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title-31•Title 31 — Counties and County Law
Idaho Code, published by the Idaho Legislative Services Office. Idaho Statutes are updated to the website July 1 following the legislative session.
The state is divided into the several counties in this chapter named and described. The county seats are located at the cities or villages named after the respective county descriptions.
[(31-101) R.C., sec. 23; compiled and reen. C.L. 3:1; C.S., sec. 5; I.C.A., sec. 30-101.]
The words, "range," "township" and "section" as employed in this chapter refer to the Boise meridian and base line of the United States survey, except in such cases as the word "range" obviously refers to a range of mountains. In the description of courses the words, "north," "south," "east" and "west" refer to true courses.
[(31-102) Compiled and reen. C.L. 3:2; C.S., sec. 6; I.C.A., sec. 30-102.]
Ada county is described as follows: beginning at a point in the center of the channel of the Boise river where the section line between sections fifteen (15) and sixteen (16), township three (3) north, range four (4) east, crosses said Boise river;
Northern boundary. Thence down the center of the channel of the Boise river to a point opposite the mouth of More’s creek. Thence in a straight line north forty-four (44) degrees and thirty-eight (38) minutes west until the said line intersects the north line of township five (5) north (12 Ter. Sess. 67); thence west to the northwest corner of township five (5) north, range one (1) west;
Western boundary. Thence south to the northwest corner of township three (3) north, range one (1) west; thence east to the northwest corner of section four (4), township three (3) north, range one (1) west; thence south to the southeast corner of section thirty-two (32), township two (2) north, range one (1) west; thence west to the northwest corner of township one (1) north, range one (1) west; thence south to the point in the middle of the channel of Snake river, where the line between township one (1) south, range one (1) west, and township one (1) south;
Southern boundary. Thence southeasterly up the center of the channel of the said Snake river to a point where the section line between sections thirty-three (33) and thirty-four (34), township five (5) south, range four (4) east crosses the said Snake river;
Eastern boundary. Beginning at a point in the center of the channel of the Snake river where the section line between sections thirty-three (33) and thirty-four (34), township five (5) south, range four (4) east, Boise meridian, crosses said Snake river; thence extending in a northerly direction along the north and south center line of townships five (5), four (4), three (3), two (2) and one (1) south, range four (4) east, Boise meridian, to the base line and thence in a northerly direction along the north and south center line of townships one (1), two (2) and three (3) north, range four (4) east, Boise meridian, to a point in the center of the channel of the Boise river where the section line between sections fifteen (15) and sixteen (16), township three (3) north, range four (4) east, Boise meridian, crosses said Boise river, the point of beginning.
County seat–Boise City.
[(31-103) R.C., sec. 23a; compiled and reen. C.L. 3:3; C.S., sec. 7; am. 1923, ch. 136, sec. 2, p. 200: I.C.A., sec. 30-103.]
Adams county is described as follows: beginning at a point on the boundary line between the states of Idaho and Oregon, the same being the middle of the center channel of Snake river, three thousand nine hundred sixty (3,960) feet in a southwesterly direction from the mouth of Wildhorse river;
Southern boundary. Then in an easterly direction fifteen and one-half (15 1/2) miles to a point one-half mile east of the west quarter corner, section six (6), township seventeen (17) north, range two (2) west; thence south about twelve (12) miles to the intersection of said line with Cow creek; thence southeast down the center line of Cow creek to its confluence with the Weiser river; thence south across the Weiser river to a point five hundred (500) feet east of the north quarter corner of section twenty-nine (29), township fifteen (15) north, range two (2) west; thence east about three and three-quarters (3 3/4) miles to a point one thousand three hundred twenty (1,320) feet east of the northwest corner of section twenty-five (25), said township and range; thence south eight and one-half (8 1/2) miles to a point one thousand three hundred twenty (1,320) feet east of the west quarter corner of section one (1), township thirteen (13) north, range two (2) west; thence in a southeasterly direction six and one-half (6 1/2) miles to a point one thousand three hundred twenty (1,320) feet south and one thousand three hundred twenty (1,320) feet east of the west quarter corner of section twenty-four (24), township thirteen (13) north, range one (1) west; thence east (1911, ch. 31, section 2, pp. 67, 68) to the summit dividing the waters of the Payette and Weiser rivers;
Eastern boundary. Thence along said divide in a northerly direction to a point on said divide known as Big Rock Flat, where the waters flow into the Little Salmon; thence in a northeasterly direction on a low divide separating the waters of the Little Salmon and Payette rivers to a point east of the northern point of Little Salmon Meadows;
Northern boundary. Thence west to the Little Salmon river; thence down the Little Salmon river to a point east of the point where the section line between sections six (6) and seven (7), township twenty-two (22) north, range one (1) east, intersects said meridian; thence west to the middle of the main channel of Snake river (R.C., section 23w), the same being the boundary line between the states of Idaho and Oregon;
Western boundary. Thence in a southerly direction following said boundary line between said states of Idaho and Oregon, to the point of beginning (1911, ch. 31, section 2, p. 68).
County seat–Council.
[(31-104) Compiled and reen. C.L. 3:4; C.S., sec. 8; I.C.A., sec. 30-104.]
Bannock county is described as follows: beginning at the intersection of the township line between townships four (4) and five (5) south, with the Snake river;
Western boundary. Thence down the Snake river southwesterly to the mouth of Portneuf river; thence up the Portneuf river to the intersection of the Portneuf river with the west boundary of section eight (8), township six (6) south, range thirty-four (34) east Boise meridian; thence south four and one-quarter (4 1/4) miles to the southeast corner of section thirty-one (31), township six (6) south, range thirty-four (34) east Boise meridian; thence west to the northeast corner of section six (6), township seven (7) south, range thirty-four (34) east, Boise meridian; thence south four (4) miles to the southeast corner of section nineteen (19); thence east one (1) mile to the northeast corner of section twenty-nine (29); thence south four (4) miles to the southeast corner of section eight (8) township eight (8) south, range thirty-four (34) east Boise meridian; thence east two (2) miles to the northeast corner of section fifteen (15); thence south two and one-half (2 1/2) miles to the east quarter (E1/4) corner of section twenty-seven (27); thence east one (1) mile to the east quarter (E1/4) corner of section twenty-six (26); thence south one and one-half (1 1/2) miles to the southeast corner of section thirty-five (35), township eight (8) south, range thirty-four (34) east Boise meridian; thence east one (1) mile to the northeast corner of section one (1), township nine (9) south, range thirty-four (34) east, Boise meridian; thence south two (2) miles to the southeast corner of section twelve (12); thence east two (2) miles to the northeast corner of section seventeen (17), township nine (9) south, range thirty-five (35) east, Boise meridian; thence south one and one-half (1 1/2) miles to the east quarter (E1/4) corner of section twenty (20); thence west one-half (1/2) mile to the center of section twenty (20); thence south two and one-half (2 1/2) miles to the south quarter (S1/4) corner of section thirty-two (32), township nine (9) south, range thirty-five (35) east, Boise meridian; thence east to the northeast corner of section five (5), township ten (10) south, range thirty-five (35) east, Boise meridian; thence south one and one-quarter (1 1/4) miles to the southeast corner of the northeast quarter (NE1/4) of the northeast quarter (NE1/4) of section eight (8); thence west one-quarter (1/4) mile; thence south one-quarter (1/4) mile; thence west one and one-quarter (1 1/4) miles; thence south three-quarters (3/4) of a mile; thence west one-quarter (1/4) mile to the southwest corner of lot one (1) of section eighteen (18), township ten (10) south, range thirty-five (35) east, Boise meridian; thence south on the range line three and three-quarter (3 3/4) miles to the southwest corner of township ten (10) south, range thirty-five (35) east, Boise meridian; thence east one and three-quarters (1 3/4) miles to the northwest corner of section four (4), township eleven (11) south, range thirty-five (35) east, Boise meridian; thence south one (1) mile to the northwest corner of section nine (9); thence east one-quarter (1/4) mile; thence south one-half (1/2) mile; thence east one-half (1/2) mile; thence south one-half (1/2) mile; thence east one-quarter (1/4) mile to the northwest corner of section fifteen (15); thence south one-half (1/2) mile to the west one-quarter (1/4) corner of section fifteen (15); thence east one (1) mile; thence south one-half (1/2) mile to the northwest corner of section twenty-three (23), township eleven (11) south, range thirty-five (35) east, Boise meridian; thence following the unbroken crest of the main mountain range to the southeast corner of section twenty-four (24), township eleven (11) south, range thirty-five (35) east, Boise meridian; thence southerly and easterly along the crest of the mountains between Malad and Marsh valleys to a point on the north and south center line of section thirty-three (33), township twelve (12) south, range thirty-six (36) east, Boise meridian; thence north to the center line of section twenty-eight (28), township twelve (12) south, range thirty-six (36) east, Boise meridian; thence east three and one-half (3 1/2) miles through the center of sections twenty-seven (27), twenty-six (26) and twenty-five (25) to the east quarter (E1/4) corner of section twenty-five (25), township twelve (12) south, range thirty-six (36) east, Boise meridian; thence south between ranges thirty-six (36) and thirty-seven (37) east, Boise meridian; to the top of the crest of the mountains between Malad and Marsh valleys; thence in an easterly and southerly direction on the crest of the mountains between Malad and Marsh valleys to a point on the Oxford mountain range where the same is intersected by the one-sixteenth (1/16) section line, eighty (80) rods, more or less, south of the township line between township thirteen (13) and fourteen (14) south.
Southern boundary. Thence east to the southeast corner of lot one (1), section four (4), township fourteen (14) south, range thirty-nine (39) east, Boise meridian; thence north six and one-quarter (6 1/4) miles to the northwest corner of section three (3), township thirteen (13) south, range thirty-nine (39) east, Boise meridian; thence east on township line sixteen and one-quarter (16 1/4) miles, more or less, to the summit of the Bear River range.
Eastern boundary. Thence north following the unbroken crest of the Bear River range to its intersection with the township line between townships nine (9) and ten (10) south; thence west on the township line to the southwest corner of section thirty-two (32), township nine (9) south, range forty-one (41) east, Boise meridian; thence north three (3) miles to the northwest corner of section twenty (20); thence west one (1) mile to the southwest corner of section eighteen (18), township nine (9) south, range forty-one (41) east, Boise meridian; thence north nine (9) miles to the northwest corner of section six (6), township eight (8) south, range forty-one (41) east, Boise meridian; thence west four (4) miles to the southwest corner of section thirty-three (33), township seven (7) south, range forty (40) east, Boise meridian; thence north six (6) miles to the northwest corner of section four (4), township seven (7) south, range forty (40) east, Boise meridian; thence west one and one-half (1 1/2) miles to the southwest corner of section thirty-one (31), township six (6) south, range forty (40) east, Boise meridian; thence north six (6) miles to the northwest corner of township six (6) south, range forty (40) east, Boise meridian; thence west six (6) miles to the southwest corner of township five (5) south, range thirty-nine (39) east, Boise meridian; thence north to the township line between townships four (4) and five (5) south.
Northern boundary. Thence west along said township line between townships four (4) and five (5) south to the place of beginning.
[(31-105) Compiled and reen. C.L. 3:5; C.S., sec. 9; am. 1927, ch. 256, sec. 4, p. 431; I.C.A., sec. 30-105.]
Bear Lake county is described as follows: beginning at the twenty-third (23d) mile post on the boundary line between Utah and Idaho;
Western boundary. Thence northerly along the summit of the range of mountains between Cache valley and Bear Lake valley to the corner of townships nine (9) and ten (10) south, range forty-one (41) east;
Northern boundary. Thence east twelve (12) miles; thence north to the summit of the divide between the waters of Bear river and the waters of Blackfoot river; thence easterly along said last named summit to the line between Wyoming and Idaho;
Eastern boundary. Thence south on said last named line to the southeast corner of Idaho;
Southern boundary. Thence west to the place of beginning.
County seat–Paris.
[(31-106) Compiled and reen. C.L. 3:6; C.S., sec. 10; I.C.A., sec. 30-106.]
Benewah county is described as follows: beginning at the point of intersection of the Idaho-Washington state line with the north boundary line of township forty-six (46) north;
Western boundary. Thence south along said state line to the point of intersection of said state line with the north boundary line of the county of Latah, as now constituted;
Southern boundary. Thence in a southeasterly and easterly direction along said north boundary line of the county of Latah to the northeast corner of section four (4), township forty-two (42) north, range one (1) east, being the northeast corner of Latah county with Benewah county to the north and Shoshone county to the east;
Thence east along the township line, approximately 15.50 chains (1,023 feet) to the west sixteenth corner of section thirty-four (34), township forty-three (43) north, range one (1) east, being the southeast corner of Benewah county with Shoshone county to the east and south;
Eastern boundary. Thence north along the western boundary of Shoshone county to the northeast corner section twenty-one (21), township forty-seven (47) north, range one (1) east, being the northeast corner of Benewah county with Kootenai county to the north and Shoshone county to the east;
Northern boundary. Thence west along the north boundary line of sections twenty-one (21), twenty (20) and nineteen (19), township forty-seven (47) north, range one (1) east, to the point of intersection with the Boise meridian; thence along said Boise meridian to the northeast corner of section twenty-four (24), township forty-seven (47) north, range one (1) west; thence west along the north boundary line of sections twenty-four (24), twenty-three (23), twenty-two (22), twenty-one (21), twenty (20) and nineteen (19), township forty-seven (47) north, range one (1) west, to the range line between township forty-seven (47) north, range one (1) west, and township forty-seven (47) north, range two (2) west; thence along said last-mentioned range line to the northeast corner of section twenty-four (24), township forty-seven (47) north, range two (2) west; thence continuing west along the north boundary lines of sections twenty-four (24), twenty-three (23), twenty-two (22), to the northwest corner of section twenty-two (22), township forty-seven (47) north, range two (2) west; thence south along the west line of section twenty-two (22), township forty-seven (47) north, range two (2) west, to the northwest corner of section twenty-seven (27), township forty-seven (47) north, range two (2) west; thence west along the north line of sections twenty-eight (28) and twenty-nine (29), township forty-seven (47) north, range two (2) west, to the northwest corner of section twenty-nine (29), township forty-seven (47) north, range two (2) west; thence south along the west line of sections twenty-nine (29) and thirty-two (32), township forty-seven (47) north, range two (2) west, to the southwest corner of section thirty-two (32), township forty-seven (47) north, range two (2) west; thence west along the township line between townships forty-six (46) and forty-seven (47) north, range two (2) west, to the intersection of the range line between ranges two (2) and three (3) west; thence continuing west along the township line between townships forty-six (46) and forty-seven (47) north, range three (3) west, to the southwest corner of section thirty-three (33), township forty-seven (47) north, range three (3) west; thence north along the west line of section thirty-three (33), township forty-seven (47) north, range three (3) west, to the northwest corner of section thirty-three (33), township forty-seven (47) north, range three (3) west; thence west along the north line of sections thirty-two (32) and thirty-one (31), township forty-seven (47) north, range three (3) west, to the range line between ranges three (3) and four (4) west; thence south along the said range line to the northeast corner of section thirty-six (36), township forty-seven (47) north, range four (4) west; thence west along the north line of sections thirty-six (36) and thirty-five (35), township forty-seven (47) north, range four (4) west, to the northwest corner of section thirty-five (35), township forty-seven (47) north, range four (4) west; thence south along the west line of said section thirty-five (35), township forty-seven (47) north, range four (4) west, to the southwest corner of said section thirty-five (35), township forty-seven (47) north, range four (4) west; thence west along the north line of township forty-six (46) north, ranges four (4), five (5), and six (6) west, to the point of beginning.
County seat–St. Maries.
[(31-107) Compiled and reen. C.L. 3:7; C.S., sec. 11; I.C.A., sec. 30-107; am. 2024, ch. 222, sec. 1, p. 778.]
Bingham county is described as follows: beginning at the northwest corner of section thirty-one (31), township six (6) south, range thirty (30) east:
Southern boundary. Thence east along the section line between sections thirty-one (31) and thirty (30), township and range aforesaid, and an extension thereof to the point where such extended line intersects with the center of the west channel of Snake river; thence up the center of the west channel of Snake river and the center of the main channel of Snake river to the intersection of the township line between townships four (4) and five (5) south; thence east along the said township line between townships four (4) and five (5) south to the southwest corner of township four (4) south, range forty-two (42) east;
Eastern boundary. Thence north along the range line between ranges forty-one (41) and forty-two (42) east to the southeast corner of township one (1) south, range forty-one (41) east;
Northern boundary. Thence west along the township line between township one (1) and township two (2) south, to the southwest corner of township one (1) south, range forty (40) east; thence north along the range line to the base line; thence west along the base line to the southwest corner of township one (1) north, range thirty-eight (38) east; thence north along the range line to the northeast corner of section twenty-four (24), township one (1) north, range thirty-seven (37) east; thence west along section lines to the southwest corner of section fifteen (15), township one (1) north, range thirty-seven (37) east; thence north along the section line to the northwest corner of said section fifteen (15), township one (1) north, range thirty-seven (37) east; thence west, following the section lines to the range line between ranges thirty-three (33) and thirty-four (34) east; thence north to the south line of Jefferson county; thence west along the south line of Jefferson county to the southeast corner of township four (4) north, range thirty-one (31) east; thence westerly along said township line seven and eighty-one hundredths (7.81) chains to the closing corner of sections three (3) and four (4), township three (3) north, range thirty-two (32) east, Boise meridian;
Western boundary. Thence south along section lines to the corner of sections three (3), four (4), thirty-three (33) and thirty-four (34), townships two (2) and three (3) north, range thirty-two (32) east; thence west along the township line to the corner of townships two (2) and three (3) north, ranges thirty (30) and thirty-one (31) east, Boise meridian; thence south along the range line to the corner of township two (2) north, ranges thirty (30) and thirty-one (31) east, Boise meridian; thence west along the township line to the closing corner of sections three (3) and four (4), township one (1) north, range thirty (30) east; thence south along the section lines to the standard corner of sections thirty-three (33) and thirty-four (34), township one (1) north, range thirty (30) east; thence west to closing corner of sections three (3) and four (4), township one (1) south, range thirty (30) east; thence south along section lines to the corner of sections three (3), four (4), thirty-three (33) and thirty-four (34), townships one (1) and two (2) south, range thirty (30) east; thence west along said township line to the corner of townships one (1) and two (2) south, ranges twenty-nine (29) and thirty (30) east, Boise meridian; thence south along the range line between townships twenty-nine (29) and thirty (30) east, to place of beginning.
County seat–Blackfoot.
[(31-108) Compiled and reen. C.L. 3:8; C.S., sec. 12; am. 1921, ch. 210, sec. 1, p. 420; I.C.A., sec. 30-108.]
Blaine county is described as follows: beginning at the southeast corner of township two (2) south, range seventeen (17) east, thence east along the township line between townships two (2) and three (3) south, to the intersection of the same with the line between ranges twenty-five (25) and twenty-six (26) east; thence south along the said range line to the middle of the channel of Snake river; thence up the center of the said channel of Snake river to the point of intersection with the range line between ranges twenty-seven (27) and twenty-eight (28) east; thence north along and upon said range line to the northwest corner of township nine (9) south, range twenty-eight (28) east; thence east upon and along the north line of said township nine (9) south, to the northeast corner of section four (4), township nine (9) south, range twenty-eight (28) east; thence in a northerly direction along and upon the section line which when surveyed will be between sections thirty-three (33) and thirty-four (34), township eight (8) south, range twenty-eight (28) east; and an extension of such line to the point where such extended line will intersect with the township line which when surveyed will be the township line between townships seven (7) and eight (8) south, range twenty-eight (28) east; thence west upon the township line to a point which when surveyed will be the southwest corner of township seven (7) south, range twenty-eight (28) east; thence north along and upon the range line which when surveyed will be the range line between ranges twenty-seven (27) and twenty-eight (28) east to a point which when surveyed and established will be the northwest corner of township four (4) south, range twenty-eight (28) east; thence east along and upon the north line of said township four (4) south to the northeast corner of township four (4) south, range twenty-nine (29) east; thence north along the range line between townships twenty-nine (29) and thirty (30) east, to the northeast corner of township two (2) south, range twenty-nine (29) east, thence west to what will be, when surveyed, the southwest corner of township one (1) south, range twenty-seven (27) east; thence north to what will be, when surveyed, the southwest corner of township one (1) north, range twenty-seven (27) east; thence west to the southeast corner of section thirty-one (31) in township one (1) north, range twenty-four (24) east; thence north to the summit of the range of mountains dividing the headwaters of Fish creek, Cottonwood creek and Copper creek from the waters of Lava creek, Champagne creek and Antelope creek; thence northwesterly along the summit of said range of mountains to the southern boundary line of Custer county; thence westerly along and upon the summit of the range of mountains dividing the headwaters of the East Fork of the Salmon river from the waters of the Little and Big Wood rivers and continuing westerly on the said divide between the East Fork of the Salmon and Wood rivers to the intersection of the longitude line of longitude one hundred fourteen (114) degrees, forty (40) minutes west from Greenwich; thence north on said longitude line to a point on said divide due east of the northeast corner of section twenty-four (24), township seven (7) north, range fourteen (14) east; thence due west to the northeast corner of section twenty-four (24), township seven (7) north, range fourteen (14) east; thence west along and upon the section lines to the corner of sections fifteen (15), sixteen (16), twenty-one (21) and twenty-two (22), township seven (7) north, range fourteen (14) east; thence north along and upon the section lines to the corner of sections three (3) and four (4) and thirty-three (33) and thirty-four (34), township seven (7) and eight (8) north, range fourteen (14) east; thence north along and upon the section lines to the one-quarter (1/4) section corner between sections twenty-seven (27) and twenty-eight (28), township eight (8) north, range fourteen (14) east; thence west along and upon the one-quarter (1/4) section lines to the west one-quarter (1/4) section corner of section thirty (30), township eight (8) north, range fourteen (14) east; thence southwesterly along and upon the summit of the mountains dividing the waters of Yellow Belly lake and Pettit lake to the summit of the Sawtooth mountains; thence following the summit of the said mountains to where the trail crosses the summit of what is known as Mattingly creek divide on the boundary line of Camas county; thence southeasterly along the boundary line of Camas county to the place of beginning.
County seat–Hailey.
[(31-109) Compiled and reen. C.L. 3:9; C.S., sec. 13; am. 1921, ch. 210, sec. 2, p. 420; am. 1925, ch. 189, sec. 1, p. 345; I.C.A., sec. 30-109.]
Boise county is described as follows: beginning at the confluence of Mores creek with the Boise river, at the center of the channel of Boise river;
Western boundary. Thence north forty-four (44) degrees and thirty-eight (38) minutes west (R.C., section 23f), until the said line intersects the north line of township five (5) north; thence east along the north boundary of township five (5) north to the northeast corner of township five (5) north, range one (1) east; thence north twenty-four (24) miles to the northeast corner of township nine (9) north, range one (1) east;
Northern boundary. Thence east (1915, ch. 165, section 2, p. 363) along the second (2) standard parallel north, to the center of the North Fork of the Payette river; thence northerly along the river to the intersection with the line between townships ten (10) and eleven (11) north; thence east to the ridge dividing the waters of the Salmon and Payette rivers (1917, ch. 99, section 2, p. 361); thence in an easterly direction along the divide which separates the waters of the Payette river and its tributaries from the waters of Salmon river and its tributaries (Special and Local Laws, 120), to the head of the Middle Fork of Salmon river;
Eastern boundary. Thence southerly along the divide which separates the water flowing into the South Payette river and Bear Valley creek from that flowing into the main Salmon river and Cape Horn creek to the summit of the Sawtooth mountains; thence southerly along the summit of the Sawtooth mountains (15 Ter. Ses. 26) to the headwaters of the North Fork of Boise river;
Southern boundary. Thence down the center of the channel of the North Fork of Boise river and the main Boise river to the place of beginning (3 Ter. Ses. 214).
County seat–Idaho City.
[(31-110) Compiled and reen. C.L. 3:10; C.S., sec. 14; I.C.A., sec. 30-110; am. 2004, ch. 246, sec. 1, p. 712.]
Bonner county is described as follows: beginning at a point where the township line between townships fifty-three (53) and fifty-four (54) north intersects the boundary line between the state of Idaho and the state of Washington;
Southern boundary. Thence east on said township line between townships fifty-three (53) and fifty-four (54) north, to the northeast corner of township fifty-three (53) north, range three (3) west; thence north on the range line between sections thirty-six (36) and thirty-one (31), to the northeast corner of section thirty-six (36), township fifty-four (54) north, range three (3) west; thence east six (6) miles to the northeast corner of section thirty-six (36), township fifty-four (54) north, range two (2) west; thence south along the range line between ranges one (1) and two (2) west, to the southwest corner of township fifty-three (53) north, range one (1) west; thence east on the township line between townships fifty-two (52) and fifty-three (53) north, to the northeast corner of section four (4), township fifty-two (52) north, range one (1) east, being the northeast corner of Kootenai county with Shoshone county to the east and Bonner county to the north;
Thence east on said township line approximately 32.24 chains (2,128 feet) to the south quarter corner of section thirty-four (34), township fifty-three (53) north, range one (1) east, being the southeast corner of Bonner county with Shoshone county to the south and east;
Thence north along the west boundary line of Shoshone county to the northwest corner thereof; thence in an easterly direction along the summit of the Coeur d’Alene range of mountains to the west line of the state of Montana;
Eastern boundary. Thence north along the boundary line between the state of Idaho and the state of Montana (R.C., section 23g) to a point where the south line of township sixty (60) north of range three (3) east intersects the boundary line between the state of Idaho and the state of Montana;
Northern boundary. Thence west along said south line of township sixty (60) through ranges three (3), two (2), and one (1) east, and ranges one (1), two (2), and three (3) west, to the southwest corner of township sixty (60) north, range three (3) west; thence north along the range line between ranges three (3) and four (4) west, to the point where the north line of township sixty-three (63) north, intersects the range line between ranges three (3) and four (4) west; thence west along the said north line of township sixty-three (63) north, ranges four (4) and five (5) west, to a point on the state line between the states of Idaho and Washington where the same is intersected by the said north line of township sixty-three (63) north, range five (5) west (1915, ch. 7, section 2, p. 21);
Western boundary. Thence south along the boundary line between the state of Idaho and the state of Washington to the place of beginning (R.C., section 23g).
County seat–Sandpoint.
[(31-111) Compiled and reen. C.L. 3:11; C.S., sec. 15; I.C.A., sec. 30-111; am. 2024, ch. 222, sec. 2, p. 779.]
Bonneville county is described as follows: beginning at the northeast corner of Bannock county;
Southern boundary. Thence west along the north line of Bannock county to the southwest corner of township four (4) south, range forty-two (42) east; thence north along the range line between ranges forty-one (41) and forty-two (42) east, to the southeast corner of township one (1) south, range forty-one (41) east; thence west along the township line between township one (1) and township two (2) south, to the southwest corner of township one (1) south, range forty (40) east; thence north along the range line to the base line; thence west along the base line to the southwest corner of township one (1) north, range thirty-eight (38) east; thence north along the range line to the northeast corner of section twenty-four (24), township one (1) north, range thirty-seven (37) east; thence west along section lines to the southwest corner of section fifteen (15), township one (1) north, range thirty-seven (37) east; thence north along the section line to the northwest corner of said section fifteen (15), township one (1) north, range thirty-seven (37) east; thence west, following the section lines to the range line between ranges thirty-three (33) and thirty-four (34) east;
Western boundary. Thence north (1911, ch. 5, section 2, pp. 8, 9) to the line between townships three (3) and four (4) north;
Northern boundary. Thence east along the said township line between townships three (3) and four (4) north (1893, p. 94), to a point where the said line bisects the top or comb of the Big Hole mountain range; thence following along the top or comb of the said mountains in a southeasterly direction (R.C., section 23l) to the west line of the state of Wyoming;
Eastern boundary. Thence south along the west line of the state of Wyoming to the point of beginning (1911, ch. 5, section 2, p. 9).
County seat–Idaho Falls.
[(31-112) Compiled and reen. C.L. 3:12; C.S., sec. 16; I.C.A., sec. 30-112.]
Boundary county is described as follows: beginning at a point on the state line between the states of Idaho and Washington where the same is intersected by the north line of township sixty-three (63) north, range five (5) west;
Southern boundary. Thence east along the said north line of township sixty-three (63) north, ranges five (5) and four (4) west, to the range line between ranges three (3) and four (4) west; thence south along said range line to the southwest corner of township sixty (60) north, range three (3) west; thence east along said south line of township sixty (60) through ranges three (3), two (2) and one (1) west, and ranges one (1), two (2) and three (3) east, to the state line between the state of Idaho and Montana;
Eastern boundary. Thence north along said state line to the international boundary line between the United States and the Dominion of Canada;
Northern boundary. Thence west along said international boundary to its junction with the state line between the states of Idaho and Washington;
Western boundary. Thence south along said state line to the point of beginning.
County seat–Bonners Ferry.
[(31-113) Compiled and reen. C.L. 3:13; C.S., sec. 17; I.C.A., sec. 30-113.]
Butte county is described as follows: beginning at the point, which, when surveyed, will be the southeast corner of section thirty-one (31), township one (1) north, range twenty-four (24) east;
Western boundary. Thence north to the summit of the range of mountains dividing the headwaters of Fish creek, Cottonwood creek and Copper creek from the waters of Lava creek, Champagne creek and Antelope creek; thence northwesterly along the summit of said range of mountains to the present boundary line between Blaine and Custer counties; thence in a northerly direction along and upon the boundary line of Custer county to the point of intersection with the southern boundary line of Lemhi county;
Northern boundary. Thence east along southern boundary line of Lemhi county and township line between townships ten (10) and eleven (11) north to the corner of sections three (3), four (4), thirty-three (33) and thirty-four (34), townships ten (10) and eleven (11) north, range twenty-nine (29) east on western boundary line of Clark county; thence south along the section lines and western boundary line of Clark county, to the corner of sections three (3), four (4), thirty-three (33) and thirty-four (34), townships seven (7) and eight (8) north, range twenty-nine (29) east, the southwest corner of Clark county; thence east along the southern boundary line of Clark county and township line between townships seven (7) and eight (8) north, to the corner of townships seven (7) and eight (8) north, ranges thirty-one (31) and thirty-two (32) east on west boundary of Jefferson county;
Eastern boundary. Thence south along range line between ranges thirty-one (31) and thirty-two (32) east, and western boundary line of Jefferson county, to the southeast corner of township four (4) north, range thirty-one (31) east, Boise meridian; thence westerly along the township line seven and eighty-one hundredths (7.81) chains to the closing corner of sections three (3) and four (4), township three (3) north, range thirty-two (32) east, Boise meridian; thence south along section lines to the corner of sections three (3), four (4), thirty-three (33) and thirty-four (34), townships twenty-two (22) and three (3) north, range thirty-two (32) east, on the western boundary of Bingham county; thence west along the township line and western boundary line of Bingham county to the corner of townships two (2) and three (3) north, ranges thirty (30) and thirty-one (31) east, Boise meridian; thence south along the range line and western boundary line of Bingham county to the corner of township two (2) north, ranges thirty (30) and thirty-one (31) east, Boise meridian; thence west along the township line and western boundary line of Bingham county to the closing corner of sections three (3) and four (4), township one (1) north, range thirty (30) east; thence south along the section lines and western boundary line of Bingham county to the standard corner of sections thirty-three (33) and thirty-four (34), township one (1) north, range thirty (30) east; thence west to closing corner of sections three (3) and four (4), township one (1) south, range thirty (30) east; thence south along section lines and western boundary line of Bingham county to the corner of sections three (3), four (4), thirty-three (33) and thirty-four (34), townships one (1) and two (2) south, range thirty (30) east;
Southern boundary. Thence west along township line and boundary line of Bingham and Blaine counties to what will be, when surveyed, the southwest corner of township one (1) south, range twenty-seven (27) east, Boise meridian; thence north along the boundary line of Blaine county and what will be, when surveyed, the west boundary of township one (1) south, range twenty-seven (27) east, Boise meridian, to what will be, when surveyed, the northwest corner of township one (1) south, range twenty-seven (27) east, Boise meridian; thence west along the Base line and boundary line of Blaine county to the southeast corner of section thirty-one (31), township one (1) north, range twenty-four (24) east, Boise meridian, to place of beginning.
[(31-114) Compiled and reen. C.L. 3:14; C.S., sec. 18; am. 1921, ch. 204, sec. 1, p. 411; I.C.A., sec. 30-114.]
Camas county is described as follows: beginning at the southwest corner of township two (2) south, range twelve (12) east;
Southern boundary. Thence due east along the township line between townships two (2) and three (3) south, to the southeast corner of township two (2) south, range seventeen (17) east;
Eastern boundary. Thence north along the township line between ranges seventeen (17) and eighteen (18) east, to the southeast corner of section twelve (12), township two (2) south, range seventeen (17) east; thence west one (1) mile, to the southwest corner of section twelve (12), township two (2) south, range seventeen (17) east; thence north along the section line to the intersection of said line and the center of the channel of Big Wood river; thence westerly along said Big Wood river to the junction of Big Wood river and Malad river (or Camas creek); thence westerly along the center of the channel of Malad river (or Camas creek) to the intersection of said river and the section line between sections fourteen (14) and fifteen (15), township one (1) south, range sixteen (16) east; thence north along said section line to the township line between township one (1) south, range sixteen (16) east, and township one (1) north, range sixteen (16) east; thence east along said township line to the southeast corner of section thirty-four (34), township one (1) north, range sixteen (16) east; thence north along the section line two (2) miles to the northeast corner of section twenty-seven (27), township one (1) north, range sixteen (16) east; thence west along the section line one (1) mile to the northwest corner of section twenty-seven (27), township one (1) north, range sixteen (16) east; thence northerly along the section line to the main divide between Beaver creek on the west and Camp creek on the east; continuing thence northerly along the summit of the said mountain range or watershed between Beaver creek and Camp creek to its junction with the summit of the mountain range or watershed dividing Willow creek and its tributaries on the west and Big Wood river and its tributaries on the east; thence continuing northerly and westerly along the said last-mentioned summit across Buttercup mountain to a point which is approximately five (5) miles northwest of Buttercup mountain and two (2) miles south of the U.S.G.S. bench mark elevation 7281, on Warm Spring creek, which point is marked "Elevation 8588" on U.S.G.S. topographical map of Idaho Sawtooth quadrangle, edition of January, 1900, reprinted February, 1909; thence continuing along the summit about north thirty-five (35) degrees west to a point designated on said map of said quadrangle as "Elevation 8492"; thence westerly along said summit to a point marked "Elevation 9310" on said map; thence northerly along the summit of the Smoky mountains forming the summit of the watershed dividing the Boise river and its tributaries on the west, the Big Wood river and its tributaries on the east to its intersection with the summit of the Sawtooth mountains at a point marked "Elevation 10,000" on said map, where the said summit of the Sawtooth mountains forms a watershed dividing the Boise river and its tributaries on the west and south, the Salmon river and its tributaries on the west and north, and Big Wood river and its tributaries on the east;
Northern boundary. Thence westerly along the summit of the Sawtooth mountains, where it forms a watershed between the Boise river and its tributaries on the south, and the Salmon river and its tributaries on the north to its intersection with the eastern boundary of Elmore county at a point where the trail crosses the summit of what is known as Mattingly Creek divide;
Western boundary. Thence in a southerly direction along the main divide between the middle fork and the south fork of the Boise river to a point on the divide between Willow creek and Bear creek; thence in a southerly direction on the main divide between Willow creek and Skeleton creek to the center of the channel of the south fork of the Boise river; thence down the channel of the river to the point of intersection with the range line between ranges eleven (11) and twelve (12) east, approximately in township three (3) north; thence south along the range line between ranges eleven (11) and twelve (12) to the township line between townships two (2) and three (3) south, the point of beginning.
County seat–Fairfield.
[(31-115) Compiled and reen. C.L. 3:15; C.S., sec. 19; I.C.A., sec. 30-115; am. 1985, ch. 112, sec. 1, p. 218.]
Canyon county is described as follows: beginning at a point in the middle of the channel of Snake river, where the line between township one (1) south, range one (1) west, and township one (1) south, range two (2) west, crosses said river;
Eastern boundary. Thence north to the northwest corner of township one (1) north, range one (1) west; thence east to the southeast corner of section thirty-two (32), township two (2) north, range one (1) west; thence north to the northwest corner of section four (4), township three (3) north, range one (1) west; thence west to the northwest corner of township three (3) north, range one (1) west; thence north to the northwest corner of township five (5) north, range one (1) west (R.C., section 23h);
Northern boundary. Thence west on the township line between townships five (5) and six (6), to the southwest corner of section thirty-one (31), township six (6) north, range three (3) west (1915, ch. 165, section 2, p. 363; 1917, ch. 11, section 2, p. 15); thence south on range line between ranges three (3) and four (4), one-half (1/2) mile to the east quarter corner of section one (1), township five (5) north, range four (4) west; thence west along the center line of sections one (1) and two (2), said township and range, two (2) miles to the east quarter corner of section three (3), said township and range; thence south along the section line one-half (1/2) mile to the southeast corner of section three (3), said township and range; thence west along the section line three (3) miles to the southwest corner of section five (5), said township and range; thence north along the section line one (1) mile to the northwest corner of section five (5), said township and range; thence west along the township line between townships five (5) and six (6) north, two (2) miles to the southwest corner of section thirty-six (36), township six (6) north, range five (5) west; thence north along the section line one (1) mile to the northwest corner of section thirty-six (36), said township and range; thence west along the section line one (1) mile to the southwest corner of section twenty-six (26), said township and range; thence north along the section line one (1) mile to the southwest corner of section twenty-three (23), said township and range; thence west along the section line two (2) miles to the southwest corner of section twenty-one (21), said township and range; thence north along the section line three (3) miles to the northwest corner of section nine (9), said township and range; thence west along the section line one and one-half (1 1/2) miles, more or less, to an intersection with the west line of the state of Idaho (1917, ch. 11, section 2, p. 15);
Western boundary. Thence up the middle of the channel of Snake river to the boundary line between Idaho and Oregon; thence south along the boundary line between Idaho and Oregon to the middle of Snake river;
Southern boundary. Thence up the middle of the channel of Snake river to the place of beginning (R.C., section 23h).
County seat–Caldwell.
[(31-116) Compiled and reen. C.L. 3:16; C.S., sec. 20; I.C.A., sec. 30-116.]
Caribou county is described as follows: commencing at the northwest corner of township five (5) south, range thirty-nine (39) east of Boise meridian;
Northern boundary. Thence east along the township line between townships four (4) and five (5) south, Boise meridian, to the northeast corner of township five (5) south, range forty-six (46) east, Boise meridian, or to the Wyoming and Idaho state line;
Eastern boundary. Thence south along the Idaho and Wyoming state line to the corner of Bear Lake and Bannock counties;
Southern boundary. Thence in a westerly direction along the line between Bear Lake and Bannock counties to the southwest corner of township nine (9) south, range forty-two (42) east, Boise meridian; thence west along township line between nine (9) and ten (10) south, range forty-one (41) east, to the southwest corner of section thirty-two (32), township nine (9) south, range forty-one (41) east, Boise meridian;
Western boundary. Thence north three (3) miles along section line to the northwest corner of section twenty (20), township nine (9) south, range forty-one (41) east, thence west one (1) mile to the southwest corner of section eighteen (18), township nine (9) south, range forty-one (41) east; thence north nine (9) miles to the northwest corner of section six (6), township eight (8) south, range forty-one (41) east, thence west four (4) miles to the southwest corner of section thirty-three (33), township seven (7) south, range forty (40) east; thence north six (6) miles more or less to the northwest corner of section four (4), township seven (7) south, range forty (40) east; thence west along the line of first standard parallel one and one-half (1 1/2) miles to the southwest corner of section thirty-one (31), township six (6) south, range forty (40) east; thence north six (6) miles to the northwest corner of township six (6) south, range forty (40) east; thence west six (6) miles to the southwest corner of township five (5) south, range thirty-nine (39) east; thence north six (6) miles to place of beginning.
County seat–Soda Springs.
[(31-117) 1919, ch. 5, secs. 2, 5, p. 23; C.S., sec. 21; I.C.A., sec. 30-117.]
Cassia county is described as follows: beginning with the intersection of the center of the main channel of Snake river with the north and south center line of section twenty-eight (28), township ten (10) south, range twenty-one (21) east;
Western boundary. Thence south on the said center line of said section twenty-eight (28), to the point of intersection of the north line of the right of way of the Minidoka & Southwestern Railroad Company, which point is one hundred (100) feet distant at right angles from the center of the main track of the line of road of said railroad company as the same is now located; thence in a southwesterly direction along the north line of said railroad right of way to a point where said line intersects the south line of the canal right of way of the Twin Falls Land & Water Company, which point of intersection is one hundred (100) feet distant at right angles from the center line of the main canal of the said Twin Falls Land & Water Company; thence south to the south line of section thirty-six (36), township ten (10) south, range twenty (20) east; thence west to the southwest corner of said section thirty-six (36); thence south on the section lines to the south line of township eleven (11) south, thence west to the southeast corner of township eleven (11) south, range eighteen (18) east; thence south on the range lines to the south line of the state of Idaho (1907, p. 40);
Southern boundary. Thence east along the south boundary line of the state of Idaho to the intersection of the same with the one hundred thirteenth (113th) meridian west from Greenwich;
Eastern boundary. Thence north along the said meridian to the intersection of the same with the (R.C., section 23i) southern line of township twelve (12) south; thence west upon and along the southern line of said township twelve (12), to the southwest corner of township twelve (12) south, range thirty (30) east; thence north upon the range line between ranges twenty-nine (29) and thirty (30) east, to the southwest corner of township nine (9) south, range thirty (30) east;
Northern boundary. Thence west along and upon the south line of township nine (9) south, to the southwest corner of section thirty-four (34), township nine (9) south, range twenty-eight (28) east; thence north upon and along the line between sections thirty-three (33) and thirty-four (34), township nine (9) south, range twenty-eight (28) east, and an extension thereof to the point where said line so extended intersects the center of the main channel of Snake river (1913, ch. 6, section 2, p. 32); thence down the center of the main channel of said river in a southwesterly direction to the point of beginning (R.C., section 23i).
County seat– Burley.
[(31-118) Compiled and reen. C.L. 3:17; C.S., sec. 22; I.C.A., sec. 30-118; am. 1989, ch. 9, sec. 1, p. 10; am. 2024, ch. 208, sec. 1, p. 743.]
Clark county is described as follows: beginning at a point on the Idaho-Montana state line directly north of the point where the east line of section four (4), township thirteen (13) north, range forty-one (41) east, Boise meridian, intersects the north line of said township thirteen (13) north;
Eastern boundary. Thence south to the southeast corner of section thirty-three (33), township thirteen (13) north, range forty-one (41) east, Boise meridian; thence west along the south line of said township thirteen (13) to the southwest corner of section thirty-one (31), township thirteen (13) north, range forty (40) east, Boise meridian; thence south along the range line between range thirty-nine (39) east, Boise meridian, and range forty (40) east, Boise meridian, to its intersection with the south line of township twelve (12) north; thence west along the south line of said township twelve (12) north, to the southeast corner of section thirty-three (33), township twelve (12) north, range thirty-nine (39) east, Boise meridian; thence south to what will be, when surveyed, the southeast corner of section sixteen (16), township ten (10) north, range thirty-nine (39) east, Boise meridian; thence west to the southeast corner of section thirteen (13), township ten (10) north, range thirty-eight (38) east, Boise meridian; thence south along the range line between range thirty-eight (38) east, Boise meridian, and range thirty-nine (39) east, Boise meridian, to its intersection with the south line of township ten (10) north; thence west along the said south line of township ten (10) north, to its intersection with the range line between range thirty-seven (37) east, Boise meridian, and thirty-eight (38) east, Boise meridian; thence south along said range line to its intersection with the south line of township nine (9) north;
Southern boundary. Thence west along south line of said township nine (9), to its intersection with the range line between range thirty-one (31) east, Boise meridian, and range thirty-two (32) east, Boise meridian; thence south along said range line to its intersection with the south line of township eight (8) north; thence west along said township line to the corner of sections three (3), four (4), thirty-three (33) and thirty-four (34), townships seven (7) and eight (8) north, range twenty-nine (29) east, the eastern boundary line of Butte county;
Western boundary. Thence north along the section line and the eastern boundary line of Butte county to the corner of sections three (3), four (4), thirty-three (33) and thirty-four (34), township ten (10) and eleven (11) north, range twenty-nine (29) east; thence east along said township line to its intersection with the range line between range thirty (30) east, Boise meridian, and range thirty-one (31) east, Boise meridian, being the southeast corner of Lemhi county; thence north along said range line to the Idaho-Montana state line;
Northern boundary. Thence easterly along said state line to the point of beginning.
County seat–Dubois.
[(31-119) 1919, ch. 3, secs. 2, 5, p. 4; C.S., sec. 23; 1921, ch. 194, sec. 1, p. 395; I.C.A., sec. 30-119.]
Clearwater county is described as follows: beginning at the mouth of Lolo creek;
Southern boundary. Thence in a northeasterly direction up the middle of the channel to the head of said Lolo creek; thence northeasterly in a direct line to a point where the Montana-Idaho state line intersects the Lolo pass at the summit of the Bitterroot mountains;
Eastern boundary. Thence in a northwesterly direction along said Montana-Idaho state line to the intersection of the same with the northern boundary of township forty-one (41) north;
Northern boundary. Thence west along said northern boundary line to the north quarter corner of section three (3), township forty-one (41) north, range one (1) east, being the northeast corner of Clearwater county with Shoshone county to the north and Latah county to the west;
Western boundary. Thence south along midsection lines, approximately 6 miles to the south quarter corner of section thirty-four (34), township forty-one (41) north, range one (1) east;
Thence west along the township line, approximately 22.8 chains (1,505 feet) to the west sixteenth corner of section three (3), township forty (40) north, range one (1) east;
Thence south along sixteenth section subdivision lines, approximately 1 mile to the west sixteenth corner of sections three (3) and ten (10), township forty (40) north, range one (1) east;
Thence west along the section line, 90 feet to a duly surveyed property corner monument;
Thence south along the property line, approximately 1 quarter mile to a duly surveyed property corner monument;
Thence east along the section subdivision line, 90 feet to the northwest sixteenth corner of section ten (10), township forty (40) north, range one (1) east;
Thence south along sixteenth section subdivision lines, approximately 4 and 3 quarter miles to the west sixteenth corner of sections thirty-four (34) and three (3), townships forty (40) north and thirty-nine (39) north, range one (1) east;
Thence west along the township line, approximately 90 feet to an unmonumented point;
Thence south approximately 1 half mile to a duly surveyed property corner monument;
Thence south approximately 1 half mile to a duly surveyed property corner on the south line of section three (3), township thirty-nine (39) north, range one (1) east;
Thence west along the section line approximately 1230 feet to the northeast corner of section 9, township thirty-nine (39) north, range one (1) east;
Thence south along section lines, approximately 5 miles to the southeast corner of section thirty-three (33), township thirty-nine (39) north, range one (1) east;
Thence east along the township line, approximately 5.83 chains (385 feet) to the northeast corner of section four (4), township thirty-eight (38) north, range one (1) east;
Thence south along section lines, approximately 3 miles to the middle line of the township, and the southeast corner of section sixteen (16), township thirty-eight (38) north, range one (1) east, being the southeast corner of Latah county with Clearwater county to the east and south; thence west along said middle line of township thirty-eight (38) north, to the northwest corner of section twenty-two (22), township thirty-eight (38) north, range one (1) west; thence south to the north boundary line of the Nez Perce Indian reservation; thence easterly along said reservation line to the intersection of the same with the line running south between sections fifteen (15) and sixteen (16), township thirty-seven (37) north, range one (1) west; thence south on the said line between sections fifteen (15) and sixteen (16) to the middle of the channel of Clearwater river; thence up the middle of the channel of said Clearwater river to a point where the same is intersected by the section line between sections five (5) and six (6), township thirty-six (36) north, range one (1) east; thence south on the section line between said sections five (5) and six (6) to the middle of the channel of Little Canyon creek; thence up the middle of the channel of Little Canyon creek to a point where the same intersects the seventh (7th) standard parallel north; thence east along said parallel to the middle of the channel of Clearwater river; thence up the middle of the channel of said Clearwater river to the point of beginning.
County seat–Orofino.
[(31-120) Compiled and reen. C.L. 3:18; C.S., sec. 24; I.C.A., sec. 30-120; am. 2024, ch. 222, sec. 3, p. 780.]
Custer county is described as follows: beginning at the confluence of the Pahsimeroi river with the Salmon river thence up the Pahsimeroi river to the mouth of the Big creek; thence up Big creek, and on the line from the head thereof, with the general course of said creek to the summit of the divide between the waters of the Pahsimeroi and Lemhi rivers; thence southeasterly on the summit of said divide to a point west from the headwaters of said Little Lost river; thence east to the headwaters of said Little Lost river, thence down Little Lost river to the township line between townships ten (10) north and eleven (11) north; thence west along said township line to the corner common to townships twenty-five and twenty-six (25 and 26) east and townships ten (10) and eleven (11) north; thence south along the line between townships twenty-five (25) and twenty-six (26) east to the corner common to townships eight (8) and nine (9) north; thence west along the line between townships eight (8) and nine (9) north to the northwest corner of section two (2), township eight (8) north, range twenty-five (25) east B.M.; thence south along the west section line of section two (2) and eleven (11) to the northwest corner of section fourteen (14), township eight (8) north, range twenty-five (25) east B.M. to a point which is on the summit between the divide of Pass creek and Little Lost river; thence down said Pass creek to Big Lost river; thence along Big Lost river to the mouth of Antelope creek; thence up Antelope creek to the divide which separates its waters from those of Little Wood river; thence westerly along and upon the summit of the range of mountains dividing the headwaters of the East Fork of the Salmon river from the waters of the Little and Big Wood rivers, and continuing westerly on said divide between the East Fork of the Salmon and Wood rivers to the intersection of the longitude line of longitude one hundred fourteen (114) degrees, forty (40) minutes west from Greenwich, thence north on said longitude line to a point on said divide due east of the northeast corner of section twenty-four (24), township seven (7) north, range fourteen (14) east; thence due west to the northeast corner of section twenty-four (24), township seven (7) north, range fourteen (14) east; thence west along and upon the section lines to the corner of sections fifteen (15), sixteen (16), twenty-one (21) and twenty-two (22), township seven (7) north, range fourteen (14) east; thence north along and upon the section lines to the corner of sections three (3) and four (4) and thirty-three (33) and thirty-four (34), townships seven (7) and eight (8) north, range fourteen (14) east; thence north along and upon the section lines to the one-quarter (1/4) section corner between sections twenty-seven (27) and twenty-eight (28), township eight (8) north, range fourteen (14) east; thence west along and upon the one-quarter (1/4) section lines to the west one-quarter (1/4) section corner of section thirty (30), township eight (8) north, range fourteen (14) east; thence southwesterly along and upon the summit of the mountains dividing the waters of Yellow Belly lake and Pettit lake to the summit of the Sawtooth mountains; thence northerly along the summit of the Sawtooth mountains to the divide which separates the waters flowing into the South Payette river and Bear Valley creek from those flowing into the main Salmon river and Cape Horn creek; thence along said divide to the Middle Fork of the Salmon river; thence down the Middle Fork of the Salmon river to the mouth of Loon Creek; thence up Loon creek to the mouth of Warm Springs creek; (thence up Warm Springs creek); thence up Warm Springs creek and to the divide which separates the waters of Yankee Fork on the south and Loon and Deep creeks on the North, and following said divide in an easterly direction around the head of Panther creek, to the divide between Hat creek and Ellis creek; thence on the divide between Hat and Ellis creeks in an easterly direction to the Salmon river; thence up the main channel of said Salmon river, to the place of beginning.
County seat–Challis.
[(31-121) Compiled and reen. C.L. 3:19; C.S., sec. 25; am. 1925, ch. 189, sec. 2, p. 345; I.C.A., sec. 30-121; am. 1937, ch. 138, sec. 1, p. 222.]
Elmore county is described as follows: beginning at a point on the top of the Sawtooth range of mountains, where the counties of Blaine, Boise, Custer and Elmore unite;
Eastern boundary. Thence in a southerly direction along the summit of the Sawtooth mountains to a point where the trail crosses the summit of what is known as the Mattingly Creek divide; thence in a southerly direction along the main divide between the middle fork and the south fork of the Boise river to a point on the divide between Willow creek and Bear creek; thence in a southerly direction on the main divide between Willow creek and Skeleton creek to the center of the channel of the south fork of the Boise river; thence down the channel of said river to the point of intersection with the range line between ranges eleven (11) and twelve (12) east, approximately in township three (3) north; thence south on the range line between ranges eleven (11) and twelve (12) east, to Snake river;
Southern boundary. Thence down the center of the channel of Snake river to a point where the section line between sections thirty-three (33) and thirty-four (34), township five (5) south, range four (4) east, Boise meridian crosses said Snake river;
Western boundary. Thence in a northerly direction along the north and south center line of townships five (5), four (4), three (3), two (2) and one (1) south, range four (4) east, Boise meridian, to the base line and thence in a northerly direction along the north and south center line of townships one (1), two (2) and three (3) north, range four (4) east, Boise meridian, to a point in the center of the channel of the Boise river where the section line between sections fifteen (15) and sixteen (16), township three (3) north, range four (4) east, Boise meridian, crosses said Boise river;
Northern boundary. Thence upon and along the boundary line of the county of Boise to the place of beginning.
County seat–Mountain Home.
[(31-122) Compiled and reen. C.L. 3:20; am. 1919, ch. 109, sec. 1, p. 391; C.S., sec. 26; am. 1923, ch. 136, sec. 1, p. 200; am. 1925, ch. 26, sec. 1, p. 38; I.C.A., sec. 30-122.]
Franklin county is described as follows: beginning at a point on the boundary line between the states of Utah and Idaho where the same is intersected by the section line between sections twenty-six (26) and twenty-seven (27), township sixteen (16) south, range thirty-seven (37) east;
Western boundary. Thence in a northerly direction along the section line as now surveyed to the southeast corner of section twenty-seven (27), township fourteen (14) south, range thirty-seven (37) east; thence easterly along section line as now surveyed, to the southeast corner of section twenty-six (26), township fourteen (14) south, range thirty-seven (37) east; thence continuing easterly along said line to a point which, when surveyed, will be the southeast corner of section twenty-five (25), township fourteen (14) south, range thirty-seven (37) east; thence northerly along the western boundary of township fourteen (14) south, range thirty-eight (38) east, as now surveyed, to its intersection with the one-sixteenth (1/16) section line eighty (80) rods, more or less, south of the township line between townships thirteen (13) and fourteen (14) south;
Northern boundary. Thence east to the western boundary line of Bear Lake county;
Eastern boundary. Thence in a southerly direction along the western boundary of Bear Lake county to its intersection with the boundary between the states of Idaho and Utah;
Southern boundary. Thence westerly along the said boundary line to the point of beginning.
County seat–Preston.
[(31-123) Compiled and reen. C.L. 3:21; C.S., sec. 27; I.C.A., sec. 30-123.]
Fremont county is described as follows: beginning at a point where the northern boundary of the state of Idaho intersects the range line between ranges thirty (30) and thirty-one (31) east;
Northern boundary. Thence easterly along the northern boundary of the state of Idaho to a point where said boundary line intersects the western boundary of the state of Wyoming (R.C., section 23l);
Eastern boundary. Thence south along the dividing line between Idaho and Wyoming to the point where said dividing line intersects with the North Fork of Bitch creek;
Southern boundary. Thence westerly and down said Bitch creek to where the same intersects the main channel of Teton river; thence down the center of the main channel of said Teton river, to where the same intersects the range line between ranges forty-one (41) and forty-two (42) east; thence south to the township line between townships six (6) and seven (7) north; thence west to the southeast corner of section thirty-five (35), township seven (7) north, range forty (40) east; thence north one (1) mile to the northeast corner of section thirty-five (35); thence west to the northeast corner of section thirty-four (34), township seven (7) north, range thirty-nine (39) east; thence north two (2) miles to the northeast corner of section twenty-two (22), township and range last aforesaid; thence west to the northeast corner of section twenty-one (21), township seven (7) north, range thirty-eight (38) east (1913, ch. 26, section 2, pp. 108, 109); thence north on said section line between said sections twenty-one (21) and twenty-two (22), township and range last aforesaid, to the northeast corner of section four (4), township seven (7) north, range thirty-eight (38) east; thence west nine (9) miles to the southeast corner of township eight (8) north, range thirty-six (36) east; thence north six (6) miles to the northeast corner of said township eight (8) north, range thirty-six (36) east; thence west on the township line between townships eight (8) and nine (9) north, thirty (30) miles to the northeast corner of township eight (8) north, range thirty-one (31) east; thence south six (6) miles to the southeast corner of said township eight (8) north, range thirty-one (31) east; thence west on the township line between townships seven (7) and eight (8) north, to a point on said township line north of the Big Southern Butte (1913, ch. 25, section 2, pp. 95, 96);
Western boundary. Thence north to the point where the line thus drawn intersects the township line between townships ten (10) and eleven (11) north; thence east along said township line to the southwest corner of township eleven (11) north, range thirty-one (31) east; thence north along the range line between ranges thirty (30) and thirty-one (31) east, to the place of beginning (R.C., section 23p).
County seat–St. Anthony.
[(31-124) Compiled and reen. C.L. 3:22; C.S., sec. 28; I.C.A., sec. 30-124.]
Gem county is described as follows: beginning at the southeast corner of township six (6) north, range one (1) east; thence north twenty-four (24) miles, to the northeast corner of township nine (9) north, range one (1) east; thence east three (3) miles, to the southeast corner of section thirty-three (33), township ten (10) north, range two (2) east; thence north twelve (12) miles, to the southeast corner of section thirty-three (33), township twelve (12) north, range two (2) east; thence east three (3) miles to the southeast corner of township twelve (12) north, range two (2) east; thence north twelve (12) miles to the northeast corner of township thirteen (13) north, range two (2) east; thence west along the north boundary of said township and range, to the intersection with the east boundary of Adams county; thence in a southwesterly direction along the southeast boundary of Adams county, to its intersection with the boundary of Washington county; thence in a southerly direction along the east boundary of Washington county, to its intersection with the north boundary of Canyon county on the north line of township nine (9) north, range one (1) east; thence west along the north boundary of Canyon county to the northwest corner of section three (3), township nine (9) north, range one (1) west; thence south on the section line six (6) miles, to the southeast corner of section thirty-three (33) of said township and range; thence west on the township line between townships eight (8) and nine (9), four (4) miles to the northwest corner of section one (1), township eight (8) north, range two (2) west; thence south on section line four (4) miles, to the southwest corner of section twenty-four (24), said township and range; thence west on section line two (2) miles, to the northwest corner of section twenty-seven (27), said township and range; thence south on section line two (2) miles, to the southeast corner of section thirty-three (33), said township and range; thence west on township line between townships seven (7) and eight (8), seven (7) miles, to the southwest corner of section thirty-three (33), township eight (8) north, range three (3) west; thence south on section line twelve (12) miles, to the southwest corner of section thirty-three (33), township six (6) north, range three (3) west; thence east on township line between townships five (5) and six (6), twenty-two (22) miles, to place of beginning.
County seat–Emmett.
[(31-125) Compiled and reen. C.L. 3:23; C.S., sec. 29; I.C.A., sec. 30-125.]
Gooding county is described as follows: beginning at the northeast corner of section six (6), township three (3) south, range sixteen (16) east;
Eastern boundary. Thence south twenty-four (24) miles, more or less, along the section line to the southeast corner of section thirty-one (31), township six (6) south, range sixteen (16) east; thence west one (1) mile, more or less, to the northwest corner of section five (5), township seven (7) south, range sixteen (16) east; thence south along the section line, to the thread of the Snake river;
Southern boundary. Thence northwesterly along the thread of the Snake river to the west line of township six (6) south, range twelve (12) east;
Western boundary. Thence north along the west line of range twelve (12) east, to the northwest corner of township three (3) south, range twelve (12) east;
Northern boundary. Thence east along the north line of township three (3) south, to the place of beginning.
County seat–Gooding.
[(31-126) Compiled and reen. C.L. 3:24; C.S., sec. 30; I.C.A., sec. 30-126; am. 2013, ch. 41, sec. 1, p. 85.]
Idaho county is described as follows: beginning at the junction of the Salmon river with the Snake river;
Northern boundary. Thence up the middle of the channel of Salmon river to the mouth of Deep creek; thence up the middle of the channel of Deep creek to the mouth of the Right Fork of Deep creek; thence up the middle of the channel of the Right Fork of Deep creek to a point where the line between ranges one (1) and two (2) west, crosses Deep creek; thence north along the said line to the point where the said line crosses Willow creek; thence down the middle of the channel of Willow creek to its junction with Lawyer’s canyon; thence down the middle of the channel of Lawyer’s canyon, to its junction with the Clearwater river; thence down the middle of the channel of Clearwater river to the mouth of Lolo creek; thence up the middle of the channel of Lolo creek to the head of Lolo creek; thence in a direct line to the Lolo pass at the summit of the Bitter Root mountains;
Eastern boundary. Thence southeasterly and southerly following the present defined boundary line between the state of Idaho and the state of Montana (1899, p. 79), to a point directly north of the confluence of the Middle Fork of Salmon river with the main Salmon river in the state of Idaho; thence south to the confluence of the Middle Fork of Salmon river with the main Salmon river; thence southerly along the center line or middle of the channel of said Middle Fork of Salmon river (R.C., section 23m), to its intersection with the fifth (5th) standard parallel north;
Southern boundary. Thence west along said parallel to the divide separating the waters of the Salmon and Payette rivers; thence westerly and southerly (1917, ch. 99, section 2, p. 360), along said divide, to the line of Adams county, at a point east of the northern point of Little Salmon Meadows; thence west to the Little Salmon river; thence down the Little Salmon river to a point east of the point where the section line between sections six (6) and seven (7), township twenty-two (22) north, range one (1) east, intersects the said meridian; thence west to the middle of the main channel of Snake river.
Western boundary. Thence down the middle of the main channel of Snake river, to the mouth of Salmon river, the place of beginning (R.C., section 23m).
County seat–Grangeville.
[(31-127) Compiled and reen. C.L. 3:25; C.S., sec. 31; I.C.A., sec. 30-127.]
Jefferson county is described as follows: beginning at a point where the township line between range thirty-one (31) and range thirty-two (32) east, intersects the township line between townships three (3) and four (4) north;
Southern boundary. Thence east along said township line between townships three (3) and four (4) north, to the southeast corner of section thirty-three (33), township four (4) north, range forty-one (41) east;
Eastern boundary. Thence north on the section line between sections thirty-three (33) and thirty-four (34), township and range aforesaid, to the northeast corner of section twenty-eight (28), said township and range; thence west on the section line between sections twenty-one (21) and twenty-eight (28), said township and range, to where the same intersects with the center of the main channel of the South Fork of Snake river; thence down the main channel of said South Fork of Snake river to the conjunction of said stream with the North Fork of Snake river; thence down the center of the main channel of Snake river to a point where the same intersects the section line between sections twenty-one (21) and twenty-two (22), township five (5) north, range thirty-eight (38) east; thence north on said section line between said sections twenty-one (21) and twenty-two (22), township and range last aforesaid, to the northeast corner of section four (4), township seven (7) north, range thirty-eight (38) east; thence west nine (9) miles, to the southeast corner of township eight (8) north, range thirty-six (36) east; thence north six (6) miles, to the northeast corner of said township eight (8) north, range thirty-six (36) east;
Northern boundary. Thence west on the township line between townships eight (8) and nine (9) north, thirty (30) miles, to the northeast corner of township eight (8) north, range thirty-one (31) east;
Western boundary. Thence south (1913, ch. 25, section 2, p. 95) along the township line between range thirty-one (31) and range thirty-two (32) east (1917, ch. 98, section 2, p. 346), to the place of beginning.
County seat–Rigby.
[(31-128) Compiled and reen. C.L. 3:26; C.S., sec. 32; I.C.A., sec. 30-128.]
Jerome county is described as follows: beginning at the northwest corner of section five (5), township seven (7) south, range sixteen (16) east, Boise meridian;
Northern boundary. Thence east thirteen (13) miles, more or less, to the northeast corner of section five (5), township seven (7) south, range eighteen (18) east, Boise meridian; thence south two (2) miles, more or less, to the southwest corner of section nine (9), township seven (7) south, range eighteen (18) east, Boise meridian; thence east one (1) mile, more or less, to the southeast corner of section nine (9), township seven (7) south, range eighteen (18) east, Boise meridian; thence south one (1) mile, more or less, to the southwest corner of section fifteen (15), township seven (7) south, range eighteen (18) east, Boise meridian; thence east fifteen (15) miles, more or less, to the northeast corner of section twenty-four (24), township seven (7) south, range twenty (20) east, Boise meridian; thence south three (3) miles, more or less, to the northeast corner, section one (1), township eight (8) south, range twenty (20) east, Boise meridian; thence east six (6) miles, more or less, to the northeast corner of section one (1), township eight (8) south, range twenty-one (21) east, Boise meridian;
Eastern boundary. Thence south following the range line between ranges twenty-one (21) and twenty-two (22) east, Boise meridian, to the center line of Snake river;
Southern boundary. Thence down the center line of the channel of said river, following its meanderings to a point where the same intersects the section line between sections seventeen (17) and eighteen (18) in township nine (9) south, range sixteen (16) east, Boise meridian;
Western boundary. Thence north to the place of beginning.
County seat–Jerome.
[(31-129) 1919, ch. 4, secs. 2, 4, p. 14; C.S., sec. 33; I.C.A., sec. 30-129; am. 2013, ch. 41, sec. 2, p. 85.]
Kootenai county is described as follows: beginning at the south quarter of section fifteen (15), township forty-seven (47) north, range one (1) east, being the southeast corner of Kootenai county with Shoshone county to the east and south;
Southern boundary. Thence west along the north boundary line of sections twenty-two (22) approximately 1 half mile to the northwest corner of section twenty-two (22), township forty-seven (47) north, range one (1) east, being the northeast corner of Benewah county with Kootenai county to the north and Shoshone county to the east; thence west along the north boundary line of sections twenty-one (21), twenty (20) and nineteen (19), township forty-seven (47) north, range one (1) east, to the point of intersection with the Boise meridian; thence along said Boise meridian, to the northeast corner of section twenty-four (24), township forty-seven (47) north, range one (1) west; thence west along the north boundary line of sections twenty-four (24), twenty-three (23), twenty-two (22), twenty-one (21), twenty (20) and nineteen (19), township forty-seven (47) north, range one (1) west, to the range line between township forty-seven (47) north, range one (1) west, and township forty-seven (47) north, range two (2) west; thence along said last mentioned range line to the northeast corner of section twenty-four (24), township forty-seven (47) north, range two (2) west; thence continuing west along the north boundary lines of sections twenty-four (24), twenty-three (23), twenty-two (22), to the northwest corner of section twenty-two (22), township forty-seven (47) north, range two (2) west; thence south along the west line of section twenty-two (22), township forty-seven (47) north, range two (2) west, to the northwest corner of section twenty-seven (27), township forty-seven (47) north, range two (2) west; thence west along the north line of sections twenty-eight (28) and twenty-nine (29), township forty-seven (47) north, range two (2) west, to the northwest corner of section twenty-nine (29), township forty-seven (47) north, range two (2) west; thence south along the west line of sections twenty-nine (29) and thirty-two (32), township forty-seven (47) north, range two (2) west, to the southwest corner of section thirty-two (32), township forty-seven (47) north, range two (2) west; thence west along the township line between townships forty-six (46) and forty-seven (47) north, range two (2) west, to the intersection of the range line between ranges two (2) and three (3) west; thence continuing west along the township line between townships forty-six (46) and forty-seven (47) north, range three (3) west, to the southwest corner of section thirty-three (33), township forty-seven (47) north, range three (3) west; thence north along the west line of section thirty-three (33), township forty-seven (47) north, range three (3) west, to the northwest corner of section thirty-three (33), township forty-seven (47) north, range three (3) west; thence west along the north line of sections thirty-two (32) and thirty-one (31), township forty-seven (47) north, range three (3) west, to the range line between ranges three (3) and four (4) west; thence south along said range line to the northeast corner of section thirty-six (36), township forty-seven (47) north, range four (4) west; thence west along the north line of section thirty-six (36) and thirty-five (35), township forty-seven (47) north, range four (4) west, to the northwest corner of section thirty-five (35), township forty-seven (47) north, range four (4) west; thence south along the west line of said section thirty-five (35), township forty-seven (47) north, range four (4) west, to the southwest corner of said section thirty-five (35), township forty-seven (47) north, range four (4) west; thence west along the north line of township forty-six (46) north, ranges four (4), five (5) and six (6) west (1915, ch. 4, section 3, pp. 7, 8), to the point of intersection of the Idaho-Washington state line with the northern boundary line of township forty-six (46) north of the Boise base line;
Western boundary. Thence north along said state boundary line to a point where the same is intersected by the line between townships fifty-three (53) and fifty-four (54) north;
Northern boundary. Thence east along said township line between townships fifty-three (53) and fifty-four (54) north, to the northeast corner of township fifty-three (53) north, range three (3) west; thence north on the range line between sections thirty-six (36) and thirty-one (31), to the northeast corner of section thirty-six (36), township fifty-four (54) north, range three (3) west; thence east six (6) miles, to the northeast corner of section thirty-six (36), township fifty-four (54) north, range two (2) west; thence south along the range line between ranges one (1) and two (2) west, to the southwest corner of township fifty-three (53) north, range one (1) west; thence east on the township line between townships fifty-two (52) and fifty-three (53) north, to the northeast corner of section four (4), township fifty-two (52), range one (1) east, being the northeast corner of Kootenai county with Bonner county to the north and Shoshone county to the east;
Eastern boundary. Thence south along the western boundary of Shoshone county, to the south quarter corner of section fifteen (15), township forty-seven (47) north, range one (1) east, and the point of beginning.
County seat–Coeur d’Alene.
[(31-130) Compiled and reen. C.L. 3:27; C.S., sec. 34; I.C.A., sec. 30-130; am. 2024, ch. 222, sec. 4, p. 781.]
Latah county is described as follows: beginning at a point where the middle line of township thirty-seven (37) north intersects the boundary line between the state of Idaho and the state of Washington;
Western boundary. Thence north along the said boundary line to a point where the watershed between Hangman’s creek and Palouse river crosses the said boundary line;
Northern boundary. Thence in a southeasterly direction along the said watershed to a point where this line crosses the section line between sections twenty-seven (27) and twenty-eight (28), township forty-three (43) north, range four (4) west; thence south on the said section line to the section corner common to sections twenty-seven (27), twenty-eight (28), thirty-three (33) and thirty-four (34), in the same township and range; thence east on this section line to the eastern boundary of the said township and range; thence north on the range line to the northwest corner of section thirty-one (31), township forty-three (43) north, range three (3) west; thence east along the section line running on the north of said section thirty-one (31), to the northeast corner of section thirty-three (33), township forty-three (43) north, range one (1) west; thence south one (1) mile, to the township line between townships forty-two (42) and forty-three (43) north; thence east along the said township line approximately 6 miles to the northeast corner of section four (4), township forty-two (42) north, range one (1) east, being the northeast corner of Latah county with Benewah county to the north and Shoshone county to the east;
Eastern boundary. Thence south along the section lines, approximately 2 miles to the southeast corner of section nine (9), township forty-two (42) north, range one (1) east;
Thence east along the section line, approximately 1 half mile to the north quarter corner of section fifteen (15), township forty-two (42) north, range one (1) east;
Thence south along the midsection line, approximately 2 miles to the south quarter corner of section twenty-two (22), township forty-two (42) north, range one (1) east;
Thence west along the section line, approximately 1 quarter mile to the west sixteenth corner of sections twenty-two (22) and twenty-seven (27), township forty-two (42) north, range one (1) east;
Thence west along the section line, 90 feet to a duly surveyed property corner monument;
Thence south along the property line, approximately 1 half mile to a duly surveyed property corner monument;
Thence east along the section subdivision line, 90 feet to the center west sixteenth corner of section twenty-seven (27);
Thence south along sixteenth section subdivision lines, approximately 1 and 1 half miles to the west sixteenth corner of sections thirty-four (34) and three (3), township forty-two (42) north and township forty-one (41) north, range one (1) east, being the southwest corner of Shoshone county with Latah county to west and south;
Thence east along the township line, approximately 1 quarter mile to the north quarter corner of section three (3), township forty-one (41) north, range one (1) east, being the northwest corner of Clearwater county with Shoshone county to the north and Latah county to the west;
Thence south along midsection lines, approximately 6 miles to the south quarter corner of section thirty-four (34), township forty-one (41) north, range one (1) east;
Thence west along the township line, approximately 22.8 chains (1,505 feet) to the west sixteenth corner of section three (3), township forty (40) north, range one (1) east;
Thence south along sixteenth section subdivision lines, approximately 1 mile to the west sixteenth corner of sections three (3) and ten (10), township forty (40) north, range one (1) east;
Thence west along the section line, 90 feet to a duly surveyed property corner monument;
Thence south along the property line, approximately 1 quarter mile to a duly surveyed property corner monument;
Thence east along the section subdivision line, 90 feet to the northwest sixteenth corner of section ten (10), township forty (40) north, range one (1) east;
Thence south along sixteenth section subdivision lines, approximately 4 and 3 quarter miles to the west sixteenth corner of sections thirty-four (34) and three (3), townships forty (40) north and thirty-nine (39) north, range one (1) east;
Thence west along the township line, approximately 90 feet to an unmonumented property corner;
Thence south approximately 1 half mile to a duly surveyed property corner monument;
Thence south approximately 1 half mile to a duly surveyed property corner on the south line of section three (3), township thirty-nine (39), range one (1) east;
Thence west along the section line approximately 1230 feet to the northeast corner of section nine (9), township thirty-nine (39) north, range one (1) east;
Thence south along section lines, approximately 5 miles to the southeast corner of section thirty-three (33), township thirty-nine (39) north, range one (1) east;
Thence east along the township line, approximately 5.83 chains (385 feet) to the northeast corner of section four (4), township thirty-eight (38) north, range one (1) east;
Thence south along section lines, approximately 3 miles to the middle line of the township, and the southeast corner of section sixteen (16), township thirty-eight (38) north, range one (1) east, being the southeast corner of Latah county with Clearwater county to the east and south;
Southern boundary. Thence west on the middle line of township thirty-eight (38) north to the point of intersection of said middle line and the center of Big Potlatch creek; thence along the average center of said creek south 41°29’00" west 433.17 feet; thence south 83°01’30" west 555.76 feet; thence north 72°43’45" west 486.51 feet; thence north 41°28’30" west 762.95 feet; thence north 72°52’00" west 134.45 feet; to a point which is north 358.29 feet from the corner common to Sections 16, 17, 20 and 21, township thirty-eight (38) north, range 2 west, Boise Meridian; thence north 72°52’00" west 2007.63 feet; thence south 48°22’30" west 949.70 feet; thence north 88°25’15" west 1485.48 feet; thence south 45°57’45" west 770.90 feet; thence north 82°46’15" west 750.35 feet; thence south 43°28’45" west 1160.84 feet; thence south 65°32’00" west 804.18 feet; thence south 46°29’30" west 527.72 feet; thence south 53°01’15" west 717.00 feet; to a point which is south 2073.86 feet from the one-quarter corner common to Sections 18 and 19 township thirty-eight (38) north, range 2 west, Boise Meridian; thence south 53°01’15" west 685.19 feet; thence south 30°54’30" west 1373.34 feet; thence south 84°44’45" west 1151.76 feet; thence south 21°04’00" east 1132.26 feet; thence south 05°04’00" west 902.41 feet; thence south 78°56’15" west 493.86 feet; to a point which is south 657.49 feet from the corner common to Sections 24, 19, 31 and 25, township thirty-eight (38) north, range 3 west and range 2 west, Boise Meridian; thence south 78°56’15" west 136.97 feet; thence north 87°54’15" west 2370.65 feet; thence south 73°27’15" west 1216.03 feet; thence south 34°56’45" west 2443.32 feet; thence south 55°35’15" west 258.89 feet; to a point which is south 447.50 feet from the one-quarter corner common to Sections 26 and 25, township thirty-eight (38) north, range 3 west, Boise Meridian; thence south 55°35’15" west 2071.08 feet; thence south 42°55’30" west 1609.29 feet; to a point which is located west 2811.85 feet from the corner common to Sections 26, 25, 36 and 35, township thirty-eight (38) north, range 3 west, Boise Meridian; thence south 44°33’29" west 950.95 feet; thence south 07°36’44" west 869.85 feet; thence south 28°34’42" west 740.46 feet; thence south 30°26’40" west 397.99 feet; thence south 03°38’57" west 618.32 feet; thence south 38°21’12" west 690.57 feet; thence south 54°22’07" west 56.90 feet; thence south 69°39’54" west 343.03 feet; thence south 82°19’22" west 333.65 feet; thence south 65°55’57" west 647.97 feet; thence south 63°14’18" west 784.25 feet; thence north 85°46’49" west 1140.68 feet; thence south 37°18’55" west 820.62 feet; thence south 30°42’01" west 840.83 feet; thence south 02°55’30" east 1395.50 feet; thence south 10°47’35" west 233.84 feet; thence south 52°26’42" west 474.82 feet; thence south 31°23’33" west 1307.49 feet; thence south 15°45’00" west 732.84 feet; thence south 10°27’38" east 755.37 feet; to a point which is east 662.51 feet and north 02°06’09" west 8.57 feet from the corner common to Sections 3, 4, 9 and 10, township thirty-seven (37) north, range 3 west, Boise Meridian, which corner is marked by a Brass Cap Monument set 1556.70 feet east of said corner set by James W. Grow, R.L.S. #749; thence south 02°06’09" east 317.10 feet; thence south 11°10’52" west 528.81 feet; thence south 33°23’33" west 1343.54 feet; thence south 18°47’37" east 514.74 feet; thence south 18°33’57" west 902.43 feet; thence south 10°36’14" west 654.11 feet; thence south 21°02’12" west 343.00 feet; thence south 31°52’33" west 896.41 feet; to a point that is west 983.97 feet and north 05°04’43" east 80.67 feet from the corner common to Sections 9, 10, 15 and 16, township thirty-seven (37) north, range 3 west, Boise Meridian, being marked by a 5/8" iron pin set in a mound of stone by James W. Grow, R.L.S. #749, and by a Brass Cap Monument set 1136.66 feet west of said section corner; thence south 05°04’43" west 488.49 feet; thence south 15°20’14" west 272.28 feet; thence south 27°52’57" west 661.93 feet; thence south 57°36’12" west 456.93 feet; thence south 21°50’14" west 385.38 feet; thence south 12°45’28" east 367.96 feet; thence south 67°00’39" east 464.34 feet; thence south 22°07’05" west 1097.33 feet; thence south 33°13’49" west 576.62 feet; thence south 13°03’47" east 296.08 feet; thence south 34°16’41" west 1198.35 feet; thence south 21°36’07" west 183.18 feet; to a point on the north line of Section 21, township thirty-seven (37) north, range 3 west, Boise Meridian, said point being east 1482.32 feet from the northwest corner of said Section 21, which corner is marked by a Brass Cap Monument lying east 1845.18 feet from said corner; thence west along the middle line of township thirty-seven (37) north to the point of beginning.
County seat–Moscow.
[(31-131) Compiled and reen. C.L. 3:28; C.S., sec. 35; I.C.A., sec. 30-131; am. 1978, ch. 248, sec. 1, p. 543; am. 2024, ch. 222, sec. 5, p. 783; am. 2025, ch. 159, sec. 1, p. 769.]
Lemhi county is described as follows: beginning at a point where the divide between the watersheds of the Salmon river and the Clearwater river in the state of Idaho intersect the boundary line between the state of Idaho and the state of Montana; thence in a southwesterly direction along said divide to its junction with the divide between the watershed of Horse creek on the east and watershed of Squaw creek and other creeks on the west; thence southerly along said divide between Horse creek on the east, and Squaw creek and other creeks on the west, to Salmon river; thence along the center line of the middle of the stream of Salmon river southeasterly and up stream to the confluence of the Middle Fork of Salmon river with the main Salmon river in the state of Idaho; thence southerly along the center line of the middle of the channel of the said Middle Fork of the Salmon river to the mouth of Loon creek (1903, p. 48); thence up Loon creek to the mouth of Warm Spring creek; thence up Warm Spring creek to the divide which separates the waters of Yankee Fork on the south and Loon and Deep creeks on the north, and following the said divide in an easterly direction around the head of Panther creek to the divide between Hat creek and Ellis creek; thence on the divide between Hat and Ellis creeks in an easterly direction to the Salmon river; thence up the main channel of said Salmon river to the confluence of the Pahsimeroi river with the Salmon river; thence up the Pahsimeroi river to the mouth of Big creek; thence up Big creek and on a line from the head thereof with a general course of the said creek to the summit of the divide between the waters of the Pahsimeroi river and the Lemhi river; thence southeasterly on the summit of the said divide to a point west from the headwaters of the Little Lost river; thence east to the headwaters of the Little Lost river; thence down the Little Lost river (15 Ter. Sess. 26) to the intersection of the same with the township line between townships ten (10) and eleven (11) north; thence east along the said township line (1899, p. 111), to the southwest corner of township eleven (11) north, range thirty-one (31) east; thence north along the range line between ranges thirty (30) and thirty-one (31) east, to the intersection of the same with the boundary line of the state of Montana (1899, p. 273); thence generally in a northwesterly direction along the said state boundary line to the point of beginning.
County seat–Salmon.
[(31-132) Compiled and reen. C.L. 3:29; C.S., sec. 36; I.C.A., sec. 30-132.]
Lewis county is described as follows: beginning at the mouth of Lolo creek;
Northern boundary. Thence in a northerly direction down the middle of the channel of the Clearwater river to a point where the seventh (7th) standard parallel north crosses the Clearwater river; thence west along said parallel to a point where the same intersects Little Canyon creek; thence down the center of the channel of Little Canyon creek to a point where the same empties into Big Canyon creek; thence up the center of the channel of the Big Canyon creek to a point where the same crosses the township line between townships thirty-four (34) and thirty-five (35) north; thence west on said township line, to a point where the same crosses Mission creek;
Western boundary. Thence up the middle of the channel of Mission creek to a point where the same crosses the township line between townships thirty-three (33) and thirty-four (34) north; thence west on said township line to the northeast corner of section four (4), township thirty-three (33) north, range three (3) west; thence south on section lines to the center of the channel of Salmon river;
Southern boundary. Thence up the center of the channel of Salmon river to the mouth of Deep creek; thence up the middle of the channel of Deep creek to the mouth of the Right Fork of Deep creek; thence up the middle of the channel of the Right Fork of Deep creek to a point where the line between ranges one (1) and two (2) west, crosses said Deep creek; thence north along said line to the point where the said line crosses Willow creek; thence down the middle of the channel of Willow creek to its junction with Lawyer’s canyon; thence down the middle of the channel of Lawyer’s canyon to its junction with the Clearwater river;
Eastern boundary. Thence down the middle of the channel of Clearwater river to the mouth of Lolo creek, the place of beginning.
County seat–Nez Perce.
[(31-133) Compiled and reen. C.L. 3:30; C.S., sec. 37; I.C.A., sec. 30-133.]
Lincoln county is described as follows: beginning at the northeast corner of section six (6), township three (3) south, range sixteen (16) east;
Western boundary. Thence south twenty-four (24) miles, more or less, along the section line to the southeast corner of section thirty-one (31), township six (6) south, range sixteen (16) east;
Southern boundary. Thence easterly along the township line to the northwest corner of section four (4), township seven (7) south, range eighteen (18) east; thence south along the section line to the southwest corner of section nine (9), township seven (7) south, range eighteen (18) east; thence east along the section line to the southeast corner of section nine (9), township seven (7) south, range eighteen (18) east; thence south along the section line to the southwest corner of section fifteen (15), township seven (7) south, range eighteen (18) east; thence east along the section line to the southwest corner of section eighteen (18), township seven (7) south, range twenty-one (21) east; thence south along the range line to the southwest corner of township seven (7) south, range twenty-one (21) east; thence east along the township line to the southwest corner of section thirty-four (34), township seven (7) south, range twenty-three (23) east;
Eastern boundary. Thence north along section line to the north line of township seven (7) south, range twenty-three (23) east; thence easterly along the township line to the southwest corner of section thirty-four (34), township six (6) south, range twenty-three (23) east; thence northerly along a line which is three (3) miles west of and generally parallel to the east line of range twenty-three (23) east, north of the first standard parallel south, to the north line of township three (3) south, range twenty-three (23) east (1913, ch. 3, section 2, p. 5);
Northern boundary. Thence west along the township line between townships two (2) and three (3) south, to the place of beginning (R.C., section 23q).
County seat–Shoshone.
[(31-134) Compiled and reen. C.L. 3:31; C.S., sec. 38; I.C.A., sec. 30-134; am. 2013, ch. 41, sec. 3, p. 86.]
Madison county is described as follows: beginning at the southwest corner of section thirty-four (34), township four (4) north, range forty-one (41) east (1913, ch. 26, section 2, p. 108);
Southern boundary. Thence easterly along the township line between townships three (3) and four (4) north (R.C. 23 1) to a point two (2) miles east of the range line which, when surveyed, will be between ranges forty-two (42) and forty-three (43) east (1915, ch. 8, section 2, p. 30);
Eastern boundary. Thence north to the center of the main channel of Teton river, where said river intersects the section line between sections sixteen (16) and seventeen (17), township seven (7) north, range forty-three (43) east (1915, ch. 8, section 2, p. 30);
Northern boundary. Thence down the center of the main channel of said Teton river to where the same intersects the range line between ranges forty-one (41) and forty-two (42) east; thence south to the township line between townships six (6) and seven (7) north; thence west to the southeast corner of section thirty-five (35), township seven (7) north, range forty (40) east; thence north one (1) mile, to the northeast corner of section thirty-five (35); thence west to the northeast corner of section thirty-four (34), township seven (7) north, range thirty-nine (39) east; thence north two (2) miles to the northeast twenty-one (21) and twenty-two (22), township and range last aforesaid, thence west to the northeast corner of section twenty-one (21), township seven (7) north, range thirty-eight (38) east;
Western boundary. Thence south on the section line between sections twenty-one (21) and twenty-two (22), township and range last aforesaid, to the township line between townships six (6) and seven (7) north; thence continuing in a southerly direction on the line which, when surveyed, will be the section line between sections three (3) and four (4), township six (6) north, range thirty-eight (38) east, to the southern boundary of said township; thence south along the section line between sections three (3) and four (4), township five (5) north, range thirty-eight (38) east, to where the same intersects the center of the main channel of the Snake river; thence up the center channel of said Snake river to the junction of the North and South Forks of the Snake river, and continuing up the center channel of said South Fork of Snake river to where the same intersects the section line that runs due east between sections twenty-three (23) and twenty-six (26), township four (4) north, range forty (40) east; thence east on said section line last aforesaid in said last mentioned township and range to the northeast corner of section twenty-eight (28), township four (4) north, range forty-one (41) east; thence south two (2) miles to the place of beginning (1913, ch. 26, section 2, p. 109).
County seat–Rexburg.
[(31-135) Compiled and reen. C.L. 3:32; C.S., sec. 39; I.C.A., sec. 30-135.]
Minidoka county is described as follows: beginning at the point where the center of the main channel of Snake river is intersected by the west section line of section nineteen (19), township ten (10) south, range twenty-two (22) east;
Western boundary. Thence northerly along the township line to the northwest corner of township eight (8) south, range twenty-two (22) east; thence easterly along the township line to the southwest corner of section thirty-four (34), township seven (7) south, range twenty-three (23) east; thence north along the section line to the north line of township seven (7) south, range twenty-three (23) east; thence easterly along the township line to the southwest corner of section thirty-four (34), township six (6) south, range twenty-three (23) east; thence northerly along a line which is three (3) miles west of and generally parallel to the east line of range twenty-three (23) east, north of the first standard parallel south, to the north line of township three (3) south, range twenty-three (23) east;
Northern boundary. Thence easterly along said township line (1913, ch. 3, section 2, pp. 5, 6) to the intersection of the same with the line between ranges twenty-five (25) and twenty-six (26) east; thence south along the said range line (R.C., section 23e), to its intersection with the center of the main channel of Snake river; thence southwesterly along said center of the main channel of Snake river, to the point of beginning (1913, ch. 3, section 2, p. 6).
County seat–Rupert.
[(31-136) Compiled and reen. C.L. 3:33; C.S., sec. 40; I.C.A., sec. 30-136; am. 2013, ch. 41, sec. 4, p. 87; am. 2024, ch. 208, sec. 2, p. 744.]
Nez Perce county is described as follows: beginning at the northwest corner of section twenty-two (22), township thirty-eight (38) north, range one (1) west;
Eastern boundary. Thence south to the north boundary line of the Nez Perce Indian reservation; thence easterly along said reservation line to the intersection of the same with the line running south between sections fifteen (15) and sixteen (16), township thirty-seven (37) north, range one (1) west; thence south on the said line between sections fifteen (15) and sixteen (16), to the middle of the channel of Clearwater river; thence up the middle of the channel of said Clearwater river to a point where the same is intersected by the section line between sections five (5) and six (6), township thirty-six (36) north, range one (1) east; thence south on the section line between said sections five (5) and six (6) to the middle of the channel of Little Canyon creek (1911, ch. 24, section 2, p. 50); thence down the center of the channel of Little Canyon creek to a point where the same empties into Big Canyon creek; thence up the center of the channel of Big Canyon creek to a point where the same crosses the township line between townships thirty-four (34) and thirty-five (35) north; thence west on said township line to a point where the same crosses Mission creek; thence up the middle of the channel of Mission creek to a point where the same crosses the township line between townships thirty-three (33) and thirty-four (34) north; thence west on said township line to the northeast corner of section four (4), township thirty-three (33) north, range three (3) west; thence south on section lines to the center of the channel of Salmon river (1911, ch. 37, section 2, pp. 77, 78);
Southern boundary. Thence down the middle of the channel of Salmon river to a point in the middle of the channel of Snake river opposite the junction of Salmon river;
Western boundary. Thence northerly along the boundary line between the state of Idaho and the state of Washington to the point where said boundary line is intersected by the middle line of township thirty-seven (37) north;
Northern boundary. Thence east to a point where the Big Potlatch creek intersects with the said middle line of township thirty-seven (37) north; being at the northwest corner of Section 21, T.37N., R.3W. B.M., which corner is marked by a Brass Cap Monument lying east 1845.18 feet from said corner; thence east 1482.82 feet along the north line of said Section 21 to the centerline of Potlatch river, being the point of beginning of said county line; thence continue northerly along the centerline of said Potlatch river the following courses: N.21°36’07"E. 183.18 feet; thence N.34°16’41"E. 1198.35 feet; thence N.13°03’47"W. 296.08 feet; thence N.33°13’49"E. 576.62 feet; thence N.22°07’05"E. 1097.33 feet; thence N.67°00’39"W. 464.34 feet; thence N.12°45’28"W. 367.96 feet; thence N.21°50’14"E. 385.38 feet; thence N.57°36’12"E. 456.93 feet; thence N.27°52’57"E. 661.93 feet; thence N.15°20’14"E. 272.28 feet; thence N.5°04’43"E. 488.49 feet to a point that is west 983.97 feet and N.5°04’43"E. 80.67 feet from the corner common to Sections 9, 10, 15, and 16, T.37N., R.3W. B.M., being marked by a 5/8" iron pin set in a mound of stone by James W. Grow, R.L.S. #749, and by a Brass Cap Monument set 1136.66 feet west of said Section corner; thence continue along the centerline of Potlatch river N.31°52’33"E. 896.41 feet; thence N.21°02’12"E. 343.00 feet; thence N.10°36’14"E. 654.11 feet; thence N.18°33’57"E. 902.43 feet; thence N.18°47’37"W. 514.74 feet; thence N.33°23’33"E. 1343.54 feet; thence N.11°10’52"E. 528.81 feet; thence N.2°06’09"W. 317.10 feet to a point which is east 662.51 feet and N.2°06’09"W. 8.57 feet from the corner common to Sections 3, 4, 9 and 10, T.37N., R.3W. B.M., which corner is marked by a Brass Cap Monument set 1556.70 feet east of said corner set by James W. Grow, R.L.S. #749; thence continue along the centerline of Potlatch river N.10°27’38"W. 755.37 feet; thence N.15°45’00"E. 732.84 feet; thence N.31°23’33"E. 1307.49 feet; thence N.52°26’42"E. 474.82 feet; thence N.10°47’35"E. 233.84 feet; thence N.2°55’30"W. 1395.50 feet; thence N.30°42’01"E. 840.83 feet; thence N.37°18’55"E. 820.62 feet; thence S.85°46’49’E. 1140.68 feet; thence N.63°14’18"E. 784.25 feet; thence N.65°55’57"E. 647.97 feet; thence N.82°19’22"E. 333.65 feet; thence N.69°39’54"E. 343.03 feet; thence N.54°22’07"E. 56.90 feet; thence N.38°21’12"E. 690.57 feet; thence N.3°38’57"E. 618.32 feet; thence N.30°26’40"E. 397.99 feet; thence N.28°34’42"E. 740.46 feet; thence N.7°36’44"E. 869.85 feet; thence N.44°33’29"E. 950.95 feet to a point on the north line of Section 35, T.38N., R.3W. B.M., being the point of terminus of said county line. Said point being west 2811.24 feet from the northeast corner of said Section 35, which is marked by a Brass Cap Monument set 3091.98 feet west of said corner, being set by James W. Grow, R.L.S. #749.
County seat–Lewiston.
[(31-137) Compiled and reen. C.L. 3:34; C.S., sec. 41; I.C.A., sec. 30-137; am. 1978, ch. 248, sec. 2, p. 545.]
