reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 21 - COUNTY TREASURER AND TAX COLLECTOR › Section 31-2127 - INVESTMENT OF FUNDS.

31-2127. INVESTMENT OF FUNDS. The county treasurer is authorized and empowered to invest surplus or idle funds pursuant to section 57-127, Idaho Code, in investments permitted by section 67-1210, Idaho Code. The county treasurer may also invest in investments listed in section 67-1210A, Idaho Code, through the state treasurer pursuant to a joint exercise of powers agreement.
History:
[31-2127, added 2023, ch. 19, sec. 1, p. 130.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2201 - PROCESS AND NOTICE DEFINED.

31-2201. PROCESS AND NOTICE DEFINED. "Process" as used in this chapter includes all writs, warrants, summons and orders of courts of justice or judicial officers.
"Notice" includes all papers and orders (except process) required to be served in any proceeding before any court, board or officer, or when required by law to be served independently of such proceeding.
History:
[(31-2201) R.S., sec. 1870; am. and reen. R.C. & C.L., sec. 2023; C.S., sec. 3595; I.C.A., sec. 30-1701.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2203 - PROCESS RETURNABLE TO ANOTHER COUNTY.

31-2203. PROCESS RETURNABLE TO ANOTHER COUNTY. When process or notices are returnable to another county, he may inclose such process or notice in an envelope addressed to the officer from whom the same emanated, and deposit it in the post-office, prepaying postage.
History:
[(31-2203) 1863, p. 475, sec. 7; R.S., sec. 1872; reen. R.C. & C.L., sec. 2025; C.S., sec. 3597; I.C.A., sec. 30-1703.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2204 - RETURN IS PRIMA FACIE EVIDENCE.

31-2204. RETURN IS PRIMA FACIE EVIDENCE. The return of the sheriff upon process or notices is prima facie evidence of the facts in such return stated.
History:
[(31-2204) R.S., sec. 1873; reen. R.C. & C.L., sec. 2026; C.S., sec. 3598; I.C.A., sec. 30-1704.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2205 - PENALTY FOR FAILURE TO RETURN.

31-2205. PENALTY FOR FAILURE TO RETURN. If the sheriff does not return a notice or process in his possession with the necessary indorsement thereon without delay, he is liable to the party aggrieved for the sum of $200.00 and for all damages sustained by him.
History:
[(31-2205) 1863, p. 475, sec. 6; R.S., sec. 1874; reen. R.C. & C.L., sec. 2027; C.S., sec. 3599; I.C.A., sec. 30-1705.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2206 - REFUSAL TO LEVY EXECUTION.

31-2206. REFUSAL TO LEVY EXECUTION. If the sheriff to whom a writ of execution is delivered neglects or refuses, after being required by the creditor or his attorney, to levy upon or sell any property of the party charged in the writ which is liable to be levied upon and sold, he is liable to the creditor for the value of such property.
History:
[(31-2206) 1863, p. 475, sec. 8; R.S., sec. 1875; reen. R.C. & C.L., sec. 2028; C.S., sec. 3600; I.C.A., sec. 30-1706.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2207 - REFUSAL TO PAY OVER MONEY.

31-2207. REFUSAL TO PAY OVER MONEY. If he neglects or refuses to pay over, on demand, to the person entitled thereto, any money which may come into his hands by virtue of his office (after deducting his legal fees) the amount thereof, with twenty-five per cent (25%) damages and interest at the rate of ten per cent (10%) per month from the time of demand, may be recovered by such person.
History:
[(31-2207) 1863, p. 475, sec. 9; R.S., sec. 1876; reen. R.C. & C.L., sec. 2029; C.S., sec. 3601; I.C.A., sec. 30-1707.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2211 - DIRECTIONS MUST BE IN WRITING.

31-2211. DIRECTIONS MUST BE IN WRITING. No direction or authority by a party or his attorney to a sheriff, in respect to the execution of process or return thereof, or to any act or omission relating thereto, is available to discharge or excuse the sheriff from a liability for neglect or misconduct, unless it is contained in a writing, signed by the attorney of the party, or by the party if he has no attorney.
History:
[(31-2211) 1863, p. 475, sec. 45; R.S., sec. 1880; reen. R.C. & C.L., sec. 2033; C.S., sec. 3605; I.C.A., sec. 30-1711.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2212 - OFFICE DEEMED VACANT, WHEN.

31-2212. OFFICE DEEMED VACANT, WHEN. In addition to the events specified in section 59-901, Idaho Code, when the sheriff is committed under an execution or commitment, for not paying over money received by him by virtue of his office, and remains committed for sixty (60) days, his office is vacant.
History:
[(31-2212) 1863, p. 475, sec. 46; R.S., sec. 1881; reen. R.C. & C.L., sec. 2034; C.S., sec. 3606; I.C.A., sec. 30-1712; am. 1989, ch. 14, sec. 3, p. 16.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2213 - APPARENTLY GOOD PROCESS MUST BE EXECUTED.

31-2213. APPARENTLY GOOD PROCESS MUST BE EXECUTED. A sheriff, or other ministerial officer, is justified in the execution of, and must execute, all process and orders regular on their face and issued by competent authority, whatever may be the defect in the proceedings upon which they were issued.
History:
[(31-2213) 1863, p. 475, sec. 48; R.S., sec. 1882; reen. R.C. & C.L., sec. 2035; C.S., sec. 3607; I.C.A., sec. 30-1713.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2214 - MUST EXHIBIT PROCESS.

