, sec. 3, p. 132; am. 1989, ch. 117, sec. 1, p. 262.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 50 - COMMISSION ON AGING › Section 67-5007 - GRANTS TO AND CONTRACTS WITH LOCAL AREA AGENCIES.

67-5007. GRANTS TO AND CONTRACTS WITH LOCAL AREA AGENCIES. The commission shall, based on the recommendations of the local area councils on aging, enter into funding agreements as grants or contracts with designated local area agencies, as provided by the Older Americans Act of 1965, as amended, for the purpose of the agencies issuing contracts at the local level to provide the services listed in section 67-5008, Idaho Code. Such grants or contracts shall be subject to performance and financial audit by the agency in conformance with state practices and statutes.
History:
[67-5007, added 1976, ch. 305, sec. 3, p. 1047; am. 1982, ch. 67, sec. 5, p. 133; am. 1995, ch. 189, sec. 3, p. 678; am. 1999, ch. 13, sec. 2, p. 19.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 50 - COMMISSION ON AGING › Section 67-5008 - PROGRAMS FOR OLDER PERSONS.

67-5008. PROGRAMS FOR OLDER PERSONS. The commission shall upon reviewing recommendations from local area councils on aging, as required by the Older Americans Act of 1965, as amended, allocate to local designated area agencies grants or contracts for the following purposes:
(1) Transportation — For operating expenses only.
(2) Congregate meals — For direct costs to provide nutritionally balanced meals to older persons at congregate meal sites.
(3) In-home services — For direct provision of case management, homemaker, chore, telephone reassurance, home delivered meals, friendly visiting, shopping assistance, in-home respite and other in-home services to older persons living in noninstitutional circumstances. Fees for specific services shall be based upon a variable schedule, according to rules established by the Idaho commission on aging, based upon ability to pay for such services.
(4) Adult day care — For direct services to older persons and their caregivers.
(5) Ombudsman — For provision of ombudsman services as described in section 67-5009, Idaho Code.
History:
[67-5008, added 1976, ch. 305, sec. 4, p. 1047; am. 1982, ch. 67, sec. 6, p. 133; am. 1989, ch. 117, sec. 3, p. 263; am. 1995, ch. 189, sec. 4, p. 679; am. 1999, ch. 13, sec. 3, p. 20; am. 2000, ch. 34, sec. 1, p. 62; am. 2006, ch. 201, sec. 1, p. 617.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 50 - COMMISSION ON AGING › Section 67-5010 - GRANTS OR CONTRACTS FOR DEMONSTRATION PROJECTS.

67-5010. GRANTS OR CONTRACTS FOR DEMONSTRATION PROJECTS. The commission may, based on needs identified in Idaho’s community based service system for the elderly through its state planning process and at its discretion, enter into grants or contracts with area agencies or service providers to demonstrate new or more effective methods of delivering the services listed in section 67-5008, Idaho Code. These one (1) time demonstration grants or contracts will not adversely affect the grants or contracts provided to local area agencies on aging described in section 67-5007, Idaho Code.
History:
[67-5010, added 1989, ch. 117, sec. 4, p. 263; am. 1995, ch. 189, sec. 6, p. 681; am. 1999, ch. 13, sec. 5, p. 22.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 50 - COMMISSION ON AGING › Section 67-5011 - ADULT PROTECTIVE SERVICES.

67-5011. ADULT PROTECTIVE SERVICES. Adult protective services for vulnerable adults shall be administered through the commission. Adult protective services are specialized social services directed toward assisting vulnerable adults who are unable to manage their own affairs, carry out the activities of daily living or protect themselves from abuse, neglect or exploitation. For the purposes of implementing the provisions of this section, the commission shall assume all responsibilities cited in chapter 53, title 39, Idaho Code, entitled "adult abuse, neglect and exploitation act."
History:
[67-5011, added 1996, ch. 78, sec. 10, p. 252; am. 2019, ch. 43, sec. 9, p. 121.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 51 - JURISDICTION IN INDIAN COUNTRY › Section 67-5101 - STATE JURISDICTION FOR CIVIL AND CRIMINAL ENFORCEMENT CONCERNING CERTAIN MATTERS ARISING IN INDIAN COUNTRY.

67-5101. STATE JURISDICTION FOR CIVIL AND CRIMINAL ENFORCEMENT CONCERNING CERTAIN MATTERS ARISING IN INDIAN COUNTRY. The state of Idaho, in accordance with the provisions of 67 Statutes at Large, page 589 (Public Law 280) hereby assumes and accepts jurisdiction for the civil and criminal enforcement of state laws and regulations concerning the following matters and purposes arising in Indian country located within this state, as Indian country is defined by title 18, United States Code 1151, and obligates and binds this state to the assumption thereof:
A. Compulsory school attendance
B. Juvenile delinquency and youth rehabilitation
C. Dependent, neglected and abused children
D. Insanities and mental illness
E. Public assistance
F. Domestic relations
G. Operation and management of motor vehicles upon highways and roads maintained by the county or state, or political subdivisions thereof.
History:
[67-5101, added 1963, ch. 58, sec. 1, p. 224.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 51 - JURISDICTION IN INDIAN COUNTRY › Section 67-5102 - ADDITIONAL STATE JURISDICTION WITH CONSENT OF TRIBE GOVERNING BODY.