Oneida county is described as follows: beginning at a point where the one hundred thirteenth (113th) meridian west from Greenwich intersects with the southern line of township twelve (12) south;
Western boundary. Thence south along the said meridian to a point where said meridian intersects with the northern boundary line of the state of Utah (R.C., section 23s);
Southern boundary. Thence easterly along said boundary line to a point on the boundary line between the states of Utah and Idaho, where the same is intersected by the section line between sections twenty-six (26) and twenty-seven (27), township sixteen (16) south, range thirty-seven (37) east;
Eastern boundary. Thence in a northerly direction along the section line as now surveyed to the southeast corner of section twenty-seven (27), township fourteen (14) south, range thirty-seven (37) east; thence easterly along said section line as now surveyed to the southeast corner of section twenty-six (26), township fourteen (14) south, range thirty-seven (37) east; thence continuing easterly along said line to a point which, when surveyed, will be the southeast corner of section twenty-five (25), township fourteen (14) south, range thirty-seven (37) east; thence northerly along the western boundary of township fourteen (14) south, range thirty-eight (38) east, as now surveyed, to its intersection with the boundary line (1913, ch. 5, section 2, pp. 22, 23) of Bannock county; thence west along the boundary line of Bannock county to a point on the top of the range west of a point one (1) mile south of the present southern boundary of the townsite of Oxford; thence northwesterly along the crest of the mountains between Malad and Marsh valleys to an intersection of the township line between ranges thirty-six (36) and thirty-seven (37) east, Boise meridian, thence north to the east quarter (E1/4) corner of section twenty-five (25), township twelve (12) south, range thirty-six (36) east, Boise meridian; thence west through the center of sections twenty-five (25), twenty-six (26), twenty-seven (27) and to the center of section twenty-eight; thence south on the north and south center line of sections twenty-eight (28) and thirty-three (33), township twelve (12) south, range thirty-six (36) east, Boise meridian, to the top of the crest of the mountains between Malad and Marsh valleys; thence northwesterly along the crest of the mountains between Malad and Marsh valleys to the southeast corner of section twenty-four (24), township eleven (11) south, range thirty-five (35) east, Boise meridian; thence following the unbroken crest of the main mountain range to the northwest corner of section twenty-three (23), township eleven (11) south, range thirty-five (35) east; thence north one-half (1/2) mile, to the quarter corner between sections fourteen (14) and fifteen (15); thence west one (1) mile to the quarter corner of sections fifteen (15) and sixteen (16); thence north one-half (1/2) mile, to the northwest corner of section fifteen (15); thence west one-fourth (1/4) mile; thence north one-half (1/2) mile; thence west one-half (1/2) mile; thence north one-half (1/2) mile; thence west one-fourth (1/4) mile, to the northwest corner of section nine (9), township eleven (11) south, range thirty-five (35) east; thence north one (1) mile, to the northwest corner of section four (4), township eleven (11) south, range thirty-five (35) east, which is the point of intersection with the township line between townships ten (10) and eleven (11) south, range thirty-five (35) east;
Northern boundary. Thence west along and upon the south line of said township ten (10), to a point on said line two (2) miles east from the southeast corner of township ten (10) south, range thirty-three (33) east (1913, ch. 6, section 2, p. 32); thence south to a point where the line thus drawn intersects the line between townships eleven (11) and twelve (12) south, range thirty-four (34) east (1915, ch. 132, section 2, p. 288); thence west along and upon the south line of said township eleven (11) south, to the southeast corner of township eleven (11) south, range thirty-two (32) east; thence south upon the township line to the southeast corner of township twelve (12) south, range thirty-two (32) east; thence west upon and along the southern line of said township twelve (12), to the place of beginning (1913, ch. 6, section 2, p. 32).
[(31-138) Compiled and reen. C.L. 3:35; C.S., sec. 42; am. 1927, ch. 256, sec. 6, p. 431; I.C.A., sec. 30-138.]
Owyhee county is described as follows: beginning on the Snake river at the mouth of Owyhee river;
Western boundary. Thence south along the eastern boundary line of the state of Oregon to the northern boundary of the state of Nevada;
Southern boundary. Thence east along the northern boundary of the state of Nevada (1 Ter. Sess. 628) to the thirty-eighth (38th) meridian of longitude west from Washington;
Eastern boundary. Thence north along the said meridian to the south boundary of township 7 south range 12 east. Thence west along the south boundary of township 7 south ranges 12, 11, 10 and 9 east to the southwest corner of township 7 south range 9 east. Thence north along the west boundary of township 7 south range 9 east to the northwest corner of said township. Thence east to the southwest corner of township 6 south range 9 east. Thence north along the west boundary of said township to the Snake river;
Northern boundary. Thence down the channel of the Snake river in a westerly direction to the mouth of the Owyhee river, the place of beginning.
County seat — Murphy.
[(31-139) Compiled and reen. C.L. 3:36; C.S., sec. 43; I.C.A., sec. 30-139; am. 1999, ch. 35, sec. 1, p. 73.]
Payette county is described as follows: beginning at the intersection of the north line of township nine (9) north, range five (5) west, with the west line of the state of Idaho, said intersection being the southwest corner of Washington county;
Northern boundary. Thence east a distance of twenty-two (22) miles, more or less, to the northwest corner of section three (3), township nine (9) north, range one (1) west;
Eastern boundary. Thence south on section line six (6) miles, to the southeast corner of section thirty-three (33), said township and range; thence west on the township line between townships eight (8) and nine (9) north, four (4) miles to the northwest corner of section one (1), township eight (8) north, range two (2) west; thence south on section line four (4) miles, to the southwest corner of section twenty-four (24), said township and range; thence west on section line two (2) miles, to the northwest corner of section twenty-seven (27), said township and range; thence south on section line two (2) miles, to the southeast corner of section thirty-three (33), said township and range; thence west on township line between townships seven (7) and eight (8), seven (7) miles, to the southwest corner of section thirty-three (33), township eight (8) north, range three (3) west; thence south on section line twelve (12) miles, to the southwest corner of section thirty-three (33), township six (6) north, range three (3) west;
Southern boundary. Thence west on township line between townships five (5) and six (6), two (2) miles to the southwest corner of section thirty-one (31), township six (6) north, range three (3) west; thence south on range line between ranges three (3) and four (4), one-half (1/2) mile to the east quarter corner of section one (1), township five (5) north, range four (4) west; thence west along the center line of sections one (1) and two (2), said township and range, two (2) miles to the east quarter corner of section three (3), said township and range; thence south along the section line one-half (1/2) mile, to the southeast corner of section three (3), said township and range; thence west along the section line three (3) miles, to the southwest corner of section five (5), said township and range; thence north along the section line one (1) mile, to the northwest corner of section five (5), said township and range; thence west along the township line between townships five (5) and six (6) north, two (2) miles, to the southwest corner of section thirty-six (36), township six (6) north, range five (5) west; thence north along the section line one (1) mile, to the northwest corner of section thirty-six (36), said township and range; thence west along the section line one (1) mile, to the southwest corner of section twenty-six (26), said township and range; thence north along the section line one (1) mile, to the southwest corner of section twenty-three (23), said township and range; thence west along the section line two (2) miles, to the southwest corner of section twenty-one (21), said township and range; thence north along the section line three (3) miles, to the northwest corner of section nine (9), said township and range; thence west along the section line one and one-half (1 1/2) miles, more or less, to an intersection with the west line of the state of Idaho;
Western boundary. Thence in a northerly direction, following the said west boundary line of the state of Idaho, to the point of beginning.
County seat–Payette.
[(31-140) Compiled and reen. C.L. 3:37; C.S., sec. 44; I.C.A., sec. 30-140.]
Power county is described as follows: beginning at the northwest corner of section thirty-one (31), township six (6) south, range thirty (30) east; thence east along the section line between sections thirty-one (31) and thirty (30), township and range aforesaid, and an extension thereof to the point where such extended line intersects with the center of the west channel of Snake river; running thence up the center of the west channel of Snake river, upon and along the boundary line of Bingham county, to the point in the main channel of said river, where the same divides, forming the east and west branches thereof; thence southerly down the center of the east branch of Snake river to the point of intersection of the center line of said east branch with an extension of the center line of the Portneuf river in section seventeen (17), township six (6) south, range thirty-two (32) east; thence up the Portneuf river, to the intersection of the Portneuf river with the west boundary line of section eight (8), township six (6) south, range thirty-four (34) east, Boise meridian; thence south four and one-quarter (4 1/4) miles to the southeast corner of section thirty-one (31), township six (6) south, range thirty-four (34) east, Boise meridian; thence west to the northeast corner of section six (6), township seven (7) south, range thirty-four (34) east, Boise meridian; thence south four (4) miles to the southeast corner of section nineteen (19); thence east one (1) mile to the northeast corner of section twenty-nine (29); thence south four (4) miles to the southeast corner of section eight (8), township eight (8) south, range thirty-four (34) east, Boise meridian; thence east two (2) miles to the northeast corner of section fifteen (15); thence south two and one-half (2 1/2) miles to the east quarter (E1/4) corner of section twenty-seven (27); thence east one (1) mile to the east quarter (E1/4) corner of section twenty-six (26); thence south one and one-half (1 1/2) miles to the southeast corner of section thirty-five (35), township eight (8) south, range thirty-four (34) east, Boise meridian; thence east one (1) mile to the northeast corner of section one (1), township nine (9) south, range thirty-four (34) east, Boise meridian; thence south two (2) miles to the southeast corner of section twelve (12); thence east two (2) miles to the northeast corner of section seventeen (17), township nine (9) south, range thirty-five (35) east, Boise meridian; thence south one and one-half (1 1/2) miles to the east quarter (E1/4) corner of section twenty (20); thence west one-half (1/2) mile to the center of section twenty (20); thence south two and one-half (2 1/2) miles to the south quarter (S1/4) corner of section thirty-two (32), township nine (9) south, range thirty-five (35) east, Boise meridian; thence east to the northeast corner of section five (5), township ten (10) south, range thirty-five (35) east, Boise meridian; thence south one and one-quarter (1 1/4) miles to the southeast corner of the northeast quarter (NE1/4) of the northeast quarter (NE1/4) of section eight (8); thence west one-quarter (1/4) mile; thence south one-quarter (1/4) mile; thence west one and one-quarter (1 1/4) miles; thence south three-quarters (3/4) of a mile; thence west one-quarter (1/4) mile to the southwest corner of lot one (1) of section eighteen (18), township ten (10) south, range thirty-five (35) east, Boise meridian; thence south on the range line three and three-quarter (3 3/4) miles to the southwest corner of township ten (10) south, range thirty-five (35) east, Boise meridian; thence west along and upon the south line of said township ten (10) (1913, ch. 6, section 2, pp. 31, 32), to a point a distance of two (2) miles east from the southeast corner of township ten (10) south, range thirty-three (33) east; thence south to a point where the line thus drawn intersects the line between townships eleven (11) and twelve (12) south, range thirty-four (34) east; thence west along and upon the line between townships eleven (11) and twelve (12) south (1915, ch. 132, section 2, p. 288), to the southeast corner of township eleven (11) south, range thirty-two (32) east; thence south upon the township line to the southeast corner of township twelve (12) south, range thirty-two (32) east; thence west upon and along the southern line of said township twelve (12), to the southwest corner of township twelve (12) south, range thirty (30) east; thence north upon the range line between ranges twenty-nine (29) and thirty (30) east, to the southwest corner of township nine (9) south, range thirty (30) east; thence west along and upon the south line of township nine (9) south, to the southwest corner of section thirty-four (34), township nine (9) south, range twenty-eight (28) east; thence north upon and along the line between sections thirty-three (33) and thirty-four (34), township nine (9) south, range twenty-eight (28) east, and an extension thereof to the point where said line so extended intersects the center of the main channel of Snake river; thence down the center of the main channel of Snake river to the point of intersection with the range line between ranges twenty-seven (27) and twenty-eight (28) east; thence north along and upon said range line to the northwest corner of township nine (9) south, range twenty-eight (28) east; thence east upon and along the north line of said township nine (9) south, to the northeast corner of section four (4), township nine (9) south, range twenty-eight (28) east; thence in a northerly direction along and upon the section line which, when surveyed, will be between sections thirty-three (33) and thirty-four (34), township eight (8) south, range twenty-eight (28) east, and an extension of such line to the point where such extended line will intersect with the township line which, when surveyed, will be the township line between townships seven (7) and eight (8) south, range twenty-eight (28) east; thence west upon the township line to a point which when surveyed, will be the southwest corner of township seven (7) south, range twenty-eight (28) east; thence north along and upon the range line which, when surveyed, will be the range line between ranges twenty-seven (27) and twenty-eight (28) east, to a point which will be, when surveyed and established, the northwest corner of township four (4) south, range twenty-eight (28) east; thence east along and upon the line which will be, when surveyed, the north line of said township four (4) south, to the northwest corner of township four (4) south, range thirty (30) east; thence south along the range line, the same being the western boundary line of Bingham county, to the northwest corner of section thirty-one (31), township six (6) south, range thirty (30) east, the point of beginning (1913, ch. 6, section 2, pp. 32, 33).
[(31-141) Compiled and reen. C.L. 3:38; C.S., sec. 45; am. 1927, ch. 256, sec. 5, p. 431; I.C.A., sec. 30-141.]
Shoshone county is described as follows: beginning at a point where the township line between townships forty-one (41) and forty-two (42) north, intersects the western boundary of the state of Montana;
Eastern boundary. Thence in a northerly direction along the said boundary and with the Bitterroot range of mountains until the said range turns in a westerly direction and is called Coeur d’Alene.
Northern boundary. Thence with the said Coeur d’Alene range of mountains in a westerly direction until a point is attained on the west line of section twenty-two (22), township fifty-four (54) north, range one (1) east, being the northwest corner of Shoshone county with Bonner county to the north and west;
Western boundary. Thence south along the section lines, approximately 2 and 3 quarter miles to the southwest corner of section thirty-four (34), township fifty-four (54) north, range one (1) east;
Thence west along the township line, approximately 0.64 chains (42 feet) to the northwest corner of section three (3), township fifty-three (53) north, range one (1) east;
Thence south along the section lines, approximately 2 miles to the southwest corner of section ten (10), township fifty-three (53) north, range one (1) east;
Thence east along the section line, approximately 1 half mile to the south quarter corner of section ten (10), township fifty-three (53) north, range one (1) east;
Thence south along the midsection lines, approximately 4 miles to the south quarter corner of section thirty-four (34), township fifty-three (53) north, range one (1) east, being the southeast corner of Bonner county with Shoshone county to the south and east;
Thence west along the township line, approximately 32.24 chains (2,128 feet) to the northwest corner of section three (3), township fifty-two (52) north, range one (1) east, being the northeast corner of Kootenai county with Bonner county to the north and Shoshone county to the east;
Thence south along the section lines, approximately 12 miles to the southwest corner of section thirty-four (34), township fifty-one (51) north, range one (1) east;
Thence east along the township line, approximately 1 half mile to the north quarter corner of section three (3), township fifty (50) north, range one (1) east;
Thence south along the midsection lines, approximately 6 miles to the south quarter corner of section thirty-four (34), township fifty (50) north, range one (1) east;
Thence west along the township line, approximately 3.74 chains (247 feet) to the north quarter corner of section three (3), township forty-nine (49) north, range one (1) east;
Thence south along the midsection lines, approximately 2 miles to the south quarter corner of section ten (10), township forty-nine (49) north, range one (1) east;
Thence west along the section line, approximately 1 quarter mile to the west sixteenth corner of sections ten (10) and fifteen (15), township forty-nine (49) north, range one (1) east;
Thence south along the sixteenth section subdivision lines, approximately 4 miles to the west sixteenth corner of section thirty-four (34), township forty-nine (49) north, range one (1) east;
Thence west along the township line, approximately 3.40 chains (224 feet) to the west sixteenth corner of section three (3), township forty-eight (48) north, range one (1) east;
Thence south along the sixteenth section subdivision lines, approximately 5 and 1 half miles to the center west sixteenth corner of section thirty-four (34), township forty-eight (48) north, range one (1) east;
Thence west along the section subdivision line, approximately 90 feet to a duly surveyed property corner monument;
Thence south along the property line, approximately 1 half mile to a duly surveyed property corner monument on the township line;
Thence east along the township line, approximately 90 feet to the west sixteenth corner of section thirty-four (34), township forty-eight (48) north, range one (1) east;
Thence east along the township line, approximately 1 quarter mile to the south quarter corner of section thirty-four (34), township forty-eight (48) north, range one (1) east;
Thence east along the township line, approximately 1.55 chains (102 feet) to the north quarter corner of section three (3), township forty-seven (47) north, range one (1) east;
Thence south along the midsection lines, approximately 3 miles to the south quarter corner of section fifteen (15), township forty-seven (47) north, range one (1) east, being the southeast corner of Kootenai county with Shoshone county to the east and south;
Thence west along the section line, approximately 1 half mile to the northwest corner of section twenty-two (22), township forty-seven (47) north, range one (1) east, being the northeast corner of Benewah county with Kootenai county to the north and Shoshone county to the east;
Thence south along the section lines, approximately 2 miles to the southwest corner of section twenty-seven (27), township forty-seven (47) north, range one (1) east;
Thence east along the section line approximately 1 half mile to the south quarter corner of section twenty-seven (27), township forty-seven (47) north, range one (1) east;
Thence south along the midsection lines, approximately 4 miles to the south quarter corner of section fifteen (15), township forty-six (46) north, range one (1) east;
Thence west along the section line approximately 1 quarter mile to the west sixteenth corner of section fifteen (15) and section twenty-two (22), township forty-six (46) north, range one (1) east;
Thence south along the sixteenth section subdivision line, approximately 1 mile to the west sixteenth corner of section twenty-two (22) and section twenty-seven (27), township forty-six (46) north, range one (1) east;
Thence east along the section line approximately 1 quarter mile to the north quarter corner of section twenty-seven (27), township forty-six (46) north, range one (1) east;
Thence south along the midsection lines, approximately 2 miles to the south quarter corner of section thirty-four (34), township forty-six (46) north, range one (1) east;
Thence west along the township line, approximately 1 half mile to the northwest corner of section three (3), township forty-five (45) north, range one (1) east;
Thence south along the section lines, approximately 6 miles to the southwest corner of section thirty-four (34), township forty-five (45) north, range one (1) east;
Thence east along the township line, approximately 14.24 chains (940 feet) to the west sixteenth corner of section three (3), township forty-four (44) north, range one (1) east;
Thence south along the sixteenth section subdivision lines, approximately 12 miles to the west sixteenth corner of section thirty-four (34), township forty-three (43) north, range one (1) east, being the southeast corner of Benewah county with Shoshone county to the east and south;
Thence west along the township line, approximately 15.50 chains (1,023 feet) to the northwest corner of section three (3), township forty-two (42) north, range one (1) east, being the northeast corner of Latah county with Benewah county to the north and Shoshone county to the east;
Thence south along the section lines, approximately 2 miles to the southwest corner of section ten (10), township forty-two (42) north, range one (1) east;
Thence east along the section line, approximately 1 half mile to the south quarter corner of section ten (10), township forty-two (42) north, range one (1) east;
Thence south along the midsection line, approximately 2 miles to the south quarter corner of section twenty-two (22), township forty-two (42) north, range one (1) east;
Thence west along the section line, approximately 1 quarter mile to the west sixteenth corner of sections twenty-two (22) and twenty-seven (27);
Thence west along the section line, 90 feet to a duly surveyed property corner monument;
Thence south along the property line, approximately 1 half mile to a duly surveyed property corner monument;
Thence east along the section subdivision line, 90 feet to the center west sixteenth corner of section twenty-seven (27);
Thence south along sixteenth section subdivision lines, approximately 1 and 1 half miles to the west sixteenth corner of sections thirty-four (34) and three (3), township forty-two (42) north and township forty-one (41) north, range one (1) east, being the southwest corner of Shoshone county with Latah county to the west and south;
Southern boundary. Thence east on the said township line to the intersection of the same with the boundary line of the state of Montana, the place of beginning.
County seat–Wallace.
[(31-142) Compiled and reen. C.L. 3:39; C.S., sec. 46; I.C.A., sec. 30-142; am. 2024, ch. 222, sec. 6, p. 786; am. 2025, ch. 159, sec. 2, p. 772.]
Teton county is described as follows: beginning at a point on the northern boundary line of Bonneville county, the said point being two (2) miles east of the range line, which, when surveyed, will be between ranges forty-two (42) and forty-three (43) east;
Southern boundary. Thence easterly and southerly on the northern boundary line of Bonneville county as now established, to a point where said boundary line intersects the boundary line dividing the states of Idaho and Wyoming;
Eastern boundary. Thence north along the boundary line between the states of Idaho and Wyoming, to a point where said dividing line intersects Bitch creek;
Northern boundary. Thence westerly and down the center of said Bitch creek, to a point where said Bitch creek intersects and runs into the main channel of the Teton river, and to the center of said main channel; thence down the said main channel of the said Teton river, to a point where the same intersects the section line between sections sixteen (16) and seventeen (17), township seven (7) north, range forty-three (43) east;
Western boundary. Thence south along said line to the place of beginning.
County seat–Driggs.
[(31-143) Compiled and reen. C.L. 3:40; C.S., sec. 47; I.C.A., sec. 30-143.]
Twin Falls county is described as follows: beginning with the intersection of the middle of the channel of the Snake river with the north and south center line of section twenty-eight (28), township ten (10) south, range twenty-one (21) east;
Eastern boundary. Thence south on said center line of section twenty-eight (28), to the point of intersection of the north line of the right of way of the Minidoka & Southwestern Railroad Company, which point is one hundred (100) feet distant, at right angles, from the center of the main track of the line of road of said railroad company as the same is now located; thence in a southwesterly direction along the north line of said railroad right of way, to a point where said line intersects the south line of the canal right of way of the Twin Falls Land & Water Company, which point of intersection is one hundred (100) feet distant, at right angles, from the center line of the main canal of said Twin Falls Land & Water company; thence south to the south line of section thirty-six (36), township ten (10) south, range twenty (20) east; thence west to the southwest corner of section thirty-six (36); thence south on the section line to the south line of township eleven (11); thence west to the southeast corner of township eleven (11) south, range eighteen (18) east; thence south on the range line to the south line of the state of Idaho;
Southern boundary. Thence west along the south line of the state of Idaho to the thirty-eighth (38th) meridian of longitude west from Washington;
Western boundary. Thence north along said meridian to the intersection of the center of the main channel of Snake river;
Northern boundary. Thence up the center of the main channel of Snake river to the point of beginning.
County seat–Twin Falls.
[(31-144) Compiled and reen. C.L. 3:41; C.S., sec. 48; I.C.A., sec. 30-144.]
Valley county is described as follows: beginning at the southwest corner of section thirty-four (34), township ten (10) north, range two (2) east, on the second (2d) standard parallel north;
Southern boundary. Thence east along the said second (2d) standard parallel, five (5) miles to the center of the North Fork of Payette river; thence northerly along the river to the intersection with the line between townships ten (10) and eleven (11) north; thence east to the ridge dividing the waters of the Salmon and Payette rivers; thence northeasterly along the said ridge and along the ridge dividing Bear Valley creek and Cape Horn creek, to the head of the Middle Fork of the Salmon river;
Eastern boundary. Thence northerly along the said river to the intersection of the fifth (5th) standard parallel north;
Northern boundary. Thence west to the divide separating the waters of the Salmon and Payette rivers;
Western boundary. Thence westerly and southerly along the said divide and the divide between Payette and Weiser rivers, to the line between townships thirteen (13) and fourteen (14) north; thence east to the southwest corner of township fourteen (14) north, range three (3) east; thence south twelve (12) miles to the southwest corner of township twelve (12) north, range three (3) east; thence west three (3) miles to the northwest corner of section three (3), township eleven (11) north, range two (2) east; thence south twelve (12) miles, to the place of beginning.
County seat–Cascade.
[(31-145) Compiled and reen. C.L. 3:42; C.S., sec. 49; I.C.A., sec. 30-145.]
Washington county is described as follows: beginning at a point on the boundary line between the states of Idaho and Oregon, the same being the middle of the center channel of Snake river, three thousand nine hundred sixty (3,960) feet in a southwesterly direction from the mouth of Wildhorse river;
Northern boundary. Thence in an easterly direction fifteen and one-half (15 1/2) miles, to a point one-half (1/2) mile east of the west quarter (W1/4) corner of section six (6), township seventeen (17) north, range two (2) west; thence south about twelve (12) miles, to the intersection of said line with Cow creek; thence southeast down the center line of Cow creek to its confluence with the Weiser river; thence south across the Weiser river to a point five hundred (500) feet east of the north quarter (N1/4) corner of section twenty-nine (29), township fifteen (15) north, range two (2) west; thence east about three and three-quarters (3 3/4) miles, to a point one thousand three hundred twenty (1,320) feet east of the northwest corner of section twenty-five (25), said township and range; thence south eight and one-half (8 1/2) miles, to a point one thousand three hundred twenty (1,320) feet east of the west quarter (W1/4) corner of section one (1), township thirteen (13) north, range two (2) west; thence in a southeasterly direction six and one-half (6 1/2) miles, to a point one thousand three hundred twenty (1,320) feet south and one thousand three hundred twenty (1,320) feet east of the west quarter (W1/4) corner of section twenty-four (24), township thirteen (13) north, range one (1) west; thence east (1911, ch. 31, section 2, p. 67) to the summit of the dividing range between the waters of Crane creek on the west and Squaw creek on the east;
Eastern boundary. Thence southerly along the summit of said dividing range to the intersection of said dividing ridge with the second (2d) standard parallel north (R.C., section 23f);
Southern boundary. Thence west along said second (2d) standard parallel to its intersection with the Snake river;
Western boundary. Thence down the main channel of Snake river, to the place of beginning (R.C., section 23w).
County seat–Weiser.
[(31-146) Compiled and reen. C.L. 3:43; C.S., sec. 50; I.C.A., sec. 30-146.]
All elections for the removal of county seats shall be held at the same time and place at which general elections are held.
[(31-201) 1890-1891, p. 57, sec. 118; reen. 1899, p. 33, sec. 105; reen. R.C. & C.L., sec. 466; C.S., sec. 650; I.C.A., sec. 30-201.]
Public notice shall be given of the intention to circulate a petition praying for the removal of the county seat of any county from its then present location to some other point within said county, and in said petition designated, at least ten (10) days before the same is circulated, by publication in some newspaper printed in the county (if there be one), and by posting three (3) printed notices in three (3) public places at the county seat, and a like number at the place to which the county seat is proposed to be removed, in which notices the intent of said petition shall be set forth; and all signers to such petition or petitions shall be void and stricken from such petition if procured six (6) months before the first day of the term of court at which the application is to be made; and whenever such petition or petitions, addressed to the district court of such county, and stating the time when such election shall be held, shall be signed by a number of legal voters of said county, equal in number to a majority of all votes cast at the last general election therein, and shall be filed in the office of the clerk of the district court of said county, not less than twenty (20) nor more than forty (40) days before the first day of the term of said court next preceding the next general election, unless said term commences after the first day of October, then, in such case, the next preceding term. Such petition shall be deemed a proposal to remove the county seat of such county, and the point designated in said petition shall be deemed and taken as fixed by said petition, in pursuance of law, whenever the court shall order an election to such point as hereinafter provided, as the point to which it is proposed to remove the county seat of such county.
[(31-202) 1890-1891, p. 57, sec. 119; reen. 1899, p. 33, sec. 106; reen. R.C. & C.L., sec. 467; C.S., sec. 651; I.C.A., sec. 30-202.]
Each petitioner signing such petition shall write, or cause to be written, opposite to his name on said petition, the name of the city and ward in which he then resides, if he resides in a city; or, if he does not reside in a city, then the name of the precinct in which he resides at the time of signing such petition; and no person shall sign such petition unless he shall be, at the time, a legal voter at general elections.
[(31-203) 1890-1891, p. 57, sec. 120; reen. 1899, p. 33, sec. 107; reen. R.C. & C.L., sec. 468; C.S., sec. 652; I.C.A., sec. 30-203.]
Said petition or petitions shall, after they are filed in the office of the clerk of the district court of the county be open to the inspection of any and all citizens of the county, but shall not be removed therefrom.
[(31-204) 1890-1891, p. 57, sec. 121; reen. 1899, p. 33, sec. 108; am. R.C. & C.L., sec. 469; C.S., sec. 653; I.C.A., sec. 30-204.]
Any citizen and legal voter at general elections in said county may contest the right of any person whose name is subscribed to said petition, to sign such petition under this chapter, and shall have the right to contest said petition as to any names subscribed thereto that he shall have good reason to believe are fictitious: provided, he shall, ten (10) days before the first day of the term of said court, file in the office of the clerk of the district court of such county a list of the names of the persons whose right to sign said petition he is desirous of contesting, together with his affidavit indorsed thereon, that he has good reason to believe, and does verily believe, that such persons named in said list are not legal voters of such county and had no right in law to sign such petition; and shall also file in the office of said clerk, ten (10) days before said term of said court, a list of such names as he has reason to believe are fictitious, together with his affidavit, that he has good reason to believe, and does verily believe, that such names are fictitious; and such persons shall have the right to contest such petitions only as to the names included in said lists.
[(31-205) 1890-1891, p. 57, sec. 122; reen. 1899, p. 33, sec. 109; reen. R.C. & C.L., sec. 470; C.S., sec. 654; I.C.A., sec. 30-205.]
It shall be the duty of said court, on the first day of and during said term of court, to hear all evidence for and against said petition or petitions as to the lists of names filed in said court under this chapter, and to strike from such petition or petitions all names proved by competent evidence to be fictitious, and the names of persons having no legal right to sign the same under this chapter. In case there shall be no contest, or if the court finds, after striking from said petition or petitions all names proved to be fictitious, and all names not legally signed thereto, that it still contains the number of names of legal voters required by this chapter, the court shall order said election according to the prayer of said petition and subject to the provisions of section 34-106, Idaho Code. In case of a contest to said petition or petitions, it shall be the duty of the clerk of said court, on request of the persons contesting any petition under the provisions of this chapter, to issue subpoenas for such witnesses as said persons shall name; and it shall be the duty of said clerk, on request of any legal voter of the county for the purpose of sustaining any petition, in like manner to issue subpoenas for such witnesses as he shall name. Said subpoenas to be made returnable to the term of court at which such contest will be made.
[(31-206) 1890-1891, p. 57, sec. 123; reen. 1899, p. 33, sec. 110; am. R.C. & C.L., sec. 471; C.S., sec. 655; I.C.A., sec. 30-206; am. 1995, ch. 118, sec. 20, p. 449.]
All cases of contest arising upon said petitions or affidavits shall have precedence over all other cases at said term of said court, and shall be heard and determined at said term, and the decision of the court shall be final.
[(31-207) 1890-1891, p. 57, sec. 124; reen. 1899, p. 33, sec. 111; reen. R.C. & C.L., sec. 472; C.S., sec. 656; I.C.A., sec. 30-207.]
The voting for the removal of any county seat shall be by ballot, and each ballot shall have printed or written thereon the words stated in section 31-214, Idaho Code. Such ballot shall be smaller than the general election ballots and shall be officially stamped, and there shall be printed or written thereon the words "county seat ballot," and any elector who is registered as provided in title 34, Idaho Code, and who, in addition to being qualified to vote for county officers, has resided in the county six (6) months and in the precinct ninety (90) days, shall be permitted to vote for or against the removal of the county seat by handing to one (1) of the judges of election a county seat ballot, at the same time announcing that he is entitled to vote on the question of the removal of the county seat. If the judges of election are of the opinion that the said elector is entitled to vote on the question of the removal of the county seat, his ballot shall then be deposited in the ballot box, and the clerks of election shall write opposite his name in brackets the words "county seat" or "county division," as the case may be.
[(31-208) 1890-1891, p. 57, sec. 125; reen. 1899, p. 33, sec. 112; am. R.C. & C.L., sec. 473; C.S., sec. 657; I.C.A., sec. 30-208; am. 2022, ch. 111, sec. 13, p. 377.]
Any person who offers to vote on the question of the removal of the county seat may be challenged by any person and for any of the reasons allowed for other challenges, and the rules provided for other challenges shall apply to such challenges.
[(31-209) 1890-1891, p. 57, sec. 126; reen. 1899, p. 33, sec. 113; reen. R.C. & C.L., sec. 474; C.S., sec. 658; I.C.A., sec. 30-209.]
The returns for county seat elections shall be canvassed by the same officers and in the same manner as the returns for county and precinct officers are canvassed, and the result of the vote for the removal of the county seat shall be officially declared by the county board of canvassers in the following manner:
They shall record the total votes cast in each ward or precinct both for and against the proposed removal, upon the book provided for recording the results of the general election. This record shall be made upon a separate page, or pages, of said book, and after the record is complete and the total result known, they shall make a complete copy of such record, certified to by each member of the board. They shall deposit this certificate with the county auditor, who shall, without delay, file the same with the clerk of the district court which authorized the election, and the auditor shall also cause a copy of the certificate to be published in some newspaper of general circulation in the county.
[(31-210) 1890-1891, p. 57, sec. 127; reen. 1899, p. 33, sec. 114; reen. R.C. & C.L., sec. 475; C.S., sec. 659; I.C.A., sec. 30-210.]
When the attempt has been made to remove the county seat of any county, as in this chapter provided, and the county board of canvassers have found and declared that two-thirds (2/3) of the voters of the county who have voted for or against such removal have voted in favor of such removal, then said county seat of said county is thereby removed to the point named in the petition.
[(31-211) 1890-1891, p. 57, sec. 128; reen. 1899, p. 33, sec. 115; reen. R.C. & C.L., sec. 476; C.S., sec. 660; I.C.A., sec. 30-211.]
Whenever the boards of county commissioners of affected counties have by joint ordinance provided that a part of an affected county be stricken off from said county and annexed to an adjoining affected county, the provisions of the constitution being complied with, the qualified electors who have resided ninety (90) days next preceding the first general election after the passage of this chapter within the boundary lines of the territory stricken off and annexed, shall be permitted to vote at said general election, for or against said annexation. If a majority of said electors voting at said election vote in favor of annexation, said territory is then stricken off and annexed, as provided in this chapter: provided, that all the requirements of the constitution have been complied with. If such annexation and change of county boundaries occur, the legislature, at its next regular session, shall redefine the boundaries of the affected counties as set forth in the Idaho Code to conform therewith. The county recorder of the county from which the territory is to be detached may have clearly reproduced by photographing or filming in accordance with the provisions of sections 9-328, 9-329, and 9-330, Idaho Code, into permanent records, all instruments, papers and other matters and things relating to or affecting real property in the territory being detached and annexed. When the costs have been determined for the transcribing and indexing of all instruments, documents, records, maps, papers, and all other matters relating to or affecting the property in the territory to be annexed, which must be transferred to the annexing county, and the copying and preparing for transfer of all pleadings, court records, and other papers in all court actions and court proceedings to be transferred to the annexing county, the board of county commissioners of the county annexing the detached territory shall cause county warrants to be drawn to pay all such costs; said warrants so drawn shall be paid by a tax to be assessed upon all property within the territory being annexed.
[(31-212) 1890-1891, p. 57, sec. 129; reen. 1899, p. 33, sec. 116; am. R.C. & C.L., sec. 477; C.S., sec. 661; I.C.A., sec. 30-212; am. 1949, ch. 56, sec. 1, p. 100; am. 1955, ch. 106, sec. 1, p. 230; am. 2022, ch. 111, sec. 14, p. 377.]
The rules and regulations for voting at county seat elections, as provided in this chapter, so far as they apply to ballots, voting, challenging, canvassing the returns and declaring the result, shall apply to elections for the striking off of any part of any county and annexing the same to any adjoining county.
[(31-213) 1890-1891, p. 57, sec. 130; reen. 1899, p. 33, sec. 117; am. R.C. & C.L., sec. 478; C.S., sec. 662; I.C.A., sec. 30-213.]
It shall be the duty of the auditor of the county wherein it is proposed to hold an election for the removal of the county seat, or changing county lines, to cause to be printed separate ballots at the same time and in the same manner as ballots for the general election are printed.
Such separate ballots shall be three (3) inches square, or as near this size as practicable, and on one side there shall be printed the following words:
For removal of the county ) No.
seat to …. ) Yes.
For changing county lines ) No.
) Yes.
(As the case may be.)
And the auditor shall send an equal number of these special ballots, with the ballots furnished for the general election, to each voting precinct of the county and at the same time.
[(31-214) 1890-1891, p. 57, sec. 131; reen. 1899, p. 33, sec. 118; reen. R.C. & C.L., sec. 479; C.S., sec. 663; I.C.A., sec. 30-214.]
The ex officio auditor and recorder of any county in this state which has heretofore been, or may hereafter be, divided by the legislature shall, upon demand in writing by the ex officio auditor and recorder of any county which has been created, in whole or in part, from the territory of such divided county, deliver to the ex officio auditor and recorder of the county so created, in whole or in part, from such territory, all record books in his custody and control relating solely to persons and property situated in such newly-created county, together with all maps and plats relating to town sites, precincts, school districts, road districts and other municipalities situated wholly within the boundaries of such newly-created county, and the originals of all chattel mortgages relating to personal property within said newly-created county, and also all tax sale certificates and other papers relating wholly to, and covering property located entirely within such newly-created county. At the time of such delivery by the said ex officio auditor and recorder of the divided county, he shall take an itemized receipt from the ex officio auditor and recorder of the newly-created county, and file and keep the same in his office as a part of the records of said divided county.
[(31-301) 1913, ch. 19, sec. 1, p. 89; reen. C.L. 145:1; C.S., sec. 3756; I.C.A., sec. 30-301.]
The book records, plats, chattel mortgages, tax sale certificates and other records, aforesaid, when they shall be delivered to the ex officio auditor and recorder of the newly-created county, shall be deemed to be a part of the records of such newly-created county, and shall be received in evidence with like force and effect as any others of said county.
[(31-302) 1913, ch. 19, sec. 2, p. 89; reen. C.L. 145:2; C.S., sec. 3757; I.C.A., sec. 30-302.]
The county tax collector of the divided county shall immediately, after the passage and approval of this chapter, proceed to make and certify to a transcript of so much of the tax rolls of his office as show taxes levied and assessed against persons, firms, associations, corporations, real and personal property in the territory included in the newly-created county, and unpaid at the time this chapter goes into effect, and as soon as such transcript is completed, the same shall be delivered to the tax collector of the newly-created county and become thenceforth the property of such newly-created county and the official record thereof, with the same force and effect as the original tax roll, and shall be authority for the tax collector of the newly-created county to collect such unpaid taxes, both real and personal, in any manner authorized by law.
[(31-303) 1913, ch. 19, sec. 3, p. 89; reen. C.L. 145:3; C.S., sec. 3758; I.C.A., sec. 30-303.]
Counties of the state of Idaho as they now exist, or may hereafter be created or exist, may be consolidated as in this act provided.
[31-401, added 1933, ch. 135, sec. 1, p. 206.]
All elections for the consolidation of counties shall be held at the November general election.
[31-402, added 1933, ch. 135, sec. 2, p. 206; am. 1995, ch. 118, sec. 21, p. 450; am. 2009, ch. 341, sec. 12, p. 1001.]
Not less than ninety (90) days nor more than six (6) months prior to the date specified in section 31-402, Idaho Code, a petition may be circulated in any county praying for the consolidation of such county with another county. Such petition shall be entitled in the district court of the former county, and shall be in substantially the following form:
"The undersigned qualified electors of …. County, State of Idaho, hereby petition the court thereof to order an election to be held on the first Tuesday following the first Monday of November in an even-numbered year to determine whether said …. County shall be consolidated with …. County (naming the county with which it is desired to consolidate), under the provisions of the law applicable to such elections."
Such petition may consist of any number of copies required for convenient and rapid circulation and the various copies shall be considered as one (1) petition. If said petition, within the time limits hereinbefore fixed, is signed by a number of qualified electors of the county which it is proposed to consolidate, equal in number to two-thirds (2/3) of all votes cast therein at the last general election, such petition shall thereupon, and not later than eighty (80) days prior to said election date, be filed with the clerk of the district court of such county. Such petition shall be deemed a proposal to consolidate said county with the county named therein.
[31-403, added 1933, ch. 135, sec. 3, p. 206; am. 1995, ch. 118, sec. 22, p. 450; am. 2009, ch. 341, sec. 13, p. 1001.]
Each person signing such petition shall write, or cause to be written, opposite his name the name or number of the precinct in which he resides; and no person shall be entitled to sign such petition unless he is, at the time of signing, a qualified elector of the county. Said petition shall, after filing as herein provided, be open to the inspection of the public.
[31-404, added 1933, ch. 135, sec. 4, p. 206.]
Any qualified elector of the county shall have the right to contest the right of any person whose name is subscribed to such petition to file the same, or to contest said petition as to any name or names subscribed thereto which he believes are fictitious: provided, he shall, within ten (10) days after such petition is filed, file in the office of the clerk a list of the names of the persons whose right to sign such petition he is desirous of contesting and/or a list of the names therein which he believes to be fictitious, together with an affidavit attached thereto stating specifically the grounds of his contest.
[31-405, added 1933, ch. 135, sec. 5, p. 206.]
Said petition, with any such contesting lists and affidavits, shall be presented to the court, or to the judge thereof at chambers if the court is not in session, not less than ten (10) nor more than fifteen (15) days after the petition has been filed with the clerk. If any contest has been filed as herein provided, the court or judge shall set a date for hearing the same at a time not more than ten (10) days later. At the time set the court, or judge at chambers, shall hear all evidence for and against said petition, and shall strike from such petition all names proved by competent evidence to be fictitious and the names of persons having no legal right to sign the same, and also all names not legally signed thereto. In case there shall be no contest, or if the court or judge finds, after striking from said petition all names proved to be fictitious, and all names not legally signed thereto, that the petition still contains the number of qualified signers required by this act, the court or judge shall order an election according to the prayer of the petition. In case of contest, subpoena may be issued as in other cases. All cases of contest arising upon such petitions shall have precedence over all other cases.
[31-406, added 1933, ch. 135, sec. 6, p. 206.]
If the court shall order an election, copies of such order, certified by the clerk, shall at once be filed with the county clerk of the county which it is proposed to consolidate, and also with the county clerk of the county with which the consolidation is proposed. The county clerk of each of said counties shall cause a notice of the holding of said election to be published in a newspaper published in each county designating the consolidation proposal to be voted on, the date of the election, the hours during which the polls will be opened, and the polling places in each precinct. The first publication of such notice shall be made not less than twelve (12) days prior to the election and the last publication of notice shall be made not less than five (5) days prior to the election. The county clerk in each county shall likewise, not less than thirty (30) days before such election, cause a copy of such notice to be posted in a conspicuous place in each precinct in each county and in/or near each post office situated therein. If no newspaper be published in such county, the notice given by posting as herein provided shall be sufficient. In any conflict between these election specifications and those provided in chapter 14, title 34, Idaho Code, the provisions of the latter shall prevail.
[31-407, added 1933, ch. 135, sec. 7, p. 206; am. 2009, ch. 341, sec. 14, p. 1002.]
It shall be the duty of the county clerk of each of said counties to cause ballots to be printed to state:
"Shall …. County be consolidated with …. County?
□ Yes
□ No"
The county clerk in each county shall send the requisite number of ballots to each voting precinct in his county in a reasonable time before the election. All ballots and supplies to be used at such election, and the expenses necessarily incurred in the preparation and conduct of such election, shall be paid out of the county election fund as in the case of general elections.
[31-408, added 1933, ch. 135, sec. 8, p. 206; am. 2009, ch. 341, sec. 15, p. 1002.]
The polls in the several election precincts on the day any such election is held shall be open as provided in chapter 14, title 34, Idaho Code. No adjournments or intermissions whatever shall take place until the polls shall be closed and the votes counted.
[31-409, added 1933, ch. 135, sec. 9, p. 206; am. 1995, ch. 118, sec. 23, p. 450.]
No person shall be qualified to vote at any such election unless he is a qualified elector of the county and state in which he offers to vote and unless he be duly registered in the precinct where he offers to vote.
[31-410, added 1933, ch. 135, sec. 10, p. 206.]
The provisions of the general election laws relative to the holding of elections, the appointment of judges and clerks of election, the registration of voters, the solicitation of voters at the polls, the manner of conducting elections, the officers and duties thereof at elections, the counting of ballots and making returns of the results, the canvassing of returns, and all other provisions relating to general elections shall apply to elections held under this act so far as they are applicable and consistent with the provisions hereof, the intention of this act being to place the holding of elections for county consolidations under protection and regulation of general laws now in force, as far as possible, adding thereto the special features herein contained.
[31-411, added 1933, ch. 135, sec. 11, p. 206.]
When an election has been held, as in this act provided, and the county board of canvassers in each of said counties have found and declared that two-thirds (2/3) of the voters in each county who have voted for or against such consolidation have voted in favor of such consolidation, then, on and after the second Monday in December next thereafter, said counties are consolidated under the name of the county with which such consolidation was effected, and the county consolidated shall, on and after said date, cease to exist. Where such consolidation occurs, the terms of office of all county officers in the county which has been consolidated shall automatically terminate.
[31-412, added 1933, ch. 135, sec. 12, p. 206.]
The floating indebtedness of the counties so consolidated, existing and owing at the time the consolidation becomes effective, evidenced by warrants, orders, tax anticipation notes or bonds, and claims outstanding and unpaid, and bond interest coupons maturing prior to said date, shall be determined by the respective county auditors of said counties, and the amount and details thereof certified to the board of commissioners of the county with which the consolidation has been effected. All money in the possession or under the control of the treasurer or other officer of the county which has been consolidated (except school district, road district, highway district, city, village and other municipal funds) shall be paid over to the treasurer of the other county and by the latter applied upon said floating indebtedness of the county which has been consolidated. If any balance remains after the payment of such floating indebtedness, such balance shall be apportioned to the current expense fund of the consolidated county. If such money and credits shall be insufficient to pay such floating indebtedness, as aforesaid, such deficiency shall be met, provided for and paid by levy made on the taxable property in the territory of the county which has been consolidated, such levy to be made and to be payable as other levies for the redemption and payment of indebtedness of like character. In like manner, any amount of such floating indebtedness of the county with which the consolidation has been effected, over and above the moneys in the possession or under the control of the treasurer or other officer of such county (except school district, road district, highway district, village, city and other municipal funds) at the time the consolidation becomes effective, shall be met, provided for and paid by levy on the taxable property in the territory of such county as it existed prior to consolidation.
The bonded indebtedness of the respective counties, existing at the time the consolidation becomes effective, shall be met, provided for and paid as if no consolidation had been effected, the taxable property in the territory of each county, as it formerly existed, remaining liable therefor as before; and the same rule shall apply in the case of any refunding issue or issues.
[31-413, added 1933, ch. 135, sec. 13, p. 206.]
Promptly after such consolidation becomes effective, all records, files, proceedings, instruments, documents, bonds, reports, maps, plats, rolls and the like shall be delivered to and taken possession of by the appropriate officer of the county with which the consolidation has been made, and the same shall become a part of the official files and records of such office. All property of the formerly existing county shall become the property of the consolidated county and shall be managed, handled and disposed of as other county property. Any real property and equipment such as court house, jail or hospital, no longer required, may be sold as like county property is sold.
[31-414, added 1933, ch. 135, sec. 14, p. 206.]
The county treasurer of the formerly existing county shall turn over to the treasurer of the consolidated county all funds in his official possession or control belonging to municipal or quasi municipal corporations, and the proper record of such transaction shall be made in the office of the county auditor.
[31-415, added 1933, ch. 135, sec. 15, p. 206.]
All civil and criminal actions and special proceedings, and all records and files pertaining thereto, pending in the formerly existing county, shall be transferred to the office of the clerk of the court of the consolidated county, without further charge, likewise all civil and criminal actions and all unsettled estates, pending in the probate court of the formerly existing county, together with all records and files pertaining to the same, shall be transferred to the probate court of the consolidated county, without additional charge.
[31-416, added 1933, ch. 135, sec. 16, p. 206.]
The board of county commissioners of any new county which may have been formed, organized or created pursuant to the acts of the legislature of the state of Idaho, approved subsequent to the first day of January, 1911, or which may be hereafter formed, organized or created, may in the exercise of its judgment and discretion when deemed advisable and in the interests and for the benefit of the county, and to enable such county to be placed as near as may be on a cash basis, issue and negotiate coupon bonds at such time and in such manner and upon such terms as are deemed for the best interests of the county, in order to provide funds with which to pay and entirely discharge any part, either on all of the warrant, bonded, floating or other indebtedness or obligations which may have been either assumed or are owing by such new county to the county or counties out of which such new county was formed or the indebtedness incurred by such new county in the transcribing and certifying of records and the preparing of indexes, in the purchase and providing of books, records, furniture, fixtures, office supplies, safes, vaults and a jail, in the employment of accountants and appraisers and for other ordinary and necessary equipment and expense incident to the organization of such new county, or an amount of the then outstanding warrant indebtedness of such new county equal to the amount previously expended by such new county for the purpose or purposes herein above-mentioned, and such bonds shall constitute a legal charge and obligation of the county.
[(31-501) 1915, ch. 20, part of sec. 1, p. 72; reen. C.L. 146:1; C.S., sec. 3759; I.C.A., sec. 30-401.]
All such bonds shall conform to, and provisions be made for their payment in accordance with the provisions of sections 3519, 3522, 3524 and 3526 of the Compiled Statutes of Idaho.
[(31-502) 1915, ch. 20, part of sec. 1, p. 72; reen. C.L. 146:2; C.S., sec. 3760; I.C.A., sec. 30-402.]
Before the board of county commissioners of a county shall issue bonds under the provisions of this chapter the board must first ascertain and determine that the particular bonded, warrant or other indebtedness of the county, proposed to be retired by the bond issue, constitutes binding and subsisting obligations of the county, and they shall thereupon cause a certificate of determination to be made and entered in and upon the records of said board and the findings of said board shall thereafter be conclusive as a basis for the issuance of such bonds and the levy and collection of taxes for their payment.
[(31-503) 1915, ch. 20, part of sec. 1, p. 72; reen. C.L. 146:3; C.S., sec. 3761; I.C.A., sec. 30-403.]
No bonds issued pursuant to the provisions of this chapter shall in any wise increase the principal amount of the existing indebtedness of the county.
[(31-504) 1915, ch. 20, part of sec. 1, p. 73; reen. C.L. 146:4; C.S., sec. 3762; I.C.A., sec. 30-404.]
This chapter shall not in any wise be construed as a repeal of any of the power and authority vested in the board of county commissioners of any new county by act of the legislature particularly relating to such new county.
[(31-505) 1915, ch. 20, part of sec. 1, p. 73; reen. C.L. 146:5; C.S., sec. 3763; I.C.A., sec. 30-405.]
Every county is a body politic and corporate, and as such has the powers specified in this title or in other statutes, and such powers as are necessarily implied from those expressed.
[(31-601) 1870, p. 76, sec. 1; R.S., sec. 1730; reen. R.C. & C.L., sec. 1898; C.S., sec. 3396; I.C.A., sec. 30-501.]
Its powers can only be exercised by the board of county commissioners, or by agents and officers acting under their authority, or authority of law. The purchasing power of the county, and the authority to contract for purchases, may be delegated to another elected official or an employee of the county by the board of county commissioners.
[(31-602) R.S., sec. 1731; reen. R.C. & C.L., sec. 1899; C.S., sec. 3397; I.C.A., sec. 30-502; am. 2017, ch. 197, sec. 1, p. 482.]
The name of a county designated in the law creating it is its corporate name, and it must be known and designated thereby in all actions and proceedings touching its corporate rights, property and duties.
[(31-603) R.S., sec. 1732; reen. R.C. & C.L., sec. 1900; C.S., sec. 3398; I.C.A., sec. 30-503.]
It has power:
To sue and be sued.
To purchase and hold lands.
To make such contracts, and purchase and hold such personal property, as may be necessary to the exercise of its powers.
To make such orders for the disposition or use of its property as the interests of its inhabitants require.
To levy and collect such taxes for purposes under its exclusive jurisdiction as are authorized by law.
Such other and further authority as may be necessary to effectively carry out the duties imposed on it by the provisions of the Idaho Code and constitution.
[(31-604) 1870, p. 76, sec. 1; R.S., sec. 1733; reen. R.C. & C.L., sec. 1901; C.S., sec. 3399; I.C.A., sec. 30-504; am. 1989, ch. 74, sec. 1, p. 128; am. 1990, ch. 123, sec. 1, p. 293.]
No county must in any manner loan or give its credit to or in aid of any person, association or corporation unless it is expressly authorized by law so to do.
[(31-605) R.S., sec. 1734; reen. R.C. & C.L., sec. 1902; C.S., sec. 3400; I.C.A., sec. 30-505.]
Each county must have a board of county commissioners consisting of three (3) members.
[(31-701) 1868, p. 100, sec. 1; R.S., sec. 1745; reen. R.C. & C.L., sec. 1904; C.S., sec. 3402; I.C.A., sec. 30-601.]
Each member of a board of commissioners must meet the residency requirements in the county and district which he represents as set out in section 34-617, Idaho Code.
[(31-702) 1885, p. 85, sec. 3; R.S., sec. 1746; reen. R.C. & C.L., sec. 1905; C.S., sec. 3403; I.C.A., sec. 30-602; am. 1982, ch. 332, sec. 1, p. 839.]
The term of office of a commissioner shall be as follows:
At the general election in 1936, two members shall be elected for a term of two (2) years and one member for a term of four (4) years; at each biennial election thereafter, one member shall be elected for a term of two (2) years and one for a term of four (4) years, it being further provided that at the general election in 1936, the commissioner from county commissioner’s district number one, shall be elected for a term of four (4) years and that the four (4) year term shall be allotted thereafter in rotation to districts number two, three, and one.
[(31-703) 1868, p. 100, sec. 2; R.S., sec. 1747; reen. R.C. & C.L., sec. 1906; C.S., sec. 3404; I.C.A., sec. 30-603; am. 1935, ch. 18, sec. 1, p. 37.]
At the regular meeting in January, preceding any general election, the board of commissioners must district their county into three (3) districts, as nearly equal in population as may be, to be known as county commissioners’ districts, numbers one (1), two (2) and three (3) respectively; provided, that when a new county shall have been created, or the boundary lines of a county shall have been changed, then the board of commissioners of such county may district their county at any general or special meeting of such board.
[(31-704) R.S., sec. 1748; am. 1893, p. 3, sec. 1; reen. 1899, p. 164, sec. 1; am. R.C. & C.L., sec. 1907; C.S., sec. 3405; I.C.A., sec. 30-604; am. 1943, ch. 69, sec. 1, p. 147; am. 1972, ch. 132, sec. 1, p. 261.]
The members of the board of commissioners must, at their first regular meeting on the second Monday of January next after their election, elect a chairman from their number.
[(31-705) 1868, p. 100, sec. 6; R.S., sec. 1750; reen. R.C. & C.L., sec. 1908; C.S., sec. 3406; I.C.A., sec. 30-605.]
A majority of the board constitutes a quorum. The chairman must preside at all meetings of the board, and in case of his absence or inability to act, the members present must, by an order, select one of their number to act as chairman temporarily. Any member of the board or its clerk may administer oaths to any person concerning any matter submitted to them or connected with their powers or duties.
[(31-706) 1868, p. 100, sec. 6; R.S., sec. 1751; reen. R.C. & C.L., sec. 1909; C.S., sec. 3607; I.C.A., sec. 30-606.]
The county auditor is ex officio clerk of the board of commissioners. The records must be signed by the chairman and the clerk.
[(31-707) 1868, p. 100, sec. 6; R.S., sec. 1752; reen. R.C. & C.L., sec. 1910; C.S., sec. 3408; I.C.A., sec. 30-607.]
The clerk of the board must:
Record all the proceedings of the board.
Make full entries of all their resolutions and decisions on all questions concerning the raising of money for, and the allowance of accounts against, the county.
Record the vote of each member on any question upon which there is a division, or at the request of any member present.
Sign all orders made and warrants issued by order of the board for the payment of money.
Record the reports of the county treasurer of the receipts and disbursements of the county.
Preserve and file all accounts acted upon by the board.
Preserve and file all petitions and applications for franchises; and record the action of the board thereon.
Record all orders levying taxes; and,
Perform all other duties required by law or any rule or order of the board.
[(31-708) 1868, p. 100, sec. 6; R.S., sec. 1753; reen. R.C. & C.L., sec. 1911; C.S., sec. 3409; I.C.A., sec. 30-608.]
The board must cause to be kept permanently and indefinitely, in accordance with the provisions of section 31-871A, Idaho Code:
Minute records, in which must be recorded all orders and decisions made by them, and the daily proceedings had at all regular and special meetings.
Allowance records, in which must be recorded all orders for the allowance of money from the county treasury, to whom made, and on what account, dating, numbering and indexing the same through each year.
Road records, containing all proceedings and adjudications relating to the establishment, maintenance, change and discontinuance of roads, road districts, and overseers thereof, their reports and accounts.
Franchise records, containing all franchises granted by them, for what purpose, the length of time and to whom granted, the amount of bond and license tax required.
Warrant records, to be kept by the county auditor, in which must be entered, in the order of drawing, all warrants drawn on the treasury, with their number and reference to the order on the minute book, with the date, amount, on what account, and name of payee.
Ordinance records, containing all ordinances, stating the date enacted.
Resolutions records, containing all resolutions, stating the date adopted.
[(31-709) R.S., sec. 1754; am. R.C. & C.L., sec. 1912; C.S., sec. 3410; I.C.A., sec. 30-609; am. 1989, ch. 93, sec. 1, p. 219; am. 1993, ch. 140, sec. 3, p. 373; am. 1995, ch. 61, sec. 1, p. 135; am. 2016, ch. 47, sec. 14, p. 109.]
(1) The regular meetings of the boards of commissioners must be held at their respective county seats on the second Monday of each month of the year, or if the board determines that county affairs require regular meetings more often, then at such times as may be provided for in advance by ordinance, and must continue from time to time until all the business before them has been addressed. Such other meetings must be held, to canvass election returns, equalize taxation, and for other purposes as are prescribed by law or provided for by the board.
(2) Adjourned meetings may be provided for, fixed and held for the transaction of business, by an order duly entered of record, in which must be specified the character of business to be transacted at such meetings, and none other than that specified must be transacted.
(3) Notifications of meetings of the board shall be held in accordance with the open meetings law as provided in chapter 2, title 74, Idaho Code.
(4) All meetings of the board must be public, and the books, records, and accounts must be kept at the office of the clerk, open at all times for public inspection, free of charge.
[31-710, added 1968, p. 100 secs. 4, 5, 8; 1883, p. 10, sec. 1; R.S., sec. 1755; reen. R.C. & C.L., sec. 1913; C.S., sec. 3411; I.C.A., sec. 30-610; am. 1935, ch. 110, sec. 1, p. 259; am. 1937, ch. 23, sec. 1, p. 33; am. 1939, ch. 119, sec. 1, p. 215; am. 1989, ch. 65, sec. 1, p. 105; (these sections combined in 31-710, 1989; sec. 31-711, 1869, p. 100, sec. 4, R.S., sec. 1756, reen. R.C. & C.L., sec. 1914, C.S., sec. 3412; I.C.A., sec. 30-611; sec. 31-712, 1869, p. 100, sec. 5, R.S., sec. 1757; reen. R.C. & C.L., sec. 1915; C.S., sec. 3413; I.C.A., sec. 30-612; sec. 31-713, 1869, p. 100, secs. 5, 8; R.S., sec. 1758; reen. R.C. & C.L., sec. 1916; C.S., sec. 3414; I.C.A., sec. 30-613;) am. and redesig. 1989, ch. 93, sec. 2, p. 219; am. 2017, ch. 99, sec. 2, p. 247.]
The board of county commissioners may pass all ordinances and rules and make all regulations, not repugnant to law, necessary for carrying into effect or discharging the powers and duties conferred by the laws of the state of Idaho, and such as are necessary or proper to provide for the safety, promote the health and prosperity, improve the morals, peace and good order, comfort and convenience of the county and the inhabitants thereof, and for the protection of property therein, and may enforce obedience to such ordinances with such fines or penalties, including infraction penalties, as the board may deem proper; provided, that the punishment of any offense shall be by fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment.
[31-714, added 1965, ch. 159, sec. 1, p. 308; am. 1976, ch. 145, sec. 1, p. 530; am. 1978, ch. 260, sec. 1, p. 566; am. 2000, ch. 35, sec. 1, p. 63; am. 2005, ch. 359, sec. 14, p. 1143.]
The style of all ordinances shall be: "Be it ordained by the board of county commissioners of …. county, Idaho"; and all ordinances of a general nature shall, before they take effect and within one (1) month after they are passed, be published in at least one (1) issue of a newspaper published in the county, but if no paper be published in the county, then in some paper having general circulation therein; provided, however, that in cases of riot, infectious or contagious diseases, or other impending danger requiring its immediate operation, such ordinances shall take effect upon the proclamation of the board of county commissioners, posted in at least five (5) public places in the county; provided further that whenever a revision or codification of ordinances is made and the revised or codified ordinances are published by authority of the board of county commissioners in book or pamphlet form no further publication thereof shall be deemed necessary, provided that when codes establishing rules and regulations for the construction, alteration or repair of buildings, the installation of plumbing, the installation of electric wiring, sanitary regulations or health measures, or other related or similar work, have been regularly adopted as a code by such board, they shall take effect without publication or posting thereof if reference be made to such code in a regularly adopted and published ordinance without including in such regularly adopted and published ordinance more than a particular reference to such code, provided, however, that one (1) copy of such code duly certified by the clerk of the board of county commissioners shall have been filed for use and examination by the public in the office of the clerk of the board of county commissioners prior to the adoption of said ordinance by the clerk of the board of county commissioners, and thereafter kept on file in such office.
[31-715, added 1965, ch. 159, sec. 2, p. 308; am. 1987, ch. 15, sec. 1, p. 19.]
(1) The county may publish a summary of the ordinance which summary shall be approved by the board of county commissioners and which shall include:
(a) The name of the county;
(b) The formal identification or citation number of the ordinance;
(c) A descriptive title;
(d) A summary of the principal provisions of the ordinance, including penalties provided and the effective date;
(e) Any other information necessary to provide an accurate summary; and
(f) A statement that the full text is available and the name, location, and office hours of the agency where a complete copy may be obtained.
(2) Subsection (1) of this section notwithstanding, whenever any publication is made under this section and the proposed or adopted ordinance contains legal descriptions, or contains provisions regarding taxation or penalties concerning real property, then the sections containing this matter shall be published in full and shall not be summarized. When a legal description of real property is involved, the notice shall also include the street address or addresses of the property described, if any. In the case of descriptions covering one or more street addresses, the street addresses of the corners of the area described shall meet this requirement. Maps may be substituted for written legal description of property provided they contain sufficient detail to clearly define the area with which the ordinance is concerned.
(3) Before submission of a summary to a newspaper for publication under this section, the county clerk under seal of the board of county commissioners shall sign a statement, which shall be filed with the ordinance, that the summary is true and complete and provides adequate notice to the public.
(4) The full text of any ordinance which is summarized by publication under this section shall be promptly provided to any citizen on personal request.
[31-715A, added 1981, ch. 136, sec. 1, p. 240; am. 1989, ch. 74, sec. 3, p. 128.]
All ordinances shall be passed pursuant to such rules and regulations not inconsistent with the general laws relating thereto as the board of county commissioners may provide; and all such ordinances may be proved by the certificate of the clerk under the seal of the board of county commissioners, and when printed or published in book or pamphlet form by authority of the board of county commissioners, shall be read and received in evidence in all courts and places without further proof.
[31-716, added 1965, ch. 159, sec. 3, p. 308.]
The board of county commissioners shall have the authority to place a question on the ballot pertaining to any issue before the citizens of that county during a primary or general election. The results of such an election shall be advisory only.
[31-718, added 1994, ch. 372, sec. 2, p. 1200.]
The boards of county commissioners in their respective counties shall have jurisdiction and power, under such limitations and restrictions as are prescribed by law.
[(31-801) R.S., sec. 1759; R.C., sec. 1917; am. 1913, ch. 143, sec. 1, p. 506; compiled and reen. C.L., sec. 1917; C.S., sec. 3415; I.C.A., sec. 30-701; am. 1989, ch. 73, sec. 1, p. 117.]
To supervise the official conduct of all county officers, and appointed boards or commissions of the county charged with assessing, collecting, safekeeping, management or disbursement of the public moneys and revenues; see that they faithfully perform their duties; direct prosecution for delinquencies; approve the official bonds of county officers, and when necessary, require them to make reports, and to present their books and accounts for inspection.
[(31-802) R.S., sec. 1759; R.C., sec. 1917a, as added by 1913, ch. 143, sec. 2, p. 506; reen. C.L., sec. 1917a; C.S., sec. 3416; I.C.A., sec. 30-702; am. 1989, ch. 73, sec. 2, p. 118.]
To divide the counties into election precincts, road and other districts required by law, change the same and create others, as convenience requires.
[(31-803) R.S., sec. 1759; R.C., sec. 1917b, as added by 1913, ch. 143, sec. 2, p. 506; reen. C.L., sec. 1917b; C.S., sec. 3417; am. 1931, ch. 51, sec. 1, p. 85; I.C.A., sec. 30-703; am. 1970, ch. 120, sec. 1, p. 284; am. 1989, ch. 73, sec. 3, p. 118.]
(1) The board of county commissioners must establish, abolish and change election precincts and canvass all election returns.
(2) The board must provide all poll lists, poll books, blank returns and certificates, proclamations of election and other appropriate and necessary appliances for holding all elections in the county, and allow reasonable charges therefor, and for the transmission and return of the same to the proper officers.
[(31-804) R.S., sec. 1759; R.C., sec. 1917c, as added by 1913, ch. 143, sec. 2, p. 507; reen. C.L., sec. 1917c; C.S., sec. 3418; I.C.A., sec. 30-704; am. 1982, ch. 77, sec. 1, p. 145; (sec. 31-843 combined in sec. 31-804, 1989, ch. 73; 1885, p. 106, sec. 12; R.S., sec. 1763; am. R.C., sec. 1918; reen. C.L., sec. 1918n; C.S., sec. 3450; I.C.A., sec. 30-741); am. and redesig. 1989, ch. 73, sec. 4, p. 118.]
The board shall lay out, maintain, control and manage public roads, turnpikes, ferries and bridges within the county, and levy such tax therefor as authorized by law; provided that the board need not lay out, maintain, control, and manage public roads, turnpikes, ferries, and bridges inside the boundaries of a highway district formed pursuant to title 40, Idaho Code.
[(31-805) R.S., sec. 1759; R.C., sec. 1917d, as added by 1913, ch. 143, sec. 2, p. 507; reen. C.L., sec. 1917d; C.S., sec. 3419; I.C.A., sec. 30-705; am. 1989, ch. 74, sec. 4, p. 129.]
The board of county commissioners of each county in this state may purchase, lease, obtain by gift or accept by grant from private persons, corporations, the United States, the state of Idaho or other governmental agencies, real or personal property, within or without its territorial limits, and may hold, maintain, improve and operate the same for the use and purpose of a public park or public recreation, and it may dedicate property already owned by the county to a like purpose. This section shall not affect the right of a county to acquire property by proceedings in eminent domain.
[31-806 added 1996, ch. 98, sec. 16, p. 398.]
A board of county commissioners shall have the power and authority to purchase, receive by donation, or lease any real or personal property necessary for the use of the county; preserve, take care of, manage and control the county property, but no purchase of real property must be made unless the value of the same has been previously estimated by a real estate appraiser licensed to appraise real property in the state of Idaho pursuant to the provisions of chapter 41, title 54, Idaho Code, and no more than the appraised value must be paid therefor. However, if the county assessor determines that the value of the real property is five thousand dollars ($5,000) or less, then the appraisal provided in this section shall not be required.
[(31-807) R.S., sec. 1759; R.C., sec. 1917g, as added by 1913, ch. 143, sec. 2, p. 507; reen. C.L., sec. 1917g; C.S., sec. 3422; I.C.A., sec. 30-707; am. 1999, ch. 215, sec. 1, p. 573.]
No member of the board must be interested, directly or indirectly, in property purchased for the use of the county, nor in any purchase or sale of property belonging to the county, nor in any contract made by the board or other person on behalf of the county, for the erection of public buildings, the opening or improvement of roads, or the building of bridges, or for other purposes unless otherwise authorized by law.
[31-807A, added 1995, ch. 61, sec. 2, p. 135.]
(1) A board of county commissioners shall have the power and authority to sell or offer for sale at public auction any real or personal property belonging to the county not necessary for its use. However, personal property not exceeding two hundred fifty dollars ($250) in value may be sold at private sale without notice or public auction. Prior to offering the property for sale, the board of county commissioners shall advertise notice of the auction in a newspaper, as defined in section 60-106, Idaho Code, either published in the county or having a general circulation in the county, not less than ten (10) calendar days prior to the auction. If the property to be sold is real property, the notice to be published shall contain the legal description as well as the street address of the property. If the property is outside the corporate limits of a city and does not have a street address, then the description shall also contain the distance and direction of the location of the real property from the closest city.
If the property to be sold is acquired by tax deed, the notice required to be published shall include, next to the description of the property, the name of the taxpayer as it appears in the delinquent tax certificate upon which the tax deed was issued. The property shall be sold to the highest bidder. However, the board of county commissioners shall set the minimum bid for the tax deeded property to include all property taxes owing, interest and costs but they may reserve the right to reject any and all bids and shall have discretionary authority to reject or accept any bid which may be made for an amount less than the total amount of all delinquent taxes, late charges, interest and costs, including other costs associated with the property, advertising, and sale, which may have accrued against any property so offered for sale, including the amount specified in the tax deed to the county. Such action by the board in setting the minimum bid shall be duly noted in their minutes. Failure to do so shall not invalidate a sale. For tax deeded property, the board of county commissioners shall conduct an auction no later than fourteen (14) months from the issuance of the tax deed.
(2) (a) Proceeds from the sale of county property not acquired by tax deed shall be paid into the county treasury for the general use of the county.
(b) If the property to be sold has been acquired by tax deed, pursuant to the provisions of chapter 10, title 63, Idaho Code, the proceeds from the sale, after payment of all delinquent taxes, late charges, interest and costs, including the cost for maintaining the property, shall be apportioned by the board of county commissioners to parties in interest as defined in section 63-201, Idaho Code, and then to the owner(s) of record of such property at the time the tax deed was issued on the property.
(c) Once such tax deeded property has been sold, the board of county commissioners shall within thirty (30) days notify all parties in interest of such sale and the amount of the excess proceeds. Such parties in interest shall respond to the board of county commissioners, within sixty (60) days of receiving such notice, making claim on the proceeds. No responses postmarked or received after the sixtieth day shall be accepted. Within sixty (60) days of the date a claim on the proceeds is due, the board of county commissioners shall make payment to parties in interest in priority of the liens pursuant to law or shall transfer the funds to the state treasurer as set forth in paragraph (d) of this subsection. All funds available after payment to parties in interest shall be returned to the owner(s) of record of the property at the time the tax deed was issued. All costs associated with the compliance of this section shall be deducted from any amounts refunded to the parties in interest or owner(s) of record or transferred to the state treasurer.
(d) With the consent of the state treasurer, the board of county commissioners may transfer funds to be paid to parties in interest or the owner(s) of records pursuant to paragraph (c) of this subsection to the state treasurer. Upon transfer, the board of county commissioners shall immediately notify by first-class mail all parties that submitted a claim on the proceeds and the owner(s) of record of the transfer. The board of county commissioners shall provide such information to the state treasurer concerning the claims and the proceeds as the state treasurer shall reasonably request. The state treasurer shall keep and distribute the proceeds in accordance with chapter 5, title 14, Idaho Code.
(3) Any property sold may be carried on a recorded contract with the county for a term not to exceed ten (10) years and at an interest rate not to exceed the rate of interest specified in section 28-22-104(1), Idaho Code. The board of county commissioners shall have the authority to cancel any contract if the purchaser fails to comply with any of the terms of the contract and the county shall retain all payments made on the contract. The title to all property sold on contract shall be retained in the name of the county until full payment has been made by the purchaser. However, the purchaser shall be responsible for payment of all property taxes during the period of the contract.
(4) Any sale of property by the county shall vest in the purchaser all of the right, title and interest of the county in the property, including all delinquent taxes that have become a lien on the property since the date of issue of the tax deed, if any, but excluding easements, highways, and rights-of-way owned by the county, unless expressly conveyed.
(5) In addition to the purchase price, a purchaser of county property, including property acquired by tax deed, shall pay all fees required by law for the transfer of property. No deed for any real estate purchased pursuant to the provisions of this section shall be delivered to a purchaser until such deed has been recorded in the county making the sale.
(6) Should the county be unable to sell at a public auction any real or personal property belonging to the county, including property acquired by tax deed, it may sell the property without further notice by public or private sale upon such terms and conditions as the county deems necessary. Distribution of the proceeds of sale shall be as set forth in subsection (2) of this section.
(7) The board of county commissioners may at its discretion, when in the county’s best interest, exchange and do all things necessary to exchange any of the real property now or hereafter held and owned by the county for real property of equal value, public or private, to consolidate county real property or aid the county in the control and management or use of county real property.
(8) The board of county commissioners may, by resolution, declare certain parcels of real property as odd-lot property, all or portions of which are not needed for public purposes and are excess to the needs of the county. For purposes of this subsection, odd-lot property is defined as that property that has an irregular shape or is a remnant and has value primarily to an adjoining property owner. Odd-lot property may be sold to an adjacent property owner for fair market value that is estimated by a land appraiser licensed to appraise property in the state of Idaho. If, after thirty (30) days’ written notice, an adjoining property owner or owners do not desire to purchase the odd-lot property, the board of county commissioners may sell the property to any other interested party for not less than the appraised value. When a sale of odd-lot property is agreed to, a public advertisement of the pending sale shall be published in one (1) edition of the newspaper as defined in subsection (1) of this section, and the public shall have fifteen (15) days to object to the sale in writing. The board of county commissioners shall make the final determination regarding the sale of odd-lot property in an open meeting.
(9) In addition to any other powers granted by law, the board of county commissioners may at their discretion, grant to or exchange with the federal government, the state of Idaho, any political subdivision or taxing district of the state of Idaho or any local historical society which is incorporated as an Idaho nonprofit corporation which operates primarily in the county or maintains a museum in the county, with or without compensation, any real or personal property or any interest in such property owned by the county, excluding such property acquired by tax deed on or after July 1, 2024, after adoption of a resolution by the board of county commissioners that the grant or exchange of property is in the public interest. Notice of such grant or exchange shall be as provided in subsection (1) of this section and the decision may be made at any regularly or specially scheduled meeting of the board of county commissioners. The execution and delivery by the county of the deed conveying an interest in the property shall operate to discharge and cancel all levies, liens and taxes made or created for the benefit of the state, county or any other political subdivision or taxing district and to cancel all titles or claims of title including claims of redemption to such real property asserted or existing at the time of such conveyance. However, if the property conveyed is subject to a lien for one (1) or more unsatisfied special assessments, the lien shall continue until all special assessments have been paid in full. At no time shall a lien for a special assessment be extinguished prior to such special assessment having been paid in full. Any property conveyed to any local historical society by the county shall revert to the county when the property is no longer utilized for the purposes for which it was conveyed.
(10) When the county has title to mineral rights severed from the property to which they attach, and the mineral rights have value of less than twenty-five dollars ($25.00) per acre, the board of county commissioners may act to return the mineral rights to the land from which they were severed in the following manner: the proposed action must appear on the agenda of a regular meeting of the board of county commissioners; and the motion to make the return must be adopted unanimously by the board voting in open meeting.
[31-808, added 1999, ch. 215, sec. 3, p. 573; am. 2001, ch. 333, sec. 1, p. 1174; am. 2003, ch. 58, sec. 1, p. 202; am. 2003, ch. 68, sec. 1, p. 227; am. 2004, ch. 318, sec. 4, p. 895; am. 2008, ch. 397, sec. 1, p. 1084; am. 2016, ch. 211, sec. 1, p. 594; am. 2016, ch. 273, sec. 2, p. 751; am. 2024, ch. 22, sec. 1, p. 173.]
To examine and audit the accounts of all officers having the care, management, collection or disbursement of moneys belonging to the county, or appropriated by law, or otherwise, for its use and benefit.
[(31-809) R.S., sec. 1759; R.C., sec. 1917i, as added by 1913, ch. 143, sec. 2, p. 507; reen. C.L., sec. 1917i; C.S., sec. 3424; I.C.A., sec. 30-715.]
There is hereby created the county election fund which shall be established in each county by resolution adopted at a public meeting of the board of county commissioners. Funds received from the state or political subdivisions for conducting elections shall be deposited into this fund. Funds also budgeted by the county to conduct the primary and general elections may be deposited or transferred into the county election fund. Funds deposited in the county election fund may be accumulated from year to year or expended on a regular basis and shall be used to pay for all costs in conducting political subdivision elections.
[31-809A, added 2009, ch. 341, sec. 16, p. 1003.]
To examine, settle and allow all accounts legally chargeable against the county, and order warrants to be drawn on the county treasurer therefor, and provide for the issuing of the same.
[(31-810) R.S., sec. 1759; R.C., sec. 1917j, as added by 1913, ch. 143, sec. 2, p. 507; reen. C.L., sec. 1917j; C.S., sec. 3425; I.C.A., sec. 30-716.]
To levy such tax annually on the taxable property of the county as may be necessary not exceeding the amount authorized by law; and to levy such taxes as are required to be levied by special or local statutes.
[(31-811) R.S., sec. 1759; R.C., sec. 1917k, as added by 1913, ch. 143, sec. 2, p. 507; reen. C.L., sec. 1917k; C.S., sec. 3426; I.C.A., sec. 30-717; am. 1989, ch. 73, sec. 7, p. 122.]
To equalize the assessments as provided by title 63, Idaho Code.
[(31-812) R.S., sec. 1759; R.C., sec. 1917l, as added by 1913, ch. 143, sec. 2, p. 507; reen. C.L., sec. 1917l; C.S., sec. 3427; I.C.A., sec. 30-718; am. 1989, ch. 73, sec. 8, p. 122.]
To direct and control the prosecution and defense of all suits to which the county is a party in interest, and employ counsel to conduct the same, with or without the prosecuting attorney, as they may direct.
[(31-813) R.S., sec. 1759; R.C., sec. 1917m, as added by 1913, ch. 143, sec. 2, p. 508; compiled and reen. C.L., sec. 1917m; C.S., sec. 3428; I.C.A., sec. 30-719.]
Where in the discretion of the commissioners it is desirable, they are hereby authorized to make contracts of insurance with any insurance company authorized to transact business within the state providing for insurance against loss by fire, and against any and all hazards on any or all property belonging to the county, including insurance to cover liability for damages to property and for bodily injury arising as a result of the ownership, operation or use of county vehicles. In consideration of the premium at which any such policy shall be written, it shall be a part of the policy contract between the county and the insurance company that the insurance company shall not be entitled to the defense of governmental immunity of the insured. Immunity of the county, against liability damages, is hereby waived to the extent of the liability insurance carried by the county on such vehicles. Nothing herein contained shall be construed to require the making of such contracts of insurance by the commissioners on behalf of the county; provided that the board may create or participate in a self-insured risk program.
[(31-814) R.S., sec. 1759; R.C., sec. 1917n, as added by 1913, ch. 143, sec. 2, p. 508; reen. C.L., sec. 1917n; C.S., sec. 3429; I.C.A., sec. 30-720; am. 1951, ch. 242, sec. 1, p. 507; am. 1989, ch. 145, sec. 1, p. 352; am. 2006, ch. 21, sec. 1, p. 79.]
The board shall grant licenses and franchises, as provided by law, for construction of, keeping and taking tolls on roads, bridges and ferries, and fix the tolls and licenses; provided that the board need not grant licenses and franchises, as provided by law, for construction of, keeping and taking tolls on roads, bridges and ferries, and fix the tolls and licenses for those areas encompassed within the boundaries of a highway district formed pursuant to title 40, Idaho Code.
[(31-815) R.S., sec. 1759; R.C., sec. 1917o, as added by 1913, ch. 143, sec. 2, p. 508; compiled and reen. C.L., sec. 1917o; C.S., sec. 3430; I.C.A., sec. 30-721; am. 1989, ch. 74, sec. 5, p. 129.]
Whenever an application is made to the board for an order, franchise or license, relating to any toll road, bridge, ferry, or other subject over which the board has jurisdiction, in which a majority of the board are not disinterested, the application, by order of the board, must be transferred to the district court of the county; the clerk of the board must thereupon certify the application and all orders and papers relating thereto to the court to which the transfer is ordered; and thereafter the court to which the same is certified has full jurisdiction to hear and determine the application.
[31-815A, added 1995, ch. 61, sec. 3, p. 136.]
To fix the compensation of all county officers and employees, and provide for the payment of the same.
[(31-816) R.S., sec. 1759; R.C., sec. 1917p, as added by 1913, ch. 143, sec. 2, p. 508; reen. C.L., sec. 1917p; C.S., sec. 3431; I.C.A., sec. 30-722; am. 1989, ch. 73, sec. 9, p. 122.]
To fill by appointment all vacancies that may occur in county offices, except in members of the county board.
[(31-817) R.S., sec. 1759; R.C., sec. 1917q, as added by 1913, ch. 143, sec. 2, p. 508; reen. C.L., sec. 1917q; C.S., sec. 3432; I.C.A., sec. 30-723; am. 1989, ch. 73, sec. 10, p. 122.]
(1) The board of county commissioners shall be empowered to employ assistants, including administrative assistants, and clerical staff to aid them in fulfilling their duties.
(2) The board may appoint a member of the board of county commissioners to act as administrator. A county commissioner appointed as administrator under this subsection shall have and exercise only those administrative powers and duties as may be and are assigned by the board of county commissioners by ordinance or resolution. The provisions of chapters 50 through 57, title 31, Idaho Code, shall not apply to the appointment of a county commissioner as administrator under this subsection.
[(31-818) R.S., sec. 1759; R.C., sec. 1917r, as added by 1913, ch. 143, sec. 2, p. 508; reen. C.L., sec. 1917r; C.S., sec. 3433; I.C.A., sec. 30-724; am. 1989, ch. 73, sec. 11, p. 123; am. 1996, ch. 283, sec. 10, p. 948.]
To cause to be published monthly such statement as will clearly give notice to the public of all its acts and proceedings, and, shall include a brief financial summary indicating the total amount spent from each county fund during the month. A more detailed report of expenditures may be published if deemed necessary by the board. Annually, a full financial report shall be prepared and available for public inspection which shows for each fund the sources of income, expenditures during the year, current fund balances, and other financial information as determined by the board. Within thirty (30) days of the annual audit’s preparation as provided in section 31-1701, Idaho Code, the board shall cause to be published a summary of the balance sheet and a summary of the statement of revenues and expenditures. Such statements as well as all other public notices of proceedings of, or to be had before the board, not otherwise specially provided for, must be published in accordance with the requirements of chapter 1, title 60, Idaho Code.
[(31-819) R.S., sec. 1759; R.C., sec. 1917s, as added by 1913, ch. 143, sec. 2, p. 508; reen. C.L., sec. 1917s; C.S., sec. 3434; I.C.A., sec. 30-725; am. 1935, ch. 76, sec. 1, p. 131; am. 1951, ch. 294, sec. 1, p. 651; am. 1979, ch. 90, sec. 1, p. 217; am. 1989, ch. 73, sec. 12, p. 123; am. 1990, ch. 347, sec. 1, p. 937; am. 2008, ch. 37, sec. 1, p. 89.]
To make and enforce such rules and regulations for the government of their body, the preservation of order and the transaction of business as may be necessary.
[(31-820) R.S., sec. 1759; R.C., sec. 1917t, as added by 1913, ch. 143, sec. 2, p. 508; reen. C.L., sec. 1917t; C.S., sec. 3435; I.C.A., sec. 30-726.]
To adopt a seal for their board.
[(31-821) R.S., sec. 1759; R.C., sec. 1917u, as added by 1913, ch. 143, sec. 2, p. 508; reen. C.L., sec. 1917u; C.S., sec. 3436; I.C.A., sec. 30-727.]
To contract to purchase a site, grounds or parks on which to hold public fairs or exhibitions, to care for and maintain the same, regulate the use thereof and, in their discretion, to let, demise or lease the same to the state of Idaho or the department of agriculture for such public fair or exhibition purposes upon such terms and conditions and for such consideration as in their judgment shall best promote the holding of such public fairs or exhibitions. To make a special levy of one hundredths per cent (.01%) of market value for assessment purposes of taxable property within the county for the purpose of purchasing a site, grounds or park on which to hold public fairs or exhibitions and to erect upon said site, grounds or park suitable buildings and provide for the maintenance of said buildings. The funds raised by this levy may be allowed to accumulate until enough funds are available to make the desired purchase. On no account shall the funds raised by this levy and for the purpose of purchasing a site for county fairs or exhibitions, or for building upon and improving the same, be used for any other purpose. The board of county commissioners of any county, owning any grounds or parks with or without buildings and improvements thereon, held and maintained for public fairs or exhibitions may, upon such county becoming a member of or a part of a fair district, in their discretion and upon such terms and conditions as to them may be deemed advisable, offer to sell, and sell and transfer and convey by proper conveyance, to such fair district, the grounds or parks owned by such county and used for public fairs or exhibitions, provided, nevertheless, that any conveyance so made shall expressly provide that the grounds or parks shall be used for district fair purposes, and that upon failure of the district to use the said grounds or parks for a district fair for two (2) successive years, the said property so conveyed, shall revert back to the county making the conveyance.
[(31-822) R.C., sec. 1917w, as added by 1915, ch. 22, p. 74; am. 1917, ch. 149, p. 471; reen. C.L., sec. 1917v; C.S., sec. 3437; am. 1927, ch. 71, sec. 1, p. 89; I.C.A., sec. 30-728; am. 1949, ch. 265, sec. 1, p. 534; am. 1989, ch. 73, sec. 13, p. 123.]
To levy a tax of not to exceed two hundredths per cent (.02%) of market value for assessment purposes on all the taxable property within their respective counties, for the purpose of creating a fund to be used for collecting, preparing and maintaining an exhibition of the products and industries of the county at any domestic or foreign exposition, for the purpose of encouraging immigration and increasing trade in the products of the state of Idaho, and for the same purposes, in the discretion of the commissioners to pay premiums or prizes for, and any costs or expenses of collecting, preparing, maintaining, exhibiting and advertising of like exhibitions, exhibited by others than the county at any such domestic or foreign exposition.
[(31-823) 1911, ch. 95, p. 340; reen. C.L., sec. 1917w; C.S., sec. 3438; am. 1927, ch. 19, sec. 1, p. 24; I.C.A., sec. 30-729; am. 1989, ch. 73, sec. 14, p. 124.]
To employ inmates of the county jail upon public road work or other county work in the county under such regulations as the board of county commissioners and the sheriff may prescribe.
[(31-824) R.C., sec. 1917x, as added by 1915, ch. 77, sec. 1, p. 189; compiled and reen. C.L., sec. 1917x; C.S., sec. 3439; I.C.A., sec. 30-730; am. 1989, ch. 73, sec. 15, p. 124.]
To contract to purchase and to purchase and provide for care by clerk of district court of such law books and pamphlets as said commissioners may judge from time to time necessary for use of the district court and the county officials and bar of the county, and to provide for the care of all such books and pamphlets as may be donated or loaned to the county from time to time.
[(31-825) R.C., sec. 1917x, as added by 1917, ch. 135, sec. 1, p. 445; reen. C.L., sec. 1917y; C.S., sec. 3440; I.C.A., sec. 30-731.]
To appropriate funds for demonstration work in agriculture and home economics within said counties for the employment of a county agent or county agents in cooperation with the University of Idaho and the United States department of agriculture, in accordance with the terms and conditions of the act of congress approved May 8, 1914, 38 Stat. L. 372, ch. 79, commonly known as the Smith-Lever Act, the provisions of which have been accepted by the state of Idaho.
[(31-826) 1917, ch. 157, sec. 1, p. 483; compiled and reen. C.L., sec. 1917z; C.S., sec. 3441; I.C.A., sec. 30-732.]
To do and perform all other acts and things required by law not in this title enumerated, or which may be necessary to the full discharge of the duties of the chief executive authority of the county government.
[(31-828) R.S., sec. 1759; R.C., sec. 1917v, as added by 1913, ch. 143, sec. 2, p. 508; reen. C.L., sec. 1918a; C.S., sec. 3443; I.C.A., sec. 30-734.]
Whenever any elective county officer has under his jurisdiction or control any personal property belonging to the county which, in his judgment, is of no further use to the county, he may, with the consent of the board of county commissioners, in the name of the county, sell such personal property. Whenever any such official has any personal property belonging to the county under his jurisdiction or control which, in his judgment is obsolete, worn or damaged so as to require replacement and is of greater value on a trade in or exchange for replacements than upon the sale as above permitted he may, incident to purchase of such replacements and with the consent of the board of county commissioners, trade in or exchange such personal property and apply its trade in or exchange value on the purchase price of replacements. If the purchase of such replacements requires calling for bids, the call shall include bids with proposed allowances for such obsolete, worn or damaged property. All cash received from the sale of personal property must be turned in to the county treasury.
[(31-829) I.C.A., sec. 30-708A, as added by 1939, ch. 76, sec. 1, p. 130; am. 1989, ch. 73, sec. 17, p. 125.]
(1) A county sheriff who retires during or upon the completion of his term of office under the provisions of the public employee retirement system of Idaho or the county’s retirement system, whether under disability retirement or otherwise, may, with the consent of the board of county commissioners, be awarded his handgun and sheriff’s badge along with the identification card issued by the county sheriff’s office. The identification card shall have "RETIRED" printed on it, shall have no fixed expiration date and shall be signed by the county sheriff.
(2) Upon recommendation of the county sheriff and with the consent of the board of county commissioners, a deputy county sheriff holding police officer member status under the public employee retirement system of Idaho pursuant to section 59-1303(3)(b)(ii), Idaho Code, or if the county by which he is employed does not participate in the system, who would qualify for such status under the provisions of that section if the county were a participant in the system, may, upon his retirement, be awarded his handgun and sheriff’s badge along with the identification card issued by the county sheriff’s office. The identification card shall have "RETIRED" printed on it, shall have no fixed expiration date and shall be signed by the county sheriff. The award shall be available to any deputy county sheriff, as described in this section, who leaves his employment with the county sheriff’s office to retire under the provisions of the public employee retirement system of Idaho or the county’s retirement system, whether under disability retirement or otherwise.
[31-830, added 1991, ch. 19, sec. 1, p. 42; am. 2018, ch. 93, sec. 1, p. 199.]
As used in sections 31-831 through 31-834, Idaho Code:
(1) "Catastrophic public nuisance" means a condition on federal land where natural resources and biota have been managed or neglected to such an extent as to cause:
(a) The threat of a catastrophic wildfire demonstrated by stand density, basal area or ground fuel load greater than one hundred fifty percent (150%) of land health standards or an insect or disease infestation severe enough to threaten the mortality of at least twenty percent (20%) of the trees in the forestation area; or
(b) A condition in the area that threatens the quality or quantity of the public water supply of a county, the health, safety or welfare of the citizens of a county, the air quality of a nonattainment area, or the vegetative resources required to support land health and authorized livestock grazing.
(2) "Chief executive officer" means for a county, the chair of the county commission, if the county is operating under the county commission or expanded county commission form of government; the county executive officer, if the county is operating under the county-executive form of government; or the county manager, if the county is operating under the council-manager form of government.
(3) "County sheriff" means an individual elected to the office of county sheriff and who fulfills the duties described in section 31-2202, Idaho Code.
(4) "Federal agency" means the United States bureau of land management, the United States forest service, the United States fish and wildlife service or the national park service.
(5) "Federally managed land" means land that is managed by a federal agency.
[31-831, added 2016, ch. 366, sec. 1, p. 1075.]
(1) The chief executive officer of a county or the county sheriff may determine that a catastrophic public nuisance exists on land within the borders of the county.
(2) In evaluating whether a catastrophic public nuisance exists, the chief executive officer of a county or a county sheriff may consider: tree density and overall health of a forested area, including the fire regime condition class; insect and disease infestation, including insect and disease hazard ratings; fuel loads; forest or range type; slope and other natural characteristics of an area; watershed protection criteria; weather and climate; and any other factor that the chief executive officer of a county or a county sheriff considers to be relevant under the circumstances.
(3) The chief executive officer of a county or a county sheriff shall after consultation with the attorney general:
(a) Serve notice of the determination described in subsection (1) of this section, by hand or certified mail, on the federal agency that managed the land upon which the catastrophic nuisance exists; and
(b) Provide a copy of the determination that is served under paragraph (a) of this subsection to the governor, the attorney general, and the state’s congressional delegation.
(4) The notice described in subsection (3)(a) of this section shall include: a detailed explanation for determination that a catastrophic public nuisance exists on the land in question; a demand that the federal agency formulate a plan to abate the catastrophic nuisance; and a specific date, no less than thirty (30) days after the day on which the notice is received, by which time the federal agency that managed the land shall abate the public nuisance or produce a plan for mitigating the catastrophic public nuisance that is acceptable to the county or other county.
(5) The chief executive officer of a county or a county sheriff may enter into a plan with the relevant federal agency to abate the catastrophic public nuisance.
(6) If, after receiving the notice described in subsections (3)(a) and (4) of this section, the federal agency does not respond by the date requested in the notice or otherwise indicates that the federal agency is unwilling to take action to abate the catastrophic public nuisance, the chief executive officer of a county or a county sheriff shall consult with the county prosecuting attorney and attorney general.
[31-832, added 2016, ch. 366, sec. 1, p. 1076.]
(1) If a chief executive officer of a county or a county sheriff determines that a public nuisance exists on federally managed land, and the chief executive officer of a county or the county sheriff also finds that the catastrophic public nuisance in question adversely affects, or constitutes a threat to, the public health, safety, and welfare of the people of the county, the chief executive officer of the county or the county sheriff may, after consulting with the attorney general, pursue all remedies allowed by law.
(2) In seeking an emergency abatement of a catastrophic public nuisance, a chief executive officer of a county or a county sheriff shall attempt, as much as possible, to coordinate with federal agencies and seek the advice of professionals, including private sector professionals, with expertise in abating a catastrophic public nuisance.
[31-833, added 2016, ch. 366, sec. 1, p. 1077.]
Nothing in this act shall limit the authority of the state to manage and protect wildlife under title 36, Idaho Code, or the power of a county.
[31-834, added 2016, ch. 366, sec. 1, p. 1077.]
Except as otherwise provided by law, the board of county commissioners may lease any property belonging to the county:
(1) Without public auction for a term not exceeding five (5) years at such rental as may be determined upon by the unanimous vote of such board, or at public auction to the highest bidder for a term not exceeding thirty (30) years. Rents shall be paid annually in advance provided, however, that the provision requiring the payment of rent in advance shall not apply to a lease to the federal or state government, a municipal corporation of this state, or any governmental agency or department.
(2) Any hospital or hospital grounds or portions thereof to be used in conjunction with hospital operations or hospital equipment belonging to the county may be leased by the board without public auction for a term not exceeding thirty-five (35) years; or any property suitable for a shelter intended to house victims of sexual or domestic violence which property belonging to the county may be leased by the board without public auction to any nonprofit corporation or association organized for the purpose of erecting and maintaining a shelter to house victims of sexual or domestic violence for a term not exceeding twenty (20) years; and, provided further, that the county, either as lessor or lessee, may enter into any lease or other transaction concerning any property with the Idaho health facilities authority for any term not to exceed ninety-nine (99) years.