31-2214. MUST EXHIBIT PROCESS. The officer executing process must then, and at all times subsequent, so long as he retains it, upon request show the same, with all papers attached, to any person interested therein.
History:
[(31-2214) 1863, p. 475, sec. 49; R.S., sec. 1883; reen. R.C. & C.L., sec. 2036; C.S., sec. 3608; I.C.A., sec. 30-1714.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2215 - SHERIFF IS COURT CRIER.

31-2215. SHERIFF IS COURT CRIER. The sheriff in attendance upon court may, at the direction of the court, act as the crier thereof, call the parties and witnesses, and all other persons bound to appear at the court, and make proclamation of the opening and adjournment of the court, and of any other matter under its direction.
History:
[(31-2215) 1863, p. 475, sec. 50; R.S., sec. 1884; reen. R.C. & C.L., sec. 2037; C.S., sec. 3609; I.C.A., sec. 30-1715; am. 1988, ch. 229, sec. 3, p. 442.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2216 - SERVICE ON SHERIFF.

31-2216. SERVICE ON SHERIFF. Service of a paper, other than process, upon the sheriff, may be made by delivering it to him or to one of his deputies, or to a person in charge of the office during office hours, or if no such person is there, by leaving it in a conspicuous place in the office.
History:
[(31-2216) 1863, p. 475, sec. 12; R.S., sec. 1885; reen. R.C. & C.L., sec. 2038; C.S., sec. 3610; I.C.A., sec. 30-1716.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2217 - CORONER TO EXECUTE CERTAIN PROCESS.

31-2217. CORONER TO EXECUTE CERTAIN PROCESS. When the sheriff is a party to an action or proceeding, the process and orders therein, which it would otherwise be the duty of the sheriff to execute, must be executed by the coroner of the county.
History:
[(31-2217) 1863, p. 475, sec. 54; R.S., sec. 1886; reen. R.C. & C.L., sec. 2039; C.S., sec. 3611; I.C.A., sec. 30-1717.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2218 - ELISOR, WHEN APPOINTED.

31-2218. ELISOR, WHEN APPOINTED. Process and orders in an action or proceeding may be executed by a person residing in the county, designated by the court, the judge thereof, or a magistrate judge, and denominated an elisor in the following cases:
1. When the sheriff and coroner are both parties.
2. When either of these officers is a party and the process is against the other; and,
3. When either of these officers is a party and there is a vacancy in the office of the other, or when it appears by affidavit to the satisfaction of the court in which the proceeding is pending, or the judge thereof, that both of these officers are disqualified, or by reason of any bias, prejudice or other cause would not act promptly or impartially.
When the process is delivered to an elisor he must execute and return it in the same manner as the sheriff is required to execute similar process.
History:
[(31-2218) 1863, p. 475, secs. 57, 58; R.S., sec. 1887; reen. R.C. & C.L., sec. 2040; C.S., sec. 3612; I.C.A., sec. 30-1718; am. 1989, ch. 14, sec. 4, p. 16.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2219 - COMPENSATION FOR SERVICES TO STATE.

31-2219. COMPENSATION FOR SERVICES TO STATE. When the sheriff or other officer is legally required to perform a service on behalf of the people of this state, which is not chargeable to his county or private person, his account and claim for compensation must be filed with the board of examiners, who shall consider and, if appropriate, approve and submit the same to the Idaho department of correction who shall pay the claim to the treasurer of the county of the sheriff or other officer who performed the service.
History:
[(31-2219) 1874, p. 543, sec. 47; R.S., sec. 1889; compiled and reen. R.C. & C.L., sec. 2041; C.S., sec. 3613; I.C.A., sec. 30-1719; am. 1984, ch. 79, sec. 2, p. 147; am. 2008, ch. 302, sec. 1, p. 842.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2220 - INCARCERATION OF SHERIFF ON ARREST.

31-2220. INCARCERATION OF SHERIFF ON ARREST. If the sheriff, on being arrested by a coroner, or if the sheriff or coroner on being arrested by an elisor, or if another person in an action in which both the sheriff and coroner are plaintiffs upon an order of arrest in a civil action, neglect to give bail or make a deposit of money instead thereof, or if the sheriff be arrested on execution against his body, or on a warrant of attachment, he or they must be confined in a house other than that of the sheriff, or the county jail, in the same manner as the sheriff is required to confine a prisoner in the county jail. The house in which he is thus confined thereupon becomes for that purpose the county jail.
History:
[(31-2220) 1863, p. 475, sec. 59; R.S., sec. 1890; reen. R.C. & C.L., sec. 2042; C.S., sec. 3614; I.C.A., sec. 30-1720.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2221 - ELISOR HAS POWERS OF SHERIFF.

31-2221. ELISOR HAS POWERS OF SHERIFF. An elisor appointed to execute process and orders in the cases mentioned in this chapter, is invested with the powers, duties and responsibilities of the sheriff, in the execution of the process, or orders, and in every matter incidental thereto.
History:
[(31-2221) 1863, p. 475, sec. 60; R.S., sec. 1891; reen. R.C. & C.L., sec. 2043; C.S., sec. 3615; I.C.A., sec. 30-1721.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2222 - TERMINATION OF SHERIFF’S POWERS.