67-5102. ADDITIONAL STATE JURISDICTION WITH CONSENT OF TRIBE GOVERNING BODY. Additional state jurisdiction in criminal and civil causes of action may be extended to particular reservations or Indian country with the consent of the governing body of the tribe occupying the Indian country effected [affected] by the assumption of such additional jurisdiction. This may be achieved by negotiation with the tribe or by unilateral action by the tribe. In every case the extent of such additional jurisdiction shall be determined by a resolution of the tribal governing body and become effective upon the tribe’s transmittal of the resolution to the attorney general of the state of Idaho. Such resolution may effectively accept jurisdiction as to any particular field of criminal or civil jurisdiction. All state jurisdiction extended by virtue of this act shall be concurrent (and not exclusive) with jurisdiction in the same matters existing in the tribes or the federal government.
History:
[67-5102, added 1963, ch. 58, sec. 2, p. 224.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 51 - JURISDICTION IN INDIAN COUNTRY › Section 67-5103 - MATTERS EXCEPTED FROM STATE JURISDICTION.

67-5103. MATTERS EXCEPTED FROM STATE JURISDICTION. Nothing in this act shall authorize the alienation, encumbrance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; or shall authorize regulation of the use of such property in a manner inconsistent with any federal treaty, agreement, or statute or with any regulation made pursuant thereto; or shall confer jurisdiction upon the state to adjudicate, in probate proceedings or otherwise, the ownership or right to possession of such property or any interest therein; or shall deprive any Indian or any Indian tribe, band, or community of any right, privilege, or immunity afforded under federal treaty, agreement, statute, or executive order with respect to Indian land grants, hunting, trapping or fishing or the control, licensing, or regulation thereof.
History:
[67-5103, added 1963, ch. 58, sec. 3, p. 224.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5202 - OFFICE OF THE ADMINISTRATIVE RULES COORDINATOR.

67-5202. OFFICE OF THE ADMINISTRATIVE RULES COORDINATOR. (1) There is hereby established the office of the administrative rules coordinator in the division of financial management. The coordinator shall be a nonclassified employee and shall be appointed by and serve at the pleasure of the administrator of the division of financial management. All other employees of the office of the administrative rules coordinator shall be nonclassified positions, and any persons employed to fill positions in the office of the administrative rules coordinator thereafter shall be exempt from the provisions of chapter 53, title 67, Idaho Code.
(2) The coordinator shall have the authority to make clerical revisions or to correct manifest typographical or grammatical errors to both proposed and existing rules that do not alter the sense, meaning or effect of such rules.
(3) The coordinator shall receive all notices and rules required in this chapter to be published in the bulletin or the administrative code. The coordinator shall prescribe a uniform style, form, and numbering system which shall apply to all rules adopted by all agencies. The coordinator shall review all submitted rules for style, form, and numbering and may return a rule that is not in proper style, form, or number.
History:
[67-5202, added 1992, ch. 263, sec. 2, p. 788; am. 1994, ch. 180, sec. 218, p. 555; am. 1996, ch. 119, sec. 1, p. 433; am. 2008, ch. 183, sec. 1, p. 555; am. 2019, ch. 74, sec. 1, p. 173.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5203 - PUBLICATION OF ADMINISTRATIVE BULLETIN.

67-5203. PUBLICATION OF ADMINISTRATIVE BULLETIN. (1) All documents required or authorized in this chapter or by other provision of law to be published shall initially be published electronically in the bulletin. The bulletin shall be published electronically by the administrative rules coordinator not less frequently than the first Wednesday of each calendar month, but not more frequently than every other week.
(2) The bulletin shall contain all previously unpublished documents filed with the coordinator in compliance with a publication schedule established by the coordinator.
(3) Each issue of the bulletin shall contain a table of contents. A cumulative index shall be published at least every three (3) months.
(4) The following documents, if not required to be otherwise published, shall be published in the bulletin:
(a) All executive orders of the governor;
(b) Agency notices of intent to promulgate rules, notices of proposed rules, and the text of all proposed and pending rules, together with any explanatory material supplied by the agency;
(c) All agency documents required by law to be published in the bulletin; and
(d) Any legislative documents affecting a final agency rule.
(5) The text of all documents published electronically in the bulletin shall be the official text of that document until the document has been published in the administrative code. Judicial notice shall be taken of all documents published electronically in the bulletin.
History:
[67-5203, added 1992, ch. 263, sec. 3, p. 789; am. 1993, ch. 216, sec. 102, p. 672; am. 1993, ch. 245, sec. 1, p. 854; am. 1994, ch. 371, sec. 1, p. 1194; am. 1996, ch. 161, sec. 2, p. 532; am. 2010, ch. 21, sec. 1, p. 37.]