(3) Any property belonging to the county may be leased by the board without public auction for a term not to exceed thirty (30) years, to be used for an industrial park in conjunction with economic development purposes. An industrial park for purposes of this section means facilities for manufacturing, processing, production, assembly warehousing or activities associated therewith.
(4) Without public auction the board of county commissioners may lease any property belonging to the county and not necessary for its use to the state of Idaho or any political subdivision thereof for any public purpose, to any nonprofit corporation or association organized for the purpose of erecting and maintaining thereon any play field, recreation park or stadium to serve as a memorial to the living or deceased soldiers, sailors and marines of an armed conflict entered into by the United States, or to any hospital district organized under chapter 13, title 39, Idaho Code, for use in furthering the purposes of said district or to any nonprofit corporation or association organized for the purpose of erecting and maintaining an animal shelter. Such lease may be for any term not to exceed ninety-nine (99) years, may provide for only a nominal rental to the county and shall, by its provisions, terminate when the property so leased ceases to be used for any public purpose, as an animal shelter, as a play field, recreation park or stadium serving as a memorial, or by the hospital district for its purposes. Nothing in this subsection shall prohibit the naming or title sponsorship of any play field, recreation park or stadium erected and maintained as a memorial as provided in this subsection as long as the play field, recreation park or stadium continues to serve as such memorial.
[(31-836) C.S., sec. 3423a, as added by 1927, ch. 159, sec. 2, p. 212; I.C.A., sec. 30-714; am. 1933, ch. 200, sec. 1, p. 393; am. 1937, ch. 123, sec. 1, p. 184; am. 1939, ch. 26, sec. 1, p. 56; am. 1947, ch. 190, sec. 1, p. 459; am. 1959, ch. 49, sec. 1, p. 104; am. 1961, ch. 103, sec. 1, p. 152; am. 1967, ch. 24, sec. 1, p. 41; am. 1977, ch. 60, sec. 2, p. 116; am. 1988, ch. 310, sec. 1, p. 966; am. 1989, ch. 115, sec. 1, p. 260; am. 1994, ch. 158, sec. 1, p. 358; am. 1995, ch. 156, sec. 1, p. 634; am. 2000, ch. 128, sec. 1, p. 303; am. 2014, ch. 117, sec. 1, p. 333.]
The board of county commissioners of the several counties within the state of Idaho are hereby authorized and empowered to provide funds for demonstration work in agriculture and home economics within said counties and for the employment of extension agents in agriculture and home economics in cooperation with the University of Idaho and the United States department of agriculture.
[(31-839) 1919, ch. 41, sec. 1, p. 139; C.S., sec. 3446; I.C.A., sec. 30-737.]
The salary and expenses of such extension agents shall be fixed by the director of the University of Idaho extension division acting in cooperation with the board of county commissioners. The commissioners of said counties are hereby authorized and empowered to make provision for the payment of such salary and expenses out of the general tax fund of the county, or out of the county fair fund, or out of other available funds not otherwise appropriated.
[(31-840) 1919, ch. 41, sec. 2, p. 139; C.S., sec. 3447; am. 1929, ch. 80, sec. 1, p. 131; I.C.A., sec. 30-738.]
The board may issue subpoenas to compel the attendance of any person and the production of any books, papers or other items relating to the affairs of the county, for the purpose of examination upon any matter within their jurisdiction.
[(31-844) R.S., sec. 1768; reen. R.C. & C.L., sec. 1919; C.S., sec. 3451; I.C.A., sec. 30-742; am. 1989, ch. 73, sec. 21, p. 126.]
A witness is bound to attend, when served, and to answer all questions which he would be bound to answer in the same case before a court of justice. Obedience to the subpoena, or to an order to attend, or to testify, may be enforced by the board, and for that purpose the board has all the powers conferred by, and the witness is subject to all the provisions of, the Code of Civil Procedure.
[(31-845) R.S., sec. 1769; reen. R.C. & C.L., sec. 1920; C.S., sec. 3452; I.C.A., sec. 30-743.]
Neither the officers serving subpoenas nor the witnesses subpoenaed to testify in relation to matters of public concern before the board of county commissioners are entitled to have their fees prepaid, but officers must serve the subpoenas and witnesses must attend without their fees being prepaid. The board may allow them reasonable compensation for services and attendance.
[(31-846) R.S., sec. 1770; reen. R.C. & C.L., sec. 1921; C.S., sec. 3453; I.C.A., sec. 30-744.]
The board of commissioners may grant to any county officer of their respective counties leave of absence from their county and the state, for a period not exceeding ninety (90) days, during which time the absence of such officer does not work forfeiture of his office; provided, that before the granting of such leave of absence, the officer (except county commissioners) must appoint a deputy to perform the duties of his office, as by statute in such cases made and provided, and must present to, and file with, the board of commissioners of his county the written consent of each person liable on his official bond, that such leave of absence be granted; be it further provided, that no leave of absence shall be granted to more than any one (1) county commissioner at the same time; providing, however, that where any elective or appointive county officer is required to absent himself by reason of being a member of the armed forces of the nation or by reason of official call to service in civilian war work, such period of absence shall not exceed the date of the next succeeding general election, such absence shall not work forfeiture of the office of such officer, and such absence shall suspend the salary of such officer during such period, except that the board may adopt a policy by which such officer may, for periods of absence not to exceed four (4) weeks per year, receive his or her regular salary reduced by an amount equal to any monetary compensation received for the performance of such military or civilian war work. For purposes of this section, appointive county officers do not include deputies appointed pursuant to section 31-2003, Idaho Code.
[(31-847) 1872, p. 27, sec. 1; R.S., sec. 1785; am. 1888-1889, p. 63; reen. R.C. & C.L., sec. 1922; C.S., sec. 3454; I.C.A., sec. 30-745; am. 1935, ch. 9, sec. 1, p. 23; am. 1943, ch. 66, sec. 1, p. 136; am. 1949, ch. 61, sec. 1, p. 104; am. 1970, ch. 120, sec. 2, p. 284; am. 1989, ch. 73, sec. 22, p. 126; am. 1995, ch. 114, sec. 1, p. 384.]
Any commissioner who neglects or refuses, without just cause therefor, to perform any duty imposed on him, or who willfully violates any law provided for his government as such officer, or fraudulently or corruptly performs any duty imposed on him, or willfully, fraudulently or corruptly attempts to perform an act, as commissioner, unauthorized by law, shall be guilty of a misdemeanor.
[(31-855) R.S., sec. 1791; am. and reen. R.C. & C.L., sec. 1930; C.S., sec. 3462; I.C.A., sec. 30-753; am. 1989, ch. 73, sec. 24, p. 126; am. 2011, ch. 151, sec. 12, p. 424.]
The county commissioners may cooperate in any plan providing for the furnishing of housing, lands, labor and material and other assistance in the program sponsored by the United States of America pertaining to migratory labor by making agreements with the United States of America through the United States Department of Agriculture, its cooperating agencies, or any other agency of the United States of America, with reference to providing facilities, labor, materials or funds to carry forward said program.
[31-856, added 1947, ch. 144, sec. 1, p. 348.]
Whenever any school district, road district, herd district, or other district has heretofore been, or shall hereafter be, declared to be created, established, disestablished, dissolved, or modified, by an order of the board of county commissioners in any county of the state of Idaho, a legal prima facie presumption is hereby declared to exist, after a lapse of two (2) years from the date of such order, that all proceedings and jurisdictional steps preceding the making of such order have been properly and regularly taken so as to warrant said board in making said order, and the burden of proof shall rest upon the party who shall deny, dispute, or question the validity of said order to show that any of such preceding proceedings or jurisdictional steps were not properly or regularly taken; and such prima facie presumption shall be a rule of evidence in all courts in the state of Idaho. No challenge to the proceedings or jurisdictional steps preceding such an order, shall be heard or considered after seven (7) years has lapsed from the date of the order.
[31-857, added 1935, ch. 79, sec. 1, p. 133; am. 1989, ch. 73, sec. 25, p. 126; am. 2009, ch. 43, sec. 1, p. 124.]
The board of county commissioners is hereby authorized to levy a special tax not to exceed four hundredths per cent (.04%) of market value for assessment purposes of all taxable property in the county, above the statutory limitation, to be expended solely and exclusively for preventive health services by county or district boards of health.
[31-862, added 1949, ch. 208, sec. 1, p. 443; am. 1967, ch. 219, sec. 1, p. 665; am. 1970, ch. 49, sec. 1, p. 102; am. 1989, ch. 73, sec. 27, p. 127.]
(1) The board of county commissioners of any county may expend annually such amounts as necessary for the support of county or local historical societies which are incorporated as Idaho nonprofit corporations and which operate primarily within the county, or for the support of museums or of historical restoration projects within the county undertaken or operated by Idaho nonprofit organizations, or for the marking and development of historic sites by Idaho nonprofit corporations. For the purposes of this section, the board of county commissioners of any county is authorized and empowered to levy not more than twelve one-thousandths percent (.012%) on each dollar of market value for assessment purposes of taxable property within the county.
(2) Before money is granted under this section, the directors of such nonprofit corporations shall present to the county commissioners a proposed budget which shall indicate anticipated revenues and expenditures of the nonprofit corporation (including the sums requested from the county), and shall indicate the purposes of the proposed expenditures. The board of county commissioners may require an audit of the accounts and financial records of any such nonprofit corporations receiving county funds.
[31-864, added 1961, ch. 76, sec. 2, p. 103; am. 1969, ch. 240, sec. 1, p. 757; am. 1973, ch. 94, sec. 1, p. 162; am. 1978, ch. 184, sec. l, p. 416; am. 1988, ch. 200, sec. 1, p. 378; am. 1989, ch. 74, sec. 7, p. 130.]
(1) The boards of county commissioners in their respective counties shall have the authority and power to enter into contracts with private nonprofit corporations to promote, maintain, and administer projects and programs that the board of county commissioners considers to be of public benefit, and the purpose of which is to carry on programs concerning the aged.
(2) The board of county commissioners may become the designated grantee and receive funding to sponsor, promote and administer such public activities as they may deem beneficial.
[I.C., sec. 31-866, as added by 1973, ch. 166, sec. 1, p. 318.]
(1) The board of county commissioners of each county in this state may levy annually upon all taxable property of its county, a special tax not to exceed four hundredths per cent (.04%) of market value for assessment purposes for the purpose of providing for the functions of the district court and the magistrate division of the district court within the county. All revenues collected from such special tax shall be paid into the "district court fund," which is hereby created, and the board may appropriate otherwise unappropriated moneys into the district court fund. Moneys in the district court fund may be expended for all court expenditures other than courthouse construction and remodeling.
(2) Balances in the district court fund may be accumulated from year to year sufficient to operate the court functions on a cash basis, but such balances shall not exceed sixty per cent (60%) of the total budget for court functions for the current year.
(3) There is hereby created the county court facilities fund which may be established in each county by resolution adopted at a public meeting of the board of county commissioners. Moneys in the county court facilities fund shall be expended for planning, remodeling and construction of court facilities. The county court facilities fund shall be separate and distinct from the county current expense fund and county expenditures from the county court facilities fund shall be solely dedicated to the purposes set forth in this section. At the discretion of the board of county commissioners, funds deposited in the county court facilities fund may be accumulated from year to year or expended on a regular basis.
[31-867, added 1976, ch. 307, sec. 2, p. 1054; am. 1989, ch. 73, sec. 28, p. 127; am. 1994, ch. 208, sec. 1, p. 656; am. 1997, ch. 52, sec. 1, p. 91.]
The boards of county commissioners in their respective counties shall have the authority and power to enter into contracts with a city or a fire protection district for the provision of fire or life protection services, or both of them, in areas of the county not otherwise receiving fire or life protection.
[31-868, added 1979, ch. 140, sec. 1, p. 437; am. 1985, ch. 178, sec. 1, p. 459.]
The boards of county commissioners of their respective counties are empowered to establish, create, develop, own, maintain and operate or contract for the ownership, operation and maintenance of energy facilities as follows:
(1) Geothermal energy systems for heating for the benefit of the county and the residents of the county.
(2) Electrical generation plants not to exceed twenty-five (25) megawatts in capacity which use as a fuel source landfill gas, wood waste or other biomass fuels. All the electricity produced from the electrical generation facility shall be sold by the county at wholesale.
[(31-869) 31-868, added 1979, ch. 312, sec. 1, p. 844; am. and redesig. 2005, ch. 25, sec. 39, p. 98; am. 2006, ch. 210, sec. 1, p. 639.]
(1) Notwithstanding any other provision of law, a board of county commissioners may impose and collect fees for those services provided by the county that would otherwise be funded by ad valorem tax revenues. The fees collected pursuant to this section shall be reasonably related to, but shall not exceed, the actual cost of the service being rendered. Taxing districts other than counties may impose fees for services as provided in section 63-1311, Idaho Code.
(2) The board of county commissioners may establish and provide for the collection of a solid waste fee in accordance with a request made pursuant to this section, and such fee shall be certified and collected in the same manner provided by law for the collection of real or personal property taxes.
(3) The administrative fee authorized under the provisions of this section and collected for issuance of motor vehicle registrations pursuant to chapter 4, title 49, Idaho Code, shall be the same for any registration issued pursuant to section 49-402B, Idaho Code, and may not be doubled or in any way increased solely because of registration under that section.
(4) The administrative fee authorized under the provisions of this section and collected for issuance of a motor vehicle title pursuant to chapter 5, title 49, Idaho Code, shall be the same for all title transactions.
(5) This section shall not apply to the issuance or renewal of licenses to carry concealed weapons under sections 18-3302, 18-3302H or 18-3302K, Idaho Code.
[31-870, added 1980, ch. 290, sec. 1, p. 759; am. 1988, ch. 201, sec. 2, p. 379; am. 1993, ch. 41, sec. 1, p. 114; am. 1996, ch. 322, sec. 7, p. 1036; am. 1999, ch. 90, sec. 1, p. 292; am. 2015, ch. 303, sec. 7, p. 1198; am. 2023, ch. 23, sec. 1, p. 133.]
(1) County records shall be classified as follows:
(a) "Law enforcement media recording" means a digital record created by a law enforcement agency in the performance of its duties that consists of a recording of visual or audible components or both.
(b) "Permanent records" shall consist of, but not be limited to, the following: proceedings of the governing body, ordinances, resolutions, building plans and specifications for commercial projects and government buildings, bond register, warrant register, budget records, general ledger, cash books and records affecting the title to real property or liens thereon, and other documents or records as may be deemed of permanent nature by the board of county commissioners.
(c) "Semipermanent records" shall consist of, but not be limited to, the following: claims, contracts, canceled checks, warrants, duplicate warrants, license applications, building applications for commercial projects and government buildings, departmental reports, purchase orders, vouchers, duplicate receipts, bonds and coupons, financial records, and other documents or records as may be deemed of semipermanent nature by the board of county commissioners.
(d) "Temporary records" shall consist of, but not be limited to, the following: correspondence not related to subsections (1) and (2) of this section, building applications, plans, and specifications for noncommercial and nongovernment projects after the structure or project receives final inspection and approval, cash receipts subject to audit, and other records as may be deemed temporary by the board of county commissioners.
(e) Those records not included in paragraph (a), (b), (c) or (d) of this subsection shall be classified as permanent, semipermanent or temporary by the board of county commissioners and upon the advice of the office of the prosecuting attorney.
(2) County records shall be retained as follows:
(a) Permanent records shall be retained for not less than ten (10) years.
(b) Semipermanent records shall be kept for not less than five (5) years after date of issuance or completion of the matter contained within the record.
(c) Temporary records shall be retained for not less than two (2) years.
(d) Law enforcement media recordings with evidentiary value shall be retained for not less than two hundred (200) days from the date the recording was made.
(e) Law enforcement media recordings that have no evidentiary value and that are recorded by the law enforcement agency’s equipment that is not affixed to any building or structure’s interior or exterior wall shall be retained for not less than sixty (60) days from the date the recording was made.
(f) Law enforcement media recordings that have no evidentiary value and that are recorded by the law enforcement agency’s equipment that is affixed to any building or structure’s interior or exterior wall shall be retained for not less than fourteen (14) days from the date the recording was made.
(g) Records may be destroyed only by resolution of the board of county commissioners after regular audit and upon the advice of the prosecuting attorney, except that law enforcement media recordings may be destroyed without a resolution. A resolution ordering destruction must list, in detail, records to be destroyed. Such disposition shall be under the direction and supervision of the elected official or department head responsible for such records.
(h) The provisions of this section shall control the classification, retention and destruction of all county records unless otherwise provided in Idaho Code or any applicable federal law.
(3) As used in this section:
(a) "Evidentiary value" means containing information relevant to:
(i) Any use of force by a government agency;
(ii) Any events leading up to and including an arrest or citation for a criminal offense;
(iii) Any events that constitute a criminal offense;
(iv) Any encounter about which a complaint has been filed by a subject, or his representative, of the law enforcement media recording; or
(v) Any encounter about which a valid public records request has been filed by a subject, or his representative, of the law enforcement media recording.
(b) "Law enforcement agency" means a county agency given law enforcement powers or that has authority to investigate, enforce, prosecute or punish violators of state or federal criminal statutes, ordinances or regulations including a county sheriff’s office, a county prosecuting attorney’s office, and misdemeanor and juvenile probation offices. "Law enforcement agency" shall include any private entity contracting with a county to provide the services of a law enforcement agency.
(c) "Valid public records request" means a request as described in section 74-102, Idaho Code.
[31-871, added 1993, ch. 140, sec. 2, p. 372; am. 2000, ch. 54, sec. 1, p. 108; am. 2001, ch. 99, sec. 3, p. 249; am. 2010, ch. 62, sec. 1, p. 111; am. 2011, ch. 285, sec. 1, p. 778; am. 2018, ch. 184, sec. 1, p. 403.]
(1) A county official may reproduce and retain documents in a photographic, digital or other nonpaper medium. The medium in which a document is retained shall accurately reproduce the document in paper form during the period for which the document must be retained and shall preclude unauthorized alteration of the document.
(2) If the medium chosen for retention is photographic, all film used must meet the quality standards of the American national standards institute (ANSI).
(3) If the medium chosen for retention is digital, the medium must provide for reproduction on paper at a resolution of at least two hundred (200) dots per inch.
(4) A document retained by the county in any form or medium permitted under this section shall be deemed an original public record for all purposes. A reproduction or copy of such a document, certified by the county official, shall be deemed to be a transcript or certified copy of the original and shall be admissible before any court or administrative hearing.
(5) Once a paper document is retained in a nonpaper medium as authorized by this section, the original paper document may be disposed of or returned to the sender.
(6) Whenever any record is reproduced by photographic or digital process as herein provided, it shall be made in duplicate, and the custodian thereof shall place one (1) copy in a fire-resistant vault, or off-site storage facility, and he shall retain the other copy in his office with suitable equipment for displaying such record at not less than original size and for making copies of the record.
[31-871A, added 2014, ch. 237, sec. 4, p. 599.]
(1) For the purpose of assisting counties with their medical indigency claims, state participation in the federal medical assistance (medicaid) program under title XIX of the social security act, as amended, shall be expanded to match federal funds for coverage of services as defined by section 56-209d, Idaho Code.
(2) Boards of county commissioners shall safeguard all provided information as provided for in section 1902(a)(7) of the social security act, 42 CFR 431.300 through 431.307 and sections 56-221 and 56-222, Idaho Code.
[I.C., sec. 31-873, as added by 1987, ch. 170, sec. 1, p. 334; repealed 1990, ch. 87, sec. 1, p. 553; reinstated and am. 1991, ch. 233, sec. 2, p. 554.]
All proceedings and records related to medical indigency pursuant to the provisions of chapters 34 and 35, title 31, Idaho Code, shall be subject to disclosure according to chapter 1, title 74, Idaho Code, and shall not be subject to the provisions of chapter 2, title 74, Idaho Code.
[31-874, added 1988, ch. 332, sec. 1, p. 994; am. 1990, ch. 213, sec. 27, p. 505; repealed 1990, ch. 87, sec. 1, p. 178; reinstated 1991, ch. 233, sec. 1, p. 553; am. 2015, ch. 141, sec. 53, p. 419; am. 2025, ch. 82, sec. 92, p. 377.]
(1) As used in this section, "computerized mapping system" or "system" means the digital storage, processing and retrieval of cadastral information derived from local government records and related information such as land use, topography, water, streets and geographic features.
(2) In a county which develops a computerized mapping system, the board of county commissioners may impose and collect fees from the users of this system for the development, maintenance and dissemination of digital forms of the system. These fees shall not exceed the actual costs of development, annual maintenance and dissemination of the computerized mapping system. These fees shall not apply to paper maps produced from the computerized mapping system.
[31-875, added 1993, ch. 201, sec. 1, p. 555.]
(1) The boards of county commissioners in their respective counties shall have the authority to establish, fund and operate public transportation services that the board of county commissioners considers to be of public benefit.
(2) Public transportation services include, without limitation, fixed transit routes; scheduled or unscheduled transit service; paratransit services for the elderly, disabled or other persons dependent on public transportation; shuttle and commuter services between cities, counties, health care facilities, employment centers, educational institutions and park-and-ride locations; subscription van and car-pooling services; and transportation services unique to social service programs.
(3) The board of county commissioners may become the designated grantee and receive funding from other federal, state, local and private sources and use said funds for the sponsorship, promotion and administration of such public transportation services as they may deem beneficial.
[31-876, added 1994, ch. 121, sec. 1, p. 271.]
The boards of county commissioners in their respective counties shall have the authority to provide necessary water and sewer services to any part of the county which does not receive water and sewer services, or any part of the county where a water and sewer or a water or sewer district has been dissolved pursuant to chapter 41, title 63, Idaho Code. For purposes of this section, a board of county commissioners shall have the authority granted to water and sewer districts pursuant to chapter 32, title 42, Idaho Code, and the authority granted to municipalities pursuant to the provisions of title 50, Idaho Code.
[31-877, added 2001, ch. 184, sec. 1, p. 642.]
The board of county commissioners shall provide for misdemeanor probation services to supervise misdemeanor offenders, in those cases where such probation supervision has been ordered by the sentencing court, and perform such functions as prescribed by the administrative district judge in each judicial district. The board of county commissioners shall provide for misdemeanor probation services through employment of staff, contract or any other process that will accomplish the purposes of this section. Counties shall not be obligated to provide misdemeanor probation services beyond the funds generated by the fees collected pursuant to the provisions of section 31-3201D, Idaho Code, and any additional funds that may be annually appropriated by the board of county commissioners.
[31-878, added 2008, ch. 88, sec. 5, p. 246; am. 2011, ch. 128, sec. 1, p. 354.]
The board of county commissioners shall have the authority to adopt by majority vote a resolution waiving the right to a resident magistrate judge to which the county would otherwise be entitled pursuant to section 1-2205, Idaho Code. When a board of county commissioners has adopted such a resolution, and has not subsequently rescinded such resolution, the district magistrates commission for the judicial district in which the county is located is not required to appoint a resident magistrate judge for that county.
[31-879, added 2008, ch. 38, sec. 4, p. 92.]
The board of county commissioners may establish a supervised pretrial release program to perform those functions as prescribed by the administrative district judge in each judicial district. The board of county commissioners may provide for supervised pretrial release services through employment of staff, contract, or any other process that will accomplish the purposes of this section. A board of county commissioners shall not be obligated to establish a supervised pretrial release program. Counties having established a supervised pretrial release program shall not be obligated to provide supervised pretrial release services beyond the funds generated by the fees collected pursuant to the provisions of section 31-3201J, Idaho Code, and any additional funds that may be annually appropriated by the board of county commissioners.
[31-880, added 2019, ch. 217, sec. 1, p. 657.]
No county, incorporated or unincorporated area, special use district, or any other local government entity of any kind may enact or implement any resolution, policy, or ordinance that:
(1) Prohibits, or has the effect of prohibiting, the authorized connection or reconnection of an electric, natural gas, propane, or other energy utility service provided by a public utility, municipality, or cooperative utility;
(2) Restricts, or has the effect of restricting, the source of the electricity, natural gas, propane, or other energy utility service provided by a public utility, municipality, or cooperative utility; or
(3) Requires residents or businesses within the county to use a particular type or generation source of electricity, natural gas, propane, or other fuel.
[31-881, added 2023, ch. 55, sec. 1, p. 207.]
(1) When a board of county commissioners represents a county as a cooperating agency in matters related to the national environmental policy act and in federal land planning, implementation, and management actions, the board of county commissioners shall be deemed to have special expertise on all subject matters for which it has statutory responsibility, including but not limited to those directly or indirectly related to the health, safety, welfare, custom, culture, and socioeconomic viability of a county.
(2) A board of county commissioners that has adopted a comprehensive plan pursuant to section 67-6508, Idaho Code, may participate in efforts to coordinate such plan with federal agencies as provided in:
(a) The multiple-use sustained-yield act of 1960;
(b) The forest and rangeland renewable resources planning act of 1974, as amended by the national forest management act of 1976;
(c) The federal land policy and management act of 1976;
(d) Any federal regulations adopted pursuant to the acts listed in paragraphs (a), (b), and (c) of this subsection; and
(e) Any other federal statutes that provide for coordination with local governments.
[31-882, added 2026, ch. 28, sec. 1, p. 124.]
Whenever, in matters relating to reclamation, drainage and drought relief, the board of county commissioners shall deem it necessary or desirable to cooperate with any department or agency of the government of the United States authorized to make loans to irrigation or drainage districts, or loans on real property or farm crops, or with any agency or corporation created or organized under any act of congress and authorized to make such loans, including the Reconstruction Finance Corporation, the Home Owners’ Loan Corporation, the Federal Housing Administration and the Farm Credit Administration, and any agency or corporation operating under the supervision of said Farm Credit Administration or Federal Housing Administration, in order to make available to the people of any district or community within the county the benefits that may accrue from the loaning of money to or in such district or community by any such agency or agencies, and if, in the judgment of the board, the public interest and common welfare require that any ad valorem tax be canceled or otherwise adjusted in order to effect such cooperation and make available the benefits herein referred to, and if it be found that the cancelation or adjustment of such taxes will not be detrimental to the interest of the county or the tax-levying bodies affected thereby, the board of county commissioners, if the tax be a lien upon real property in such county, shall have power and authority to cancel or otherwise adjust such tax upon the conditions and in the manner and for the purpose herein set forth, if it finds and determines that one (1) or more of the following conditions exist:
(a) The lands upon which the tax is a lien are situated in an irrigation project having a water right so inadequate, uncertain and undependable that the landowners have found it necessary to reorganize and readjust the project by eliminating a substantial acreage therefrom and transferring the water rights appurtenant to the lands eliminated to the remaining lands in order to assure the production of normal crops on the lands retained in the project, and that it is believed that the lands retained in the project, upon the consummation of the readjustment, will be able to pay the taxes thereafter levied against such lands, and that the cancelation or adjustment of the taxes theretofore levied is deemed necessary to accomplish a readjustment of the project and make available to the farmers and landowners thereon the benefits that may be had from any such lending agency or agencies; or
(b) The lands on which such taxes are a lien are located within an irrigation or drainage district or are served by an incorporated water company which is refinancing its outstanding indebtedness, the payment of which is a charge against such lands, on a substantially reduced basis, and that the cancelation or adjustment of such tax is necessary in order to enable such district or company to obtain such reduction and refinancing of its indebtedness, and that by such action the lands will be enhanced in value and become better able to pay the taxes thereafter levied and assessed against such lands and will thereby by qualified to receive the benefits that may be had from any such lending agency or agencies; or
(c) The irrigation or drainage works serving such lands, or dikes protecting the same against overflow, have been damaged or destroyed by flood or other unforeseen casualty, or are in such condition that it is impossible to finance the necessary repair or reconstruction of such works through or with the aid of any such lending agency or agencies, without an adjustment of the unpaid taxes on the lands affected thereby.
[31-901, added 1935 (1st E.S.), ch. 52, sec. 1, p. 137.]
Any one or more owners of land seeking such cancelation or adjustment of taxes, or any irrigation or drainage district or incorporated water company having such lands within its project, may file with the clerk of the board of county commissioners a petition setting forth the facts upon which it is claimed a cancelation or adjustment of the taxes should be made. If the petition sets forth the facts required to be contained therein under section 31-901, the board shall hear the proof submitted in support of said petition and anyone present shall have a right to be heard in opposition thereto. If the board, after considering the evidence offered at such hearing, and at any adjournment thereof, and after making such other investigation as it may deem necessary, finds that the public interest and common welfare require that such taxes be canceled or otherwise adjusted and that such action will not be detrimental to the interests of the county and other tax-levying bodies affected thereby, and that the conditions set forth in subdivisions (a), (b) or (c) of section 31-901 exist, the board shall make and enter an order which shall be recorded in full in the official minutes of the board, setting forth its findings and decision, and its reasons therefor.
[31-902, added 1935, (1st E.S.), ch. 52, sec. 2, p. 137.]
If the board finds, decides and orders that the taxes be canceled or otherwise adjusted, the petitioner, or petitioners, shall, within twenty (20) days thereafter, file with the clerk of the district court of said county a petition praying in effect that the proceedings of the board may be examined, approved and confirmed by the court. The court, or the judge thereof at chambers shall thereupon make an order designating a time for hearing said petition and direct the clerk of the court to publish a notice, at the expense of the petitioner or petitioners, of the filing of said petition. The notice shall state the time and place fixed by the court for hearing the petition and the prayer thereof, and a brief statement of the action taken by the board of county commissioners thereon, and that any person interested in the subject-matter of said petition may, on or before the day fixed for the hearing thereof, demur to or answer said petition. The notice shall be published in a newspaper of general circulation in the county at least once a week for at least two (2) consecutive weeks, and the time fixed for the hearing shall be not less than twenty (20) days from the first publication of such notice. The rules of pleading and practice in civil actions in the district court shall apply to proceedings hereunder insofar as the same are not inconsistent with the provisions of this act.
[31-903, added 1935 (1st E.S.), ch. 52, sec. 3, p. 137.]
Upon the hearing of said petition, the court shall examine the petition filed with the clerk of the board of county commissioners and the proceedings had thereunder, and if any contest be made upon the facts as found by the board, the court may hear evidence thereon for the purpose of determining whether there is an substantial evidence to support the findings and decision of the board. If the court finds that the proceedings of the board were taken and had substantially in accordance with the provisions of this act, and that the board had jurisdiction and authority to make the order, it shall, by its decree, approve and confirm the proceedings of the board; otherwise, it shall vacate and set aside the findings and order as made by the board, or modify or amend the same to conform to the facts as found and determined by the court. Any party aggrieved by the decree or order of the court may appeal therefrom, within thirty (30) days after the entry of such decree or order, to the Supreme Court of the state of Idaho. The provisions of the statutes governing appeals in civil actions shall apply to appeals under this act.
[31-904, added 1935 (1st E.S.), ch. 52, sec. 4, p. 137.]
When an order is made and entered by the court approving, modifying, or disapproving the order of the board of county commissioners canceling or adjusting any taxes heretofore or hereafter levied, a copy of the order or decree of the court certified by the clerk shall be recorded in the minutes of the board, and if the court approves or modifies the order of the board, certified copies of such decree and order of the court shall also be delivered to the county tax collector and the auditor for their information and guidance, and proper entries shall be made on the tax rolls and other records to show the cancelation or adjustment as finally approved by the court.
[31-905, added 1935 (1st E.S.), ch. 52, sec. 5, p. 137.]
This act shall not be construed as authorizing the board of county commissioners or the district court to release or discharge any lands from the lien of taxes levied thereon for state purposes unless the amount due the state has been paid by the county.
[31-906, added 1935 (1st E.S.), ch. 52, sec. 6, p. 137.]
(1) The board of county commissioners must cause to be erected or furnished a courthouse and jail as may be necessary and must, when necessary, provide offices with necessary furniture for the sheriff, clerk of the district court, ex officio auditor and recorder, county treasurer, prosecuting attorney, county assessor, and county surveyor and must draw warrants in payment of the same.
(2) The contract for the erection of any such buildings described in subsection (1) of this section must be awarded, after thirty (30) days’ notice for proposals, to the lowest bidder who will give security for the completion of the contract.
(3) A board of county commissioners may enter into a lease for courthouse premises, rooms, and jail for any period up to five (5) years. The board of county commissioners may enter into such a lease for a period not to exceed thirty (30) years if the question has been approved by a simple majority of the electors voting at an election held pursuant to section 34-106, Idaho Code. The county commissioners may contract with responsible parties for the leasing of a courthouse or jail or a combination of courthouse and jail, to be constructed upon premises owned by the county or otherwise. Said contract shall be awarded subject to the provisions of chapter 28, title 67, Idaho Code. Such a contract also may provide that, at the expiration of the term of the lease and upon full performance of such lease by the county, the said courthouse premises, rooms, and jail, or so much thereof as is leased, may become the property of the county.
(4) The board must also provide all necessary books of record for the county auditor and recorder, county treasurer, county assessor, tax collector, clerk of the district court, and county surveyor; the books and stationery for the use of the board; and so much as is necessary for the use of said county officers in the transaction of official business.
(5) Nothing in this section shall be construed as limiting or otherwise affecting a lease or other transaction between the Idaho health facilities authority and the board of county commissioners as provided in section 31-836, Idaho Code.
[(31-1001) 1874, p. 520, sec. 13; R.S., sec. 1761; am. 1905, p. 228, sec. 1; reen. R.C. & C.L., sec. 1931; C.S., sec. 3463; am. 1925, ch. 85, sec. 1, p. 119; I.C.A., sec. 30-801; am. 1961, ch. 222, sec. 1, p. 358; am. 1963, ch. 106, sec. 1, p. 328; am. 1967, ch. 330, sec. 1, p. 965; am. 1978, ch. 42, sec. 1, p. 75; am. 1980, ch. 181, sec. 1, p. 402; am. 1989, ch. 91, sec. 1, p. 215; am. 2005, ch. 213, sec. 1, p. 637; am. 2022, ch. 319, sec. 1, p. 1034.]
Whenever the interests of any county require it, and the board of commissioners of the county deem it for the public good to purchase a site and erect thereon a courthouse and jail, or either thereof, and furnish the same; and the expense of purchasing such site, or erecting such buildings of suitable size and capacity and furnishing the same would exceed the revenue of one (1) year applicable to that purpose, and the board deems it for the public good to bond the county for the purpose of providing funds therefor, the board of commissioners may, by a resolution adopted at a regular or any special meeting called for that purpose, call an election for such purpose, subject to the provisions of section 34-106, Idaho Code, or submit, at any general election, the question of issuing negotiable coupon bonds to an amount deemed necessary to defray the expenses of purchasing such site and erecting and furnishing such buildings.
[(31-1002) 1905, p. 73, sec. 1; reen. R.C. & C.L., sec. 1932; C.S., sec. 3464; I.C.A., sec. 30-802; am. 1995, ch. 118, sec. 24, p. 451.]
If two-thirds (2/3) of the qualified electors of the county voting at such election vote in favor of the issuance of the bonds, the board of commissioners shall select and purchase, or, if necessary, cause to be condemned, for the use of the county, a suitable site for said buildings, and cause to be prepared plans and specifications for such courthouse and jail, or either thereof as the case may be, and advertise in a weekly newspaper of the county for thirty (30) days calling for sealed proposals or bids for the construction of said buildings. The published notice shall contain a general statement of the character and limited cost of the building or buildings, and state that the plans and specifications thereof may be found and examined in the office of the clerk of the board, and state the day when the sealed proposals will be opened and considered. The sealed proposals must be opened and considered publicly, and the contract let to the lowest responsible bidder, unless all bids are rejected; and if all bids are rejected, the board may advertise for new bids, or let the contract, provided it be for a less sum than that offered by the lowest bidder. The board must require a good and sufficient bond of the contractor conditioned for the faithful performance of the contract according to the plans and specifications. The board shall have full power and authority to do and perform any act in relation to purchasing such site and erecting said buildings, at any special or called meeting when all members of the board are present, or at any regular meeting of the board.
[(31-1003) 1905, p. 73, sec. 3; reen. R.C. & C.L., sec. 1933; C.S., sec. 3465; I.C.A., sec. 30-803.]
The board shall be governed in calling and holding said election, and in the issuance and sale of said bonds, and in providing for the payment of the interest thereon, and for their redemption, by the provisions of sections 31-1901 through 31-1909, Idaho Code.
[(31-1004) 1905, p. 73, sec. 2; am. R.C., sec. 1934; compiled and reen. C.L., sec. 1934; C.S., sec. 3466; I.C.A., sec. 30-804; am. 2022, ch. 111, sec. 15, p. 378.]
Any county and a city, or another county are hereby authorized and empowered to acquire and own a site or sites within the limits of any such city or county and jointly to construct public buildings thereon, to be jointly owned and used by such counties and city; or one (1) of such municipalities may purchase an interest in a site already owned by the other and they may then jointly construct or operate public buildings thereon.
[(31-1005) 1919, ch. 126, sec. 1, p. 412; C.S., sec. 3467; am. 1931, ch. 109, sec. 4, p. 188; I.C.A., sec. 30-805; am. 1990, ch. 123, sec. 2, p. 293.]
The boards of county commissioners of such counties and the city council or other governing body of such city, are hereby authorized and empowered to enter into all necessary contracts or agreements with respect thereto and also all necessary contracts and agreements as between such counties and city for apportioning the expenses of acquiring such site and constructing such buildings for the maintenance, operation and use thereof, and may from time to time, modify or change such agreements as they may deem best.
[(31-1006) 1919, ch. 126, sec. 2, p. 412; C.S., sec. 3468; I.C.A., sec. 30-806; am. 1990, ch. 123, sec. 3, p. 294.]
Counties and cities operating under sections 31-1005 and 31-1006, Idaho Code, are hereby authorized and empowered to incur indebtedness and issue bonds for any of the purposes authorized hereby in the same manner in which they are now or hereafter may be authorized by law to incur indebtedness and issue bonds for similar purposes.
[(31-1007) 1919, ch. 126, sec. 3, p. 412; C.S., sec. 3469; I.C.A., sec. 30-807; am. 2022, ch. 111, sec. 16, p. 378.]
(1) In lieu of the issuance of bonds for the purpose specified in section 31-1002, Idaho Code, the board of county commissioners of any county shall have power, in addition to the power specified in said section 31-1002, Idaho Code, when in their judgment the best interests of the county so required, to create and establish a fund for the purpose specified in said section 31-1002, Idaho Code, and for said purposes are hereby authorized and empowered, by resolution adopted at a regular meeting of said board, or at any special meeting called for that purpose, to levy, in addition to all other taxes now authorized by law, an annual tax of not exceeding six hundredths percent (.06%) of market value for assessment purposes of all taxable property in such county for the current year, to be certified, extended and collected at the same time and in the same manner as taxes for general county purposes, and to be apportioned, when collected, to a special fund to be known as the "County Building Construction Fund," provided, that in the resolution and for the purposes hereinbefore mentioned such board shall call an election, subject to the provisions of section 34-106, Idaho Code, or submit, at any general election, the question of creating such fund to defray the expenses of purchasing such site and erecting and furnishing such buildings, at which election only such electors may vote as are qualified to vote at elections held for the issuance of general obligation bonds, and which election shall in all respects be governed and held in the same manner as is now required by law for the holding of elections to determine the question of the issuance of general obligation bonds. If, at such election two-thirds (2/3) of the qualified voters voting at such election shall have voted to create such funds, then such board of county commissioners may annually levy the taxes for the purposes hereinbefore mentioned. Such fund shall remain intact, subject to investment as hereinafter provided, until the same shall, when augmented by the proceeds of similar levies in succeeding years, be adequate in the judgment of such board to defray the entire cost of purchasing a site and constructing the improvements aforesaid and completely furnishing the same, and no part of such fund shall be expended until complete plans and specifications have been adopted and contracts entered into insuring the completion of such purchase and construction within the limitations of such fund, nor shall the construction of any courthouse or jail be undertaken until such fund is adequate to insure the proper equipment and furnishing thereof.
(2) Notwithstanding the limitations imposed in subsection (1) of this section, the board of county commissioners may create a fund upon a finding by the board that a critical need exists for justice or law enforcement related facilities. The board may deposit any unexpended sums from the county current expense fund or the county justice fund into the county building construction fund or may deposit into the fund all or a part of any non-ad valorem tax revenues not otherwise restricted or dedicated by law. On or before the thirty-first day of March of each odd-numbered year, the board may review the budget for the current fiscal year and adjust the expenditures in the budget to provide for deposits into the fund from revenues not otherwise budgeted or to provide for deposits into the fund from revenues projected to be surplus over budgeted revenues. The adjustments may be made only after a notice is given and a public hearing is held substantially similar to that contained in section 31-1604, Idaho Code. After the creation of the fund, the board may, in strict compliance with section 63-802, Idaho Code, deposit any amount into the fund on an annual basis.
(3) Provided, that no such fund shall be accumulated in excess of two per cent (2%) of the assessed valuation of the property within such county; provided further, that such fund may be used to supplement the proceeds of any bonds issued pursuant to the provisions of sections 31-1002 and 31-1004, Idaho Code, for the purposes aforesaid.
[(31-1008) C.S., sec. 3469A, as added by 1931, ch. 109, sec. 1, p. 188; I.C.A., sec. 30-808; am. 1989, ch. 91, sec. 2, p. 216; am. 1995, ch. 118, sec. 25, p. 451; am. 1995, ch. 369, sec. 1, p. 1285; am. 1996, ch. 322, sec. 8, p. 1036.]
Any funds accumulated as provided in section 31-1007, Idaho Code, may, so far as practicable without jeopardy thereto, be invested by the county treasurer, under the direction of the board of county commissioners; and provided, further, that any portion of such fund not so invested, shall be deposited in accordance with the requirements of the public depository law. All interest earned by such fund shall accrue and be added to the principal thereof and become subject to investment as such.
[(31-1009) C.S., sec. 3469B, as added by 1931, ch. 109, sec. 2, p. 188; I.C.A., sec. 30-809; am. 1989, ch. 91, sec. 3, p. 217.]
The powers granted in sections 31-1008, 31-1009 and this section shall be deemed to be, and hereby are, extended and shall apply to sections 31-1005 to 31-1007, and 31-1101, whenever any county and such cities shall, jointly, at such election, have determined to acquire a site or sites and construct, equip and furnish such public buildings without the issuance of bonds therefor.
[(31-1010) C.S., sec. 3469C, as added by 1931, ch. 109, sec. 3, p. 188; I.C.A., sec. 30-810.]
The protection of property against fire and the preservation of life, and enforcement of any of the fire codes and other rules that are adopted by the state fire marshal pursuant to chapter 2, title 41, Idaho Code, are hereby declared to be a public benefit, use and purpose. Any portion of a county not included in any other fire protection district may be organized into a fire protection district under the provisions of this chapter. All taxable property within any fire protection district created under the provisions of this chapter is and shall be benefited ratably in proportion to assessed valuation by the creation and maintenance of such district, and all taxable property within any such district shall be assessed equally in proportion to its assessed valuation for the purpose of and in accordance with the provisions of this chapter. This chapter shall be known as the "Fire Protection District Law," and whenever cited, enumerated, referred to or amended, may be designated as the "Fire Protection District Law," adding when necessary the code section number.
[31-1401, added 1943, ch. 161, sec. 1, p. 324; am. 1974, ch. 77, sec. 1, p. 1164; am. 1985, ch. 178, sec. 2, p. 460; am. 2006, ch. 318, sec. 1, p. 990.]
(1) Whenever twenty-five (25) or more of the holders of title, or evidence of title, to lands aggregating not less than one thousand (1,000) acres of contiguous territory, or consisting of contiguous territory of less extent but having market value for assessment purposes of at least five hundred thousand dollars ($500,000) at the last preceding county assessment, desire to provide for the organization of the same as a fire protection district, none of their lands being included within the boundaries of an already created and organized fire protection district under the terms of this chapter, a district may be created and organized as provided in this chapter.
(2) All creations and organizations of fire protection districts and annexations to existing fire protection districts during the twelve (12) month period preceding the effective date of this act shall be deemed to be in full compliance with all applicable laws regardless of prior interpretations.
[31-1402, added 1943, ch. 161, sec. 2, p. 324; am. 1980, ch. 350, sec. 5, p. 891; am. 1984, ch. 202, sec. 1, p. 493; am. 1994, ch. 360, sec. 1, p. 1128.]
(1) A petition shall first be presented to the board of county commissioners and filed with the clerk of the board of commissioners of each county in which the proposed fire protection district is to be situated, signed by the number of holders of title, or evidence of title specified in section 31-1402, Idaho Code, which petition shall plainly and clearly designate the boundaries of the proposed fire protection district, and shall state the name of the proposed district, and shall be accompanied by a map thereof. The petition, together with all maps and other papers filed therewith shall, at all proper hours, be open to public inspection in the office of said clerk of the board of commissioners between the date of their said filing and the date of the election. The petition may be in one (1) paper or in several papers.
(2) Whenever a petition shall be filed, prior to the publication of notice of hearing pursuant to section 31-1404, Idaho Code, the petitioners shall deposit with the board of county commissioners a sum sufficient to defray the costs of publishing and election as provided by this chapter. In the event a fire protection district is organized, the petitioners shall be reimbursed the amount of their deposit from the first tax moneys collected by the district as provided by this chapter. The amount required to be paid under this subsection shall be determined by the board of county commissioners.
[31-1403, added 1943, ch. 161, sec. 3, p. 324; am. 1986, ch. 137, sec. 1, p. 367; am. 2006, ch. 318, sec. 2, p. 991.]
When such petition is presented to the board of county commissioners and filed in the office of the clerk of such board, the said board shall set a time for a hearing upon such petition, which time shall not be less than four (4) nor more than six (6) weeks, from the date of the presentation and filing of such petition. A notice of the time of such hearing shall be published by said board, once each week for three (3) successive weeks previous to the time set for such hearing, in a newspaper published within each county in which said district is to be situated. Said notice shall state that a fire protection district is proposed to be organized, giving the proposed boundaries thereof, and that any taxpayer within the proposed boundaries of such proposed district may on the date fixed for such hearing appear and offer any testimony pertaining to the organization of such district, the proposed boundaries thereof or the including or excluding of any real property therein or therefrom. After hearing and considering any and all testimony, if any such be interposed, the county commissioners shall thereupon make an order thereon either denying such petition or granting the same, with or without modification, and shall accordingly fix the boundaries of such proposed district in any order granting such petition. The boundaries so fixed shall be the boundaries of said district after its organization be completed as provided by this chapter, and a map showing the boundaries of such proposed district as finally fixed and determined by the board of county commissioners shall be prepared and filed in the office of the clerk of said board.
If the district is to be situated in two (2) or more counties, each board of county commissioners shall coordinate the hearing date and the publications of notice so that only one (1) hearing need be held. Unless otherwise agreed to by each board of county commissioners involved, the hearing shall be held in the county with the largest area to be included within the district, and the boards of county commissioners are hereby specifically authorized to act in a joint manner for such purposes.
[31-1404, added 1943, ch. 161, sec. 4, p. 324; am. 1986, ch. 137, sec. 2, p. 368; am. 1996, ch. 360, sec. 1, p. 1212.]
After the county commissioners have made their order finally fixing and determining the boundaries of the proposed district, the clerk of the board of county commissioners shall cause to be published a notice of an election to be held, subject to the provisions of section 34-106, Idaho Code, in such proposed fire protection district for the purpose of determining whether or not the same shall be organized under the provisions of this chapter. Such notice shall plainly and clearly designate the boundaries of such proposed fire protection district, and shall state the name of the proposed district as designated in the petition and shall state that a map showing the boundaries of said district is on file in his office.
Such notice shall be published first not less than fifteen (15) days prior to the election, and a second publication not less than five (5) days prior to such election, in a newspaper published within the county aforesaid. Such notice shall require the electors to cast ballots which shall contain the words "…. fire protection district, yes," or "…. fire protection district, no" or words equivalent thereto. No person shall be entitled to vote at any election held under the provisions of this chapter unless he shall possess all the qualifications required of electors under the general laws of the state, and be a resident of the proposed district.
If the district is to be situated in two (2) or more counties, the boards of county commissioners shall provide that the election be held on the same day in each county.
[31-1405, added 1943, ch. 161, sec. 5, p. 324; am. 1986, ch. 137, sec. 3, p. 368; am. 1995, ch. 118, sec. 26, p. 452; am. 2006, ch. 318, sec. 3, p. 991.]
Such election shall be conducted in accordance with title 34, Idaho Code. The board of county commissioners shall establish as many election precincts within such proposed fire protection district as may be necessary, and define the boundaries thereof. The county clerk shall appoint judges of election, who shall perform the duties as judges of election under title 34, Idaho Code; and the result of such election shall be certified, and canvassed and declared by the board of county commissioners.
[31-1406, added 1943, ch. 161, sec. 6, p. 324; am. 1982, ch. 254, sec. 6, p. 651; am. 1986, ch. 137, sec. 4, p. 369; am. 1995, ch. 118, sec. 27, p. 452; am. 2009, ch. 341, sec. 17, p. 1003.]
Immediately after any election for voting upon the organization of a fire protection district, the judges of said election shall forward the official results of said election to the clerk of said board of commissioners. The said board of commissioners shall meet within ten (10) days after said returns are received and shall proceed to canvass the votes cast at such election, and if, upon canvass, it shall appear that one-half (1/2) or more of said votes are "…. fire protection district, no," then a record of that fact shall be duly entered upon the minutes of said board, and all proceedings in regard to the organization of said district shall be void. If, however, it shall appear upon such canvass, that more than one-half (1/2) of the votes cast are "…. fire protection district, yes," the said board shall, by order entered on its minutes, declare such territory duly organized as a fire protection district under the name designated in the petition. After the election, the validity of the proceedings hereunder shall not be affected by any defect in the petition or in the number of qualifications of the signers thereof, and in no event shall any action be commenced or maintained or defense made affecting the validity of such organization after six (6) months from and after the making and entering of the order provided for in this section. Such board shall cause one (1) copy of such order, duly certified, to be filed for record in the office of the county recorder of the county in which said district is situated and shall transmit to the governor one (1) certified copy thereof.
From and after the date of such filing of said order of the board of county commissioners declaring such territory duly organized as a fire protection district, the organization of such district shall be complete.
If the district is to be situated in two (2) or more counties, the boards of county commissioners shall coordinate the canvass of the votes cast and make one (1) joint announcement. If a majority of the votes cast in any county are against the formation of the district, such rejection shall void the organization of the district in all counties.
[31-1407, added 1943, ch. 161, sec. 7, p. 324; am. 1986, ch. 137, sec. 5, p. 369.]
(1) There shall be three (3) fire protection commissioners in each district, who shall constitute the fire protection board. The first fire protection commissioners of such fire protection district shall be appointed by the board of county commissioners. If the district is to be situated in two (2) or more counties, the boards of county commissioners from those counties shall coordinate a joint public meeting whereby the appointment shall be made by a majority of all county commissioners present at the joint public meeting. If the county commissioners cannot agree on the appointment of a commissioner, all the interested persons who received the highest and equal number of votes shall have their names placed in a container. The county commissioner with the most continuous length of service shall draw one (1) name from the container. The person whose name is drawn shall then be appointed to fill the vacancy. The certificate of such appointment shall be made in triplicate: one (1) certificate shall be filed in the office of the county recorder of the county, one (1) with the clerk of the board of county commissioners, and one (1) with the assessor and tax collector of the county. Every fire protection commissioner and appointed officer shall take and subscribe the official oath, which oath shall be filed in the office of the board of fire protection commissioners. If thirty-three percent (33%) of the area or population in the fire protection district is situated in two (2) or more counties, not more than two (2) of the appointed fire protection district commissioners shall be from the same county.
(2) The oath of office of fire protection commissioners and appointed officers shall be taken before the secretary or the president of the board of the fire protection district at the first regularly scheduled board meeting in January succeeding each election. Provided however, in the event of an inability to appear for the taking of the oath, a duly elected fire protection commissioner may be sworn in and may subscribe to the oath wherever he may be, provided he appear before an officer duly authorized to administer oaths, and provided further that any person who is in any branch of the armed forces of the United States of America may appear before any person qualified to administer oaths as prescribed in section 51-113, Idaho Code, and may take and subscribe the oath of office as provided for in section 59-401, Idaho Code, and the oath of office shall have the same force and effect as though it were taken before the secretary or the president of the fire protection district pursuant to this subsection.
[31-1408, added 1943, ch. 161, sec. 8, p. 324; am. 1986, ch. 137, sec. 6, p. 370; am. 1998, ch. 190, sec. 1, p. 692; am. 2006, ch. 318, sec. 4, p. 992; am. 2010, ch. 337, sec. 1, p. 891; am. 2016, ch. 89, sec. 1, p. 275; am. 2017, ch. 128, sec. 3, p. 299; am. 2017, ch. 192, sec. 12, p. 457.]
(1) At the meeting of the board of county commissioners at which the fire protection district is declared organized, as provided by section 31-1407, Idaho Code, the county commissioners shall divide the fire protection district into three (3) subdivisions, as nearly equal in population, area and mileage as practicable, to be known as fire protection commissioners subdistricts one, two and three. Not more than one (1) of the fire protection district commissioners shall be a resident of the same fire protection subdistrict, except that any commissioner appointed by the board of county commissioners under section 31-1408, Idaho Code, shall not be disqualified from the completion of the initial term for which the commissioner was appointed because of the subdistrict in which the commissioner resides. The first commissioners appointed by the board of county commissioners shall serve until the next fire protection district election, at which time their successors shall be elected. The term of office for fire protection commissioners shall commence on the second Monday of January succeeding the general election. Every fire protection district commissioner, whether appointed or elected, shall be an elector residing within the fire protection district for at least one (1) year immediately preceding appointment or election and shall be an elector residing in the subdistrict that the commissioner represents for a period of at least ninety (90) consecutive days before appointment or election.
(2) Any fire protection commissioner vacancy occurring, other than by the expiration of the term of office, shall be filled by the fire protection board. If a duly elected or appointed fire protection commissioner resigns, withdraws, becomes disqualified, refuses or, without first providing signed written notice of a temporary vacancy, becomes otherwise unable to perform the duties of office for longer than ninety (90) days, the board, on satisfactory proof of the vacancy, shall declare the office vacant. The board shall fill any vacancies within sixty (60) days of learning of the vacancy. When a vacancy occurs, the board shall direct the secretary to cause a notice of the vacancy to be published in at least one (1) issue of a newspaper of general circulation within the district. The notice shall include the date and time of the meeting when the board will vote to fill the vacancy, and the deadline for qualified elector residents interested in being appointed to the position to submit a written request for appointment to the board. Should the remaining members of the board fail to agree on an individual to fill the vacancy, it shall select the individual by placing the names of all interested persons who received the highest and equal number of votes in a container. The fire commissioner with the most continuous length of service shall draw one (1) name from the container. The person whose name is drawn shall then be appointed to fill the vacancy.
(3) If more than fifty percent (50%) of the elected official seats on a fire protection district board of commissioners are vacant, any remaining member of the fire protection district board of commissioners, or any elector of the fire protection district, may petition the board of county commissioners of the county or counties in which the subdistrict vacancies are situated to make such appointments as are necessary to fill the vacancies on the fire protection district board of commissioners. The vacancies shall be filled by the board or boards of county commissioners within sixty (60) days of receiving a written petition. Any fire commissioner so appointed shall serve out the remainder of the term for the commissioner last serving in the vacant seat to be filled and shall be a resident of the same fire protection commissioners subdistrict.
[31-1409, added 1943, ch. 161, sec. 9, p. 324; am. 1986, ch. 137, sec. 7, p. 370; am. 1996, ch. 360, sec. 2, p. 1213; am. 2006, ch. 318, sec. 6, p. 993; am. 2016, ch. 89, sec. 2, p. 276; am. 2017, ch. 128, sec. 4, p. 300; am. 2018, ch. 168, sec. 1, p. 342; am. 2026, ch. 228, sec. 1, p. 1005.]
(1) On the first Tuesday following the first Monday of November, of the next odd-numbered year, following the organization of a fire protection district, three (3) fire protection district commissioners shall be elected. Not more than one (1) commissioner shall be a resident of the same fire protection commissioner subdistrict. Every odd-numbered year thereafter, an election shall be held for the election of fire protection district commissioners as described in this section. For commissioners whose term in office expires in any even-numbered year, such commissioners shall remain in office until the next election in an odd-numbered year. The county clerk shall have power to make such regulations for the conduct of such election as are consistent with the statutory provisions of chapter 14, title 34, Idaho Code.
(2) The board of fire protection district commissioners may revise subdistricts when they deem it necessary due to significant shifts in population. The board of fire protection district commissioners shall revise subdistricts upon any annexation of territory into the district in accordance with sections 31-1410A, 31-1410B and 31-1412(6), Idaho Code, and, in any case, within six (6) months following the end of each decennial United States census reporting year so as to equalize the population, area and mileage between the subdistricts as nearly as practicable. Provided however, of the commissioners comprising the board, not more than one (1) commissioner shall be a resident of the same fire protection commissioners subdistrict. The revision of subdistricts shall not disqualify any elected commissioner from the completion of the term for which he or she has been duly elected. Notice of revised fire protection commissioner subdistricts shall be provided to the county clerk of the county or counties in which the changes occur by means of a resolution that includes a map depicting the revised subdistrict boundaries.
(3) At the first election following organization of a fire protection district, the commissioner from fire protection subdistrict one shall be elected to a term of two (2) years and the commissioners from subdistricts two and three shall be elected to a term of four (4) years; thereafter, the term of office of all commissioners shall be four (4) years. Such elections and all other elections held under this law shall be held in conformity with the general laws of the state including chapter 14, title 34, Idaho Code.
(4) A fire protection district whose terms and elections were established by prior law shall convert to the election of commissioners as provided in this section.
(5) In any election for fire protection district commissioner, if after the deadline for filing a declaration of intent as a write-in candidate it appears that only one (1) qualified candidate has been nominated for a subdistrict to be filled, it shall not be necessary for the candidate of that subdistrict to stand for election, and the board of the fire protection district shall declare such candidate elected as commissioner, and the secretary of the district shall immediately make and deliver to such person a certificate of election.
(6) The results of any election for fire protection district commissioner shall be certified by the county clerk of the county or counties of the district and the results reported to the fire protection district.
[31-1410, added 1943, ch. 161, sec. 10, p. 328; am. 1951, ch. 135, sec. 1, p. 311; am. 1982, ch. 361, sec. 1, p. 912; am. 1995, ch. 118, sec. 28, p. 453; am. 1998, ch. 190, sec. 3, p. 693; am. 2000, ch. 336, sec. 1, p. 1129; am. 2003, ch. 90, sec. 1, p. 275; am. 2006, ch. 318, sec. 7, p. 994; am. 2009, ch. 341, sec. 18, p. 1003; am. 2010, ch. 185, sec. 1, p. 382; am. 2016, ch. 89, sec. 3, p. 276.]
(1) Subsequent to the creation of a fire protection district and the appointment of the first board of fire protection commissioners, the fire protection board may, by a majority vote of all of the fire protection district board members, elect to increase the size of the board to five (5) members.
(2) If the board of fire protection commissioners elects to expand the board to five (5) members, the existing board members shall subdivide the district into five (5) subdivisions as nearly equal in population, area, and mileage as practicable to be known as subdistricts one, two, three, four and five.
(3) At the first election following the decision of the board of fire protection commissioners to expand the board from three (3) to five (5) members, five (5) commissioners shall be elected. The commissioners from fire protection subdistricts one and two shall be elected to a term of two (2) years, the commissioners from subdistricts three, four, and five shall be elected to a term of four (4) years. Thereafter, the term of all commissioners shall be four (4) years.
(4) A fire district that, prior to the effective date of this section, had elected to expand a board from three (3) to five (5) members shall, prior to the next election of the district, adopt a transition schedule as nearly reflecting the schedule provided in this section as possible. For commissioners whose offices expire in 2012 and in any even-numbered year, such commissioners shall remain in office until the next election in an odd-numbered year.
[(31-1410A) 31-1408A, added 1998, ch. 190, sec. 2, p. 692; am. 2001, ch. 109, sec. 1, p. 372; am. and redesig. 2006, ch. 318, sec. 5, p. 992; am. 2011, ch. 11, sec. 4, p. 28; am. 2024, ch. 16, sec. 9, p. 143.]
(1) Any fire protection board consisting of five (5) members may, by a four-fifths (4/5) majority vote of all of the board members, elect to decrease the size of the board to three (3) members.
(2) If the board of fire protection commissioners elects to reduce the board to three (3) members, the existing board members shall subdivide the district into three (3) subdivisions as nearly equal in population, area and mileage as practicable to be known as subdistricts one, two and three. Notice of revised fire protection commissioner subdistricts shall be provided to the county clerk of the county or counties in which the changes occur by means of a resolution that includes a map depicting the revised subdistrict boundaries.
(3) At the first election following the decision of the board of fire protection commissioners to reduce the board from five (5) to three (3) members, three (3) commissioners shall be elected. The commissioner from fire protection subdistrict one shall be elected to a term of two (2) years and the commissioners from subdistricts two and three shall be elected to a term of four (4) years. Thereafter, the term of all commissioners shall be four (4) years.
(4) For commissioners whose office expires in any even-numbered year, such commissioners shall remain in office until the next election in an odd-numbered year.
[31-1410B, added 2016, ch. 89, sec. 4, p. 277.]
(1) After the organization of a fire protection district, additional contiguous or noncontiguous territory lying within the same county may be added thereto and shall thereupon and thenceforth be included in such district. Territory that is not contained in an existing fire district, and is not immediately adjoining the boundaries of the fire district into which annexation is sought, may be annexed into the district provided the territory consists of not less than forty (40) contiguous acres. At least seventy-five percent (75%) or more of the owners or contract purchasers of the land sought to be annexed shall petition the fire protection board and request annexation of the territory particularly described in the petition. Upon receipt of a petition to annex, the fire protection board shall hold a hearing not less than ten (10) nor more than thirty (30) days thereafter or, upon the written consent of the petitioner, within one hundred eighty (180) days, and the board shall cause notice of the hearing, designating the time and place, to be published in at least one (1) issue of a newspaper of general circulation within the district. Any person supporting or objecting to the petition shall be heard at the hearing, if in attendance, and at the close of the hearing, the board shall approve or reject the petition. If the board approves the petition, it shall make an order to that effect and certify a copy of the order containing an accurate legal description of the annexed territory to the board of county commissioners of the county where the fire district is situated. The board of county commissioners shall thereupon enter an order of annexation and cause the same to be recorded so as to include the annexed property on the tax rolls as provided in this chapter.
(2) In the event that more than twenty-five percent (25%) of the owners or contract purchasers of the land sought to be annexed do not join in the petition, and the board determines by resolution, entered on the minutes of the board, that the annexation would be in the best interests of the district and that an election on the issue should be held, additional territory may nevertheless be annexed by the affirmative vote of a majority of the qualified electors of the additional territory voting on the question at an election held therefor, which vote may be taken at an election held as provided in section 31-1405, Idaho Code. The same procedure shall be adopted as provided in sections 31-1402 through 31-1406, Idaho Code.
(3) Any area embraced within the limits of any fire protection district may be de-annexed by such fire protection district and annexed into another fire protection district:
(a) If owners or contract purchasers of territory located within an existing fire protection district petition to be annexed into another fire protection district, demonstrate that they are likely to receive an improved response to requests for services from the other fire protection district, and obtain written approval of the board of the fire protection district within which the territory is already located. The written approval must be attached to their petition to annex. Upon receipt of a petition to annex, the fire protection board shall hold a hearing no less than ten (10) nor more than thirty (30) days thereafter or, upon the written consent of the petitioner, within one hundred eighty (180) days, and the board shall cause notice of such hearing, designating the time and place, to be published in at least one (1) issue of a newspaper of general circulation within the district. Any person supporting or objecting to the petition shall be heard at the hearing, if in attendance, and at the close of the hearing, the board shall approve or reject the petition. If the board approves the petition, it shall make an order to that effect and certify a copy of the order containing an accurate legal description of the annexed territory to the board of county commissioners of the county where the fire district is situated and to the state tax commission pursuant to section 63-215, Idaho Code. The board of county commissioners shall thereupon enter an order of annexation and cause the same to be recorded so as to include the annexed property on the tax rolls as provided in this chapter; or
(b) With the consent of the governing boards of each fire protection district, expressed by ordinance or resolution of each district. If the boards approve any annexation and corresponding de-annexation of territory, the fire protection district annexing territory shall make an order to that effect and certify a copy of the order containing an accurate legal description of the annexed territory to the board of county commissioners of the county where the fire district is situated and to the state tax commission pursuant to section 63-215, Idaho Code. The board of county commissioners shall thereupon enter an order of annexation and cause the same to be recorded so as to include the annexed property on the tax rolls as provided in this chapter.
[31-1411, added 1943, ch. 161, sec. 11, p. 324; am. 1959, ch. 139, sec. 1, p. 314; am. 1984, ch. 202, sec. 2, p. 493; am. 1994, ch. 360, sec. 2, p. 1128; am. 1995, ch. 84, sec. 1, p. 248; am. 1995, ch. 118, sec. 29, p. 454; am. 1996, ch. 360, sec. 3, p. 1213; am. 2006, ch. 318, sec. 8, p. 995; am. 2026, ch. 197, sec. 1, p. 852.]
After the organization of a fire protection district, additional territory, contiguous or noncontiguous thereto and located wholly within an adjoining county, may be added to the district and become a part thereof as hereinafter provided in this section. Noncontiguous territory annexed to an existing fire protection district shall consist of not less than forty (40) contiguous acres. The proceedings for annexation shall be the same as the proceedings for the creation and organization of a fire protection district with the following exceptions and modifications:
(1) Such proceeding may be initiated by:
(a) Two (2) or more of the holders of title or evidence of title to lands aggregating not less than one hundred (100) acres; or
(b) One hundred percent (100%) of the holders of title or evidence of title to lands aggregating not less than one hundred (100) acres.
(2) A petition, such as is required by section 31-1403, Idaho Code, shall be filed with the fire protection board of the fire protection district into which petitioners seek to be annexed. The petition shall accurately describe the boundaries of the territory and name and describe the fire protection district to which annexation is sought. The petition shall be accompanied by a map showing and distinguishing the boundaries of the original district and the boundaries of the territory proposed to be annexed, and showing the location of the intervening county line. An election is not required pursuant to subsection (5) of this section when the petition includes a certification as to the following: (a) that one hundred percent (100%) of the holders of title or evidence of title of the property proposed to be annexed have joined in the initial petition requesting annexation; and (b) that there is no electorate present in the property proposed to be annexed. The fire protection board shall follow the notice and public hearing requirements contained in section 31-1411, Idaho Code, and if it approves of the annexation proposal, it will issue a written resolution consenting to the proposed annexation. If the fire protection board issues such a resolution, the petitioners shall proceed in accordance with the steps outlined in this section.
(3) A petition, such as is required by section 31-1403, Idaho Code, shall be filed with the board of county commissioners of the county in which is situated the territory proposed to be annexed but shall accurately describe the boundaries of the territory, and name and describe the fire protection district to which annexation is sought, shall be accompanied by a map showing and distinguishing the boundaries of the original district and the boundaries of the territory proposed to be annexed, and showing the location of the intervening county line. An election is not required pursuant to subsection (5) of this section when the petition includes a certification as to the following: (a) that one hundred percent (100%) of the holders of title or evidence of title of the property proposed to be annexed have joined in the initial petition requesting annexation; and (b) that there is no electorate present in the property proposed to be annexed. The petition must be accompanied by a certified copy of the resolution of the board of fire protection commissioners consenting to the annexation.
(4) The notice of hearing on the petition shall state that certain territory described in the petition, is proposed to be annexed to a fire protection district named in the petition and that any taxpayer within the boundaries of the territory proposed to be annexed may offer objections at the time and place specified. The order entered by the local board of county commissioners on the petition shall, if the petition be granted, fix the boundaries of the annexed territory and direct that a map of it be prepared under the direction of the clerk of the board, and certified copies of the order and map shall be transmitted to the clerk of the board of county commissioners of the county in which the original fire protection district is situated.
(5) An election shall be conducted by the county clerk or elections office in the county where the land sought to be annexed is situated, subject to the provisions of section 34-106, Idaho Code, in the territory proposed to be annexed for the purpose of voting upon the annexation and the notice shall accurately describe the boundaries of the territory proposed to be annexed, shall state the name of the district to which annexation is sought, and that a map showing the boundaries of the district and of the territory proposed to be annexed is on file in the office of the clerk of the local board of county commissioners. The notice shall prescribe the form of ballot to be cast, which shall contain the words "In favor of annexation to …. Fire Protection District" and "Against annexation to …. Fire Protection District," and shall direct that the voter indicate his choice thereon by a cross (X). An election pursuant to the provisions of this subsection shall accomplish no purpose and, therefore, shall not be required if the following conditions are certified in the petition(s) submitted in accordance with subsections (2) and (3) of this section: (a) that one hundred percent (100%) of the holders of title or evidence of title of the property proposed to be annexed have joined in the initial petition requesting annexation; and (b) that there is no electorate present in the property sought to be annexed.
(6) The territory proposed to be annexed shall constitute one (1) election precinct and there shall be added to the usual elector’s oath, in case of challenge, the following words: "And I am a resident within the boundaries of the territory proposed to be annexed to …. Fire Protection District." The returns of the election shall be canvassed by the board of the county commissioners of the county in which the territory proposed to be annexed is situated, and if it shall appear from the canvass that more than one-half (1/2) of the voters are in favor of the annexation, the board shall, by order entered on its minutes, declare the territory a part of the fire protection district to which annexation is sought, and a certified copy of the order shall be transmitted to the fire protection board of the original district, and also to the board of the county commissioners of the county in which the original district is situated. A certified copy of the order shall also be filed in the office of the county recorder of the county in which the territory proposed to be annexed is situated. At the first meeting of the board of fire protection commissioners following the annexation of property from another county, the board shall resubdivide the expanded fire protection district into three (3) subdivisions, as nearly equal in population and area as practicable. Not more than one (1) fire protection district commissioner shall reside in each subdistrict. If, because of resubdistricting, two (2) or more commissioners reside in the same subdistrict, they shall draw lots to determine who shall remain in office. The remaining commissioners on the board shall appoint, as necessary, persons to fill vacancies created as a result of annexation pursuant to the provisions of section 31-1409, Idaho Code. An appointee shall serve the remainder of the term of office he or she is appointed to fill. Certified copies of appointments of secretary and treasurer of the district shall be filed with the clerk of the board of county commissioners and with the tax collector of each county in which any portion of the district is situated and all taxes levied by the district shall be certified to, and extended, collected and remitted by, the proper officers of the county in which is situated the property subject to the levy.
[31-1412, added 1943, ch. 161, sec. 12, p. 324; am. 1975, ch. 219, sec. 1, p. 610; am. 1980, ch. 350, sec. 6, p. 891; am. 1984, ch. 117, sec. 1, p. 262; am. 1984, ch. 202, sec. 3, p. 494; am. 1994, ch. 360, sec. 3, p. 1129; am. 1995, ch. 118, sec. 30, p. 455; am. 2006, ch. 318, sec. 11, p. 998; am. 2010, ch. 176, sec. 1, p. 363.]
Any fire protection district may consolidate with one (1) or more existing fire protection districts subject to the following procedure, or pursuant to an election for consolidation as provided in section 31-1414, Idaho Code, and with the following effects:
(1) If, in the opinion of the board of any fire protection district, it would be to the advantage of said district to consolidate with one (1) or more other existing fire protection districts, the said board shall cause to be prepared an agreement for consolidation that shall among other things provide:
(a) The name of the proposed consolidated fire protection district;
(b) That all property of the districts to be consolidated shall become the property of the consolidated district;
(c) That all debts of the districts to be consolidated shall become the debts of the consolidated district;
(d) That the existing commissioners of the districts to be consolidated shall be the commissioners of the consolidated district until the next election, said election to be held pursuant to the provisions of section 31-1410, Idaho Code, at which three (3) commissioners shall be elected, unless the agreement of consolidation establishes a five (5) member board, in which case five (5) commissioners shall be elected. If the board consists of three (3) members, commissioners from fire protection subdistricts one and two shall be elected for terms of four (4) years, and the commissioner from fire protection subdistrict three shall be elected for a term of two (2) years. If the board consists of five (5) commissioners, the commissioners from fire protection subdistricts one, three and five shall be elected for terms of four (4) years, and the commissioners from fire protection subdistricts two and four shall be elected for an initial term of two (2) years. Thereafter, the term of all commissioners shall be four (4) years; and
(e) That the employees of the consolidated fire protection district shall be selected from the employees of the fire protection districts being consolidated, which employees shall retain the seniority rights under their existing employment contracts.
(2) After approval of the agreement of consolidation by each of the fire protection district boards involved, the boards of commissioners of each fire protection district shall hold a hearing not less than ten (10) or more than thirty (30) days thereafter and shall cause notice of the hearing, designating the time and place to be published in at least one (1) issue of a newspaper of general circulation within the district not less than five (5) days prior to the hearing. Any person supporting or objecting to the petition shall be heard at the hearing, if in attendance, and at the close of the hearing the board shall approve or reject the agreement of consolidation. If each board approves the agreement of consolidation, the agreement shall become effective and the consolidation of the district complete thirty (30) days after the approval unless within the thirty (30) days a petition signed by twenty-five percent (25%) of the qualified electors of one (1) of the fire protection districts objecting to the consolidation be filed with the secretary of the district. In the event of an objection, an election shall be held as provided in section 31-1405, Idaho Code, except that the question shall be "consolidation of…. fire protection district, yes," or "consolidation of…. fire protection district, no," or words equivalent thereto. If more than one-half (1/2) of the votes cast are yes, the agreement shall become effective. If more than one-half (1/2) of the votes cast are no, the agreement shall be void and of no effect; and no new consolidation shall be proposed for at least six (6) months following the date of the consolidation election.
(3) Upon the agreement of consolidation becoming effective, the board of the consolidated fire protection district shall file a certified copy of the agreement with the county recorder of each county in which such district is situated and shall comply with the provisions of section 63-215, Idaho Code. The consolidated district shall thereafter have the same rights and obligations as any other fire protection district organized under the statutes of this state.
[(31-1413) 31-1411A, added 1967, ch. 95, sec. 1, p. 203; am. 1996, ch. 322, sec. 9, p. 1038; am. 1997, ch. 372, sec. 1, p. 1185; am. 1998, ch. 190, sec. 4, p. 693; am. and redesig. 2006, ch. 318, sec. 9, p. 996; am. 2013, ch. 185, sec. 1, p. 444; am. 2025, ch. 155, sec. 1, p. 762.]
(1) Any two (2) or more fire districts may, in the discretion of the fire district commissioners, or shall, upon a petition signed by ten percent (10%) or more of the electors in the last general election residing in each of the fire protection districts proposed for consolidation, conduct an election in the manner provided in section 31-1405, Idaho Code, at which the following question shall be submitted to the electorate: "Shall ….. fire protection districts be consolidated?" or words equivalent thereto. At least one (1) public hearing shall be held by the boards of fire district commissioners prior to the election. If a majority of the votes cast in each district proposed for consolidation are in favor of consolidation, the districts shall be deemed consolidated and an agreement of consolidation in conformity with the provisions of section 31-1413, Idaho Code, shall be entered into by the fire protection district boards involved, except that an agreement of consolidation entered into pursuant to an election as provided in this section shall not thereafter be subject to an election upon objection as provided in subsection (2) of section 31-1413, Idaho Code.
(2) If two (2) districts are proposed for consolidation and less than a majority of the votes cast in any one (1) of the districts are in favor of the consolidation, the consolidation shall not become effective. If more than two (2) districts are proposed for consolidation, the consolidation may proceed with respect to those districts in which a majority of the votes cast are in favor of the consolidation.
[(31-1414) 31-1411B, added 1997, ch. 372, sec. 2, p. 1186; am. and redesig. 2006, ch. 318, sec. 10, p. 997.]
Immediately after qualifying, the board of fire protection commissioners shall meet and organize as a board, and at that time, and whenever thereafter vacancies in the respective offices may occur, they shall elect a president from their number, and shall appoint a secretary and treasurer who may also be from their number, all of whom shall hold office during the pleasure of the board, or for terms fixed by the board. The offices of secretary and treasurer may be filled by the same person. Certified copies of all such appointments, under the hand of each of the commissioners, shall be forthwith filed with the clerk of the board of county commissioners and with the tax collector of the county.
As soon as practicable after the organization of the first board of fire protection commissioners, and thereafter when deemed expedient or necessary, such board shall designate a day and hour on which regular meetings shall be held and a place for the holding thereof, which shall be within the district. Regular meetings shall be held at least quarterly. The minutes of all meetings must show what bills are submitted, considered, allowed or rejected. The secretary shall make a list of all bills presented, showing to whom payable, for what service or material, when and where used, amount claimed, allowed or disallowed. Such list shall be acted on by the board. All meetings of the board must be public, and a majority shall constitute a quorum for the transaction of business. All fire protection districts shall meet the financial audit filing requirements as provided in section 67-450B, Idaho Code. All meetings of fire protection boards shall be noticed and run in accordance with the open meeting law provided for in chapter 2, title 74, Idaho Code, inclusive. All records of fire protection districts shall be available to the public in accordance with the provisions of public records law as provided for in chapter 1, title 74, Idaho Code.
The officers of the district shall take and file with the secretary, an oath for faithful performance of the duties of the respective offices. The treasurer shall on his appointment execute and file with the secretary an official bond in compliance with section 41-2604, Idaho Code, in such an amount as may be fixed by the fire protection board but in no case less than ten thousand dollars ($10,000).
[(31-1415) 31-1413, added 1943, ch. 161, sec. 13, p. 324; am. 1982, ch. 331, sec. 1, p. 838; am. and redesig. 2006, ch. 318, sec. 12, p. 1000; am. 2015, ch. 141, sec. 54, p. 419.]
Every fire protection district upon being organized as provided by this chapter shall be a governmental subdivision of the state of Idaho and a body politic and corporate, and as such has the power specified in this chapter. Its powers can be exercised only by the fire protection board or by agents and officers acting under their authority, or authority of law. The name of the district designated in the order of the board of county commissioners declaring the territory duly organized as a fire protection district, shall be the corporate name of such district, and it must be known and designated thereby in all actions and proceedings touching its corporate right, property and duties.
[(31-1416) 31-1414, added 1943, ch. 161, sec. 14, p. 324; am. 1978, ch. 336, sec. 1, p. 867; am. and redesig. 2006, ch. 318, sec. 13, p. 1000.]
A board of fire protection commissioners shall have discretionary powers to manage and conduct the business and affairs of the district. The discretionary powers shall include, but not be limited to, the following:
(1) To sue and be sued.
(2) To purchase, hold, sell and convey real property, make such contracts, and purchase, hold, sell and dispose of such personal property as may be necessary or convenient for the purposes of this chapter.
(3) To levy and apply such taxes for purposes under its exclusive jurisdiction as are authorized by law, and to approve the annual district budget by resolution of the board.
(4) To make and execute all necessary contracts.
(5) To adopt such rules and resolutions as may be necessary to carry out their duties and responsibilities.
(6) To hire, pay, promote, discipline and terminate district employees, contractors and agents, or delegate such powers.
(7) To set compensation and benefit levels for employees, commissioners, contractors and agents.
(8) To appoint members of district appeals boards and investigatory boards for the purpose of handling personnel matters or disputes concerning fire code enforcement issues, and to appoint other boards or committees that commissioners deem necessary for carrying out the purposes and policies of this chapter.
(9) To enforce the fire code and rules adopted by the state fire marshal pursuant to chapter 2, title 41, Idaho Code.
(10) To charge and collect reasonable fees for services provided to residents of the fire protection district or city, in accordance with the provisions of sections 63-1311 and 63-1311A, Idaho Code.
[(31-1417) 31-1415, added 1943, ch. 161, sec. 15, p. 324; am. 1965, ch. 19, sec. 1, p. 32; am. 1996, ch. 360, sec. 4, p. 1214; am. and redesig. 2006, ch. 318, sec. 14, p. 1001.]
The legal title to all property acquired under the provisions of this chapter shall immediately and by operation of law, vest in such fire protection district, and shall be held by such district in trust for and is hereby dedicated and set apart to the uses and purposes set forth in this chapter. Said board is hereby authorized and empowered to hold, use, acquire, manage, occupy, possess, sell, convey and dispose of said property, whether real or personal, as in this chapter provided; and to institute and maintain any and all actions and proceedings, suits at law or in equity necessary or proper in order to fully carry out the provisions of this chapter, or to enforce, maintain, protect or preserve any and all rights, privileges and immunities created by this chapter or acquired in pursuance thereof. In all courts, actions, suits or proceedings, the said board may sue, appear and defend, in person or by attorneys, and in the name of such fire protection district.
[(31-1419) 31-1417, added 1943, ch. 161, sec. 17, p. 324; am. 1965, ch. 19, sec. 2, p. 32; am. and redesig. 2006, ch. 318, sec. 16, p. 1002.]
Real or personal property of a fire protection district may be sold, conveyed and disposed of by its board of commissioners whenever the board finds and by resolution declares that the district no longer has use therefor, subject to the following procedure:
(1) If in the opinion of the board any such personal property does not exceed ten thousand dollars ($10,000) in value, the same may be sold without independent valuations, notice or competitive bids.
(2) If in the opinion of the board any such personal property exceeds ten thousand dollars ($10,000) in value, then the board shall select two (2) individuals independent of the board who have the knowledge and expertise to determine the value of the personal property to assess the value of the property. The property may then be sold at public or private sale to the highest bidder for cash at not less than its minimum valuation, after due notice. If the property cannot be sold for the minimum valuation after reasonable efforts have been made, the board may then sell the property for adequate and valuable consideration as determined by the board. Any individual selected by the board to assess the value of personal property shall not be eligible to acquire that property.
(3) All such real property shall be appraised by a certified appraiser who shall be selected by the board. It may then be exchanged for other real property of equivalent value as determined by the board or sold at public or private sale to the highest bidder for cash at not less than its appraised value, after due notice. If the property cannot be sold for the appraised value after reasonable efforts have been made, the board may then sell the property for adequate and valuable consideration as determined by the board.
(4) Due notice of sale shall be accomplished if the notice describes the property to be sold (legal description, if real property), states the appraised value thereof (by separate items, if so appraised), and specifies the time, place and conditions of sale.
(5) The notice shall be published in a newspaper having general circulation in the district at least twice, the first publication thereof to be not less than fifteen (15) days preceding the day of sale.
(6) If such property is sold on terms, the board may contract for the sale of the same for a period of years not exceeding ten (10) years, with an annual rate of interest on all deferred payments not to exceed twelve percent (12%) per annum. The title to all property sold on contract shall be retained in the name of the district until full payment has been made by the purchaser. Any property sold by the board under the provisions of this section, either for cash or on contract, shall be assessed by the county assessor in the same manner and upon the same basis of valuation as though the purchaser held a record title to the property so sold. The board shall have authority to cancel any contract of sale, pursuant to law, if the purchaser shall fail to comply with any of the terms of such contract, and retain all payments paid thereon. The board may by agreement with the purchaser modify or extend any of the terms of any contracts of sale, but the total period of years shall not exceed ten (10) years.
(7) Upon final payment pursuant to the sale of such real property, the president and secretary, pursuant to resolution of the board, shall duly execute and deliver an appropriate deed to the purchaser, and upon the accomplishment of the sale of such personal property, the president and secretary, pursuant to resolution of the board, shall duly execute and deliver an appropriate bill of sale to the purchaser.
(8) In addition to any other powers granted by law, the board of fire commissioners may, at their discretion, grant to or exchange with the federal government, the state of Idaho, any political subdivision, or taxing district of the state of Idaho, with or without compensation, any real or personal property or any interest in such property owned by the fire district or acquired by tax deed, after adoption of a resolution that the grant or exchange of property is in the public interest. Such resolution may be made at any regularly or specially scheduled meeting of the board. Notice of such grant or exchange shall be made in the same manner as set forth in subsections (4) and (5) of this section. The fire protection district’s execution and delivery of the deed conveying an interest in the property shall operate to discharge and cancel all levies, liens and taxes made or created for the benefit of the fire protection district and to cancel all titles or claims of title including claims of redemption to such real property asserted or existing at the time of such conveyance.
[(31-1420) 31-1417A, added 1965, ch. 52, sec. 1, p. 84; am. 2000, ch. 337, sec. 1, p. 1130; am. and redesig. 2006, ch. 318, sec. 17, p. 1002; am. 2015, ch. 272, sec. 1, p. 1127; am. 2018, ch. 188, sec. 1, p. 413.]
(1) Fire protection district commissioners may receive reasonable compensation for their services as commissioners. The fire protection board shall fix commissioner benefits and compensation for the fiscal year. Compensation for performing district business shall not exceed one hundred dollars ($100) per day. If a city, county, state or federal declaration of emergency or disaster exists within the boundaries of the fire protection district, the board may set special compensation for commissioners by a resolution that shall be applied to commissioner compensation only upon a majority vote of the board and shall continue only for as long as the city, county, state or federal declaration of emergency or disaster remains in effect within the boundaries of the fire protection district. District business shall include time spent preparing for and attending regular and special board meetings and meetings of committees established by the board. Additional compensation, if approved by a majority of the fire protection board, may be calculated for commissioners who attend county or state agency meetings, educational classes, seminars and other miscellaneous district business. Commissioners may also participate in the district’s employee benefit package in the same manner as employees or volunteers. Any proposed commissioner benefits and annual compensation shall be published as a separate line item in the annual budget of the fire protection district.
(2) Actual expenses of commissioners for travel, and other district expenses approved by the board, shall be paid to the commissioners in addition to their annual compensation and benefits. The payment for expenses shall be paid from the funds of the fire protection district on either a per diem basis or upon the presentation of itemized receipts to the treasurer.
(3) The board shall fix the annual compensation and benefits to be paid to the other officers, agents and employees of the fire district, which shall be paid out of the treasury of the fire district.
(4) The district shall be liable and responsible for the actions and omissions of the commissioners, officers, agents and employees of the district, when the commissioners, officers, agents and employees are performing their duties within the course and scope of their employment with the district and on behalf of the district.
[31-1421, added 2006, ch. 318, sec. 19, p. 1004; am. 2018, ch. 18, sec. 1, p. 30.]
(1) The fire protection district board shall adopt a budget and shall cause a public hearing to be held upon such budget, prior to certifying a tax levy to the board of county commissioners of each county within the district, or having a portion of its territory within the district.
(2) Notice of the budget hearing meeting shall be posted at least ten (10) full days prior to the date of said meeting in at least one (1) conspicuous place in each fire protection district to be determined by the board; a copy of such notice shall also be published in a daily or weekly newspaper published within such district, in one (1) issue thereof, during such ten (10) day period. The place, hour and day of such hearing shall be specified in said notice, as well as the place where such budget may be examined prior to such hearing. A full and complete copy of such proposed budget shall be published with and as a part of the publication of such notice of hearing.
(3) Such budget shall be available for public inspection from and after the date of the posting of notices of hearing as in this section provided, at such place and during such business hours as the board may direct.
(4) A quorum of the board shall attend such hearing and explain the proposed budget and hear any and all objections thereto.
(5) The fiscal year of a fire protection district shall commence either on the first day of October of each calendar year, or on the first day of January of each calendar year, as established by resolution of the fire protection district board of commissioners.
[(31-1422) 31-1419A, added 1982, ch. 362, sec. 1, p. 913; am. 2005, ch. 26, sec. 1, p. 132; am. and redesig. 2006, ch. 318, sec. 20, p. 1004.]
(1) Each year, immediately prior to the annual county levy of taxes, the board of commissioners of each fire protection district, organized and existing under this chapter, may levy a tax upon all the taxable property within the boundaries of such district sufficient to defray the cost of equipping and maintaining the district of twenty-four hundredths percent (.24%) of market value for assessment purposes, to be used for the purposes of this chapter and for no other purpose. The levy shall be made by resolution entered upon the minutes of the board of commissioners of the fire protection district, and it shall be the duty of the secretary of the district, immediately after entry of the resolution in the minutes, to transmit to the county auditor and the county assessor certified copies of the resolution providing for such levy. Said taxes shall be collected as provided by section 63-812, Idaho Code.
(2) If two (2) or more fire protection districts consolidate into one (1) district, the provisions of section 63-802, Idaho Code, shall apply to the consolidated district’s budget request. In addition, the consolidated district shall receive the benefit of foregone increases accumulated by the former districts under section 63-802, Idaho Code.
[(31-1423) 31-1420, added 1943, ch. 161, sec. 20, p. 324; am. 1947, ch. 219, sec. 1, p. 525; am. 1965, ch. 119, sec. 1, p. 237; am. 1984, ch. 202, sec. 4, p. 496; am. 1988, ch. 316, sec. 1, p. 974; am. 1996, ch. 208, sec. 4, p. 661; am. 1996, ch. 322, sec. 10, p. 1039; am. 1997, ch. 117, sec. 1, p. 299; am. 1999, ch. 288, sec. 1, p. 714; am. 2002, ch. 172, sec. 1, p. 506; am. 2005, ch. 178, sec. 2, p. 551; am. and redesig. 2006, ch. 318, sec. 21, p. 1005; am. 2011, ch. 19, sec. 1, p. 57; am. 2013, ch. 185, sec. 2, p. 445; am. 2025, ch. 155, sec. 2, p. 763; am. 2026, ch. 316, sec. 3, p. 1269.]
The board of county commissioners, at the time of making the annual county levies, shall make a levy upon all the taxable property not exempt from taxation within each district within the county in the same amount as the levy made by the board of commissioners of each fire protection district, and shall certify such levy or levies to the county auditor, and said auditor shall extend such levy on the rolls of the county, as other county taxes are extended; such special taxes so levied, as aforesaid, shall constitute a lien upon the property so assessed and shall be due and payable at the same time and in all respects are to be collected in the same manner as the state and county taxes, except that the tax collector must keep a separate list thereof and must list said tax in his receipt to the taxpayers and must pay to the county treasurer as he pays other taxes, specify to the treasurer what taxes they are and take a separate receipt therefor, and keep separate accounts thereof.
[(31-1424) 31-1421, added 1943, ch. 161, sec. 21, p. 324; am. 1947, ch. 219, sec. 2, p. 525; am. 1984, ch. 202, sec. 5, p. 497; am. and redesig. 2006, ch. 318, sec. 22, p. 1005.]
(1) All public utilities, as defined in section 61-129, Idaho Code, shall be exempt from taxation under the provisions of this chapter and shall not be entitled to the privileges or protection hereby provided without their consent in writing filed with the clerk of the board of county commissioners. Provided however, the board of fire protection commissioners, may enter into an agreement with a public utility for the purpose of affording the privileges or protection provided by the fire protection district to all, or such portion, of the property of the public utility as may be agreed upon between the parties and upon such terms and conditions as may be mutually agreed upon between the parties to the agreement.
(2) The board of county commissioners, upon application and recommendation of the board of fire protection commissioners, may, by an ordinance enacted by not later than the second Monday of July, exempt all or a portion of the unimproved real property within the district from taxation, and may exempt all or a portion of the taxable personal property within the district from taxation. Any ordinance of the board of county commissioners granting an exemption from taxation under the provisions of this section must provide that each category of property is treated uniformly. Notice of intent to adopt an ordinance which exempts unimproved real property shall be provided to property owners of record in substantially the same manner as required in section 67-6511(2)(b), Idaho Code, as if the ordinance were making a zoning district boundary change.
[(31-1425) 31-1422, added 1943, ch. 161, sec. 22, p. 324; am. 1985, ch. 153, sec. 1, p. 410; am. 1996, ch. 105, sec. 1, p. 407; am. and redesig. 2006, ch. 318, sec. 23, p. 1006; am. 2013, ch. 216, sec. 4, p. 510.]
(1) The tax receipts collected by the county as provided for in section 31-1424, Idaho Code, and other funds shall immediately be paid over by the county treasurer to the treasurer of the fire protection district, who shall deposit the same in a bank and be handled in the manner prescribed by the state depository law and all other funds received, by or on behalf of the district, shall be deposited by the treasurer to the credit of the district fund and shall be drawn only upon voucher and by check bearing the signature of the treasurer and at least one (1) commissioner, or in the event that the treasurer is unavailable, checks may be signed by two (2) commissioners. Provided however, upon written resolution of the board, checks may be signed by designated representatives who have been bonded in amounts deemed appropriate by the board.
(2) It is hereby made the duty of the treasurer of the fire protection district to keep account of the district’s funds; to place to the credit of the district all moneys received by him from the collector of taxes or from any other officer charged with the collection of taxes as the proceeds of taxes levied by the fire protection board, or from any other sources, and of all other moneys belonging to the district and to pay over all moneys belonging to the district on legally drawn warrants or orders of the district officers entitled to draw the same.
(3) No checks or warrants shall be signed until it is determined that the payment has been legally authorized, that the money has been duly appropriated by the board, and that such appropriation has not been exhausted. No checks or warrants shall be drawn in excess of the moneys actually in the district treasury. Provided however, warrants may be issued in anticipation of a levy except as otherwise provided in this chapter. The district shall pay warrants presented for payment provided there is money in the treasury for that purpose.
(4) All warrants for the payment of an indebtedness of a fire protection district which are unpaid due to lack of funds shall bear interest at a rate to be fixed by the fire protection board from the date of the registering of such unpaid warrants with the treasurer. Provided however, that the dollar amount of the warrants shall not exceed the revenue provided for the year in which the indebtedness was incurred.
[(31-1426) 31-1423, added 1943, ch. 161, sec. 23, p. 324; am. 1996, ch. 360, sec. 6, p. 1215; am. and redesig. 2006, ch. 318, sec. 24, p. 1006.]
The board of commissioners of a fire protection district organized pursuant to the provisions of this chapter shall have no power to incur any debt or liability, except to the extent for the purposes and in the manner hereinafter provided:
(1) In the first year after organization, the board of a district may, for the purpose of organization, to finance general preliminary expenses of the district or for any other purpose of the fire protection district law, and before making a tax levy, incur an indebtedness not exceeding in the aggregate a sum equal to one cent ($.01) on each one hundred dollars ($100) of market value for assessment purposes of all real and personal property within the district.
(2) Whenever the board of commissioners of a fire protection district shall determine that the interest of said district and the public interest or necessity require incurring an indebtedness exceeding the income and revenue provided for the year for the purposes of (a) acquiring, purchasing, constructing, improving and equipping lands, building sites and buildings together with the necessary appurtenant facilities and equipment and (b) acquiring and purchasing suitable equipment and apparatus necessary to provide fire protection, the board shall have the power and authority as hereinafter provided to issue general obligation coupon bonds not to exceed in the aggregate at any time two percent (2%) of market value for assessment purposes of the real and personal property in said district.