31-2222. TERMINATION OF SHERIFF’S POWERS. When a new sheriff is elected, and has qualified and given the security required by law, the county recorder must give a certificate of that fact, under his seal of office, upon the service of which on the former sheriff his powers cease, except as otherwise provided in this chapter.
History:
[(31-2222) 1863, p. 475, sec. 36; R.S., sec. 1892; reen. R.C. & C.L., sec. 2044; C.S., sec. 3616; I.C.A., sec. 30-1722.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2223 - DELIVERY OF PROPERTY TO SUCCESSOR.

31-2223. DELIVERY OF PROPERTY TO SUCCESSOR. Within three (3) days after the service of the certificate upon the former sheriff, he must deliver to his successor:
1. The jail of the county, with its appurtenances and the property of the county therein.
2. The prisoners then confined in the county jail.
3. The process, orders and other papers in his custody, authorizing or relating to the confinement of the prisoners.
4. All process and orders for the arrest of a party, and all papers relating to the summoning of a grand or trial jury, which have not been fully executed.
5. All executions, attachments and final process, which have been partially executed, with his return thereon showing to what extent he has executed the same.
History:
[(31-2223) 1863, p. 475, sec. 37; R.S., sec. 1893; reen. R.C. & C.L., sec. 2045; C.S., sec. 3617; am. 1921, ch. 138, sec. 1, p. 323; I.C.A., sec. 30-1723.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2224 - DELIVERY OF PROPERTY TO SUCCESSOR — WRITTEN TRANSFER AND RECEIPT.

31-2224. DELIVERY OF PROPERTY TO SUCCESSOR — WRITTEN TRANSFER AND RECEIPT. He must also, at the same time, deliver to the new sheriff a written transfer of the property. The new sheriff must thereupon acknowledge, in writing on a duplicate of the transfer, the receipt of the property.
History:
[(31-2224) 1863, p. 475, sec. 38; R.S., sec. 1894; reen. R.C. & C.L., sec. 2046; C.S., sec. 3618; I.C.A., sec. 30-1724; am. 2005, ch. 291, sec. 1, p. 928.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2225 - COMPLETION OF PROCESS.

31-2225. COMPLETION OF PROCESS. The new or succeeding sheriff must complete the execution of all writs and process delivered to him by his predecessor in office as partially executed, in like manner and with like effect as he might execute writs or process delivered to him in the first place.
History:
[(31-2225) 1863, p. 475, sec. 39; R.S., sec. 1895; reen. R.C. & C.L., sec. 2047; C.S., sec. 3619; am. 1921, ch. 138, sec. 2, p. 323; am. 1923, ch. 19, sec. 1, p. 19; I.C.A., sec. 30-1725.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2226 - REFUSAL TO DELIVER PROPERTY.

31-2226. REFUSAL TO DELIVER PROPERTY. If the former sheriff refuses or neglects to deliver to his successor the jail, process, papers and prisoners in his charge, the new sheriff may, notwithstanding, take possession of the jail, and of the prisoners confined therein, and the magistrate judge, may, upon application, order the delivery of the process and papers.
History:
[(31-2226) 1863, p. 475, sec. 40; R.S., sec. 1896; reen. R.C. & C.L., sec. 2048; C.S., sec. 3620; I.C.A., sec. 30-1726; am. 1989, ch. 14, sec. 5, p. 16.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2227 - ENFORCEMENT OF PENAL LAWS — PRIMARY RESPONSIBILITY.

31-2227. ENFORCEMENT OF PENAL LAWS — PRIMARY RESPONSIBILITY. (1) Irrespective of police powers vested by statute in state, county and municipal officers, and except where otherwise provided in Idaho Code, it is hereby declared to be the policy of the state of Idaho that the primary duty of enforcing all the penal provisions of any and all statutes of this state, in any court, is vested in the sheriff and prosecuting attorney of each of the several counties. When, in the judgment of such county officers, they need assistance from municipal peace officers within the county, they are authorized and directed to call for such assistance and local officers shall render assistance.
(2) When, in the judgment of such county officers, advice and/or assistance is needed which is not available in the county, the sheriff and/or the prosecuting attorney are directed to call upon the Idaho state police for such advice and assistance and the department shall render such cooperative service. Whenever in the opinion of the governor any peace officer of this state refuses to offer assistance when requested to do so, or refuses to perform any duty enjoined upon him by the penal statutes of this state, the governor shall direct the attorney general to commence action under chapter 41, title 19, Idaho Code, to remove such officer from office.
(3) When in the judgment of the governor the penal laws of this state are not being enforced as written, in any county, or counties, in this state, he may direct the director of the Idaho state police to act independently of the sheriff and prosecuting attorney in such county, or counties, to execute and enforce such penal laws. In such an instance, the attorney general shall exclusively exercise all duties, rights and responsibilities of the prosecuting attorney.
History:
[31-2227, added 1951, ch. 196, sec. 1, p. 420; am. 1974, ch. 27, sec. 77, p. 811; am. 1989, ch. 14, sec. 6, p. 16; am. 1998, ch. 246, sec. 1, p. 808; am. 2000, ch. 469, sec. 79, p. 1525; am. 2014, ch. 280, sec. 2, p. 707.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2228 - YOUTH PROGRAMS FUND.

31-2228. YOUTH PROGRAMS FUND. The sheriff of each county is authorized to create a self-perpetuating youth programs fund for use in implementation of prevention and early intervention programs for at-risk youth in the county, including but not limited to: (1) providing mentoring programs, (2) creating safe places and structured activities in nonschool hours, (3) fostering good health, (4) developing effective education opportunities for marketable career skills, and (5) providing an opportunity for youth to give back to their community. Proceeds from the fee imposed pursuant to section 49-418B, Idaho Code, transferred to the county, shall be deposited to the fund. In addition, the sheriff may accept gifts and donations from individuals and private organizations or foundations, or appropriations from public entities. The fund shall be subject to yearly audit authorized by the board of county commissioners.
History:
[31-2228, added 2000, ch. 306, sec. 1, p. 1042.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 22 - SHERIFF › Section 31-2229 - SEARCH AND RESCUE.

31-2229. SEARCH AND RESCUE. (1) For the purpose of this section:
(a) "Aerial search" means a response by the Idaho office of emergency management and the Idaho transportation department’s division of aeronautics to a missing or overdue aircraft or airman.
(b) "Rescue" means a response by the sheriff to recover lost, missing, injured, impaired or incapacitated persons in imminent danger of injury or death.
(c) "Search" means a response by the sheriff to locate an overdue, missing or lost person.
(2) The sheriff of each county shall:
(a) Be the official responsible for command of all search and rescue operations within the county;
(b) Prepare and keep current a plan to command the search and rescue capabilities and resources available within the county.
(3) All aerial search assets shall be under the coordination of the Idaho transportation department’s division of aeronautics. The ground aspects of the search and rescue of lost aircraft and airmen shall be under the supervision of the county sheriff, in coordination with the chief of the Idaho office of emergency management and the administrator of the division of aeronautics.
(4) Nothing in subsection (2) of this section shall apply to search and rescue operations within the incorporated limits of any city when the city performs such service.
(5) Nothing in subsection (2) of this section shall apply to the rescue of entrapped or injured persons where their location is known to be within a fire district where the fire district performs such service.
(6) Nothing contained in subsection (2) of this section shall apply to the removal of entrapped or injured persons where the person’s location is known to a local EMS agency licensed by the state of Idaho.
History:
[31-2229, added 2008, ch. 39, sec. 2, p. 94; am. 2016, ch. 118, sec. 2, p. 331.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 23 - COUNTY AUDITOR › Section 31-2301 - AUDITOR TO DRAW WARRANTS.

31-2301. AUDITOR TO DRAW WARRANTS. The auditor must draw warrants on the county treasurer in favor of all persons entitled thereto, in payment of all claims and demands chargeable against the county which have been legally examined, allowed and ordered paid by the board of commissioners; also, for all debts and demands against the county when the amounts are fixed by law, and which are not directed to be audited by some other person or tribunal.
History:
[(31-2301) 1874, p. 556, sec. 26; R.S., sec. 2005; reen. R.C. & C.L., sec. 2052; C.S., sec. 3624; I.C.A., sec. 30-1801.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 23 - COUNTY AUDITOR › Section 31-2302 - REQUIREMENTS OF WARRANTS.

31-2302. REQUIREMENTS OF WARRANTS. All warrants must distinctly specify the liability for which they are drawn, and when it accrued.
History:
[(31-2302) R.S., sec. 2006; reen. R.C. & C.L., sec. 2053; C.S., sec. 3625; I.C.A., sec. 30-1802.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 23 - COUNTY AUDITOR › Section 31-2303 - SETTLEMENT OF DEBTS TO COUNTY.

31-2303. SETTLEMENT OF DEBTS TO COUNTY. The auditor must examine and settle the accounts of all persons indebted to the county, or holding moneys payable into the county treasury, and must certify the amount to the treasurer, and upon the presentation and filing of the treasurer’s receipt therefor, give to such person a discharge and charge the treasurer with the amount received by him.
History:
[(31-2303) R.S., sec. 2007; reen. R.C. & C.L., sec. 2054; C.S., sec. 3626; I.C.A., sec. 30-1803.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 23 - COUNTY AUDITOR › Section 31-2304 - ACCOUNTS WITH TREASURER.

31-2304. ACCOUNTS WITH TREASURER. The auditor must keep accounts current with the treasurer, and when any person deposits with the auditor any receipt given by the treasurer for any money paid into the treasury, the auditor must file such receipt and charge the treasurer with the amount thereof.
History:
[(31-2304) 1863, p. 475, sec. 86; R.S., sec. 2008; reen. R.C. & C.L., sec. 2055; C.S., sec. 3627; I.C.A., sec. 30-1804.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 23 - COUNTY AUDITOR › Section 31-2305 - WARRANT BLANKS — REGISTRATION.

31-2305. WARRANT BLANKS — REGISTRATION. The auditor shall have prepared, in separate series, warrant blanks for each year. They must be numbered consecutively, and must show the year against the revenue of which they are to be issued. He shall begin the use of a new series of warrants on the first day in October of each year. All warrants issued by the auditor shall be upon the warrant blanks of the series for the year chargeable with the amount for which such warrant is issued, and the number, date and amount of each, and the name of the person to whom payable, and the purpose for which drawn must be stated thereon. All warrants must, at the time they are issued, be registered by the auditor.
History:
[(31-2305) R.S., sec. 2009; am. 1899, p. 397, sec. 1; reen. R.C. & C.L., sec. 2056; C.S., sec. 3628; I.C.A., sec. 30-1805; am. 1935, ch. 21, sec. 1, p. 38; am. 1976, ch. 45, sec. 22, p. 137; am. 1984, ch. 111, sec. 2, p. 255.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 23 - COUNTY AUDITOR › Section 31-2308 - OTHER DUTIES OF AUDITOR.