Whenever the board of a district shall deem it advisable to issue general obligation coupon bonds, the board shall provide for the issuance of such bonds by ordinance which shall specify and set forth all the purposes, objects and things required by section 57-203, Idaho Code, and make provision for the collection of an annual tax sufficient to (a) constitute a sinking fund for the payment of the principal thereof within thirty (30) years from the time of contracting said bonded indebtedness and (b) to pay the interest on such proposed bonds as it falls due.
The aforesaid ordinance shall also provide for holding an election with the notice in compliance with section 34-1406, Idaho Code. The election shall be conducted in the manner and form, the returns canvassed, and the qualifications of electors of the district voting or offering to vote shall be determined, as provided by the pertinent and applicable provisions of title 34, Idaho Code. The voting at such election must be by ballot and the ballot used shall be substantially as follows: "In favor of issuing bonds to the amount of………. dollars for the purpose stated in Ordinance No……." and "Against issuing bonds to the amount of……… dollars for the purpose stated in Ordinance No…….." If at such election two-thirds (2/3) of the qualified electors voting at such election, assent to the issuing of such bonds and the incurring of the indebtedness thereby created for the purposes, objects, and things provided in said Ordinance No……., such bonds shall be issued in the manner provided by chapter 2, title 57, Idaho Code, the municipal bond law of the state of Idaho.
Bonds issued pursuant to the provisions of this section and the income therefrom shall be exempt from taxation except transfer and estate taxes.
[(31-1427) 31-1424, added 1993, ch. 362, sec. 3, p. 1324; am. and redesig. 2006, ch. 318, sec. 25, p. 1007; am. 2018, ch. 19, sec. 1, p. 31.]
The board of commissioners of a fire protection district may accumulate fund balances at the end of a fiscal year and carry over those fund balances into the ensuing fiscal year budget for equipping and maintaining the district. A "fund balance" is the excess of the assets of a fund over its liabilities and reserves.
[(31-1428) 31-1424A, added 1993, ch. 329, sec. 1, p. 1228; am. and redesig. 2006, ch. 318, sec. 26, p. 1008.]
Except as otherwise provided in section 50-224, Idaho Code, any area embraced within the limits of any city may, with the consent of the governing boards of such city and the respective fire protection district, expressed by ordinance or resolution, be included within the limits of a fire protection district, when formed, or be subsequently annexed thereto. Any area in any city embraced within the limits of a fire protection district, shall, upon the consent of the governing boards of such city and fire protection district, expressed by ordinance or resolution, be withdrawn from such fire district.
[31-1429, added 1943, ch. 161, sec. 29, p. 324; am. 1949, ch. 82, sec. 1, p. 144; am. 1984, ch. 202, sec. 6, p. 497; am. 1996, ch. 360, sec. 8, p. 1215; am. 2006, ch. 318, sec. 28, p. 1008.]
(1) Fire protection districts shall have all of the powers given to political subdivisions of the state of Idaho as set forth in section 67-2339, Idaho Code, and sections 67-2326 through 67-2333, Idaho Code, inclusive, to enter into intra-agency and mutual aid agreements with other political subdivisions, including but not limited to counties, ambulance service districts, and municipalities in Idaho and in other states for the purposes of protecting property against loss by fire, protecting life, and for all other purposes of this chapter.
(2) Any fire protection district or city fire department extinguishing a fire or responding to a call for emergency assistance to persons or property not situated within the taxing authority of the fire district or city fire department is authorized to charge a reasonable fee for the services provided and shall have a lien upon property serviced, which lien shall be filed of record against the property in the name of the district or city in the time and manner provided by section 45-507, Idaho Code, for liens of original contractors. Fire districts and cities are also authorized to charge reasonable fees for services provided to residents located within the fire district or city in accordance with the requirements and procedures contained in sections 63-1311 and 63-1311A, Idaho Code, and shall have a lien upon the property serviced as provided in this section.
[31-1430, added 2006, ch. 318, sec. 29, p. 1008; am. 2020, ch. 183, sec. 1, p. 574.]
Fire protection districts subject to the conditions hereinafter set forth may, pursuant to the discretion of the fire protection board, contract with individual property owners whose property is situated outside of the external boundaries of the fire protection district within the state of Idaho or within any neighboring state to provide for the same measure of fire protection to such contracting property owner as is provided to property owners within the boundaries of such contracting fire protection districts. All such contracts shall be for a term of one (1) year and shall commence at 12:01 a.m. on January 1 of such year and expire at 12 midnight on December 31 of such year. Contracts shall provide for a monetary consideration to be paid in advance by such property owner and the monetary consideration shall be based upon the cost of providing such service to such property owner, including, but not limited to, covering the district’s administrative and contract preparation costs, including legal fees for preparation and review of the contracts, and shall also take into consideration the distance between such property and the fire station or other facility wherein the firefighting equipment of such fire protection district is kept. Monetary consideration shall in no event be less than the amount that would have been paid in taxes that would have been levied and assessed under the provisions of this chapter, if such property had been included within the boundaries of said fire protection district. The power herein granted is subject to the limitation that no such contract may be entered into with any property owner whose house and outbuildings are situate further distant from the firehouse or other facility wherein such district’s fire protection equipment is kept than the point on the external boundary of such district that is furthest distant from the firehouse or other facility wherein such district’s fire protection equipment is kept. Provided further, however, that all of the contiguous lands of any contracting property owner must be included in said contract unless a portion of such property owner’s lands are further distant from the firehouse where such district’s firefighting equipment is kept than the point on the external boundary of such fire protection district that is furthest distant from the firehouse, in which case such portion of said lands must be excluded. For the purpose of determining value of eligible property situate outside the state of Idaho, the board of commissioners of such fire protection district shall determine as nearly as possible what the assessed value of such lands outside the state of Idaho would be if the same were situate within the state of Idaho.
[(31-1431) 31-1430B, as added by 1973, ch. 54, sec. 1, p. 88; am. and redesig. 2006, ch. 318, sec. 31, p. 1009.]
The provisions of this chapter shall be liberally construed to effect the purposes thereof.
[(31-1432) 31-1431, added 1943, ch. 161, sec. 31, p. 324; am. and redesig. 2006, ch. 318, sec. 32, p. 1010.]
Nothing in this chapter shall be construed as impairing the legality or organization of any fire protection district heretofore organized pursuant to law, nor the legality of any act of such district done in accordance with the prior law, nor shall it be deemed to affect the legality of the election of any officer of any such existing fire protection district, and all directors and officers duly elected, qualified and holding office at the time of the taking effect of this chapter shall continue to serve in such office until the expiration of their present terms; provided, however, that such fire protection districts as have existed heretofore shall comply with the provisions of this chapter as soon as they can conveniently do so and thereafter be governed by the provisions of this chapter. Nor shall anything in this chapter be deemed in any way to affect the existing indebtedness of any fire protection district created under and by virtue of the provisions of chapter 30, title 30, Idaho Code. All such existing fire protection districts, and the lawful acts of their officers and agents, are hereby declared prima facie lawful as de facto fire protection districts; provided, however, that such districts shall comply with the provisions of this chapter as soon as they can conveniently do so and thereafter be governed by the provisions of this chapter.
[(31-1433) 31-1434, added 1943, ch. 161, sec. 34, p. 324; am. 1980, ch. 197, sec. 26, p. 452; am. and redesig. 2006, ch. 318, sec. 34, p. 1010; am. 2017, ch. 58, sec. 13, p. 109.]
Dissolution of any fire protection district organized under this chapter may be initiated by a petition signed by at least twenty-five percent (25%) of the holders of title, or evidence of title, to the real property within the fire protection district, requesting dissolution of such fire protection district, in the following manner:
The petition shall first be presented to the board of county commissioners of each county in which the fire protection district is situated, signed by the number of holders of title or evidence of title above provided, which petition shall clearly designate the boundaries of the fire protection district and shall state the name of the district and shall be accompanied by a map thereof. The petition, together with all maps and other papers filed therewith, shall, at proper hours, be open to public inspection in the office of the clerk of the board of county commissioners between the date of their said filing and the date of the election on the question of districts as hereafter provided. The petition may be in one (1) or in several papers. When such petition is presented to the board of county commissioners, and filed in the office of the clerk of the board, the said board shall set a time for hearing of such petition, which time shall not be less than four (4) nor more than six (6) weeks from the date of the presenting and filing of said petition. A notice of the time of such hearing shall be published by said board, once a week for three (3) successive weeks previous to the time set for such hearing, in a newspaper published within the county in which said district is situated. Said notice shall give the boundaries of the fire protection district and shall state that a petition has been filed to dissolve the same, and that on the date fixed for the hearing, any taxpayer within the district, may appear at the hearing and testify and/or present exhibits upon any issue pertaining to the proposed dissolution of the fire district, or may object to or support the proposed dissolution.
After hearing and considering any and all testimony and other evidence either made in favor of or in opposition to the dissolution of the fire district, if the board of county commissioners makes a sufficient factual finding that the majority of the residents of the fire district will receive no benefit by continuing the existence of the fire district, the county commissioners shall make an order granting the petition, with or without modification. Provided however, the board of county commissioners, after hearing and considering all testimony and other evidence either in favor of or in opposition to the dissolution of the fire district, cannot make a sufficient factual finding that the majority of the residents of the fire district will receive no benefit by continuing the existence of the fire district, the county commissioners shall make an order denying the petition. After the county commissioners have entered their order approving or denying such petition, the clerk of the board of county commissioners shall cause to be published, a notice of election to be held in such proposed fire protection district, for the purpose of determining whether or not the same shall be dissolved. Such notice shall plainly and clearly designate the boundaries of the fire protection district, its name, and further, that the election is to be held to decide the question of whether the fire protection district shall be maintained or dissolved. Such notice shall be published once in each week for three (3) successive publications prior to such election, in a newspaper published within the county aforesaid.
Such notice shall require the electors to cast ballots which shall contain the words "fire protection district dissolved …. yes" or: "fire protection district dissolved …. no" or words equivalent thereto. No person shall be entitled to vote at any election held under the provisions of this chapter, unless he shall possess all the qualifications required of electors under the general laws of the state and be a resident of the district.
The election qualifications of electors and canvass of the ballots shall be made in the same manner as provided for in sections 31-1406 and 31-1407, Idaho Code.
If a majority of the electors voting at such election shall vote to dissolve the fire protection district, the board of county commissioners shall, after certifying the results of such election, enter an order upon the minutes of its official proceedings dissolving said fire protection district, and such district shall thereupon be dissolved.
Provided, however, that whenever a petition requesting dissolution of a fire protection district is signed by the holders of title, or evidence of title, to all of the real property included within the fire protection district and is presented to the board of county commissioners of the county in which the fire protection district is situated, accompanied by a map clearly designating the boundaries of the district, the board of county commissioners shall set a time for hearing of such petition, which time shall not be less than four (4) nor more than six (6) weeks from the date of the presenting and filing of said petition. A notice of the time and place of such hearing shall be published by said board once a week for three (3) successive weeks previous to such hearing, in a newspaper published within the county in which the fire protection district is situated. Said notice shall give the boundaries of the fire protection district and shall state that a petition has been filed to dissolve the same, and that on the date fixed for the hearing, any resident, taxpayer, or creditor of such fire protection district may appear and offer any objection to the dissolving of the fire protection district. If at such hearing, no protests are made to the granting of the petition, the board of county commissioners shall enter an order upon the minutes of its official proceedings dissolving such fire protection district, and such district shall thereupon be dissolved. If, however, any protests from residents, taxpayers, or creditors of the district are entered at such hearing, the board of county commissioners shall, within thirty (30) days of said hearing, determine whether or not such fire protection district shall be dissolved and shall cause an order to that effect to be entered upon the minutes of its official proceedings. If the board determines that the fire protection district shall be dissolved, such dissolution shall be effective as of the date of the entry of such order upon the minutes.
The property of such district shall remain the property of the county in which such district is located and any money remaining in the fund of such district shall be expended in the maintenance and repair of the highways of such district whether such highways at the time of the dissolution, are in the incorporated territory or in unincorporated territory.
If the district is situated in two (2) or more counties, each board of county commissioners shall coordinate the hearing date and the publications of notice so that only one (1) hearing need be held. Unless otherwise agreed to by each board of county commissioners involved, the hearing shall be held at the administrative offices of the district, and the boards of county commissioners are hereby specifically authorized to act in a joint manner for such purposes. If an election is called, the boards of county commissioners shall provide that the election be held on the same day in each county, and the boards of county commissioners shall coordinate the canvass of the votes cast and make one (1) joint announcement. If a majority of votes in any county are against the dissolution of the district, such rejection shall void the dissolution of the district in all counties.
[(31-1434) 31-1435, added 1943, ch. 161, sec. 35, p. 324; am. 1945, ch. 115, sec. 1, p. 177; am. 1949, ch. 154, sec. 1, p. 330; am. 1974, ch. 52, sec. 1, p. 1112; am. 1980, ch. 350, sec. 8, p. 894; am. 1986, ch. 137, sec. 9, p. 371; am. and redesig. 2006, ch. 318, sec. 35, p. 1011.]
The several parts and provisions of this chapter are hereby declared independent and severable and the invalidity of any part or feature thereof shall not affect, impair, or invalidate the remainder of said section, or any part thereof.
[(31-1435) 31-1436, added 1943, ch. 161, sec. 36, p. 324; am. and redesig. 2006, ch. 318, sec. 36, p. 1013.]
No person, corporation, partnership or association which is authorized by any city fire department, fire protection district or by any volunteer fire company to receive any report of fire or which agrees to receive and transmit the report to the fire department, fire protection district or volunteer fire company, shall be liable in any civil action for damage to property or persons, including death, caused by delay in reporting or failure to report the fire, unless the delay or failure is the result of the gross negligence of the person, corporation, partnership or association.
[(31-1436) 31-1437, added 1955, ch. 188, sec. 1, p. 410; am. 1984, ch. 202, sec. 8, p. 498; am. and redesig. 2006, ch. 318, sec. 37, p. 1013.]
Territory withdrawn from any fire protection district shall continue to be subject to taxation for the payment of the principal of and interest on any indebtedness, whether evidenced by bonds, notes, or other similar evidences of indebtedness created by election outstanding upon the effective date of withdrawal as fully as though the territory had not been withdrawn. For the purpose of discharging the indebtedness and interest thereon and other obligations, the territory shall be considered a part of the district the same as though not withdrawn. All provisions which could have been used to compel the payment by the withdrawn territory of its portion of the indebtedness and interest thereon had the withdrawal not occurred can be used to compel the payment on the part of the withdrawn territory of the portion for which it is liable. Provided, however, by mutual agreement, the entity annexing or withdrawing territory from the district may acquire the capital assets which represent the proceeds of the indebtedness and pay off or assume the indebtedness to the extent otherwise permitted by law and the terms of the underlying obligation.
[(31-1437) 31-1438, added 1989, ch. 133, sec. 1, p. 299; am. and redesig. 2006, ch. 318, sec. 38, p. 1013.]
The board of commissioners must not hear or consider any claim against the county unless accompanied by a receipt or documentation giving all items of the claim, duly certified by the authorized county official that the amount claimed is justly due or services were rendered. No claim shall be paid if not presented to the board within a year from the date the bill was generated.
[(31-1501) 1868, p. 100, sec. 12; R.S., sec. 1773; reen. R.C. & C.L., sec. 1947; C.S., sec. 3506; am. 1923, ch. 153, sec. 1, p. 223; I.C.A., sec. 30-1105; am. 1973, ch. 288, sec. 1, p. 612; am. and redesig. 1995, ch. 61, sec. 6, p. 136.]
The board must require their clerk to furnish them with a list of all bills and accounts of every nature, giving the name of each person in whose favor an account or bill has been allowed, with the amount allowed him and out of what fund the same is to be paid. The board must review the list and certify to its correctness. The county treasurer must pay no warrant that does not correspond with said list.
[(31-1502) R.S., sec. 1766; reen. R.C. & C.L., sec. 1943; C.S., sec. 3502; I.C.A., sec. 30-1101; am. and redesig. 1995, ch. 61, sec. 7, p. 136.]
The board must not for any purpose contract debts or liabilities, except in pursuance of law. They must not allow any account of any county officer while he neglects or refuses to perform any duty required of him by law or is liable upon any official or other bond.
[(31-1503) R.S., sec. 1771; modified by 1899, p. 405, sec. 4; compiled and reen. R.C. & C.L., sec. 1945; C.S., sec. 3504; I.C.A., sec. 30-1103; am. 1933, ch. 43, sec. 1, p. 57; am. 1995, ch. 61, sec. 8, p. 137.]
Claims of county coroners for the burial of the county poor heretofore paid by the counties are hereby declared to be legal claims and the county coroners are hereby released from any liability to reimburse the counties for the payment of the same.
[(31-1504) I.C.A., sec. 30-1104a, as added by 1937, ch. 115, sec. 1, p. 172; am. and redesig. 1995, ch. 61, sec. 9, p. 137.]
When the board finds that any claim presented is not payable by the county, or is not a proper county charge, it must be rejected. If they find it to be a proper county charge, but greater in amount than is justly due, the board may allow the claim in part and draw a warrant for the portion allowed, on the claimant filing a receipt in full for his account. If the claimant is unwilling to receive such amount in full payment, the claim may be again considered at the next regular succeeding session of the board, but not afterward.
[(31-1505) R.S., sec. 1775; reen. R.C. & C.L., sec. 1949; C.S., sec. 3508; I.C.A., sec. 30-1107; am. and redesig. 1995, ch. 61, sec. 10, p. 137.]
(1) Unless otherwise provided by law, judicial review of any final act, order or proceeding of the board as provided in chapter 52, title 67, Idaho Code, shall be initiated by any person aggrieved thereby within the same time and in the same manner as provided in chapter 52, title 67, Idaho Code, for judicial review of actions.
(2) Venue for judicial review of final board actions shall be in the district court of the county governed by the board.
[[31-1506] 31-1509. added 1993, ch. 103, sec. 2, p. 262; am. 1994, ch. 241, sec. 1, p. 760; am. and redesig. 1995, ch. 61, sec. 11, p. 138; am. 2013, ch. 282, sec. 1, p. 731.]
If the board of county commissioners declares an emergency pursuant to section 31-1608, Idaho Code, the process of funding registered warrants shall conform with current banking and accounting requirements.
When necessary, the county treasurer shall identify ways of redeeming warrants, including short term borrowing from other county funds at market interest rates, until a warrant redemption levy is established as provided in section 63-806(1), Idaho Code. To this end, the county treasurer may contact local financial institutions about currently available interim financing options. After reviewing the alternatives provided by the county treasurer, the board of county commissioners shall, by resolution, select the method of financing and the interest rate to be paid and direct the county auditor to establish the warrant redemption fund. The county treasurer shall complete necessary arrangements to secure sufficient funds to redeem registered warrants.
[(31-1507) I.C., sec. 31-1512, as added by 1994, ch. 35, sec. 2, p. 54; am. and redesig. 1995, ch. 61, sec. 12, p. 138; am. 1996, ch. 322, sec. 11, p. 1040.]
The board must not transfer any money from one fund to another nor in any manner divert the money in any fund to other uses, except in cases expressly provided and permitted by law: provided, that when any money shall have been assessed and collected in any of the counties of this state, and the same set apart as a separate fund, for special purpose, and from any cause the money in said fund shall have become inoperative for the purpose for which said fund was created, it shall be lawful for the board of county commissioners in such cases to transfer the money in said fund to such fund as the board of county commissioners may deem best. No transfer of money from one (1) county fund to another county fund shall be made upon the books of the county auditor and county treasurer unless the same is so authorized and so ordered by resolution of the board entered upon the records of its proceedings and certified copies of such resolution filed in the office of the county auditor and county treasurer.
The board shall not make any preferred creditor, nor cause any warrant to be drawn payable out of its order except on the order of the district court in cases provided by law, and the county treasurer shall in all things observe these instructions.
[(31-1508) 1868, p. 100, sec. 10; R.S., sec. 1767; reen. R.C. & C.L., sec. 1944; C.S., sec. 3503; I.C.A., sec. 30-1102; am. 1989, ch. 10, sec. 1, p. 12; am. and redesig. 1995, ch. 61, sec. 13, p. 138; am. 1996, ch. 322, sec. 12, p. 1040.]
The system for accounting of receipts, expenditures, and reporting in each county shall meet the criteria of generally accepted accounting principles or the governmental accounting standards board and as the same may be hereafter amended and revised and, upon notification by the state controller, shall conform to the provisions of the uniform accounting manual for local governmental entities as authorized by section 67-1075, Idaho Code.
[31-1509, added 1995, ch. 61, sec. 14, p. 139; am. 2021, ch. 89, sec. 7, p. 304.]
(1) A "warrant" is an order drawn by the board of county commissioners directing the county treasurer to pay a specified amount to a person named or to the bearer. It may be payable on demand or it may be issued as a short-term obligation payable. Determination of warrant type in each county shall be set by the board of county commissioners after consultation with the county treasurer and county auditor.
(2) A "registered warrant" is a warrant drawn on a fund which has insufficient funds to pay it and has been identified and logged by the county treasurer and county auditor and thereafter paid in the order of its presentation.
[31-1510, added 1994, ch. 35, sec. 2, p. 54.]
Warrants payable on demand and drawn by order of the board of county commissioners on the county treasury shall be jointly issued and signed by the county auditor and the county treasurer. If the board of commissioners chooses to issue warrants not payable upon demand, they shall be issued by the county auditor and redeemed by the county treasurer. Warrants must specify the liability for which they are drawn, when accrued, and must be paid in the order of presentation to the county treasurer. If the fund is insufficient to pay any warrant, it must be registered and thereafter paid in the order of its registration.
[31-1511, added 1994, ch. 35, sec. 2, p. 54.]
The fiscal year of each county of this state shall commence on the first day of October of each year.
[(31-1601) 1931, ch. 122, sec. 1, p. 210; I.C.A., sec. 30-1201; am. 1976, ch. 45, sec. 9, p. 127.]
(1) The county auditor of each county in this state shall be the budget officer of his county and, as such budget officer, it shall be his duty to compile and prepare a preliminary budget for consideration by the county commissioners of his county, and upon the adoption of the final budget, as hereinafter provided, it shall be his duty to see that the provisions thereof are complied with.
(2) On or before the first Monday in May of each year, the county budget officer shall notify, in writing, each county official, elective or appointive, in charge of any office, department, service, agency, or institution of the county to file with such budget officer, on or before the third Monday in May thereafter, an itemized estimate showing both the probable revenues from sources other than taxation that will accrue to his office, department, service, agency, or institution during the fiscal year, to which the budget is intended to apply, and all expenditures required by such office, department, service, agency, or institution, for the same period, together with a brief explanatory statement of the request.
(3) Said estimates and reports shall be submitted upon forms furnished by the budget officer showing the entire revenues and expenditures under each classification and subdivision thereof for the two (2) preceding fiscal years, the amount actually received and expended to the second Monday of April of the current fiscal year, and the estimated total receipts and expenditures for the current fiscal year and show any and all estimated balances, at the end of the current fiscal year, in any appropriation available and applicable to the functions performed by such office, department, service, agency, or institution.
(4) Said estimates of probable expenditures shall be under classifications set by the board of county commissioners, to include, at a minimum, the "salaries, benefits, and detail of other expenses."
(5) If any county official, elective or appointive, in charge of any office, department, service, agency, or institution has had, or contemplates having, any expenditures, the reports of which cannot be properly made under any of the above classifications, the same shall be reported in detail in addition to the information provided for in said forms.
(6) Any official or employee failing or refusing to furnish said estimates or information within the time provided in this section shall pay a penalty of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) as may be determined by order of the board of county commissioners, said penalty to be deducted by the county auditor from the next salary warrant due such official or employee and credited to the current expense fund of said county.
(7) In the event of the absence, failure, or disability of any official or employee required to furnish estimates and information, as provided in this section, the budget officer may designate any person temporarily in charge of such office, department, service, agency, or institution to furnish said estimates and information required by this chapter. Provided, however, if for any cause said estimates and information are not filed with the budget officer in proper time to be included in the county budget provided for in this chapter, the budget officer shall prepare an estimate of expenditures for any such office, department, service, agency, or institution so failing to file its estimate, and such estimate so prepared by the budget officer and approved by the county commissioners shall be the budget for that office, department, service, agency, or institution for the fiscal year to which the budget is intended to apply.
(8) Upon notification by the state controller, budget information shall conform to the standards established in the uniform accounting manual for local governmental entities pursuant to section 67-1075, Idaho Code.
[(31-1602), added 1931, ch. 122, sec. 2, p. 210; I.C.A., sec. 30-1202; am. 1976, ch. 45, sec. 10, p. 127; am. 1982, ch. 191, sec. 1, p. 515; am. 1995, ch. 61, sec. 15, p. 139; am. 2021, ch. 89, sec. 8, p. 304.]
Upon the receipt by the county budget officer of the estimates and information from all offices, departments, services, agencies and institutions of the county, or the preparation thereof by said budget officer, as hereinabove provided, said county budget officer shall prepare and file with the board of county commissioners a suggested budget of said county for the ensuing fiscal year. Said suggested budget shall show, so far as practicable, the complete financial program of the county for the ensuing fiscal year by showing all contemplated expenditures and the source of revenues with which to pay the same.
[(31-1603) 1931, ch. 122, sec. 3, p. 210; I.C.A., sec. 30-1203; am. 1976, ch. 45, sec. 11, p. 129; am. 1978, ch. 271, sec. 2, p. 629; am. 1995, ch. 61, sec. 16, p. 140.]
(1) The suggested budget prepared by the county budget officer as provided in this chapter, together with the estimates and information furnished by the various offices, departments, services, agencies, and institutions of the county, shall be submitted by said county budget officer to the board of county commissioners of his county on or before the first Monday in August of each year; said county commissioners shall convene to consider said proposed budget in detail and make any alterations allowable by law and which they deem advisable and agree upon a tentative amount to be allowed and appropriated for the ensuing fiscal year to each office, department, service, agency, or institution of the county. Such allowances or appropriations shall be made under the classifications of:
"Salaries" or "salaries and benefits," and
"Detail of other expenses," or "detail of other expenses and benefits," and may include "benefits," as a separate category as provided in this chapter.
(2) When the commissioners have agreed on such tentative appropriations, the county budget officer, not later than the third week in August, shall cause notice to be published setting forth the amount of anticipated revenue from property taxes and the total of revenues anticipated from sources other than property taxes and the amount proposed to be appropriated to each office, department, service, agency, or institution for the ensuing fiscal year, in not less than two (2) classifications and which shall include "salaries," or "salaries and benefits," and "detail of other expenses," or "detail of other expenses and benefits," and which may include "benefits" as a separate classification together with the amounts expended under these classifications during each of the two (2) previous fiscal years by each office, department, service, agency, or institution. The notice shall also provide that the board of county commissioners will meet on or before the Tuesday following the first Monday in September, next succeeding, for the purpose of considering and fixing a final budget and making appropriations to each office, department, service, agency, or institution of the county for the ensuing fiscal year at which time any taxpayer may appear and be heard upon any part or parts of said tentative budget and fixing the time and place of such meeting. Said notice shall be published in a newspaper as prescribed in section 31-819, Idaho Code.
(3) Upon notification by the state controller, the classification of appropriations shall conform to the standards established in the uniform accounting manual for local governmental entities pursuant to section 67-1075, Idaho Code.
[(31-1604), added 1931, ch. 122, sec. 4, p. 210; I.C.A., sec. 30-1204; am. 1976, ch. 45, sec. 12, p. 130; am. 1981, ch. 318, sec. 1, p. 662; am. 1993, ch. 25, sec. 1, p. 86; am. 1995, ch. 61, sec. 17, p. 141; am. 1997, ch. 48, sec. 1, p. 82; am. 2021, ch. 89, sec. 9, p. 305.]
On or before the Tuesday following the first Monday in September of each year the board of county commissioners shall meet at the time and place designated in said notice. Any taxpayer may appear and be heard upon any part or parts of said tentative budget. Such hearing may be continued from day to day but must be concluded by the second Monday in September. Any officer or employee in charge of any office, department, service, agency or institution of the county may be called before said board at the time the estimates for his office, department, service, agency or institution are under consideration and be examined by said board or any taxpayer concerning the expenditures made by him and the estimated expenditures for the ensuing fiscal year.
Upon the conclusion of such hearing, the county commissioners shall fix and determine the amount of the budget, which in no event shall be greater than the amount of the tentative budget or include an amount to be raised from property taxes greater than the amount advertised, and by resolution adopt the budget and enter said resolution on the official minutes of the board.
Said budget as finally adopted for the ensuing fiscal year shall specify the fund or funds against which warrants shall be issued for the expenditures so authorized, respectively, and the aggregate of expenditures authorized against any fund shall not exceed the estimated revenues to accrue to such fund during the ensuing fiscal year from sources other than taxation together with any balances and plus revenues to be derived from taxation for such ensuing fiscal year, within the limitations imposed by chapter 8 of title 63, Idaho Code, or by any statutes of the state of Idaho in force and effect.
Thereafter, at the time provided by law, the board of county commissioners shall fix the levies for the ensuing fiscal year necessary to raise the amount of expenditures as determined by the adopted budget, less the total estimated revenues from sources other than taxation, including available surplus, not subject to the provisions of section 31-1605A, Idaho Code, as determined by the board, and such expenditures as are to be made with the proceeds of authorized bond issues.
During the year the county commissioners may proceed to adjust the budget as adopted to reflect the receipt of unscheduled revenue, grants, or donations from federal, state or local governments or private sources, provided that there shall be no increase in anticipated property taxes. The annual budget procedure shall be complied with as nearly as practicable before the budget may be adjusted.
The board shall also have the right to make a "general reserve appropriation," said appropriation not to exceed five per cent (5%) of the current expense budget as finally adopted, the total levy however, for current expense, including the "general reserve appropriation," to be within the limitations imposed by chapter 8 of title 63, Idaho Code, or by any statutes of the state of Idaho in force and effect. In the event of any unforeseen contingency arising, which could not reasonably have been foreseen at the time of making the budget, and which shall require the expenditure of money not provided for in the budget, the board of county commissioners, by unanimous vote thereof, shall have the right to make an appropriation from the "general reserve appropriation" to the office, department, service, agency or institution in which said contingency arises, in such amount as shall be determined by resolution of said board. Provided, however, that no appropriation may be made from the "general reserve appropriation" to any county fund which is authorized under the law to make a special levy.
[(31-1605) 1931, ch. 122, sec. 5, p. 210; I.C.A., sec. 30-1205; am. 1975, ch. 153, sec. 1, p. 393; am. 1976, ch. 45, sec. 13, p. 131; am. 1981, ch. 318, sec. 2, p. 663; am. 1990, ch. 24, sec. 1, p. 37; am. 1995, ch. 61, sec. 18, p. 142; am. 1996, ch. 322, sec. 13, p. 1041.]
Counties may accumulate fund balances at the end of a fiscal year and carry over such fund balances into the ensuing fiscal year sufficient to achieve or maintain county operations on a cash basis. A fund balance is the excess of the assets of a fund over its liabilities and reserves. Upon resolution by the board of county commissioners, such funds may be carried over for the use of specific county departments as an additional appropriation in the next fiscal year.
[31-1605A, added 1976, ch. 45, sec. 14, p. 133; am. 1995, ch. 61, sec. 19, p. 143.]
(1) The estimates of expenditures as classified in each of the three (3) general classes, "salaries," "benefits" and "detail of other expenses," required in section 31-1602, Idaho Code, as finally fixed and adopted as the county budget by said board of county commissioners, shall constitute the appropriations for the county for the ensuing fiscal year. Each and every county official or employee shall be limited in making expenditures or the incurring of liabilities to the respective amounts of such appropriations. Provided, in the case of road and bridge appropriations, other than "salaries" and "benefits," any lawful transfer deemed necessary may be made by resolution formally adopted by the board of county commissioners at a regular or special meeting thereof, which action must be entered upon the minutes of said board; provided, further, that no salary may be increased during the ensuing year after the final budget is adopted without resolution of the board of county commissioners, which resolution shall be entered in the minutes.
(2) Upon notification by the state controller, budget and appropriations information shall conform to the standards established in the uniform accounting manual for local governmental entities pursuant to section 67-1075, Idaho Code.
[(31-1606), added 1931, ch. 122, sec. 6, p. 210; I.C.A., sec. 30-1206; am. 1976, ch. 45, sec. 15, p. 133; am. 1995, ch. 61, sec. 20, p. 143; am. 2021, ch. 89, sec. 10, p. 306.]
Where any budget shall contain an expenditure program to be financed from a bond issue to be authorized thereafter, no such expenditures shall be made or incurred until such bonds have been duly authorized and the proceeds therefrom are available.
Expenditures made, liabilities incurred or warrants issued in excess of any of the budget appropriations or as revised by transfer as herein provided, shall not be a liability of the county, but the official making or incurring such liability, expenditure, or issuing such warrant shall be liable therefor personally and upon his official bond, as is hereinafter provided. The county auditor shall issue no warrant and the county commissioners shall approve no claim for any expenditure in excess of said budget appropriations or as revised under the provisions hereof, except upon an order of a court of competent jurisdiction, or for emergencies as hereinafter provided. Any county officer creating any liability or any county commissioner or commissioners, or county auditor approving any claim or issuing any warrant in excess of any such budget appropriation, except as above provided, shall be liable to the county for the amount of such claim or warrant which amount shall be recovered by action against such county official, elective or appointive, county commissioner or commissioners or auditor, or all of them and their several sureties on their official bonds. It shall be the duty of the prosecuting attorney of such county to bring such action in the name of said county in any court of competent jurisdiction; provided, that no action shall be maintained or prosecuted for any liability heretofore or hereafter incurred under the provisions of chapter 232 of the Idaho Session Laws, 1927, as amended by chapter 138 of the Idaho Session Laws, 1929, upon any state of facts which will not support an action under the provisions of this act.
[(31-1607) 1931, ch. 122, sec. 7, p. 210; I.C.A., sec. 30-1207.]
Upon the happening of any emergency caused by fire, flood, explosion, storm, epidemic, riot or insurrection, or for the immediate preservation of order or of public health or for the restoration to a condition of usefulness of public property, the usefulness of which has been destroyed by accident, or for the relief of a stricken community overtaken by a calamity, or the settlement of approved claims for personal injuries or property damages, exclusive of claims arising from the operation of any public utility owned by the county, or to meet mandatory expenditures required by law, or the investigation and/or prosecution of crime, punishable by death or life imprisonment, when the board has reason to believe such crime has been committed in its county, the board of county commissioners may, upon the adoption, by the unanimous vote of the commissioners, of a resolution stating the facts constituting the emergency and entering the same upon their minutes, make the expenditures necessary to investigate, provide for and meet such an emergency.
All emergency expenditures may be paid from any moneys on hand in the county treasury in the fund properly chargeable with such expenditures, and the county treasurer is hereby authorized to pay such warrants out of any moneys in the treasury in any such fund. If at any time there shall be insufficient moneys on hand in the treasury to pay any of such warrants, then such warrants shall be registered, bear interest, and be called in the manner provided by law for other county warrants.
The county budget officer shall include in the annual budget to be submitted to the board of county commissioners, the total amount of emergency warrants issued, registered and unpaid, during the current fiscal year and the board of county commissioners shall include in their appropriation an amount equal to the total of such registered and unpaid warrants.
[(31-1608) 1931, ch. 122, sec. 8, p. 210; I.C.A., sec. 30-1208; am. 1976, ch. 45, sec. 16, p. 134.]
All appropriations, other than appropriations for incompleted improvements in progress of construction, shall lapse at the end of the fiscal year; provided, that the appropriation accounts may remain open until the first Monday in November for the payment of claims incurred against such appropriations prior to the close of the fiscal year. After the said first Monday in November the appropriations, except as herein provided regarding incompleted improvements, shall become null and void and any lawful claims presented thereafter against any such appropriations shall be provided for in the next ensuing budget. All balances in any appropriation for incomplete improvements in progress of construction, shall be carried forward and shown in the budget for the ensuing year to the credit of such improvement.
[(31-1609) 1931, ch. 122, sec. 9, p. 210; I.C.A., sec. 30-1209; am. 1976, ch. 45, sec. 17, p. 135; am. 1989, ch. 11, sec. 1, p. 12.]
On or before the last day of January, April, July and October in each fiscal year, the county budget officer shall submit to the board of county commissioners a statement showing the expenditures and liabilities against each separate budget appropriation incurred during the time elapsed of the budget period as nearly as practicable, together with the unexpended and unencumbered balance of each appropriation for each office, department, service, agency and institution. He shall set forth the receipts from taxation and from sources other than taxation for the same period and call to the attention of the board of county commissioners any and all facts indicating any possible deficit or excessive expenditure by any officer or employee that the board may take such action as may be deemed necessary and expedient to prevent such possible deficit or excessive expenditure from any appropriation provided for in the county budget.
[(31-1611) 1931, ch. 122, sec. 11, p. 210; I.C.A., sec. 30-1211; am. 1976, ch. 45, sec. 19, p. 135; am. 1995, ch. 61, sec. 22, p. 144.]
If any section, subsection, sentence, clause or phrase of this act is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act.
[(31-1613) 1931, ch. 122, sec. 13, p. 210; I.C.A., sec. 30-1213.]
The board of county commissioners of every county shall cause to be made, annually, a full and complete audit of the financial transactions of the county. Such audit shall be made by and under the direction of the board of county commissioners as required in section 67-450B, Idaho Code.
[31-1701, added 1977, ch. 71, sec. 2, p. 134; am. 1993, ch. 327, sec. 14, p. 1204; am. 1993, ch. 387, sec. 3, p. 1419.]
In each instance where the duties of the sheriff of any county require him, in his official capacity, to incur traveling and hotel expenses, training, or any duty requiring the need of a warrant, for himself or his deputies, he may, prior to the incurring thereof, make demand on the county auditor for a warrant on the county treasurer and shall receive a sum not to exceed the amount set aside under the provisions of section 31-1802, Idaho Code, to be used for the purpose of defraying the whole or a part of said traveling and hotel expenses, training, or any duty requiring the need of a warrant. At the time demand is made on the county auditor for said warrant it shall be the duty of the sheriff to file with the auditor a statement specifying the general purpose for which the sum to be withdrawn is to be used.
[(31-1801) 1921, ch. 228, sec. 1, p. 516; I.C.A., sec. 30-1301; am. 1989, ch. 44, sec. 1, p. 56; am. 2003, ch. 40, sec. 2, p. 161.]
There shall be set aside by the board of county commissioners of each county upon the request of the sheriff thereof by order entered in their minutes a sum not exceeding ten thousand dollars ($10,000), to be known as the "Sheriff’s Revolving Expense Fund," in this chapter referred to as the fund, out of which fund any warrants drawn under the provision of this chapter shall be paid. The amount set aside for such fund shall be charged by the auditor against the sheriff and the board of county commissioners may require of the sheriff, a bond, in addition to his official bond, in such sum as the board may determine, to secure the repayment of such sum or sums withdrawn. The fund so set aside shall remain in the county treasury subject to withdrawal and reimbursement as herein provided.
[(31-1802) 1921, ch. 228, sec. 2, p. 516; I.C.A., sec. 30-1302; am. 1989, ch. 44, sec. 2, p. 57; am. 2003, ch. 40, sec. 3, p. 161.]
After the performance of the duty, which necessitated the incurring of traveling and hotel expenses, training, or any duty requiring the need of a warrant, and the withdrawal of money has been made, as in this chapter provided, the board of county commissioners may require the sheriff to present his itemized claim for such traveling and hotel expenses, training, or any duty requiring the need of a warrant, as other claims are presented to the board of county commissioners, which body shall audit said claims for allowance or rejection. For those items allowed it shall be the duty of the board of county commissioners to order a warrant drawn, payable to the county treasurer for the total amount of the items allowed, which warrant shall be delivered to the county auditor. If any item of said claim is disallowed, the sheriff shall deposit with the county auditor an amount equal to the amount disallowed, together with any unexpended portion of the amounts withdrawn, which amounts, together with the warrant drawn in favor of the county treasurer for the amount of items allowed, shall be credited by the county auditor to the sheriff and shall be deposited by the auditor in the county treasury and placed to the credit of the fund.
[(31-1803) 1921, ch. 228, sec. 3, p. 516; I.C.A., sec. 30-1303; am. 1989, ch. 44, sec. 3, p. 57; am. 2003, ch. 40, sec. 4, p. 161.]
Any sheriff failing to make repayment, as herein provided, to the said fund, shall be guilty of a misdemeanor.
[(31-1804) 1921, ch. 228, sec. 4, p. 516; I.C.A., sec. 30-1304.]
The board of county commissioners of any county in this state may issue negotiable coupon bonds of their county for the purpose of paying, redeeming, funding or refunding the outstanding indebtedness of the county, including an obligation meeting the criteria of section 63-1315, Idaho Code, whether the indebtedness exists as a warrant indebtedness or bonded indebtedness. All such bonds shall be in the form and shall be issued, sold or exchanged and redeemed in accordance with the provisions of chapter 2, title 57, Idaho Code, known as the "municipal bond law" of the state of Idaho, except where different provision is made herein. Provided, that the authority to fund warrant indebtedness shall extend only to the funding of warrant indebtedness existing as of the second Monday in January, 1933, and providing further that all taxes and other revenues which but for the funding of warrants would have been lawfully applicable to the redemption of the warrants so funded shall, as and when collected, be apportioned to and placed in the sinking fund for the payment of the interest and retirement of the principal of such bonds. Bonds issued for the purpose of funding warrants shall bear interest payable semiannually as the board of county commissioners may determine.
[(31-1901) added 2012, ch. 339, sec. 15, p. 944; am. 2019, ch. 205, sec. 3, p. 626.]
For the purpose of extending the time of payment of said outstanding indebtedness, or reducing the interest charged, or when the interests of the county require it, the board may issue said bonds in exchange for bonds, theretofore issued by the county or for valid and legal warrants of the county outstanding on the second Monday of January, 1933, and may do so by resolution of the board at a regular meeting thereof, and without a vote of the people. Before any bonds shall be issued or exchanged under this section, the board of county commissioners shall ascertain that the bonds or warrants the payment of which is to be extended, or which are to be taken in exchange for the new issue of bonds, are valid and legal obligations of the county, and their findings of fact shall be entered of record on the minutes of their proceedings at least ten (10) days before any exchange is made, as herein provided. The said board shall also, before issuing any bonds under this section, deduct from the total outstanding legal indebtedness of the county at the time of the issue of said bonds, the cash on hand in the treasury of the county, that is available for the payment of said legal indebtedness, or any part thereof, and the issue of bonds as in this section provided for, shall in no case exceed the aggregate or total legal indebtedness of the county then outstanding, less the cash on hand to be applied in payment and discharge of said indebtedness.
[(31-1902) R.S., sec. 3603; am. 1895, p. 56, subd. 3603; reen. 1899, p. 136, sec. 1; reen. R.C., sec. 1961; compiled and reen. C.L., sec. 1961; C.S., sec. 3520; I.C.A., sec. 30-1402; am. 1933, ch. 153, sec. 2, p. 231.]
When the interests of the county require it and the board of commissioners of the county deem it for the public good to bond the county to fund or refund the outstanding obligations or indebtedness of the county or bond the county for the purpose of acquiring funds for purchasing a site and erecting a courthouse and jail, a public auditorium or a jail thereon, or for the construction or repair of roads or bridges, or to assist any city or village in said county in constructing a free bridge over any navigable stream within, or partly within, or adjoining, the limits of any such city or village, or for purchasing, improving and equipping air navigation facilities as defined in chapter 4, title 21, Idaho Code, which facilities may be wholly or partly within or without the limits of such county, or wholly or partly within or without the state of Idaho, or for purchasing public open-space land and/or easements for scenic and recreational purposes, or for any one (1) or more said purposes, and the indebtedness or liability of the county that may be created by the bonding, funding or refunding aforesaid, or in purchasing a site and erecting a courthouse and jail, a public auditorium or a jail thereon, and for the construction or repair of roads or bridges, or for assisting any city or village in the construction of any such free bridge as aforesaid, or for purchasing, improving and equipping air navigation facilities, or for purchasing public open-space land and/or easements for scenic and recreational purposes, or for any one (1) or more of said purposes, exceeds the income or revenue of the county for that year, the board of commissioners may issue bonds of the county as provided by sections 31-1901 and 31-1902, Idaho Code, and by the "municipal bond law" of the state of Idaho: provided, that the issuance of such bonds, except funding or refunding bonds, be first authorized by a vote of two-thirds (2/3) of the qualified electors of the county, voting at an election held, subject to the provisions of section 34-106, Idaho Code, for that purpose, as hereinafter provided and as provided in the "municipal bond law" and, provided, further, that before the board of county commissioners shall issue any bonds to fund or refund the indebtedness of the county as in the section provided, they shall deduct from the legal indebtedness of the county, at the time of the issue of said bonds, the cash on hand in the county treasury applicable to the discharge of said indebtedness, and may issue bonds for the remainder of the indebtedness.
[(31-1903) R.S., sec. 3604; am. 1895, p. 56, sec. 1; reen. 1899, p. 136, sec. 1; am. 1899, p. 443, sec. 1, subd. 3604; reen. R.C. & C.L., sec. 1962; C.S., sec. 3521; am. 1927, ch. 262, sec. 11, p. 546; I.C.A., sec. 30-1403; am. 1955, ch. 239, sec. 1, p. 537; am. 1967, ch. 59, sec. 1, p. 122; am. 1995, ch. 118, sec. 31, p. 456; am. 1999, ch. 125, sec. 1, p. 365.]
Should any part of a county that has incurred a bonded indebtedness be cut off and annexed to another county, or erected into a new or separate county, the assessor of the county to which the segregated portion is attached, or the assessor of the new county created as aforesaid, shall, upon notice from the board of county commissioners of the original county from which such segregated portion was detached, given at the regular session of the board when county and state taxes are levied, collect in said segregated territory, and in addition to the other taxes collected by him for county and state purposes, and at the same time and in the same manner, the tax levied by said board of commissioners as herein provided; and the laws of the state relating to the levy and collection of taxes, and prescribing the powers, duties and liabilities of officers charged with the collection and disbursement of the revenue arising from taxes, are made applicable to this article. The money collected by the assessor as aforesaid shall be paid over by the treasurer of the county collecting it to the treasurer of the county losing the said territory, and for the purposes herein directed, but such segregated territory so attached to another county, or erected into a new county, shall be relieved of the annual tax, levied as provided in the foregoing section, when the county acquiring the same, or the new or separate county, pays to the county losing the territory, that proportion of the whole indebtedness, together with legal interest thereon, that the assessed value of property in the segregated territory bears to the assessed value of the property in the whole county, as constituted before the division or segregation thereof.
[(31-1904) R.S., sec. 3606; am. 1895, p. 56, subd. 3606; reen. 1899, p. 136, sec. 1; reen. R.C. & C.L., sec. 1964; C.S., sec. 3523; I.C.A., sec. 30-1404.]
If the question of bonding the county as herein provided is submitted to the voters, the election shall be held as provided in section 34-106, Idaho Code, and shall be conducted in all respects in conformity with title 34, Idaho Code. The number of qualified electors of the county voting at such bond election shall be solely determined by the number of votes cast on the specific question of bonding the county.
[31-1905, added 1988, ch. 278, sec. 2, p. 909; am. 1993, ch. 313, sec. 2, p. 1158; am. 1995, ch. 118, sec. 32, p. 457.]
The officers of a county are:
A sheriff.
A clerk of the district court, who shall be ex officio auditor and recorder, and ex officio clerk of the board of county commissioners.
An assessor.
A prosecuting attorney.
A county treasurer, who shall be ex officio public administrator and ex officio tax collector.
A coroner.
Three (3) members of the board of county commissioners.
[(31-2001) R.S., sec. 2150; am. R.C., sec. 1973; compiled and reen. C.L., sec. 1973; C.S., sec. 3543; I.C.A., sec. 30-1501; am. 1963, ch. 88, sec. 1, p. 283; am. 1970, ch. 120, sec. 3, p. 284.]
(1) Notwithstanding any provision of law to the contrary, the attorney general may conduct an investigation of any allegation of a violation of state criminal law against a county officer occupying an elective office for violation of state criminal law in his official capacity.
(2) Upon completion of the investigation, the attorney general shall:
(a) Issue a finding of no further action necessary;
(b) Suggest training or other nonjudicial remedies; or
(c) Determine that further investigation or prosecution is warranted and retain the matter and act as special prosecutor.
(3) In furtherance of the duty to conduct investigations set forth in the provisions of this section, the attorney general shall have the authority to issue subpoenas for the production of documents or tangible things that may be relevant to such investigations.
(4) For purposes of this section, a county officer occupying an elective office shall be deemed to have performed an act in his "official capacity" when such act takes place while the officer is working or claims to be working on behalf of his employer at his workplace or elsewhere, while the officer is at his workplace whether or not he is working at the time, and when such act involves the use of public property or equipment of any kind or involves the expenditure of public funds.
(5) Nothing in this section shall be construed to:
(a) Provide the attorney general with exclusive jurisdiction to conduct an investigation of an allegation of a violation of state criminal law against a county officer occupying an elective office for violation of state criminal law in his official capacity; or
(b) Preclude a county prosecuting attorney from investigating and prosecuting such violation or referring such violation to a neighboring county for investigation and prosecution.
[31-2002, added 2014, ch. 280, sec. 1, p. 707; am. 2016, ch. 135, sec. 1, p. 399; am. 2025, ch. 296, sec. 1, p. 1230.]
Every county officer except a commissioner may appoint as many deputies as may be necessary for the prompt and faithful discharge of the duties of his office.
[(31-2003) R.S., sec. 1815; am. 1888-1889, p. 13, sec. 1; reen. R.C. & C.L., sec. 1975; C.S., sec. 3545; I.C.A., sec. 30-1503; am. 1963, ch. 88, sec. 2, p. 283; am. 1970, ch. 120, sec. 5, p. 284.]
Any county officer who may be granted leave of absence from the county wherein he resides and holds office, is required to appoint a deputy to act for him and in his place while absent.
[(31-2004) 1874, p. 822, sec. 1; R.S., sec. 1816; reen. R.C. & C.L., sec. 1976; C.S., sec. 3546; I.C.A., sec. 30-1504; am. 1989, ch. 347, sec. 2, p. 874.]
Should any county officer who is granted leave of absence fail to appoint a deputy as required by this chapter, the act granting such leave of absence is null and void and the office vacant, and the vacancy must be filled by the board of county commissioners of the county.
[(31-2005) 1874, p. 822, sec. 2; am. R.S., sec. 1817; reen. R.C. & C.L., sec. 1977; C.S., sec. 3547; I.C.A., sec. 30-1505.]
When a county officer has more than one deputy he must designate one, by indorsement upon his appointment, as senior deputy, and in case of a vacancy in the office, by death, resignation, or otherwise, or of the officer’s absence, or inability to perform the duties of his office, such deputy must continue to perform the duties of the office during such vacancy, absence or inability.
[(31-2006) R.S., sec. 1818; reen. R.C. & C.L., sec. 1978; C.S., sec. 3548; I.C.A., sec. 30-1506.]
The appointment of deputies and subordinate officers must be documented and filed in the office of the county recorder.
[(31-2007) 1874, pp. 543, sec. 14; 1874, p. 556, sec. 6; R.S., sec. 1819; reen. R.C. & C.L., sec. 1979; C.S., sec. 3549; I.C.A., sec. 30-1507; am. 1989, ch. 347, sec. 3, p. 874.]
Whenever the official name of any principal officer is used in any law conferring power, or imposing duties or liabilities, it includes his deputies.
[(31-2008) R.S., sec. 1820; am. and reen. R.C. & C.L., sec. 1980; C.S., sec. 3550; I.C.A., sec. 30-1508.]
Sheriffs, recorders, treasurers, assessors, and in counties having a population of over 7,500, prosecuting attorneys must have their offices at the county seat, and keep them open for the transaction of business on such days and during such hours as the boards of county commissioners may prescribe. Provided, that in counties having a population of 7,500 or less, the prosecuting attorney must have an office at the county seat and must, by and with the approval of the board of county commissioners, establish such rules and hours for official business as may be necessary for the dispatch thereof.
[(31-2009) R.S., sec. 1822; am. and reen. R.C. & C.L., sec. 1981; C.S., sec. 3551; I.C.A., sec. 30-1509; am. 1941, ch. 44, sec. 1, p. 97; am. 1947, ch. 194, sec. 1, p. 471; am. 1955, ch. 134, sec. 1, p. 273; am. 1957, ch. 134, sec. 1, p. 227; am. 1963, ch. 11, sec. 1, p. 22; am. 1970, ch. 120, sec. 6, p. 284.]
Whenever, except in criminal prosecutions, any special penalty, forfeiture or liability is imposed on any officer for nonperformance or malperformance of official duty, the liability therefor attaches to the official bond of such officer and to the principal and sureties thereon.
[(31-2010) R.S., sec. 1823; reen. R.C. & C.L., sec. 1982; C.S., sec. 3552; I.C.A., sec. 30-1510.]
Every county officer may administer and certify oaths.
[(31-2011) R.S., sec. 1824; reen. R.C. & C.L., sec. 1983; C.S., sec. 3553; I.C.A., sec. 30-1511; am. 1970, ch. 120, sec. 7, p. 284.]
No county officer must absent himself from the state for more than twenty (20) days unless with the consent of the board of county commissioners: providing however, that where any elective or appointive county officer is required to absent himself by reason of being a member of the armed forces of the nation or by reason of official call to service in civilian war work, the consent of the board of county commissioners shall not be necessary.
[(31-2013) R.S., sec. 1826; am. 1897, p. 15, sec. 1; reen. 1899, p. 13, sec. 2; reen. R.C. & C.L., sec. 1985; C.S., sec. 3555; I.C.A., sec. 30-1513; am. 1943, ch. 66, sec. 2, p. 136; am. 1945, ch. 164, sec. 5, p. 245.]
Sheriffs, clerks of courts and their deputies are prohibited from practicing law or acting as attorneys or counselors-at-law, or having as a partner a lawyer or any one who acts as such. Provided, however, any county elected official, with the approval of the board of county commissioners, may hire an attorney to act as his legal advisor.
[(31-2014) R.S., sec. 1827; reen. R.C. & C.L., sec. 1986; C.S., sec. 3556; I.C.A., sec. 30-1514; am. 1989, ch. 347, sec. 4, p. 874.]
County and district officers must execute official bonds in the following amounts:
(1) County commissioners each in the sum of five thousand dollars ($5,000);
(2) County treasurers each in double the probable amount of money that may at any time come into his hands as such treasurer, to be fixed by the board of county commissioners: provided, if surety bond is given as provided in section 41-2707, Idaho Code, the bond need not exceed twenty-five percent (25%) of the probable amount that may be at hand at any one time, but in no case to be less than ten thousand dollars ($10,000);
(3) Sheriffs each in the sum of ten thousand dollars ($10,000);
(4) Clerks of the district court each in the penal sum of five thousand dollars ($5,000), with two (2) sufficient sureties, to be approved by the judge of the district conditioned that he will faithfully perform the duties of his office and at all times account for and pay over all moneys in his hands as clerk; and the penalty of such bond may at any time be increased by the judge of the district. The clerk may require a bond from any deputy;
(5) County recorders each in the sum of not less than five thousand dollars ($5,000) nor more than twenty thousand dollars ($20,000), to be fixed by the board of county commissioners, and to cover his duties and liabilities as recorder, auditor, and clerk of the board of county commissioners;
(6) Assessors each in the sum of five thousand dollars ($5,000);
(7) Tax collectors and license collectors each in the sum of not less than two thousand dollars ($2,000) nor more than fifty thousand dollars ($50,000) to be fixed by the board of county commissioners;
(8) Prosecuting attorneys each in the sum of two thousand dollars ($2,000);
(9) Coroners each in the sum of one thousand dollars ($1,000);
(10) Public administrators each in the sum of two thousand dollars ($2,000); and
(11) Constables in the sum of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), to be fixed by the board of county commissioners.
[(31-2015) R.S., sec. 1828; am. and reen. R.C. & C.L., sec. 1987; am. 1919, ch. 125, sec. 1, p. 410; C.S., sec. 3557; I.C.A., sec. 30-1515; am. 1961, ch. 104, sec. 1, p. 153; am. 1963, ch. 88, sec. 3, p. 283; am. 1970, ch. 120, sec. 8, p. 284; am. 2022, ch. 111, sec. 17, p. 378.]
When the amount of the bond to be given by any county, district or precinct officer is not fixed by law the amount must be fixed by the board of commissioners.
[(31-2016) R.S., sec. 1829; reen. R.C. & C.L., sec. 1988; C.S., sec. 3558; I.C.A., sec. 30-1516.]
All county, town, municipal, road and school district officials who issue orders or warrants or approve bills or order county warrants to be drawn in excess of the levies made for the different county, town, municipal, road or school district funds shall be liable, both personally and on their official bonds for the payment of any such excess.
[(31-2017) 1915, ch. 116, p. 262; reen. C.L., sec. 1988a; C.S., sec. 3559; I.C.A., sec. 30-1517.]
County officials shall strictly account for all public moneys and property under their care and control while holding public office but shall not be personally liable for loss of any such public moneys or property when the cause of such loss is fire, flood, earthquake, or other natural or man-made disaster or when caused by theft, robbery, or the criminal conduct of another person who is not a county official or employee. Each county shall indemnify its officials and employees against all losses of public moneys or property, except those which are the result of negligence, gross negligence, or intentional conduct by the public official or employee, pursuant to the authority in the Idaho tort claims act.
[31-2018, added 1988, ch. 4, sec. 1, p. 5.]
The county treasurer must:
(1) Receive all moneys belonging to the county and all other moneys by law directed to be paid to him, safely keep the same, and apply and pay them out, rendering account thereof as required by law;
(2) File and keep the certificates of the auditor delivered to him when moneys are paid into the treasury;
(3) Keep an account of the receipt and expenditure of all such moneys in books provided for the purpose, in which must be entered the amount, the time when, from whom, and on what account all moneys were received by him, and the amount, time when, to whom, and on what account all disbursements were made by him;
(4) Keep his books so that the amounts received and paid out on account of separate funds or specific appropriations are exhibited in separate and distinct accounts and the whole receipts and expenditures are shown in one general or cash account. Upon notification by the state controller, county financial records shall conform to the standards established in the uniform accounting manual for local governmental entities pursuant to section 67-1075, Idaho Code;
(5) Enter no moneys received for the current year on his account with the county for the past fiscal year until after his annual settlement for the past year has been made with the county auditor; and
(6) Disburse the county moneys only on county warrants issued by the county auditor, based on orders of the board of commissioners or as otherwise provided by law.
[(31-2101) 1863, p. 475, secs. 111, 112; R.S., sec. 1840; reen. R.C., sec. 1991; am. 1913, ch. 128, sec. 1, p. 475; reen. C.L., sec. 1991; C.S., sec. 3562; I.C.A., sec. 30-1601; am. 2021, ch. 89, sec. 11, p. 306.]
(1) The county treasurer is ex officio tax collector with duties relating to the collection of tax revenue as prescribed in title 63, Idaho Code.
(2) The county treasurer is ex officio public administrator and as such shall administer the estates of decedents who resided in the county at the time of death as prescribed in chapter 1, title 14, Idaho Code.
[(31-2102) 1913, ch. 128, sec. 1, p. 475; R.C., sec. 2079; compiled and reen. C.L., sec. 1991a; C.S., sec. 3563; I.C.A., sec. 30-1602; am. 1996, ch. 69, sec. 8, p. 215.]
He must receive no money into the treasury unless documented by the certificate of the auditor. However, this procedure shall not prohibit electronic transfers followed by documented information as required by the county auditor and county treasurer.
[(31-2103) R.S., sec. 1841; reen. R.C. & C.L., sec. 1992; C.S., sec. 3564; I.C.A., sec. 30-1603; am. 1990, ch. 76, sec. 1, p. 159.]
When any money is paid to the county treasurer he must give to the person paying the same a receipt therefor, which must forthwith be deposited with the county auditor, who must charge the treasurer therewith and give the person paying the same a receipt.
[(31-2104) 1863, p. 475, sec. 113; R.S., sec. 1842; reen. R.C. & C.L., sec. 1993; C.S., sec. 3565; I.C.A., sec. 30-1604.]
The treasurer must settle his accounts relating to the collection, care and disbursement of public revenue, of whatsoever nature and kind, with the auditor, on the first Monday of each month. For the purpose of making such settlement, he must make out a statement under oath, of the amount of money or other property received prior to the period of such settlement, the sources whence the same was derived, the amount of payments or disbursements, and to whom, with the amount remaining on hand. In making such account, and for all other purposes, the treasurer shall report uncollected fees, personal property taxes or other revenue due but unpaid for a period of five (5) years and, at the end of such period, shall not be required to continue reporting such sums unless, in the opinion of the treasurer, such sums are collectible; provided, however, that this provision shall in no way alter or interfere with the obligation of the person or persons owing such amounts to pay the same. He must in such settlements, deposit all warrants redeemed by him and take the auditor’s receipt therefor. He must also make a full settlement of all accounts with the auditor annually on the first Tuesday after the first Monday of October, in the presence of the commissioners, who have a supervisory control thereof.
[(31-2112) R.S., sec. 1850; modified by 1901, p. 233, sec. 174; compiled and reen. R.C. & C.L., sec. 2001; C.S., sec. 3573; I.C.A., sec. 30-1612; am. 1970, ch. 225, sec. 1, p. 633; am. 1976, ch. 45, sec. 21, p. 136.]
Each county treasurer must make a detailed report at every regular meeting of the board of commissioners of his county, of all moneys received by him and the disbursement thereof, and of all debts due to and from county, and of all other proceedings in his office, so that the receipts into the treasury and the amount of disbursements, together with the debts due to and from the county may clearly and distinctly appear.
[(31-2113) R.S., sec. 1851; reen. R.C. & C.L., sec. 2002; C.S., sec. 3574; I.C.A., sec. 30-1613.]
If any county treasurer neglects or refuses to settle or report as required in the two (2) preceding sections, he forfeits and must pay to the county the sum of $500.00 for every such neglect or refusal, and the board of commissioners must institute suits for the recovery thereof.
[(31-2114) R.S., sec. 1852; reen. R.C. & C.L., sec. 2003; C.S., sec. 3575; I.C.A., sec. 30-1614.]
If the prosecuting attorney refuses or neglects to account for and pay over money received by him as required by law, the county treasurer must bring an action against him for the recovery thereof in the name of the county, and may recover, in such action, in addition to the amount so received, fifty per cent (50%) thereon by way of damages.
[(31-2115) R.S., sec. 1853; am. and reen. R.C. & C.L., sec. 2004; C.S., sec. 3576; I.C.A., sec. 30-1615.]
The coroner or other public official must notify the county treasurer, within seventy-two (72) hours of knowledge of a death and upon verification of no legal next of kin or administrator of the decedent’s estate, of money or other property found on or with a dead body. The treasurer, upon receiving such funds, must deposit them to the credit of the county. On receiving other property in like manner he must, within thirty (30) days, sell it at public auction upon reasonable public notice and must in like manner deposit the proceeds to the credit of the county.
[(31-2117) 1863, p. 475, sec. 146; R.S., sec. 1855; reen. R.C. & C.L., sec. 2006; C.S., sec. 3578; I.C.A., sec. 30-1617; am. 1996, ch. 69, sec. 9, p. 216; am. 2022, ch. 62, sec. 3, p. 195.]
If the money in the treasury is demanded within six (6) years by the legal representatives of the decedent, the treasurer must pay it to them, after deducting the fees and expenses of the coroner and of the county in relation to the matter; or the same may be so paid at any time thereafter upon the order of the board of commissioners.
[(31-2118) 1863, p. 475, sec. 147; R.S., sec. 1856; reen. R.C. & C.L., sec. 2007; C.S., sec. 3579; I.C.A., sec. 30-1618.]
The county treasurer must keep all moneys belonging to this state or to any county of this state in his own possession until disbursed according to law. He must not place the same in the possession of any person to be used for any purpose; nor must he loan or in any manner use or permit any person to use the same, except as provided by law; but nothing in this section prohibits him from making special deposits for the safe-keeping of the public moneys.
[(31-2119) R.S., sec. 1857; reen. R.C. & C.L., sec. 2008; C.S., sec. 3580; I.C.A., sec. 30-1619.]
Whenever an action based upon official misconduct is commenced against any county treasurer, the commissioners may, in their discretion, suspend him from office until such suit is determined, and may appoint some person to fill the vacancy.
[(31-2120) 1863, p. 475, sec. 122; R.S., sec. 1858; reen. R.C. & C.L., sec. 2009; C.S., sec. 3581; I.C.A., sec. 30-1620.]
In case of the death of any county treasurer, all official moneys, books, accounts, papers and documents shall be delivered to the treasurer’s successor by the board of county commissioners.
[(31-2121) 1863, p. 475, sec. 123; R.S., sec. 1859; modified 1899, p. 405; compiled and reen. R.C. & C.L., sec. 2010; C.S., sec. 3582; I.C.A., sec. 30-1621; am. 1989, ch. 15, sec. 2, p. 17.]
The books, accounts and vouchers of the treasurer are at all times subject to the inspection and examination of the board of commissioners and grand jury.
[(31-2122) 1863, p. 475, sec. 114; R.S., sec. 1860; reen. R.C. & C.L., sec. 2011; C.S., sec. 3583; I.C.A., sec. 30-1622.]
The treasurer must permit the county commissioners and auditor to examine his books and count the money in the treasury whenever they may wish to make an examination or counting.
[(31-2123) 1863, p. 475, sec. 114; R.S., sec. 1861; reen. R.C. & C.L., sec. 2012; C.S., sec. 3584; I.C.A., sec. 30-1623.]
The supervising board of every municipal or quasi-municipal corporation of any kind or class, specially chartered cities, school districts, of any kind or class, specially chartered school district, irrigation district, drainage district, stumpage district, highway district or other quasi-municipal district, now or hereafter created or organized and authorized by law to issue warrants for the payment of its indebtedness, and the board of county commissioners for any common or joint common school district within its county are hereby authorized by resolution, duly passed and approved at any regular or special meeting thereof, to fix the rate of interest, that warrants drawn by authority of such supervising board, or the county auditor for such common or joint common school district, shall draw after the same have been presented to the treasurer thereof for payment and not paid for want of funds.
[31-2124, added 1935, ch. 99, sec. 1, p. 208; am. 1980, ch. 61, sec. 2, p. 119.]
When any warrant of any municipal or quasi-municipal corporation, specially chartered city, school district of any kind or class, specially chartered school district, drainage district, stumpage district, highway district, or other quasi-municipal district, now or hereafter created or organized, is presented for payment to the treasurer thereof, and is not paid for want of funds, the treasurer must indorse thereon "Not paid for want of funds," annexing the date of presentation, specifying the rate of interest that such warrant shall draw, after presentation, which rate shall be the rate fixed in such resolution, sign his name thereto, and thereafter the said warrant shall draw interest at the rate specified in such indorsement. If the county treasurer is redeeming warrants for the districts listed above, the procedures used shall be those identified in section 31-1512, Idaho Code.
[31-2125, added 1935, ch. 99, sec. 2, p. 208; am. 1980, ch. 61, sec. 3, p. 119; am. 1994, ch. 35, sec. 3, p. 54.]
It is the duty of the county treasurer to comply with the requirements of section 31-1507, Idaho Code, if the board of county commissioners declares an emergency pursuant to section 31-1608, Idaho Code.
[31-2126, added 1996, ch. 38, sec. 1, p. 102.]
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.
[31-2127, added 2023, ch. 19, sec. 1, p. 130.]
"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.
[(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.]
The policy of the state of Idaho is that the primary duty of enforcing all penal provisions and statutes of the state is vested with the sheriff of each county as provided in section 31-2227, Idaho Code. The sheriff shall perform the following:
(1) Preserve the peace.
(2) Arrest and take before the nearest magistrate for examination all persons who attempt to commit or who have committed a public offense, unless otherwise provided by law.
(3) Prevent and suppress all affrays, breaches of the peace, riots and insurrections that may come to his knowledge.
(4) Attend all courts, including magistrate’s division of the district court when ordered by a district judge, at their respective terms held within his county and obey the lawful orders and directions of the courts.
(5) Command the aid of as many inhabitants of the county as he may think necessary in the execution of these duties.
(6) Take charge of and keep the county jail and the prisoners therein.
(7) Indorse upon all process and notices the year, month, day, hour and minute of reception, and issue therefor to the person delivering it, on payment of fees, a certificate showing the names of the parties, title of paper and time of reception.
(8) Serve all process and notices in the manner prescribed by law.
(9) Certify under his hand upon process or notices the manner and time of service, or, if he fails to make service, the reasons of his failure, and return the same without delay.
(10) Perform such other duties as are required of him by law.
(11) Keep a record of all stolen cars reported within his county, which record shall contain the name of the motor vehicle, the engine number thereof, a complete description of such vehicle and such other information as may aid in the identification of the stolen car. Such record shall be open to public inspection during office hours, and immediately upon receiving a report of a stolen car the sheriff shall prepare and forward a copy thereof to the director of the Idaho state police and he shall also notify the director of the Idaho state police of any and all cars recovered.
(12) At the specific request of the governor or his designated agent, prevent the unauthorized importation of wild omnivores or carnivores capable of causing injury to people or their property.
(13) Work in his county with the Idaho state police in the following respects:
(a) Require all persons using the highways in the state to do so carefully, safely and with exercise of care for the persons, property and safety of others;
(b) Safeguard and protect the surface and other physical portions of the state highways;
(c) Enforce all of the laws of the state enacted for the identification, inspection and transportation of livestock and all laws of the state designed to prevent the theft of livestock;
(d) Regulate traffic on all highways and roads in the state with the authority to temporarily close or restrict the use of any highway or road whenever the closure or restriction of use is deemed necessary for the safety of the public; and respond to calls following wrecks and make investigations relative thereto;
(e) Use whatever force is necessary to protect the public from wild or domestic omnivores or carnivores in a manner that is consistent with 50 C.F.R. section 17.84(i).
(14) Work in his county with the Idaho transportation department to give examinations for and sell drivers’ licenses and identification cards.
(15) Expeditiously and promptly investigate all cases involving missing children when such cases are reported to him.
[(31-2202) 1863, p. 475, secs. 3-6; R.S., secs. 1871, 1888; am. and reen. R.C. & C.L., sec. 2024; C.S., sec. 3596; am. 1921, ch. 254, sec. 1, p. 546; I.C.A., sec. 30-1702; am. 1943, ch. 147, sec. 1, p. 293; am. 1951, ch. 183, sec. 18, p. 383; am. 1970, ch. 120, sec. 9, p. 284; am. 1985, ch. 149, sec. 1, p. 399; am. 1986, ch. 290, sec. 1, p. 732; am. 1989, ch. 14, sec. 1, p. 15; am. 1989, ch. 88, sec. 66, p. 207; am. 1998, ch. 110, sec. 2, p. 379; am. 2000, ch. 331, sec. 1, p. 1110; am. 2000, ch. 469, sec. 78, p. 1524; am. 2008, ch. 27, sec. 7, p. 45; am. 2024, ch. 254, sec. 1, p. 893.]
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.
[(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.]
The return of the sheriff upon process or notices is prima facie evidence of the facts in such return stated.
[(31-2204) R.S., sec. 1873; reen. R.C. & C.L., sec. 2026; C.S., sec. 3598; I.C.A., sec. 30-1704.]
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.
[(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.]
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.
[(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.]
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.
[(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.]
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.
[(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.]
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.
[(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.]
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.
[(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.]
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.
[(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.]
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.
[(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.]
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.
[(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.]
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.
[(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.]
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:
When the sheriff and coroner are both parties.
When either of these officers is a party and the process is against the other; and,
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.
[(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.]
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.
[(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.]
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.
[(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.]
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.
[(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.]
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.
[(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.]
Within three (3) days after the service of the certificate upon the former sheriff, he must deliver to his successor:
The jail of the county, with its appurtenances and the property of the county therein.
The prisoners then confined in the county jail.
The process, orders and other papers in his custody, authorizing or relating to the confinement of the prisoners.
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.
All executions, attachments and final process, which have been partially executed, with his return thereon showing to what extent he has executed the same.
[(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.]
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.
[(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.]
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.
[(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.]
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.
[(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.]
(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.
[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.]
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.
[31-2228, added 2000, ch. 306, sec. 1, p. 1042.]
(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.
[31-2229, added 2008, ch. 39, sec. 2, p. 94; am. 2016, ch. 118, sec. 2, p. 331.]
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.
[(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.]
All warrants must distinctly specify the liability for which they are drawn, and when it accrued.
[(31-2302) R.S., sec. 2006; reen. R.C. & C.L., sec. 2053; C.S., sec. 3625; I.C.A., sec. 30-1802.]
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.
[(31-2303) R.S., sec. 2007; reen. R.C. & C.L., sec. 2054; C.S., sec. 3626; I.C.A., sec. 30-1803.]
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.
[(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.]
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.
[(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.]
The auditor must discharge such other duties as are required by law.
[(31-2308) R.S., sec. 2011; reen. R.C. & C.L., sec. 2059; C.S., sec. 3631; I.C.A., sec. 30-1808.]
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.
[(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.]
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.
[(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.]
(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.
[(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.]
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.
[31-2402A, as added by 1963, ch. 86, sec. 1, p. 281; am. 2005, ch. 243, sec. 3, p. 757.]
Every recorder must keep:
(1) An index of deeds, grants and transfers, labeled "Grantors," each page divided into four (4) columns, headed respectively, "Names of grantors," "Names of grantees," "Date of deeds, grants or transfers" and "Where recorded."
(2) An index of deeds, labeled "Grantees," each page divided into four (4) columns, headed respectively, "Names of grantees," "Names of grantors," "Date of deeds, grants or transfers" and "Where recorded."
(3) An index of mortgages, labeled "Mortgagors of real property," with the pages thereof divided into five (5) columns, headed respectively, "Names of mortgagors," "Names of mortgagees," "Date of mortgages," "Where recorded," and "When discharged."
(4) An index of mortgages, labeled "Mortgagees of real property," with the pages thereof divided into five (5) columns, headed respectively, "Names of mortgagees," "Names of mortgagors," "Date of mortgages," "Where recorded," and "When discharged."
(5) An index of release of mortgages, labeled "Releases of mortgages of real property–mortgagors," with the pages thereof divided into six (6) columns, headed respectively, "Parties releasing," "To whom releases are given," "Date of releases," "Where releases are recorded," "Date of mortgages released," and "Where mortgages released are recorded."
(6) An index of releases of mortgages, labeled "Releases of mortgages of real property–mortgagees," with the pages thereof divided into six (6) columns, headed respectively, "Parties whose mortgages are released," "Parties releasing," "Date of releases," "Where recorded," "Date of mortgages released," and "Where mortgages released are recorded."
(7) An index of powers of attorney, labeled "Powers of attorney," each page divided into five (5) columns, headed respectively, "Names of parties executing powers," "To whom powers are executed," "Date of powers," "Date of recording," and "Where powers are recorded."
(8) An index of leases, labeled "Lessors," each page divided into four (4) columns, headed respectively, "Names of lessors," "Names of lessees," "Date of leases," and "When and where recorded."
(9) An index of leases, labeled "Lessees," each page divided into four (4) columns, headed respectively, "Names of lessees," "Names of lessors," "Date of leases," and "When and where recorded."
(10) An index of marriage certificates, labeled "Marriage certificates–Men," each page divided into six (6) columns, headed respectively, "Men married," "To whom married," "When married," "By whom married," "Where married," and "Where certificates are recorded."
(11) An index of marriage certificates, labeled "Marriage certificates–Women," each page divided into six (6) columns, headed respectively, "Women married" (and under this head placing the family names of the women), "To whom married," "When married," "By whom married," "Where married," and "Where certificates are recorded."
(12) An index of assignments of real property mortgages and leases, labeled "Assignments of mortgages and leases–assignors," each page divided into five (5) columns, headed respectively, "Assignors," "Assignees," "Instruments assigned," "Date of assignment," and "When and where recorded."
(13) An index of assignments of real property mortgages and leases, labeled "Assignments of mortgages and leases–assignees," each page divided into five (5) columns, headed respectively, "Assignees," "Assignors," "Instruments assigned," "Date of assignments," and "When and where recorded."
(14) An index of wills, labeled "Wills," each page divided into four (4) columns, headed respectively, "Names of testators," "Date of wills," "Date of probate," and "When and where recorded."
(15) An index of official bonds, labeled "Official bonds," each page divided into five (5) columns, headed respectively, "Names of officers," "Names of offices," "Date of bonds," "Amount of bonds," and "When and where recorded."
(16) An index of notices of mechanics’ liens, labeled "Mechanics’ liens," each page divided into three (3) columns, headed respectively, "Parties claiming liens," "Against whom claimed," and "Notices, when and where recorded."
(17) An index to transcripts of judgment, labeled "Transcripts of judgments," each page divided into seven (7) columns, headed respectively, "Judgment debtors," "Judgment creditors," "Amount of judgments," "Where recorded," "When recovered," "When transcript filed," and "When judgment satisfied."
(18) An index of attachments, labeled "Attachments," each page divided into six (6) columns, headed respectively, "Parties against whom attachments are issued," "Parties issuing attachments," "Notices of attachments," "When recorded," "Where recorded," and "When attachments discharged."
(19) An index of notices of the pendency of actions, labeled "Notices of actions," each page divided into three (3) columns, headed respectively, "Parties to the actions," "Notices, when recorded," and "Where recorded."
(20) An index of the separate property of married women, labeled "Separate property of married women," each page divided into five (5) columns, headed respectively, "Names of married women," "Names of their husbands," "Nature of instruments recorded," "When recorded," and "Where recorded."
(21) An index of possessory claims, labeled "Possessory claims," each page divided into five (5) columns, headed respectively, "Claimants," "Notices," "When received," "Date of notices," and "When and where recorded."
(22) An index of homesteads, labeled "Homesteads," each page divided into five (5) columns, headed respectively, "Claimants," "Date of declaration," "When and where recorded," "Abandonment," and "When and where recorded."
(23) An index of agreements and bonds affecting the title of real property, labeled "Real property agreements," each page divided into four (4) columns, headed respectively, "Vendors," "Vendees," "Date of agreement," and "When and where recorded."
(24) An index of mining claims, labeled "Mining claims," each page divided into five (5) columns, headed "Locators," "Name of claim," "Date of location," "When filed for record," and "Where recorded."
(25) An index of water rights, labeled "Water rights," each page divided into four (4) columns, labeled, "Locators," "Date of notice," "When filed for record," and "Where recorded."
(26) A general index of all papers to be entered as they are filed.
(27) An index, labeled "Financing Statements," as required under Part 5 of the Uniform Commercial Code–Secured Transactions, chapter 9, title 28, Idaho Code.
(28) In lieu of the above-named indexes, a recorder may create an electronic management system into which all of the above-named indexes are file names. Each of these files shall segregate the above-referenced records and permit search and retrieval capabilities of each file type under each of the above-enumerated categories.
[(31-2404) 1863, p. 475, sec. 72; R.S., sec. 2025; reen. R.C. & C.L., sec. 2063; C.S., sec. 3636; I.C.A., sec. 30-1904; am. 1967, ch. 272, sec. 5, p. 745; am. 2005, ch. 243, sec. 4, p. 758; am. 2021, ch. 321, sec. 12, p. 952.]
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.
[(31-2405) 1907, p. 95, sec. 1; reen. R.C. & C.L., sec. 2064; C.S., sec. 3637; I.C.A., sec. 30-1905.]
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.
[(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.]
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.
[(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.]
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.
[(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.]
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.
[(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.]
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.
[(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.]
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.
[(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.]
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.
[(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.]
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.
[(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.]
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.
[(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.]
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.
[(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.]
(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.
[(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.]
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.
[(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.]
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.
[(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.]
The assessor’s duties are prescribed in title 63, relating to revenue.
[(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.]
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.
[(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.]
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.
[(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.]
(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.
[(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.]
It is the duty of the prosecuting attorney:
To prosecute or defend all actions, applications or motions, civil or criminal, in the district court of his county in which the people, or the state, or the county, are interested, or are a party; and when the place of trial is changed in any such action or proceeding to another county, he must prosecute or defend the same in such other county.
To prosecute all felony criminal actions, irrespective of whom the arresting officer is; to prosecute all misdemeanor or infraction actions for violation of all state laws or county ordinances when the arresting or charging officer is a state or county employee; to conduct preliminary criminal examinations which may be had before magistrates; to prosecute or defend all civil actions in which the county or state is interested; and when a written contract to do so exists between the prosecuting attorney and a city, to prosecute violations for state misdemeanors and infractions and violations of county or city ordinances committed within the municipal limits of that city when the arresting or charging officer is a city employee.
To give advice to the board of county commissioners, and other public officers of his county, when requested in all public matters arising in the conduct of the public business entrusted to the care of such officers.
To attend, when requested by any grand jury for the purpose of examining witnesses before them; to draw bills of indictments, informations and accusations; to issue subpoenas and other process requiring the attendance of witnesses.
On the first Monday of each month to settle with the auditor, and pay over all money collected or received by him during the preceding month, belonging to the county or state, to the county treasurer, taking his receipt therefor, and to file, on the first Monday of October in each year, in the office of the auditor of his county, an account verified by his affidavit, of all money received by him during the preceding year, by virtue of his office, for fines, forfeitures, penalties or costs, specifying the name of each person from whom he receives the same, the amount received from each, and the cause for which the same was paid.
To perform all other duties required of him by any law.
[(31-2604) 1897, p. 74, sec. 3; reen. 1899, p. 24, sec. 3; am. and reen. R.C. & C.L., sec. 2082; I.C.A., sec. 30-2104; am. 1953, ch. 239, sec. 3, p. 360; am. 1970, ch. 120, sec. 11, p. 284; am. 1971, ch. 94, sec. 1, p. 206; am. 1976, ch. 45, sec. 24, p. 139; am. 1989, ch. 292, sec. 1, p. 719.]
When any prosecuting attorney receives any money for fines, forfeitures, penalties or costs, he must deliver to the person paying the same duplicate receipts therefor, one (1) of which must be filed by such person in the office of the county auditor.
[(31-2605) 1897, p. 74, sec. 4; reen. 1899, p. 24, sec. 4; am. and reen. R.C. & C.L., sec. 2083; C.S., sec. 3656; I.C.A., sec. 30-2105.]
No prosecuting attorney must receive any fee or reward for or on behalf of any prosecutor or other individual, for services in any prosecution, or business to which it is his official duty to attend or discharge; nor be concerned as attorney or counsel for either party other than for the state, people or county, in any civil action depending upon the same state of facts, upon which any criminal prosecution commenced but not determined depends, and no law partner of any county attorney must be engaged in the defense of any suit, action or proceeding, in which said prosecuting attorney appears on behalf of the people, state or county.
[(31-2606) 1897, p. 74, sec. 5; reen. 1899, p. 24, sec. 5; am. and reen. R.C. & C.L., sec. 2084; C.S., sec. 3657; I.C.A., sec. 30-2106.]
The prosecuting attorney is the legal adviser of the board of commissioners; he must attend their meetings when required, and must attend and oppose all claims and accounts against the county when he deems them unjust or illegal.
[(31-2607) 1897, p. 74, sec. 7; reen. 1899, p. 24, sec. 6; am. and reen. R.C. & C.L., sec. 2085; C.S., sec. 3658; I.C.A., sec. 30-2107.]
The board of county commissioners of any county in this state may if they deem it advisable for the best interests of the county, employ competent stenographers at a compensation, to be fixed by said board, to take and transcribe testimony at preliminary hearings or examinations.
[(31-2608) 1909, p. 146, sec. 1; am. 1913, ch. 59, sec. 1, p. 244; reen. C.L., sec. 2086a; C.S., sec. 3659; am. 1929, ch. 96, sec. 1, p. 158; I.C.A., sec. 30-2108; am. 1953, ch. 220, sec. 1, p. 335.]
Said stenographers shall be under the control and direction of the prosecuting attorney of the said county, and it shall be the duty of such stenographers to be present at all preliminary examinations when so requested by the prosecuting attorney, to take and transcribe the testimony of all such witnesses in said examination, and to certify the same as true and correct, which said certificate shall be sufficient proof of the correctness of said depositions, the reading of the same to or by the witness and the signing of the same by the witness being hereby dispensed with. Said stenographers shall also perform such other duties as may be required by the prosecuting attorney in the conduct of his office, and other county business. Nothing in this section shall be construed to provide an exclusive procedure for the taking of testimony at preliminary examinations, and such testimony may be taken by means of a mechanical recording device if the committing magistrate shall so order. In the event such mechanical recording device is used, one of the county stenographers shall upon completion of the hearing forthwith transcribe such testimony and certify the same to be true and correct as elsewhere in this section provided, and such certificate shall be sufficient proof of the correctness of such transcript and depositions and the reading of the same and signing of same by witnesses is hereby dispensed with.
[(31-2609) 1909, p. 146, sec. 2; reen. C.L., sec. 2086b; C.S., sec. 3660; I.C.A., sec. 30-2109; am. 1953, ch. 220, sec. 2, p. 335.]
When it becomes necessary for said stenographers to go from place to place in the performance of county business, the expenses of travel, including hotel and board, shall be a charge against the county, and shall be allowed in addition to the monthly salary.
[(31-2610) 1909, p. 146, sec. 3; reen. C.L., sec. 2086c; C.S., sec. 3661; I.C.A., sec. 30-2110; am. 1953, ch. 220, sec. 3, p. 335.]
The county commissioners of each county in this state are hereby authorized and directed to set apart at their first meeting in October of each year, from any funds then in the county treasury, not specially appropriated or set aside for other purposes, in an amount to be fixed by said board of county commissioners, a sum of money not less than one hundred dollars ($100) and not more than one thousand dollars ($1000), to be used by the prosecuting attorney of each county as a contingent fund for the purpose of defraying such necessary expenses as are not otherwise specifically provided for in the trial and preparation for trial of criminal cases, and in the payment of such necessary expenses as are not otherwise provided for in conducting investigations by the grand jury.
[(31-2611) 1911, ch. 140, sec. 1, p. 436; reen. C.L., sec. 2086d; C.S., sec. 3662; I.C.A., sec. 30-2111; am. 1976, ch. 45, sec. 25, p. 140.]
The prosecuting attorney of each county, by and with the consent and approval first had and obtained of the district court, or any judge thereof, in and for his county, is hereby authorized and empowered to incur the expenses specified in the preceding section, so far as is necessary, to the amount annually appropriated by said board of county commissioners for said purpose.
[(31-2612) 1911, ch. 140, sec. 2, p. 436; reen. C.L., sec. 2086e; C.S., sec. 3663; I.C.A., sec. 30-2112.]
All disbursements from said fund shall be made in the usual manner by the county treasurer of each county upon the warrant of the auditor of each county, which auditor’s warrant shall be executed and delivered in an amount, and to the person designated by the order of the prosecuting attorney, countersigned by any judge of the district court for that county.
Before any such approval shall be indorsed upon any such order of any prosecuting attorney so applying for the same, it shall be the duty of said prosecuting attorney so applying for the same, to present to said judge of the district court an itemized and detailed statement of the expenses, for the payment of which he then makes application, and which statement shall be verified by said prosecuting attorney in the usual manner provided for the verification of claims against the counties of this state.
Immediately upon such judge of the district court affixing his indorsement to said order of the prosecuting attorney, said judge, if in his opinion the public interests will not be prejudiced thereby, and if he be of the opinion that the public interests will permit, shall file in the office of the county auditor of the county on which said order is drawn, said itemized and verified list so furnished by said prosecuting attorney.
[(31-2613) 1911, ch. 140, secs. 3-5, p. 436; reen. C.L., sec. 2086f; C.S., sec. 3664; I.C.A., sec. 30-2113.]
Any sum remaining in said fund on the thirtieth day of September of each year shall then be transferred by the county auditor to the general county revenue fund of said county.
[(31-2614) 1911, ch. 140, sec. 6, p. 437; reen. C.L., sec. 2086g; C.S., sec. 3665; I.C.A., sec. 30-2114; am. 1976, ch. 45, sec. 26, p. 140.]
Whenever it shall be ordered by an act of the legislature to establish the boundary line between two (2) counties, the board of county commissioners of each county interested in the boundary shall jointly select and retain the services of a professional land surveyor to establish said boundary line, or each county shall select and retain the services of a professional land surveyor who shall jointly establish said boundary, and firmly plant and mark corners and monuments of imperishable material, also to prepare plats and field notes jointly, one (1) copy of which shall be filed with the auditor and recorder of each of the counties so interested. The fees and compensations for such surveys, plats and field notes, shall be paid out of the county treasury upon the order of the county commissioners of each county to the respective surveyors so employed.
[(31-2705) 1897, p. 19, sec. 6; reen. 1899, p. 295, sec. 6; reen. R.C. & C.L., sec. 2091; C.S., sec. 3670; I.C.A., sec. 30-2205; am. 1963, ch. 90, sec. 2, p. 286; am. 1989, ch. 101, sec. 1, p. 234.]
All surveys, maps and plats ordered by the board of county commissioners shall be made by a professional land surveyor retained by the board who shall be paid such fee as may be fixed and agreed upon.
[(31-2707) 1897, p. 19, sec. 8; reen. 1899, p. 295, sec. 8; reen. R.C. & C.L., sec. 2093; C.S., sec. 3672; I.C.A., sec. 30-2207; am. 1963, ch. 90, sec. 3, p. 286; am. 1989, ch. 101, sec. 2, p. 235.]
No surveys or resurveys hereafter made shall be considered legal evidence in any court within the state, except such surveys as are made in accordance with the United States manual of surveying instructions, the circular on restoration of lost or obliterated corners and subdivisions of sections, issued by the general land office, or by the authority of the United States, the state of Idaho, or by mutual consent of the parties.
[(31-2709) 1897, p. 19, sec. 1; reen. 1899, p. 295, sec. 1; reen. R.C. & C.L., sec. 2095; C.S., sec. 3674; I.C.A., sec. 30-2209; am. 1963, ch. 90, sec. 4, p. 286.]
The coroner must hold inquests as prescribed in the Penal Code.
[(31-2801) R.S., sec. 2080; reen. R.C. & C.L., sec. 2096; C.S., sec. 3675; I.C.A., sec. 30-2301.]
The county coroner, who shall be a medicolegal death investigator, is charged with the responsibility of determining or certifying the cause and manner of death for those deaths properly the responsibility of the coroner. When a death is reported to the coroner, he shall have jurisdiction over the human remains for the purpose of conducting a medicolegal death investigation concerning the circumstances surrounding the death of an individual, and he shall gather and review background information, including but not limited to medical information and any other information, that may be helpful in determining or certifying the cause and manner of death.
[31-2801A, added 2025, ch. 96, sec. 3, p. 513.]
When no person takes charge of the body of the deceased within fourteen (14) days of death, the coroner shall cause the body to be decently interred or cremated; and if there is not sufficient property belonging to the estate of the deceased to pay the necessary expenses of the burial or cremation, the expenses are a legal charge against the county pursuant to the provisions of section 31-3412, Idaho Code.
[(31-2802) 1874, p. 566, sec. 22; am. R.S., sec. 2081; reen. R.C. & C.L., sec. 2097; C.S., sec. 3676; I.C.A., sec. 30-2302; am. 2002, ch. 57, sec. 1, p. 126; am. 2012, ch. 208, sec. 1, p. 562.]
The coroner must within thirty (30) days after an inquest upon a dead body, deliver to the county treasurer or the legal representatives of the deceased, any money or other property found upon the body.
[(31-2803) 1874, p. 566, sec. 15; R.S., sec. 2082; reen. R.C. & C.L., sec. 2098; C.S., sec. 3677; I.C.A., sec. 30-2303.]
Before auditing or allowing the accounts of the coroner, the commissioners must require him to file with the clerk of the board a statement in writing, verified by his affidavit, showing:
The amount of money or other property belonging to the estate of a deceased person which has come into his possession since his last statement.
The disposition made of such property.
[(31-2804) 1874, p. 566, sec. 18; R.S., sec. 2083; reen. R.C. & C.L., sec. 2099; C.S., sec. 3678; I.C.A., sec. 30-2304.]
If the office of coroner is vacant, or he is absent or unable to attend, the duties of his office may be discharged by any district judge or whomever he assigns for the county, with the like authority, and subject to the same obligations and penalties, as the coroner.
[(31-2805) 1874, p. 566, sec. 19; am. R.S., sec. 2084; reen. R.C. & C.L., sec. 2100; C.S., sec. 3679; I.C.A., sec. 30-2305; am. 1970, ch. 120, sec. 12, p. 284.]
The coroner shall be authorized to act as the substitute for the county sheriff when the sheriff declares he is disqualified from acting due to a conflict of interest in a proceeding or matter; provided, however, that the senior deputy sheriff, as defined in section 31-2006, Idaho Code, shall temporarily fill the vacancy created by the death, absence or resignation of the sheriff.
[31-2806, added 1992, ch. 95, sec. 2, p. 310.]
Whenever the coroner acts as sheriff, he possesses the powers, and may perform all the duties, of sheriff, and is liable on his official bond, in like manner as a sheriff would be; and is entitled to the same fees as are allowed by law to the sheriff for similar services.
[(31-2807) 1874, p. 566, sec. 3; am. R.S., sec. 2086; reen. R.C. & C.L., sec. 2102; C.S., sec. 3681; I.C.A., sec. 30-2307.]
No coroner or person acting as coroner who is a licensed funeral director or a licensed mortician, owner, or proprietor of any establishment engaged in making final disposition of human remains, and no establishment with which such coroner or person acting as coroner is associated, shall, except for ambulance services, perform any of the services of a funeral director or mortician or furnish any materials connected with or incidental to the final disposition of the remains of any person whose death is required by law to be investigated by such coroner or other person acting in that capacity. Any person who violates this section shall be guilty of a misdemeanor. Provided, however, that the provisions of this section shall not be applicable in counties wherein there is only one (1) licensed funeral establishment or in counties with a population of fewer than twenty thousand (20,000) people according to the most recent federal census.
[31-2808, added 1959, ch. 160, sec. 1, p. 381; am. 1994, ch. 105, sec. 4, p. 235; am. 2002, ch. 58, sec. 1, p. 126; am. 2022, ch. 109, sec. 1, p. 364; am. 2025, ch. 90, sec. 1, p. 407; am. 2025, ch. 96, sec. 4, p. 513.]
A coroner may appoint a deputy or deputies as he deems necessary. Deputy coroners shall be paid at a rate fixed by the county commissioners.