31-2308. OTHER DUTIES OF AUDITOR. The auditor must discharge such other duties as are required by law.
History:
[(31-2308) R.S., sec. 2011; reen. R.C. & C.L., sec. 2059; C.S., sec. 3631; I.C.A., sec. 30-1808.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 23 - COUNTY AUDITOR › Section 31-2309 - FILING AND RECORDING BOND OF RECORDER AND AUDITOR.

31-2309. FILING AND RECORDING BOND OF RECORDER AND AUDITOR. The bonds of the recorder and auditor must be filed by the district judge in the district court for that county, and a copy thereof duly recorded by the county recorder, and when so recorded, fully attested by the district judge.
History:
[(31-2309) 1874, p. 556, sec. 5; R.S., sec. 2013; reen. R.C. & C.L., sec. 2060; C.S., sec. 3632; I.C.A., sec. 30-1809; am. 1970, ch. 120, sec. 10, p. 284.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 24 - RECORDER › Section 31-2401 - BOOKS TO BE PROCURED — CUSTODY.

31-2401. BOOKS TO BE PROCURED — CUSTODY. The recorder must procure such books or other electronic storage methods for records as the business of his office requires. He has the custody of and must keep all books, records, maps and papers deposited in his office. The recorder may keep all books, documents, records, maps and papers within an approved electronic storage system.
History:
[(31-2401) 1863, p. 475, sec. 64; R.S., sec. 2023; reen. R.C. & C.L., sec. 2061; C.S., sec. 3633; I.C.A., sec. 30-1901; am. 1989, ch. 90, sec. 1, p. 212; am. 2005, ch. 243, sec. 1, p. 756.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 24 - RECORDER › Section 31-2402 - INSTRUMENTS TO BE RECORDED.

31-2402. INSTRUMENTS TO BE RECORDED. (1) He must, upon the payment of his fees for the same, record separately, in large and well-bound separate books or through approved electronic storage systems, in legible handwriting, typewriting or by photographic reproduction:
(a) Deeds, grants, transfers and mortgages of real estate, releases of mortgages, powers of attorney to convey real estate and leases which have been acknowledged or proved and transcripts of judgments or decrees which affect the title or possession of real property, including water rights, any part of which is situate in the county of which the person is the recorder.
(b) Certificates of marriage and marriage contracts.
(c) Wills admitted to probate.
(d) Official bonds.
(e) Notices of mechanics’ liens.
(f) Transcripts of judgments which by law are made liens upon real estate.
(g) Notices of attachments upon real estate.
(h) Notices of the pendency of an action affecting real estate, the title thereto or possession thereof.
(i) Instruments describing or relating to the separate property of married women.
(j) Notices of preemption claims.
(k) Certified copies of any petitions, with the schedules omitted, filed in, and certified copies of any order or decree made or entered in, any proceeding under the national bankruptcy act.
(l) Financing statements under the uniform commercial code which cover timber to be cut, minerals or the like (including oil and gas), pursuant to section 28-9-301, Idaho Code, or fixtures.
(m) Notice of order of a general adjudication in conformance with section 42-1408, Idaho Code.
(n) Death certificates.
(o) Such other writings as are required or permitted by law to be recorded, as determined by the recorder.
(2) The recorder may refuse to record a document which, in his discretion and through consultation with the county prosecutor, is not authorized by law to be recorded, provided that a document listed in subsection (1)(a) through (n) of this section is authorized by law and must be recorded. Refusal pursuant to this section shall not create any liability.
History:
[(31-2402) 1863, p. 475, sec. 70; R.S., sec. 2024; modified by 1899, p. 121; compiled and reen. R.C. & C.L., sec. 2062; C.S., sec. 3634; am. 1931, ch. 48, sec. 1, p. 83; I.C.A., sec. 30-1902; am. 1965, ch. 30, sec. 1, p. 48; am. 1980, ch. 156, sec. 4, p. 331; am. 1986, ch. 220, sec. 25, p. 582; am. 2001, ch. 208, sec. 27, p. 827; am. 2005, ch. 243, sec. 2, p. 757; am. 2021, ch. 167, sec. 1, p. 470.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 24 - RECORDER › Section 31-2402A - MICROFILM RECORDS — METHOD OF DESIGNATION — OFFICIAL RECORDS.

31-2402A. MICROFILM RECORDS — METHOD OF DESIGNATION — OFFICIAL RECORDS. In lieu of any or all of the separate books provided for in section 31-2402, Idaho Code, the county recorder may, in his discretion, where such record or document has been copied or reproduced by microfilm, scanned images, digital imaging, or microphotographic process or other approved electronic copying process, designate such record or document by consecutive volume and instrument numbers to be called "official records" and recorded consecutively in his office in suitable containers and cabinets or electronic storage devices.
The recording of such instruments and documents in such "official records" will impart notice in like manner and effect as if such instruments or documents were recorded in any of the separate books provided for in section 31-2402, Idaho Code.
History:
[31-2402A, as added by 1963, ch. 86, sec. 1, p. 281; am. 2005, ch. 243, sec. 3, p. 757.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 24 - RECORDER › Section 31-2405 - INDEXING OFFICIAL DEEDS.

31-2405. INDEXING OFFICIAL DEEDS. Deeds made by sheriffs, collectors, administrators, trustees and other officers, in their official capacity, shall be indexed by the recorder in the name of the owner of the property conveyed, as grantor, by the officer, naming him and his office.
History:
[(31-2405) 1907, p. 95, sec. 1; reen. R.C. & C.L., sec. 2064; C.S., sec. 3637; I.C.A., sec. 30-1905.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 24 - RECORDER › Section 31-2406 - CERTIFICATES OF SALE.

31-2406. CERTIFICATES OF SALE. The recorder must keep in his office a book to be called "Certificates of sale," and record therein all certificates of sale of real estate sold under execution or under order made in any judicial proceeding. He must also prepare an index thereto, in which he must enter, in separate columns, the names of the plaintiff in the execution, the defendant in the execution, the purchaser at the sale, and the date of the sale.
History:
[(31-2406) R.S., sec. 2026; am. and reen. R.C. & C.L., sec. 2065; C.S., sec. 3638; I.C.A., sec. 30-1906.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 24 - RECORDER › Section 31-2407 - JUDGMENTS AFFECTING LAND.

31-2407. JUDGMENTS AFFECTING LAND. When requested and paid the fee therefor, the recorder must record with the record of deeds, grants and transfers, certified copies of final judgments, decrees or transcripts of judgments or decrees partitioning or affecting the title or possession of real property, including water rights, any part of which is situate in the county of which he is recorder.
History:
[(31-2407) R.S., sec. 2027; reen. R.C. & C.L., sec. 2066; C.S., sec. 3639; I.C.A., sec. 30-1907; am. 1986, ch. 220, sec. 26, p. 583; am. 1989, ch. 90, sec. 3, p. 212.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 24 - RECORDER › Section 31-2408 - DECREE OF PARTITION — RECORD IMPARTS NOTICE.

31-2408. DECREE OF PARTITION — RECORD IMPARTS NOTICE. Every such certified copy of a decree of partition, from the time of delivery of the same with the recorder for record, imparts notice to all persons of the contents thereof; and subsequent purchasers, mortgagees and lienholders, purchase and take with like notice and effect as if such copy of decree was a duly recorded deed, grant or transfer.
History:
[(31-2408) R.S., sec. 2028; am. and reen. R.C. & C.L., sec. 2067; C.S., sec. 3640; I.C.A., sec. 30-1908; am. 1989, ch. 90, sec. 4, p. 212.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 24 - RECORDER › Section 31-2409 - SEVERAL INDEXES IN SAME VOLUME.

31-2409. SEVERAL INDEXES IN SAME VOLUME. The recorder may keep in the same volume any two (2) or more of the indexes required to be kept, but the several indexes must be kept distinct from each other, and the volume must be distinctly marked on the outside in such way as to show all the indexes kept therein. The names of the parties in the first column in the several indexes must be arranged in alphabetical order.
History:
[(31-2409) 1863, p. 475, sec. 73; R.S., sec. 2029; modified by 1907, p. 95; compiled and reen. R.C. & C.L., sec. 2068; C.S., sec. 3641; I.C.A., sec. 30-1909.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 24 - RECORDER › Section 31-2410 - ENDORSEMENT ON INSTRUMENTS.

31-2410. ENDORSEMENT ON INSTRUMENTS. When any instrument, paper or notice, authorized by law to be recorded, is deposited in the recorder’s office for record, the recorder must endorse upon the same the time when it was received, noting the year, month, day, hour and minute of its reception, and at once enter it in the proper index or approved electronic storage and retrieval system, and must record the same without delay, together with the acknowledgment, proofs and certificates, written upon or annexed to the same, with the plats, surveys, schedule and other papers thereto annexed, in the order and as of the time when the same was received for record, and must note on the instrument the exact time of its reception, and the name of the person at whose request it was recorded.
History:
[(31-2410) 1863, p. 475, sec. 74; R.S., sec. 2030; reen. R.C. & C.L., sec. 2069; C.S., sec. 3642; I.C.A., sec. 30-1910; am. 1988, ch. 5, sec. 1, p. 5; am. 2005, ch. 243, sec. 5, p. 760.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 24 - RECORDER › Section 31-2411 - ENDORSEMENT OF BOOK AND PAGE OF RECORD — DELIVERY TO PARTY.

31-2411. ENDORSEMENT OF BOOK AND PAGE OF RECORD — DELIVERY TO PARTY. The recorder must also endorse upon each instrument, paper or notice, the book and pages or instrument number in which it is recorded, and must thereafter deliver it upon request to the party leaving the same for record. If an approved electronic system is used, the recorder shall endorse upon each instrument a suitable reference number to enable direct retrieval of the recorded document from the electronic system.
History:
[(31-2411) 1863, p. 475, sec. 75; R.S., sec. 2031; reen. R.C. & C.L., sec. 2070; C.S., sec. 3643; I.C.A., sec. 30-1911; am. 1989, ch. 90, sec. 5, p. 213; am. 2005, ch. 243, sec. 6, p. 760.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 24 - RECORDER › Section 31-2412 - NUMBER TO BE STAMPED ON INSTRUMENTS.

31-2412. NUMBER TO BE STAMPED ON INSTRUMENTS. It is hereby made the duty of each county recorder in this state, when any instrument, paper or notice authorized by law to be recorded is deposited in the recorder’s office for record, immediately to write or stamp thereon an instrument number, and the numbers so stamped shall be consecutive in the order of filing, in only one (1) series of numbers, commencing with the general reception number next in order, upon this amendment becoming effective, in each county and following in the order of the filing of all instruments, papers or notices, and priority of number shall be prima facie evidence of priority of filing: provided, that when such recorder shall receive by mail or other like inclosure more than one (1) instrument, paper or notice at a time, he shall affix such numbers in the consecutive order in which said instruments, papers or notice actually came into his hand on opening, save that when more than one instrument, paper or notice is received from the same source at the same time, he may follow such directions as the sender may give in relation to such numbering. In addition to general reception numbers as above provided the county recorder may use such additional numbers as may be convenient for filing and indexing.
History:
[(31-2412) 1903, p. 428, sec. 1; reen. R.C. & C.L., sec. 2071; C.S., sec. 3644; I.C.A., sec. 30-1912; am. 1949, ch. 164, sec. 1, p. 352.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 24 - RECORDER › Section 31-2413 - RECEPTION BOOK.