[I.C., sec. 31-2809, as added by 1970, ch. 82, sec. 1, p. 201.]
(1) After January 1, 2010, each county coroner shall complete twenty-four (24) hours of continuing education on a biennial calendar basis.
(2) For the purpose of each county coroner being certified, the Idaho state association of county coroners shall either sponsor or provide courses pursuant to this section and monitor this requirement.
(3) Sponsored or approved courses shall be approved by a nationally recognized certifying body.
[31-2810, added 2010, ch. 355, sec. 3, p. 933; am. 2025, ch. 96, sec. 6, p. 514.]
As used in this chapter:
(1) "Burial" means the interment or entombment of dead human bodies in any manner.
(2) "Certified" means a procedure by which a third party gives written assurance that a person, product, process, or service conforms to specific requirements.
(3) "Coroner" means an elected or appointed official whose duty is to conduct and oversee medicolegal death investigations, usually for a single county, and ensure certification of cause and manner of death.
(4) "Cremation" means the reduction of human remains to bone fragments in a certified crematory by means of incineration.
(5) "Human remains" means a lifeless human body or such parts of the human body or the bones thereof from the state of which it reasonably may be concluded that death occurred or the body of a deceased person, including remains following the process of cremation, alkaline hydrolysis, or natural organic reduction. Human remains also include the body in any stage of decomposition, including but not limited to skeletal remains.
(6) "Manner of death" means a classification system based on the circumstances under which death occurred, including accident, homicide, natural, suicide, and undetermined.
(7) "Medicolegal death investigator" means a person who conducts a medicolegal death investigation.
(8) "Medicolegal death investigation" means a formal inquiry and examination, that may include fluid extraction, into the circumstances surrounding the death of a human being where investigative information is considered with autopsy findings and adjunctive studies, if performed, to determine the cause and manner of death.
[31-2811, added 2025, ch. 96, sec. 7, p. 514.]
This chapter shall be known and may be cited as the "Uniform Real Property Electronic Recording Act."
[31-2901, added 2007, ch. 63, sec. 1, p. 155.]
In this chapter:
(1) "Document" means information that is:
(a) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(b) Eligible to be recorded in the land records maintained by the recorder.
(2) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
(3) "Electronic document" means a document that is received by the recorder in an electronic form.
(4) "Electronic signature" means an electronic sound, symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
(5) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
(6) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
[31-2902, added 2007, ch. 63, sec. 1, p. 155.]
(1) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this chapter.
(2) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.
(3) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression or seal need not accompany an electronic signature.
[31-2903, added 2007, ch. 63, sec. 1, p. 155.]
(1) In this section, "paper document" means a document that is received by the recorder in a form that is not electronic.
(2) A recorder:
(a) Who implements any of the functions listed in this section shall do so in compliance with standards established by the secretary of state;
(b) May receive, index, store, archive and transmit electronic documents;
(c) May provide for access to, and for search and retrieval of, documents and information by electronic means;
(d) Who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index;
(e) May convert paper documents accepted for recording into electronic form;
(f) May convert into electronic form information recorded before the recorder began to record electronic documents;
(g) May accept electronically any fee that the recorder is authorized to collect; and
(h) May agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees.
[31-2904, added 2007, ch. 63, sec. 1, p. 155; am. 2020, ch. 43, sec. 1, p. 97.]
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[31-2906, added 2007, ch. 63, sec. 1, p. 157.]
This chapter modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. section 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act or authorize electronic delivery of any of the notices described in section 103(b) of that act.
[31-2907, added 2007, ch. 63, sec. 1, p. 157.]
The salaries of county officers as full compensation for their services must be paid monthly from the county treasury, upon the warrants of the county auditor, and it shall not be necessary for the board of commissioners to allow or audit the claims for such salaries when the salaries of such officers are fixed by law or have been fixed or approved by action of the board of commissioners. All actual and necessary expenses incurred by any county officer or deputy in the performance of his official duty shall be a legal charge against the county, and shall be certified by receipts to the county auditor. The county auditor shall then issue a county warrant in the amount so certified, payable to the officer or deputy submitting the certification, and the warrant paid shall be charged against said officer’s budget. When any such officer or deputy shall use his private car as a means of travel in the performance of his official duty the actual and necessary expense of the use of such car shall be determined by the county commissioners of each county and allowance made therefor at a rate for each mile driven shall be applied uniformly to each officer or deputy in that county and such allowance shall be the full amount allowable for travel expense when such car is used. All fees which may come into his hands from whatever source shall be turned into the county treasury daily, weekly, monthly, or quarterly as determined by the county commissioners. He shall, at least quarterly, file with the clerk of the board of county commissioners, a sworn statement, accompanied by proper vouchers, showing all fees received, which must be audited by the board as other accounts.
[(31-3101) 1899, p. 405, sec. 1; reen. R.C. & C.L., sec. 2115; C.S., sec. 3694; am. 1929, ch. 21, sec. 1, p. 22; I.C.A., sec. 30-2601; am. 1935, ch. 25, sec. 1, p. 41; am. 1961, ch. 15, sec. 1, p. 15; am. 1974, ch. 231, sec. 1, p. 1588; am. 1980, ch. 182, sec. 1, p. 403.]
Any county officer or deputy who shall neglect or refuse to account for and pay into the county treasury any money received as fees or compensation in excess of his actual and necessary expenses, incurred in the performance of his official duties, within ten (10) days after his quarterly settlement with the county, shall be guilty of embezzlement of public funds, and be punishable as provided for such offense.
[(31-3102) 1899, p. 405, sec. 2; reen. R.C. & C.L., sec. 2116; C.S., sec. 3695; I.C.A., sec. 30-2602.]
It shall be the duty of the board of county commissioners of each county, through the county budget process, as detailed in chapter 16, title 31, Idaho Code, to fix the annual salaries of the several county officers as of and from October 1 for the next ensuing year.
[(31-3106) 1899, p. 405, sec. 3; compiled and am. R.C., sec. 2118; am. 1909, p. 220, sec. 1; am. 1911, ch. 103, sec. 1, p. 345; compiled and reen. C.L., sec. 2118; C.S., sec. 3699; am. 1929, ch. 157, sec. 4, p. 285; I.C.A., sec. 30-2606; am. 1937, ch. 73, sec. 1, p. 98; am. 1941, ch. 142, sec. 2, p. 277; am. 1943, ch. 155, sec. 1, p. 312; am. 1945, ch. 9, sec. 1, p. 12; am. 1947, ch. 78, sec. 1, p. 127; am. 1949, ch. 211, sec. 1, p. 445; am. 1951, ch. 74, sec. 1, p. 115; am. 1951, ch. 293, sec. 1, p. 649; am. 1953, ch. 117, sec. 1, p. 170; am. 1955, ch. 174, sec. 1, p. 353; am. 1957, ch. 313, sec. 1, p. 671; am. 1959, ch. 21, sec. 1, p. 50; am. 1961, ch. 4, sec. 1, p. 6; am. 1963, ch. 304, sec. 1, p. 794; am. 1967, ch. 295, sec. 1, p. 842; am. 1969, ch. 257, sec. 1, p. 793; am. 1971, ch. 110, sec. 1, p. 233; am. 1977, ch. 140, sec. 1, p. 301; am. 1979, ch. 64, sec. 1, p. 168; am. 1980, ch. 228, sec. 1, p. 510; am. 1982, ch. 191, sec. 3, p. 517.]
The sheriff, the coroner, the assessor, the treasurer and ex officio tax collector and the clerk of the district court and ex officio auditor and recorder shall be empowered by the board of county commissioners to appoint such deputies and clerical assistants as the business of their offices may require, and deputies to receive such remuneration as may be fixed by said board of county commissioners, which remuneration shall be paid monthly in the same manner as the salaries of the county officers are paid.
[(31-3107) 1899, p. 405, sec. 4; reen. R.C., sec. 2119; am. 1909, p. 330, sec. 1; am. 1913, ch. 127, sec. 1, p. 474; compiled and reen. C.L., sec. 2119; C.S., sec. 3700; am. 1929, ch. 83, sec. 1, p. 134; I.C.A., sec. 30-2607; am. 1959, ch. 111, sec. 1, p. 237; am. 2025, ch. 96, sec. 8, p. 515.]
Counties created or organized hereafter shall be governed by the provisions hereof, and the boards of county commissioners of such newly-created organized counties shall respectively fix and determine at their first meeting the salaries to be paid the several county officers as herein provided for.
[(31-3108) 1899, p. 405, sec. 5; am. and reen. R.C. & C.L., sec. 2120; C.S., sec. 3701; I.C.A., sec. 30-2608.]
Prosecuting attorneys, with the unanimous approval of the board of county commissioners, and with the consent of the prosecuting attorney, may contract with any city within the county to prosecute nonconflicting misdemeanors and infractions.
[I.C., sec. 31-3113, as added by 1974, ch. 305, sec. 3, p. 1788; am. 1975, ch. 140, sec. 1, p. 319; am. 1975, ch. 259, sec. 1, p. 706; am. 1976, ch. 303, sec. 1, p. 1041; am. 1976, ch. 321, sec. 1, p. 1093; am. 1976, ch. 334, sec. 1, p. 1121; am. 1977, ch. 157, sec. 1, p. 406; am. 1978, ch. 287, sec. 1, p. 698; am. 1979, ch. 275, sec. 1, p. 711; am. 1980, ch. 259, sec. 1, p. 673; am. 1981, ch. 336, sec. 1, p. 699; am. 1982, ch. 191, sec. 4, p. 517; am. 1982, ch. 333, sec. 1, p. 840; am. 1991, ch. 274, sec. 1, p. 711; am. 1995, ch. 191, sec. 1, p. 682; am. 1996, ch. 398, sec. 1, p. 1329; am. 2000, ch. 116, sec. 1, p. 255.]
(1) The clerk of the district court shall lawfully charge, demand and receive the following fees for services rendered by him in discharging the duties imposed upon him by law:
For filing and docketing abstract or transcript of judgment from another court
For issuing execution upon an abstract or transcript of judgment and filing same on return
For recording execution issued upon abstract or transcript of judgment, per page
For taking affidavits, including jurat
For taking acknowledgments, including seal
For filing and indexing designation of agent of foreign corporation
.
For filing and indexing notarial statement
For making copy of any file or record, per page
For comparing and conforming a prepared copy of any file or record, per page
For certifying the same an additional fee for certificate and seal
.
For all services not herein enumerated, and of him lawfully required, the clerk of the district court shall demand and receive such fees as are herein allowed for similar services.
(2) All fees collected under the provisions of this section shall be paid over to the county treasurer at the same time and in the same manner as other fees.
(3) In addition to all other fines, forfeitures and costs levied by the court, the clerk of the district court shall collect ten dollars ($10.00) as an administrative surcharge fee on each criminal case, including an infraction under section 18-8001 or 49-301, Idaho Code, a first-time infraction under section 23-604 or 23-949, Idaho Code, and five dollars ($5.00) on other infractions to be paid over to the county treasurer at the same time and in the same manner as other fees, for the support of the county justice fund, or the current expense fund if no county justice fund has been established, and shall collect ten dollars ($10.00) as an administrative surcharge fee on each civil case, including each appeal, to be paid over to the county treasurer for the support of the county court facilities fund, or to the district court fund if no county court facilities fund has been established.
(4) Provided further, an additional handling fee of two dollars ($2.00) shall be imposed on each monthly installment of criminal or infraction fines, forfeitures, and other costs paid on a monthly basis.
(5) Provided further, in addition to all other fines, forfeitures and costs levied by the court, the clerk of the district court shall collect ten dollars ($10.00) as a court technology fee on each criminal and infraction offense to be paid over to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fee to the state treasurer for deposit into the court technology fund.
[(31-3201) 1890-1891, p. 174, sec. 1; reen. 1899, p. 116, sec. 1; am. R.C., sec. 2121; am. 1909, p. 22, sec. 1; am. 1917, ch. 36, sec. 5, p. 83; compiled and reen. C.L., sec. 2121; C.S., sec. 3702; am. 1931, ch. 217, sec. 1, p. 422; I.C.A., sec. 30-2701; am. 1937, ch. 88, sec. 2, p. 117; am. 1957, ch. 242, sec. 1, p. 602; am. 1963, ch. 169, sec. 1, p. 489; am. 1969, ch. 139, sec. 1, p. 427; am. 1976, ch. 281, sec. 2, p. 962; am. 1979, ch. 219, sec. 1, p. 608; am. 1986, ch. 103, sec. 1, p. 290; am. 1990, ch. 216, sec. 2, p. 581; am. 1994, ch. 208, sec. 2, p. 657; am. 1997, ch. 28, sec. 2, p. 49; am. 1997, ch. 227, sec. 1, p. 664; am. 2005, ch. 240, sec. 2, p. 744; am. 2014, ch. 190, sec. 5, p. 508; am. 2016, ch. 344, sec. 6, p. 990; am. 2018, ch. 298, sec. 5, p. 708; am. 2022, ch. 21, sec. 1, p. 48.]
The clerk of the district court, in addition to the fees and charges imposed by chapter 20, title 1, Idaho Code, and by section 31-3201, Idaho Code, and in addition to the fee levied by chapter 2, title 73, Idaho Code, shall charge, demand and receive the following fees for services rendered by him in discharging the duties imposed upon him by law:
(1) Civil cases. A fee of one hundred seventy-five dollars ($175) for filing a civil case of any type in the district court, except for those cases to be assigned to the magistrate division of the district court for which the fee shall be one hundred twenty dollars ($120), with the following exceptions:
(a) The fee for small claims shall be as provided in section 1-2303, Idaho Code;
(b) No filing fee shall be charged in the following types of cases:
(i) Cases brought under chapter 3, title 66, Idaho Code, for commitment of mentally ill persons;
(ii) Cases brought under the juvenile corrections act;
(iii) Cases brought under the child protective act;
(iv) Demands for bond before a personal representative is appointed in probate;
(v) Petitions for sterilization;
(vi) Petitions for judicial consent to abortion;
(vii) Registration of trusts and renunciations;
(viii) Petitions for leave to compromise the disputed claim of a minor;
(ix) Petitions for a civil protection order or to enforce a foreign civil protection order pursuant to chapter 63, title 39, Idaho Code;
(x) Objections to the appointment of a guardian filed by a minor or an incapacitated person;
(xi) Proceedings to suspend a license for nonpayment of child support pursuant to section 7-1405, Idaho Code;
(xii) Proceedings under the uniform post-conviction procedure act as provided in chapter 49, title 19, Idaho Code;
(xiii) Filings of a custody decree from another state; and
(xiv) Filings of any answer after an initial appearance fee has been paid.
The filing fee shall be distributed as follows: twenty-three dollars ($23.00) of such filing fee shall be paid to the county treasurer for deposit in the district court fund of the county, with six dollars ($6.00) of such twenty-three dollars ($23.00) dedicated to provide for the suitable and adequate quarters of the magistrate division of the district court, including the facilities and equipment necessary to make the space provided functional for its intended use, and to provide for the staff personnel, supplies and other expenses of the magistrate division; one dollar ($1.00) of such filing fee shall be paid to the peace officers standards and training fund established in section 19-5116, Idaho Code; one hundred thirty-five dollars ($135) of such filing fee, or in a case assigned to the magistrate division of the district court eighty dollars ($80.00) of such filing fee, shall be paid to the county treasurer who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit into the court technology fund; ten dollars ($10.00) of such filing fee shall be paid to the county treasurer, who shall pay such fees to the state treasurer for deposit in accordance with subsection (15) of this section; and six dollars ($6.00) of such filing fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the senior magistrate judges fund.
(2) Felonies and misdemeanors. A fee of seventeen dollars and fifty cents ($17.50) shall be paid, but not in advance, by each person found guilty of any felony or misdemeanor, except when the court orders such fee waived because the person is indigent and unable to pay such fee. Eleven dollars ($11.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county, with six dollars ($6.00) of such eleven dollars ($11.00) dedicated to provide for the suitable and adequate quarters of the magistrate division of the district court, including the facilities and equipment necessary to make the space provided functional for its intended use, and to provide for the staff personnel, supplies and other expenses of the magistrate division; one dollar ($1.00) of such filing fee shall be paid to the peace officers standards and training fund established in section 19-5116, Idaho Code; and five dollars and fifty cents ($5.50) of such fee shall be paid to the county treasurer, who shall pay such fees to the state treasurer for deposit in accordance with subsection (15) of this section.
(3) Infractions. A fee of sixteen dollars and fifty cents ($16.50) shall be paid, but not in advance, by each person found to have committed an infraction or any minor traffic, conservation or ordinance violation, and a fee of seventeen dollars and fifty cents ($17.50) shall be paid, but not in advance, by each person found to have committed an infraction under section 18-8001 or 49-301, Idaho Code, or a first-time infraction under section 23-604 or 23-949, Idaho Code, and distributed pursuant to subsection (2) of this section; provided that the judge or magistrate may in his or her discretion consolidate separate nonmoving traffic offenses into one (1) offense for purposes of assessing such fee. Eleven dollars ($11.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county, with six dollars ($6.00) of such eleven dollars ($11.00) dedicated to provide for the suitable and adequate quarters of the magistrate division of the district court, including the facilities and equipment necessary to make the space provided functional for its intended use, and to provide for the staff personnel, supplies and other expenses of the magistrate division; one dollar ($1.00) of such filing fee shall be paid to the peace officers standards and training fund established in section 19-5116, Idaho Code; and four dollars and fifty cents ($4.50) of such fee shall be paid to the county treasurer, who shall pay such fees to the state treasurer for deposit in accordance with subsection (15) of this section.
(4) Initial appearance other than plaintiff. A fee of one hundred dollars ($100) shall be paid for any filing constituting the initial appearance by a party, except the plaintiff, in any civil action in the district court or in the magistrate division of the district court, except small claims. If two (2) or more parties are making their initial appearance in the same filing, then only one (1) filing fee shall be collected. Of such fee, four dollars ($4.00) shall be paid to the county treasurer for deposit in the district court fund of the county; eighty dollars ($80.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit into the court technology fund; ten dollars ($10.00) of such fee shall be paid to the county treasurer, who shall pay such fees to the state treasurer for deposit in accordance with subsection (15) of this section; and six dollars ($6.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the senior magistrate judges fund.
(5) Accountings. A fee of nine dollars ($9.00) shall be paid by the person or persons required to make an account pursuant to title 15, Idaho Code, at the time such account is filed. All of such fee shall be paid to the county treasurer for deposit in the district court fund of the county.
(6) Distribution of estate. A fee of twenty-five dollars ($25.00) shall be paid upon the filing of a petition of the executor or administrator or of any person interested in an estate for the distribution of such estate. Six dollars ($6.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county; thirteen dollars ($13.00) of such fee shall be paid to the county treasurer, who shall pay such fees to the state treasurer for deposit in accordance with subsection (15) of this section; and six dollars ($6.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the senior magistrate judges fund.
(7) Third-party claim. A fee of fourteen dollars ($14.00) shall be paid by a party filing a third-party claim as defined in the Idaho rules of civil procedure. Eight dollars ($8.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county; and six dollars ($6.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the senior magistrate judges fund.
(8) Cross-claims. A fee of fourteen dollars ($14.00) shall be paid by any party filing a cross-claim. Eight dollars ($8.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county; and six dollars ($6.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the senior magistrate judges fund.
(9) Change of venue. A fee of twenty-nine dollars ($29.00) shall be paid by a party initiating a change of venue. Such fee shall be paid to the clerk of the court of the county initiating the change. Nine dollars ($9.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county; and twenty dollars ($20.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit into the court technology fund.
(10) Reopening a case.
(a) A fee of eighty-five dollars ($85.00) shall be paid by any party appearing after judgment or applying to reopen a case. Nine dollars ($9.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county; six dollars ($6.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the senior magistrate judges fund; and seventy dollars ($70.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit into the court technology fund.
(b) A fee of one hundred eight dollars ($108) shall be paid by a party applying to reopen a divorce action or modify a divorce decree, with seventeen dollars ($17.00) of the fee to be paid to the county treasurer for deposit in the district court fund of the county; fifteen dollars ($15.00) of such fee to be paid to the county treasurer, who shall pay such fees to the state treasurer for deposit in accordance with subsection (15) of this section; six dollars ($6.00) of such fee to be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the senior magistrate judges fund; and seventy dollars ($70.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit into the court technology fund.
(c) When the application to reopen a case consists only of a motion or other pleading to revive or renew a judgment, a fee of twenty-nine dollars ($29.00) shall be paid by the party filing the motion or pleading. Nine dollars ($9.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county; and twenty dollars ($20.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit into the court technology fund.
(11) Appeal to district court. A fee of thirty-five dollars ($35.00) shall be paid by a party taking an appeal from the magistrate division of the district court to the district court; nine dollars ($9.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county; six dollars ($6.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the senior magistrate judges fund; and twenty dollars ($20.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit into the court technology fund. No additional fee shall be required if a new trial is granted.
(12) Appeal to supreme court. A fee of thirty-five dollars ($35.00) shall be paid by the party taking an appeal from the district court to the supreme court for comparing and certifying the transcript on appeal, if such certificate is required. Nine dollars ($9.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county; six dollars ($6.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the senior magistrate judges fund; and twenty dollars ($20.00) of such fee shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit into the court technology fund.
(13) Fees not covered by this section, including fees to defray the costs of electronic access to court records other than the register of actions, shall be set by rule or administrative order of the supreme court.
(14) All fees required to be paid by this section or by rule or administrative order of the supreme court shall be collected by the clerk of the district court or by a person appointed by the clerk of the district court for this purpose. If it appears that there is a necessity for such fees to be collected by persons other than the clerk of the district court or a person designated by the clerk for such purpose, the supreme court by rule or administrative order may provide for the designation of persons authorized to receive such fees. Persons so designated shall account for such fees in the same manner required of the clerk of the district court and shall pay such fees to the clerk of the district court of the county in which such fees are collected.
(15) That portion of the filing fees required to be remitted to the state treasurer for deposit pursuant to subsections (1), (2), (3), (4), (6) and (10) of this section shall be apportioned eighty-six percent (86%) to the state general fund and fourteen percent (14%) to the peace officers standards and training fund authorized in section 19-5116, Idaho Code, within fifteen (15) days after the end of the month in which such fees were remitted to the county treasurer. That portion of the filing fees required to be remitted to a city treasurer for deposit in the city’s general fund shall be remitted within fifteen (15) days after the end of the month in which such fees were remitted to the county treasurer.
(16) Of the fees derived from the filing of any divorce action required to be transmitted to the state treasurer, the county treasurer shall retain five dollars ($5.00), which shall be separately identified and deposited in the district court fund of the county. Such moneys shall be used exclusively for the purpose of establishing a uniform system of qualifying and approving persons, agencies or organizations to conduct evaluations of persons convicted of domestic assault or battery as provided in section 18-918, Idaho Code, and the administration of section 18-918(7), Idaho Code, relating to the evaluation and counseling or other treatment of such persons, including the payment of the costs of evaluating and counseling or other treatment of an indigent defendant. No provision of chapter 52, title 39, Idaho Code, shall apply to the moneys provided for in this subsection.
(17) In consideration of the fees in this section, the clerk of the district court shall be required to perform all lawful service that may be required of him by any party thereto; provided that he shall not prepare and furnish any certified copy of any file or record in an action, except printed transcript on appeal, without additional compensation as provided by law.
[31-3201A, added 1969, ch. 139, sec. 2, p. 427; am. 1971, ch. 217, sec. 1, p. 972; am. 1972, ch. 31, sec. 1, p. 45; am. 1974, ch. 157, sec. 1, p. 1387; am. 1976, ch. 307, sec. 3, p. 1054; am. 1978, ch. 72, sec. 1, p. 143; am. 1979, ch. 219, sec. 2, p. 608; am. 1980, ch. 125, sec. 1, p. 281; am. 1981, ch. 238, sec. 1, p. 478; am. 1982, ch. 353, sec. 11, p. 879; am. 1985, ch. 28, sec. 1, p. 48; am. 1988, ch. 24, sec. 2, p. 28; am. 1993, ch. 196, sec. 2, p. 536; am. 1995, ch. 223, sec. 2, p. 772; am. 1996, ch. 164, sec. 1, p. 544; am. 1996, ch. 166, sec. 1, p. 548; am. 1996, ch. 256, sec. 2, p. 838; am. 1997, ch. 28, sec. 3, p. 50; am. 1998, ch. 76, sec. 1, p. 274; am. 1998, ch. 420, sec. 2, p. 1325; am. 2003, ch. 237, sec. 3, p. 610; am. 2005, ch. 114, sec. 2, p. 367; am. 2005, ch. 240, sec. 3, p. 745; am. 2006, ch. 267, sec. 2, p. 829; am. 2009, ch. 80, sec. 2, p. 221; am. 2014, ch. 190, sec. 6, p. 509; am. 2016, ch. 344, sec. 7, p. 991; am. 2018, ch. 264, sec. 3, p. 632; am. 2018, ch. 298, sec. 6, p. 708; am. 2022, ch. 21, sec. 2, p. 49; am. 2023, ch. 79, sec. 1, p. 269.]
The court shall charge a fee of fifteen dollars ($15.00) for peace officers standards and training purposes to be paid by each person found guilty of any felony or misdemeanor, or found to have committed an infraction or any minor traffic, conservation or ordinance violation, except for cars unlawfully left or parked or when the court orders such fee waived because the person is indigent and unable to pay such fee; provided, however, that the judge or magistrate may in his discretion consolidate separate nonmoving traffic offenses into one (1) offense for purposes of assessing such fee. Such fees shall be in addition to all other fines and fees levied. Such fees shall be paid to the county treasurer who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the peace officers standards and training fund.
[31-3201B, added 1983, ch. 117, sec. 3, p. 261; am. 1989, ch. 84, sec. 1, p. 145; am. 1994, ch. 193, sec. 1, p. 623; am. 2005, ch. 114, sec. 3, p. 371; am. 2012, ch. 159, sec. 1, p. 435; am. 2023, ch. 78, sec. 5, p. 266.]
The court shall charge a fee of sixty cents (60¢) per hour of community service to be remitted to the state insurance fund for purposes of providing worker’s compensation insurance for persons performing community service; however, if a county is self-insured and provides worker’s compensation insurance for persons performing community service, then remittance to the state insurance fund is not required. This per hour fee shall be paid by each person found guilty of any felony or misdemeanor and community service is provided as part of the sanction or as a condition of a withheld judgment or probation. The court may waive such fee if it determines the person is indigent and unable to pay such fee. Such fees shall be in addition to all other fines and fees levied. Such fees shall be paid to the district court and deposited in the county treasury for payment to the state insurance fund.
[31-3201C, added 1994, ch. 233, sec. 1, p. 725; am. 2000, ch. 33, sec. 1, p. 61; am. 2009, ch. 154, sec. 3, p. 452.]
(1) Any person under a supervised probation program for a misdemeanor offense shall be required to pay an amount not more than the maximum monthly felony probation or parole supervision fee set forth in section 20-225, Idaho Code, per month, or such lesser sum as determined by the administrative judge of the judicial district, as a misdemeanor probation supervision fee. Any failure to pay such fee shall constitute grounds for the revocation of probation by the court, but this shall not be the exclusive remedy for its collection. The court for good cause may exempt a person from the payment of all or any part of the foregoing fee.
(2) Any fee paid under this section on or after July 1, 2008, and regardless of whether the underlying judgment of conviction, withheld judgment or order imposing probation was entered before or after that date, shall be paid to the clerk of the district court, who shall pay the first one dollar ($1.00) of each monthly payment to the state treasurer for deposit in the peace officers standards and training fund authorized in section 19-5116, Idaho Code, to help offset the costs to counties for the basic training, continuing education and certification of misdemeanor probation officers, whether those officers are employees of or by private sector contract with a county; the clerk of the district court shall deposit the remainder of each monthly payment into the county misdemeanor probation fund which is hereby created in each county, or, at the option of the board of county commissioners, deposited in the county justice fund to be used for the purposes described in this section. Moneys from this fee may be accumulated from year to year and shall be expended exclusively for county misdemeanor probation services and related purposes.
(3) This section shall not restrict the court from ordering the payment of other costs and fees, including but not limited to electronic monitoring fees and other fees pursuant to section 19-2608, Idaho Code, that, by law, may be imposed on persons who have been found guilty of or have pled guilty to a criminal offense, including those who have been placed on probation or parole. Such additional costs and fees shall be paid to the clerk of the court if services are provided by the county or directly to the agency providing the service. If fees are paid to the clerk of the court, the clerk of the court shall pay such fees to the county treasurer and such fees shall be used exclusively to cover the costs for which the additional fees have been ordered.
[31-3201D, added 1998, ch. 144, sec. 1, p. 515; am. 2008, ch. 88, sec. 6, p. 247; am. 2011, ch. 128, sec. 2, p. 354; am. 2012, ch. 109, sec. 4, p. 300; am. 2020, ch. 281, sec. 3, p. 819.]
Each person admitted into a drug court or mental health court shall pay a drug court and mental health court fee in an amount not to exceed three hundred dollars ($300) per month or a lesser amount as set by the administrative district judge for participants in the drug court and mental health court. For good cause, the judge presiding over a drug court or mental health court may exempt a participant from paying all or a portion of the drug court and mental health court fee. The fee imposed under this section shall be paid to the clerk of the district court for deposit into the county drug court and mental health court fund which is hereby created in each county that has a drug court or mental health court. Moneys in this fund may be accumulated from year to year and shall be expended exclusively for expenses incurred in connection with the drug court or mental health court including, but not limited to, substance abuse treatment, mental health treatment, drug testing, supervision and private counseling services utilized by the drug court or mental health court. Any failure to pay the drug court and mental health court fee may constitute grounds for termination from drug court or mental health court by the court, provided this shall not be the exclusive remedy for collection of the fee. If a participant is terminated from the drug court or mental health court prior to successful completion of the program and a judgment of conviction is entered against the defendant, any unpaid drug court and mental health court fee shall be ordered by the court in the judgment of conviction, provided the court may order such fee to be waived if the court determines that the person is indigent and unable to pay the fee. Such fee shall be in addition to all other fines and fees levied, and the payment of such fee may also be ordered as a term and condition of probation.
[31-3201E, added 2001, ch. 337, sec. 2, p. 1198; am. 2004, ch. 249, sec. 1, p. 715; am. 2005, ch. 358, sec. 9, p. 1132.]
The court shall charge a fee of one hundred fifty dollars ($150) for reimbursement of expenses incurred in the disposition of an abandoned vehicle to be paid by each person found to have committed a traffic infraction according to the provisions of section 49-1802, Idaho Code. Such fees shall be in addition to all other fines and fees levied. Such fees shall be paid to the county treasurer who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit to the abandoned vehicle trust account. Each fee shall be accompanied by a record of the conviction.
[31-3201F, added 2002, ch. 366, sec. 1, p. 1033.]
(1) In addition to any other filing and reporting fees applicable to guardianships and conservatorships, the court shall charge the following fees:
(a) Fifty dollars ($50.00) for filing cases involving guardianships or conservatorships;
(b) Forty-one dollars ($41.00) for reports required to be filed with the court by conservators; and
(c) Twenty-five dollars ($25.00) for reports required to be filed with the court by guardians.
(2) The additional fees set forth in paragraphs (a), (b) and (c) of subsection (1) of this section shall be paid to the county treasurer, who shall pay such fees to the state treasurer for deposit in the guardianship and conservatorship project fund, which is hereby created in the state treasury. The fund shall be administered by the Idaho supreme court and shall consist of fees as provided in this section, any moneys recovered pursuant to section 15-5-314(2), Idaho Code, and any funds as may be appropriated by the legislature, grants, donations and moneys from other sources.
(3) Moneys in the fund shall be expended exclusively for the development of a project which shall be designed to improve reporting and monitoring systems and processes for the protection of persons and their assets where a guardian or conservator has been appointed. Elements of the project may include, but are not limited to, the following:
(a) The adoption of standards of practice for guardians;
(b) A requirement that guardians be registered;
(c) Consideration of an office of the public guardian in counties in which the project operates;
(d) A review of the strengths of Idaho law regarding the treatment and care of developmentally disabled persons; and
(e) If federal or grant funding is available, funding for adult protection services to seek guardians in cases for which volunteers cannot be enlisted.
(4) The supreme court shall report annually to the senate judiciary and rules committee and the house judiciary, rules and administration committee regarding the progress of the project.
Guardianship and conservatorship project FUND. [effective January 1, 2027]
(1) In addition to any other filing and reporting fees applicable to guardianships and conservatorships, the court shall charge the following fees:
(a) Fifty dollars ($50.00) for filing cases involving guardianships or conservatorships;
(b) Forty-one dollars ($41.00) for reports required to be filed with the court by conservators; and
(c) Twenty-five dollars ($25.00) for reports required to be filed with the court by guardians.
(2) The additional fees set forth in paragraphs (a), (b) and (c) of subsection (1) of this section shall be paid to the county treasurer, who shall pay such fees to the state treasurer for deposit in the guardianship and conservatorship project fund, which is hereby created in the state treasury. The fund shall be administered by the Idaho supreme court and shall consist of fees as provided in this section and any funds as may be appropriated by the legislature, grants, donations and moneys from other sources.
(3) Moneys in the fund shall be expended exclusively for the development of a project which shall be designed to improve reporting and monitoring systems and processes for the protection of persons and their assets where a guardian or conservator has been appointed. Elements of the project may include, but are not limited to, the following:
(a) The adoption of standards of practice for guardians;
(b) A requirement that guardians be registered;
(c) Consideration of an office of the public guardian in counties in which the project operates;
(d) A review of the strengths of Idaho law regarding the treatment and care of developmentally disabled persons; and
(e) If federal or grant funding is available, funding for adult protection services to seek guardians in cases for which volunteers cannot be enlisted.
(4) The supreme court shall report annually to the senate judiciary and rules committee and the house judiciary, rules and administration committee regarding the progress of the project.
[31-3201G, added 2005, ch. 55, sec. 1, p. 209; am. 2014, ch. 164, sec. 6, p. 464; am. 2026, ch. 79, sec. 24, p. 416.]
(1) The court shall charge a surcharge fee to be paid by each defendant for each criminal offense or infraction committed on or after April 15, 2010, for which the defendant is found or pleads guilty. Such fee shall be in addition to all other fines and fees levied.
(2) The amount of the surcharge fee shall be as follows:
(a) For each felony, the fee shall be one hundred dollars ($100);
(b) For each misdemeanor and for each infraction under section 18-8001 or 49-301, Idaho Code, or each first-time infraction under section 23-604 or 23-949, Idaho Code, the fee shall be fifty dollars ($50.00); and
(c) For each infraction, except each infraction under section 18-8001 or 49-301, Idaho Code, or each first-time infraction under section 23-604 or 23-949, Idaho Code, the fee shall be ten dollars ($10.00).
(3) The fee shall be collected by the clerk of the district court and shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer, who shall deposit eighty percent (80%) of such fees in the state general fund and twenty percent (20%) of such fees in the court technology fund created by section 1-1623, Idaho Code.
[31-3201H, added 2010, ch. 205, sec. 3, p. 446; am. 2013, ch. 80, sec. 1, p. 199; am. 2014, ch. 190, sec. 7, p. 513; am. 2016, ch. 34, sec. 1, p. 84; am. 2016, ch. 344, sec. 8, p. 995; am. 2018, ch. 298, sec. 7, p. 713; am. 2023, ch. 78, sec. 6, p. 267.]
When ordered by the court to make one (1) of the following payments in a criminal or infraction case, a defendant shall make the payment to the clerk of the court in which the judgment was entered. The judgment shall be satisfied accordingly by entry in the electronic docket of the court, and the clerk of the court shall remit daily all such payments to the county auditor who shall, at least monthly, distribute the payments received as required by statute. The distributions shall first completely satisfy the amounts due in the following order before distribution of payments for any other amounts owed to the court, and any payment applied to a category below in which more than one (1) payment was ordered shall be distributed in proportion to the relative amounts of such ordered payments:
(1) Fees for each felony, misdemeanor, and infraction paid pursuant to section 31-3201A(2) and (3), Idaho Code;
(2) Fines or reimbursements paid for the crime victims compensation account pursuant to section 72-1025, Idaho Code;
(3) Misdemeanor probation supervision fees, including court-ordered costs and fees, paid pursuant to section 31-3201D, Idaho Code;
(4) Pretrial release supervision fees paid pursuant to section 31-3201J, Idaho Code;
(5) County drug and mental health fund fees paid pursuant to section 31-3201E, Idaho Code;
(6) Fines paid for the peace officer and detention officer temporary disability fund pursuant to section 72-1105, Idaho Code;
(7) Restitution to victims of crime paid and distributed pursuant to section 19-5304, Idaho Code, if paid through the clerk of the court;
(8) Fines entered on behalf of victims in cases of crimes of violence paid pursuant to section 19-5307, Idaho Code;
(9) Community service fees paid pursuant to section 31-3201C, Idaho Code;
(10) Victim notification fund fees paid pursuant to section 31-3204, Idaho Code;
(11) Court technology fees paid pursuant to section 31-3201(5), Idaho Code;
(12) Surcharge fees paid pursuant to section 31-3201H, Idaho Code;
(13) Peace officers standards and training fees paid pursuant to section 31-3201B, Idaho Code;
(14) Domestic violence court fees paid pursuant to section 32-1410, Idaho Code;
(15) Criminal and infraction fines;
(16) Reimbursement for public defender costs paid pursuant to section 19-6011(7), Idaho Code;
(17) Costs of prosecution ordered as a condition of probation and paid pursuant to section 19-2601, Idaho Code, and Idaho criminal rule 33(d)(2);
(18) Domestic violence fines for the domestic violence project account paid pursuant to section 39-6312, Idaho Code;
(19) Drug hotline fees paid pursuant to section 37-2735A, Idaho Code;
(20) Additional fish and game fines for the search and rescue fund paid pursuant to section 36-1405, Idaho Code;
(21) County administrative surcharge fees paid pursuant to section 31-3201(3), Idaho Code;
(22) Motor vehicle violation surcharge fees and ignition interlock and electronic monitoring fees paid pursuant to sections 18-8008 and 18-8010, Idaho Code;
(23) Costs for toxicology testing paid pursuant to section 37-2732C(g), Idaho Code;
(24) Costs incurred by law enforcement agencies in investigating controlled substance violations pursuant to chapter 27, title 37, Idaho Code, violations of the racketeering act pursuant to section 18-7804, Idaho Code, or money laundering and illegal investment provisions of section 18-8201, Idaho Code, paid pursuant to section 37-2732(k), Idaho Code;
(25) Restitution for the repair or replacement of simulated wildlife paid pursuant to section 36-1101(b)(8), Idaho Code;
(26) Abandoned vehicle fees paid pursuant to section 31-3201F, Idaho Code; and
(27) Any other amounts paid pursuant to any statutory section not referenced in this section.
[31-3201I, added 2018, ch. 189, sec. 1, p. 414; am. 2019, ch. 217, sec. 2, p. 657; am. 2020, ch. 130, sec. 1, p. 414; am. 2020, ch. 281, sec. 4, p. 820; am. 2023, ch. 220, sec. 37, p. 684.]
(1) Any person under a supervised pretrial release program may be required to pay an amount not more than the maximum monthly misdemeanor probation supervision fee set forth in section 31-3201D, Idaho Code, per month, or such lesser sum as determined by the administrative judge of the judicial district, as a pretrial release supervision fee to cover the actual costs of supervising the defendant while in the supervised pretrial release program.
(2) A defendant shall not be required to pay the pretrial supervision fee authorized in subsection (1) of this section until after a judgment of conviction or withheld judgment.
(3) The pretrial supervision fee shall be paid to the clerk of the court, who shall pay such fees to the county treasurer. Such fees shall be used exclusively to cover the costs of the pretrial services provided by the pretrial services agency that has been designated to provide such services.
(4) The court may also order the defendant to pay additional fees to cover the actual costs of electronic monitoring, alcohol testing, or drug testing if such monitoring or testing is a condition of the defendant’s release. Such additional fees may be paid to the clerk of the court or directly to the provider of the service. If fees are paid to the clerk of the court, the clerk of the court shall pay such fees to the county treasurer and such fees shall be used exclusively to cover the costs for which the additional fees have been ordered.
(5) Based on a finding of indigence or other good cause, the court may exempt the defendant from the payment of all or any part of the fees authorized by this section, and no defendant shall be denied release or denied participation in a supervised pretrial release program because of an inability to pay the fees authorized by this section. Any unpaid pretrial services fee shall be considered a debt owed to the court and may be collected in the manner provided by law for the collection of such debts.
[31-3201J, added 2019, ch. 217, sec. 3, p. 658; am. 2020, ch. 281, sec. 5, p. 821.]
When ordered by the court to make one (1) of the following payments in a case filed under the juvenile corrections act, chapter 5, title 20, Idaho Code, the person so ordered shall make the payment to the clerk of the court in which the judgment was entered. The judgment shall be satisfied accordingly by entry in the electronic docket of the court, and the clerk of the court shall remit daily all such payments to the county auditor, who shall, at least monthly, distribute the payments received as required by statute. The distributions shall first completely satisfy the amounts due in the following order before distribution of payments for any other amounts owed to the court, and any payment applied to a category as provided in this section in which more than one (1) payment was ordered shall be distributed in proportion to the relative amounts of such ordered payments:
(1) Restitution to or making whole any victim who suffers an economic loss as a result of the juvenile offender’s conduct paid pursuant to section 20-520(3), Idaho Code;
(2) Detention/probation training academy fee paid pursuant to section 20-520(1)(q), Idaho Code;
(3) Juvenile drug court or mental health court fee paid pursuant to section 31-3201E, Idaho Code;
(4) Juvenile pretrial supervision fee paid pursuant to section 20-516A, Idaho Code;
(5) County juvenile probation supervision fee paid pursuant to section 20-520(1)(s), Idaho Code;
(6) Court-ordered tests of breath or bodily fluids pursuant to section 19-2608, Idaho Code;
(7) Community service fee paid pursuant to section 20-520(1)(r), Idaho Code;
(8) Probationary contract violation assessment paid pursuant to section 20-522, Idaho Code;
(9) Detention costs paid pursuant to section 20-524(2), Idaho Code;
(10) Costs of support and treatment of a juvenile paid pursuant to section 20-524(1), Idaho Code;
(11) Reimbursement of public defender costs paid pursuant to section 20-514(7), Idaho Code;
(12) Reimbursement for costs of toxicology testing paid pursuant to section 37-2732C(g), Idaho Code;
(13) Reimbursement for costs incurred by law enforcement agencies in investigating controlled substance violations pursuant to chapter 27, title 37, Idaho Code, violations of the racketeering act pursuant to section 18-7804, Idaho Code, or money laundering and illegal investment provisions of section 18-8201, Idaho Code, paid pursuant to 37-2732(k), Idaho Code;
(14) Reimbursement for costs paid by a county for psychosexual evaluations paid pursuant to section 18-8318, Idaho Code; and
(15) Any other amounts paid pursuant to any statutory section not referenced in this section.
[31-3201K, added 2026, ch. 93, sec. 1, p. 520.]
In any action instituted in the name of any county auditor, as trustee for the county for the foreclosure of any tax lien, no state stenographer’s fee must be charged or received by the clerk of the district court.
[(31-3202) 1917, ch. 36, proviso in sec. 5, p. 83; reen. C.L., sec. 2121a; C.S., sec. 3703; I.C.A., sec. 30-2702.]
The board of county commissioners of each respective county shall have the power to set sheriff’s fees by a resolution of the board for the services herein specified in an amount reasonably related to but not exceeding the actual costs of such service. The sheriff is allowed and may demand and receive such fees. In the event that the board of commissioners does not resolve to set fees by resolution as herein described, the sheriff is allowed and may demand and receive the fees hereinafter specified:
For serving summons and complaint, or any other process by which an action or proceeding is commenced, on each defendant
For serving an attachment on property, or levying an execution, except for a writ of wage garnishment or financial institution garnishment, or executing an order of arrest, or order for the delivery of personal property
For his trouble and expense in taking and keeping possession of and preserving property under attachment or execution, or other process, such sum as the court may order: provided, however, that said sum shall be no more than five dollars ($5.00) per diem or the reasonable costs incurred by a keeper in preserving said property.
For making and issuing a keeper’s receipt
For taking a bond or undertaking in any case in which he is authorized to take the same
For copy of and making return on any writ, except for a writ of wage garnishment or financial institution garnishment, process or other paper, when demanded or required by law
For serving every notice, rule or order
For making and posting notices, and advertising property for sale on attachment or execution, or under any judgment or order of sale, exclusive of the costs of publication, each notice, per folio
For serving a writ of possession or restitution, putting a person in possession of premises and removing the occupant
For holding each inquest, or trial of right of property, to include all services in the matter except mileage
For serving a subpoena, for each witness summoned
For commissions for receiving and paying over money on execution or other process, when land or personal property has been levied on and sold, on the first one thousand dollars ($1,000), two percent (2%); on all sums above that amount, one percent (1%); but in no case of sale of real estate shall his commission exceed the sum of
When the amount of such sale is credited on the debt and no money is transferred, then one-half (1/2) of such commission.
For commissions for receiving and paying over money on execution without levy, except for a writ of wage garnishment or financial institution garnishment, or where lands or goods levied on are not sold, on the first one thousand dollars ($1,000), one and one-half percent (1 1/2%); and one-half (1/2) of one percent (1%) on all over that sum, but not to exceed in any case
The fees herein allowed for the levy of an execution, costs for advertising and percentage for making or collecting the money on execution, must be collected from the judgment debtor by virtue of such execution, in the same manner as the sum therein directed to be made.
For drawing and executing a sheriff’s deed, including the acknowledgment, to be paid by the grantee before delivery
For executing a certificate of sale, exclusive of the filing and recording of same
For making every arrest in a criminal proceeding
For summoning each juror
For serving a subpoena in a criminal action or proceeding, for each witness summoned
For traveling to serve any summons and complaint, or any other process, except for a writ of wage garnishment or financial institution garnishment, by which an action or proceeding is commenced, notice, rule, order, subpoena, venire, attachment on property, to levy an execution, to post notice of sale, to sell property under execution or other order of sale, or execute an order of arrest, or order for the delivery of personal property, writ of possession or restitution, to hold inquest or trial of right of property, for each mile actually and necessarily traveled for the first twenty-five (25) miles no charge shall be allowed, and for any miles traveled over twenty-five (25) miles, even if process is not served, the following shall be allowed, in going only
For traveling to execute any warrant of arrest, subpoena, venire or other process in criminal cases, or for taking a prisoner from prison, before a court or magistrate, or for taking a prisoner from the place of arrest to prison, or before a court or magistrate, for each mile actually and necessarily traveled, in going only
For each additional prisoner taken at the same time, per mile
But if any two (2) or more papers be required to be served in the same action or proceeding, civil or criminal, or be in the possession of the sheriff for service at the same time, and in the same direction, one (1) mileage only shall be charged; and in serving a subpoena, venire, process or paper, when two (2) or more jurors, witnesses, parties or persons to be served reside or are found in the same direction, traveling fees must be charged only for the most distant; and only one (1) mileage per day must be charged for taking a prisoner from prison before a court or magistrate; and constructive mileage must in no case be charged or allowed.
For all services under the election laws, the same mileage and fees as in this chapter provided for similar services.
For postage and processing of each mail renewal class D driver’s license authorized pursuant to section 49-319
, Idaho Code
For wage and financial institution garnishment, the board of county commissioners shall set sheriff’s fees as set forth in section 11-729, Idaho Code.
[(31-3203) 1890-1891, p. 174, sec. 2; reen. 1899, p. 116, sec. 2; modified by 1899, p. 340, sec. 5; compiled R.C., sec. 2122; am. 1911, ch. 197, sec. 1, p. 660; compiled and reen. C.L., sec. 2122; C.S., sec. 3704; am. 1929, ch. 83, sec. 2, p. 134; I.C.A., sec. 30-2703; am. 1943, ch. 171, sec. 1, p. 359; am. 1961, ch. 17, sec. 1, p. 18; am. 1967, ch. 287, sec. 1, p. 797; am. 1973, ch. 2, sec. 5, p. 4; am. 1974, ch. 109, sec. 1, p. 1252; am. 1982, ch. 173, sec. 1, p. 457; am. 1983, ch. 58, sec. 1, p. 135; am. 1992, ch. 68, sec. 1, p. 202; am. 1995, ch. 76, sec. 1, p. 205; am. 2003, ch. 39, sec. 1, p. 159; am. 2017, ch. 303, sec. 10, p. 813.]
The court shall charge a fee of fifteen dollars ($15.00) for victim notification purposes to be paid by each person found guilty of each felony, misdemeanor or infraction under section 18-8001 or 49-301, Idaho Code, or first-time infraction under section 23-604 or 23-949, Idaho Code, except when the court orders such fee waived because the person is indigent and unable to pay such fee. Such fee shall be in addition to all other fines and fees levied. Such fee shall be paid to the county treasurer who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the state victim notification fund established in section 67-2912, Idaho Code.
[31-3204, added 2012, ch. 114, sec. 1, p. 316; am. 2014, ch. 335, sec. 1, p. 828; am. 2016, ch. 344, sec. 9, p. 996; am. 2018, ch. 298, sec. 8, p. 713; am. 2023, ch. 78, sec. 7, p. 267.]
(1) The county recorder is allowed and may receive for his services the following fees to be paid him by the party procuring his services:
(a) Except as otherwise set forth in this section, for recording every instrument, paper or notice, for the first page
For each additional page
(b) For recording each of the following types of instruments, provided such instrument is thirty (30) pages or less:
(i) Deeds, grants and transfers of title to real property
(ii) Trust deeds or mortgages of real property, including fixture filings, security agreements and assignments of leases and rents if contained within the same instrument for recording
(iii) Reconveyances of trust deeds, reconveyances of trust deeds that include a substitution of trustee if contained within the same instrument for recording, and releases of mortgages
(iv) Substitution of a trustee
(v) Powers of attorney
For each additional page beyond thirty (30) pages for an instrument listed in this paragraph
(c) For electronic copies (as defined in subsection (2) of this section) requested on a recurring basis, for each page or image
(d) For copies of any record or paper, for each page
(e) For each certificate under seal, when required
(f) For release or assignment where more than one (1) document is released or assigned in the same instrument, for each additional release or assignment
(g) For recording every town plat or map, for the first one hundred (100) lots or less
For each additional lot
(h) For taking acknowledgments, including seal
(i) For filing a survey, for each page
(j) For making a copy of a survey or highway right-of-way plat
(k) For issuing marriage license, filing, recording and indexing the certificate of marriage and taking and filing affidavits required in issuance of the license
(l) For administering an oath, including jurat
And certifying the same when required, an additional fee of
(m) For comparing and certifying a prepared copy of a file or record in his office, for each page
(n) For each certificate under seal, an additional fee of
(2) Electronic copies shall include copies provided via internet download, on a compact disc, zip disc, floppy disc, or other electronic means. The county recorder shall provide electronic copies if the record is maintained in electronic form and if the person specifically requests an electronic copy.
(3) For duplication of recorded documents in paper, microfilm or microfiche format requested on a recurring basis in excess of one hundred (100) pages, the fee shall be negotiated between the county recorder and the purchaser of records. The fee shall not exceed the costs to the county recorder for the retrieval and duplication of the record. These negotiated fees shall be recommended by the county recorder and approved by the board of county commissioners. Any existing agreements for duplication of paper, microfilm or microfiche documents in excess of one hundred (100) pages are hereby ratified and approved. Any negotiated fees shall remain in effect until such time as either party requests a review of the fee.
(4) All instruments delivered to the county recorder for record shall be recorded rather than filed with the exception of plats, surveys, corner records, and instruments under the uniform commercial code.
(5) For all other services as recorder, not enumerated herein, the fee shall be as fixed in the statute requiring the service or the same fee as allowed the clerk of the district court for like service.
(6) A page shall not exceed fourteen (14) inches in length nor eight and one-half (8 1/2) inches in width. Each page shall be typewritten or be in legible writing. The recording fee to be charged for maps, sketches, drawings or other instruments except plats larger than the size permitted in this subsection for a page shall be two cents (2¢) per square inch.
[(31-3205) 1890-1891, p. 174, sec. 4; reen. 1899, p. 116, sec. 4; modified by 1899, p. 405; compiled R.C., sec. 2124; am. 1911, ch. 173, sec. 1, p. 507; compiled and reen. C.L., sec. 2124; C.S., sec. 3706; I.C.A., sec. 30-2705; am. 1935, ch. 105, sec. 1, p. 254; am. 1949, ch. 168, sec. 1, p. 364; am. 1951, ch. 251, sec. 1, p. 540; am. 1959, ch. 72, sec. 1, p. 157; am. 1967, ch. 272, sec. 6, p. 745; am. 1969, ch. 199, sec. 1, p. 574; am. 1976, ch. 281, sec. 3, p. 963; am. 1979, ch. 61, sec. 1, p. 163; am. 1981, ch. 293, sec. 1, p. 613; am. 1982, ch. 275, sec. 1, p. 706; am. 1984, ch. 29, sec. 1, p. 50; am. 1986, ch. 14, sec. 1, p. 55; am. 1987, ch. 29, sec. 1, p. 38; am. 1994, ch. 364, sec. 1, p. 1139; am. 2006, ch. 286, sec. 1, p. 882; am. 2008, ch. 111, sec. 1, p. 313; am. 2010, ch. 137, sec. 1, p. 291; am. 2013, ch. 280, sec. 1, p. 728; am. 2017, ch. 237, sec. 1, p. 583; am. 2018, ch. 187, sec. 1, p. 411; am. 2022, ch. 43, sec. 1, p. 112.]
Each county recorder shall record, free of charge, all clear lists of lands granted to the state by the United States.
[(31-3206) 1911, ch. 63, part of sec. 1, p. 184; compiled and reen. C.L., sec. 2124a; C.S., sec. 3707; am. 1921, ch. 13, sec. 1, p. 12; I.C.A., sec. 30-2706.]
For services as county auditor, not enumerated in this chapter, the fee fixed by the statute requiring the service shall be charged and collected, or the same fee as allowed the county recorder as provided by section 31-3205, Idaho Code, shall be charged and collected.
[(31-3207) 1890-1891, p. 174, sec. 4; reen. 1899, p. 116, sec. 4; modified by 1899, p. 405; compiled R.C., sec. 2124; reen. 1911, ch. 173, sec. 1, p. 567; compiled and reen. C.L., sec. 2124b; C.S., sec. 3708; I.C.A., sec. 30-2707; am. 1989, ch. 72, sec. 1, p. 116.]
The officers mentioned in this title are not in any case, except for the state or county, to perform any official services unless upon prepayment of the fees prescribed for such services by law, except as in the succeeding sections provided: provided further, that the attorney-general or any prosecuting attorney may cause subpoenas to be issued on behalf of the state, without paying or tendering fees in advance to any officers, and on such payment the officer must perform the services required.
For every failure or refusal to perform official duty when the fees are tendered, the officer is liable on his official bond.
[(31-3211) R.S., sec. 2137; modified by R.S., sec. 2146; am. and reen. R.C. & C.L., sec. 2128; C.S., sec. 3712; I.C.A., sec. 30-2711.]
(1) No filing or recording fee of any kind shall be charged or received by any county officer mentioned in this chapter for duties performed or services rendered in proceedings in habeas corpus, unless the habeas corpus petitioner is a prisoner as defined in section 31-3220A, Idaho Code.
(2) County officers shall not charge any fee against, or receive any compensation whatever from, the state or any county of Idaho for any services rendered in any action or proceeding in which the state of Idaho, or any state board, or state officer in his official capacity, or any county of Idaho, or county officer in his official capacity, is a party.
(3) If the habeas corpus petitioner or appellant is a prisoner, and is not an indigent prisoner as defined in section 31-3220A, Idaho Code, the prisoner may be required to pay all or part of the filing fees on appeal as set forth in sections 31-3201 and 31-3201A, Idaho Code. If the appellant is an indigent prisoner, as found by the court under section 31-3220A, Idaho Code, the transcript on appeal will be paid for as provided in section 1-1105(2), Idaho Code.
(4) In habeas corpus cases on appeal to the supreme court of the state of Idaho, in which the appellant is not a prisoner but is otherwise restrained of his liberty by any public officer, the transcript for use on the appeal will be paid for by the appellant. If the appellant under this paragraph is indigent, the transcript and/or record for use on the appeal will be paid for in the manner as provided in section 1-1105(2), Idaho Code.
(5) In habeas corpus cases on appeal to the supreme court of the state of Idaho, in which the custody of children is in controversy, the appellant, unless he be indigent, shall pay for the record on appeal. If the appellant under this paragraph is indigent, the record and/or transcript will be paid for as provided in section 1-1105(2), Idaho Code.
[(31-3212) R.S., sec. 2138; am. 1901, p. 162, sec. 1; reen. R.C. & C.L., sec. 2129; C.S., sec. 3713; I.C.A., sec. 30-2712; am. 1967, ch. 52, sec. 1, p. 98; am. 1982, ch. 281, sec. 1, p. 715; am. 1996, ch. 420, sec. 5, p. 1401.]
No judge or clerk of court, county clerk, county auditor or any other county officer shall be allowed to charge any honorably discharged male or female veteran who had active service in any war or conflict officially engaged in by the government of the United States or their dependents or legal representative thereof, any fee for administering any oath or giving any official certificate for the procuring of any pension, bounty or back pay, nor for administering any oath or oaths and giving the certificate required upon any voucher for collection of periodical dues from the pension agent, nor any fee for services rendered in perfecting any voucher. Any such officer who may require and accept fees for such services shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than ten dollars ($10.00) nor more than fifty dollars ($50.00).
[(31-3213) 1895, p. 36, secs. 1, 2; reen. 1899, p. 242, secs. 1, 2; reen. R.C. & C.L., sec. 2129a; C.S., sec. 3714; I.C.A., sec. 30-2713; am. 1969, ch. 24, sec. 1, p. 48.]
Every officer whose fees are herein ascertained must publish and set up in his office fair tables of his fees, according to this title, within one (1) month after he enters upon the duties of his office, in some conspicuous place, for inspection of all persons who have business in his office, upon pain of forfeiting for each day a sum not exceeding twenty dollars ($20.00), which may be recovered by any person by action before any justice of the peace of the same county, with costs.
[(31-3214) R.S., sec. 2139; reen. R.C. & C.L., sec. 2130; C.S., sec. 3715; I.C.A., sec. 30-2714.]
If any clerk, sheriff, justice of the peace, or constable, shall not have received any fees which may be due him for services rendered in any suit or proceeding, he may have execution therefor, in his own name, against the party from whom they are due, to be issued from the court in which the action is pending.
[(31-3215) R.S., sec. 2140; reen. R.C. & C.L., sec. 2131; C.S., sec. 3716; I.C.A., sec. 30-2715; am. 1970, ch. 120, sec. 13, p. 284.]
When any sheriff, constable or coroner serves more than one (1) process in the same case, not requiring more than one (1) journey from his office, he shall receive mileage only for the most distant service.
[(31-3217) R.S., sec. 2142; reen. R.C. & C.L., sec. 2133; C.S., sec. 3718; I.C.A., sec. 30-2717.]
Every officer upon receiving any fees for official duty or services, may be required by the person making the same to make out in writing and deliver to such person a particular account of such fees, specifying for what they respectively accrued, and shall receipt for the same; and if he refuses or neglects to do so, when required, or shall receive illegal fees, he shall be liable to the party paying for three (3) times the amount so paid.
[(31-3218) R.S., sec. 2144; reen. R.C. & C.L., sec. 2134; C.S., sec. 3719; I.C.A., sec. 30-2718.]
The county recorder, and the clerk of the district court, is allowed, and may receive for his services, the following fees, to be paid him by the party procuring his services:
For photographic copies of any record the sum of $1.00 per page.
[31-3219, added 1957, ch. 166, sec. 1, p. 300; am. 1959, ch. 66, sec. 1, p. 138.]
(1) For purposes of this section, the following definitions shall apply:
(a) "Action" means any civil suit, action, proceeding or appeal of any such action, including a habeas corpus action, but excluding proceedings brought pursuant to chapter 49, title 19, Idaho Code.
(b) "Court" means the district court (including its magistrates division), the court of appeals of Idaho or the supreme court of Idaho.
(c) "Frivolous" means a claim which has no arguable basis in law or fact, or is substantially similar to a previous claim that has been dismissed with prejudice or is barred by res judicata or collateral estoppel.
(d) "Indigent" means a person who is not a prisoner, as defined in section 31-3220A, Idaho Code, and who is found by the court to be unable to pay fees, costs or give security for the purpose of prepayment of fees, costs or security in a civil action.
(e) "Malicious" means a claim which appears to be intended solely to harass the party.
(2) The court may authorize the commencement or defense of any action without prepayment of fees, costs or security, by any indigent person not a prisoner, providing:
(a) The person files an affidavit that he is indigent as provided in subsection (3) of this section, and unable to pay fees, costs or give security; and
(b) The court finds, after informal inquiry, that the person is indigent for the purpose of prepayment of fees, costs or security.
(3) The affidavit shall contain complete information as to:
(a) The person’s identity;
(b) The nature and amount of his income;
(c) His spouse’s income;
(d) The real and personal property owned;
(e) His cash or checking accounts;
(f) His dependents;
(g) His debts;
(h) His monthly expenses;
(i) The nature of the action;
(j) The affiant’s belief that he is entitled to redress.
The affidavit shall also contain the following statements: "I am unable to pay the court costs. I verify that the statements made in this affidavit are true and correct." The affidavit shall be sworn as required by law.
(4) No fees, costs or security shall be waived at the commencement of an action if the court finds and certifies in writing that the action is frivolous, malicious or otherwise not taken in good faith.
(5) Upon the filing of an affidavit as set forth in this section and a finding that the person is indigent, the court may direct that the expense of printing the record and/or transcript for use on appeal be paid out of the district court fund of the county in which the action was filed.
(6) The officers of the court shall issue and serve all process, and perform all duties in cases in which the person is found by the court to be indigent. Witnesses shall attend as in other cases, and the same remedies shall be available in other civil cases. Payment of fees for service of process and witnesses, where required, shall be paid out of the district court fund of the county in which the action is filed.
(7) The court may retroactively require payment for any fees, costs or security which may have been waived in the action if the court finds that any allegation contained in the affidavit of inability to pay fees is untrue, or if the court is satisfied that the action is frivolous or malicious.
(8) Judgment may be entered for attorney fees and costs at the conclusion of the action as in other cases. If the cost of the transcript or printed record has been paid out of the district court fund for the prevailing party, that party may be taxed in favor of the district court fund.
[31-3220, added 1977, ch. 228, sec. 1, p. 680; am. 1979, ch. 222, sec. 1, p. 617; am. 1996, ch. 420, sec. 6, p. 1402.]
(1) For the purposes of this section, the following definitions shall apply:
(a) "Action" means a civil suit, action, proceeding, or appeal of any such action, including habeas corpus, but excluding proceedings brought pursuant to chapter 49, title 19, Idaho Code.
(b) "Inmate account" means an account managed by officials of state, local or private correctional facilities, as defined in section 18-101A, Idaho Code, to which the prisoner has access to purchase personal property from the correctional facility’s commissary in addition to property and supplies provided by the county, state or private correctional facility to meet the prisoner’s basic needs.
(c) "Prisoner" shall have the meaning provided in section 18-101A, Idaho Code.
(2) A prisoner who seeks to file an action with partial payment of court fees required in sections 31-3201 and 31-3201A, Idaho Code, shall file the following at the time of filing of an action:
(a) A motion to proceed on partial payment of court fees under this section;
(b) An affidavit of inability to pay all court fees at the time of filing the action, containing complete information as to:
(i) The prisoner’s identity;
(ii) The nature and amount of the prisoner’s income;
(iii) The prisoner’s spouse’s income;
(iv) The real and personal property owned;
(v) His cash or checking accounts;
(vi) His dependents;
(vii) His debts;
(viii) His monthly expenses;
(ix) The nature of the action;
(x) The affiant’s belief that he is entitled to redress;
The affidavit shall also contain the following statements: "I am unable to pay all court costs at the time of filing the action. I verify that the statements made in this affidavit are true and correct." The affidavit shall be sworn as required by law; and
(c) A certified copy of his inmate account that reflects the activity of his account over his period of incarceration or for twelve (12) months, whichever is less. The copy of the prisoner’s inmate account shall be certified by a custodian of inmate accounts of the office of the county sheriff, the department of correction, or the private correctional facility.
Upon filing of the action and motion to proceed under this section, the prisoner shall also serve a copy of each document filed in compliance with this subsection upon counsel for the county sheriff, the department of correction, or the private correctional facility.
(3) Upon review of the information provided and considering the prisoner’s ability to pay all court fees at the time of filing the action, the court shall order the prisoner to pay all or part of the court fees as set forth in sections 31-3201 and 31-3201A, Idaho Code.
(4) If the court permits the prisoner’s action to proceed on partial payment of court fees, the court shall assess and, when funds exist, collect a partial payment of any court fees as set forth in sections 31-3201 and 31-3201A, Idaho Code, an initial partial filing fee of twenty percent (20%) of the greater of:
(a) The average monthly deposits to the prisoner’s inmate account; or
(b) The average monthly balance for the six (6) month period immediately preceding the filing of the action.
(5) After payment of the initial partial filing fee, the prisoner shall be required to make monthly payments of twenty percent (20%) of the preceding month’s income credited to the prisoner’s inmate account until the full amount of all applicable court fees set forth in sections 31-3201 and 31-3201A, Idaho Code, are paid. The agency or entity having custody of the prisoner shall forward payments from the prisoner’s inmate account to the clerk of the court each time the amount in the prisoner’s inmate account exceeds ten dollars ($10.00) until the full amount of all applicable court fees set forth in sections 31-3201 and 31-3201A, Idaho Code, are paid.
(6) In no event shall the court fees collected exceed the amount of fees permitted by statute for the commencement of an action.
(7) In no event shall a prisoner be prohibited from bringing an action for the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee.
(8) The court may dismiss an action filed under this section, in whole or in part, on its own motion or by motion of a party, upon a finding that:
(a) The prisoner has failed to pay the court fees under subsection (3) of this section within thirty (30) days of the entry of the order for court fees, or any time thereafter; or
(b) Any allegation in the prisoner’s affidavit filed under this section is false.
(9) If the action or any part of it is dismissed without prejudice under subsection (8) of this section, and the prisoner refiles the action, the following shall apply:
(a) The requirements under this section must be met again in their entirety; and
(b) No amount paid for court fees in any previously filed action, or any part thereof, shall be credited to the court fees required under sections 31-3201 and 31-3201A, Idaho Code.
(10) The court may refuse further filings under this section until the order for court fees has been satisfied in any previous action filed under this section.
(11) The office of the attorney general, the county prosecutor, or other counsel for the defendant or respondent, is authorized to receive information from the county sheriff, department of correction, or private correctional facility in order to verify the financial information submitted by a prisoner pursuant to this section.
(12) The court may request an official or officials of the county jail, department of correction, or private correctional facility to file an affidavit concerning the allegations in the prisoner’s affidavit or concerning the merits of the action prior to determination whether to proceed under this section.
(13) The court may require the prisoner to file an affidavit that the claim has not been previously brought against the same parties or from the same operative facts in any state or federal court.
(14) The court may dismiss an action or a portion of the action under this section, before or after service, on its own motion or by motion of a party, upon a finding that:
(a) Any allegation in the affidavit or the action is false;
(b) The action is frivolous;
(c) The action is malicious; or
(d) The action fails to state a claim upon which relief can be granted.
(15) If a portion of the action is dismissed, the court’s order dismissing the action shall also designate the issues and the defendant or respondent upon which the action is to proceed.
(16) The court shall award reasonable costs and attorney’s fees to the defendant or respondent if the court finds that:
(a) Any allegation in the prisoner’s affidavit is false;
(b) The action or any part of the action is frivolous or malicious; or
(c) The action or any part of the action is dismissed for failure to state a claim upon which relief can be granted.
(17) Orders entered under this section are not subject to interlocutory appeal.
(18) Nothing in this section shall prevent a prisoner from authorizing payment beyond that required under the order for filing fees.
(19) If the court authorizes the commencement of the action or any part of the action without payment of fees upon a finding that the prisoner is unable to pay all court fees at the time of filing the action, and the court later finds that a prisoner is then able to pay all court fees, the court shall order the prisoner to pay all unpaid court fees within two (2) business days and enter an order for court fees. The court’s finding under this subsection may be based on information contained in affidavits or other information available to the court. The court shall dismiss the action if the prisoner fails to comply with an order entered under this subsection.
(20) If the action or any part of it is dismissed without prejudice under subsection (19) of this section, and the prisoner refiles the action, the following shall apply:
(a) The requirements under this section must be met again in their entirety; and
(b) No amount paid for court fees in any previously filed action, or any part thereof, shall be credited to the court fees required under sections 31-3201 and 31-3201A, Idaho Code.
(21) The court may develop a form questionnaire which it may require by local rule to be filed to implement this statute.
(22) In no way shall this section be interpreted to create a liberty interest for prisoners entitling them to due process protection under the Idaho constitution or the United States constitution.
[31-3220A, added 1996, ch. 420, sec. 7, p. 1403; am. 2000, ch. 272, sec. 13, p. 796; am. 2002, ch. 296, sec. 1, p. 849.]
(1) The clerk of the district court may accept payment of a debt owed to the court by a credit card or debit card. Any person making payment on a debt owed to the court by a credit card or debit card shall be assessed an electronic payment convenience fee established by the supreme court, which shall include, among other costs, the amount charged the court by the issuer for the use of the card. This fee may also be paid by credit card or debit card and included in the transaction for the payment of the debt owed to the court. The electronic payment convenience fee shall be separate from the debt owed to the court and shall be used for the implementation of the provisions of this section. The debt owed to the court shall not be expunged, canceled, released, discharged or satisfied and any receipt or other evidence of payment shall be deemed conditional until the court has received final and unconditional payment of the full amount due from the financing agency or card issuer for the transaction. If an electronic payment once made is subsequently denied, revoked or otherwise canceled for any reason, and the payment is withdrawn from the court, the court may proceed as though payment had never been made.
(2) Definitions. As used in this section:
(a) "Cardholder" means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.
(b) "Credit card" means any instrument or device, whether known as a credit card or credit plate or by any other name, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.
(c) "Debit card" means any instrument or device, whether known as a debit card or by any other name, issued with or without a fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds.
(d) "Debt owed to the court" means any assessment of fines, court costs, surcharges, penalties, fees, restitution, cash deposit of bail, moneys expended in providing counsel and other defense services to indigent defendants, or other charges that a court judgment has ordered to be paid to the court or that a party has agreed to pay in criminal or civil cases and includes any interest or penalty on such unpaid amounts as provided for in the judgment or by law.
(e) "Issuer" means a business organization, financial institution or authorized agent of a business organization or financial institution that issues a credit card or debit card.
(3) The supreme court may adopt rules as deemed appropriate for the administration of this section and may enter into contracts with an issuer or other organization to implement the provisions of this section.
[31-3221, added 2003, ch. 287, sec. 1, p. 777; am. 2006, ch. 73, sec. 2, p. 226; am. 2014, ch. 190, sec. 8, p. 513; am. 2024, ch. 251, sec. 1, p. 886.]
Accounts for county charges of every description must be presented to the board of county commissioners to be audited as provided by law.
[(31-3301) R.S., sec. 2160; reen. R.C. & C.L., sec. 2135; C.S., sec. 3720; I.C.A., sec. 30-2801.]
(1) For purposes of this section, "reimbursement rate" means ninety-five percent (95%) of the unadjusted medicaid rate of reimbursement for medical charges allowed pursuant to title XIX of the social security act, as amended, that is in effect at the time the service is rendered.
(2) The following are county charges:
(a) Charges incurred against the county by virtue of any provision of this title.
(b) The compensation allowed by law to constables and sheriffs for executing process on persons charged with criminal offenses; for services and expenses in conveying criminals to jail; for the service of subpoenas issued by or at the request of the prosecuting attorneys, and for other services in relation to criminal proceedings.
(c) The expenses necessarily incurred in the support of persons charged with or convicted of crime and committed therefor to the county jail. Provided that any medical expenses shall be paid at the reimbursement rate unless a rate of reimbursement is otherwise established by contract or agreement.
(d) The compensation allowed by law to county officers in criminal proceedings, when not otherwise collectible.
(e) The sum required by law to be paid to grand jurors and indigent witnesses in criminal cases.
(f) The accounts of the coroner of the county, for such services as are not provided to be paid otherwise.
(g) The necessary expenses incurred in the support of county hospitals, and the indigent sick and nonmedical assistance for indigents, whose support is chargeable to the county.
(h) The contingent expenses, necessarily incurred for the use and benefit of the county.
(i) Every other sum directed by law to be raised for any county purpose, under the direction of the board of county commissioners, or declared to be a county charge.
[31-3302, R.S., sec. 2161; am. 1899, p. 116, sec. 7; am. and reen. R.C. & C.L., sec. 2136; C.S., sec. 3721; I.C.A., sec. 30-2802; am. 1936 (3rd E.S.), ch. 2, sec. 1, p. 6; am. 1939, ch. 182, sec. 17, p. 338; am. 1970, ch. 120, sec. 14, p. 284; am. 1992, ch. 83, sec. 1, p. 257; am. 1994, ch. 362, sec. 3, p. 1137; am. 2009, ch. 177, sec. 2, p. 558; am. 2011, ch. 291, sec. 2, p. 795; am. 2023, ch. 32, sec. 2, p. 161.]
The boards of county commissioners in their respective counties shall, under such limitations and restrictions as are prescribed by law, evaluate the need and provide to indigent persons nonmedical assistance in a temporary situation only when no alternatives exist. Nothing in this chapter shall imply county assistance is to be provided on a continuing basis. Boards of county commissioners, by resolution, shall promulgate policies and procedures, may negotiate payment to providers, and may contract for nonmedical services, pursuant to this chapter. Boards of county commissioners may fund nonmedical services for indigent persons from the county current expense fund pursuant to section 63-805, Idaho Code.
[31-3401, added 1992, ch. 83, sec. 3, p. 258; am. 2022, ch. 318, sec. 5, p. 1018.]
The boards of county commissioners in their respective counties, may contract for the care, protection and maintenance of the nonmedically indigent of the county. They shall require the contractor to enter into a bond to the county with two (2) or more approved sureties, in such sum as the boards may fix, conditioned for the faithful performance of his duties and obligations as such contractor, and require him to report to the board no less than quarterly all persons committed to his charge, showing the expense attendant upon their care and maintenance.
[31-3402, added 1992, ch. 83, sec. 3, p. 258.]
As used in this chapter:
(1) "Adult household member" means any individual eighteen (18) years of age and over who resides in the household.
(2) "Anticipated future income" means a reasonable expectation of income to the household based on an analysis of past income, future income, current income, experience, skills, education, inheritance and possible assets from any source.
(3) "Applicant" means the individual and all others in the household who are requesting nonmedical assistance and who submit a county application.
(4) "Assets" means property rights including, but not limited to, personal, real, tangible and intangible property.
(5) "Authorized representative" means the applicant’s guardian or appointed attorney-in-fact.
(6) "Board" means a board of county commissioners.
(7) "Clerk" means the clerk of a board of county commissioners or his designee.
(8) "Emergency" means any circumstance demanding immediate action.
(9) "Household" means a collective body of persons consisting of spouses or parents and their children who reside in the same residence; or all other persons who by choice or necessity are mutually dependent upon each other for basic necessities and who reside in the same residence.
(10) "Indigent" means any applicant who does not have resources available from whatever source which shall be sufficient to enable the applicant to provide nonmedical assistance or a portion thereof.
(11) "Information release" means the document authorizing release of confidential information.
(12) "Investigation" means a detailed examination of the application and information required from the applicant and others to verify eligibility.
(13) "Nonmedical assistance" means reasonable costs for assistance, which includes food, shelter and provision of public defender services, and other such necessary services determined by the board by resolution.
(14) "Obligated county for payment" means the county wherein residency has been established.
(15) "Recipient" means the individual(s) determined eligible for county assistance.
(16) "Repayment" means the authority of the board of county commissioners to require indigent person(s) to repay the county for assistance when investigation of their application determines their ability to do so.
(17) "Resident" means a person with a home, house, place of abode, place of habitation, dwelling or place where one actually lived for a consecutive period of thirty (30) days or more prior to the date of application.
(18) "Resource" means assets, whether tangible or intangible, real or personal, liquid or nonliquid, including, but not limited to, gifts, bequests, grants, all forms of public or private assistance, crime victims compensation, worker’s compensation, veteran’s benefits, medicaid, medicare and any other property from any source for which an applicant and/or an obligated person may be eligible or in which he or she may have an interest. For purposes of determining approval for nonmedical indigency only, resources shall not include the value of the homestead of the applicant or obligated person’s residence, a burial plot, exemptions for personal property allowed in section 11-605(1) through (3), Idaho Code, and additional exemptions allowed by county resolution.
[31-3403, added 1992, ch. 83, sec. 3, p. 258; am. 1998, ch. 204, sec. 1, p. 723; am. 2014, ch. 97, sec. 19, p. 282; am. 2016, ch. 214, sec. 2, p. 600.]
(1) Any person or their authorized representative desiring nonmedical assistance from any county in this state shall, before such aid can be given, make a written application to the clerk of the board of county commissioners or his designee where such applicant resides. An application shall be provided to any individual requesting assistance.
(2) An application for nonmedical assistance shall be on a form provided by the county to which application is being made. This application and information release shall be completed and signed by the applicant, or his authorized representative, setting forth and describing all household resources and sworn to before a county officer authorized by the laws of this state to administer oaths, and filed with the clerk of the board. Failure to comply shall result in denial.
(3) Except as provided in section 31-3410, Idaho Code, within ten (10) working days of the date of application, an interview shall be required with the clerk of the board or his designee. Evidence of need, indigency and residence shall be supplied by the applicant or authorized representative. If the applicant or authorized representative fails to make an appointment, appear at an interview or fails to supply such documentation, the application shall be denied. Any adult household member may be required to appear for an interview, sign a general information release and complete an application. Failure to comply shall result in denial of the requested assistance.
(4) Applicants and all household members who are not fully employed and are capable of employment, shall be required to file an application with the department of employment, use their best efforts to seek employment, and to provide verification of such efforts to the county. The applicant and all other household members may be required to submit a medical statement certifying any inability to work. Individuals voluntarily removing themselves from the work force may be denied assistance.
[31-3404, added 1992, ch. 83, sec. 3, p. 259.]
The county is not obligated to provide nonmedical assistance for more than one (1) month in the aggregate in any twelve (12) month period to persons who are eligible for assistance. Assistance provided in any Idaho county shall apply toward the one (1) month benefit period. The board may determine the length of additional eligibility, consistent with the county resolution, for nonmedical services, based upon documentation submitted to them as requested.
[31-3405, added 1992, ch. 83, sec. 3, p. 260; am. 1998, ch. 204, sec. 2, p. 725.]
It is the duty of the clerk of the board of county commissioners or his designee, to whom such application is made, to investigate, or cause to be investigated, the grounds of such application, and require the person and other such persons as may be deemed necessary, to testify under oath, and shall file a statement of findings with the board of the county. At the discretion and by resolution of the board, the clerk or his designee to whom such application is made may authorize the expenditure of sums as may be necessary to provide the immediate necessities of such person, not exceeding an aggregate sum as determined by the board which amount may exceed two hundred dollars ($200) per applicant.
[31-3406, added 1992, ch. 83, sec. 3, p. 260.]
The county obligated for payment of nonmedical assistance for eligible applicants shall be the county in which said applicant currently maintains a residence at the time of application.
[31-3407, added 1992, ch. 83, sec. 3, p. 260.]
Pursuant to this chapter, eligibility for nonmedical assistance shall be based on the documentation of county residence, completion of an application and interview, except as provided in section 31-3410, Idaho Code. Failure to comply shall result in a denial of the requested assistance. Notwithstanding any other eligibility factors, no county shall be obligated to provide nonmedical services to persons who have become ineligible for cash assistance by exhaustion of lifetime limits for such benefits or by noncompliance with their personal responsibility contract as defined by rules of the department of health and welfare.
[31-3408, added 1992, ch. 83, sec. 3, p. 260; am. 1996, ch. 234, sec. 1, p. 763.]
(1) An eligible applicant may be provided nonmedical interim assistance that is consistent with the resolution adopted by the board and to the extent such relief is not duplicative of resources or benefits reasonably available to the recipient.
(2) If federal, state or other programs or assistance are available to meet the needs of a household, an eligible applicant must apply for those programs before nonmedical assistance may be provided. If denied such other assistance, the applicant must pursue available administrative appeals for those programs to the final administrative level.
[31-3409, added 1992, ch. 83, sec. 3, p. 260; am. 1998, ch. 204, sec. 3, p. 725.]
The board shall give written notice of its decision within fifteen (15) working days following completion of the interview. In an emergency circumstance, the clerk or his designee shall make an immediate decision regarding nonmedical assistance. The decision of the board is final if a timely notice of appeal is not filed.
[31-3410, added 1992, ch. 83, sec. 3, p. 261.]
The applicant has the right to appeal the decision of the board. Such appeal shall be filed with the clerk of the board, in writing, within thirty (30) days of the date of the board’s denial. If the appeal is denied by the board, the applicant shall be entitled to judicial review of the appeal decision of the board, by filing a complaint with the district court within thirty (30) days of the date of the final written decision of the board. Proceedings under this chapter shall be conducted in substantially the same manner provided in the administrative procedures act, chapter 52, title 67, Idaho Code.
[31-3411, added 1992, ch. 83, sec. 3, p. 261.]
It shall be the duty of the board to provide for burial or cremation of any deceased indigent person. The amount paid by the obligated county shall not in any case exceed the established or negotiated rate set by each board. If the coroner, mortician, or other responsible parties are unable to establish next of kin or have a signed waiver of intent to abandon, they may make application to the board. If an application has been made pursuant to this section, a coroner may, prior to approval of such application, authorize a cremation ten (10) days following death. The county shall be free from any liability for said burial or cremation.
[31-3412, added 1992, ch. 83, sec. 3, p. 261; am. 2012, ch. 208, sec. 2, p. 563; am. 2022, ch. 62, sec. 4, p. 195.]
The board shall not allow any claim or demand against the county for services to any indigent person until eligibility has been established. The board shall, by resolution, authorize the expenditures of funds not exceeding an aggregate amount to provide for the emergency nonmedical assistance of any eligible indigent person. Bills for expenditures, duly verified under oath, shall be presented to the board and the board shall audit and pay such bills out of the proper fund of the county. Payment of approved claims of indigent persons by the county shall be controlled and determined by the provisions of chapter 16, title 31, Idaho Code. The county is not obligated to pay for services received by the applicant prior to the date of application, or to make payment to relatives.
[31-3413, added 1992, ch. 83, sec. 3, p. 261.]
By acceptance of county assistance an applicant agrees to repay the county for all or any portion of expenses paid, when the board finds the applicant is able to repay all or any portion of the charges over a reasonable period of time and/or has assets which can be encumbered for future repayment. Reimbursement for assistance shall be credited to the county indigent fund and need not be budgeted or appropriated in the manner required in chapter 16, title 31, Idaho Code, but shall be available for expenditure at any time for the purposes of the county indigent fund.
The board may provide for work repayment at no less than minimum wage, by such recipients as are employable.
Upon payment of charges for an indigent person, the county making the payment shall become subrogated to all the rights of the provider and to all rights of the indigent person or their legal representatives against any third parties who may be liable for such nonmedical charges. The county’s right of subrogation in no way relieves the applicant or provider of responsibility as delineated in sections 31-3404, 31-3409, 31-3413 and 31-3415, Idaho Code.
[31-3414, added 1992, ch. 83, sec. 3, p. 262.]
Applicants who have divested their assets or resources within three (3) months prior to applying for county assistance in order to become eligible shall be denied assistance.
[31-3415, added 1992, ch. 83, sec. 3, p. 262.]
Any person who withholds information, or gives false or incomplete information on an application for the purposes of obtaining county aid to which they are not otherwise entitled, shall be guilty of a misdemeanor.
[31-3416, added 1992, ch. 83, sec. 3, p. 262.]
If the provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of applications of the chapter, which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are declared to be severable.
[31-3417, added 1992, ch. 83, sec. 3, p. 262.]
All proceedings and records related to indigency, pursuant to chapter 34, title 31, Idaho Code, shall be exempt from disclosure pursuant to chapter 1, title 74, Idaho Code.
[31-3418, added 1992, ch. 83, sec. 3, p. 262; am. 1999, ch. 30, sec. 9, p. 52; am. 2015, ch. 141, sec. 55, p. 420.]
The county commissioners in their respective counties shall, under such limitations and restrictions as are prescribed by law, have the jurisdiction and power to provide county hospitals and public general hospitals for the county and others who are sick, injured, maimed, aged and infirm and to erect, enlarge, purchase, lease, or otherwise acquire, and to officer, maintain and improve hospitals, hospital grounds, nurses’ homes, shelter care facilities and residential or assisted living facilities as defined in section 39-3301, Idaho Code, superintendent’s quarters, medical clinics, as that term is defined in section 39-1319, Idaho Code, medical clinic grounds or any other necessary buildings, and to equip the same, and to replace equipment, and for this purpose said commissioners may levy an additional tax of not to exceed six hundredths percent (.06%) of the market value for assessment purposes on all taxable property within the county. The term "public general hospitals" as used in this subsection shall be construed to include nursing homes.
[(31-3501) 31-3503, added 1974, ch. 302, sec. 12, p. 1769; am. 1980, ch. 185, sec. 3, p. 411; am. 1982, ch. 190, sec. 2, p. 512; am. 1983, ch. 215, sec. 2, p. 596; am. 1989, ch. 193, sec. 2, p. 476; am. 1990, ch. 87, sec. 10, p. 181; 1991, 1990 am. to section repealed, ch. 233, sec. 1, p. 553; am. 1991, ch. 233, sec. 8, p. 558; am. 1993, ch. 112, sec. 2, p. 285; am. 1995, ch. 9, sec. 1, p. 14; am. 1995, ch. 82, sec. 5, p. 222; am. 1996, ch. 322, sec. 14, p. 1042; am. 1996, ch. 410, sec. 4, p. 1361; am. 1997, ch. 174, sec. 1, p. 492; am. 2000, ch. 274, sec. 3, p. 804; am. 2009, ch. 177, sec. 5, p. 563; am. 2010, ch. 273, sec. 3, p. 694; am. 2011, ch. 291, sec. 5, p. 799; am. 2012, ch. 61, sec. 1, p. 163; am. and redesig. 2022, ch. 318, sec. 8, p. 1018.]
(1) Notwithstanding any provision of law or rule to the contrary, no person eligible for medicaid pursuant to section 56-254 or 56-267, Idaho Code, shall be eligible for financial assistance pursuant to this chapter as it existed on March 1, 2022.
(2) Notwithstanding any provision of law or rule to the contrary, no person eligible for health insurance shall be eligible for financial assistance pursuant to this chapter as it existed on March 1, 2022.
(3) Notwithstanding any provision of law or rule to the contrary, no person in a commitment proceeding pursuant to chapter 3, title 66, Idaho Code, who is eligible for medicaid or eligible for health insurance shall be eligible for financial assistance pursuant to this chapter as it existed on March 1, 2022.
(4) A board of county commissioners, the board of the catastrophic health care cost program, or the department of health and welfare receiving an application for assistance for services received through March 31, 2022, shall process such application pursuant to this chapter as it existed on March 1, 2022.
(5) It is the intent of the legislature that moneys saved by counties pursuant to this section may be used for additional county aid to public health districts as required by section 39-424A, Idaho Code.
[(31-3502) 31-3505H, added 2021, ch. 336, sec. 1, p. 1020; am. and redesig. 2022, ch. 318, sec. 24, p. 1020.]
(1) An approved application for financial assistance for services received through March 31, 2022, shall obligate an applicant to reimburse the obligated county and the state for such reasonable portion of the financial assistance paid on behalf of the applicant as the county commissioners may determine that the applicant is able to pay from resources over a reasonable period of time. Cash amounts received shall be prorated between the county and the state in proportion to the amount each has paid. Moneys distributed to the state shall be deposited into the state general fund.
(2) A final determination shall not relieve the applicant’s duty to make additional reimbursement from resources if the county commissioners subsequently find within a reasonable period of time that there has been a substantial change in circumstances such that the applicant is able to pay additional amounts up to the total claim paid on behalf of the applicant.
(3) A final determination shall not prohibit the county commissioners from reviewing a petition from an applicant to reduce an order of reimbursement based on a substantial change in circumstances.
(4) The automatic lien created pursuant to the chapter may be filed and recorded in any county of this state wherein the applicant has resources and may be liquidated or unliquidated in amount. Nothing herein shall prohibit an applicant from executing a consensual lien in addition to the automatic lien created by filing an application pursuant to this chapter. In the event that resources can be located in another state, the clerk may file the lien with the district court and provide notice to the recipient. The recipient shall have twenty (20) days to object, following which the district court shall enter judgment against the recipient. The judgment entered may thereafter be filed as provided for the filing of a foreign judgment in that jurisdiction.
(5) The county shall have the same right of recovery as provided to the state of Idaho pursuant to sections 56-218 and 56-218A, Idaho Code.
(6) The county commissioners may require the employment of such of the medically indigent as are capable and able to work and whose attending physician certifies they are capable of working.
(7) That portion of the moneys received by a county as reimbursement that are not assigned to the state shall be credited to the respective county current expense fund.
(8) The automatic lien attached to an application for services received through March 31, 2022, pursuant to this chapter as it existed on March 1, 2022, shall continue to be valid for the purposes of collecting reimbursement pursuant to this section.
(9) Upon receipt of a settlement application, the county commissioners may negotiate and settle a case for financial assistance paid, which includes full lien release, on behalf of the state.
[(31-3503) 31-3510A, added 1983, ch. 215, sec. 4, p. 597; repealed 1990, ch. 87, sec. 1, p. 178; reinstated 1991, ch. 233, sec. 1, p. 553; am. 1996, ch. 410, sec. 21, p. 1369; am. 2008, ch. 189, sec. 2, p. 594; am. 2010, ch. 273, sec. 20, p. 704; am. 2011, ch. 291, sec. 20, p. 808; am. and redesig. 2022, ch. 318, sec. 31, p. 1020; am. 2023, ch. 32, sec. 3, p. 162.]
Recognizing the need of hospitals for the public welfare and the burden for one (1) county to finance the cost of such construction, operation and maintenance thereof within its own boundaries under certain circumstances, the county commissioners in their respective counties shall have the power to jointly and severally enter into contracts or agreements with one (1) or more adjoining counties to construct, operate and maintain joint county hospitals, either within or without the boundaries of such counties, upon a finding of each such county commissioners that there is a public necessity requiring the financing of such hospital facilities jointly with one (1) or more adjoining counties. The county commissioners shall have the same powers to operate, finance and bond for such joint county hospitals as they would have for a county hospital.
[(31-3504) 31-3512, added 1974, ch. 302, sec. 12, p. 1769; am. 2010, ch. 273, sec. 22, p. 705; am. and redesig. 2022, ch. 318, sec. 33, p. 1021.]
The county commissioners may, when they deem the welfare of their counties require it, or when petitioned thereto by a number of resident taxpayers of their respective counties equal to five percent (5%) of the number of persons voting for the secretary of state of the state of Idaho, at the election next preceding the date of such petition, submit to the qualified electors of said county at any election held as provided in section 34-106, Idaho Code, the proposition whether negotiable coupon bonds of the county to the amount stated in such proposition shall be issued and sold for the purpose of providing such hospital, hospital grounds, nurses’ homes, nursing homes, residential or assisted living facilities, shelter care facilities, medical clinics, superintendent’s quarters, or any other necessary buildings, and equipment, and may on their own initiative submit to the qualified electors of the county at any general election the proposition whether negotiable coupon bonds of the county to the amount stated in such proposition shall be issued and sold for the purpose of providing for the extension and enlargement of existing hospital, hospital grounds, nurses’ homes, nursing homes, residential or assisted living facilities, shelter care facilities, medical clinics or grounds, superintendent’s quarters, or any other necessary buildings, and equipment, and when authorized thereto by two-thirds (2/3) vote at such election, shall issue and sell such coupon bonds and use the proceeds therefrom for the purposes authorized by such election. Said proposition may be submitted to the qualified electors at an election held subject to the provisions of section 34-106, Idaho Code, if the county commissioners shall by resolution so determine. No person shall be qualified to vote at any election held under the provisions of this section unless he shall possess all the qualifications required of electors under the general laws of this state.
The county commissioners shall be governed in calling and holding such election and in the issuance and sale of such bonds, and in the providing for the payment of the principal and interest thereon by the provisions of chapter 19, title 31, Idaho Code, and by the provisions of chapter 2, title 57, Idaho Code; provided, however, that when such bonds have been issued and sold and a period of two (2) years or more has elapsed from the date of sale of said bonds and for any reason the proceeds from the sale of said bonds or other moneys appropriated for the purpose for which said bonds were issued, have not been used for the purpose for which they were appropriated or said bond issue made, the county commissioners may, with the written consent of all of the bondholders first having been obtained, submit to the qualified electors, as herein defined, the question of spending such moneys for a definite purpose. The purpose for which it is decided to spend such moneys shall be clearly and plainly stated on the ballot. If a majority of the qualified electors shall vote in favor of spending such moneys for the purpose stated, the county commissioners shall proceed in the same manner as if such different purpose had been the original purpose for such bond issue or appropriation. Provided, further that if less than a majority of the qualified electors shall vote in favor of spending such moneys for such different purpose, or if no such election should be had, when all of the bonds shall have been retired, such excess moneys shall be placed in the general fund.
[(31-3505) 31-3513, added 1974, ch. 302, sec. 12, p. 1769; am. 1980, ch. 185, sec. 4, p. 411; am. 1989, ch. 193, sec. 4, p. 477; am. 1993, ch. 112, sec. 3, p. 285; am. 1995, ch. 118, sec. 33, p. 457; am. 2000, ch. 274, sec. 4, p. 805; am. 2010, ch. 273, sec. 23, p. 705; am. and redesig. 2022, ch. 318, sec. 34, p. 1022.]
Such facilities as referred to in section 31-3503, Idaho Code, may suitably provide for and accept other patients and must charge and accept payments from such other patients as are able to make payments for services rendered and care given. The county commissioners may make suitable rules and regulations for the management and operation of such property by a suitable board of control, or otherwise, or for carrying out such hospital uses and purposes under a lease of the same.
The boards or officers or lessees of such hospital property shall render accounts and reports to the county commissioners as may be required by the county commissioners; and shall render accounts and deliver over any and all moneys received by them for the county to the county treasurer to be credited to the operation expense of hospitals and indigent sick and otherwise dependent poor of the county in such manner as provided by law for the handling of funds of this kind.
Said board of control may permit persons from out of the county where such hospital is located to be admitted for hospitalization to such hospital. As to such cases special rates for the use and service of such hospital may be provided which rates shall apply equally to all such patients who do not pay taxes within the county where such hospital is located. The purpose of providing such special rates shall be to compel persons living out of the county where such hospital is located, and who receive hospitalization in such hospital, to bear a just burden of the cost of construction and maintenance of such hospital.
[(31-3506) 31-3514, added 1974, ch. 302, sec. 12, p. 1769; am. 1980, ch. 185, sec. 5, p. 412; am. 1982, ch. 340, sec. 10, p. 856; am. 1989, ch. 193, sec. 5, p. 478; am. 1993, ch. 112, sec. 4, p. 286; am. 2010, ch. 273, sec. 24, p. 706; am. and redesig. 2022, ch. 318, sec. 35, p. 1023.]
Such counties acting through their county commissioners shall have the right to lease such hospitals upon such terms and for such a length of time as they may decide, or to sell the same; provided, however, that no such lease or sale, except those leases entered into between such counties and the Idaho health facilities authority as provided in section 31-836, Idaho Code, shall be final or valid unless and until it has been approved by a majority of the qualified electors of said county voting on such question at an election held subject to the provisions of section 34-106, Idaho Code; except if a hospital district has been created under the provisions of chapter 13, title 39, Idaho Code, county commissioners shall have the right to lease, as provided in section 31-836, Idaho Code, such hospitals within a created hospital district to the hospital district without submitting the question of lease or sale to the qualified electors of the county or the respective hospital district.
[(31-3507) 31-3515, added 1974, ch. 302, sec. 12, p. 1769; am. 1978, ch. 42, sec. 2, p. 76; am. 1980, ch. 57, sec. 1, p. 115; am. 1995, ch. 118, sec. 34, p. 458; am. 2010, ch. 273, sec. 25, p. 707; am. and redesig. 2022, ch. 318, sec. 36, p. 1023.]
(1) As an alternative to the procedure set forth in section 31-3507, Idaho Code, counties acting through their respective county commissioners may convey or lease county hospitals, and the equipment therein, subject to the following conditions:
(a) The entity to which the hospital is to be transferred shall be a nonprofit corporation;
(b) No lease term shall exceed ninety-nine (99) years. This subsection supersedes that part of section 31-836, Idaho Code, which is inconsistent herewith;
(c) The governing body of the nonprofit corporation must be composed initially of the incumbent members of the board of hospital trustees, as individuals. The articles of incorporation must provide for a membership of the corporation which is:
(i) Broadly representative of the public and includes residents of each incorporated city in the county and of the unincorporated area of the county; or
(ii) A single nonprofit corporate member having articles of incorporation which provide for a membership of that corporation which is broadly representative of the public and includes residents of each incorporated city in the county and of the unincorporated area of the county.
The articles must further provide for the selection of the governing body by the membership of the corporation, or exclusively by a parent corporation which is the corporate member, with voting power, and not by the governing body itself, except to fill a vacancy for the unexpired term. The articles must further provide that no member of the governing body shall serve more than two (2) consecutive three (3) year terms.
(d) The nonprofit corporation must provide care for indigent patients, and receive any person falling sick or maimed within the county.
(e) The transfer agreement must provide for the transfer of patients, staff and employees, and for the continuing administration of any trusts or bequests or maintenance of records pertaining to the existing public hospital.
(f) The transfer or lease agreement shall provide for a transfer or lease price which shall be either of the following:
(i) The acceptance of all assets and assumption of all liabilities; or
(ii) Such other price as the commissioners and the nonprofit corporation may agree.
(2) If any hospital which has been conveyed pursuant to this section ceases to be used as a nonprofit hospital, unless the premises so conveyed are sold and the proceeds used to erect or enlarge another nonprofit hospital for the county, the hospital so conveyed reverts to the ownership of the county. If any hospital which has been leased pursuant to this section ceases to be used as a nonprofit hospital, the lease shall terminate.
(3) The provisions of section 31-808, Idaho Code, with respect to the sale and disposition of real and personal property owned by the county, shall not apply to transactions covered by section 31-3507, Idaho Code, and this section.
[(31-3508) 31-3515A, added 1986, ch. 240, sec. 1, p. 652; am. 2010, ch. 273, sec. 26, p. 707; am. and redesig. 2022, ch. 318, sec. 37, p. 1023.]
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this chapter, which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are declared to be severable.
[(31-3509) 31-3516, added 1974, ch. 302, sec. 12, p. 1769; am. 1996, ch. 410, sec. 23, p. 1370; am. and redesig. 2022, ch. 318, sec. 38, p. 1024.]
Any county which now has or may plan to build, purchase or by any other means acquire a county hospital shall create a county hospital board in the following manner: The board of county commissioners shall, by appropriate motion or resolution adopted and incorporated in its minutes, signify that it is the intention of the board of county commissioners to create a county hospital board for the purpose of conducting, operating and maintaining a county hospital or hospitals in accordance with the provisions of this act, and shall fix a date, not less than three (3) nor more than six (6) weeks from the date of the adoption of such motion or resolution, for a hearing, and shall order the clerk of the board to publish notice of such meeting in one (1) or more newspapers published and having general circulation in the county, which notice shall include the time and place of such hearing, at which the board of county commissioners will hear any person or persons interested upon the matter of whether a hospital board shall be created within such county, which publication shall be made at least two (2) weeks before the date set for such hearing.
[31-3601, added 1946 (1st E.S.), ch. 38, sec. 1, p. 75; am. 1982, ch. 340, sec. 1, p. 851.]
The board shall meet at the place and time fixed, at which time and place any elector or taxpayer residing within the county may appear and be heard upon the question of whether such hospital board shall be created, and after such hearing, if the board of county commissioners shall then deem it for the best interests of the county that a county hospital board be created, it shall create such board by an order duly adopted and spread upon its minutes.
[31-3602, added 1946 (1st E.S.), ch. 38, sec. 2, p. 75.]
(1) The board of county commissioners shall, within thirty (30) days after the adoption of the order creating such board, appoint an odd number, not less than five (5) nor more than fifteen (15) persons, as members of such hospital board and shall make such appointments a matter of record in the minutes of the board. Provided however, if the appointed county commissioner member of the hospital board is appointed with voting privileges as provided in subsection (4) of this section, the board of county commissioners shall appoint another member to ensure that the county hospital board members appointed as provided in this subsection comprise an even number of members of not less than six (6) nor more than fourteen (14) persons.
(2) The county hospital board may, in its discretion, later change the number of members of the board, within the prescribed limits, but no such change in the number of members of the hospital board shall serve to terminate any terms to be served by present members of the hospital board.
(3) Vacancies on the county hospital board shall be filled by the board of county commissioners. In filling vacancies, the board of county commissioners shall review and consider, but shall not be bound by, a list of three (3) nominees for each position to be filled and submitted to them by the county hospital board. The members of the board shall be selected as nearly as practicable from the several localities of the county and shall qualify by taking and subscribing the usual oath of office. The county hospital board shall file with the board of county commissioners a blanket bond covering all of its members in the sum of not less than ten thousand dollars ($10,000) to be approved by the board of county commissioners, which bond shall have the conditions usually included in the bonds of public officers. The members of the county hospital board shall be selected without regard for partisan political affiliations.
(4) One (1) member of the board of county commissioners shall be appointed to the board either as an ex officio member without vote, or as a voting member, as determined by the board of county commissioners at the time of the appointment. If the county commissioner member is appointed as a voting member, the board of county commissioners shall also appoint another member to the hospital board as provided in subsection (1) of this section to ensure the board is comprised of an odd number of voting members.
(5) In addition to the appointed members of the county hospital board, the chief executive officer shall be an ex officio member of the county hospital board, but without vote.
[31-3603, added 1946 (1st E.S.), ch. 38, sec. 3, p. 75; am. 1957, ch. 57, sec. 1, p. 98; am. 1973, ch. 98, sec. 1, p. 166; am. 1975, ch. 58, sec. 1, p. 122; am. 1977, ch. 139, sec. 1, p. 300; am. 1982, ch. 340, sec. 2, p. 852; am. 1997, ch. 147, sec. 1, p. 423.]
The term of office of the members of the county hospital board shall be three (3) years and until a successor is appointed and qualified: Provided, that of the first board appointed one-third (1/3) of the membership, or as nearly one-third (1/3) as the number to be appointed shall permit, shall be appointed for the term of one (1) year; one-third (1/3) of the membership, or as nearly one-third (1/3) as the number to be appointed shall permit, for the term of two (2) years; and one-third (1/3) of the membership, or as nearly one-third (1/3) as the number to be appointed shall permit, for the term of three (3) years. All succeeding appointments shall be for the term of three (3) years, except that any vacancy occurring by reason of death, resignation or other cause shall be for the remainder of the term of the member whose office becomes vacant.
[31-3604, added 1946 (1st E.S.), ch. 38, sec. 4, p. 75.]
The county hospital board may be created under the provisions of this chapter at any time, and when created the members of the county hospital board who have been appointed and qualified shall, within ten (10) days after the appointment of the board, meet, organize and enter upon the performance of its duties. A county hospital board once created shall continue until such time as its discontinuance is ordered by a majority vote of the qualified electors of the county voting upon the question of discontinuance of the county hospital board at an election, held subject to the provisions of section 34-106, Idaho Code, at which the question is submitted to the electors for their vote by appropriate action and proceedings of the board of county commissioners.
[31-3605, added 1946 (1st E.S.), ch. 38, sec. 5, p. 75; am. 1995, ch. 118, sec. 35, p. 459.]
The county hospital board shall hold its meetings and shall conduct all of its business at a place to be designated by the board of county commissioners or as may be subsequently designated by resolution of the county hospital board, and shall meet at its place of business in regular session on the first Monday of each month, or at such other time as may be adopted by resolution of the county hospital board, and at such other times as may be necessary or convenient for the transaction of its business. Any member of the board absent for three (3) successive regular meetings may be deemed to have resigned from the board and the board of county commissioners shall immediately appoint another person in the manner provided in section 31-3603, Idaho Code, to fill the vacancy so occurring. Special meetings shall be called by the chairman of the county hospital board by written notice of at least three (3) days served upon or delivered to each member of the board. The board may recess or continue to a time certain any meeting, regular or special, by motion adopted and included in its minutes.
[31-3606, added 1946 (1st E.S.), ch. 38, sec. 6, p. 75; am. 1970, ch. 129, sec. 1, p. 303; am. 1982, ch. 340, sec. 3, p. 852.]
(a) Fiscal Affairs. — The county hospital board shall be charged with the care, custody, upkeep, management and operation of all property belonging to the county and devoted to the purposes provided in section 31-3501, Idaho Code, and shall be responsible for all moneys received by it, including all revenues from the operation of such property, all moneys received by tax levies for operation of such property, and all moneys received from whatever source, by contribution or otherwise, for such purposes: Provided, that if any contribution of money or property be offered to the hospital board of the county for use for a specific purpose the hospital board may, if it deems it for the best interest of the hospital or other facility or property under its management, accept such contribution and use such contribution for such purpose.
(b) Funds — Custody and Disbursement. — The hospital board shall safely keep or cause to be kept all moneys coming into the care, custody or possession of the board in strict compliance with the public depository law of this state, and shall pay out such money for valid bills and obligations of the hospital, and shall keep or cause to be kept proper records in its minutes of all its proceedings and all business transactions and proper accounts of all moneys received by it, expended and on hand. The minutes of the board shall be open to inspection by any taxpayer or elector of the county during all regular office hours.
(c) Reports. — The county hospital board shall report to the board of county commissioners within thirty (30) days after the acceptance of the annual hospital audit after the close of the fiscal year and shall annually publish in one (1) issue of a newspaper having general circulation in the county a financial statement reflecting the financial operations of the hospital, together with such other information as the board of county commissioners may deem necessary for the information of the people of the county. The county hospital board shall also prepare in its regular course of business unaudited monthly financial reports reflecting the financial operations of the hospital. The county hospital board shall provide a copy of those monthly reports to the member of the board of commissioners serving as an ex officio member of the county hospital board.
(d) Limitations. — The county hospital board subject to the budgetary limitations herein contained may acquire or build other property for the purposes provided in section 31-3501, Idaho Code, or improve, remodel, enlarge, reduce, or dispose of property being used for such purposes. The county hospital board shall not have power to create any indebtedness in excess of the amount of its annual budget as approved by the board of county commissioners: Provided, that if the county hospital board be formed after the time fixed by law for adoption of the budget, it may then formulate and submit to the board of county commissioners a budget for the rest of the current year, which budget, however, shall not provide for expenditure or creation of indebtedness in an amount greater than the estimated income for that year, together with any receipts from taxes specially levied for hospital purposes in such year.
[31-3607, added 1946 (1st E.S.), ch. 38, sec. 7, p. 75; am. 1970, ch. 129, sec. 2, p. 303; am. 1982, ch. 340, sec. 4, p. 853; am. 1993, ch. 112, sec. 5, p. 287; am. 2022, ch. 318, sec. 59, p. 1031.]
The county hospital board shall elect a chairman, vice-chairman, a secretary and a treasurer. The chairman and vice-chairman shall be members of the board. The secretary may be a member of the board or otherwise, as the board may determine. The treasurer may be a member of the board or otherwise, as the board may determine. The chairman or vice-chairman shall preside at all meetings, call special meetings and shall sign all minutes of the board when the same have been approved. The chairman or vice-chairman, or such other members of the board as the board may designate, shall be authorized by the board to approve disbursements of funds in the custody of the hospital board.
The secretary shall receive such pay as the board may direct, and shall keep the minutes of all meetings in a book provided for that purpose, and shall sign the same when said minutes have been approved.
The treasurer shall have custody of the moneys for which the hospital board is responsible, and shall disburse the same only upon authorization of the board. It shall be the duty of the treasurer to invest idle moneys. Such investment of idle moneys shall be limited to investments that carry an A rating or better by a commonly known rating service and that are authorized by the legislature for the state treasurer pursuant to sections 67-1210 and 67-1210A, Idaho Code. The treasurer shall receive such pay for services as the board may determine, and shall be required to file bond for the faithful performance of his duties as treasurer in an amount at least equal to the largest amount of money to come into his hands.
[31-3608, added 1946 (1st E.S.), ch. 38, sec. 8, p. 75; am. 1982, ch. 340, sec. 5, p. 854; am. 2015, ch. 206, sec. 2, p. 634.]
The county hospital board shall select and employ a competent chief executive officer whom they shall vest with general managerial powers over the operation of the hospital property, subject to the provisions of this act and subject to the rules and regulations for the conduct of the hospital affairs as formulated by the hospital board and approved by the board of county commissioners, together with such assistant or assistants as the board may find necessary or convenient to the efficient and successful operation of the hospital property. The board shall fix a salary to be paid to the chief executive officer and to any assistant chief executive officer or chief executive officers, and shall be authorized to contract with competent persons for such services for such period as the board may authorize. The chief executive officer shall be responsible for the employment, supervision, direction, assignment and discharge of all operating employee personnel. Payment for such services shall be according to the scale of wages as fixed by the hospital board and in effect at the time. The hospital board shall have the power to change, by increase or decrease, the scale of wages to be paid at any time.
Any suit or action instituted to recover any debt or monies due any county hospital arising out of the operation thereof may be instituted by the chief executive officer of such hospital in his official capacity and in the name of the hospital. The chief executive officer shall account to the county hospital board for all sums so collected.
[31-3609, added 1946 (1st E.S.), ch. 38, sec. 9, p. 75; am. 1955, ch. 102, sec. 1, p. 224; am. 1982, ch. 340, sec. 6, p. 854.]
The county hospital board shall have power to formulate and adopt such rules and regulations for the conduct and operation of the hospital property as it may deem necessary or convenient for the efficient, economical and successful operation thereof, and which rules and regulations when approved by the board of county commissioners shall be in full force and effect. It shall be the duty of the county hospital board to formulate and adopt such changes, additions, modifications and rescissions of the rules and regulations as it may find or deem necessary or convenient for the efficient, economical and successful operation of the hospital property, which changes, additions, modifications and rescissions when approved by the board of county commissioners shall be in full force and effect.
Such rules and regulations may, as a part thereof, establish a standard or standards upon which persons will be admitted to the hospital staff of physicians and surgeons; provide procedure and requirements for application and admission to such staff; provide procedure and causes for the removal of any person or persons from such staff; provide for the making of, inspection, study and review of reports upon cases which are or have been in the hospital property; and any and all such other matters and things as may be required to bring and keep the hospital property and its operations to the standard required for accrediting and acceptance under the hospital licensure requirements of the state of Idaho and, if the board deems it appropriate, under accreditation standards of the joint commission on the accreditation of hospitals.
[31-3610, added 1946 (1st E.S.), ch. 38, sec. 10, p. 75; am. 1982, ch. 340, sec. 7, p. 855.]
All rules and regulations for the operation of the hospital property which are in effect shall be kept on file in the office of the secretary of the county hospital board, and shall be open to the inspection of any person at any time during regular business hours. Copies certified as full, true and correct shall be furnished to any person upon payment of such fee as may be fixed by the county hospital board. Every officer and employee of the hospital, and every member of the staff of physicians and surgeons shall be responsible for knowledge of and full compliance with such rules and regulations.
[31-3611, added 1946 (1st E.S.), ch. 38, sec. 11, p. 75.]
The fiscal year of the county hospital board shall be from the date fixed by the county hospital board to the same day and month of the next succeeding year. All moneys received by the county hospital board from whatever source shall be paid into the treasury of the county hospital board. Any moneys remaining on hand in such treasury at the end of each fiscal year shall not be paid into the general fund of the county, but shall be retained by the treasurer of the county hospital board and included and used as cash on hand in the budget for hospital operation in the next fiscal year.
[31-3612, added 1946 (1st E.S.), ch. 38, sec. 12, p. 75; am. 1970, ch. 129, sec. 3, p. 303.]
The county hospital board shall prepare and submit to the board of county commissioners each year a budget for the operation of the hospital property at the time and in the form as provided by law for the preparation and submission of budgets by other county departments. The board of county commissioners shall thereafter approve, or amend or modify such budget as it deems proper, and as approved or amended or modified shall include the same in the county budget. No tax levy for the purpose of this act shall exceed six hundredths percent (.06%) of the market value for assessment purposes on all taxable property in the county. When taxes levied for the purposes of this act have been collected they shall be paid to the treasurer of the county hospital board, without charge for collection, to be used for the purposes authorized by this act.
[31-3613, added 1946 (1st E.S.), ch. 38, sec. 13, p. 75; am. 1961, ch. 176, sec. 2, p. 270; am. 1995, ch. 82, sec. 6, p. 223.]
Upon the creation and appointment of the county hospital board by the board of county commissioners the county hospital board shall become and be a taxing unit under the provisions of the Idaho budget law, and as such shall be empowered to issue tax anticipation notes or warrants as provided by law for hospital operation.
[31-3614, added 1946 (1st E.S.), ch. 38, sec. 14, p. 75.]
The county hospital board shall have power to contract for, purchase and pay for all material, equipment, services and supplies necessary or convenient for the efficient, economical and successful operation and maintenance of the county hospital properties. The county hospital board may make expenditures in accordance with the provisions of chapter 28, title 67, Idaho Code. Moreover, the county hospital board which participates with other hospitals as a member of a group purchasing association that engages in a formal competitive bidding process on behalf of member institutions for the purchase of hospital supplies and equipment may utilize that bidding process established by chapter 28, title 67, Idaho Code. For purposes of this subsection, payment for services may include reasonable expenses incident to the hiring or maintaining of hospital staff, chief executive officers, board members or operating employee personnel, to be incurred and paid under rules and regulations adopted and approved as described in section 31-3610, Idaho Code.
[31-3615, added 1946 (1st E.S.), ch. 38, sec. 15, p. 75; am. 1955, ch. 102, sec. 2, p. 224; am. 1975, ch. 91, sec. 1, p. 187; am. 1981, ch. 24, sec. 1, p. 42; am. 1982, ch. 340, sec. 8, p. 856; am. 1983, ch. 26, sec. 1, p. 75; am. 2005, ch. 213, sec. 2, p. 638.]
The county hospital board shall have power to contract with persons, associations, corporations or any other bodies engaged in providing for hospital service upon a prepayment or assurance plan, for the rendition of service by the hospital in the future, and under such contracts may accept and credit to the payer any sum or sums of money in prepayment of services to be rendered in the future, but such contracts shall be conditioned upon space and facilities being available in the hospital at the time such services are required. The county hospital board shall have no power to loan or give any money in its possession for hospital purposes to any person, partnership, association, corporation or any other body whatever.
[31-3616, added 1946 (1st E.S.), ch. 38, sec. 16, p. 75; am. 1951, ch. 285, sec. 1, p. 615.]
Notwithstanding the provisions of section 31-808, Idaho Code, county hospital boards may dispose of personal property previously purchased, paid for, or otherwise acquired by the board, so long as any such property to be disposed of has a resale or salvage value not in excess of five thousand dollars ($5,000) and is not a fixture under section 55-101, Idaho Code; provided, that the board shall notify the public of its intent to dispose of any such property prior to sale by publication once in a newspaper of general circulation within the county. Where any such property, regardless of resale or salvage value may, in the board’s judgment, pose a threat to public health or safety if disposed of at public auction, the board is authorized to dispose of it without regard to the provisions of section 31-808, Idaho Code.
[31-3616A, added 1981, ch. 43, sec. 1, p. 66; am. 1982, ch. 340, sec. 9, p. 856.]
The grant of powers in this act contained to county hospital boards and to the duly authorized officers and agents thereof shall be liberally interpreted and construed as a broad and general grant of powers to the end that the operation and administration of county hospital properties may be efficient, economical and successful; the enumeration of certain powers that would be implied without such enumeration shall not be construed as a denial or exclusion of other implied powers necessary for the free and efficient exercise of the powers expressly granted.
[31-3617, added 1946 (1st E.S.), ch. 38, sec. 17, p. 75.]
This act is not intended and shall not be construed to repeal or amend existing statutes providing for other method or methods of operating county hospitals, but is intended to afford an optional means by which any county may, if it so chooses, by action of its board of county commissioners creating and appointing a county hospital board, operate its hospital properties under such county hospital board as provided in this act.
[31-3618, added 1946 (1st E.S.), ch. 38, sec. 18, p. 75.]
If any section or sections, or part or parts thereof be held to be unconstitutional, or invalid for any other reason, such holding shall not affect the validity of the remaining portions of the act.
[31-3619, added 1946 (1st E.S.), ch. 38, sec. 19, p. 75.]
The person in charge of the county hospital shall keep a correct account of all receipts and expenditures in connection therewith and make full and complete reports thereof quarterly to the board of county commissioners. Upon notification by the state controller, all records shall be kept according to the provisions of the uniform accounting manual for local governmental entities authorized under section 67-1075, Idaho Code.
[31-3620, added 1992, ch. 83, sec. 7, p. 266; am. 2021, ch. 89, sec. 12, p. 307.]
Any county and city located in such county are hereby authorized to create a joint county-city hospital authority, to jointly purchase, build, maintain and operate hospitals, hospital grounds, nurses homes, superintendent’s quarters and any other necessary buildings and equipment, on such terms and paying for the same in such proportions as such governing bodies of such county and city may determine, and may jointly operate any hospital or hospitals which are separately owned by the county or the city as a joint county-city hospital authority. A joint county-city hospital authority may be created under this chapter by joint agreement approved by resolution of the board of county commissioners of the county and the city council of the city. A joint county-city hospital authority created under this chapter shall be an independent legal entity with the powers set forth in this chapter.
[31-3701, added 1947, ch. 222, sec. 1, p. 534; am. 1995, ch. 221, sec. 1, p. 766.]
The governing bodies of said county and city, when they deem the welfare of their respective municipalities requires it, and when petitioned thereto by a number of taxpayers, in the case of the city equal to thirty per cent (30%) of the number of persons voting for mayor of said city at the last city election held therein, and in the case of the county, when petitioned thereto by a number of resident taxpayers of such county equal to thirty per cent (30%) of the number of persons voting for the secretary of state of the state of Idaho at the last election preceding the date of such petition, shall submit to the qualified electors of such city or county, as the case may be, at any general election to be held therein, or at an election called therein by the governing bodies of such city or county, subject to the provisions of section 34-106, Idaho Code, the proposition whether the negotiable coupon bonds of such city and/or county to the amount stated in such proposition shall be issued and sold for the purposes mentioned and described in section 31-3701, Idaho Code; Provided, however, in case that either such city or county entering into such contract provided for in section 31-3701, Idaho Code, shall have already voted bonds of such city or county for the purpose of building therein a hospital, such city or county shall be authorized to use the proceeds of such bonds so already voted to pay for its proportionate part of the cost and expense of building, maintaining and operating the facilities provided for in section 31-3701, Idaho Code.
[31-3702, added 1947, ch. 222, sec. 2, p. 534; am. 1995, ch. 118, sec. 36, p. 459.]
Such city and county acting through the respective governing bodies of such municipality and county shall have the right to lease such hospital upon such terms and for such a length of time as they may decide, or to sell the same; provided, however, that no such leasing or sale shall be final or valid unless and until it has been approved by a majority of the qualified electors of such county and city voting on such question at an election called for that purpose, subject to the provisions of section 34-106, Idaho Code.
[31-3703, added 1947, ch. 222, sec. 3, p. 534; am. 1995, ch. 118, sec. 37, p. 459.]
The management and operation of any hospital which is jointly owned by any county and city in this state may, by resolution of the board of county commissioners of such county and the city council of such city in all cases where both county and city are engaged in the joint operation of such hospital, and in other cases by resolution of either the board of commissioners of the county or the council of the city which is operating such hospital, be delegated to and vested in a board composed of five (5) electors of such county, to be known and designated as the "Hospital Board of ………. County."
The management and operation of any hospital or hospitals jointly owned or jointly operated by a joint county-city hospital authority shall be vested in a board of trustees consisting of not less than five (5) nor more than ten (10) members, as shall be specified in the agreement between the county and city creating such joint county-city hospital authority, which board of trustees shall be appointed and shall be subject to removal in the manner set forth in section 31-3705, Idaho Code.
[31-3704, added 1935, ch. 125, sec. 1, p. 293; am. 1995, ch. 221, sec. 2, p. 766.]
In cases where the city and county are jointly operating such hospital, and where a hospital or hospitals are being operated by a joint county-city hospital authority, the members of said hospital board or board of trustees shall be appointed by the board of county commissioners and the city council in such manner as may be agreed between them, and where either county or city is alone operating the jointly owned hospital, by the board of county commissioners of the county or the council of the city which is so operating the same. All members of the board shall be subject to removal at any time by the body appointing them, but unless removed shall hold office until the second Monday in the first month of the hospital’s fiscal year next following the date of their appointment and until their successors are appointed and qualified; provided, that members of the board of trustees of a joint county-city hospital authority may be removed only for conviction of a felony, mental incapacity, failure to attend meetings of the board as required in the bylaws of the board, or other good and sufficient cause.
The officers of the hospital board shall be a president, secretary and treasurer and such other officers as the board shall designate, all of whom shall be elected by such board. The president must be a member of the board but the secretary and treasurer need not be. It shall be the duty of the secretary of the board to keep an accurate and complete record of all acts and proceedings of the board. It shall be the duty of the treasurer to have custody of all funds coming into the custody of the board and he shall perform such other duties as are herein specified, and he shall give bond in such amount as shall be fixed by the board in the same manner and on the same terms and conditions as required for the official bonds of county officers. All officers of the hospital board shall be subject to removal by said board at any time. The hospital board and any of its officers or members may be paid reasonable compensation as shall be authorized by the board and/or council authorized to appoint the members of the board.
Meetings of the hospital board shall be held at such time and place and under such rules and regulations as the board may establish. A majority of the board shall constitute a quorum for the transaction of business, and a majority vote of the members present at any meeting properly called shall govern as to all questions coming before the meeting.
[31-3705, added 1935, ch. 125, sec. 2, p. 293; am. 1982, ch. 348, sec. 1, p. 863; am. 1995, ch. 221, sec. 3, p. 766.]
All hospital boards, including boards of trustees of joint county-city hospital authorities, so appointed are authorized, subject to such special regulations as may be from time to time imposed by the county commissioners and/or city council appointing said board, or, in the case of joint county-city hospital authorities, as may be provided in the agreement creating such authority:
To take entire charge of and run, manage and operate the hospital for which they were appointed.
To promulgate such rules and regulations for the management and operation of such hospital and the conduct of its business and the business of the board as they may deem expedient, not inconsistent with law or the special regulations imposed by the county commissioners and/or city council appointing the board, or, in the case of a county-city hospital authority, with the agreement creating such authority.
To employ such persons as they may deem necessary for or in the operation of said hospital and/or the conduct of the business of the board, to fix their compensation and to discharge them at pleasure.
To collect and receive all funds accruing from the operation of said hospital and all those appropriated or provided for the management, operation and/or conduct thereof by the city and/or county, and all such funds shall be paid over to the hospital board and held and disbursed by it as herein provided.
To exercise such other powers as the appointing authority may delegate to the board.
Said hospital board shall allow and pay all expenses for the management, maintenance and operation of said hospital and the expenses of said board from such funds or any other funds in said board’s control, without allowance by either the board of county commissioners or the city council, but no funds in the custody of said hospital board or its treasurer shall be paid out except on order of such hospital board, and said board shall not, without special authorization of the board of county commissioners, create any debt or debts chargeable against the county, nor without special authorization of the city council create any debt or debts chargeable against the city, exceeding in the aggregate the total of the cash in the custody of the hospital board and the appropriations previously made by the city and/or county, available for the payment thereof.
[31-3706, added 1935, ch. 125, sec. 3, p. 293; am. 1995, ch. 221, sec. 4, p. 767.]
No funds coming into the custody of the hospital board under the provisions of this act need be deposited with the treasurer of either the city or county, but the same, including all checks, drafts and other instruments for the payment of money acceptable for deposit in banks, may be deposited in a bank or trust company in accordance with the provisions of the public depository law.
[31-3707, added 1935, ch. 125, sec. 4, p. 293; am. 1969, ch. 255, sec. 1, p. 787.]
No bank or trust company accepting such deposits shall have any duty or obligation whatsoever as to the disposition of any funds so deposited by either said board or any member, officer or agent thereof, or by the person designated to check against the same, nor be liable in any respect for the misappropriation, misapplication or wrongful use or disposal thereof by such board or any officer, member or agent thereof, or by any person designated to check against the same, and neither the board nor any member, officer or agent thereof shall be liable either personally or on any bond for the nonpayment by any bank or trust company of funds deposited with it pursuant to and in conformity with the provisions of this act.
[31-3709, added 1935, ch. 125, sec. 6, p. 293.]
The treasurer of every such hospital board shall make an annual financial report and accounting to the board of county commissioners and the city council owning and/or operating such hospital, within thirty (30) days after the acceptance of the annual hospital audit after the close of the fiscal year, which report shall show all moneys received and the source thereof, and all moneys paid out and the purpose thereof, during the period covered by the report, together with the balances remaining on hand and the amount, if any, of the unpaid obligations. The board of every such hospital shall also prepare in its regular course of business unaudited monthly financial reports reflecting the financial operations of the hospital. Every such hospital board shall provide a copy of those monthly reports to the respective governing bodies of such municipality and county.
[31-3710, added 1935, ch. 125, sec. 7, p. 293; am. 1982, ch. 348, sec. 2, p. 863.]
(1) The provisions of this section shall apply to any subdivision, as defined in chapter 13, title 50, Idaho Code, within the state of Idaho or to a subdivision subject to a more restrictive county or city zoning ordinance. A completed application to develop a subdivision filed pursuant to chapter 65, title 67, Idaho Code, that was filed on or before June 30, 2025, is governed by the law as it existed at the time of filing.
(2) For any subdivision that lies within the service area or area of city impact of a municipal provider, the following requirements apply:
(a) If a shared well or public water system is installed, it shall be designed to meet requirements of that municipal provider and be planned to integrate with and connect to the municipal provider’s system when appropriate. The requirements of this paragraph shall not apply if an agreement is reached with the municipal provider;
(b) The municipal provider shall be consulted in the design of the shared well or public water system to ensure proper integration; and
(c) Upon connection to the municipal provider’s system, the water rights associated with the subdivision’s shared well or public water system shall be conveyed to the municipal provider.
(3) If surface water for irrigation is reasonably available to all or any part of a subdivision, as provided in section 67-6537, Idaho Code, then no subdivision plat, amendment to a subdivision plat, or any other plat or map recognized by the city or county for the division of land will be accepted, approved, and recorded unless the owner or entity has provided for the irrigation of lots within the subdivision using the available surface water.
(4) For subdivisions using water provided by an irrigation entity, as required by section 67-6537, Idaho Code, the subdivision plat or with the plat mat as an exhibit shall include a description of the system used to deliver irrigation water from the irrigation entity’s point of delivery to the individual lots. In such cases:
(a) For proposed subdivisions within the incorporated limits of a city, the irrigation system must be approved by the city zoning authority or the city council, as provided by city ordinance, with the advice of the irrigation entity charged with the delivery of water to such lands; and
(b) For proposed subdivisions located outside an incorporated city, the irrigation system must be approved by the board of county commissioners, with the advice of the irrigation entity charged with the delivery of water to such lands.
(5) For subdivisions receiving water from an irrigation entity, the subdivision plat or amendment to a subdivision plat shall contain notes stating the following:
(a) That the subdivision or a portion of it is located within the service area of the irrigation entity and the name and contact information for the irrigation entity;
(b) That a system for the delivery of irrigation water to lots within the subdivision has been provided;
(c) That the system has been approved as required by subsection (4) of this section;
(d) That the purchaser of each lot shall remain subject to all assessments levied by the irrigation entity; and
(e) That unpaid irrigation entity assessments are a lien on the land within the irrigation entity.
[31-3805, added 2025, ch. 129, sec. 7, p. 667; am. 2026, ch. 2, sec. 3, p. 8.]
(1) If the owner of the property of the person, firm, or corporation filing the subdivision plat, amendment to a subdivision plat, or any other plat or map recognized by the city or county for the division of land fails to comply with section 31-3805, Idaho Code, prior to sale of the lots in the subdivision to purchasers, the owner of the property, or the person or entity filing the subdivision plat, amendment to a subdivision plat, or any other plat or map recognized by the city or county for the division of land shall be liable to any purchaser for all costs required to bring each subdivision lot into compliance with section 31-3805. The purchaser shall have a right to enforce this obligation in a civil action.
(2) In any civil action filed under this section, the prevailing party shall be awarded its reasonable costs and attorney’s fees. The purchaser and irrigation entity shall have two (2) years from the date of discovery of the violation to initiate any legal action.
[31-3806, added 1990, ch. 365, sec. 3, p. 998; am. 1996, ch. 51, sec. 2, p. 153; am. 1996, ch. 399, sec. 2, p. 1332; am. 1997, ch. 148, sec. 2, p. 425; am. 2025, ch. 129, sec. 8, p. 668.]
(1) Except as provided in subsection (2) of this section, the boards of county commissioners in the several counties are hereby authorized, whenever existing ambulance service is not reasonably available to the inhabitants of the county or any portion thereof, to procure an ambulance and pay for the same out of any funds available and to establish an ambulance service to serve the areas that do not have an existing ambulance service reasonably available, both within and outside the cities and villages in their respective counties, and to levy a special tax not to exceed two-hundredths percent (.02%) of the market value for assessment purposes on all taxable property within the county to support the same. Providing ambulance service is a governmental function.
(2) A county that provides ambulance service pursuant to subsection (1) of this section prior to July 1, 2020, may continue to operate under the authority of this section. However, no board of county commissioners may exercise the powers granted under this section for the first time on and after July 1, 2020.
[31-3901, added 1963, ch. 278, sec. 1, p. 712; am. 1965, ch. 61, sec. 1, p. 96; am. 1967, ch. 147, sec. 1, p. 333; am. 1976, ch. 289, sec. 1, p. 996; am. 1995, ch. 82, sec. 7, p. 223; am. 2020, ch. 209, sec. 1, p. 603.]
The county treasurer of each county in which an ambulance service has been established pursuant to section 31-3901, Idaho Code, prior to July 1, 2020, shall establish a fund to be designated as the ambulance service fund and used exclusively for the purposes of section 31-3901, Idaho Code.
[31-3902, added 1963, ch. 278, sec. 2, p. 712; am. 2020, ch. 209, sec. 2, p. 603.]
(1) The board of county commissioners shall determine the manner in which said ambulance service shall be operated and is empowered to make expenditures from the ambulance service fund for the purchase or lease of real property and the construction of buildings necessary in connection with said service, to acquire necessary equipment for the operation and maintenance of said service, and to pay necessary salaries.
(2) A county that provides ambulance service pursuant to section 31-3901, Idaho Code, prior to July 1, 2020, may continue to operate under the authority of this section. However, no board of county commissioners may exercise the powers granted under this section for the first time on and after July 1, 2020.
[31-3903, added 1963, ch. 278, sec. 3, p. 712; am. 2020, ch. 209, sec. 3, p. 604.]
(1) The board of county commissioners shall adopt a schedule of fees to be charged for the use of ambulance service provided under the authority of section 31-3901, Idaho Code. All such fees shall be collected, accounted for and paid to the county treasurer for deposit in the ambulance service fund and shall be used to pay expenses as incurred in the maintenance and operation of said ambulance service.
(2) A county that provides ambulance service pursuant to section 31-3901, Idaho Code, prior to July 1, 2020, may continue to operate under the authority of this section. However, no board of county commissioners may exercise the powers granted under this section for the first time on and after July 1, 2020.
[31-3904, added 1963, ch. 278, sec. 4, p. 712; am. 2020, ch. 209, sec. 4, p. 604.]
All cities and villages within the county, upon resolution duly passed and approved and presented to the board of county commissioners, may authorize said ambulance service to operate within the boundaries of said city or village, but the failure of any such governing body to authorize said ambulance service to operate within the limits of said village or city shall not affect the right of the board of county commissioners to levy the tax authorized under section 31-3901, Idaho Code.
[31-3905, added 1963, ch. 278, sec. 5, p. 712; am. 2020, ch. 209, sec. 5, p. 604.]
The board of county commissioners of any county wherein such ambulance service has been established pursuant to section 31-3901, Idaho Code, prior to July 1, 2020, is authorized, in its discretion and under such terms and conditions as it deems appropriate, to enter into a cooperative agreement with adjacent counties or fire protection districts and for private individuals and corporations to provide ambulance service for such county or counties or a portion thereof. All cost of said service shall be apportioned equitably among the participating counties and fire protection districts, as determined by their respective boards of commissioners.
[31-3906, added 1963, ch. 278, sec. 6, p. 712; am. 1967, ch. 147, sec. 2, p. 333; am. 2020, ch. 183, sec. 2, p. 574; am. 2020, ch. 209, sec. 6, p. 604.]
Any county having adopted and established an ambulance service pursuant to section 31-3901, Idaho Code, prior to July 1, 2020, may terminate the same for good cause by the adoption of a resolution by the board of county commissioners. Upon the termination of said ambulance service, all vehicles and property not necessary for other county purposes shall be sold and the proceeds therefrom paid to the county treasurer to be deposited in the general fund of the county. All moneys on deposit in the ambulance service fund shall be transferred to the general fund of the county. Provided, however, in the event that an ambulance service district formed pursuant to section 31-3911, Idaho Code, is succeeding the terminated ambulance service by the county, then the board of county commissioners may adopt a resolution providing that the vehicles and property shall instead be transferred to the new ambulance service district.
[31-3907, added 1963, ch. 278, sec. 7, p. 712; am. 2020, ch. 209, sec. 7, p. 605.]
The provisions set forth in this section shall govern an ambulance district formed prior to July 1, 2020:
(1) The county commissioners of any county shall, upon petition signed by not less than fifty (50) qualified electors of said county, or any portion thereof, which may exclude incorporated cities, undertake the following procedure to determine the advisability of resolving to establish and maintain an ambulance service district within the county as may be designated in the petition.
(a) A petition to form an ambulance service district shall be presented to the county clerk and recorder. The petition shall be signed by not less than fifty (50) of the resident real property holders within the proposed district. The petition shall designate the boundaries of the district.
(b) The petition shall be filed with the county clerk and recorder of the county in which the signers of the petition are located. Upon the filing of the petition, the county clerk shall examine the petition and certify whether the required number of petitioners have signed the petition. If the number of petition signers is sufficient, the clerk shall transmit the petition to the board of county commissioners.
(c) Upon receipt of a duly certified petition, the board of county commissioners shall cause the text of the petition to be published once a week for at least three (3) consecutive weeks in a newspaper of general circulation within the county. With the publication of the petition, there shall be published a notice of the time of the meeting of the board of county commissioners when the petition will be considered stating that all persons interested may appear and be heard. No more than five (5) names attached to the petition shall appear in the publication and notice, but the number of signatures shall be stated.
At the time of filing the petition, the sponsors thereof shall cause to be deposited with the county clerk a sufficient sum of money to cover the cost of publication of the petition and all necessary notices. If the petition and notices are not published, the deposit shall be returned to whomever deposited the funds, and if there is any surplus remaining after paying for the publication as herein provided, it shall be returned to the original depositors, and if a district is created, the fees so expended are an obligation of the district and shall be repaid by the district to the depositors.
(d) At the time set for hearing the petition, the board of county commissioners shall hear all persons who desire to be heard relative to the creation of an ambulance service district. The board of county commissioners may, if they so desire and it appears desirable, adjourn the meeting for not to exceed thirty (30) days to further hear the petitioners and protestants, if any. After the hearing or hearings, the board of county commissioners shall adopt a resolution either creating the proposed ambulance service district or denying the petition. When the board of county commissioners creates an ambulance service district, the board shall adopt a resolution describing the boundaries of the district.
(e) When the board of county commissioners adopts the resolution creating the ambulance service district, the board shall include in the resolution the name of the district and file a copy of the order creating the district with the county clerk and recorder, for which the clerk shall receive a fee of three dollars ($3.00).
(f) Procedures for annexation, deannexation, or dissolution of a district created pursuant to this section shall be in substantial compliance with the provisions for public notice and hearing provided herein and shall be by resolution adopted by the board of county commissioners.
(2) When the board of county commissioners has ordered the creation of an ambulance service district, pursuant to the provisions of this section, such district is hereby recognized as a legal taxing district, and providing ambulance service is a governmental function.
(3) The board of county commissioners shall be the governing board of an ambulance service district created pursuant to this section and shall exercise the duties and responsibilities provided in chapter 39, title 31, Idaho Code.
(4) In any county where an ambulance service district is created as provided herein, the board of county commissioners is authorized to levy a special tax, not to exceed four-hundredths percent (.04%) of market value for assessment purposes, except as authorized by paragraph (a) of this subsection, upon all taxable property within the district for the purposes of the district, but the levy otherwise authorized in section 31-3901, Idaho Code, shall not be made on taxable property within the district.
(a) In any county where an ambulance service district:
(i) Was created as of January 1, 1976;
(ii) Had at the time of its creation a market value for assessment purposes of the district of less than three hundred million dollars ($300,000,000); and
(iii) The service provided by the district is an advanced life support paramedic unit;
the board of county commissioners may submit to the electors within the district the question of whether the levy authorized in this subsection may be increased to a levy not to exceed six-hundredths percent (.06%) of market value for assessment purposes upon all taxable property within the district for the purposes of the district, if approved by a minimum of two-thirds (2/3) of the qualified electors of the district voting at an election called for that purpose and held on the May or November dates provided in section 34-106, Idaho Code, but the levy otherwise authorized in section 31-3901, Idaho Code, shall not be made on taxable property within the district.
(5) The board of county commissioners is authorized by resolution to create an ambulance district capital improvement account. The board may dedicate all or a portion of the fees and taxes collected pursuant to this chapter to the capital improvement account for the purpose of purchasing necessary buildings, land or equipment for the operation of the district. The board is further authorized to carry over and add to the funds in the account from year to year in order to make the purchases authorized by this subsection.
(6) The board of county commissioners is authorized by resolution to enter into cooperative agreements with other adjoining counties, adjoining fire protection districts, or other adjoining political subdivisions in Idaho or in other states in order to pool resources and increase efficiency and improve emergency medical services.
(7) As used in this chapter, "ambulance district" or "ambulance service district" means a political subdivision formed to provide ambulance transport, emergency medical services as defined in section 46-903, Idaho Code, community health emergency medical services as defined in section 46-903, Idaho Code, or other activities necessary to meet the community health needs of the district.
[31-3908, added 1975, ch. 258, sec. 1, p. 703; am. 1976, ch. 289, sec. 2, p. 996; am. 1980, ch. 350, sec. 9, p. 896; am. 1981, ch. 288, sec. 1, p. 593; am. 1994, ch. 34, sec. 1, p. 51; am. 1994, ch. 52, sec. 1, p. 90; am. 2010, ch. 208, sec. 1, p. 449; am. 2015, ch. 157, sec. 1, p. 548; am. 2020, ch. 183, sec. 3, p. 575; am. 2020, ch. 209, sec. 8, p. 605; am. 2025, ch. 94, sec. 21, p. 464.]
The board of county commissioners, upon application, may, by an ordinance enacted by not later than the second Monday of July, exempt all or a portion of the unimproved real property within the district from taxation, and may exempt all or a portion of the taxable personal property within the district from taxation. Any ordinance of the board of county commissioners granting an exemption from taxation under the provisions of this section must provide that each category of property is treated uniformly. Notice of intent to adopt an ordinance which exempts unimproved real property shall be provided to property owners of record in substantially the same manner as required in section 67-6511(2)(b), Idaho Code, as if the ordinance were making a zoning district boundary change.
[31-3908A, added 1996, ch. 152, sec. 1, p. 492; am. 2013, ch. 216, sec. 5, p. 510.]
No action shall lie or be maintained for civil damages in any court of this state against any person or persons, or group of persons, including ambulance attendants employed by an ambulance service district, who offers and administers first aid, emergency medical attention or community health emergency medical services as a part of his normal duty as an ambulance attendant to any person or persons utilizing the services and facilities of an ambulance service district, unless it can be shown that the person or persons offering or administering first aid or emergency medical attention is guilty of gross negligence in the care or treatment offered or administered, or has treated them in a grossly negligent manner. The immunity described herein shall cease upon delivery of the injured or treated person to either a generally recognized hospital for treatment of ill or injured persons, or upon assumption of treatment in the office or facility of any person undertaking to treat said ill or injured person or persons.
[31-3909, added 1976, ch. 289, sec. 3, p. 998; am. 2015, ch. 157, sec. 2, p. 550.]
The authorization or refusal of consent for emergency medical treatment under chapter 39, title 31, Idaho Code, shall be governed by chapter 45, title 39, Idaho Code.
[31-3910, added 1976, ch. 318, sec. 2, p. 1089; am. 2005, ch. 120, sec. 4, p. 390.]
The provisions of sections 31-3911 through 31-3922, Idaho Code, shall govern any ambulance service district formed on and after July 1, 2020:
(1) A petition to form an ambulance service district must be signed by no fewer than fifty (50) qualified electors within the proposed district. The petition shall designate the boundaries of the proposed district, shall state the name of the proposed district, and shall be accompanied by a map of the proposed district. The petition shall be filed with the county clerk and recorder of the county or counties in which the proposed district lies. Upon the filing of the petition, each county clerk shall examine the petition and certify whether the required number of petitioners have signed the petition.
(2) Any incorporated city that lies within the boundaries of a proposed ambulance service district must pass a resolution consenting to participation in the ambulance service district before the district may be formed. Copies of the city resolutions must be filed with the county clerk or clerks by the petitioners at the time of filing the petition.
(3) At the time of filing the petition, the petitioners shall deposit with the county clerk a sufficient sum of money to cover the cost of publication of the petition and all necessary notices. If the petition and notices are not published, the deposit shall be returned to the petitioners, and if there is any surplus remaining after paying for the publication as provided in this section, it shall be returned to the petitioners. If a district is created, the petitioners shall be reimbursed the amount of their deposit from the first tax moneys collected by the district.
(4) If the provisions of subsections (1), (2), and (3) of this section have been met, the clerk or clerks shall transmit the petition and city resolutions to the board or boards of county commissioners. Upon receipt of a duly certified petition, the board or boards of county commissioners shall cause the text of the petition to be published once a week for at least three (3) consecutive weeks in a newspaper of general circulation within the county or counties. With the publication of the petition, there shall be published a notice of the time of the meeting of the board of county commissioners when the petition will be heard and a statement that all persons interested may appear and be heard. No more than five (5) names attached to the petition shall appear in the publication and notice, but the number of signatures shall be stated. If the district is to be situated in two (2) or more counties, each board of county commissioners shall coordinate the hearing date and the publications of notice so that only one (1) hearing need be held.
(5) After hearing and considering any and all testimony, the county commissioners shall make an order denying or granting the petition, with or without modifications. Any order granting the petition shall state the name and fix the boundaries of the proposed district. The boundaries so fixed shall be the boundaries of the district after its organization is completed according to law. A map showing the boundaries of the proposed district as finally fixed and determined by the board or boards of county commissioners shall be prepared and filed in the office of the clerk of the county or counties.
(6) Following the issuance of an order by the county commissioners fixing the name and boundaries of the proposed district, the county clerk shall publish notice of an election to be held on the May or November election date set forth in section 34-106, Idaho Code, for the purpose of determining whether or not the proposed district shall be organized. The notice shall state the name and boundaries of the proposed district and shall state that a map showing the boundaries of the proposed district is on file in the clerk’s office. The notice shall require the electors to cast ballots that contain the words "… ambulance service district, yes" or "… ambulance service district, no" or words equivalent thereto. The notice shall be published first no less than fifteen (15) days before the election and a second publication no less than five (5) days prior to the election in a newspaper of general circulation within the county. No person shall be entitled to vote at any election held under this section unless he possesses all the qualifications required of electors under the general laws of the state, and he is a resident of the proposed district.
(7) If the district is to be situated in two (2) or more counties, the boards of county commissioners shall provide that the election will be held on the same day in each county. The boards of county commissioners shall coordinate the canvass of the votes cast and make one (1) joint announcement.
(8)(a) If a majority of the votes cast in any county are against the formation of the district, the rejection shall void the organization of the district in all counties.
(b) If more than one-half (1/2) of the votes cast are in favor of creating the ambulance service district, the board or boards of county commissioners shall order that such territory is duly organized as an ambulance service district under the name designated on the ballot. A certified copy of the order shall be filed for record in the office of the county recorder of each county in which the district is located and shall be transmitted to the governor. From and after the date of filing the order, the organization of the district is complete.
[31-3911, added 2020, ch. 209, sec. 9, p. 607.]
(1) At the meeting of the board of county commissioners at which the ambulance service district is declared organized, as provided in section 31-3911, Idaho Code, the county commissioners shall divide the ambulance service district into three (3) subdivisions, as nearly equal in population, area, and mileage as practicable, to be known as ambulance service commissioner subdistricts 1, 2, and 3. No more than one (1) of the ambulance service district commissioners shall be a resident of the same ambulance service subdistrict. The first commissioners appointed by the board of county commissioners shall serve until the next ambulance service district election, at which time their successors shall be elected. On the first Tuesday following the first Monday of November, of the next odd-numbered year following the organization of an ambulance service district, three (3) ambulance service district commissioners shall be elected. The term of office for ambulance service commissioners shall commence on the second Monday of January succeeding each general election. Commissioners appointed or elected must be electors residing within the ambulance service district for at least one (1) year immediately preceding their appointment or election. At the first election following organization of an ambulance service district, the commissioner from ambulance service subdistrict 1 shall be elected to a term of two (2) years and the commissioners from subdistricts 2 and 3 shall be elected to a term of four (4) years; thereafter, the term of office of all commissioners shall be four (4) years. For commissioners whose term in office expires in any even-numbered year, such commissioners shall remain in office until the next election in an odd-numbered year. Such elections and all other elections held under this chapter shall be held in conformity with the general laws of the state including chapter 14, title 34, Idaho Code.
(2) Any ambulance service commissioner vacancy occurring, other than by the expiration of the term of office, shall be filled by the board of ambulance service commissioners. If a duly elected or appointed ambulance service commissioner resigns, withdraws, becomes disqualified, refuses or, without first providing signed written notice of a temporary vacancy, becomes otherwise unable to perform the duties of office for longer than ninety (90) days, the board, on satisfactory proof of the vacancy, shall declare the office vacant. The board shall fill any vacancies within sixty (60) days of learning of the vacancy. When a vacancy occurs, the board shall direct the secretary to cause a notice of the vacancy to be published in at least one (1) issue of a newspaper of general circulation within the district. The notice shall include the date and time of the meeting when the board will vote to fill the vacancy and the deadline for qualified elector residents interested in being appointed to the position to submit a written request for appointment to the board. Should the remaining members of the board fail to agree on an individual to fill the vacancy, it shall select the individual by placing the names of all interested persons who received the highest and equal number of votes in a container. The ambulance service commissioner with the most continuous length of service shall draw one (1) name from the container. The person whose name is drawn shall then be appointed to fill the vacancy.
(3) If more than fifty percent (50%) of the elected official seats on an ambulance service district board of commissioners are vacant, any remaining member of the ambulance service district board of commissioners, or any elector of the ambulance service district, may petition the board of county commissioners of the county or counties in which the subdistrict vacancies are situated to make such appointments as are necessary to fill the vacancies on the ambulance service district board of commissioners. The vacancies shall be filled by the board or boards of county commissioners within sixty (60) days of receiving a written petition. Any ambulance service commissioner so appointed shall serve out the remainder of the term for the commissioner last serving in the vacant seat to be filled and shall be a resident of the same ambulance service commissioner’s subdistrict.
(4) The board of ambulance service district commissioners may revise subdistricts when they deem it necessary due to significant shifts in population. The board of ambulance service district commissioners shall revise subdistricts upon any annexation of territory into the district and, in any case, within six (6) months following the end of each decennial United States census reporting year so as to equalize the population, area, and mileage between the subdistricts as nearly as practicable. Of the commissioners comprising the board, no more than one (1) commissioner shall be a resident of the same ambulance service commissioner’s subdistrict. The revision of subdistricts shall not disqualify any elected commissioner from the completion of the term for which he has been duly elected. Notice of revised ambulance service commissioner subdistricts shall be provided to the county clerk of the county or counties in which the changes occur by means of a resolution that includes a map depicting the revised subdistrict boundaries.
(5) In any election for ambulance service district commissioner, if, after the deadline for filing a declaration of intent as a write-in candidate, it appears that only one (1) qualified candidate has been nominated for a subdistrict to be filled, it shall not be necessary for the candidate of that subdistrict to stand for election, and the board of the ambulance service district commissioners shall declare such candidate elected as commissioner, and the secretary of the district shall immediately make and deliver to such person a certificate of election.
(6) The results of any election for ambulance service district commissioner shall be certified by the county clerk of the county or counties of the district and the results reported to the ambulance service district.
[31-3912, added 2020, ch. 209, sec. 10, p. 608.]
(1) Immediately after qualifying, the board of ambulance service commissioners shall meet and organize as a board and, at that time and whenever thereafter vacancies in the respective offices may occur, they shall elect a president from their number and shall appoint a secretary and treasurer, who may also be from their number, all of whom shall hold office at the pleasure of the board or for terms fixed by the board. The offices of secretary and treasurer may be filled by the same person. Certified copies of all such appointments, under the hand of each of the commissioners, shall be forthwith filed with the clerk of the board of county commissioners and with the tax collector of the county.
(2) As soon as practicable after the organization of the first board of ambulance service district commissioners, and thereafter when deemed expedient or necessary, the board shall designate a day and hour on which regular meetings shall be held and a place for the holding thereof, which shall be within the district. Regular meetings shall be held at least quarterly. The minutes of all meetings must show what bills are submitted, considered, allowed, or rejected. The secretary shall make a list of all bills presented, showing to whom payable, for what service or material, when and where used, the amount claimed, allowed or disallowed. Such list shall be acted on by the board. All meetings of the board must be public, and a majority shall constitute a quorum for the transaction of business. All ambulance service districts shall meet the financial audit filing requirements as provided in section 67-450B, Idaho Code. All meetings of ambulance service boards shall be noticed and run in accordance with the open meetings law provided for in chapter 2, title 74, Idaho Code. All records of ambulance service districts shall be available to the public in accordance with the provisions of public records law as provided for in chapter 1, title 74, Idaho Code.
(3) The officers of the district shall take and file with the secretary an oath for faithful performance of the duties of the respective offices. The treasurer shall, on his appointment, execute and file with the secretary an official bond in compliance with section 41-2604, Idaho Code, in such an amount as may be fixed by the ambulance service board but in no case less than ten thousand dollars ($10,000).
[31-3913, added 2020, ch. 209, sec. 11, p. 610.]
A board of ambulance service commissioners shall have discretionary powers to manage and conduct the business and affairs of the district. The discretionary powers shall include but not be limited to the following:
(1) To sue and be sued;
(2) To purchase, hold, sell, and convey real property, make such contracts, and purchase, hold, sell, and dispose of such personal property as may be necessary or convenient for the purposes of this chapter;
(3) To levy and apply such taxes for purposes under its exclusive jurisdiction as are authorized by law and to approve the annual district budget by resolution of the board;
(4) To make and execute all necessary contracts;
(5) To adopt such rules and resolutions as may be necessary to carry out its duties and responsibilities;
(6) To hire, pay, promote, discipline, and terminate district employees, contractors, and agents, or to delegate such powers;
(7) To set compensation and benefit levels for employees, commissioners, contractors, and agents; and
(8) To charge and collect reasonable fees for services provided to residents of the ambulance service district or city, in accordance with the provisions of sections 63-1311 and 63-1311A, Idaho Code.
[31-3914, added 2020, ch. 209, sec. 12, p. 611.]
(1) Each year, immediately prior to the annual county levy of taxes, the board of commissioners of each ambulance service district organized under section 31-3911, Idaho Code, may levy a tax upon all the taxable property within the boundaries of such district sufficient to defray the cost of equipping and maintaining the district in the amount of four-hundredths percent (.04%) of market value for assessment purposes, to be used for the purposes of this chapter and for no other purpose. The levy shall be made by resolution entered upon the minutes of the board of commissioners of the ambulance service district, and it shall be the duty of the secretary of the district, immediately after entry of the resolution in the minutes, to transmit to the county auditor and the county assessor certified copies of the resolution providing for such levy. Said taxes shall be collected as provided by section 63-812, Idaho Code.
(2) The board of commissioners of an ambulance service district organized under section 31-3911, Idaho Code, may submit to the electors within the district the question of whether the levy authorized in subsection (1) of this section may be increased to a levy not to exceed six-hundredths percent (.06%) of market value for assessment purposes upon all taxable property within the district for the purposes of the district, if approved by a minimum of two-thirds (2/3) of the qualified electors of the district voting at an election called for that purpose and held on the May or November dates provided in section 34-106, Idaho Code.
[31-3915, added 2020, ch. 209, sec. 13, p. 611.]
The board of county commissioners, at the time of making the annual county levies, shall make a levy upon all the taxable property not exempt from taxation within each district within the county in the same amount as the levy made by the board of commissioners of each ambulance service district and shall certify such levy or levies to the county auditor, and said auditor shall extend such levy on the rolls of the county, as other county taxes are extended; such special taxes so levied shall constitute a lien upon the property so assessed and shall be due and payable at the same time and in all respects are to be collected in the same manner as the state and county taxes, except that the tax collector must keep a separate list thereof and must list said tax in his receipt to the taxpayers and must pay to the county treasurer as he pays other taxes, specify to the treasurer what taxes they are and take a separate receipt therefor, and keep separate accounts thereof.
[31-3916, added 2020, ch. 209, sec. 14, p. 612.]
(1) The tax receipts collected by the county as provided for in section 31-3916, Idaho Code, and other funds shall immediately be paid over by the county treasurer to the treasurer of the ambulance service district, who shall deposit the same in a bank and be handled in the manner prescribed by the state depository law, and all other funds received by or on behalf of the district shall be deposited by the treasurer to the credit of the district fund and shall be drawn upon voucher and by check bearing the signature of the treasurer and at least one (1) commissioner or, in the event that the treasurer is unavailable, checks may be signed by two (2) commissioners. Upon written resolution of the board, checks may be signed by designated representatives who have been bonded in amounts deemed appropriate by the board.
(2) It is hereby made the duty of the treasurer of the ambulance service district to keep account of the district’s funds, to place to the credit of the district all moneys received by him from the collector of taxes or from any other officer charged with the collection of taxes as the proceeds of taxes levied by the ambulance service board of commissioners, or from any other sources, and of all other moneys belonging to the district, and to pay over all moneys belonging to the district on legally drawn warrants or orders of the district officers entitled to draw the same.
(3) No checks or warrants shall be signed until it is determined that the payment has been legally authorized, that the money has been duly appropriated by the board, and that such appropriation has not been exhausted. No checks or warrants shall be drawn in excess of the moneys actually in the district treasury. Warrants may be issued in anticipation of a levy except as otherwise provided in this chapter. The district shall pay warrants presented for payment provided there is money in the treasury for that purpose.
(4) All warrants for the payment of an indebtedness of an ambulance service district that are unpaid due to lack of funds shall bear interest at a rate to be fixed by the ambulance service board of commissioners from the date of the registering of such unpaid warrants with the treasurer. The dollar amount of the warrants shall not exceed the revenue provided for the year in which the indebtedness was incurred.
[31-3917, added 2020, ch. 209, sec. 15, p. 612.]
The board of commissioners of an ambulance service district organized pursuant to the provisions of this chapter shall have no power to incur any debt or liability, except as otherwise provided in this section:
(1) In the first year after organization, the board of a district may, for the purpose of organization, to finance general preliminary expenses of the district or for any other purpose of the ambulance service district law, and before making a tax levy, incur an indebtedness not exceeding in the aggregate a sum equal to one cent (1¢) on each one hundred dollars ($100) of market value for assessment purposes of all real and personal property within the district.
(2)(a) Whenever the board of commissioners of an ambulance service district determines that the interest of said district and the public interest or necessity require incurring an indebtedness exceeding the income and revenue provided for the year for the purposes of acquiring, purchasing, constructing, improving and equipping lands, building sites, and buildings, together with the necessary appurtenant facilities and equipment, or acquiring and purchasing suitable equipment and apparatus necessary to provide ambulance service, or both, the board shall have the power and authority as provided in this section to issue general obligation coupon bonds not to exceed in the aggregate at any time two percent (2%) of market value for assessment purposes of the real and personal property in said district.
(b) Whenever the board of a district shall deem it advisable to issue general obligation coupon bonds, the board shall provide for the issuance of such bonds by ordinance that shall specify and set forth all the purposes, objects, and things required by section 57-203, Idaho Code, and make provision for the collection of an annual tax sufficient to:
(i) Constitute a sinking fund for the payment of the principal thereof within thirty (30) years from the time of contracting said bonded indebtedness; and
(ii) To pay the interest on such proposed bonds as it falls due.
(c) The aforesaid ordinance shall also provide for holding an election with the notice in compliance with section 34-1406, Idaho Code. The election shall be conducted in the manner and form, the returns canvassed, and the qualifications of electors of the district voting or offering to vote shall be determined, as provided by the pertinent and applicable provisions of title 34, Idaho Code. The voting at such election must be by ballot and the ballot used shall be substantially as follows: "In favor of issuing bonds for the amount of …. dollars for the purpose stated in Ordinance No. …." and "Against issuing bonds for the amount of …. dollars for the purpose stated in Ordinance No. …. ." If at such election two-thirds (2/3) of the qualified electors voting at such election assent to the issuing of such bonds and the incurring of the indebtedness thereby created for the purposes, objects, and things provided in said Ordinance No. …., such bonds shall be issued in the manner provided by chapter 2, title 57, Idaho Code, the municipal bond law of the state of Idaho.
(d) Bonds issued pursuant to the provisions of this section and the income therefrom shall be exempt from taxation.
[31-3918, added 2020, ch. 209, sec. 16, p. 613.]
The board of commissioners of an ambulance service district may accumulate fund balances at the end of a fiscal year and carry over those fund balances into the following fiscal year budget for equipping and maintaining the district. As used in this section, "fund balance" means the excess of the assets of a fund over its liabilities and reserves.
[31-3919, added 2020, ch. 209, sec. 17, p. 614.]
Except as otherwise provided in section 50-224, Idaho Code, any area embraced within the limits of any city may, with the consent of the governing boards of such city and the respective ambulance service district, expressed by ordinance or resolution, be included within the limits of an ambulance service district, when formed, or be subsequently annexed thereto. Any area in any city embraced within the limits of an ambulance service district shall, upon the consent of the governing boards of such city and ambulance service district, expressed by ordinance or resolution, be withdrawn from such ambulance service district.
[31-3920, added 2020, ch. 209, sec. 18, p. 614.]
Ambulance service districts shall have all of the powers given to political subdivisions of the state of Idaho as set forth in section 67-2339, Idaho Code, and sections 67-2326 through 67-2333, Idaho Code, inclusive, to enter into intra-agency and mutual aid agreements with other political subdivisions and municipalities in Idaho, and in other states, for the purposes of protecting life and for all other purposes of this chapter. Any ambulance service district or county ambulance service responding to a call for emergency assistance to persons or property not situated within the taxing authority of the ambulance service district or county is authorized to charge a reasonable fee for services provided to residents located within the ambulance service district or county in accordance with the requirements and procedures contained in sections 63-1311 and 63-1311A, Idaho Code.
[31-3921, added 2020, ch. 209, sec. 19, p. 614.]
Dissolution of any ambulance service district organized under the provisions of section 31-3911, Idaho Code, may be initiated by a petition signed by at least twenty-five percent (25%) of the qualified electors within the ambulance service district, requesting dissolution of the ambulance service district, in the following manner:
(1) The petition shall first be presented to the board of county commissioners of each county in which the ambulance service district is situated, signed by the requisite number of qualified electors, which petition shall clearly designate the boundaries of the ambulance service district and shall state the name of the district and shall be accompanied by a map thereof. The petition, together with all maps and other papers filed therewith, shall, at proper hours, be open to public inspection in the office of the clerk of the board of county commissioners between the date of said filing and the date of the election on the question of districts as provided in this section. The petition may be in one (1) or in several papers. When such petition is presented to the board of county commissioners and filed in the office of the clerk of the board, the said board shall set a time for hearing of such petition, which time shall not be less than four (4) nor more than six (6) weeks from the date of the presenting and filing of said petition. A notice of the time of such hearing shall be published by said board, once a week for three (3) successive weeks previous to the time set for such hearing, in a newspaper published within the county in which said district is situated. Said notice shall give the boundaries of the ambulance service district and shall state that a petition has been filed to dissolve the same and that, on the date fixed for the hearing, any taxpayer within the district may appear at the hearing and testify and present exhibits upon any issue pertaining to the proposed dissolution of the ambulance service district or may object to or support the proposed dissolution.
(2) After hearing and considering any and all testimony and other evidence made either in favor of or in opposition to the dissolution of the ambulance service district, if the board of county commissioners makes a sufficient factual finding that the majority of the residents of the ambulance service district will receive no benefit by continuing the existence of the ambulance service district, the county commissioners shall make an order granting the petition, with or without modification. If the board of county commissioners, after hearing and considering all testimony and other evidence either in favor of or in opposition to the dissolution of the ambulance service district, cannot make a sufficient factual finding that the majority of the residents of the ambulance service district will receive no benefit by continuing the existence of the ambulance service district, the county commissioners shall make an order denying the petition. After the county commissioners have entered their order approving or denying such petition, the clerk of the board of county commissioners shall cause to be published a notice of election to be held in such proposed ambulance service district for the purpose of determining whether or not the same shall be dissolved. Such notice shall plainly and clearly designate the boundaries of the ambulance service district, its name, and that the election is to be held to decide the question of whether the ambulance service district shall be maintained or dissolved. Such notice shall be published once each week in a newspaper published within the county for three (3) successive publications prior to such election.
(3) Such notice shall require the electors to cast ballots that shall contain the words "… ambulance service district dissolved, yes" or "… ambulance service district dissolved, no" or words equivalent thereto. No person shall be entitled to vote at any election held under the provisions of this chapter unless he shall possess all the qualifications required of electors under the general laws of the state and be a resident of the district.
(4) If a majority of the electors voting at such election shall vote to dissolve the ambulance service district, the board of county commissioners shall, after certifying the results of such election, enter an order upon the minutes of its official proceedings dissolving said ambulance service district, and such district shall thereupon be dissolved.
(5) The property of such district shall remain the property of the county in which such district is located and any money remaining in the fund of such district shall be expended in the maintenance and repair of the highways of such district, whether such highways at the time of the dissolution are in the incorporated territory or in unincorporated territory.
(6) If the district is situated in two (2) or more counties, each board of county commissioners shall coordinate the hearing date and the publications of notice so that only one (1) hearing need be held. Unless otherwise agreed to by each board of county commissioners involved, the hearing shall be held at the administrative offices of the district, and the boards of county commissioners are hereby specifically authorized to act in a joint manner for such purposes. If an election is called, the boards of county commissioners shall provide that the election be held on the same day in each county, and the boards of county commissioners shall coordinate the canvass of the votes cast and make one (1) joint announcement. If a majority of votes in any county are against the dissolution of the district, such rejection shall void the dissolution of the district in all counties.
[31-3922, added 2020, ch. 209, sec. 20, p. 614.]
As used in this act the term:
"Service unit" means any structure inhabited by human beings for dwelling purposes and shall include each home, each apartment within a structure, and each unit within a motel or hotel structure or complex and shall include any establishment which sells, rents, leases to or maintains on the premise for the enjoyment of their customers electronic equipment which receives translator signals.
"Translator" means any facility within this state which is operated to receive and amplify the signals broadcast by one or more television stations and redistribute the signals by appropriate broadcasting means but shall not include redistribution of signals by wire or cable.
[31-4101, added 1969, ch. 308, sec. 1, p. 944.]
The purposes of a translator district shall be to serve the public interest, convenience, and necessity in the construction, maintenance and operation of translator stations and any system necessary thereto by appropriate electronic means for television program distribution, but the purposes are not meant to include the construction or operation of community antenna systems, commonly known and referred to as cable TV systems. Translator districts organized prior to January 1, 1977, may, in addition to other powers conferred by this chapter, receive and broadcast FM radio signals by appropriate electronic means.
[31-4102, added 1969, ch. 308, sec. 2, p. 944; am. 1977, ch. 245, sec. 1, p. 722.]
Any area of the state may organize as a translator district for the performance of functions provided for in this act.
[31-4103, added 1969, ch. 308, sec. 3, p. 944.]
A translator district may include a part or all of any county or may include areas in more than one (1) county and may include any municipality located within the county or counties.
[31-4104, added 1969, ch. 308, sec. 4, p. 944.]
A petition to form a district shall be presented to the county clerk and recorder of each of the counties in which any portion of the area is situated. Petitions shall be signed by a number of not less than sixty per cent (60%) of the resident real property owners within the proposed district. The petition shall state the objects of the district and designate the boundaries thereof by section, the approximate number of service units to be benefited thereby and shall contain a brief description of the proposed system including type of construction, location, approximate cost of the installation. The petition shall also state that the proposed district will be conducive to the public interest, convenience and necessity. It shall request that the area described within the petition be organized as a translator district.
[31-4105, added 1969, ch. 308, sec. 5, p. 944.]
The petition shall be filed with the county clerk and recorder of all counties in which the signers on the petition are located. If the petition is filed with more than one (1) county clerk and recorder each petition shall state the number of signing petitioners and the name of the county where the greater number of petitioners reside. Upon the filing of the petition or petitions the county clerk and recorder shall examine the petition and certify whether the required number of petitioners have signed the petition. In the event more than one (1) county is involved, the county or counties that have the fewer number of petitioners shall transmit the petition to the county clerk and recorder of the county containing the greater number of petitioners. The county clerk and recorder in the county containing the greater number of petitioners, shall, within thirty (30) days following the receipt of the petitions, transmit the petitions to the board of county commissioners of the county in which the greatest number of petitioners reside, together with his certificate, and the certificates of any other county clerk and recorder as to the sufficiency of the petition.
[31-4106, added 1969, ch. 308, sec. 6, p. 944.]
Upon receipt of a duly certified petition the board of county commissioners shall cause the text of the petition to be published once a week for at least three (3) consecutive weeks in a newspaper of general circulation within the county where the petition is presented. If any portion of the proposed district lies in another county the petition and notice shall likewise be published in that county. No more than five (5) names attached to the petition shall appear in the publication and notice but the number of signatures shall be stated. With the publication of the petition there shall be published a notice of the time of the meeting of the county commissioners when the petition will be considered stating that all persons interested may appear and be heard.
At the time of filing the petition the sponsors thereof shall cause to be deposited with the county clerk and recorder a sufficient sum of money to cover the cost of publication of all necessary notices. If the notices are not published the deposit shall be returned to whomsoever deposited the funds and if there is any surplus remaining after paying for the publication as herein provided it shall be returned to the original depositor or depositors and if a district is created the fees so expended are an obligation of the district and shall be repaid by the district to the depositors.
[31-4107, added 1969, ch. 308, sec. 7, p. 944.]
At the time set for hearing the petition or petitions the board of county commissioners shall hear all persons who desire to be heard relative to the creation of a translator district. The board of county commissioners may, if they so desire and it appears to be desirable, adjourn the meeting for not to exceed thirty (30) days in time to further hear the petitioners and protestants, if any. After the hearing or hearings the board of county commissioners shall adopt a resolution either creating the proposed translator district or denying the petition. When the board of county commissioners creates the translator district they shall adopt a resolution describing the proposed system and describing the boundaries of the district, including type of construction, location, type and approximate cost of the installation and finding that the district will be conducive to the public interest and convenience and thereby the district shall be created.
[31-4108, added 1969, ch. 308, sec. 8, p. 944.]
When the board of county commissioners passes the resolution creating the district they shall name the district "Translator District" and file a copy of the order creating the district, if only one (1) county is included therein, with the county clerk and recorder for which the county clerk and recorder shall receive a fee of three dollars ($3.00) and if portions of more than one (1) county are included in the district a copy of the order shall be filed in each county and with the secretary of state for which he shall receive a fee of five dollars ($5.00).
[31-4109, added 1969, ch. 308, sec. 9, p. 944.]
The board of county commissioners, on the creation of the district, and as part of the order creating the district, shall appoint a board of not less than five (5) nor more than nine (9) trustees to administer the affairs of the district. Each of the trustees shall be a resident real property owner from within the translator district. The trustees appointed at the time of the creation of the district shall be appointed for staggered terms of one (1), two (2), and three (3) years in the discretion of the board of county commissioners and if more than one (1) county is involved, at least one (1) of the trustees shall be appointed from each county or portion of county included within the district. The trustees appointed at the time of formation of the district shall hold office for the term of their respective appointment or until his successor is appointed and qualified; at the end of the respective terms of the trustee, the then board of county commissioners shall appoint a new trustee for a three (3) year term, and in the event of a vacancy by death, resignation, removal from the district or otherwise, a trustee shall be appointed by the board of county commissioners to fill the vacancy to the end of the term of the trustee causing the vacancy.
[31-4110, added 1969, ch. 308, sec. 10, p. 944.]
The board of trustees shall, from the list prepared by the county assessor or assessors, remove therefrom the names of any persons and their property who have claimed exemption under this act and shall prepare a budget for the expenses for the next year, the budget together with the list of real property owners within the district and the number of service units located on each parcel of real property subject to the special assessment after all exemptions have been allowed as provided in this act shall be presented by September first to the board or boards of county commissioners of the counties, in whole or in part within the district, who shall levy the assessment on service units found within their county as requested by the trustees; provided however, the assessment shall not exceed the sum of thirty dollars ($30.00) per annum per service unit and in the event there is more than one (1) service unit located upon the parcel of real property, for example, but not limited to, a motel, hotel, or apartment structure or complex, the second and all subsequent service units’ assessments shall be at the rate of twenty per cent (20%) of the assessment made for that year on the first service unit assessed. The board of county commissioners shall levy the assessment in accordance with the request herein mentioned and the assessment shall be certified and collected in the same manner provided by law for the collection of real property taxes.
[31-4112, added 1969, ch. 308, sec. 12, p. 944; am. 1994, ch. 279, sec. 1, p. 867.]
The board of trustees of the district shall appoint a treasurer, who may be bonded, to receive funds paid over by the county treasurer to the treasurer of the television translator district, who shall deposit the same in a bank and be handled in the manner prescribed by the state depository law and all other funds received by or on behalf of the district, shall be deposited by the treasurer to the credit of the district funds.
[31-4113, added 1969, ch. 308, sec. 13, p. 944; am. 1986, ch. 94, sec. 1, p. 273.]
A translator district organized under this act, acting through its board of trustees may:
a. Perform all the acts and take all the necessary or proper steps to assure that there will be a fair, efficient, and equitable distribution of television services within the area in order that all persons within the service area shall be supplied by means of an appropriate electrical or electronic system for television program distribution, but may not perform any acts or take any steps to construct or operate community antenna systems, commonly known and referred to as cable TV systems; the authorized system to provide such flexibility as to permit improvements in technical quality;
b. If necessary or proper in the furtherance of the objects of this act, acquire, build, construct, repair, own, maintain and operate any necessary stations transmitting simultaneous signals intended to be received by the general public, relay stations, pick-up stations, or any other electrical or electronic system necessary;
c. Make contracts to compensate any owner of land or other property for the use of such property for the purposes of this act;
d. Make contracts with the United States, or any state, municipality or any department or agency of those entities for carrying out the general purposes for which the district is formed;
e. Acquire by gift, devise, bequest, lease, purchase, or eminent domain real and personal property, tangible or intangible, including lands, rights of way and easements, necessary or convenient for its purposes;
f. To make contracts of any lawful nature (including labor contracts or those for employees’ benefits), employ engineers, laboratory personnel, attorneys, other technical or professional assistants, and any other assistants or employees necessary to carry out the provisions of this act;
g. Prescribe assessment rates for the providing of services throughout the area in accordance with the provisions of this act;
h. And, apply for, accept, and be the holder of any permit or license issued by or required under federal or state law.
[31-4114, added 1969, ch. 308, sec. 14, p. 944.]
Each translator district shall be liable for and shall pay to each county in which they are situated, the actual expense to the county in performing the duties required by its officers under the provisions of this act; in no event shall this amount exceed ten per cent (10%) of the amount of assessments collected in the county.
[31-4115, added 1969, ch. 308, sec. 15, p. 944.]
The board of trustees of the district shall serve without compensation but shall be reimbursed for reasonable expenses incurred in the operation of the translator district.
[31-4116, added 1969, ch. 308, sec. 16, p. 944.]
The real property owners of service units within the translator district who do not receive the signal of the translator station or who receive direct reception from the station from which the translator repeats a signal or receive service through the medium of a community antenna system on which they are subscribers in good standing, shall be exempt from the payment of the tax for the support of the translator district provided they file an affidavit setting forth any of the grounds above mentioned. The affidavit shall be filed with the board of trustees who shall upon the receipt of the affidavit have the names of the persons and their property, so exempted from the assessment, stricken from the list certified to the board of county commissioners and shall not be liable for the assessment. This exemption shall only be effective as long as the property owner filing the affidavit continues to meet the above stated grounds for exemption.
[31-4117, added 1969, ch. 308, sec. 17, p. 944.]
The board of trustees shall meet once a month at a regular time and place to transact the business of the district, the time and place to be fixed by the trustees and any change in the time and place of meetings shall be given by publication of notice in a newspaper most likely to give notice to the taxpayers within the district. All the meetings shall be open in their entirety to the public and all meetings shall be held at some place within the area of the television district.
[31-4118, added 1969, ch. 308, sec. 18, p. 944.]
Any person or persons who shall make a false or fraudulent claim for exemption as provided in this act shall be guilty of a misdemeanor.
[31-4119, added 1969, ch. 308, sec. 19, p. 944.]
If at any time a petition for abandonment of the translator district, signed by not less than sixty per cent (60%) of the resident owners of real property within the district, is filed with the board of trustees, the board of trustees shall forthwith notify the board or boards of county commissioners which created the district, and the board or boards of county commissioners shall by resolution immediately declare the district abandoned. All properties and moneys remaining after the satisfaction of all debts and obligation of the abandoned district shall be deposited to the credit of the general fund of the county; and if the abandoned district embraced areas in more than one (1) county, properties and moneys remaining after the satisfaction of all debts and obligation of the abandoned district shall be deposited to the credit of the general funds of the counties in proportion to the number of living units in each county which were served by the district.
[31-4120, added 1969, ch. 308, sec. 20, p. 944.]
The boundaries of a translator district created by authority of this act may be altered and outlying areas be annexed from territory contiguous to the district in the following manner:
(1) A petition shall be signed by resident real property owners within the proposed area, equal in number to not less than sixty percent (60%), within the area to be annexed;
(2) The petition shall designate the boundaries of the contiguous area to be annexed and ask that it be annexed to the existing translator district;
(3) The petition shall be transmitted to the clerk and recorder and the hearing and notice thereof shall be the same as provided by sections 31-4106 through 31-4108, Idaho Code;
(4) After the hearing, the board of county commissioners shall adopt a resolution either annexing the area to the existing television district or denying the petition.
[31-4121, added 1969, ch. 308, sec. 21, p. 944; am. 2020, ch. 82, sec. 34, p. 204.]
The provisions of sections 1 through 26 of this act may be referred to as the "County Housing Authorities and Cooperation Law."
[31-4201, added 1970, ch. 211, sec. 1, p. 584.]
It is hereby declared:
(a) That there exist in this state insanitary or unsafe dwelling accommodations and that persons of low income are forced to reside in such insanitary or unsafe accommodations; that within the state there is a shortage of safe or sanitary dwelling accommodations available at rents which persons of low income can afford and that such persons are forced to occupy overcrowded and congested dwelling accommodations; that the aforesaid conditions cause an increase in and spread of disease and crime, and constitute a menace to the health, safety, morals and welfare of the residents of the state and impair economic values; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities;
(b) That these areas in the state cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons of low income be relieved through the operation of private enterprise, and that the construction of housing projects for persons of low income (as herein defined) would therefore not be competitive with private enterprise;
(c) That the clearance, replanning and reconstruction of the areas in which insanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which public money may be spent and private property acquired and are governmental functions.
[31-4202, added 1970, ch. 211, sec. 2, p. 584.]
The following terms, wherever used or referred to in this chapter, shall have the following respective meanings, unless a different meaning clearly appears from the context:
(a) "Authority" or "housing authority" shall mean any of the public corporations created by section 31-4205, Idaho Code.
(b) "Housing project" shall mean any work or undertaking:
(1) To demolish, clear or remove buildings from any slum area; such work or undertaking may embrace the adoption of such area to public purposes, including parks or other recreational or community purposes; or
(2) To provide decent, safe and sanitary urban or rural dwellings, apartments or other living accommodations for persons of low income; such work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, roads, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, welfare or other purposes; or
(3) To accomplish a combination of the foregoing.
The term "housing project" also may be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith; to buildings, and the land, equipment, facilities and other real or personal property, which do not contain dwelling units or other living accommodations for persons of low income when such buildings are utilized for administrative, community, health, recreational, welfare or other purposes by or for low-income persons or senior citizens, and redevelopment projects carried out by an authority at the request of local government when such projects include dwelling units which are sold or rented to persons of low income.
(c) "Governing body" shall mean the council, board of commissioners, board of trustees or other body having charge of the fiscal affairs of the state public body.
(d) "Federal government" shall include the United States of America, the United States department of housing and urban development, or any other agency or instrumentality, corporate or otherwise, of the United States of America.
(e) "County" or "counties" shall include all counties in the state of Idaho as designated in chapter 1, title 31, Idaho Code.
(f) "Clerk" shall mean the county clerk or the officer charged with the duties customarily imposed on such clerk.
(g) "Area of operation" shall mean the entire county except within the corporate limits of cities in the county which have presently, or hereafter create, a housing authority under title 50, chapter 19, Idaho Code; provided however, that a county housing authority may continue to own and operate any housing project for which it has become financially obligated which is located in a city that subsequently creates a housing authority or is located in an area annexed by a city that has created or subsequently creates a housing authority.
(h) "Slum" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding, lack of ventilation, light or sanitary facilities or any combination of these factors, are detrimental to safety, health or morals.
(i) "Person of low income" shall mean persons or families who lack the amount of income which is necessary, as determined by the authority undertaking the housing project, to enable them, without financial assistance, to live in decent, safe and sanitary dwellings without overcrowding.
(j) "Bonds" shall mean any bonds, notes, interim certificates, debentures or other obligations issued by an authority pursuant to this chapter.
(k) "Real property" shall include all lands, including improvements and fixtures thereon, and property of any nature, appurtenant thereto, or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.
(l) "Obligee of the authority" or "obligee" shall include any bondholder, trustee or trustees for any bondholders, or lessors demising, to the authority, property used in connection with a housing project, or any assignee or assignees of such lessor’s interest or any part thereof, and the federal government when it is a party to any contract with the authority.
[31-4203, added 1970, ch. 211, sec. 3, p. 584; am. 2001, ch. 260, sec. 1, p. 936.]
A housing authority shall constitute an independent public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this act, including the following powers in addition to others herein granted:
(a) To sue and to be sued; to have a seal and to alter the same at pleasure; to have perpetual succession; to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority, including the power to contract with other housing authorities for services; and to make and from time to time amend and repeal bylaws, rules and regulations, not inconsistent with this chapter, to carry into effect the powers and purposes of the authority.
(b) Within the area of operation: to prepare, carry out, acquire, lease and operate housing projects; to provide for the construction, reconstruction, improvement, alteration or repair of any housing project or any part thereof.
(c) To arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works or facilities for, or in connection with, a housing project or the occupants thereof; and, notwithstanding anything to the contrary contained in this chapter or in any other provision of law, to include in any contract let in connection with a project, stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum wages and maximum hours of labor, and comply with any conditions which the federal government may have attached to its financial aid of the project.
(d) To lease or rent any dwellings, houses, accommodations, lands, buildings, structures or facilities embraced in any housing project and, subject to the limitations contained in this chapter, to establish and revise the rents or charges therefor; to own, hold and improve real or personal property; to purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise or otherwise, any real or personal property or any interest therein; to acquire, by the exercise of the power of eminent domain, any real property; to sell, lease, exchange, transfer, assign, pledge or dispose of any real or personal property or any interest therein; to insure or provide for the insurance of any real or personal property or operation of the authority against any risks or hazards; to procure or agree to the procurement of insurance or guarantees from the federal government of the payment of any bonds or parts thereof issued by an authority, including the power to pay premiums on any such insurance; to rent or sell and to agree to rent or sell dwellings forming part of the housing projects to or for persons of low income. Where an agreement or option is made to sell a dwelling to a person of low income, the authority may convey the dwelling to the person upon fulfillment of the agreement irrespective of whether the person is at the time of the conveyance a person of low income. Leases, options, agreements or conveyances may include such covenants as the authority deems appropriate to assure the achievement of the objectives of this chapter.
(e) To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in property or securities in which banks may legally invest funds, subject to the control of the housing authority; to purchase its own bonds at a price not more than the principal amount thereof and accrued interest, and all bonds so purchased shall be canceled.
(f) Within its area of operation: to investigate into living, dwelling and housing conditions and into the means and methods of improving such conditions; to determine where slum areas exist or where there is a shortage of adequate, safe and sanitary dwelling accommodations for persons of low income; to make studies and recommendations relating to the problem of clearing, replanning and reconstruction of slum areas and the problem of providing dwelling accommodations for persons of low income, and to cooperate with the city, the county, the state or any political subdivision thereof in action taken in connection with such problems; and to engage in research, studies and experimentation on the subject of housing.
(g) Acting through one (1) or more commissioners or other person or persons designated by the authority, to conduct examinations and investigations and to hear testimony and take proof, under oath, at public or private hearings on any matter material for its information; to administer oaths, issue subpoenas requiring attendance of witnesses or the production of books and papers, and to issue commissions for the examination of witnesses who are outside of the state or unable to attend before the authority, or excused from attendance; to make available, to appropriate agencies (including those charged with the duty of abating or requiring the correction of nuisances or like conditions, or of demolishing unsafe or insanitary structures within its area of operation), its findings and recommendations with regard to any building or property where conditions exist which are dangerous to the public health, morals, safety or welfare.
(h) To make, purchase, participate in, invest in, take assignments of, or otherwise acquire loans to persons of low income to enable them to acquire, construct, reconstruct, rehabilitate, improve, lease or refinance their dwellings, and to take such security therefor as is deemed necessary and prudent by the authority.
(i) To make, purchase, participate in, invest in, take assignments of, or otherwise acquire loans for the acquisition, construction, reconstruction, rehabilitation, improvement, leasing or refinancing of land, buildings or developments for housing for persons of low income. For purposes of this subsection, development shall include either land or buildings or both.
(j) Any housing project shall be subject to the requirement that the dwelling units made available to persons of low income, together with functionally related and subordinate facilities, shall occupy at least thirty percent (30%) of the interior space of any individual building other than a detached single-family or duplex residential building or mobile or manufactured home and shall occupy at least fifty percent (50%) of the total number of units in the development, whichever produces the greater number of units for persons of low income. For mobile or manufactured home parks, the mobile or manufactured home lots made available to persons of low income shall be at least fifty percent (50%) of the total number of mobile or manufactured home lots in the park.
(k) To exercise all or any part or combination of powers herein granted.
[31-4204, added 1970, ch. 211, sec. 4, p. 584; am. 1998, ch. 367, sec. 1, p. 1147; am. 2001, ch. 260, sec. 2, p. 937.]
In any county of the state of Idaho, there may be created an independent public body corporate and politic to be known as a housing authority, which shall not be an agency of the county; provided, however, that such authority shall not transact any business or exercise its powers hereunder until or unless the governing body of the county, by proper resolution, shall declare, at any time hereafter, that there is need for an authority to function in such county. The determination as to whether or not there is such need for an authority to function (a) may be made by the governing body on its own motion or (b) shall be made by the governing body upon the filing of a petition signed by twenty-five (25) residents of the county asserting that there is need for an authority to function in such county and requesting that the governing body so declare.
The governing body shall adopt a resolution declaring that there is need for a housing authority in the county if it shall find (a) that insanitary or unsafe inhabited dwelling accommodations exist in such county or (b) that there is a shortage of safe or sanitary dwelling accommodations in such county available to persons of low income or rentals they can afford. In determining whether dwelling accommodations are unsafe or insanitary, said governing body may take into consideration the degree of overcrowding, the percentage of land coverage, the light, air, space and access available to the inhabitants of such dwelling accommodations, the size and arrangement of the rooms, the sanitary facilities and the extent to which conditions exist in such building which endanger life or property by fire or other causes.
Nothing in this act shall prevent governing bodies from jointly creating by resolution an independent public body corporate and politic to carry out and effectuate the purposes and provisions of this act and to serve the best interests of their respective citizenry.
In any suit, action or proceeding, involving the validity of enforcement of or relating to any contract of the authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder upon proof of the adoption of resolution by the governing body declaring the need for the authority. Such resolution or resolutions shall be deemed sufficient if it declares that there is such need for an authority and finds in substantially the foregoing terms, no further detail being necessary, that either or both of the above enumerated conditions exist in the county. A copy of such resolution, duly certified by the clerk, shall be admissible in evidence in any suit, action or proceeding.
[31-4205, added 1970, ch. 211, sec. 5, p. 584; am. 1998, ch. 367, sec. 2, p. 1149.]
The authority shall terminate at such time as the governing body of the county, by proper resolution, shall declare that there is no longer a need for a housing authority to function within such county. The determination that there is no longer a need for such authority to function (a) may be made by the governing body on its own motion or (b) may be made by the governing body upon motion of the duly appointed and acting commissioners of the authority that they no longer have any need to function within said county.
The governing body of the county shall, however, before adopting a resolution terminating such authority, determine, by audit if necessary, the financial condition of said authority, and if there is any outstanding liability due and owing by said authority, the county shall provide the necessary funds for satisfaction thereof; if, however, funds are found, over and above such liabilities, the county shall provide for the satisfaction of said liabilities and the balance of the funds shall be accepted by the county and the authority shall be released from their responsibility therefor.
Any funds so received by such county, as a result of the termination of the authority, shall be dedicated to the extension, maintenance and promotion of the public parks system of said county for the benefit and welfare of the county.
[31-4206, added 1970, ch. 211, sec. 6, p. 584; am. 2015, ch. 244, sec. 16, p. 1016.]
For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of housing projects located within the area in which it is authorized to act, any state public body may, upon such terms, with or without consideration, as it may determine:
(a) Dedicate, sell, convey or lease any of its interest in any property, or grant easements, licenses or any other rights or privileges therein, to a housing authority or the federal government;
(b) Cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities or any other works which it is otherwise empowered to undertake to be furnished adjacent to or in connection with housing projects;
(c) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks or other places which it is otherwise empowered to undertake;
(d) Plan or replan, zone or rezone any part of such state public body;
(e) Cause services to be furnished to the housing authority of the character which such state public body is otherwise empowered to furnish;
(f) Enter into agreements with respect to the exercise by such state public body of its powers relating to the repair, elimination or closing or unsafe, insanitary or unfit dwellings;
(g) Do any and all things, necessary or convenient to aid and cooperate in the planning, undertaking, construction or operation of such housing projects;
(h) Incur the entire expense of any public improvements made by such state public body in exercising the powers granted in this act;
(i) Enter into agreements, which may extend over any period, notwithstanding any provision or rule of law to the contrary, with a housing authority respecting action to be taken by such state public body pursuant to any of the powers granted by this section;
(j) With respect to any housing project which a housing authority has acquired or taken over from the federal government and which the housing authority by resolution has found and declared to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation and other protection, no state public body shall require any changes to be made in the housing project or in the manner of its construction or take any other action relating to such construction.
[31-4207, added 1970, ch. 211, sec. 7, p. 584.]
The property of an authority is declared to be public property used for essential public purposes and such property and an authority shall be exempt from all taxes and special assessments of the city, the county, the state or any political subdivision thereof; provided, however, that in lieu of such taxes, an authority may agree to make payments to the county for improvements, services and facilities furnished by such county for the benefit of a housing project, or in lieu of such taxes, an authority may agree to make payments to a school district or school districts, which district or districts include within its boundaries all or a portion of the real property of an authority, for school services and facilities furnished by said school district or districts, for the benefit of the residents of a housing project.
[31-4208, added 1970, ch. 211, sec. 8, p. 584.]
Any county, in which a housing authority has been created, shall have the power, from time to time, to lend or donate money to such authority or to agree to take such action; provided, however, that when a housing authority has the money available therefor it shall make reimbursement for all such loans made to it.