31-2413. RECEPTION BOOK. There shall be provided by the county recorder of each county, a book for use in the office of the recorder to be known as the reception book, in which shall be entered, immediately after numbering, all instruments, papers or notices authorized by law to be recorded. Such book shall be ruled in parallel columns and in the first column at the left hand side of the page shall be entered the instrument number; in the second column, the day, hour and minute of filing; in the third column, the grantor, or person executing the instrument; in the fourth column, the grantee, or person to whom the instrument is executed, if there be such; in the fifth column, the character of the instrument; in the sixth column, the book and page where recorded; in the seventh column a brief description of the property, if any, described therein; and in the last column at the right, the name of the person to whom delivered. Such book shall be a part of the public records of such office, and open to public inspection during office hours.
History:
[(31-2413) 1903, p. 428, sec. 2; reen. R.C. & C.L., sec. 2072; C.S., sec. 3645; I.C.A., sec. 30-1913; am. 1989, ch. 90, sec. 6, p. 213.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 24 - RECORDER › Section 31-2414 - CERTIFICATE OF TIME OF RECEPTION.

31-2414. CERTIFICATE OF TIME OF RECEPTION. When any such instrument, paper or notice is numbered and entered in the reception book and indexed, it shall be recorded, as now provided by law; and it shall be the duty of the recorder to write or stamp, or cause to be written or stamped, at the beginning of the record thereof, if recorded, the words "Instrument number" and add thereto the number stamped or written on such instrument, paper or notice, and to add immediately after the record thereof, a certificate setting forth the exact time of the reception of such instrument, paper or notice, giving the day, hour and minute as set out in the original notation of recording made by him upon the instrument, paper or notice itself, and the name of the person at whose request it is recorded, which record and certificate he shall authenticate with his official signature, but for which certificate and authentication he shall not be authorized or permitted to collect a fee.
History:
[(31-2414) 1903, p. 428, sec. 3; reen. R.C. & C.L., sec. 2073; C.S., sec. 3646; I.C.A., sec. 30-1914; am. 1989, ch. 90, sec. 7, p. 213.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 24 - RECORDER › Section 31-2415 - FAILURE TO RECORD INSTRUMENT PROPERLY — LIABILITY AND PENALTY.

31-2415. FAILURE TO RECORD INSTRUMENT PROPERLY — LIABILITY AND PENALTY. If any recorder neglects or refuses or fails to record any instrument, paper or notice authorized by law to be recorded, in the manner provided for in sections 31-2412, 31-2413 and 31-2414, Idaho Code, he shall be liable to the party aggrieved for the amount of the damages which may be occasioned thereby, and for each such neglect or failure or refusal, whether damages are recovered by an aggrieved party or not, he shall pay into the current expense fund of his county the sum of fifty dollars ($50.00), which may be recovered by an action which it is the duty of the prosecuting attorney to prosecute. All penalties provided by this section shall be recoverable from the recorder upon his official bond.
History:
[(31-2415) 1903, p. 428, sec. 4; reen. R.C. & C.L., sec. 2074; C.S., sec. 3647; I.C.A., sec. 30-1915; am. 1989, ch. 90, sec. 8, p. 214.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 24 - RECORDER › Section 31-2417 - LIABILITY FOR NEGLECT.

31-2417. LIABILITY FOR NEGLECT. (1) If any recorder to whom an instrument, proved or acknowledged according to law, or any paper or notice which may by law be recorded, is delivered for record:
(a) Neglects or refuses without any legal basis to record such instrument, paper or notice within a reasonable time after receiving the same; or
(b) Records any instruments, papers or notices untruly, or in any other manner than as hereinbefore directed; or
(c) Neglects or refuses to keep in his office such indexes as are required by this chapter, or to make the proper entries therein; or
(d) Alters, changes or obliterates any records deposited in his office or inserts any new matter therein.
He is liable to the party aggrieved for the amount of the damages which may be occasioned thereby.
(2) Under no circumstances shall a recorder be liable for the release of any recorded information pursuant to a request and payment of fees.
History:
[(31-2417) 1863, p. 475, sec. 77; R.S., sec. 2033; reen. R.C. & C.L., sec. 2076; C.S., sec. 3649; I.C.A., sec. 30-1917; am. 1989, ch. 90, sec. 9, p. 214; am. 2005, ch. 243, sec. 7, p. 760.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 24 - RECORDER › Section 31-2418 - FEES TO BE PREPAID.

31-2418. FEES TO BE PREPAID. The county recorder is not bound to record any instrument or file any paper or notice, or furnish any copies, or to render any service connected with his office, until the fees for the same, as prescribed by law, are, if demanded, paid or tendered.
History:
[(31-2418) 1863, p. 475, sec. 84; R.S., sec. 2034; reen. R.C. & C.L., sec. 2077; C.S., sec. 3650; I.C.A., sec. 30-1918; am. 1989, ch. 90, sec. 10, p. 214.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 24 - RECORDER › Section 31-2419 - RECORDS OPEN TO INSPECTION.