[31-4209, added 1970, ch. 211, sec. 9, p. 584; am. 2001, ch. 260, sec. 3, p. 939.]
When a governing body of a county adopts a resolution as aforesaid, it shall appoint five (5) or seven (7) persons as commissioners of the authority created for said county. Commissioners of the authority shall serve terms of five (5) years. If the governing body of a county appoints five (5) persons as commissioners of the authority, the commissioners who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4), and five (5) years, except that all vacancies shall be filled for the unexpired term. If the governing body of a county appoints seven (7) persons as commissioners of the authority, the commissioners who are first appointed shall be designated to serve terms as follows: one (1) commissioner for a one (1) year term, two (2) commissioners for two (2) year terms, two (2) commissioners for three (3) year terms, one (1) commissioner for a four (4) year term and one (1) commissioner for a five (5) year term, except that all vacancies shall be filled for the unexpired term. Upon resolution by a governing body of a county, after an authority has been created with either five (5) or seven (7) commissioners, the number of commissioners may be increased from five (5) to seven (7) or reduced from seven (7) to five (5). No commissioner of any authority may be an officer or employee of the county for which the authority is created. A commissioner shall hold office until his successor has been appointed and qualified. A certificate of appointment or reappointment of any commissioner shall be filed with the clerk and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. The service of a housing assistance recipient appointed as a commissioner pursuant to 42 U.S.C. section 1437(b) shall be contingent upon his continued receipt of housing assistance. A commissioner shall receive no compensation for his services for the authority in any capacity, but he shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of his duties.
The powers of each authority shall be vested in the commissioners. A majority of the appointed commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of a majority of the commissioners present. The bylaws of the authority shall designate which of the commissioners appointed shall be the first chairman and such chairman shall serve in the capacity of chairman until the expiration of his term of office as commissioner. When the office of the chairman of the authority thereafter becomes vacant, the commissioners shall select a chairman from their number, a vice chairman, and may employ a secretary, an executive director who shall serve as an at-will employee of the commissioners, technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. For such legal services as it may require, an authority may call upon the prosecuting attorney of the county or may employ its own counsel and legal staff. An authority may delegate to one (1) or more of its agents or employees such powers or duties as it may deem proper.
[31-4210, added 1970, ch. 211, sec. 10, p. 584; am. 1998, ch. 367, sec. 3, p. 1149; am. 2001, ch. 257, sec. 1, p. 924.]
A commissioner of an authority may be removed by a majority of the county commissioners at any time, with or without cause. The county commissioners shall cause to be sent a notice of the removal to the commissioner removed, the authority and the clerk.
[31-4211, added 1970, ch. 211, sec. 11, p. 584; am. 1998, ch. 367, sec. 4, p. 1150.]
It is hereby declared to be the policy of this state that each housing authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with providing adequate, safe and sanitary accommodations, and no housing authority shall construct or operate any such project for profit or as a source of revenue to the county. An authority shall fix the rentals for dwellings in its projects at no higher rates than it shall find to be necessary in order to produce revenue which, together with all other available moneys, revenues, income and receipts of the authority from whatever sources derived, will be sufficient:
(a) to pay, as the same become due, the principal and interest on the bonds of the authority;
(b) to meet the cost of, and to provide for, maintaining and operating the projects, including the cost of any insurance, and the administrative expenses of the authority; and
(c) to create, during not less than the six (6) years immediately succeeding its issuance of any bonds, a reserve sufficient to meet the largest principal and interest payments which will be due on such bonds in any one (1) year thereafter and to maintain such reserve.
[31-4212, added 1970, ch. 211, sec. 12, p. 584.]
In the operation or management of housing projects, an authority shall at all times observe the following duties with respect to rentals and tenant selection:
(a) it may rent or lease the dwelling accommodations therein only to persons of low income and at rentals within the financial reach of such persons of low income;
(b) it may rent or lease dwelling accommodations consisting of the number of rooms, but no greater number, which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof without overcrowding.
Nothing contained in this or the preceding section shall be construed as limiting the power of authority to vest, in an obligee, the right, in the event of a default by the authority, to take possession, during the period of such default, of a housing project or cause the appointment of a receiver thereof, free from all restrictions imposed by this or the preceding section.
[31-4213, added 1970, ch. 211, sec. 13, p. 584.]
An authority shall have the right to acquire, by the exercise of the power of eminent domain, any real property which it may deem necessary for its purposes under this act after the adoption of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. An authority may exercise the power of eminent domain in the manner provided in chapter 7, title 7, Idaho Code, and acts amendatory thereof or supplementary thereto; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired in like manner, provided that no real property belonging to a city, the state or any political subdivision thereof may be acquired without its consent.
[31-4214, added 1970, ch. 211, sec. 14, p. 584.]
All housing projects of an authority shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality of any housing project and an authority shall take into consideration the relationship of the project to any larger plan or long-range program for the development of the area in which the housing authority functions.
[31-4215, added 1970, ch. 211, sec. 15, p. 584.]
An authority shall have power to issue bonds, from time to time, in its discretion, for any of its corporate purposes. An authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. In order to carry out the purposes of this chapter, an authority may issue, upon proper resolution, bonds on which the principal and interest are payable:
(a) Exclusively from the income and revenue of a housing project financed with the proceeds of such bonds; or
(b) Exclusively from such income and revenues together with grants and contributions from the federal government or other source in aid of such project; or
(c) From all or part of its revenues or assets generally.
Any such bonds may be additionally secured by a pledge of any income or revenues of the authority, or a mortgage of any housing project, projects or other property of the authority. Any pledge made by the authority shall be valid and binding from the time when the pledge is made and recorded; the revenues, moneys or property so pledged and thereafter received by the authority shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether the parties have notice thereof.
Neither the commissioners of any authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations of an authority shall state on their face that they shall not be a debt of the county, the state or any political subdivision thereof and neither the county, the state nor any political subdivision thereof shall be liable thereon, nor in any event shall such bonds or obligations be payable out of any funds other than those of said authority. Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from taxes.
[31-4216, added 1970, ch. 211, sec. 16, p. 584; am. 2001, ch. 260, sec. 4, p. 940.]
Bonds of an authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates as the authority shall approve, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium as such resolution, its trust indenture, or the bonds so issued, may provide.
The bonds may be sold at public or private sale at not less than par.
In case any of the commissioners or officers of the authority, whose signatures appear on any bonds or coupons, shall cease to be such commissioners or officers before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such commissioners or officers had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this act shall be fully negotiable.
In any suit, action or proceedings, involving the validity or enforceability of any bond of an authority or the security thereof, any such bond, reciting, in substance, that it has been issued by the authority to aid in financing a housing project to provide dwelling accommodations for persons of low income, shall be conclusively deemed to have been issued for a housing project of such character and said project shall be conclusively deemed to have been planned, located and constructed in accordance with purposes and provisions of this act.
[31-4217, added 1970, ch. 211, sec. 17, p. 584.]
In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of such bonds or obligations, an authority, in addition to its other powers, shall have power:
(a) To pledge all or any part of its gross or net rents, fees or revenues to which its right then exists or may thereafter come into existence.
(b) To mortgage all or any part of its real or personal property then owned or thereafter acquired.
(c) To covenant against pledging all or any part of its rents, fees and revenues, or against permitting or suffering any lien on such revenues or property; to covenant with respect to limitations on its right to sell, lease or otherwise dispose of any housing project or any part thereof; and to covenant as to what other, or additional debts or obligations may be incurred by it.
(d) To covenant as to the bonds to be issued and as to the issuance of such bonds in escrow or otherwise, and as to the use and disposition of the proceeds thereof; to provide for the replacement of lost, destroyed or mutilated bonds; to covenant against extending the time for the payment of its bonds or interest thereon; and to redeem the bonds, and to covenant for the redemption and to provide the terms and conditions thereof.
(e) To covenant, subject to the limitations contained in this act, as to the rents and fees to be charged in the operation of a housing project or projects, the amount to be raised each year or other period of time by rents, fees and other revenues, and as to the use and disposition to be made thereof; to create or to authorize the creation of special funds for moneys held for construction or operating costs, debt service, reserves or other purposes, and to covenant as to the use and disposition of the moneys held in such funds.
(f) To prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given.
(g) To covenant as to the use of any or all of its real or personal property; and to covenant as to the maintenance of its real and personal property, the replacement thereof, the insurance to be carried thereon and the use and disposition of insurance moneys.
(h) To covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition or obligation; and to covenant and prescribe as to default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity, and to the terms and conditions upon which such declaration and its consequences may be waived.
(i) To vest, in trustee or trustees or the holders of bonds or any proportion of them, the right to enforce the payment of the bonds or any covenants securing or relating to the bonds; to vest in a trustee or trustees the right, in the event of a default by said authority, to take possession of any housing project or part thereof, and, so long as said authority shall continue in default, to retain such possession and use, operate and manage said project, and to collect the rents and revenues arising therefrom and to dispose of such moneys in accordance with the agreement of the authority with said trustee, to provide for the powers and duties of a trustee or trustees and to limit the liabilities thereof; and to provide the terms and conditions upon which the trustee or trustees or the holders of bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds.
(j) To exercise all or any part or combination of the powers herein granted; to make covenants other than and in addition to the covenants herein expressly authorized, of like or different character; to make such covenants as will tend to make the bonds more marketable, notwithstanding that such covenants, acts or things may not be enumerated herein.
[31-4218, added 1970, ch. 211, sec. 18, p. 584; am. 2001, ch. 260, sec. 5, p. 940.]
An obligee of an authority shall have the right, in addition to all other rights, which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee:
(a) By mandamus, suit, action or proceedings at law or in equity to compel said authority and the commissioners, officers, agents or employees thereof to perform each and every term, provision and covenant contained in any contract of said authority, with or for the benefit of such obligee, and to require the carrying out of any or all such covenants and agreements of said authority and the fulfillment of all duties imposed upon said authority by this act.
(b) By suit, action or proceeding in equity, to enjoin any acts which may be unlawful, or the violation of any of the rights of such obligee of said authority.
[31-4220, added 1970, ch. 211, sec. 20, p. 584.]
(1) An authority shall file a copy of the minutes of all meetings with the clerk within ten (10) days after their approval by the authority.
(2) At least once a year, an authority shall file a report with the clerk of its activities for the preceding year, and shall make recommendations with reference to such additional legislation or other action as it deems necessary in order to carry out the purposes of this act.
(3) An authority shall file with the clerk a copy of the authority’s financial reports, any claims and causes of action against the authority, and the authority’s employee policy handbooks and any changes, modifications, or deletions to the handbooks.
[31-4221, added 1970, ch. 211, sec. 21, p. 584; am. 1998, ch. 367, sec. 5, p. 1151.]
All real property of an authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall any judgment against an authority be a charge or lien upon its real property; provided, however, that the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by an authority on its rents, fees or revenues.
[31-4222, added 1970, ch. 211, sec. 22, p. 584.]
In addition to the powers conferred upon an authority by other provisions of this act, an authority is empowered to borrow money or accept contributions, grants or other financial assistance from the federal government for or in aid of any housing project within its area of operation, to take over or lease or manage any housing project or undertaking constructed or owned by the federal government, and to these ends to [to] comply with such conditions and to make such trust indentures, leases or agreements as may be necessary, convenient or desirable. It is the purpose and intent of this act to authorize every authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the federal government in the undertaking construction, maintenance or operation of any housing project by such authority.
[31-4223, added 1970, ch. 211, sec. 23, p. 584.]
Nothing in this chapter or any other law shall be construed as authorizing a housing authority to levy or collect taxes or assessments, to create any indebtedness payable out of taxes or assessments, or in any manner to pledge the credit of the county, the state or any subdivision thereof.
[31-4224, added 1970, ch. 211, sec. 24, p. 584; am. 2001, ch. 260, sec. 6, p. 942.]
A housing authority shall have power, by its resolution, trust indenture, lease or contract, to confer upon any obligee holding or representing a specified amount in bonds or holding a lease the right, in addition to all rights that may otherwise be conferred, upon the happening of an event of default as defined in such resolution or instrument by suit, action or proceeding in any court of competent jurisdiction:
(a) To cause possession of any housing project or any part thereof to be surrendered to any such obligee, which possession may be retained by such bondholder or trustee so long as said authority shall continue in default;
(b) To obtain the appointment of a receiver of any housing project of said authority or any part thereof and of the rents and profits therefrom. If such receiver be appointed, he may enter and take possession of such housing project or any part thereof and, so long as said authority shall continue to be in default, operate and maintain the same and collect and receive all fees, rents, revenues or other charges thereafter arising therefrom, and shall keep such moneys in a separate account or accounts and apply the same in accordance with the obligations of said authority as the court shall direct.
(c) To require said authority and the commissioners thereof to account as if it and they were the trustees of an express trust.
[31-4225, added 1970, ch. 211, sec. 25, p. 584.]
Insofar as the provisions of this act are inconsistent with the provisions of any other law, the provisions of this act shall be controlling.
[31-4226, added 1970, ch. 211, sec. 27, p. 584.]
This act shall be known and may be cited as the "recreation district law."
[31-4301, added 1970, ch. 212, sec. 1, p. 599.]
Providing adequate recreation facilities for public use is hereby declared to be a public benefit, use and purpose which enhances the value and quality of life and which materially assists in correcting or eliminating many social ills such as delinquency, crime, excessive use of alcohol, drug abuse and discrimination.
[31-4302, added 1970, ch. 212, sec. 2, p. 599.]
Whenever used in this act the term:
(a) "county" refers to each county in which all or a portion of a proposed or existing recreation district is situated;
(b) "county commissioners" means the board of county commissioners of the county;
(c) "clerk" means the clerk of the board of county commissioners of the county;
(d) "district" means a proposed or existing recreation district organized under this act;
(e) "board" means the board of directors of a recreation district;
(f) "director" means a member of a board of directors of a recreation district;
(g) "qualified elector" means a person qualified to vote under the general election laws of the state.
[31-4303, added 1970, ch. 212, sec. 3, p. 599.]
A recreation district may be created as follows:
(a) Any person or persons may file a petition for the formation of a recreation district with the clerk. Such petition which may be in one (1) or more papers shall clearly designate the boundaries of the proposed district, shall state the name of the proposed district, shall state the maximum tax rate that would be imposed upon taxable property within the district or planned unit development recreation districts, and shall be signed by not less than twenty percent (20%) of the qualified electors resident within the boundaries of the proposed district. The boundaries of the proposed district shall include contiguous territory having market value for assessment purposes of not less than five million dollars ($5,000,000) at the last preceding county assessment and shall not include any area included within an already existing recreation district. The petition shall be accompanied by a map showing the boundaries of the proposed district.
(b) The clerk shall, within ten (10) days after the filing of such petition and map, estimate the cost of advertising and holding the election provided in this section and notify in writing the person or any one of the persons filing such petition as to the amount of such estimate. Such person or persons shall within twenty (20) days after receipt of such written notice deposit such estimated amount with the clerk in cash, or such petition shall be deemed withdrawn. If the deposit is made and the district is formed, the person or persons so depositing such sum shall be reimbursed from the first moneys collected by the district from the taxes authorized to be levied by this chapter.
(c) Within thirty (30) days after the filing of such petition together with such map and the making of such cash deposit, the county commissioners shall determine whether or not the same substantially comply 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 the effect specifying the particular deficiencies, dismissing such petition and refunding such cash deposit. If the county commissioners find that there has been substantial compliance with such requirements, the county commissioners shall forthwith enter an order to that effect and calling an election, subject to the provisions of section 34-106, Idaho Code, upon the formation of such proposed district as provided in this section.
(d) If the county commissioners order an election as provided in this section, such election shall be conducted in accordance with the general election laws of the state, including the provisions of chapter 14, title 34, Idaho Code. The county commissioners shall establish election precincts, design and print elector’s oaths, ballots and other necessary supplies, appoint election personnel and by rule and regulation provide for the conduct and tally of such election. Each qualified elector who is a resident of the proposed district shall be entitled to vote in such election. The clerk shall give notice of such election which notice shall clearly designate the boundaries of such proposed district, shall state the name of the proposed district as designated in the petition, shall state the date of such election and the hours on such date which the polls will be open for receipt of ballots, shall set forth the qualifications of electors, and shall state that a map showing the boundaries of such district is on file in the office of the clerk. Such notice shall be published for the first time, not less than twelve (12) days prior to the election, and the second publication shall be made not less than five (5) days prior to such election in a newspaper published within the county.
(e) Immediately after such election, the judges at such election shall forward the ballots and results of such election to the clerk. The county commissioners shall canvass the vote within ten (10) days after such election. If one-half (1/2) or more of the votes cast at such election are against the formation of such district, the county commissioners shall enter an order so finding and declaring that such district shall not be formed. If more than one-half (1/2) of the votes cast at such election are in favor of forming such district, the county commissioners shall enter an order so finding, declaring such district duly organized under the name designated in such petition, and dividing such district into three (3) subdivisions, as nearly equal in population as possible, to be known as director’s subdistricts one, two and three. 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 organization of such district shall be complete.
(f) Upon receipt of a certified copy of the order of the county commissioners, the board of county commissioners shall appoint a qualified elector from each director’s subdistrict who shall constitute the first board of such district. The appointees from director’s subdistricts one and two shall serve until the first district election thereafter held at which their successors shall be elected and the appointee from director’s subdistrict three shall serve until the second district election thereafter held at which such appointee’s successor shall be elected. The certificate of appointment shall be filed with the clerk with a copy forwarded to each appointee.
(g) When the boundaries of the proposed district lie in two (2) or more counties, the county commissioners of each county shall act separately in the election and organization of that part of the proposed district contained in their county but the county commissioners of each such county shall meet together before calling such election, subject to the provisions of section 34-106, Idaho Code, and provide for uniform proceedings in each county and fix the boundaries of each director’s subdistrict in case such election shall carry.
(h) After such election, the validity of the proceedings hereunder shall not be affected by any defect in the petition or in the number or qualification of the signers thereof, and in no event shall any action be commenced or maintained or defense made affecting the validity of the organization of such district after six (6) months have expired from the date of entering the order declaring the formation of such district.
[31-4304, added 1970, ch. 212, sec. 4, p. 599; am. 1980, ch. 350, sec. 10, p. 898; am. 1995, ch. 118, sec. 38, p. 460; am. 2001, ch. 375, sec. 1, p. 1313; am. 2017, ch. 128, sec. 5, p. 301.]
A recreation district may be created by a planned unit development created pursuant to section 67-6515, Idaho Code, applicable to the boundaries of the planned unit development as created by county permit pursuant to the following special terms and provisions:
(a) A "qualified elector" as defined in section 31-4303, Idaho Code, shall include a person owning real property in the proposed district.
(b) Upon receipt of a petition signed by sixty percent (60%) of the qualified electors in a planned unit development to form a recreation district, the board of county commissioners shall issue an order so finding a district has been formed as if an election had been held pursuant to section 31-4304, Idaho Code.
(c) The provisions of subsections (f) and (g) of section 31-4304, Idaho Code, shall apply to initial appointment of a board of directors for a district organized pursuant to this section. Additionally, the provisions of this chapter shall apply to the provisions of a district organized pursuant to this section.
[31-4304A, added 1995, ch. 353, sec. 1, p. 1194.]
Each district shall be governed by a board of three (3) directors who shall manage and conduct the business and affairs of such district and all powers granted to such district by this chapter shall be exercised by such board or its duly authorized officers and agents.
At any time after the creation of the district, the board of directors may, by resolution duly adopted, increase the size of the board from three (3) members to five (5) members. The resolution shall provide for the designation of five (5) director’s subdistricts. A qualified elector shall be appointed by the board to each of the newly created director’s positions, one (1) of whom shall serve until the first district election thereafter held, and one (1) of whom shall serve until the second district election thereafter held.
Every director appointed or elected shall be a qualified elector and a resident of such district. Not more than one (1) director shall reside in the same director’s subdistrict. Each director shall take and subscribe an oath of office before assuming any duties which oath shall be filed in the records of the board. Any vacancy occurring in the office of director, other than by expiration of the term of office, shall be filled by appointment by the board for the unexpired term. The directors shall receive no compensation for their services as a director but shall be entitled to reimbursement for the amount of their actual and necessary expenses incurred in the performance of their official duties. Following the term of the initial appointment, a director shall be elected for a term of four (4) years which shall begin on the first day of January of the year following such election and shall continue until a successor is elected and has qualified.
[31-4305, added 1970, ch. 212, sec. 5, p. 599; am. 1983, ch. 114, sec. 1, p. 245; am. 1995, ch. 118, sec. 39, p. 462.]
(1) An election of directors shall be held in each district on the Tuesday succeeding the first Monday of November of each odd-numbered year. Such election shall be held in conformity with title 34, Idaho Code. Before the notice of election is given, the board shall divide the district into subdivisions as nearly equal in population as possible to be designated as director’s subdistrict 1, 2 and 3, or director’s subdistrict 1, 2, 3, 4 and 5, depending on the number of subdistricts in the district. Each nominating petition shall state the subdistrict for which the nominee is nominated.
(2) In any election for directors if, after the expiration of the date for filing written nominations for the office of director, it appears that only one (1) qualified candidate has been nominated for each position to be filled and if no declaration of intent has been filed as provided in subsection (3) of this section, it shall not be necessary to hold an election, and the board of directors shall, no later than seven (7) days before the scheduled date of the election, declare such candidate elected as director, and the secretary of the recreation district board shall immediately make and deliver to such person a certificate of election.
(3) No write-in vote for recreation district director shall be counted unless a declaration of intent has been filed indicating that the person desires the office and is legally qualified to assume the duties of recreation district director if elected. The declaration of intent shall be filed with the recreation district board secretary during the time period provided in section 34-1407, Idaho Code.
[31-4306, added 1970, ch. 212, sec. 6, p. 599; am. 1971, ch. 32, sec. 1, p. 76; am. 1982, ch. 254, sec. 7, p. 651; am. 1983, ch. 114, sec. 2, p. 246; am. 1994, ch. 328, sec. 1, p. 1058; am. 2000, ch. 4, sec. 1, p. 5; am. 2009, ch. 341, sec. 19, p. 1004; am. 2014, ch. 162, sec. 1, p. 455; am. 2025, ch. 113, sec. 2, p. 601.]
Any person may vote at a district election who is a qualified elector as defined in section 34-104, Idaho Code, for a recreation district created pursuant to section 31-4304, Idaho Code, or as defined in section 31-4304A, Idaho Code, for a recreation district created pursuant to that section.
[31-4307, added 1970, ch. 212, sec. 7, p. 599; am. 1982, ch. 254, sec. 8, p. 652; am. 1995, ch. 118, sec. 40, p. 462; am. 1995, ch. 353, sec. 2, p. 1194.]
Immediately after their appointment and thereafter as required but at least after each director’s election the board shall meet, organize as a board, elect and appoint the officers of the board and designate the hour, day and place on which regular meetings of the board will be held which place shall be within the district. A special meeting may be called in writing by the president or any two (2) directors and notice thereof shall be given by serving a copy of such call upon each director not joining therein at least twenty-four (24) hours prior to such meeting if served personally or at least five (5) days prior to such meeting if served by mail to such director’s last known address. Such call and proof of service thereof shall be filed with the minutes of such special meeting. All meetings of the board shall be public. A majority of the board shall constitute a quorum. Minutes shall be kept of all meetings of the board. All records of the board shall be open to inspection by any qualified elector during business hours.
[31-4308, added 1970, ch. 212, sec. 8, p. 599.]
The officers of the board shall consist of a president, a vice president, a secretary and a treasurer. The president and vice president shall be elected by the board and each shall be a director. The secretary and treasurer shall be appointed by the board and may be a director or any other person. The offices of secretary and treasurer may be filled by the same person. All officers shall serve at the pleasure of the board. Each officer shall take, subscribe and file with the secretary an oath of office before assuming any duties. The board shall fix a compensation, if any, to be paid to each officer which compensation shall be paid out of the funds of the district.
[31-4309, added 1970, ch. 212, sec. 9, p. 599.]
The president shall be the executive officer of the district, shall preside at all board meetings, shall countersign all checks for expenditure of district funds when such expenditure has been legally authorized and shall perform all other duties which are provided in this act to be performed by the president or which are directed or authorized by the board. The vice president shall act in the absence of the president and shall perform all other duties which are directed or authorized by the board.
[31-4310, added 1970, ch. 212, sec. 10, p. 599.]
The secretary shall keep correct minutes of the proceedings of the board (including but not limited to showing all bills submitted, considered, allowed or rejected), shall have custody of the records of the district, except those in the custody of the treasurer, and shall perform all other duties which are provided in this act to be performed by the secretary or which are directed or authorized by the board.
[31-4311, added 1970, ch. 212, sec. 11, p. 599.]
The treasurer shall have custody of all funds belonging to the district, shall keep accurate accounts of all such district funds, shall keep all district funds in the banks or investments designated by the board, shall have custody of the financial records of the district, shall pay out district funds only upon legally authorized checks or warrants signed by the treasurer and countersigned by the president, shall perform all other duties which are provided in this act to be performed by the treasurer or which are directed or authorized by the board, and shall execute and file with the secretary an official bond in an amount to be fixed by the board but the costs of such bond shall be paid from district funds.
[31-4312, added 1970, ch. 212, sec. 12, p. 599.]
The fiscal year of each district shall commence on the first day of October of each year. The directors shall cause a full and complete audit of the financial statements of the district as required in section 67-450B, Idaho Code.
[31-4313, added 1970, ch. 212, sec. 13, p. 599; am. 1980, ch. 351, sec. 1, p. 911; am. 1993, ch. 387, sec. 5, p. 1421.]
Neither the board nor any officer shall have power to incur any debt or liability on behalf of the district, whether by issuance of bonds or otherwise, in excess of the express provisions of this act and any such debt or liability so incurred shall be void; except that for the purpose of organization or for any of the purposes of this act, the board may, before making the tax levy in the fiscal year of organization, incur debts not exceeding in the total a sum equal to one-tenth of one percent (0.1%) of market value for assessment purposes of the taxable property within the district or five-tenths of one percent (0.5%) of market value for assessment purposes of the taxable property within a district that is created pursuant to section 31-4304A, Idaho Code.
[31-4314, added 1970, ch. 212, sec. 14, p. 599; am. 1971, ch. 32, sec. 2, p. 76; am. 1990, ch. 394, sec. 1, p. 1105; am. 1995, ch. 353, sec. 3, p. 1195; am. 1996, ch. 322, sec. 15, p. 1042; am. 2015, ch. 9, sec. 1, p. 12.]
All claims against the district shall be presented to the board. Upon allowance of claims by the board, payment may be ordered by warrant, signed by the treasurer and countersigned by the president or by check signed by the treasurer and countersigned by the president. In the absence of sufficient funds for the payment of claims allowed, the board may, by resolution, order payment of claims by money borrowed by registered warrants as provided in section 31-2125, Idaho Code, or by money borrowed by issuing tax anticipation notes as provided by chapter 31, title 63, Idaho Code.
[31-4315, added 1970, ch. 212, sec. 15, p. 599; am. 1994, ch. 53, sec. 1, p. 92.]
Each district is organized for the uses and purposes of acquiring, providing, maintaining and operating public recreation centers, swimming facilities, pools, picnic areas, camping facilities, ball parks, handball courts, tennis courts, marine and snowmobile facilities, recreational pathways, ski areas, and golf courses and public transportation systems and facilities serving the district together with all related grounds, buildings, equipment and apparatus for the use of the residents of the district and the public generally.
[31-4316, added 1970, ch. 212, sec. 16, p. 599; am. 1971, ch. 178, sec. 1, p. 844; am. 1972, ch. 10, sec. 1, p. 15; am. 1972, ch. 188, sec. 1, p. 475; am. 1979, ch. 290, sec. 1, p. 769; am. 1991, ch. 178, sec. 1, p. 441; am. 1995, ch. 353, sec. 4, p. 1195.]
Each district is a body politic and corporate and as such shall, in the name of and for the uses and purposes of the district, have power:
(a) to adopt a seal which may be changed or altered at the pleasure of the board;
(b) to sue and be sued;
(c) to designate one (1) or more banks to be the official depository of the district funds as provided by law;
(d) to make and execute all contracts necessary or convenient;
(e) to acquire, hold, occupy, use, manage, possess, lease, exchange, sell and convey such property, both real and personal, as may be necessary or convenient;
(f) to accept gifts and donations of such property, both real or personal, as may be necessary or convenient;
(g) to construct or erect all buildings or structures which are necessary or convenient;
(h) to cooperate with and to contract with the state and federal governments or any bureau or agency thereof and with any county, city, school district, other recreation districts, other political subdivisions or municipal corporations to provide funds for district facilities or to provide joint facilities;
(i) to operate and provide all concessions necessary or convenient;
(j) to provide classes in water safety and swimming to the public;
(k) to hire and to dismiss all necessary agents, attorneys and other employees and to fix and pay their compensation and expenses out of the district funds;
(l) to require a bond for the faithful performance of their duties as such officers, agents or employees of the district and to pay the costs thereof from district funds;
(m) to fix and collect fees and charges for the use of the district’s facilities, and to reduce or waive the same as to any person not reasonably able to pay therefor;
(n) to make and enforce all rules and regulations for the operation and use of the district facilities;
(o) to invest any funds of the district not then required for district purposes in any securities of the state or the United States or in time certificates of deposit of authorized public depositories;
(p) to levy and apply such taxes for such purposes as are authorized by law;
(q) to exercise such other powers as may be conferred by law;
(r) may contract with the county, or highway district to maintain and improve public transportation systems within and providing access to the district. The district shall be entitled to all fees levied within the district each year on real and personal property for such purposes.
[31-4317, added 1970, ch. 212, sec. 17, p. 599; am. 1974, ch. 15, sec. 1, p. 302; am. 1995, ch. 353, sec. 5, p. 1195.]
(1) For districts created prior to July 1, 2001, the board is empowered to levy a tax for the uses and purposes of the district in an amount not exceeding six hundredths percent (.06%) of the market value for assessment purposes on all of the taxable property within the district or in an amount not exceeding in any one (1) year one percent (1%) of market value for assessment purposes of all of the taxable property within a district created pursuant to section 31-4304A, Idaho Code.
(2) For districts created on or after July 1, 2001, the board is empowered to levy a tax for the uses and purposes of the district in an amount not exceeding the rate contained in the petition creating the recreation district or planned unit development recreation district, or six hundredths percent (.06%) of the market value for assessment purposes on all of the taxable property within the district, or one percent (1%) of market value for assessment purposes of all of the taxable property within a district created pursuant to section 31-4304A, Idaho Code. If a district desires to impose a tax rate in excess of that contained in its petition, it may submit the question to the electors of the district at an election held subject to the provisions of section 34-106, Idaho Code. The notice for the election shall be in similar scope to that contained in section 31-4324, Idaho Code, and shall be conducted pursuant to section 31-4325, Idaho Code. If a majority of the electors voting at the election vote in favor of increasing the tax rate maximum, the new tax rate shall be in effect for the tax year following the election and for each succeeding tax year.
(3) The board shall by resolution fix the levy to be made for such district for such year and the secretary shall transmit a certified copy of such resolution to the county commissioners at the time and in the manner provided by section 63-804, Idaho Code. Such taxes shall be collected as provided by section 63-812, Idaho Code, and remitted to the treasurer of the district as provided by section 63-1202, Idaho Code.
[31-4318, added 1970, ch. 212, sec. 18, p. 599; am. 1995, ch. 82, sec. 8, p. 223; am. 1995, ch. 353, sec. 6, p. 1196; am. 1996, ch. 208, sec. 19, p. 676; am. 1996, ch. 322, sec. 16, p. 1043; am. 1997, ch. 117, sec. 2, p. 300; am. 2001, ch. 375, sec. 2, p. 1315.]
(1) The board is empowered to impose and provide for the collection of a uniform fee from the residents of the district to provide funds for the uses and purposes of the district which would otherwise be derived from the tax levy authorized in section 31-4318, Idaho Code. Any fee imposed pursuant to this section shall be in lieu of and not in addition to the tax levy provided for in section 31-4318, Idaho Code.
(2) The fee shall be certified and collected in the same manner as the tax provided for in section 31-4318, Idaho Code, would be certified and collected.
[31-4318A, added 1993, ch. 285, sec. 1, p. 973.]
After the organization of a district, additional territory adjoining the district and not included within an already existing recreation district, whether located in one (1) or several counties, may be annexed to and included within such district by the affirmative vote of a majority of the qualified electors of such additional territory voting on the question at an election held therefor, subject to the provisions of section 34-106, Idaho Code, but such additional territory shall not be annexed to and included within such district unless such annexation and inclusion are first approved by resolution of the board of such district prior to the elections on the question of annexation. The same procedure with such modifications in the form of petition, notices, ballots, etc., as may be necessary shall be adopted as provided in section 31-4304, Idaho Code, except that no change shall be made in director’s subdistricts until the next regular director’s election and no appointment of any director shall be made by the board of county commissioners.
[31-4319, added 1970, ch. 212, sec. 19, p. 599; am. 1995, ch. 118, sec. 41, p. 463; am. 2017, ch. 128, sec. 6, p. 302.]
A recreation district may be dissolved as follows:
(a) Any person or persons may file a petition for the dissolution of a recreation district with the clerk. Such petition, which may be in one (1) or more papers, shall state the name of the district and shall be signed by not less than twenty percent (20%) of the qualified electors resident within the boundaries of the district. Alternatively, if the number of qualified electors resident within the boundaries of the district has increased by more than two hundred percent (200%) since the creation of the recreation district, then a majority of the board of directors of the recreation district may file a petition for the dissolution of the recreation district with the clerk. Such petition shall state the name of the district but shall not require any signatures of the qualified electors resident within the boundaries of the district.
(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 timely enter an order to that effect and call an election, subject to the provisions of section 34-106, Idaho Code, on the dissolution of such district as provided in this section.
(c) If the county commissioners order an election as provided in this section, such election shall be conducted and notice thereof given in accordance with the provisions of section 31-4304, Idaho Code.
(d) Immediately after such election, the judges at such election shall forward the ballots and results of such election to the clerk. The county commissioners shall canvass the vote within ten (10) days after such election. If one-half (1/2) or more of the votes cast at such election are against the dissolution of such district, the county commissioners shall enter an order so finding and declaring that such district shall not be dissolved. If more than one-half (1/2) of the votes cast at such election are in favor of dissolving such district, the county commissioners shall enter an order so finding and declaring such district duly dissolved. 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 dissolution of such district shall be complete.
(e) Upon such dissolution being complete, title to all property of the dissolved district shall vest in the county where such property is situated. The county commissioners shall then: sell and dispose thereof in the manner provided by law for the sale or disposition of county property; apply the proceeds thereof to pay any lawful claims against the dissolved district, if any; and apply the balance remaining, if any, to any public recreation purposes within the county.
(f) When the boundaries of the district lie in two (2) or more counties, the county commissioners of each county shall act separately in the election and dissolution of that part of the district contained in their county but the county commissioners of each such county shall meet together before calling such election and provide for uniform proceedings in each county. If there is any balance remaining after sale and disposition of the property of such dissolved district, it shall be prorated among such counties in proportion to each county’s share of the total assessed valuation of such dissolved district for the preceding calendar year.
(g) 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 dissolution of such district after six (6) months has expired from the date of entering the order declaring the dissolution of such district.
[31-4320, added 1970, ch. 212, sec. 20, p. 599; am. 1995, ch. 118, sec. 42, p. 463; am. 2025, ch. 215, sec. 1, p. 1022.]
Whenever a recreation district, created pursuant to this chapter, has failed to exercise the powers of a district, owns no property, levies no tax, and has incurred no indebtedness, within three (3) years of the creation of the district, the district may be dissolved by order of the county commissioners. The question of dissolution pursuant to this section shall be considered by the board of county commissioners at the first meeting of the commissioners following the second Monday in September, when, for the third consecutive year, no certification of a tax levy has been received from the recreation district. In the event of dissolution, the county commissioners shall cause one (1) certified copy of the order of dissolution to be filed in the office of the county recorder of the county. Immediately upon the entry of such order, the dissolution of the district shall be complete.
[31-4320A, added 1989, ch. 293, sec. 1, p. 721.]
The provisions of this act shall be liberally construed and applied to promote its underlying purposes and policies.
[31-4321, added 1970, ch. 212, sec. 21, p. 599.]
To carry out the purposes of this chapter and to pay the necessary expenses of the district, the board is hereby authorized to issue negotiable coupon bonds of the district. Bonds shall be due and payable serially either annually or semiannually, 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 the rate of interest, 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 three per cent (3%) of the net 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. In other respects, said bonds shall be issued, sold and paid in accordance with the provisions of the Municipal Bond Law of the state of Idaho.
[I.C., sec. 31-4322, as added by 1971, ch. 71, sec. 1, p. 161.]
Whenever the board of a recreation district shall, by resolution, determine that the interest of said district and the public interest or necessity demand the acquisition, construction, installation, completion or maintenance of any purpose stated in section 31-4316, Idaho Code, equipment or apparatus to carry out the objects or purposes of said district requiring the creation of an indebtedness exceeding the income and revenue provided for the year, the board shall order the submission of the proposition of issuing such obligations or bonds or creating other indebtedness to the qualified electors, at an election held, subject to the provisions of section 34-106, Idaho Code, 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 resolutions shall also fix the date upon which such election shall be held, and the manner of holding the same, which shall be in accordance with the provisions of title 34, Idaho Code, and the method of voting for or against the incurring of the proposed indebtedness. The county commissioners, pursuant to section 34-302, Idaho Code, shall designate the polling place or places and the county clerk shall appoint for each polling place, from the qualified electors, the judges of such election, provided, however, that no district shall issue or have outstanding its coupon bonds in excess of two percent (2%) of market value for assessment purposes of the real estate and personal property within the said district or in excess of ten percent (10%) of market value for assessment purposes of real estate and personal property within a district created pursuant to section 31-4304A, Idaho Code, according to the assessment of the year preceding any such issuance of such evidence of indebtedness for any or all of the propositions specified in this election.
[I.C., sec. 31-4323, as added by 1971, ch. 71, sec. 2, p. 161; am. 1980, ch. 350, sec. 11, p. 900; am. 1995, ch. 118, sec. 43, p. 464; am. 1995, ch. 353, sec. 7, p. 1197; am. 2009, ch. 341, sec. 20, p. 1005.]
When such election is ordered to be held, subject to the provisions of section 34-106, Idaho Code, the board shall cause notices of the election to be published for the first time not less than twelve (12) days prior to the election and a second publication shall be made not less than five (5) days prior to the election, in accordance with the provisions of section 34-1406, Idaho Code. Said notices shall recite the action of the board in deciding to bond the district, the purpose thereof and the amount of the bonds supposed to be issued, the estimated costs 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, and shall also specify the date of the election and the time during which the polls shall be open. Notices shall also name the place holding the election.
[I.C., sec. 31-4324, as added by 1971, ch. 71, sec. 3, p. 161; am. 1995, ch. 118, sec. 44, p. 465.]
The county clerk shall conduct the election in a manner prescribed by law for the holding of general elections and shall take their returns to the secretary of the district at any regular or special meeting of the board held within five (5) days following the date of such election. The returns thereof shall be canvassed and the results thereof shall be declared.
[I.C., sec. 31-4325, as added by 1971, ch. 71, sec. 4, p. 161; am. 2009, ch. 341, sec. 21, p. 1005.]
In the event that it shall appear from said returns that a majority, in the amount which is now, or may hereafter be, set by the constitution of the state of Idaho for approval of indebtedness, of the qualified electors of the district voting at such election shall have voted in favor of such proposition or any proposition submitted hereunder at such election, the district shall thereupon be authorized to incur such indebtedness or obligations, enter into such contract or issue and sell bonds of the district, as the case may be, all for the purpose or purposes, and object or objects provided for in the propositions submitted hereunder and in the resolution therefor and in the amount so provided at a rate of interest not exceeding the rate of interest recited in such resolution. The 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 at any time.
[I.C., sec. 31-4326, as added by 1971, ch. 71, sec. 5, p. 161.]
After the issuance of any bonds authorized by section 31-4326, Idaho Code, the full faith and credit of the issuing district, and all taxable property within its limits, as constituted at the time of the issuance of such bonds, are, shall be, and must continue, pledged to the full and prompt payment of the principal and interest thereof. Should any tax for the payment of principal and interest on any bonds issued under the provisions of this act at any time not be levied or collected in time to meet such payments, such payments shall be made out of other funds of such district. The governing board of such district shall levy and cause to be levied annually at the time when and in the manner in which other general taxes of such district are levied, upon all the taxable property within its limits, in addition to all other authorized taxes and assessments, a tax or assessment sufficient to meet the payments of principal of and interest on said bonds as the same mature, and to constitute a sinking fund for the payment of the principal amount of said bonds and the interest thereon within no more than twenty (20) years from the time of contracting the indebtedness evidenced thereby all in accordance with the provisions made for the payment of the principal of and interest on such bonds as theretofore provided by ordinance or by resolution and as required by the constitution and laws of the state of Idaho; and such taxes shall be levied, assessed, certified, extended, and collected by the proper officers and at the times, all as fixed by law and as other taxes are levied, assessed, certified, extended and collected in, for and by the district and by the same officers thereof until the principal and interest of all such bonds and interest thereon shall be fully paid. All of such taxes when collected shall be credited by the proper receiving officers to separate funds distinct from the funds for the payment of the principal of or the interest on bonds of any other series or issue, and apart from any other funds of the district. The requirements of this section shall apply to all bonds hereafter issued by recreation districts pursuant to said section 31-4326, Idaho Code, including any such bonds heretofore voted but not yet issued.
[I.C., sec. 31-4326A, as added by 1973, ch. 77, sec. 1, p. 122.]
The board of any recreation district may create and establish a recreation facilities reserve fund by resolution adopted at any regular or special meeting of the board. Moneys shall be credited to said fund which accrue from taxes levied under section 31-4318, Idaho Code, as provided in section 31-4328, Idaho Code, together with interest accruing from the investment of any moneys in the fund.
[I.C., sec. 31-4327, as added by 1971, ch. 71, sec. 6, p. 161.]
In any recreation district in which a recreation facilities reserve fund has been created, the board may submit to the qualified electors of the district, the question of applying the levy of six hundredths percent (.06%) of the market value for assessment purposes on all taxable property in a district or ten (10) mills in a district created pursuant to section 31-4304A, Idaho Code, authorized in section 31-4318, Idaho Code, or a portion thereof, to the credit of the recreation facilities reserve fund.
The notice of such election shall state the number of mills proposed to be levied, the period of years in each of which the levy is proposed to be made, and the purposes for which such funds shall be used. Said notice shall be given, the election shall be conducted and the returns canvassed as provided in sections 31-4323 through 31-4326, Idaho Code, and the levy shall be approved only if a majority, in the amount which is now, or may hereafter be, set by the constitution of the state of Idaho for approval of indebtedness, if the qualified voters vote in favor.
If the question be approved, the board may make a levy in each year according to the terms so approved, and may again submit the question at the expiration of the period of such levy, for the number of mills and the number of years which the board may at that time determine, or, during the period approved at any such election, if such period be less than ten (10) years or the number of mills be less than three (3), the board may submit to the qualified electors in the same manner as before, the question whether the number of years, or the number of mills, or both, be increased, but not to exceed the maximum herein authorized. If such increase or increases be approved by the electors, the terms of such levy shall be in lieu of those approved in the first instance, but disapproval shall not affect any terms theretofore in effect.
[I.C., sec. 31-4328, as added by 1971, ch. 71, sec. 7, p. 161; am. 1995, ch. 82, sec. 9, p. 223; am. 1995, ch. 353, sec. 8, p. 1197.]
A board shall adopt a budget and cause a public hearing to be held upon such budget prior to certifying a tax levy to a board of county commissioners.
[I.C., sec. 31-4329, as added by 1973, ch. 83, sec. 1, p. 132.]
Notice of the budget hearing meeting shall be posted at least ten (10) full days prior to the date of said meeting in at least one (1) conspicuous place in each recreation district to be determined by the board, a copy of such notice shall also be published in a daily or weekly newspaper published within such recreation district, in one (1) issue thereof, during such ten (10) day period. The place, hour and day of such hearing shall be specified in said notice, as well as the place where such budget may be examined prior to such hearing. A full and complete copy of such proposed budget shall be published with and as a part of the publication of such notice of hearing.
[I.C., sec. 31-4330, as added by 1973, ch. 83, sec. 2, p. 132.]
Such budget shall be available for public inspection from and after the date of the posting of notices of hearing as in this act provided, at such place and during such business hours as the board may direct.
[I.C., sec. 31-4331, as added by 1973, ch. 83, sec. 3, p. 132.]
A quorum of the board of the recreation district shall attend such hearing and explain the proposed budget and hear any and all objections thereto.
[I.C., sec. 31-4332, as added by 1973, ch. 83, sec. 4, p. 132.]
That all recreation districts heretofore organized or purported to be organized pursuant to the provisions of chapter 43, title 31, Idaho Code, known as the "recreation district law," the legal descriptions of the boundaries thereof and of the boundaries of the subdistricts therein, and all elections held or purported to have been held in such recreation districts prior to the effective date, of this act, and all notices given and proceedings and actions taken in connection therewith are hereby confirmed, ratified and validated; and no contest shall be maintained concerning the organization of such districts, the boundaries thereof and of the subdistricts therein, such elections or such notices, proceedings and actions.
[31-4333, added 1973, ch. 77, sec. 2, p. 122.]
It is hereby declared to be the public policy of the state of Idaho that solid waste disposal systems be established, maintained and operated in each of the several counties of the state for the purpose of reducing the threat to health posed by uncollected garbage, refuse and scrap; for the purpose of maintaining the natural and esthetic setting of our land, water and air resources; for the purpose of providing a means for reclamation of otherwise unusable land areas; and for the purposes of such other cultural, social, economic and sanitation reasons as may be necessary from time to time.
[31-4401, added 1970, ch. 104, sec. 1, p. 259; am. 1971, ch. 61, sec. 1, p. 137; am. 1987, ch. 213, sec. 1, p. 454.]
In this chapter:
(1) "Major solid waste generator" means any person who generates two per cent (2%) or more of the total solid waste originating in any county.
(2) "Person" means any natural person, firm, corporation, or other entity, but does not include a municipality, a state agency or a state educational institution.
(3) "Significant effect" means any change in the amount of solid waste to be sent to any waste disposal site which exceeds either five per cent (5%) of the total monthly amount of waste disposal at any particular solid waste disposal site during the most recent calendar year, or five per cent (5%) of the projected processing capacity of any new solid waste disposal site.
(4) "State agency" means each state board, commission, department or officer authorized by law to make rules or to determine contested cases.
(5) "State educational institution" means a public educational facility or institution regulated by the state board of education or the board of regents of the university of Idaho.
(6) "System" means lands, sites, facilities, equipment and manpower necessary for collection, transportation, storage, treatment, processing, reuse, recycling or other means necessary for the disposal of solid waste.
(7) "Waste processing facility" means any waste disposal site or any public work at which solid waste is compacted, incinerated, or otherwise treated prior to disposal. It shall not include the placement of portable collection facilities or similar equipment used solely to facilitate collection of solid waste.
[31-4401A, added 1987, ch. 213, sec. 2, p. 455.]
The board of county commissioners in each of the several counties is hereby authorized to acquire, establish, maintain and operate such solid waste disposal systems as are necessary and to provide reasonable and convenient access to such disposal systems by all the citizens of the county. For the purpose of establishing systems for solid waste disposal, the board of county commissioners may purchase, lease, condemn or receive as gifts such areas as are suitable, or the board may exchange land with any other unit or units of government under such terms as are mutually advantageous. In order that a county may acquire sites or systems as expeditiously and advantageously as possible, a county may use funds from current revenues, may use funds made available through the issuance of bonds, or may use funds made available from county building construction funds, and the provisions of chapter 10, title 31, Idaho Code, are hereby made applicable for the acquisition of solid waste disposal systems and a solid waste disposal system is declared to be a public building within the definition of chapter 10, title 31, Idaho Code, except that notwithstanding any other provisions of law, no board of county commissioners or other public authority shall be required to contract out the establishment, acquisition, operation or maintenance of a solid waste disposal system, but if it should elect to do so, it may waive the giving of a bond or other security in connection with such contract upon such terms and conditions as it deems appropriate, and provided further that any county may itself, without contracting out to any other party, establish, acquire, operate and maintain a solid waste disposal system.
[31-4402, added 1970, ch. 104, sec. 2, p. 259; am. 1971, ch. 61, sec. 2, p. 137; am. 1979, ch. 109, sec. 1, p. 346.]
(1) It shall be the duty of the board of county commissioners in each of the several counties to acquire sites or facilities, and maintain and operate solid waste disposal systems. Such maintenance and operation may, by exclusive or nonexclusive means, be performed through or by:
(a) Employees, facilities, equipment, and supplies hired by or acquired by the board of county commissioners;
(b) Contracts, franchises, or otherwise entered into by the board to have the maintenance and operation performed by private persons;
(c) Contracts entered into by the board to have the maintenance and operation performed by another unit of government;
(d) Contracts, franchises, or otherwise granted pursuant to law by the board, for all or any part or parts of the county; or
(e) Any combination of paragraphs (a), (b), (c), and (d) of this subsection.
(2) Notwithstanding any other provision of law to the contrary, in order to provide for the public health, safety, and well-being, the board of county commissioners or another unit of state government may determine whether solid waste disposal systems services are to be provided by means of a contract, franchise, or otherwise, pursuant to subsection (1)(b) of this section, or any contract, franchise, or otherwise awarded pursuant to subsection (1)(d) of this section, with or without compulsory competitive bidding.
(3) Notwithstanding any county contract or franchise for solid waste collection to the contrary, any person may contract with a solid waste collection provider of the person’s choosing for the use of solid waste collection containers that are temporary and project-specific, as defined by county ordinance.
(4) The board of county commissioners, before entering into such contracts, franchises, or otherwise, may require such security for the performance thereof as it deems appropriate or may waive such undertaking.
[31-4403, added 1970, ch. 104, sec. 3, p. 259; am. 1971, ch. 61, sec. 3, p. 137; am. 1979, ch. 109, sec. 2, p. 346; am. 1986, ch. 19, sec. 2, p. 60; am. 2004, ch. 144, sec. 1, p. 474; am. 2026, ch. 75, sec. 1, p. 318.]
For the purpose of providing funds to acquire sites, facilities, operate and/or maintain solid waste disposal systems, a board of county commissioners may in addition to the authority granted in sections 31-4402 and 31-4403, Idaho Code:
(1) Levy a tax of not to exceed four hundredths percent (.04%) of the market value for assessment purposes on all taxable property within the county, provided that property located within the corporate limits of any city that is operating and maintaining a solid waste disposal site shall not be levied against for the purposes of the county solid waste disposal system; or,
(2) Collect fees from the users of the solid waste disposal facilities; or,
(3) Finance the solid waste disposal facilities from current revenues; or,
(4) Receive and expend moneys from any other source;
(5) Establish solid waste collection systems where necessary or desirable and provide a method for collection of service fees, among which shall be certification of a special assessment on the property served;
(6) Use any combination of subsections (1), (2), (3), (4), and (5) of this section.
[31-4404, added 1970, ch. 104, sec. 4, p. 259; am. 1971, ch. 61, sec. 4, p. 137; am. 1995, ch. 82, sec. 10, p. 224.]
All solid waste disposal systems shall be located, maintained and operated according to rules and regulations promulgated and adopted by the state board of environmental quality. Every person who violates any of the provisions of this act, or of any order, rule or regulation of the state board of environmental quality issued pursuant thereto, where a copy of the order, rule or regulation has been served upon said person by certified mail, and said person fails to comply therewith within the time provided in the order, rule or regulation, or within ten (10) days of such service if not otherwise provided, shall be guilty of a misdemeanor. In the event of a continuing violation, each day that the violation continues constitutes a separate and distinct offense. In addition to the criminal penalties provided by this act, whenever it appears to the state board of environmental quality that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this act or of any rule or regulation promulgated and adopted under the provisions of this act, the board may bring an action in any court of competent jurisdiction to enjoin any such acts or practices and to enforce compliance with this act or any rule or regulation hereunder. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this act or any rule or regulation hereunder, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted. The board of environmental quality shall not be required to furnish bond.
[31-4405, added 1970, ch. 104, sec. 5, p. 259; am. 1971, ch. 61, sec. 5, p. 137; am. 1974, ch. 23, sec. 9, p. 633; am. 2001, ch. 103, sec. 10, p. 263.]
The board of county commissioners shall by ordinance provide for the necessary rules and regulations for the operation and maintenance of solid waste disposal systems. In addition to the criminal penalties provided for violation of a county ordinance, whenever it appears to the board of county commissioners that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this act or of a county ordinance enacted pursuant to this act, the board may bring an action in any court of competent jurisdiction to enjoin any such acts or practices and to enforce compliance with this act or any ordinance hereunder. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this act or ordinance hereunder, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted. The board of county commissioners shall not be required to furnish bond.
[31-4406, added 1970, ch. 104, sec. 6, p. 259; am. 1971, ch. 61, sec. 6, p. 137.]
Solid waste disposal facilities now in existence or hereafter established and maintained and/or operated by any city shall conform in the same manner as county solid waste disposal facilities as provided in section 31-4405, Idaho Code.
[31-4407, added 1970, ch. 104, sec. 7, p. 259; am. 1971, ch. 61, sec. 7, p. 137.]
(1) Major solid waste generators and municipalities operating solid waste collection or disposal systems pursuant to the authority conferred by law or desiring to initiate or abandon such systems shall conform to the procedures and standards set forth in this section before taking any action which would significantly affect the amount or distribution of solid waste within any county. The board of county commissioners of any county may waive operation of the procedure called for in this section by passage of a resolution indicating their intent to do so.
(2) Whenever a county shall propose the establishment of a new solid waste processing facility within the boundaries of the county or in conjunction with adjoining counties, it shall give notice to all municipalities within its boundaries that it intends to establish a processing facility. In conjunction with the notice, the county shall provide a copy of a feasibility study prepared by a licensed professional engineer concerning the proposed processing facility which shall address the estimated capital cost of the facility, estimated costs of operation of the facility, and the estimated life span of the facility. The notice shall be provided to potentially affected municipalities at least one hundred eighty (180) days prior to the scheduled initiation of construction of any solid waste processing facility.
(3) Within ninety (90) days of receipt of the notice, each affected municipality shall respond to the notice provided by the county, indicating in its response the intention of the municipality to participate in the use of the proposed facility or to develop or continue operation of an independent solid waste processing facility of its own for the projected duration of the proposed county project.
(4) Pursuant to the responses received from affected municipalities, the county proposing development of the solid waste processing facility may tender contracts to participating municipalities assuring the availability of waste disposal capacity at the proposed facility for any duration promised by contract and securing commitments from the municipalities to participate in use of the facility for the duration of its projected life. The contracts shall not constitute guarantees of costs or duration of serviceability of the proposed facility. The contracts may provide for annual adjustments to reflect changes in the relative contribution rates of municipalities to the waste stream feeding the disposal facility. No capital contribution obligation shall extend beyond fifteen (15) years. Additional contracts for capital participation may be proposed and entered into after the expiration of the initial agreement.
(5) Any municipality which indicates its intent not to participate in a proposed facility shall be barred from later participation without the consent of the board of county commissioners and without payment of a capital contribution adequate to finance the cost of additional capacity adequate to accommodate the waste stream generated within the municipality. The amount and method of payment of the capital contribution shall be established by the board of county commissioners.
(6) Any municipality which elects to participate in a given solid waste processing facility, but later elects to withdraw from said project, may do so, but shall remain obligated for any capital costs incurred in its behalf, but may receive partial credit for operational economies created by its withdrawal. The burden of proof of the extent of operational economies shall rest upon the withdrawing municipality.
(7) Major solid waste generators located outside participating municipalities shall be treated in the same manner as municipalities concerning commitments to waste facility capacity. Boards of county commissioners are authorized to enter into contracts with major solid waste generators for the expected duration of operation of any solid waste processing facility.
[31-4407A, added 1987, ch. 213, sec. 3, p. 455.]
Solid waste disposal systems now in existence or hereafter established and maintained and/or operated by other than a city shall come under the jurisdiction of the board of county commissioners, and shall be maintained and/or operated only as provided in this act. Every owner of land who disposes of solid waste on his own land shall obtain a written permit from the board of county commissioners for such disposal.
[31-4408, added 1970, ch. 104, sec. 8, p. 259; am. 1971, ch. 61, sec. 8, p. 137.]
Any maintenance and/or operation of a solid waste disposal system required by this act may be done jointly with any other county or counties.
[31-4409, added 1970, ch. 104, sec. 9, p. 259; am. 1971, ch. 61, sec. 9, p. 137.]
It shall be a misdemeanor, except at solid waste disposal systems located, maintained and operated as provided by this act, for any person to throw away, dump or discard any type or nature of solid waste on any public lands, rights of way of any kind, or private land of another. In addition to the criminal penalties for violation of this section, civil damages in an amount of three (3) times the actual damage shall be imposed upon the person so convicted to be used to restore the lands to their original state. Such civil actions shall be brought in and for the county in which the violation occurred, and any remainder of damages collected after restoration shall be used for maintenance and operation of solid waste disposal systems.
[31-4410, added 1970, ch. 104, sec. 10, p. 259; am. 1971, ch. 61, sec. 10, p. 137.]
Any contract for the acquisition, establishment, operation or maintenance of a solid waste disposal system, heretofore entered into by any public agency, and all acts and proceedings heretofore taken by the county commissioners or other contracting authority of any public agency in connection therewith, are hereby validated, ratified and declared to be binding and effective in accordance with their terms, notwithstanding any failure of such contract, or said board of county commissioners or other contracting authority to comply with the terms of this act, chapter 10, title 31, or chapter 19, title 54, Idaho Code.
[31-4411, added 1979, ch. 109, sec. 3, p. 347.]
This act may be referred to and cited as the "Idaho Pollution Control Financing Act."
[31-4501, added 1975, ch. 52, sec. 1, p. 105.]
(a) The legislature of the state of Idaho hereby finds:
(i) that environmental damage seriously endangers the public health and welfare;
(ii) that such environmental damage results from air, water, and other resource pollution and from public water supply, solid waste disposal, noise and other environmental problems;
(iii) that to reduce, control and prevent such pollution and problems, quality standards have been established necessitating the employment of antipollution devices, equipment and facilities, and stringent time schedules have been and will be imposed for compliance with such standards;
(iv) that it is desirable to provide methods of financing the costs of acquiring, constructing, installing and equipping facilities designed for environmental pollution control, including the acquisition of all technological facilities and equipment necessary or convenient for pollution control; and
(v) that the method of financing provided in this act is therefore in the public interest and serves a public purpose in protecting and promoting the health and welfare of the citizens of this state by reducing, controlling and preventing environmental damage.
(b) It is the purpose of this act, as more specifically described in later sections, to authorize counties to acquire, construct, install, equip, own, finance and lease environmental pollution control facilities, including the acquisition of all technological facilities and equipment necessary or convenient for pollution control, to be financed for, or to be sold, leased or otherwise disposed of to persons, associations or corporations other than municipal corporations or other political subdivisions, to the end that the counties may be able to promote the health and welfare of the people of this state; it is not intended by this act that any county shall itself be authorized to operate any industrial or commercial enterprise or any such environmental pollution control facilities.
(c) This act shall be liberally construed to accomplish the intentions expressed herein.
[31-4502, added 1975, ch. 52, sec. 2, p. 105.]
In this act, unless the context otherwise clearly requires, the terms used herein shall have the meanings ascribed to them as follows:
(a) "Board" means the board of county commissioners of any county.
(b) "County" means any county of the state of Idaho.
(c) "Person" means any individual, partnership, copartnership, firm, company, corporation (including public utilities), association, joint stock company, trust, estate, or any other legal entity, or their legal representatives, agents or assigns, other than municipal corporations or other political subdivisions.
(d) "Pollution" means any form of environmental pollution including, but not limited to, water pollution, air pollution, land pollution, solid waste pollution, thermal pollution, radiation contamination, or noise pollution as determined by the various standards prescribed by this state or the federal government.
(e) "Pollution control facility" or "facilities" means all technological facilities and equipment necessary or convenient for pollution control, including any land, interest in land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment or any combination thereof, and all real and personal property deemed necessary therewith, having to do with or the end purpose of which is, reducing, controlling or preventing pollution.
(f) "Project costs" as applied to pollution control facilities financed under the provisions of this act means and includes all or any part of the sum total of all reasonable or necessary costs incidental to the acquisition, construction, installation and equipping of such pollution control facilities including without limitation the cost of studies and surveys; plans, specifications, architectural and engineering services; legal, organizations, marketing or other special services; financing, acquisition, demolition, construction, equipment and site development of new and rehabilitated buildings; rehabilitation, reconstruction, repair or remodeling of existing buildings and all other necessary and incidental expenses including an initial bond and interest reserve together with interest on revenue bonds issued to finance such pollution control facilities to a date six (6) months subsequent to the estimated date of completion.
(g) "Finance" or "financing" means the issuing of revenue bonds pursuant to authority herein contained by a county for the purpose of using substantially all of the proceeds to pay all or any part of project costs or to reimburse any person for all or any part of project costs; provided, that title to or in any pollution control facility so financed may at all times remain in a person other than the county, and in such case the revenue bonds of the county shall be secured by a pledge of one (1) or more notes, debentures, bonds or other obligations of such person.
[31-4503, added 1975, ch. 52, sec. 3, p. 105.]
Each county shall have the following powers together with all powers incidental thereto or necessary for the performance thereof:
(a) To determine the location of any pollution control facility, whether upon real estate owned by the county or by any person, and the manner of construction of any pollution control facility to be financed under the provisions of this act, and to acquire, construct, install, equip, own, finance, lease and dispose of the same, to enter into contracts for any and all of such purposes, to designate a person as its agent to determine the location and manner of construction of a pollution control facility undertaken by such person under the provisions of this act and as agent of the county, to acquire, construct, install, equip, own, lease and dispose of the same and to enter into contracts for any and all of such purposes;
(b) To lease or sell to a person any or all of the pollution control facilities upon such terms and conditions as the board shall deem proper, and to charge and collect rent or other payments therefor and to terminate any such lease or sales agreement upon the failure of the lessee or other contracting party to comply with any of the obligations thereof; and to include in any such lease, if desired, provisions that the lessee thereof shall have options to renew the term of the lease for such period or periods and at such rent as shall be determined by the board and/or to purchase any or all of the pollution control facilities for a nominal amount or otherwise or that at or prior to the payment of all of the revenue bonds issued by the county for the financing of such pollution control facilities the county may convey any or all of the pollution control facilities to the lessee or lessees thereof with or without consideration;
(c) To issue revenue bonds and to refund the same, all as provided for in this act;
(d) Generally to fix and revise from time to time and charge and collect rates, rents, fees and charges for the use of and services furnished or to be furnished by any pollution control facility or any portion thereof and to contract with any person, firm or corporation or other body public or private in respect thereof;
(e) To employ consulting engineers, architects, attorneys, accountants, construction and financial experts, superintendents, manager and such other employees and agents as may be necessary in its judgment and to fix their compensation;
(f) To refund outstanding obligations incurred by any person to finance the cost of a pollution control facility including obligations incurred for pollution control facilities undertaken and completed prior to or after the enactment of this act when the authority finds that such financing is in the public interest;
(g) To receive and to pledge as security for the payment of any bonds issued hereunder, any lease, purchase agreement, note, debenture, bond or other obligation by or on behalf of any person;
(h) To make loans to any person for the purpose of paying or reimbursing project costs in accordance with an agreement between the county and such person; and
(i) To do all things necessary and convenient to carry out the purposes of this act.
No county shall have power to operate any pollution control facility as a business other than as a lessor. Any lease of a pollution control facility entered into pursuant to the provisions of this act shall be for a term not shorter than the longest maturity of any revenue bonds issued to finance such pollution control facility or a portion thereof and shall provide for rentals adequate to pay the principal of and interest and premiums, if any, on such revenue bonds as the same fall due and to create and maintain such reserves and accounts for depreciation, if any, as the board in its discretion shall determine to be necessary.
In the event a member of a board of county commissioners is an officer, employee or stockholder of the "person" as defined in section 31-4503(c), Idaho Code, with whom the county proposes to contract under the provisions of the Idaho pollution control financing act with respect to the acquisition and financing of pollution control facilities and the issuance of revenue bonds, such member shall disclose such status and interest to the board of county commissioners at a public meeting and shall abstain from voting on all matters before the board of county commissioners related thereto.
[31-4504, added 1975, ch. 52, sec. 4, p. 105; am. 1978, ch. 265, sec. 1, p. 590.]
All revenue bonds authorized to be issued hereunder may be issued as serial bonds or as term bonds or a combination of both types. All revenue bonds so issued shall be payable solely out of the revenues and receipts derived by the county from the pollution control facilities provided with the proceeds thereof as may be designated in the proceedings of the board under which the revenue bonds shall be authorized to be issued, provided that such revenue bonds shall not be secured by the full faith and credit or the taxing power of the state of Idaho or of any political subdivision thereof, and such limitation shall be plainly printed on the face of each such revenue bond. Such revenue bonds may be executed and delivered by the county at any time and from time to time in such amounts, may be in such form and denominations and of such terms and maturities, may be in fully registered form or in bearer form registrable either as to principal or interest or both, may bear such conversion privileges and be payable in such installments and at such time or times not exceeding forty (40) years from the date thereof, may be payable at such time or times and at such place or places whether within or without the state of Idaho and evidenced in such manner, may bear interest at such rate or rates per annum without regard to any interest rate limitation appearing in any other law, may be executed by the manual or facsimile signatures of such officers of the county, and may contain such provisions not inconsistent herewith, all as shall be provided in the proceedings of the board under which the revenue bonds shall be authorized to be issued. If deemed advisable by the board there may be retained in the proceedings under which any such revenue bonds are authorized to be issued an option to redeem all or any part thereof as may be specified in such proceedings, at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such proceedings, but nothing herein contained shall be construed to confer on any county the right or option to redeem any such revenue bonds except as may be provided in the proceedings under which they shall be issued. Any revenue bonds issued hereunder may be sold at public or private sale for such price and in such manner and from time to time as may be determined by the board, and the county may pay, but solely and only from the proceeds of any such revenue bonds, all expenses, premiums and commissions which the board may deem necessary or advantageous in connection with the issuance thereof. Issuance by any county of one (1) or more series of revenue bonds for one (1) or more purposes under this act shall not preclude it from issuing other revenue bonds in connection with the same pollution control facility or any other pollution control facility or for any other purpose hereunder, but the proceedings whereunder any subsequent bonds may be issued shall recognize and protect any prior pledge made for any prior issue of revenue bonds. Any revenue bonds issued hereunder at any time outstanding may at any time and from time to time be refunded by the issuance of refunding bonds in such amount as the board may deem necessary but not exceeding an amount sufficient to refund the principal of the bonds so to be refunded, together with any unpaid interest thereon and any premiums, commissions, service fees and other expenses necessary to be paid in connection therewith. Any such refunding may be effected whether the bonds to be refunded shall have matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof for the payment of the bonds to be refunded thereby, or by the exchange of the refunding bonds for the bonds to be refunded thereby with the consent of the holders of the bonds so to be refunded, and regardless of whether or not the bonds to be refunded were issued in connection with the same pollution control facility or separate pollution control facilities or for any other purpose hereunder, and regardless of whether or not the revenue bonds proposed to be refunded shall be payable on the same date or different dates or shall be due serially or otherwise. All such revenue bonds and the interest coupons applicable thereto, if any, are hereby made and shall be construed to be negotiable instruments.
The resolution authorizing the issuance of any revenue bonds hereunder and the execution of an indenture as security therefor shall be published one (1) time in a newspaper of general circulation in the county. Any such indenture, or other instrument authorized in such resolution to be executed, may be incorporated as an exhibit to such resolution but need not be published as part of the resolution. For a period of thirty (30) days from the date of such publication any person in interest may file suit in any court of competent jurisdiction to contest the regularity, formality or legality of the proceedings authorizing the revenue bonds, or the legality of such resolution and its provisions or of the revenue bonds to be issued pursuant thereto and the provisions securing the revenue bonds. After the expiration of such thirty (30) day period no one shall have any right of action to contest the validity of the revenue bonds or of such proceedings or of such resolution or the validity of the pledges and covenants made in such proceedings and resolution and the revenue bonds and the provisions for their payment shall be conclusively presumed to be legal and no court shall thereafter have authority to inquire into such matters.
[31-4505, added 1975, ch. 52, sec. 5, p. 105.]
The principal of, and interest and premiums, if any, on any revenue bonds issued hereunder shall be secured by a pledge of the revenues and receipts out of which the same shall be made payable and may also be payable out of proceeds from the sale of the pollution control facility acquired with proceeds of such revenue bonds, but shall not be secured by the full faith and credit or the taxing power of the state of Idaho or of any political subdivision thereof. The resolution under which the revenue bonds are authorized to be issued and any indenture executed as security for the revenue bonds, may contain any agreements and provisions respecting the maintenance of the properties covered thereby, the fixing and collection of rents for any portions thereof leased by the county to others, the creation and maintenance of special funds from such revenues and the rights and remedies available in the event of default, including the designation of a trustee, which may be a bank or trust company, the principal place of business of which may be within or without the state of Idaho, all as the board shall deem advisable and not in conflict with the provisions hereof. Each pledge and agreement made for the benefit or security of any of the revenue bonds issued hereunder shall continue effective until the principal of, and interest and premiums, if any, on the revenue bonds for the benefit of which the same were made shall have been fully paid or provision for such payment duly made. In the event of default in such payment or in any agreements of the county made as a part of the contract under which the revenue bonds were issued, whether contained in the proceedings authorizing the revenue bonds or in any indenture executed as security therefor, said payment or agreement may be enforced by suit, mandamus or the appointment of a receiver in equity, or any one (1) or more of said remedies.
[31-4506, added 1975, ch. 52, sec. 6, p. 105.]
Revenue bonds passed under the provisions of this act shall not be deemed to constitute a debt or liability of the state or of any political subdivision, but shall be payable solely from the funds herein provided therefor. The issuance of revenue bonds under the provisions of this act shall not, directly or indirectly or contingently, obligate the state or any political subdivision thereof to levy any form of taxation therefor or to make any appropriation for their payment. Nothing in this act shall be construed to authorize the creation of a debt of the state or of the county authorizing the issuance of such revenue bonds within the meaning of the constitution or statutes of the state of Idaho and all revenue bonds issued pursuant to the provisions of this act are payable and shall state that they are payable solely from the funds pledged for their payment in accordance with the resolution authorizing their issuance or in any indenture executed as security therefor, and that such revenue bonds are not secured by the full faith and credit or the taxing power of the state of Idaho or of any political subdivision thereof. Neither the state nor the county authorizing the issuance thereof shall in any event be liable for the payment of the principal or of interest or premiums, if any, on any such revenue bonds. No breach of any such pledge, obligation or agreement may impose any pecuniary liability upon the state or the county authorizing the issuance thereof or any charge upon their general credit or against their taxing power.
[31-4507, added 1975, ch. 52, sec. 7, p. 105.]
To the extent permitted by the constitution the property acquired by any county pursuant to this act is exempt from taxation except that during any period that such property is leased by or title thereto is retained under an installment purchase contract by such county taxes shall be payable to the same extent as if it were owned by such lessee and such installment purchaser and such taxes shall be paid by such lessee or installment purchaser.
[31-4508, added 1975, ch. 52, sec. 8, p. 105.]
At or prior to the time the principal of and interest on any revenue bonds issued hereunder to provide a particular pollution control facility have been fully paid, the county may execute such deeds and conveyances as are necessary and required to convey its right, title and interest in such pollution control facilities to any person, provided that if such conveyance is made prior to when the revenue bonds are fully paid, the county has determined that adequate provision has been made for the payment of principal and interest on the bonds as they become due.
[31-4509, added 1975, ch. 52, sec. 9, p. 105.]
Neither this chapter nor anything herein contained shall be construed as a restriction or limitation upon any powers which any county might otherwise have under any laws of this state, but shall be construed as cumulative of any such powers. No proceedings, notice or approval shall be required for the issuance of any revenue bonds or any instrument as security therefor, except that no revenue bonds shall be issued hereunder until the board shall by resolution adopted by a majority of the board determine that the interest of the county and the public interest or necessity demand the acquisition, construction, installation and equipment of pollution control facilities to be financed for or to be sold, leased or otherwise disposed of to persons, associations or corporations other than municipal corporations or other political subdivisions, whereupon the board shall order the submission of the proposition of issuing such revenue bonds for the purposes set forth in said resolution to the vote of the qualified electors of the county as defined in section 34-104, Idaho Code, at an election to be held subject to the provisions of section 34-106, Idaho Code. 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 revenue bonds are proposed to be issued, the amount of principal of the revenue bonds, and the source of revenues pledged to the payment of said bonds.
Such resolution shall also fix the date upon which such election shall be held, subject to the provisions of section 34-106, Idaho Code, the manner of holding the same, which shall be in accordance with the provisions of title 34, Idaho Code, and the method of voting for or against the issuance of the revenue bonds. Such resolution shall designate the precincts and polling places. The county clerk shall appoint for each polling place, from each precinct from the electors thereof, the officers of such election, one (1) of whom shall act as clerk, who shall constitute a board of election for each polling place. The description of precincts may be made by reference to any order or orders of the board, or by reference to any previous order or resolution of the board or by detailed description of such precincts. Precincts established by the board may be consolidated for elections held hereunder. A notice of election shall be published by the county clerk once a week for two (2) consecutive weeks, the first publication shall be not less than twelve (12) days prior to the election, and the last publication of which shall be at least five (5) days prior to the date set for said election, in the newspaper of general circulation within the county in which legal notices of the county are customarily published, and no other or further notice of such election or publication of the names of election officers or of the precincts or polling places need be given or made.
The county clerk shall conduct the election in the manner prescribed by law for the holding of county elections to the extent the same shall apply. The returns thereof shall be canvassed and the results thereof declared as provided in chapter 12, title 34, Idaho Code.
In the event that it shall appear from said returns that a majority of the qualified electors of the county who shall have voted on any proposition submitted hereunder at such election voted in favor of such proposition, the county shall thereupon be authorized to issue and sell such revenue bonds of the county, 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.
[31-4510, added 1975, ch. 52, sec. 10, p. 105; am. 1978, ch. 265, sec. 2, p. 592; am. 1995, ch. 118, sec. 45, p. 465; am. 2009, ch. 341, sec. 22, p. 1006.]
Each county issuing revenue bonds hereunder may invest any funds in bonds, notes, certificates of indebtedness, treasury bills or other securities constituting direct obligations of the United States of America; in certificates of deposit or time deposits constituting direct obligations of any bank as defined by the Idaho Bank Act, provided, however, that investments may be made only in those certificates of deposit or time deposits in banks which are insured by the Federal Deposit Insurance Corporation, if then in existence; or in short term discount obligations of the Federal National Mortgage Association. Any such securities may be purchased at the offering or market price thereof at the time of such purchase.
[31-4511, added 1975, ch. 52, sec. 11, p. 105.]
The state and all counties and cities and other municipal corporations, political subdivisions and public bodies, and public officers of any thereof, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, insurance companies and associations, and all executors, administrators, guardians, trustees and other fiduciaries may legally invest any sinking funds, monies or other funds belonging to them or within their control in any revenue bonds issued pursuant to this act.
[31-4512, added 1975, ch. 52, sec. 12, p. 105.]
A pollution control facility is not subject to any requirements relating to public buildings, structures, grounds, works, or improvements imposed by the Idaho Code, or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale, or other disposition of property of any county is not applicable to any action taken under authority of this act.
[31-4513, added 1975, ch. 52, sec. 13, p. 105.]
The powers herein conferred upon counties under this act may be exercised by two (2) or more counties acting jointly.
[31-4514, added 1975, ch. 52, sec. 14, p. 105.]
Revenue bonds and the interest thereon, issued pursuant to the authority contained in this act, shall be exempt from taxation under the Idaho income tax law.
[31-4515, added 1975, ch. 52, sec. 15, p. 105.]
All bond elections conducted by counties pursuant to authority contained in section 31-4510, Idaho Code, prior to the effective date of this act, and all proceedings had in the authorization and issuance of the bonds authorized thereat, are hereby validated, ratified and confirmed and all such bonds are declared to constitute legal obligations in accordance with their terms. Nothing in this section shall be construed to affect or validate any bond election, or bonds issued pursuant thereto, the legality of which is being contested at the time this act takes effect.
[31-4516, added 1978, ch. 265, sec. 3, p. 594.]
The legislature recognizes that the counties of the state perform vital functions in administering and delivering law enforcement services to all residents of the state. The legislature further finds it is necessary that the boards of county commissioners of the counties of the state be able to address the needs of county-provided components of the justice system by funding them at levels which do not compromise the performance of the justice system as a whole and which advance the interests of the public, while protecting the rights of individuals involved with the justice system.
[31-4601, added 1990, ch. 216, sec. 1, p. 579.]
The board of county commissioners of any county may, in conjunction with development of their annual budget, by resolution adopted at a public meeting of the board, establish a county justice fund to provide funding for the operation of the county sheriff’s office, construction, remodeling, operation and maintenance of county jails, juvenile detention facilities and/or county courthouses, operation of the prosecuting attorney’s office, provision of public defender service and otherwise court-appointed counsel, and operation of the office of the clerk of the district court, to the extent that operation of that office provides support for the district court. The justice fund shall be separate and distinct from the county current expense fund and expenditures from the justice fund shall be solely dedicated to the purposes set forth in this section.
At the discretion of the board of county commissioners, funds deposited in the county justice fund may be allowed to accumulate over a period of years for designated capital improvements or be expended on a regular basis.
[31-4602, added 1990, ch. 216, sec. 1, p. 579; am. 2018, ch. 93, sec. 2, p. 200.]
(1) If a board of county commissioners desires to establish a county justice fund, it shall publish notice of intent to do so in conjunction with the proposed budget publication required in section 31-1604, Idaho Code, and shall depict such proposal in the proposed county budget in a manner consistent with the provisions of section 31-1603, Idaho Code.
(2) Establishment of a county justice fund shall proportionately reduce the allowable property tax charges for remaining expenses in the county current expense fund. For purposes of achieving a proportionate reduction, the following procedure shall be followed:
(a) Prior to the September budget hearing required by section 31-1604, Idaho Code, and upon the request of the board of county commissioners, the budget officer shall identify and separate the appropriations for the services and operations outlined in section 31-4602, Idaho Code, from the previous year’s budget, including estimated portions of the general reserve appropriation and court-ordered expenditures for such purposes. Such figure, and the percentage that such figure constitutes of the whole of the current expense fund expenditures, shall be certified by the clerk of the county and shall be transmitted to the board of county commissioners.
(b) The board of county commissioners shall review the submittal by the clerk and shall, upon completion of such review, adopt a resolution creating a county justice fund, which resolution shall certify, to the accuracy of two (2) decimal places, the percentage that authorized justice fund appropriations in the prior budget year are of total current expense fund appropriations for that year. If the board of county commissioners believes the previous year’s budget is not typical, it may petition the state tax commission for an administrative ruling setting the percentage of justice fund expenditures based upon a more extended history of such budgeted expenditures.
(c) The percentage derived by completion of the steps called for in subsection (2)(b) of this section shall be multiplied by the total of property tax charges levied to support the current expense fund as a whole. The product of this multiplication shall be subtracted from the entire property tax charge for the current expense fund and shall constitute the justice fund allocation. The remainder, after the justice fund allocation has been subtracted, shall constitute a new property tax base for the current expense fund. Allowable property tax charges for the current expense fund in the year the justice fund is created shall be determined upon the base established in this section. In subsequent years, after a county has established a justice fund, the maximum levy authority for the current expense fund shall be twenty hundredths percent (.20%) of market value for assessment purposes as provided for in section 63-805, Idaho Code.
(3) Additional revenues, other than those derived from property taxation, shall be allocated to the current expense fund or the justice fund, respectively, in accordance with their association with the functions performed by offices supported by the respective funds. Where revenue sources are not clearly attributable to either justice or current expense fund activities, they shall be apportioned to the current expense fund or justice fund by the board of county commissioners to meet the greatest funding need in each local jurisdiction.
[31-4603, added 1990, ch. 216, sec. 1, p. 579; am. 1996, ch. 208, sec. 5, p. 662; am. 1996, ch. 322, sec. 17, p. 1043; am. 1997, ch. 117, sec. 3, p. 301.]
A county museum board may be created as follows:
(1) In addition to the procedures provided in subsections (2), (3) and (4) of this section, the county commissioners may adopt a resolution and incorporate in its minutes to signify that it is the intention of the board of county commissioners to create a county museum board in accordance with the provisions of this chapter. The board of county commissioners shall fix a date, not less than three (3) nor more than six (6) weeks from the date of the adoption of the resolution for a public hearing, and shall order the clerk of the board to publish notice of the hearing in one (1) or more newspapers of general circulation in the county, which notice shall include the time and place of the hearing at which the board of county commissioners will hear any person or persons interested upon the matter of whether a county museum board shall be created pursuant to this chapter. If after the hearing provided for in this section, the board of county commissioners shall then deem it for the best interests of the county that a county museum board be created, the county commissioners shall enter an order to that effect and calling an election upon the formation of the proposed county museum board as provided in this section.
(2) Any person or persons may file a petition for the formation of a county museum board with the clerk. The petition which may be in one (1) or more papers shall be signed by not less than ten percent (10%) of the registered voters residing within the county.
(3) The clerk shall, within ten (10) days after the filing of the petition, estimate the cost of advertising and holding the election provided in this section and notify in writing the person or any of the persons filing the petition as to the amount of the estimate. The person or persons shall within twenty (20) days after receipt of the written notice deposit the estimated amount with the clerk in cash, or the petition shall be deemed withdrawn. If the deposit is made and the county museum board is formed, the person or persons so depositing the sum shall be reimbursed from the first moneys collected by the county museum board from the taxes authorized to be levied by this chapter.
(4) Within thirty (30) days after the filing of the petition together with the map and the making of the cash deposit, the county commissioners shall determine whether or not they substantially comply with the requirements of this section. If the county commissioners find that there has not been substantial compliance with the requirements, the county commissioners shall enter an order to the effect specifying the particular deficiencies, dismissing the petition and refunding the cash deposit. If the county commissioners find that there has been substantial compliance with the requirements, the county commissioners shall forthwith enter an order to that effect and calling an election upon the formation of the proposed county museum board as provided in this section.
(5) If the county commissioners order an election as provided in this section, the election shall be conducted on the first Tuesday succeeding the first Monday of November in any year, and in accordance with the general election laws of the state. The county commissioners shall establish election precincts, and the county clerk shall design and print voter’s oaths, ballots and other necessary supplies, appoint election personnel and provide for the conduct and tally of the election. Each registered voter of the county shall be entitled to vote in the election in accordance with the provisions of title 34, Idaho Code. The county clerk shall give notice of the election which notice shall clearly state the question of whether a county museum board shall be formed and shall state the date of the election. The notice shall be published as provided in chapter 14, title 34, Idaho Code, in a newspaper published within the county.
(6) Immediately after the election, the judges at the election shall forward the ballots and results of the election to the county clerk. The county commissioners shall canvass the vote within ten (10) days after the election. If forty-five percent (45%) or more of the votes cast at the election are against the formation of the county museum board, the county commissioners shall enter an order so finding and declaring that the county museum board shall not be formed. If more than fifty-five percent (55%) of the votes cast at the election are in favor of forming the county museum board, the county commissioners shall enter an order so finding, declaring the county museum board duly organized. The county commissioners shall cause one (1) certified copy of the order to be filed in the office of the county recorder of the county and shall cause one (1) certified copy of the order to be transmitted to the governor. Immediately upon the entry of the order, the organization of the county museum board shall be complete.
(7) After the election, the validity of the proceedings hereunder shall not be affected by any defect in the petition, if any, or in the number or qualification of the signers thereof, and in no event shall any action be commenced or maintained or defense made affecting the validity of the organization of the county museum board after six (6) months have expired from the date of entering the order declaring the formation of the county museum board.
[31-4701, added 1990, ch. 393, sec. 1, p. 1101; am. 1991, ch. 322, sec. 1, p. 837; am. 2009, ch. 341, sec. 23, p. 1007.]
If the board enters an order creating a county museum board pursuant to subsection (6) of section 31-4701, Idaho Code, it shall immediately appoint five (5) persons to membership thereof, and make its action a matter of record. The members shall as nearly as possible be selected from the different localities of the county.
Appointments shall be made as follows: Three (3) members shall be appointed for a term of two (2) years and two (2) members shall be appointed for a term of three (3) years. Thereafter, each appointment shall be made for terms of three (3) years. Appointments shall expire on the third Monday in January. Any vacancy occurring on such county museum board shall be filled by appointment by the county commissioners at their first regular meeting after the occurrence of such vacancy.
[31-4702, added 1990, ch. 393, sec. 1, p. 1103.]
The county museum board may be created under the provisions of this chapter at any time before the first Monday in July in any year.
[31-4703, added 1990, ch. 393, sec. 1, p. 1103.]
The county museum board shall be charged with the care and custody of all property belonging to the county and used for museum purposes, and shall be responsible for all moneys received by it, raised by tax levy or levies for museum purposes as well as all receipts from the operation of the museum and any other moneys received from other sources for museum purposes. Each member of the county museum board shall file with the board of county commissioners a bond in the sum of not less than one thousand dollars ($1,000) to be approved by the board of county commissioners. It shall meet at its place of business on the first Monday of January each year, and thereafter bi-monthly on the first Monday of the month, except as herein otherwise provided; provided, that it shall meet on the first Monday after the creation of such board under the provisions hereof.
It shall safely keep or cause to be safely kept all moneys coming into its care, custody or possession in strict compliance with the provisions of the public depository law of this state. It shall formulate in writing and file in its office all plans adopted by it from time to time in connection with the conduct of the business of the county museum, and also file a copy of the same with the board of county commissioners of the county. It shall keep or cause to be kept proper records of its proceedings, business transactions, and true and proper accounts of all moneys received by it and expended or on hand; and it shall require proper vouchers evidencing all disbursements of money. The records of the board shall be open to inspection by any taxpayer or voter within the county during all regular office hours. The board shall publish in at least one (1) issue of the official newspaper of the county a detailed statement of all moneys received and expended in connection with the operation of any museum.
It shall take charge of and manage all such property as the county may have acquired or set aside for museum purposes. It may recommend to the board of county commissioners that such board purchase such real and personal property as may be needed for museum purposes. It shall have power to employ labor, award prizes, make exhibition contracts, fix and charge admission and entrance fees. It shall fix the salaries of the secretary and treasurer and prescribe the time and manner of payment. The county museum board shall not have the power to create any indebtedness in excess of the amount to be derived from the special levies for each year and the estimated income from annual museum receipts, nor shall it mortgage or otherwise pledge or encumber any of the real or personal property owned by the county and used for museum purposes.
[31-4704, added 1990, ch. 393, sec. 1, p. 1103.]
The county museum board shall select and employ a competent secretary whom they shall vest with general managerial powers subject to the provisions of this chapter. It shall also appoint a treasurer. The office of secretary may be combined with the office of treasurer and held by the same person. The treasurer shall be required to furnish a bond in such sum as may be fixed by the board of county commissioners, and when furnished to be approved by it.
[31-4705, added 1990, ch. 393, sec. 1, p. 1104.]
For the purpose of determining what funds must be raised by taxes for county museum purposes, the county museum board shall meet at such time as may be provided by law for the preparation of budgets, and shall make a budget of the amounts required for museum purposes, including all salaries to be paid for the current year, and shall deduct therefrom any balance remaining in its treasury, and shall then certify to the board of county commissioners the amount of said budget. The board of county commissioners may make a levy upon all taxable property in the county in the amount requested by the county museum budget. No levy for the purposes of this chapter shall exceed three-hundredths percent (.03%) on each dollar of market value for assessment purposes of taxable property in the county. When such taxes have been collected, the same shall be paid to the treasurer of the county museum board to be used for the purposes authorized by this chapter. Upon the creation and appointment of the museum board by the county commissioners, it hereby becomes a taxing unit separate and distinct from any other taxing unit or tax levy within the county under the provisions of the Idaho budget law and as such is empowered to issue tax anticipation notes or warrants as provided by law for maintaining, carrying on, conducting, payment of obligations and all other necessary expenses, incurred or to be incurred in maintaining a museum. It may be the duty of the county commissioners of any county, where property for county museum purposes is located, to levy an amount sufficient to maintain and protect such museum grounds and property.
[31-4706, added 1990, ch. 393, sec. 1, p. 1104; am. 1991, ch. 52, sec. 1, p. 95; am. 1996, ch. 208, sec. 6, p. 663; am. 1996, ch. 322, sec. 18, p. 1044; am. 1997, ch. 117, sec. 4, p. 302.]
The members of the county museum board shall be paid their actual and necessary expenses out of the funds provided for museum purposes, upon approval of claims for the same by the board of county commissioners.
[31-4707, added 1990, ch. 393, sec. 1, p. 1105.]
The legislature recognizes that providing consolidated emergency communications systems and interoperable public safety communications and data systems is vital in enhancing the public health, safety, and welfare of the people in the state of Idaho. The legislature further finds that there is an obvious need for providing a means to finance the initiation, maintenance, operation, enhancement and governance of interoperable and consolidated emergency communications systems.
(1) The legislature of the state of Idaho finds that:
(a) Since the original enactment of the emergency communications act in 1988, many of Idaho’s communities have found that they are lacking in the resources to fully fund emergency communications systems at the local level;
(b) Changes in technology and the rapid growth of communications media have demonstrated that financing such systems solely by a line charge on subscribers to wireline services does not reflect utilization of emergency communications systems by subscribers to wireless and other forms of communications systems;
(c) There is a need to enhance funding for the initiation and enhancement of consolidated emergency communications systems throughout the state;
(d) Utilization of cellular telephones and voice over internet protocol (VoIP) communications to access emergency communications systems has substantially increased citizen access to emergency services while at the same time increasing demands upon the emergency response system;
(e) In order to protect and promote the public health and safety, and to keep pace with advances in telecommunications technology and the various choices of telecommunications technology available to the public, there is a need to plan and develop a statewide coordinated policy and program to ensure that enhanced 911 services, next generation 911 services, and future and emerging public safety technologies are available to all citizens of the state and people in all areas of the state.
(2) Therefore, it is hereby declared that the intent and purpose of the provisions of this act are to:
(a) Provide authority to counties and 911 service areas to impose an emergency communications fee on the use of telephone lines, wireless, VoIP or other communications services that connect an individual or entity dialing or accessing 911 to an established public safety answering point;
(b) Provide that the emergency communications fee in section 31-4803, Idaho Code, shall be exclusively utilized by the counties or 911 service areas electing to impose it to finance the initiation, maintenance, operation, enhancement and governance of consolidated emergency systems as well as enhanced consolidated emergency systems or next generation consolidated emergency systems;
(c) Provide for the agreed-to reimbursement to telecommunications providers for their implementation of enhanced consolidated emergency communications systems by counties or 911 service areas that have implemented enhanced consolidated emergency communications systems;
(d) Create the Idaho public safety communications commission that will have the duty to provide the governance structure through which public safety communications stakeholders can collaborate to advance consistency and common objectives, to provide integrated facilitation and coordination for cross-jurisdictional consensus building, to assist in the standardization of agreements for sharing resources among jurisdictions with emergency response communications infrastructure, to suggest best practices, performance measures and performance evaluation in the integrated statewide strategic planning and implementation of interoperability among public safety communications professionals and entities that serve people in Idaho regardless of jurisdiction, to manage the Idaho public safety interoperable communications and data systems fund as established by section 31-4820, Idaho Code, and to pursue budget authorizations as set forth in this chapter.
[31-4801, added 1988, ch. 348, sec. 1, p. 1027; am. 1990, ch. 200, sec. 1, p. 449; am. 2003, ch. 290, sec. 1, p. 785; am. 2003, ch. 311, sec. 1, p. 853; am. 2004, ch. 325, sec. 1, p. 973; am. 2007, ch. 340, sec. 1, p. 995; am. 2016, ch. 127, sec. 1, p. 364.]
As used in this chapter:
(1) "Access line" means any telephone line, trunk line, network access register, dedicated radio signal, or equivalent that provides switched telecommunications access to a consolidated emergency communications system from either a service address or a place of primary use within this state. In the case of wireless technology, each active dedicated telephone number shall be considered a single access line.
(2) "Administrator" means the person, officer or agency designated to operate a consolidated emergency communications system, and to receive funds for such an operation.
(3) "Basic consolidated emergency system" means consolidated emergency systems that are not enhanced.
(4) "Consolidated emergency communications system" means facilities, equipment and dispatching services directly related to establishing, maintaining, or enhancing a 911 emergency communications service.
(5) "District interoperability governance board" (DIGB) means any one (1) of the six (6) regional governing bodies, comprised of representatives and organized to provide input to the Idaho public safety communications commission regarding the commission’s objectives and regarding consolidated emergency communications and interoperable public safety communications and data systems for the agencies and organizations within its own geographic area. District one includes the area composed of Benewah, Bonner, Boundary, Kootenai and Shoshone counties. District two includes the area composed of Clearwater, Idaho, Latah, Lewis and Nez Perce counties. District three includes the area composed of Ada, Adams, Boise, Canyon, Elmore, Gem, Owyhee, Payette, Valley and Washington counties. District four includes the area composed of Blaine, Camas, Cassia, Gooding, Jerome, Lincoln, Minidoka and Twin Falls counties. District five includes the area composed of Bannock, Bear Lake, Bingham, Butte, Caribou, Franklin, Oneida and Power counties. District six includes the area composed of Bonneville, Clark, Custer, Fremont, Jefferson, Lemhi, Madison and Teton counties.
(6) "Emergency communications fee" means the fee provided for in section 31-4803, Idaho Code.
(7) "Enhanced consolidated emergency system" means consolidated emergency systems that provide enhanced wireless 911 service and include, but are not limited to, the technological capability to provide call back numbers, cell site locations, and the location of calls by latitude and longitude and made through the systems of wireless carriers.
(8) "Governing board" means the joint powers board if the 911 service area is a multicounty area, or the board of county commissioners of the county or the city council if the 911 service area is a city, or both the board of county commissioners and the city council if the 911 service area includes both city and county residents but not the entire county.
(9) "Governor’s appointment" means the power and procedures of the governor to appoint members to statewide commissions as provided for in section 67-802, Idaho Code.
(10) "Interconnected" means the ability of the user to receive calls from and terminate calls to the public switched telephone network (PSTN)or emergency services internet protocol network (ESInet), including commercial mobile radio service (CMRS) networks.