31-2419. RECORDS OPEN TO INSPECTION. All books of record, maps, charts, surveys and other papers on file in the recorder’s office, must, during office hours, be open for the inspection of any person who may desire to inspect them, and may be inspected without charge; and the recorder must arrange the books of record and indexes in his office in such suitable places as to facilitate their inspection. The recorder may provide one (1) or more public access terminals through which the public may access electronically stored versions of recorded documents. Any person inspecting the records who makes any attempt to alter any record in any way shall be guilty of a misdemeanor.
History:
[(31-2419) 1863, p. 475, sec. 80; R.S., sec. 2035; reen. R.C. & C.L., sec. 2078; C.S., sec. 3651; I.C.A., sec. 30-1919; am. 2005, ch. 243, sec. 8, p. 761.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 25 - ASSESSOR › Section 31-2501 - DUTIES OF ASSESSOR.

31-2501. DUTIES OF ASSESSOR. The assessor’s duties are prescribed in title 63, relating to revenue.
History:
[(31-2501) R.C., sec. 2079; am. 1913, ch. 128, sec. 1, p. 475; compiled and reen. C.L., sec. 2079; C.S., sec. 3652; I.C.A., sec. 30-2001.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 26 - PROSECUTING ATTORNEY › Section 31-2601 - QUALIFICATIONS.

31-2601. QUALIFICATIONS. No person shall be eligible to qualify for the office of prosecuting attorney who is not an attorney and counselor at law duly licensed to practice as such in the district courts of the state at the time he assumes office as prosecuting attorney. No prosecuting attorney shall hold any other county or state office during his term of office as prosecuting attorney provided, however, that a prosecuting attorney or a deputy prosecuting attorney may be appointed by the attorney general as a special assistant attorney general for the performance of duties pursuant to such appointment in any other county than the county in which such prosecutor or deputy prosecutor serves. Nothing in this section, as amended, shall be construed to authorize the appointment of a special assistant attorney general except upon the request in writing of the prosecuting attorney in the county in which such special assistant attorney general is to serve, nor shall this section authorize the appointment of a prosecuting attorney as special assistant attorney general without his consent.
History:
[(31-2601) 1897, p. 74, sec. 1; reen. 1899, p. 24, sec. 1; am. and reen. R.C. & C.L., sec. 2080; C.S., sec. 3653; I.C.A., sec. 30-2101; am. 1953, ch. 239, sec. 1, p. 360.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 26 - PROSECUTING ATTORNEY › Section 31-2602 - DEPUTY PROSECUTING ATTORNEYS — APPOINTMENT, SALARY, AND QUALIFICATIONS.

31-2602. DEPUTY PROSECUTING ATTORNEYS — APPOINTMENT, SALARY, AND QUALIFICATIONS. Each prosecuting attorney may be empowered by the board of county commissioners of his county to appoint deputy prosecuting attorneys upon a finding by such board of county commissioners that such appointments are necessary for the proper conduct of his office. The deputy prosecuting attorneys shall receive a salary to be fixed by the board of county commissioners of his county. The salary of any deputy prosecuting attorney shall be paid monthly from the county treasury on warrants of the county auditor on being allowed and audited by the board of county commissioners, as other claims against the county. Every deputy prosecuting attorney must possess the qualifications required of prosecuting attorneys, except that of county residency.
History:
[(31-2602) C.S., sec. 3653-A, as added by 1927, ch. 156, sec. 1, p. 210; I.C.A., sec. 30-2102; am. 1941, ch. 138, sec. 1, p. 272; am. 1986, ch. 139, sec. 1, p. 375; am. 1996, ch. 352, sec. 1, p. 1176.]
2023 Idaho Code › Title 31 - COUNTIES AND COUNTY LAW › Chapter 26 - PROSECUTING ATTORNEY › Section 31-2603 - SPECIAL PROSECUTOR — APPOINTMENT.

31-2603. SPECIAL PROSECUTOR — APPOINTMENT. (a) When the prosecuting attorney for the county is absent from the court, or when he has acted as counsel or attorney for a party accused in relation to the matter of which the accused stands charged, and for which he is to be tried on a criminal charge, or when he is near of kin to the party to be tried on a criminal charge, or when he has a business connection or kinship with the complainant or defendant, or when he is unable to attend to his duties, the district court may, upon petition of the prosecuting attorney or board of county commissioners, by an order entered in its minutes, stating the cause therefor, appoint some suitable person to perform for the time being, or for the trial of such accused person, the duties of such prosecuting attorney, and the person so appointed has all the powers of the prosecuting attorney, while so acting as such.
(b) The prosecuting attorney may petition the district judge of his county for the appointment of a special assistant attorney-general to assist in the prosecution of any criminal case pending in the county; and if it appears to the district judge to whom such petition is addressed that good cause appears for granting such petition, the district judge, may, with the approval of the attorney-general, appoint an assistant attorney-general to assist in such prosecution. The compensation of the person so appointed shall be fixed by agreement between the district judge and the attorney-general and shall be paid by the attorney-general out of appropriations made available for the conduct of his office.
History:
[(31-2603) 1897, p. 74, sec. 2; reen. 1899, p. 24, sec. 2; am. and reen. R.C. & C.L., sec. 2081; C.S., sec. 3654; I.C.A., sec. 30-2103; am. 1953, ch. 239, sec. 2, p. 360; am. 1988, ch. 295, sec. 1, p. 936.]