(11) "Interconnected VoIP service" means a service bearing the following characteristics:
(a) The service enables real-time, two-way voice communications;
(b) The service requires a broadband connection from the user’s location;
(c) The service requires IP-compatible customer premises equipment; and
(d) The service permits users to receive calls that originate on the public switched telephone network (PSTN) or ESInet and to terminate calls on the PSTN or ESInet.
(12) "Interconnected VoIP service line" means an interconnected VoIP service that offers an active telephone number, or successor dialing protocol assigned by a VoIP provider to a VoIP service customer number that has an outbound calling capability of directly accessing a public safety answering point.
(13) "Interoperable public safety communications and data systems" means facilities, equipment, networks, services, software and infrastructure directly related to establishing, maintaining or enhancing systems to exchange voice, video or other public safety data, to include future technology advancements.
(14) "Interoperability" means the ability of public safety service and support providers, law enforcement, public utilities, transportation and others to communicate when necessary with staff from other responding agencies, and to exchange voice, video, and data on demand, in real time, and when authorized.
(15) "Next generation consolidated emergency system" or "NG911" means consolidated emergency communications systems that provide an internet protocol (IP) based system of managed emergency services IP networks (ESInets), functional elements (applications), and databases that replicate traditional E911 features and functions and provide additional capabilities. NG911 is designed to provide access to emergency services from all connected communications sources and to provide multimedia data capabilities for public safety answering points (PSAPs) and other emergency service organizations through current and emerging technology systems.
(16) "911 service area" means a regional, multicounty, county or area other than a whole county in which area the residents have voted to establish a consolidated emergency communications system.
(17) "Place of primary use" means the residential street address or the primary business street address in Idaho where the customer’s use of the wireless or VoIP service primarily occurs. For the purposes of 911 fees imposed upon interconnected VoIP service lines, the place of primary use shall be the customer’s registered location on the date the customer is billed.
(18) "Public safety communications and data systems" refers to the general systematic ability of people or entities to communicate or manage data with other people or entities using technology for the purpose of reporting and responding to situations that require a public safety response. This term does not refer to any existing state agency, division or office, building, network, personnel, or fund and is not related to the Idaho military division’s unit of public safety communications.
(19) "Public safety communications stakeholders" means any city, county, fire district, ambulance district, and the state.
(20) "Telecommunications provider" means any person or entity providing:
(a) Exchange telephone service to a service address within this state; or
(b) Any wireless carrier providing telecommunications service to any customer having a place of primary use within this state; or
(c) Interconnected VoIP service to any customer having a place of primary use within this state; or
(d) A provider of any other communications service that connects an individual having either a service address or a place of primary use within this state to an established public safety answering point by dialing 911.
(21) "VoIP service provider" means any person or entity providing interconnected voice over internet protocol (VoIP) service.
(22) "Wireless carrier" means a cellular licensee, a personal communications service licensee, and certain specialized mobile radio providers designated as covered carriers by the federal communications commission in 47 CFR 20.18 and any successor to such rule.
[31-4802, added 1988, ch. 348, sec. 1, p. 1027; am. 1990, ch. 200, sec. 2, p. 450; am. 1994, ch. 86, sec. 1, p. 203; am. 2003, ch. 290, sec. 2, p. 786; am. 2007, ch. 340, sec. 2, p. 996; am. 2016, ch. 127, sec. 2, p. 365.]
(1) The board of commissioners of any county may establish a consolidated emergency communications system by virtue of authority granted by this chapter or by chapter 23, title 67, Idaho Code. The service area may be regional, multicounty, countywide, or any part or parts of the county, and may include or exclude a city or cities. If the board of county commissioners has adopted a resolution stating that the county is unable to establish a countywide consolidated emergency communications system, or if the voters reject a countywide consolidated 911 system, then a 911 service area may be established by action of any city or cities within the county. The 911 service area shall be described in the ordinance of creation. The ordinance shall further provide for an election on the question as provided in subsection (2) of this section. The ordinance of creation shall define the governing board, designate the administrator, and the agency to service the 911 calls. The costs of the election ordered by the county shall be a proper charge against the county current expense fund. The costs of the election for a 911 service area shall be a proper charge against the city or cities initiating the election.
(2) The voters of any county or 911 service area may authorize funding to support implementation of a consolidated emergency communications system pursuant to the provisions of this chapter. The authorization to provide such funding must be made by the registered voters of the county or of the 911 service area at either a primary or general election. A notice for any election shall be published for twenty (20) days as required by section 60-109, Idaho Code. A sixty percent (60%) majority of the votes cast in favor of the question shall be necessary to authorize the emergency communications fee.
(3) If a 911 system is to be financed in whole or in part by an emergency communications fee, the governing board shall submit the question to the electors of the county or 911 service area in substantially the following form:
"Shall the governing board of ………… be authorized to institute an emergency communications fee in an amount no greater than one dollar ($l.00) per month to be used to fund an emergency telephone system, commonly known as 911 service?".
(4) No emergency communications fee for a consolidated emergency communications system shall be charged without voter approval as provided in subsection (2) of this section.
(5) Any net savings in operating expenditures realized by any taxing district utilizing a consolidated emergency communications system shall be used by that taxing district for a reduction in the property tax charges of that taxing district.
(6) If the voters of any county or 911 service area have previously approved funding of a consolidated emergency communications system in the manner provided in subsections (2) and (3) of this section, no further vote is necessary to authorize the emergency communications fee set forth in this act.
(7) Effective October 1, 2004, and every year thereafter, the emergency communications fee provided for in this act shall be reviewed and modified as required by this subsection by the board of commissioners of a countywide system or by the governing board of a 911 service area as follows:
(a) The level of the emergency communications fee shall be reviewed and, as appropriate and necessary, readjusted by action of the board of commissioners or the governing board on an annual basis. The board of commissioners or governing board shall set the level of the fee based upon the revenue requirements necessary to implement an annual budget prepared under the direction of the board of commissioners or governing board for the initiation, maintenance, operation, enhancement and governance of a consolidated emergency communications system, including both basic and, if applicable, enhanced consolidated emergency systems.
(b) The revenues from emergency communications fees shall be exclusively expended pursuant to the budget established in paragraph (a) of this subsection. Use of such revenues for any other purpose is expressly prohibited.
(c) The process of reviewing and setting the level of emergency communications fees shall be governed by the meeting and public notice provisions of section 31-710(4), Idaho Code. For the purposes of this section, the setting of a fee shall be deemed to be the promulgation of a rule such that public participation provisions of section 67-5222, Idaho Code, shall apply to the meetings of the board of commissioners or of a governing board pursuant to this section.
[31-4803, added 1988, ch. 348, sec. 1, p. 1028; am. 1989, ch. 196, sec. 1, p. 492; am. 1990, ch. 200, sec. 3, p. 450; am. 1994, ch. 86, sec. 2, p. 203; am. 2003, ch. 290, sec. 3, p. 787.]
(1) The emergency communications fee provided pursuant to the provisions of this chapter shall be a uniform amount not to exceed one dollar ($1.00) per month per access or interconnected VoIP service line, and such fee shall be used exclusively to finance the initiation, maintenance, operation, enhancement and governance of a consolidated emergency communications system and provide for the reimbursement of telecommunications providers for implementing enhanced consolidated emergency systems as provided for in section 31-4804A, Idaho Code. All emergency communications fees collected and expended pursuant to this section shall be audited by an independent, third-party auditor ordinarily retained by the governing board for auditing purposes. The purpose of the audit as related to emergency communications systems is to verify the accuracy and completeness of fees collected and costs expended.
(2) The fee shall be imposed upon and collected from purchasers of access lines or interconnected VoIP service lines with a service address or place of primary use within the county or 911 service area on a monthly basis by all telecommunications providers of such services. The fee may be listed as a separate item on customers’ monthly bills.
(3) The telecommunications providers shall remit such fee to the county treasurer’s office or the administrator for the 911 service area based upon the 911 service area from which the fees were collected. In the event the telecommunications provider remits such fees based upon the emergency communications fee billed to the customer, a deduction shall be allowed for uncollected amounts when such amounts are treated as bad debt for financial reporting purposes.
(4) From every remittance to the governing body made on or before the date when the same becomes due, the telecommunications provider required to remit the same shall be entitled to deduct and retain one percent (1%) of the collected amount as the cost of administration for collecting the charge. Telecommunications providers will be allowed to list the surcharge as a separate item on the telephone subscriber’s bill and shall have no obligation to take any legal action to enforce the collection of any charge, nor be held liable for such uncollected amounts.
(5) Use of fees. The emergency communications fee provided hereunder shall be used only to pay for the lease, purchase or maintenance of emergency communications equipment for basic and enhanced consolidated emergency systems, and next generation consolidated emergency systems (NG911), including necessary computer hardware, software, database provisioning, training, salaries directly related to such systems, costs of establishing such systems, management, maintenance and operation of hardware and software applications and agreed-to reimbursement costs of telecommunications providers related to the operation of such systems. Use of the emergency communications fee should, if possible, coincide with the strategic goals as identified by the Idaho public safety communications commission in its annual report to the legislature. However, the county or 911 service area governing board has final authority on lawful expenditures. All other expenditures necessary to operate such systems and other normal and necessary safety or law enforcement functions including, but not limited to, those expenditures related to overhead, staffing, dispatching, administrative and other day-to-day operational expenditures, shall continue to be paid through the general funding of the respective governing boards; provided however, that any governing body using the emergency communications fee to pay the salaries of dispatchers as of March 1, 2006, may continue to do so until the beginning of such governing body’s 2007 fiscal year.
[31-4804, added 1988, ch. 348, sec. 1, p. 1028; am. 1990, ch. 200, sec. 4, p. 451; am. 2003, ch. 290, sec. 4, p. 788; am. 2003, ch. 311, sec. 2, p. 854; am. 2006, ch. 238, sec. 1, p. 722; am. 2007, ch. 340, sec. 3, p. 997; am. 2016, ch. 127, sec. 3, p. 367.]
(1) Any county or 911 service area that has established a basic consolidated emergency system may establish an enhanced consolidated emergency system or next generation consolidated emergency system by action of the governing board of the basic consolidated emergency system.
(2) The governing boards establishing enhanced consolidated emergency systems or next generation consolidated emergency systems shall request that wireless carriers serving such counties or 911 service areas collectively implement an enhanced consolidated emergency communications system within a reasonable time. When so requested, all wireless carriers serving such counties or 911 service areas shall implement enhanced consolidated emergency communications systems or next generation consolidated emergency systems within a reasonable time. The governing boards and wireless carriers shall enter into agreements that:
(a) Establish the scope and purpose of the proposed enhanced consolidated emergency communications systems and next generation consolidated emergency systems.
(b) Provide for an agreed-to level of reimbursement for telecommunications providers for the costs of wireless carriers resulting from their implementation and operation of enhanced emergency communications systems or next generation consolidated emergency systems that may include the acquisition, construction, financing, installation and operation of all equipment and facilities necessary to implement such systems.
(c) Provide that the agreed-to level of reimbursement for telecommunications providers for enhanced 911 service may include the costs and expenses incurred for designing, upgrading, purchasing, leasing, programming, installing, testing, or maintaining all necessary data, hardware and software required in order to provide such service as well as the recurring and nonrecurring costs of operating such service. All costs and expenses must be commercially reasonable.
(d) Provide that reimbursement to a telecommunications provider shall be nondiscriminatory and be made available to all other telecommunications providers.
Agreements shall provide for prompt reimbursement on invoices submitted by wireless carriers to the governing board.
[31-4804A, added 2003, ch. 290, sec. 5, p. 789; am. 2016, ch. 127, sec. 4, p. 368.]
Within one hundred eighty (180) days following voter approval of an emergency communications fee as provided in section 31-4803, Idaho Code, a governing board or administrator may be established under a joint powers agreement pursuant to sections 67-2326 through 67-2332, Idaho Code. Such joint powers board or administrator shall be responsible for establishing, maintaining, operating, enhancing and governing a consolidated emergency communications system. Providing an emergency communications service shall be considered a governmental function.
[31-4805, added 1988, ch. 348, sec. 1, p. 1029; am. 2003, ch. 290, sec. 6, p. 790.]
Whenever the electors approve imposing the emergency communications fee as provided in this chapter, but in the absence of an agreement to form a joint powers board or administrator as provided in this chapter, the governing board is hereby authorized to appoint an official or administrator to maintain, operate, enhance and govern a consolidated emergency communications system.
[31-4806, added 1988, ch. 348, sec. 1, p. 1029; am. 1990, ch. 200, sec. 5, p. 451; am. 2003, ch. 290, sec. 7, p. 790.]
All governmental entities within the county that have an already established emergency communications system using 911 call access, upon resolution duly adopted and approved and presented to the joint powers board or in their absence to the board of county commissioners, may ask that their existing emergency communication system area be excluded and such area shall be excluded from the county-wide emergency communications service but such exclusion shall not affect the right of the board of county commissioners to levy the fees as herein provided. No city or other agency shall establish an individual emergency communication system once a county-wide system as provided in this chapter has been adopted by the board of county commissioners. Whenever an area is excluded pursuant to this section, the board of county commissioners shall remit to the excluded entity one hundred percent (100%) of the fees collected in the excluded area as provided pursuant to this chapter. Any area excluded pursuant to this section may be subsequently included upon resolution duly adopted and approved and presented to the joint powers board or, in their absence, to the board of county commissioners.
[31-4807, added 1988, ch. 348, sec. 1, p. 1029.]
(1) Any county or joint powers board having adopted and established an emergency communications system as provided in this chapter may terminate the same for good cause.
(2) If, after the formation of any 911 service area of less than county-wide extent, the voters of the county approve 911 service for the entire county, the newly formed county-wide 911 service area shall assume all of the assets and liabilities of all 911 service areas existing in that county at the time of formation of the county-wide system. Existing 911 service areas shall have two (2) years from the date of the county-wide election to merge into the county-wide consolidated emergency communications system.
[31-4808, added 1988, ch. 348, sec. 1, p. 1029; am. 1990, ch. 200, sec. 6, p. 452.]
The county treasurer of each county or the administrator for a 911 service area in which an emergency communications system has been established pursuant to this chapter shall establish a fund to be designated the emergency communications fund in which all fees collected pursuant to this chapter, including fees distributed pursuant to section 31-4818(6), Idaho Code, shall be deposited and such fund shall be used exclusively for the purposes of this chapter. The moneys collected and the interest earned in this fund shall be appropriated by the county commissioners, or governing board, for expenses incurred by the emergency communications system as set forth in an annual budget prepared by the joint powers board, or in their absence, the county commissioners and incorporated into the annual county budget.
[31-4809, added 1988, ch. 348, sec. 1, p. 1029; am. 1990, ch. 200, sec. 7, p. 452; am. 2013, ch. 224, sec. 1, p. 525.]
Joint county-wide emergency dispatch systems that are in existence prior to July 1, 1987, shall not be affected by the provisions of this chapter. These emergency dispatch systems may continue to function as they have and shall be eligible to receive revenues generated by this chapter.
[31-4810, added 1988, ch. 348, sec. 1, p. 1030.]
Every provider of telephone service or other owner of a pay station telephone in an area served by an emergency telephone system established pursuant to this chapter must convert every pay station telephone to permit dialing 911 or the telephone company operator without deposit of a coin or other charge to the caller. Conversion must be completed by or before the time the emergency telephone system is operational. If modification of telephone service switching equipment is necessary to implement the provisions of this section, such modification shall be considered a cost of the emergency communications program and the provider of telephone service shall be compensated from the user fees authorized for this chapter upon application to the county, providing that such costs are approved by the public utilities commission.
[31-4811, added 1988, ch. 348, sec. 1, p. 1030.]
In order to further the purposes of this chapter, and to encourage the development of consolidated emergency communications systems, the legislature finds that telecommunications providers making available consolidated emergency communications systems and related services shall not be subject to liability in conjunction with providing such services except on the terms stated below.
(1) No telecommunications provider shall be liable to any person for the good faith release to emergency communications system personnel of information not in the public record including, but not limited to, nonpublished or nonlisted telephone numbers.
(2) A telecommunications provider making available emergency communications systems or services, and its employees and agents, shall not be liable in tort to any person for damages alleged to have been caused by the design, development, installation, maintenance or provision of consolidated emergency communications systems or services, unless such entities or persons act with malice or criminal intent, or commit reckless, willful and wanton conduct.
(3) For the purposes of this section, "reckless, willful and wanton conduct" is defined as an intentional and knowing action, or failure to act, creating an unreasonable risk of harm to another, and which involves a high degree of probability that such harm will result.
[31-4812, added 1990, ch. 221, sec. 1, p. 588; am. 2003, ch. 290, sec. 8, p. 791.]
(1) As used in this section:
(a) "Consumer" means a person who purchases prepaid wireless telecommunications service in a retail transaction;
(b) "Prepaid wireless E911 fee" means the fee imposed by subsection (2)(a) of this section on prepaid wireless telecommunications service that is required to be collected by a seller from a consumer;
(c) "Prepaid wireless telecommunications service" means a wireless telecommunications service that allows a caller to dial 911 to access the 911 system, which service must be paid for in advance and is sold in predetermined units or dollars;
(d) "Provider" means a person that provides prepaid wireless telecommunications service pursuant to a license issued by the federal communications commission;
(e) "Retail transaction" means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale;
(f) "Seller" means a person who sells prepaid wireless telecommunications service to another person;
(g) "Tax commission" means the Idaho state tax commission.
(2) (a) There is hereby imposed a prepaid wireless E911 fee in the amount of two and one-half percent (2.5%) of the sales price on each retail transaction.
(b) The prepaid wireless E911 fee shall be collected by the seller from the consumer with respect to each retail transaction occurring in this state. The amount of the prepaid wireless E911 fee shall be either separately stated on an invoice, receipt or other similar document that is provided to the consumer by the seller, or otherwise disclosed to the consumer.
(c) For purposes of paragraph (b) of this subsection, a retail transaction is considered to have occurred in Idaho if:
(i) The retail transaction is effected in person by the customer at a seller’s location in Idaho;
(ii) When subparagraph (i) of this paragraph does not apply, the prepaid wireless telecommunications service is delivered to the subscriber at an Idaho address provided to the retailer;
(iii) When subparagraphs (i) and (ii) of this paragraph do not apply, the retailer’s records that are maintained in the ordinary course of business indicate that the subscriber’s address is in Idaho and the records are not made or kept in bad faith;
(iv) When subparagraphs (i) through (iii) of this paragraph do not apply, the subscriber gives an Idaho address during the consummation of the sale, including the subscriber’s payment instrument if no other address is available, and the address is not given in bad faith;
(v) When subparagraphs (i) through (iv) of this paragraph do not apply, the subscriber’s mobile telephone number is associated with an Idaho location.
(d) The prepaid wireless E911 fee is the liability of the consumer and not of the seller or of any provider, except that the seller shall be liable to remit all prepaid wireless E911 fees that the seller collects or is required to collect from consumers as provided pursuant to the provisions of this section, including all such fees that the seller is deemed to collect where the amount of the fee has not been separately stated on an invoice, receipt or other similar document provided to the consumer by the seller.
(e) The amount of the prepaid wireless E911 fee that is collected by a seller from a consumer, if such amount is separately stated on an invoice, receipt or other similar document provided to the consumer by the seller, shall not be included in the base for measuring any tax, fee, surcharge or other charge that is imposed by this state, any political subdivision of this state or any intergovernmental agency.
(f) The prepaid wireless E911 fee shall be proportionately increased or reduced, as applicable, upon any change to the fees imposed pursuant to the provisions of sections 31-4804 and 31-4819, Idaho Code. The amount of the prepaid wireless E911 fee shall be the percentage calculated by adding the amounts authorized pursuant to the provisions of sections 31-4804 and 31-4819, Idaho Code, and then dividing such sum by fifty dollars ($50.00). Such increase or reduction shall be effective on the effective date of the change to the fees imposed pursuant to the provisions of sections 31-4804 and 31-4819, Idaho Code, or if later, the first day of the first calendar month to occur at least sixty (60) days after the enactment of the change to fees imposed pursuant to the provisions of sections 31-4804 and 31-4819, Idaho Code. The tax commission shall provide not less than thirty (30) days of advance notice of such increase or reduction on its website.
(g) When prepaid wireless telecommunications service is sold with one (1) or more other products or services for a single, nonitemized price, then the percentage specified in paragraph (a) of this subsection shall apply to the entire nonitemized price unless the seller elects to apply such percentage to:
(i) If the amount of the prepaid wireless telecommunications service is disclosed to the consumer as a dollar amount, such dollar amount; or
(ii) If the seller can identify the portion of the price that is attributable to the prepaid wireless telecommunications service by reasonable and verifiable standards from its books and records that are kept in the regular course of business for other purposes including, but not limited to, non-tax purposes, such portion. Provided however, if a minimal amount of prepaid wireless telecommunications service is sold with a prepaid wireless device for a single, nonitemized price, then the seller may elect not to apply the percentage specified in paragraph (a) of this subsection to such transaction. For purposes of this subparagraph, an amount of service denominated as ten (10) minutes or less, or five dollars ($5.00) or less, is minimal.
(3) (a) Prepaid wireless E911 fees collected by sellers shall be remitted to the tax commission at the times and in the manner provided by chapter 36, title 63, Idaho Code, with respect to the sales tax. The tax commission shall establish registration, reporting and payment procedures that substantially coincide with the registration and payment procedures that apply to the sales tax pursuant to the provisions of chapter 36, title 63, Idaho Code.
(b) A seller shall be permitted to deduct and retain three percent (3%) of prepaid wireless E911 fees that are collected by the seller from consumers.
(c) The following provisions of chapter 36, title 63, Idaho Code, with respect to sales tax shall apply to the prepaid wireless E911 fee:
(i) Audit and appeal procedures;
(ii) Collection, enforcement, penalties and interest; and
(iii) Statute of limitations and refunds of fees paid erroneously.
The tax commission shall have the authority to promulgate administrative rules applicable to the prepaid wireless E911 fee. Such rules shall, to the extent practicable, minimize administrative burdens on sellers by incorporating existing provisions of chapter 36, title 63, Idaho Code, that apply to audits, appeals, collection, enforcement, penalties, interest, statute of limitations and refunds of fees paid erroneously.
(d) The tax commission shall establish procedures by which a seller of prepaid wireless telecommunications service may document that a sale is not a retail transaction, which procedures shall substantially coincide with the procedures for documenting sale for resale transactions pursuant to the provisions of chapter 36, title 63, Idaho Code, with respect to the sales tax.
(e) The tax commission shall distribute revenue from the prepaid wireless E911 fees as follows:
(i) An amount of money shall be distributed to the state refund account sufficient to pay current refund claims. All refunds authorized under this chapter by the tax commission shall be paid through the state refund account; and
(ii) Pay all remaining remitted prepaid wireless E911 fees over to the Idaho emergency communications fund provided for in section 31-4818(1), Idaho Code, within thirty (30) days of receipt.
The tax commission may deduct an amount, not to exceed two percent (2%) of remitted fees, to reimburse its actual costs of administering the collection and remittance of prepaid wireless E911 fees. The tax commission may also retain an amount, not to exceed seventy thousand dollars ($70,000), of remitted revenues in the fiscal year 2014 only for programming and one-time implementation costs.
(4) Each provider and seller of prepaid wireless telecommunications service is covered by the liability provisions of section 31-4812, Idaho Code.
(5) The prepaid wireless E911 fee imposed pursuant to this section shall be the only E911 funding obligation imposed with respect to prepaid wireless telecommunications service in this state, and no tax, fee, surcharge or other charge shall be imposed by this state, any political subdivision of this state or any intergovernmental agency, for E911 funding purposes, upon any provider, seller or consumer with respect to the sale, purchase, use or provision of prepaid wireless telecommunications service.
[31-4813, added 2003, ch. 290, sec. 9, p. 791; am. 2007, ch. 340, sec. 4, p. 999; am. 2013, ch. 224, sec. 2, p. 525.]
All data submitted to governing boards by wireless carriers deemed by such carriers as confidential and proprietary shall be deemed to be trade secrets pursuant to chapter 1, title 74, Idaho Code.
[31-4814, added 2003, ch. 290, sec. 9, p. 791; am. 2015, ch. 141, sec. 57, p. 420.]
(1) There is hereby created in the military division an Idaho public safety communications commission (hereinafter referred to as "the commission") with the purposes identified in section 31-4801(2)(d), Idaho Code.
(2) Notwithstanding any other provision of law to the contrary, the commission shall, upon being constituted, exercise its powers and duties in accordance with the provisions of this section relative to consolidated emergency communications and interoperable public safety communications and data systems in this state established by enactment of the legislature or by private act.
(3) All members of the commission will be appointed by the governor and will serve at the pleasure of the governor.
(4) The commission shall be composed of eighteen (18) voting members. The statewide interoperability coordinator of the Idaho office of emergency management will not be a member of the commission, but shall report quarterly to the commission.
(5) Appointment by the governor will include the following voting members:
(a) The director of the Idaho office of emergency management or a designated representative and the director of the Idaho state police or a designated representative.
(b) The chair of the Idaho technology authority and one (1) legislator selected by joint approval from the speaker of the house of representatives and the president pro tempore of the senate.
(c) The governor will receive suggested names of candidates and alternates for representation from the following and will appoint at his own discretion one (1) representative as a voting member from each: one (1) member representing the association of Idaho cities, one (1) member representing the Idaho association of counties, two (2) members representing the Idaho sheriffs’ association, one (1) member representing the Idaho chiefs of police association, one (1) member representing the Idaho fire chiefs association, one (1) member representing the Idaho health and welfare department’s state emergency medical services communications center, and one (1) member representing the Native American tribes of the state.
(d) Six (6) district interoperable governance board (DIGB) representatives. Each district shall select from the following to represent its district: a county commissioner, sheriff, mayor, chief of police, fire service chief, public safety answering point manager, public safety technology manager or emergency medical services manager.
(6) Commission representatives shall be appointed by the governor as follows:
(a) Each association, entity or DIGB shall select one (1) primary and one (1) alternate candidate to represent the association, entity or DIGB. Following administrative procedures guidelines, both names shall be submitted to the administrative agency responsible for these tasks, which is the Idaho office of emergency management, within thirty (30) days after a term expires or a vacancy occurs. The Idaho office of emergency management will then forward each entity’s names to the governor for consideration and appointment to the commission.
(b) Should any association, entity or DIGB fail to submit the names of the candidate and the alternate as directed in this subsection, the commission shall select a candidate and alternate from the association, entity or district and submit those names to the governor for consideration and appointment to the commission.
(7) Except as provided in this subsection, members of the commission shall be appointed to a term of four (4) years. The following members shall be appointed to an initial term of two (2) years: the member representing the Idaho fire chiefs association, the member representing the Idaho chiefs of police association, one (1) member representing the Idaho sheriffs’ association, the member representing the Idaho department of health and welfare emergency medical services communications center, the member representing the Native American tribes, the member from the state legislature, the chair of the Idaho technology authority, and the representatives of DIGBs one, three and five. The remaining members appointed by the governor shall be appointed for an initial term of four (4) years. Thereafter, all terms shall be for a period of four (4) years.
(8) The commission shall recommend to the governor a list of candidates to be appointed to a four (4) year term as chair. The governor shall appoint the chair from the list of candidates. The commission shall elect a vice chair and such officers as it may deem necessary and appropriate. The commission shall meet at least annually and at the call of the chair. Members of the commission shall be compensated as provided in section 59-509(b), Idaho Code. Compensation shall be paid from the emergency communications fund created in section 31-4818, Idaho Code.
[31-4815, added 2004, ch. 325, sec. 2, p. 974; am. 2007, ch. 292, sec. 1, p. 828; am. 2016, ch. 127, sec. 5, p. 369; am. 2022, ch. 111, sec. 19, p. 379.]
The responsibilities of the commission are to:
(1) Determine the status and operability of consolidated emergency communications systems and interoperable public safety communications and data systems statewide;
(2) Determine the needs for the upgrade of consolidated emergency communications systems and interoperable public safety communications and data systems;
(3) Determine the costs for the upgrades;
(4) Recommend guidelines and standards for operation of consolidated emergency communications systems and interoperable public safety communications and data systems;
(5) Recommend funding mechanisms for future implementation of upgrades;
(6) Serve as a conduit for the future allocation of federal grant funds to support the delivery of consolidated emergency communications systems and interoperable public safety communications and data systems;
(7) Serve as the statewide interoperability executive committee (SIEC) for issues related to public safety communications and data communication. Such issues may involve the federal communications commission, national telecommunications information administration and first responder network authority;
(8) Perform an annual review of the statewide communications interoperability plan and provide the statewide interoperability coordinator with guidance to improve operational and interoperable communications in the state;
(9) Designate working groups or subcommittees as appropriate, which may include consolidated emergency communications, information technology, cross-jurisdictional relations with Native American tribes, interoperable public safety communications and data systems, the national public safety broadband network or future technologies, and others as deemed necessary by the commission;
(10) Report annually to the legislature of the state of Idaho on the planned expenditures for the next fiscal year, the collected revenues and moneys disbursed from the fund and programs or projects in progress, completed or anticipated;
(11) Enter into contracts with experts, agents, employees or consultants as may be necessary to carry out the purposes of this chapter;
(12) Assist public safety communications stakeholders in the establishment of consolidated emergency communications systems and public safety communications and data systems, and to provide the governance structure through which public safety communications stakeholders can collaborate to advance consistency and common objectives;
(13) Provide integrated facilitation and coordination for cross-jurisdictional consensus building;
(14) Assist in the standardization of agreements for sharing resources among jurisdictions with emergency response communications infrastructure;
(15) Suggest best practices, performance measures and performance evaluation in the integrated statewide strategic planning and implementation of interoperability;
(16) Manage funds as authorized by this chapter;
(17) Pursue budget authorizations for interoperable public safety communications and data systems; and
(18) Promulgate rules pursuant to the provisions of chapter 52, title 67, Idaho Code, to carry out the purposes of the commission’s duties.
[31-4816, added 2004, ch. 325, sec. 2, p. 975; am. 2016, ch. 127, sec. 6, p. 370.]
In the event that a dispute arises between local government entities over the governance of operations of consolidated emergency communications systems and interoperable public safety communications and data systems, those local governments shall be required, prior to initiating any legal action, to submit the contested issue or issues to the commission for purposes of mediation. The commission shall have sixty (60) days from the date of submission of any issues to mediate and recommend a course of action to the local governments involved in the dispute. Any recommendation of the commission shall be advisory only and shall not be binding on the parties involved. After receipt of any recommendation by the commission, the local governments may accept in whole or in part the recommendations or may initiate legal action as provided by contract or law.
[31-4817, added 2004, ch. 325, sec. 2, p. 975; am. 2016, ch. 127, sec. 7, p. 371.]
(1) There is hereby created within the treasury of the state of Idaho a separate fund known as the Idaho emergency communications fund, which shall consist of moneys received from counties, cities, consolidated emergency communications operations, the fee imposed pursuant to the provisions of section 31-4813, Idaho Code, grants, donations, gifts and revenues from any other source to support the delivery of consolidated emergency communications systems.
(2) Moneys in the fund are hereby continuously appropriated and shall be utilized exclusively for the purposes set forth in this chapter as determined by the commission.
(3) Annually, at the direction of the commission, not more than one percent (1%) of the total emergency communications fees collected in the state of Idaho is hereby dedicated for and shall be placed in the fund on a quarterly basis by county, city or consolidated emergency communications systems. The commission, on an annual basis, shall prepare a budget indicating that portion of the fee necessary for the continuous operation of the commission to achieve the purposes of this chapter.
(4) The commission shall authorize disbursement of moneys in the fund to eligible entities.
(5) The state treasurer shall invest idle moneys in the fund and interest earned from such investments shall be returned to the fund.
(6) Funds received from the fee imposed pursuant to the provisions of section 31-4813, Idaho Code, shall be distributed quarterly to each governing board based upon population served, excluding one percent (1%) to be used for administration of the emergency communications commission as described in this section.
(7) This act is necessary for the immediate preservation of the public peace, health, safety or support of the state government and its existing public institutions and takes effect January 1, 2014.
[31-4818, added 2004, ch. 325, sec. 2, p. 976; am. 2008, ch. 379, sec. 1, p. 1048; am. 2013, ch. 224, sec. 3, p. 528.]
(1) On and after July 1, 2013, there shall be an enhanced emergency communications grant fee established by virtue of authority granted by this chapter. The fee shall be twenty-five cents (25¢) per month per access or interconnected VoIP service line.
(a) Such fee shall be authorized by resolution of a majority vote of the board of commissioners of a countywide system or by the governing board of a 911 service area.
(b) Such fee shall be remitted to the Idaho emergency communications fund provided in section 31-4818(1), Idaho Code, on a quarterly basis by county, city or consolidated emergency communications systems. Annually, at the discretion of the commission, a budget shall be prepared allocating a portion of the available grant funds for administration of the grant program. The remaining grant funds shall be dedicated for and shall be authorized for disbursement as grants to eligible entities that are operating consolidated emergency communications systems for use to achieve the purposes of this chapter. Grant funds shall coincide with the strategic goals as identified by the commission in its annual report to the legislature. Grant funds may also be budgeted for and utilized for the establishment of next generation consolidated emergency systems (NG911) within the state.
(2) The commission, on an annual basis, shall prepare a budget allocating the grant funds available to eligible entities and the portion of the funds necessary for the continuous operation of the commission to achieve the purposes of this chapter.
(3) To be eligible for grant funds under this chapter, a county or 911 service area must be collecting the emergency communications fee in accordance with section 31-4804, Idaho Code, in the full amount authorized and must also be collecting the enhanced emergency communications grant fee in the full amount authorized in this subsection.
(4) If a county or 911 service area has authorized the collection of the enhanced emergency communications grant fee pursuant to this chapter, such county or 911 service area shall retain the full amount of the emergency communications fee that was set by the board of commissioners or governing board pursuant to section 31-4803, Idaho Code. The county or 911 service area is then also exempt from remitting to the Idaho public safety communications commission one percent (1%) of the total emergency communications fee received by the county or 911 service area as required in section 31-4818(3), Idaho Code. The remaining funds from the enhanced emergency communications grant fee collected shall then be remitted by the county or 911 service area to the Idaho public safety communications commission.
[31-4819, added 2008, ch. 379, sec. 2, p. 1049; am. 2013, ch. 260, sec. 1, p. 636; am. 2014, ch. 97, sec. 21, p. 285; am. 2016, ch. 127, sec. 8, p. 372.]
(1) There is hereby created within the treasury of the state of Idaho a separate fund known as the Idaho public safety interoperable communications and data systems fund. This fund may consist of moneys received from the state, counties, cities, grants, donations, gifts and other revenues.
(2) Moneys in the fund are hereby continuously appropriated and shall be utilized exclusively for the purposes set forth in this chapter.
(3) Annually, at the direction of the commission, a budget shall be prepared allocating a portion of the available funds for administration of the public safety interoperable communications and data systems programs, for the purposes of this section.
[31-4820, added 2016, ch. 127, sec. 9, p. 373.]
The commission may, with consensus of the governor and legislature of the state of Idaho, create positions including, but not limited to, executive director, 911 program manager, 911 grants manager, statewide interoperability coordinator, national public safety broadband network program manager, or other administrative support positions as required to carry out the provisions of this chapter. In accordance with the law of the state of Idaho, and striving to keep administrative costs to a minimum, the commission may hire, fix the compensation and prescribe the powers and duties of such individuals.
[31-4821, added 2016, ch. 127, sec. 10, p. 373.]
(1) The legislature hereby finds and declares that the disposal of solid waste and domestic septage within the state of Idaho is an important public purpose, and that the creation of independent regional districts to administer solid waste or domestic septage disposal is an efficient and cost-effective method of meeting the state’s solid waste or domestic septage disposal needs.
(2) The purpose of this chapter is to enable counties to establish regional solid waste or domestic septage districts for the purpose of providing a regional solution to the problem of solid waste or domestic septage disposal through the operation and maintenance of a regional solid waste or domestic septage system.
(3) The foregoing purpose is hereby declared to be a valid public purpose within the police powers of the state of Idaho.
[31-4901, added 1990, ch. 390, sec. 1, p. 1085; am. 2001, ch. 175, sec. 2, p. 596.]
As used in this chapter:
(1) "Act" or "this act" means this regional solid waste or domestic septage district act.
(2) "Commissioners" means the board of commissioners of each county within a district.
(3) "District" means a regional solid waste or domestic septage district created pursuant to this chapter.
(4) "District board" means the board of directors of a district.
(5) "Domestic septage" means either liquid or solid material removed from a septic tank, cesspool, portable toilet, type III marine sanitation device, or similar treatment works that receive only domestic sewage. Domestic septage does not include liquid or solid material removed from septic tanks, cesspools, or similar treatment works that receive either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a restaurant.
(6) "Facility" or "facilities" means all equipment and other property, including electrical cogeneration equipment, deemed necessary by the district board for the operation of a solid waste disposal and/or resource recovery system or the operation of domestic septage receiving stations, domestic septage treatment processes and domestic septage disposal methods.
(7) "Participating county" means a county which elects, through action of the commissioners as provided in this chapter, to become a member of a district.
(8) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under 33 U.S.C. 1342, or source, special nuclear, or byproduct material as defined by the atomic energy act of 1954, as amended.
(9) "State" means the state of Idaho.
(10) "System" means all components of solid waste operations including, but not limited to, landfill compliance measures, landfill disposal operations, regional transfer operations, domestic septage receiving stations, domestic septage disposal methods, domestic septage treatment operations and resource recovery and management, on any site or sites acquired, constructed, operated, or managed by a district.
[31-4902, added 1990, ch. 390, sec. 1, p. 1086; am. 2001, ch. 175, sec. 3, p. 596.]
Any two (2) or more counties within the state may establish an independent public body corporate and politic to be known as a regional solid waste or domestic septage district (with such additional designation as the district board may select), consisting of such counties as may elect, by resolution of the commissioners of such counties, to become participating counties of such district. The boundaries of a district shall be coterminous with the boundaries of the participating counties. Counties within a district need not be contiguous to each other. No district shall transact any business nor exercise any powers hereunder until or unless the commissioners of two (2) or more of such counties, by resolution, shall declare their intent to participate in a district. Any county which does not so elect to become a participating county shall not be subject to the provisions of this chapter.
In any suit, action, or proceeding involving or relating to any contract, resolution, regulation, or other action of a district, the district shall be conclusively deemed to have been organized and authorized to transact business and to exercise its powers hereunder upon proof of the adoption of a resolution by the commissioners of not less than two (2) counties as provided hereinabove. A duly certified copy of any such resolution shall be admissible in evidence in any suit, action, or proceeding.
A district created pursuant to this chapter shall not be deemed to be an agency of the state of Idaho nor of any of its political subdivisions for purposes of article VIII of the Idaho constitution.
[31-4903, added 1990, ch. 390, sec. 1, p. 1086; am. 2001, ch. 175, sec. 4, p. 597.]
A district shall be governed by a board of directors consisting of not less than three (3) members, hereinafter referred to as the district board, which shall be vested with the authority, control and supervision of the district. The district board shall consist of one (1) commissioner from each participating county, appointed by the commissioners of the participating county. If the district includes only two (2) counties, the commissioners of the two (2) participating counties shall jointly appoint a third member of the district board. Ex officio, nonvoting members may be appointed by the district board. The district board shall designate one (1) of its members as president, shall appoint a treasurer, who need not be a member of the district board, and shall establish such other officers as it deems necessary. The district board shall adopt bylaws for its own operation and establish such regular meeting dates and times as it shall deem necessary. A majority of the voting members of the district board shall constitute a quorum, and a majority of the quorum present shall be sufficient to take any action. A member of the district board shall serve for a two (2) year term and may be reappointed by the commissioners appointing such member. Any member may be removed by the commissioners who originally appointed such member, at any time and for any reason. Any vacancy shall be filled by the original appointing commissioners. Members of a district board shall serve without compensation, but may be reimbursed for their actual expenses incurred in attending board meetings or conducting other district business under such rules as the district board may adopt. Regular and special meetings of a district board shall be conducted in compliance with chapter 2, title 74, Idaho Code.
[31-4904, added 1990, ch. 390, sec. 1, p. 1087; am. 2015, ch. 141, sec. 58, p. 421.]
No member of a district board, employee, or agent of a district shall acquire any interest in any property or contract of the district.
[31-4905, added 1990, ch. 390, sec. 1, p. 1087.]
A district board shall have and may exercise the following powers and duties:
(1) To sue and be sued;
(2) To develop and administer a system for the regional disposal of solid waste, domestic septage and/or resource recovery within the district;
(3) To authorize any action by motion, resolution, or other official action;
(4) To administer and enforce all solid waste or domestic septage regulations and standards of the district;
(5) To determine the location of its main office and branch offices, if any;
(6) To acquire, hold title to, lease, mortgage or encumber, dispose of, and pledge real and personal property and to acquire, construct, or lease buildings, structures, and solid waste or domestic septage disposal and resource recovery sites and equipment as may be deemed necessary to fulfill its duties, and to have and exercise the power of eminent domain therefor;
(7) To sell, convey, lease or dispose of any property, real or personal, with or without competitive bid, upon such terms and conditions and for such consideration as the district board deems appropriate;
(8) To acquire, construct, operate, and maintain any facilities within the district, and to enter into contracts and agreements, cooperative and otherwise, affecting the affairs of the district, including contracts with the United States of America and any of its agencies or instrumentalities, the state and any of its agencies or instrumentalities, any corporation or person, public or private, any municipality, and any political or governmental subdivision, within or without the state, and to cooperate with any one (1) or more of them in acquiring, constructing, operating, or maintaining a system or facilities within the district;
(9) To acquire, maintain, and operate, as an incident to solid waste disposal or domestic septage, electrical cogeneration facilities, to sell electricity to any person or entity, and to enter into contracts therefor;
(10) To receive moneys and property from participating counties and to receive gifts, grants, and donations from any person or entity, to expend the same for the purposes of the district, to pledge the same for the payment of any indebtedness, to deposit moneys in accordance with the public depository laws of the state, and to invest moneys of the district in investments permitted under sections 67-1210 and 67-1210A, Idaho Code;
(11) To borrow money and incur indebtedness, and to evidence the same by notes, warrants, bonds, or other evidence of indebtedness;
(12) To have the management, control, and supervision of all the business and affairs of the district;
(13) To hire an administrator and provide for the compensation of other employees of the district, and to retain agents, engineers and consultants;
(14) To retain or employ regular legal counsel, and to retain such special legal counsel as may be deemed necessary;
(15) To fix and to increase or decrease rates, fees, tolls, or charges for the use or availability of the facilities of the district;
(16) To adopt rules, regulations, and standards, consistent with state and federal laws and regulations, for the use of the district’s system and facilities;
(17) To maintain civil actions for the abatement of any violation of any of the district’s rules, regulations, or standards;
(18) To insure its property and to enter into contracts for insurance, including, but not limited to, liability insurance;
(19) To exercise all or any part or combination of the powers set forth in this chapter, and to do all things necessary or incidental to the proper operation of this chapter.
[31-4906, added 1990, ch. 390, sec. 1, p. 1087; am. 2001, ch. 175, sec. 5, p. 597.]
The fiscal year of a district shall commence on October 1 of each year and shall end on September 30 of the following year.
The district board shall prepare, by the first Monday in July of each year, a preliminary budget for the district and an estimate of costs to be apportioned to each participating county for the ensuing year. A copy of the preliminary budget, showing the amount of costs to be allocated to each participating county, shall be distributed to each participating county by July 15 of each year.
On or before the first Monday in August, there shall be held at a time and place determined by the district board a meeting and public hearing upon the proposed budget of the district. Notice of the meeting and public hearing shall be published in a newspaper of general circulation in each participating county, in one (1) issue thereof. The place, hour, and day of such hearing shall be specified in said notice, as well as the place where such budget may be examined prior to such hearing. A summary of such proposed budget shall be published with and as a part of the publication of such notice of hearing in substantially the form required in section 31-1604, Idaho Code.
On or before August 15 of each year a budget for the district shall be approved by the district board and certified to each county. Such determination shall be binding upon all counties within the district and the district itself.
A district may establish operating funds, dedicated funds, bond and sinking funds, and such other funds as the district board may designate, and may accumulate and carry over funds from year to year as the district board shall direct. Such funds may be utilized for any lawful purpose of the district including, but not limited to, compliance with federal and state environmental protection laws and regulations.
[31-4907, added 1990, ch. 390, sec. 1, p. 1088.]
Any costs of the district for the ensuing year, in excess of the fees and other revenues anticipated to be received directly by the district, shall be allocated to the participating counties in accordance with the annual budget approved by the district board. Costs shall be allocated on a per capita, weight, or volume basis, or any combination thereof designed to achieve an equitable distribution of costs in relation to the benefits derived to each county. Any participating county may finance its share of such costs in accordance with section 31-4404, Idaho Code. It shall be the duty of each participating county to remit its apportioned amount to the district at such time or times as specified in the annual budget approved by the district board.
[31-4908, added 1990, ch. 390, sec. 1, p. 1089.]
A district shall have no power to levy property taxes. Nothing herein shall be deemed as limiting or prohibiting the power of any participating county to levy property taxes for the purposes authorized in section 31-4404, Idaho Code.
[31-4909, added 1990, ch. 390, sec. 1, p. 1089.]
A district shall have power to issue bonds or other obligations including, without limitation, installment purchase or lease-purchase obligations, from time to time in the discretion of the district board, for any of its corporate purposes. A district shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued or other indebtedness previously incurred by it. In order to carry out the purposes of this chapter, a district may issue, upon proper resolution, bonds or other obligations on which the principal and interest are payable (a) exclusively from the income and revenue of a project financed with the proceeds of such bonds or other obligations; or (b) exclusively from such income and revenues together with grants and contributions from the federal government or other moneys of the district or any source in aid of such project.
Neither the members of the district board nor any person executing the bonds shall be liable personally on the bonds or other obligations by reason of the issuance thereof. The bonds and other obligations of a district (and such bonds and obligations shall so state on their face) shall not be a debt or liability, direct or indirect, of the district, the state, or any political subdivision thereof, and neither the district, the state, nor any political subdivision thereof shall be liable thereon, nor in any event shall such bonds or obligations be payable out of any funds other than those of the district. Bonds of a district are declared to be issued for an essential public and governmental purpose, and the interest thereon shall be exempt from income taxation by the state of Idaho.
[31-4910, added 1990, ch. 390, sec. 1, p. 1089.]
When the district board shall find the proposed project or projects to be necessary for the proper operation of the district and economically feasible and such finding is recorded in its minutes, the bonds therefor shall be authorized by resolution of the district board. The bonds may be issued in one (1) or more series, may bear such date or dates, may be in such denomination or denominations, may mature at such time or times, not exceeding forty (40) years from the respective dates thereof, may mature in such amount or amounts, may bear interest at such rate or rates to be determined by the district board, may be in such form, may carry such registration and such conversion privileges, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption, with or without premium, as such resolution or other resolutions may provide. The bonds may be sold at a public or private sale at, above, or below par, as shall be determined by the district board, plus accrued interest, in a manner to be provided by the district board. The bonds shall be fully negotiable within the meaning and for all purposes of the uniform commercial code.
[31-4911, added 1990, ch. 390, sec. 1, p. 1090.]
In connection with the issuance of bonds or the incurring of other indebtedness, and to secure the payment of the same, the district board shall have the power:
(1) To pledge all or any part of its fees and revenues from any source;
(2) To covenant against pledging all or any part of its fees and revenues, or against permitting any lien on such fees, revenues, or property;
(3) To covenant as to the bonds or other indebtedness to be issued and as to the use and disposition of the proceeds thereof;
(4) To establish and fund reserves for the payment of such bonds or indebtedness;
(5) To enter into credit enhancement arrangements including, but not limited to, letters of credit, reimbursement and remarketing agreements, and bond insurance policies;
(6) To make such covenants as will tend to make such bonds or indebtedness more marketable, notwithstanding that such covenants may not be enumerated herein.
[31-4912, added 1990, ch. 390, sec. 1, p. 1090.]
No direct or collateral action attacking or questioning the validity of any bonds or other indebtedness of a district shall be brought after the elapse of forty (40) days from and after the adoption of the resolution authorizing the issuance of such bonds or the incurring of such indebtedness.
[31-4913, added 1990, ch. 390, sec. 1, p. 1091.]
In the acquisition, construction, siting or other location of any facilities of a district, the district shall be subject to and shall comply with applicable zoning and building laws, ordinances and regulations of the governmental entity having jurisdiction over such location.
[31-4914, added 1990, ch. 390, sec. 1, p. 1091.]
In the acquisition of public works or property, other than real property, a district shall comply with the competitive bid requirements applicable to counties of the state.
[31-4915, added 1990, ch. 390, sec. 1, p. 1091.]
Any county, city, other political subdivision, public or quasi-public entity, and the state and any agency or department thereof, shall have the power to sell, convey or transfer with or without consideration, or to lease, for any term and upon any consideration, any property, real or personal, to a district.
[31-4916, added 1990, ch. 390, sec. 1, p. 1091.]
No participating county shall acquire, construct or operate, or continue the operation of, any landfill site, domestic septage receiving stations, or any facility for the recovery of resources or the disposal of solid waste or domestic septage, without the consent of the district board, after a solid waste disposal, or domestic septage receiving station, or resource recovery facility of a district is operational. The foregoing restriction shall not apply to a resource recovery facility which was operational at, or which becomes operational within six (6) months after, the date of establishment of the district. The district board may establish exceptions, consistent with applicable federal and state laws and regulations, to this requirement. The commissioners of the participating counties shall take all actions necessary to require that all solid waste or domestic septage collected within their respective jurisdictions be delivered to the district’s solid waste or domestic septage disposal or resource recovery site or sites.
[31-4917, added 1990, ch. 390, sec. 1, p. 1091; am. 2001, ch. 175, sec. 6, p. 599.]
Each participating county shall be liable for the payment of its allocated costs pursuant to section 31-4908, Idaho Code. Each participating county shall be liable for environmental costs only to the extent provided in the comprehensive environmental response compensation and liability act of 1980, as the same now exists or may hereafter be amended, or to the extent provided in other applicable state or federal laws.
[31-4918, added 1990, ch. 390, sec. 1, p. 1091.]
Any county which is not a participating county of a district may, with the consent of the district board and the consent of the commissioners of a majority of the participating counties, become a participating county of a district by adoption of a resolution in accordance with section 31-4903, Idaho Code.
[31-4919, added 1990, ch. 390, sec. 1, p. 1091.]
A participating county may, with the consent of the commissioners of not less than two-thirds (2/3) of the remaining participating counties, expressed by resolution, withdraw from a district. A county withdrawing from a district shall not be entitled to reimbursement of any funds or to any proportionate share of the property of the district.
[31-4920, added 1990, ch. 390, sec. 1, p. 1092.]
A district may be dissolved by the unanimous action, expressed by resolution of the commissioners, of the participating counties; provided, that no dissolution shall occur while any indebtedness of the district remains outstanding unless provision for the payment of all such indebtedness first be duly made.
[31-4921, added 1990, ch. 390, sec. 1, p. 1092.]
(1) The purpose of this act is to establish optional forms of county government in compliance with section 12, article XVIII of the Idaho constitution. In addition to the original three (3) member board of county commissioners form of county government authorized by the constitution and laws of the state of Idaho before the enactment of section 12, article XVIII of the Idaho constitution, the following shall be the exclusive optional forms of county government:
(a) The commission-executive, as authorized in chapter 52, title 31, Idaho Code;
(b) The commission-manager, as authorized in chapter 53, title 31, Idaho Code;
(c) The three-member board of county commissioners with changes in other county offices, as authorized in chapter 54, title 31, Idaho Code;
(d) The five-member board of county commissioners, as authorized in chapter 55, title 31, Idaho Code;
(e) The seven-member board of county commissioners, as authorized in chapter 56, title 31, Idaho Code;
(f) Consolidation of offices among counties, with all other characteristics of the government of each participating county to remain unchanged, as authorized in chapter 57, title 31, Idaho Code.
(2) The adoption of an optional form of county government shall not relieve a county from the performance of the duties and responsibilities imposed upon the county, the board of county commissioners or any elected officer of the county by the constitution and laws of the state of Idaho.
[31-5001, added 1996, ch. 283, sec. 1, p. 917.]
(1) This act shall be known and may be cited as the "Optional Forms of County Government Act."
(2) The provisions of chapters 50 and 51, title 31, Idaho Code, shall apply to chapters 52 through 57, title 31, Idaho Code.
[31-5002, added 1996, ch. 283, sec. 1, p. 918.]
As used in chapters 50 through 57, title 31, Idaho Code:
(1) "Governing body" shall mean the board of county commissioners of the county or other legislative body governing the county under an optional form of county government approved by the electors of the county.
(2) "Officer" shall mean a member of the board of county commissioners, the clerk of the district court, ex officio auditor and recorder, the county treasurer, ex officio tax collector and public administrator, the county assessor, the county sheriff, the county coroner, the county prosecutor, or the holder of any other office of the county approved by the electors upon the adoption of an optional form of government.
(3) "Optional form of county government" shall mean any optional form of county government authorized by chapters 50 through 57, title 31, Idaho Code, or any subsequent act of the legislature.
(4) "Study commission" shall mean the body which may be appointed to review the government of the county and recommend which, if any, optional form of county government should be proposed to the electors.
[31-5003, added 1996, ch. 283, sec. 1, p. 918.]
(1) The governing body of each county shall have the authority to submit to the electors of the county the question of the adoption of an optional form of county government as follows:
(a) The governing body may pass a resolution providing for the submission of the question;
(b) The governing body shall submit the question upon a petition signed by petitioners equal in number to fifteen percent (15%) of the qualified electors voting in the county in the last general election.
(2) A separate petition or resolution shall be required for each optional form of county government proposed.
(3) The petition or resolution to establish an optional form of county government shall contain:
(a) A complete description of the proposed optional form of government as required under the provisions of the chapter pertaining to the form of government proposed to be adopted and under any other provisions of this act;
(b) A description of the effect of adopting the option upon any incumbents;
(c) A statement that if an optional form is adopted the question to return to the previous form or any other optional form of county government may be placed at subsequent elections but not more frequently than every four (4) years.
(4) The question of adopting an optional form of county government shall be submitted at the general election.
(5) The provisions of section 34-1801C, Idaho Code, shall govern the requirements for signatures, verification of valid petitions, printing and review of petitions, and time limits, unless expressly modified by other provisions of this act. The petition must be certified as provided in section 34-1801C, Idaho Code, prior to September 1 of the year of the general election at which the question of adopting the optional form of government proposed by the petition is to appear on the ballot.
[31-5004, added 1996, ch. 283, sec. 1, p. 918; am. 2018, ch. 238, sec. 5, p. 561.]
(1) The question of adopting an optional form of county government shall be submitted to the electors in substantially the following form:
Vote for one:
In favor of retaining the (name current form of government) form of county government.
In favor of adopting the (name optional form) form of county government.
(2) If more than one (1) optional form of county government is to be presented to the electors the questions shall be submitted in substantially the following form:
Vote for one:
In favor of retaining the (name current form of government) form of county government.
In favor of adopting the (name optional form) form of county government.
Vote for one:
In favor of retaining the (name current form of government) form of county government.
In favor of adopting the (name optional form) of county government.
If a majority of the electors favor more than one (1) option appearing on the ballot, the option receiving the greatest number of votes shall be adopted.
[31-5005, added 1996, ch. 283, sec. 1, p. 919.]
(1) The governing body shall prepare a plan for the orderly transition to an optional form of county government approved by the electors of the county. The development of the plan shall initiate within thirty (30) days after the optional form is approved by the electors and shall be completed within six (6) months.
(2) The governing body may enact and enforce ordinances to bring about an orderly transition to the new form of government, including the transfer of powers, records, documents, properties, assets, funds, liabilities or personnel. These ordinances shall be consistent with the optional form approved and shall be necessary or convenient to place it into full effect. Whenever a question arises concerning transition for which there is no provision, the governing body may provide for the transition by ordinance, rule or resolution not inconsistent with law.
[31-5006, added 1996, ch. 283, sec. 1, p. 920.]
Except as otherwise provided in this chapter or chapters 51 through 57, title 31, Idaho Code:
(1) An elected county officer whose office has become appointive or has been consolidated with another elective or appointive office under an optional form of government shall continue to perform the duties of office until his successor is appointed or elected and qualified. Thereafter the position held by the elected officer shall be deemed abolished.
(2) If the optional form of government consolidating an elective office with another office or making an elective office appointive is approved at an election at which the office was also filled by election, the office shall be declared abolished, the term of office not having commenced prior to the approval of the optional form.
(3) A petition or resolution proposing an optional form of county government may provide that an existing elected officer will continue in office until the end of the term for which he was elected or may provide that an existing elected officer will be retained as a county employee until the end of the term for which he was elected; provided that the person’s salary shall not be reduced except as part of a general salary reduction.
(4) Nothing in this section precludes a former elected official from being appointed or elected to a position in county government.
[31-5007, added 1996, ch. 283, sec. 1, p. 920.]
All ordinances and resolutions in effect at the time the optional form of government becomes effective shall continue in effect until repealed or amended in the manner provided by law.
[31-5008, added 1996, ch. 283, sec. 1, p. 920.]
Adoption of an optional form of county government shall not affect the validity of any bond, debt, contract, obligation or cause of action accrued or established under the prior form of government.
[31-5009, added 1996, ch. 283, sec. 1, p. 920.]
In the event an optional form is adopted, the question whether to return to the original form or adopt any other optional form may be placed at subsequent elections, but not more frequently than each four (4) years.
[31-5010, added 1996, ch. 283, sec. 1, p. 921.]
(1) The board of county commissioners may by resolution appoint a study commission, comprised of not less than five (5) nor more than nine (9) members, to study the existing form of county government, compare it to other optional forms and submit a report and any recommendations for change to the board.
(2) The board of county commissioners shall appoint a study commission upon the submission to it of a petition to appoint a study commission signed by petitioners equal in number to fifteen percent (15%) of the qualified electors voting in the county in the last general election.
(3) The resolution or petition shall state the number of commissioners to be appointed.
[31-5101, added 1996, ch. 283, sec. 2, p. 921.]
A member of a study commission shall be at least twenty-one (21) years of age and shall have resided in the county one (1) year preceding his appointment. Elected officials of the county then serving in office shall not be eligible.
[31-5102, added 1996, ch. 283, sec. 2, p. 921.]
(1) The term of office of a commission member initiates upon his appointment and concludes thirty (30) days after the issuance of the commission’s final report.
(2) The governing body shall fill any vacancies occurring on the commission within thirty (30) days after the vacancy occurs.
(3) Members of the study commission shall serve without compensation, but may be reimbursed for expenses lawfully incurred in the performance of their duties.
[31-5103, added 1996, ch. 283, sec. 2, p. 921.]
(1) The commission shall meet within thirty (30) days of its appointment and shall organize by electing from its members a chairman, a vice-chairman, and a clerk-secretary.
(2) Meetings of the study commission shall be held upon the call of the chairman, the vice-chairman in the absence or inability of the chairman, or a majority of the members. A majority of the members of the study commission constitutes a quorum for the transaction of business.
(3) All meetings, hearings and deliberations of the commission shall be subject to the provisions of chapter 2, title 74, Idaho Code.
(4) The commission may prepare a proposed budget for its operation which shall be submitted to the governing body for approval.
(5) The commission may adopt rules governing its own organization and procedure.
(6) The commission shall keep written records of its proceedings and appropriate financial records. All such records shall be open for public inspection at the offices of the study commission during regular office hours.
(7) Subject to the approval of the governing body, the commission may employ and fix the compensation and duties of necessary research, clerical, legal and other staff.
(8) Upon the request of the chairman of the study commission, the officers and employees of state agencies, other counties and other units of local government shall furnish or make available to the commission such information as may be necessary for carrying out the commission’s function.
(9) The commission may apply for and accept available private, state and federal funds and may accept donations from any source.
(10) A study commission may establish advisory boards and committees, including on them persons who are not members of the study commission.
(11) The governing body shall provide the commission with suitable space and access to county facilities for holding public hearings, may contribute clerical and other assistance to the commission, and shall provide the members and staff of the commission with information and assistance necessary to conduct a complete study of county government.
[31-5104, added 1996, ch. 283, sec. 2, p. 921; am. 2015, ch. 141, sec. 59, p. 421.]
(1) Within one (1) year after its first meeting, the study commission shall submit its final report to the governing body. The commission shall conduct one (1) or more public hearings before submitting the final report to the governing body. The study commission may recommend an optional form or may recommend no changes in county government. The report shall be signed by a majority of the commission members. If the study commission recommends an optional form of county government, the final report shall contain:
(a) A complete description of the optional form of county government proposed, as required under the provisions of the chapter pertaining to the form of government proposed to be adopted and under any other provisions of this act; and
(b) A comparison of the existing form and proposed form of county government, including a statement of the strengths and weaknesses of the existing and proposed plans.
(2) Sufficient copies of the final report shall be prepared for public distribution and must be available not less than sixty (60) days prior to any election on adopting the recommended optional form.
(3) Within thirty (30) days after the commission submits the final report, the governing body shall publish a summary of the findings and recommendations contained in the final report in the official newspaper of the county once each week for two (2) successive weeks. The summary shall indicate where the full text of the final report may be reviewed or obtained. The summary shall include a comparison of the existing form of county government and the proposed optional form.
(4) The commission shall be deemed dissolved within thirty (30) days after it has submitted its final report to the governing body.
[31-5105, added 1996, ch. 283, sec. 2, p. 922.]
(1) If the commission is established by resolution of the governing body and the final report recommends that an optional form of county government be submitted to the electors, the governing body may submit the question at the next succeeding general election. The governing body shall determine whether the question will be submitted within thirty (30) days of receiving the final report and shall make a record of its decision, citing the reasons for any decision not to submit the question to the electors.
(2) If the commission is established by petition and the final report recommends that an optional form of county government be submitted to the electors, the governing body shall submit the question at the next succeeding general election.
[31-5106, added 1996, ch. 283, sec. 2, p. 923.]
The form of government provided in this chapter shall be known as the commission-executive. Each county operating under this form shall be governed by an elected board of county commissioners and an elected executive and the other officers specified in the resolution or petition from the choices provided in sections 31-5209 through 31-5214, Idaho Code.
[31-5201, added 1996, ch. 283, sec. 3, p. 923.]
The executive shall be elected at the general election following the adoption of the commission-executive form of government provided in this chapter.
[31-5202, added 1996, ch. 283, sec. 3, p. 923.]
(1) No person shall be elected to the office of executive unless he has attained the age of twenty-one (21) years at the time of his election, is a citizen of the United States and has resided within the county one (1) year immediately preceding his election.
(2) Each candidate shall file his declaration of candidacy with the county clerk. Each declaration shall have attached thereto a petition which contains the signatures of not less than five (5) nor more than ten (10) qualified electors.
(3) Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of forty dollars ($40.00) which shall be deposited in the county treasury.
(4) The salary of the executive shall be set by the board of county commissioners and cannot be reduced except as a part of a general salary reduction.
(5) The office of the executive shall be deemed vacant as provided in section 59-901, Idaho Code. The vacancy shall be filled according to the provisions of section 59-906A, Idaho Code.
[31-5203, added 1996, ch. 283, sec. 3, p. 923.]
(1) The executive shall be the chief administrative official of the county and shall have all the powers and perform all the duties of an executive and administrative nature vested in, or imposed upon, the county or the board of county commissioners by law or by agreement with any municipality or other subdivision of the state. In addition to such other responsibilities as may be imposed upon him by law the county executive shall:
(a) Report annually to the board of county commissioners and the people on the state of the county. He shall also recommend to the board of county commissioners whatever action or programs he deems necessary for the improvement of the county and the welfare of its residents;
(b) See that the ordinances of the county and the resolutions of the board of county commissioners are complied with and faithfully executed, execute all contracts and conveyances in the name of and on behalf of the county, and provide for the enforcement of all laws of the state subject to his enforcement or the enforcement of officers under his direction and supervision;
(c) Prepare and submit an annual budget for the county to the board of county commissioners. The executive shall be the county budget officer and shall be responsible for the performance of the duties of the county budget officer as provided in chapter 16, title 31, Idaho Code, and any other provisions of law imposing duties upon the county budget officer;
(d) Keep the board of county commissioners fully advised as to the financial condition and needs of the county and make such other reports from time to time as required by the board or as he deems necessary;
(e) Furnish the board of county commissioners with information concerning the operations of county departments, boards or commissions, necessary for the board to exercise its powers or as requested by the board;
(f) Preside over the meetings of the board of county commissioners and determine the order of business subject to any rules the board may prescribe, take part in the discussions, and recommend measures for adoption;
(g) Exercise the executive authority of the county to appoint, supervise, suspend and remove county personnel and make nominations and appointments to additional offices, advisory boards and committees.
(2) The executive may call special meetings of the board of county commissioners, the object of which shall be submitted to the board in writing.
(3) The executive may appoint an administrative assistant, qualified by education and experience, who shall be responsible for the orderly and efficient operation and coordination of the various departments, boards, and commissions of the county.
[31-5204, added 1996, ch. 283, sec. 3, p. 924.]
(1) The executive may sign or veto any ordinance or budget resolution adopted by the board of county commissioners. A veto by the executive may apply to all items or to any specific item of an ordinance or budget resolution appropriating money. Certification of a veto must be made by the executive within ten (10) days of the passage of the ordinance or budget resolution by the board of county commissioners. The board of county commissioners may override the veto by a two-thirds (2/3) vote of all its members called to a special session to consider the veto by a majority of its members.
(2) If the executive fails or refuses to sign any ordinance or budget resolution and return it with his written objections to the board of county commissioners within ten (10) days of the passage of the ordinance or resolution, it shall become law without his signature.
[31-5205, added 1996, ch. 283, sec. 3, p. 925.]
(1) The legislative authority of the county shall be vested in a board of county commissioners comprised of three (3), five (5) or seven (7) members. The petition or resolution shall specify the size of the board of county commissioners and shall indicate the term of office of the commission, as provided in section 31-5207, Idaho Code. In no event shall the term of office of any incumbent member of the board of county commissioners be affected as a result of an increase in the size of the board of county commissioners under the provisions of this chapter.
(2) If the size of the board of county commissioners is increased, at the regular meeting of the board in January, preceding any election of additional county commissioners, the board must divide the county into the number of districts equal to the number of commissioners approved by the electors. The districts established shall be as nearly equal in population as possible. The redrawing of an existing district which places the incumbent county commissioner for that district outside of its boundaries shall not disqualify or otherwise affect the qualifications of the commissioner during his incumbency.
[31-5206, added 1996, ch. 283, sec. 3, p. 925.]
(1) If the size of the board of county commissioners is increased, the additional commissioners shall be elected at the following general election.
(2) Except as provided in subsection (3) of this section, the additional members shall be elected for a term of two (2) years, with the allotment of the four (4) year term between the entire commission to proceed in numerical rotation in accordance with the provisions of section 31-703, Idaho Code.
(3) Notwithstanding the provisions of section 31-703, Idaho Code, or any other provision of law to the contrary, the petition or resolution to adopt the optional form of government provided in this chapter may provide that all members of the board of county commissioners for the county be elected to serve terms of four (4) years. If approved by the electors, the commissioner for each additional district shall be elected to a term of four (4) years and commissioners for existing districts shall be elected to a term of four (4) years upon the expiration of the commissioner’s current term of office.
[31-5207, added 1996, ch. 283, sec. 3, p. 925.]
(1) The resolution or petition to adopt the commission-executive form of government shall further define the structure of the form by including one (1) selection from the choices specified for each of the offices listed in sections 31-5209 through 31-5214, Idaho Code.
(2) If the resolution or petition provides for the election of any new officers, such officers shall be elected at the general election following the adoption of the optional form of county government provided for in this chapter, or such earlier election date, subject to the provisions of section 34-106, Idaho Code, as provided in the petition or resolution.
[31-5208, added 1996, ch. 283, sec. 3, p. 926.]
For purposes of this act the duties and responsibilities of the county clerk shall be as provided in chapter 10, title 1, Idaho Code, and chapter 7, title 31, Idaho Code, or as otherwise prescribed by law; the duties of the county clerk as ex officio county auditor shall be as provided in chapter 23, title 31, Idaho Code, or as otherwise prescribed by law; and the duties of the county clerk as ex officio county recorder shall be as provided in chapter 24, title 31, Idaho Code, or as otherwise prescribed by law. A county clerk, ex officio auditor and recorder:
(1) Shall continue to be elected to a term of four (4) years and perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office specified in the petition or resolution, but not to exceed four (4) years, and perform all the duties and responsibilities of the office; or
(3) Shall be appointed by the executive with the advice and consent of the board of county commissioners, be supervised by the executive and perform the duties and responsibilities of the county clerk, ex officio auditor and recorder; or
(4) The office shall be divided into two (2) or three (3) separate offices, with the persons to fill those offices to be elected or appointed in the manner provided in subsection (1), (2) or (3) of this section. The petition or resolution shall identify the name of each office and the duties and responsibilities assigned to each office; or
(5) The office shall be eliminated as a separate office with the duties and responsibilities of the county clerk, ex officio auditor and recorder to be performed by one (1) or more other qualified elected officers or appointed persons as provided in the petition or resolution. The petition or resolution shall specifically identify the duties of the office for which each other officer or appointee shall be responsible. The duties of the office as provided in chapter 10, title 1, Idaho Code, may not be combined with or assigned to the office of the sheriff or prosecuting attorney.
[31-5209, added 1996, ch. 283, sec. 3, p. 926.]
For purposes of this act, the duties of the county treasurer as ex officio public administrator shall be as provided in chapter 1, title 14, Idaho Code; and the duties of the county treasurer as county treasurer and ex officio tax collector shall be as provided in chapters 15 and 21, title 31, Idaho Code, and title 63, Idaho Code, and as otherwise prescribed by law. A county treasurer, ex officio tax collector and public administrator:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office to be specified in the petition or resolution, but not to exceed four (4) years, and perform all the duties and responsibilities of the office; or
(3) Shall be appointed by the executive with the advice and consent of the board of county commissioners, be supervised by the executive and perform all the duties of the office; or
(4) The office shall be divided into two (2) or three (3) separate offices, with the persons to fill those offices to be elected or appointed in the manner provided in subsection (1), (2) or (3) of this section. The petition or resolution shall identify the name of each office and the duties and responsibilities assigned to each office; or
(5) The office shall be eliminated as a separate office with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the petition or resolution. The petition or resolution shall specifically identify those duties of the office for which each other officer or appointee shall be responsible.
[31-5210, added 1996, ch. 283, sec. 3, p. 926.]
For purposes of this act, the duties of the county assessor shall be as provided in title 63, Idaho Code, and as otherwise prescribed by law. A county assessor:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the executive with the advice and consent of the board of county commissioners, be supervised by the executive and perform all the duties of the office; or
(4) The office shall be eliminated as a separate office with the duties and responsibilities of the office to be performed by one (1) or more other qualified elected officers or appointed persons as provided in the resolution or petition. The resolution or petition shall specifically identify those duties of the office for which each other officer or appointee shall be responsible.
[31-5211, added 1996, ch. 283, sec. 3, p. 927.]
For purposes of this act, the duties of the county sheriff shall be as provided in chapter 22, title 31, Idaho Code, and as otherwise prescribed by law. A county sheriff:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the executive with the advice and consent of the board of county commissioners, be supervised by the executive and perform all the duties of the office; or
(4) The office shall be eliminated as a separate office with the duties and responsibilities of the office to be performed by one (1) or more other qualified elected officers or appointed persons as provided in the resolution or petition. The office of sheriff may not be consolidated with the office of the prosecuting attorney or the office of the clerk of the district court. The resolution or petition shall specifically identify those duties of the county sheriff for which each other officer or appointee shall be responsible.
[31-5212, added 1996, ch. 283, sec. 3, p. 927.]
For purposes of this act the duties of the county coroner shall be as provided in chapter 28, title 31, Idaho Code, and as otherwise prescribed by law. A county coroner:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the executive with the advice and consent of the board of county commissioners, be supervised by the executive and perform all the duties of the office; or
(4) The office shall be eliminated as a separate office with the duties and responsibilities of the office to be performed by one (1) or more other qualified elected officers or appointed persons as provided in the resolution or petition. The resolution or petition shall specifically identify those duties of the office for which each other officer or appointee shall be responsible.
[31-5213, added 1996, ch. 283, sec. 3, p. 928.]
For purposes of this act, the duties of the county prosecuting attorney shall be as provided in chapter 26, title 31, Idaho Code, and as otherwise prescribed by law. A county prosecuting attorney:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the executive with the advice and consent of the board of county commissioners, be supervised by the executive, and perform all the duties of the office; or
(4) The office shall be eliminated with the duties and responsibilities of the office to be performed by one (1) or more other qualified elected officers or appointed persons, or by a qualified person retained by the county on a contractual basis, as provided in the resolution or petition. The office of prosecuting attorney may not be consolidated with the office of sheriff or the office of clerk of the district court. The resolution or petition shall specifically identify those duties of the office for which each other officer, appointee, or party to the contract shall be responsible.
[31-5214, added 1996, ch. 283, sec. 3, p. 928.]
The form of government provided in this chapter shall be known as the commission-manager. Each county operating under this form shall be governed by an elected board of county commissioners and a manager appointed by the board of county commissioners and the other officers specified in the resolution or petition from the choices provided in sections 31-5307 through 31-5312, Idaho Code.
[31-5301, added 1996, ch. 283, sec. 4, p. 929.]
(1) The manager shall be the administrative head of the county and shall be appointed by the board of county commissioners on the basis of training, experience and administrative qualifications. The manager shall serve at the pleasure of the board and may be removed by the board at any time.
(2) The manager shall be appointed by the board as soon as practicable, but not later than six (6) months after the adoption of the commission-manager form of government.
(3) The board may appoint any county elected official to serve as the manager.
[31-5302, added 1996, ch. 283, sec. 4, p. 929.]
The manager shall:
(1) Have general supervision of the administrative functions of the county;
(2) See that the ordinances, resolutions and contracts of the board of county commissioners are complied with and faithfully executed;
(3) Furnish the board with information concerning the operations of county departments, boards or commissions, as necessary for the board to exercise its powers or as requested by the board and submit any other reports requested by the board or as he deems necessary;
(4) Prepare and submit an annual budget for the county to the board of county commissioners. The manager shall be the county budget officer and shall be responsible for the performance of the duties of the county budget officer as provided in chapter 16, title 31, Idaho Code, and any other provisions of law imposing duties upon the county budget officer.
(5) Keep the board fully advised of the financial condition and needs of the county;
(6) Attend meetings of the board of county commissioners, take part in the discussions, but not vote, and recommend measures for adoption;
(7) Exercise the executive authority of the county to appoint, supervise, suspend and remove county personnel and make nominations and appointments to advisory boards and committees;
(8) Perform such other duties as the board may establish by ordinance or resolution.
[31-5303, added 1996, ch. 283, sec. 4, p. 929.]
(1) The legislative authority of the county shall be vested in a board of county commissioners comprised of three (3), five (5) or seven (7) members. The petition or resolution shall specify the size of the board of county commissioners and shall indicate the term of office of the commission, as provided in section 31-5305, Idaho Code. In no event shall the term of office of any incumbent member of the board of county commissioners be affected as a result of an increase in the size of the board of county commissioners under the provisions of this chapter.
(2) If the size of the board of county commissioners is increased, at the regular meeting of the board in January, preceding any election of additional county commissioners, the board must divide the county into the number of districts equal to the number of commissioners approved by the electors. The districts established shall be as nearly equal in population as possible. The redrawing of an existing district which places the incumbent county commissioner for that district outside of its boundaries shall not disqualify or otherwise affect the qualifications of the commissioner during his incumbency.
[31-5304, added 1996, ch. 283, sec. 4, p. 929.]
(1) If the size of the board of county commissioners is increased, the additional commissioners shall be elected at the following general election.
(2) Except as provided in subsection (3) of this section, the additional members shall be elected for a term of two (2) years, with the allotment of the four-year term between the entire commission to proceed in numerical rotation in accordance with the provisions of section 31-703, Idaho Code.
(3) Notwithstanding the provisions of section 31-703, Idaho Code, or any other provision of law to the contrary, the petition or resolution to adopt the optional form of government provided in this chapter may provide that all members of the board of county commissioners for the county be elected to serve terms of four (4) years. If approved by the electors, the commissioner for each additional district shall be elected to a term of four (4) years and commissioners for existing districts shall be elected to a term of four (4) years upon the expiration of the commissioner’s current term of office.
[31-5305, added 1996, ch. 283, sec. 4, p. 930.]
(1) The resolution or petition to adopt the commission manager form of government shall further define the structure of the form by including one (1) selection from the choices specified for each of the offices listed in sections 31-5307 through 31-5212, Idaho Code.
(2) If the resolution or petition provides for the election of any new officers, such officers shall be elected at the general election following the adoption of the optional form of county government provided for in this chapter.
[31-5306, added 1996, ch. 283, sec. 4, p. 930; am. 1996, ch. 326, sec. 1, p. 1111.]
For purposes of this act the duties and responsibilities of the county clerk shall be as provided in chapter 10, title 1, Idaho Code, and chapter 7, title 31, Idaho Code, or as otherwise prescribed by law; the duties of the county clerk as ex officio county auditor shall be as provided in chapter 23, title 31, Idaho Code, or as otherwise prescribed by law; and the duties of the county clerk as ex officio county recorder shall be as provided in chapter 24, title 31, Idaho Code, or as otherwise prescribed by law. A county clerk, ex officio auditor and recorder:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office specified in the petition or resolution, but not to exceed four (4) years, and perform the duties and responsibilities of the county clerk, auditor and recorder; or
(3) Shall be appointed by the manager with the advice and consent of the board of county commissioners, be supervised by the manager and perform the duties and responsibilities of the county clerk, ex officio auditor and recorder; or
(4) The office shall be divided into two (2) or three (3) separate offices, with the persons to fill those offices to be elected or appointed in the manner provided in subsection (1), (2) or (3) of this section. The petition or resolution shall identify the name, duties and responsibilities of each office; or
(5) The office shall be eliminated as a separate office with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the petition or resolution. The petition or resolution shall identify the duties of the office for which each other officer or appointee shall be responsible. The duties of the office as provided in chapter 10, title 1, Idaho Code, may not be combined with or assigned to the office of the sheriff or prosecuting attorney.
[31-5307, added 1996, ch. 283, sec. 4, p. 930.]
For purposes of this act, the duties of the county treasurer as ex officio public administrator shall be as provided in chapter 1, title 14, Idaho Code; and the duties of the county treasurer as county treasurer and ex officio tax collector shall be as provided in chapters 15 and 21, title 31, Idaho Code, and title 63, Idaho Code, and as otherwise prescribed by law. A county treasurer, ex officio tax collector and public administrator:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office to be specified in the petition or resolution, but not to exceed four (4) years, and perform all the duties and responsibilities of the office; or
(3) Shall be appointed by the manager with the advice and consent of the board of county commissioners, be supervised by the manager and perform all the duties of the office; or
(4) The office shall be divided into two (2) or three (3) separate offices, with the persons to fill those offices to be elected or appointed in the manner provided in subsection (1), (2) or (3) of this section. The petition or resolution shall identify the name, duties and responsibilities of each office; or
(5) The office shall be eliminated as a separate office with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the petition or resolution. The petition or resolution shall identify those duties of the office for which each other officer or appointee shall be responsible.
[31-5308, added 1996, ch. 283, sec. 4, p. 931.]
For purposes of this act, the duties of the county assessor shall be as provided in title 63, Idaho Code, and as otherwise prescribed by law. A county assessor:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the manager with the advice and consent of the board of county commissioners, be supervised by the manager and perform all the duties of the office; or
(4) The office shall be eliminated with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the resolution or petition. The resolution or petition shall identify those duties of the office for which each other officer or appointee shall be responsible.
[31-5309, added 1996, ch. 283, sec. 4, p. 932.]
For purposes of this act, the duties of the county sheriff shall be as provided in chapter 22, title 31, Idaho Code, and as otherwise prescribed by law. A county sheriff:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the manager with the advice and consent of the board of county commissioners, be supervised by the manager and perform all the duties of the office; or
(4) The office shall be eliminated with the duties and responsibilities of the office to be performed by one (1) or more other qualified elected officers or appointed persons as provided in the resolution or petition. The office of sheriff may not be consolidated with the office of the prosecuting attorney or the office of the clerk of the district court. The resolution or petition shall identify those duties of the county sheriff for which each other officer or appointee shall be responsible.
[31-5310, added 1996, ch. 283, sec. 4, p. 932.]
For purposes of this act the duties of the county coroner shall be as provided in chapter 28, title 31, Idaho Code, and as otherwise prescribed by law. A county coroner:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the manager with the advice and consent of the board of county commissioners, be supervised by the manager and perform all the duties of the office; or
(4) The office shall be eliminated with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the resolution or petition. The resolution or petition shall identify those duties of the office for which each other officer or appointee shall be responsible.
[31-5311, added 1996, ch. 283, sec. 4, p. 932.]
For purposes of this act, the duties of the county prosecuting attorney shall be as provided in chapter 26, title 31, Idaho Code, and as otherwise prescribed by law. A county prosecuting attorney:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the manager with the advice and consent of the board of county commissioners, be supervised by the manager, and perform all the duties of the office; or
(4) The office shall be eliminated with the duties and responsibilities of the office to be performed by one (1) or more other qualified elected officers, appointed persons, or persons retained by the county on a contractual basis, as provided in the resolution or petition. The office of prosecuting attorney may not be consolidated with the office of sheriff or the office of clerk of the district court. The resolution or petition shall identify those duties of the office for which each other officer, appointee or party to the contract shall be responsible.
[31-5312, added 1996, ch. 283, sec. 4, p. 933.]
The form of government provided in this chapter shall consist of an elected board of county commissioners comprised of three (3) members and the other officers specified in the resolution or petition from the choices provided in sections 31-5404 through 31-5409, Idaho Code.
[31-5401, added 1996, ch. 283, sec. 5, p. 933.]
(1) The board of county commissioners shall be vested with all executive and legislative authority of the county.
(2) Notwithstanding the provisions of section 31-703, Idaho Code, or any other provision of law to the contrary, the petition or resolution to adopt the optional form of government provided in this chapter may specify that all members of the board of county commissioners be elected to serve terms of four (4) years. If approved by the electors, the commissioner for each district shall be elected to a term of four (4) years upon the expiration of the commissioner’s current term of office.
(3) The resolution or petition shall specify whether the provisions of section 31-703, Idaho Code, shall continue to govern the terms of office of the members of the commission or whether the terms of office of the members of the commission shall be changed as provided in subsection (2) of this section.
[31-5402, added 1996, ch. 283, sec. 5, p. 933.]
(1) The resolution or petition to adopt the form of government provided in this chapter shall further define the structure of the form by including one (1) selection from the choices specified for the offices listed in sections 31-5404 through 31-5409, Idaho Code.
(2) If the resolution or petition provides for the election of any new officers, such officers shall be elected at the general election following the adoption of the optional form of county government provided for in this chapter.
[31-5403, added 1996, ch. 283, sec. 5, p. 934.]
For purposes of this act the duties and responsibilities of the county clerk shall be as provided in chapter 10, title 1, Idaho Code, and chapter 7, title 31, Idaho Code, or as otherwise prescribed by law; the duties of the county clerk as ex officio county auditor shall be as provided in chapter 23, title 31, Idaho Code, or as otherwise prescribed by law; and the duties of the county clerk as ex officio county recorder shall be as provided in chapter 24, title 31, Idaho Code, or as otherwise prescribed by law. A county clerk, ex officio auditor and recorder:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office specified in the petition or resolution, but not to exceed four (4) years, and perform the duties and responsibilities of the county clerk, ex officio auditor and recorder; or
(3) Shall be appointed by the board of county commissioners and shall perform the duties and responsibilities of the county clerk, ex officio auditor and recorder; or
(4) The office shall be divided into two (2) or three (3) separate offices, with the persons to fill those offices to be elected or appointed in the manner provided in subsection (1), (2) or (3) of this section. The petition or resolution shall identify the name, duties and responsibilities of each office; or
(5) The office shall be eliminated as a separate office with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the petition or resolution. The petition or resolution shall identify the duties of the office for which each other officer or appointee shall be responsible. The duties of the office as clerk of the district court, as provided in chapter 10, title 1, Idaho Code, may not be consolidated with the office of the sheriff or prosecuting attorney.
[31-5404, added 1996, ch. 283, sec. 5, p. 934.]
For purposes of this act, the duties of the county treasurer as ex officio public administrator shall be as provided in chapter 1, title 14, Idaho Code; and the duties of the county treasurer as county treasurer and ex officio tax collector shall be as provided in chapters 15 and 21, title 31, Idaho Code, and title 63, Idaho Code, and as otherwise prescribed by law. A county treasurer, ex officio tax collector and public administrator:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office to be specified in the petition or resolution, but not to exceed four (4) years, and perform all the duties and responsibilities of the office; or
(3) Shall be appointed by the board of county commissioners and perform all the duties of the office; or
(4) The office shall be divided into two (2) or three (3) separate offices, with the persons to fill those offices to be elected or appointed in the manner provided in subsection (1), (2) or (3) of this section. The petition or resolution shall identify the name, duties and responsibilities of each office; or
(5) The office shall be eliminated as a separate office with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the petition or resolution. The petition or resolution shall identify those duties of the office for which each other officer or appointee shall be responsible.
[31-5405, added 1996, ch. 283, sec. 5, p. 934.]
For purposes of this act, the duties of the county assessor shall be as provided in title 63, Idaho Code, and as otherwise prescribed by law. A county assessor:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the board of county commissioners and perform all the duties of the office; or
(4) The office shall be eliminated with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the resolution or petition. The resolution or petition shall identify those duties of the office for which each other officer or appointee shall be responsible.
[31-5406, added 1996, ch. 283, sec. 5, p. 935.]
For purposes of this act, the duties of the county sheriff shall be as provided in chapter 22, title 31, Idaho Code, and as otherwise prescribed by law. A county sheriff:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the board of county commissioners and perform all the duties of the office; or
(4) The office shall be eliminated with the duties and responsibilities of the office to be performed by one (1) or more other qualified elected officers or appointed persons as provided in the resolution or petition. The office of sheriff may not be consolidated with the office of the prosecuting attorney or the office of the clerk of the district court. The resolution or petition shall identify those duties of the county sheriff for which each other officer or appointee shall be responsible.
[31-5407, added 1996, ch. 283, sec. 5, p. 935.]
For purposes of this act the duties of the county coroner shall be as provided in chapter 28, title 31, Idaho Code, and as otherwise prescribed by law. A county coroner:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the board of county commissioners and perform all the duties of the office; or
(4) The office shall be eliminated with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the resolution or petition. The resolution or petition shall identify those duties of the office for which each other officer or appointee shall be responsible.
[31-5408, added 1996, ch. 283, sec. 5, p. 936.]
For purposes of this act, the duties of the county prosecuting attorney shall be as provided in chapter 26, title 31, Idaho Code, and as otherwise prescribed by law. A county prosecuting attorney:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the board of county commissioners and perform all the duties of the office; or
(4) The office shall be eliminated with the duties and responsibilities of the office to be performed by one (1) or more other qualified elected officers, appointed persons, or persons retained on a contractual basis as provided in the resolution or petition. The office of prosecuting attorney may not be consolidated with the office of sheriff or the office of clerk of the district court. The resolution or petition shall identify those duties of the office for which each other officer, appointee or party to the contract shall be responsible.
[31-5409, added 1996, ch. 283, sec. 5, p. 936.]
The form of government provided in this chapter shall consist of an elected board of county commissioners comprised of five (5) members and the other officers specified in the resolution or petition from the choices provided in sections 31-5506 through 31-5511, Idaho Code.
[31-5501, added 1996, ch. 283, sec. 6, p. 936.]
(1) The petition or resolution shall specify the terms of office of the five-member board of county commissioners, which may be as provided in this section.
(2) Except as provided in subsection (3) of this section, the additional members of the board of county commissioners shall be elected for a term of two (2) years, with the allotment of the four-year term between the entire commission to proceed in numerical rotation in accordance with the provisions of section 31-703, Idaho Code.
(3) Notwithstanding the provisions of section 31-703, Idaho Code, or any other provision of law to the contrary, the petition or resolution to adopt the optional form of government provided in this chapter may provide that all members of the board of county commissioners for the county be elected to serve terms of four (4) years. If approved by the electors, the commissioner for each additional district shall be elected to a term of four (4) years and commissioners for existing districts shall be elected to a term of four (4) years upon the expiration of the commissioner’s current term of office.
[31-5502, added 1996, ch. 283, sec. 6, p. 937.]
(1) Upon the adoption of the form of government provided in this chapter, at the regular meeting of the board in January, preceding any election of additional county commissioners, the board must divide the county into the number of districts equal to the number of commissioners approved by the electors. The districts established shall be as nearly equal in population as possible. The redrawing of an existing district which places the incumbent county commissioner for that district outside of its boundaries shall not disqualify or otherwise affect the qualifications of the commissioner during his incumbency.
(2) The two (2) additional commissioners shall be elected at the general election following the adoption of the form of government provided in this chapter.
(3) In no event shall the term of office of any incumbent member of the board of county commissioners be affected by the adoption of the form of government provided in this chapter.
[31-5503, added 1996, ch. 283, sec. 6, p. 937.]
(1) Upon the adoption of the form of county government provided in this chapter, the legislative authority of the county and, except as provided in subsection (2) of this section, the executive authority of the county shall be vested in the five (5) member board of county commissioners.
(2) The executive authority of the county may be vested in an executive board comprised of three (3) members of the board of county commissioners chosen by the board as a whole, in a manner to be determined by the board. If the board of county commissioners determines to vest the executive authority of the county in an executive board, the board shall identify the manner in which the executive board shall be chosen and shall choose the executive board within thirty (30) days of the adoption of the form of government provided in this chapter.
[31-5504, added 1996, ch. 283, sec. 6, p. 937.]
(1) The resolution or petition to adopt the form of government provided in this chapter shall further define the structure of the form by including one (1) selection from the choices specified for each of the offices listed in sections 31-5506 through 31-5511, Idaho Code.
(2) If the resolution or petition provides for the election of any new officers, such officers shall be elected at the general election following the adoption of the optional form of county government provided for in this chapter.
[31-5505, added 1996, ch. 283, sec. 6, p. 938.]
For purposes of this act the duties and responsibilities of the county clerk shall be as provided in chapter 10, title 1, Idaho Code, and chapter 7, title 31, Idaho Code, or as otherwise prescribed by law; the duties of the county clerk as ex officio county auditor shall be as provided in chapter 23, title 31, Idaho Code, or as otherwise prescribed by law; and the duties of the county clerk as ex officio county recorder shall be as provided in chapter 24, title 31, Idaho Code, or as otherwise prescribed by law. A county clerk, ex officio auditor and recorder:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office specified in the petition or resolution, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the board of county commissioners or the executive board with the advice and consent of the entire board of county commissioners, be supervised by the entire board or the executive board, as applicable, and perform all the duties and responsibilities of the office; or
(4) The office shall be divided into two (2) or three (3) separate offices, with the persons to fill those offices to be elected or appointed in the manner provided in subsection (1), (2) or (3) of this section. The petition or resolution shall identify the name, duties and responsibilities of each office; or
(5) The office shall be eliminated as a separate office with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the petition or resolution. The petition or resolution shall identify the duties of the office for which each other officer or appointee shall be responsible. The duties of the office as provided in chapter 10, title 1, Idaho Code, may not be consolidated with the office of the sheriff or prosecuting attorney.
[31-5506, added 1996, ch. 283, sec. 6, p. 938; am. 1996, ch. 326, sec. 2, p. 1111.]
For purposes of this act, the duties of the county treasurer as ex officio public administrator shall be as provided in chapter 1, title 14, Idaho Code; and the duties of the county treasurer as county treasurer and ex officio tax collector shall be as provided in chapters 15 and 21, title 31, Idaho Code, and title 63, Idaho Code, and as otherwise prescribed by law. A county treasurer, ex officio tax collector and public administrator:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office to be specified in the petition or resolution, but not to exceed four (4) years, and perform all the duties and responsibilities of the office; or
(3) Shall be appointed by the board of county commissioners or the executive board with the advice and consent of the entire board of county commissioners, be supervised by the entire board or the executive board, as applicable, and perform all the duties of the office; or
(4) The office shall be divided into two (2) or three (3) separate offices, with the persons to fill those offices to be elected or appointed in the manner provided in subsection (1), (2) or (3) of this section. The petition or resolution shall identify the name, duties and responsibilities of each office; or
(5) The office shall be eliminated as a separate office with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the petition or resolution. The petition or resolution shall specifically identify those duties of the office for which each other officer or appointee shall be responsible.
[31-5507, added 1996, ch. 283, sec. 6, p. 938; am. 1996, ch. 326, sec. 2, p. 1112.]
For purposes of this act, the duties of the county assessor shall be as provided in title 63, Idaho Code, and as otherwise prescribed by law. A county assessor:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the board of county commissioners or the executive board with the advice and consent of the entire board of county commissioners, be supervised by the entire board or the executive board, as applicable, and perform all the duties of the office; or
(4) The office shall be eliminated with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the resolution or petition. The resolution or petition shall identify those duties of the office for which each other officer or appointee shall be responsible.
[31-5508, added 1996, ch. 283, sec. 6, p. 939; am. 1996, ch. 326, sec. 2, p. 1113.]
For purposes of this act, the duties of the county sheriff shall be as provided in chapter 22, title 31, Idaho Code, and as otherwise prescribed by law. A county sheriff:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the board of county commissioners or the executive board with the advice and consent of the entire board of county commissioners, be supervised by the entire board or the executive board, as applicable, and perform all the duties of the office; or
(4) The office shall be eliminated with the duties and responsibilities of the office to be performed by one (1) or more other qualified elected officers or appointed persons as provided in the resolution or petition. The office of sheriff may not be consolidated with the office of the prosecuting attorney or the office of the clerk of the district court. The resolution or petition shall identify those duties of the county sheriff for which each other officer or appointee shall be responsible.
[31-5509, added 1996, ch. 283, sec. 6, p. 939; am. 1996, ch. 326, sec. 2, p. 1113.]
For purposes of this act the duties of the county coroner shall be as provided in chapter 28, title 31, Idaho Code, and as otherwise prescribed by law. A county coroner:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the board of county commissioners or the executive board with the advice and consent of the entire board of county commissioners, be supervised by the entire board or the executive board, as applicable, and perform all the duties of the office; or
(4) The office shall be eliminated with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the resolution or petition. The resolution or petition shall identify those duties of the office for which each other officer or appointee shall be responsible.
[31-5510, added 1996, ch. 283, sec. 6, p. 940; am. 1996, ch. 326, sec. 2, p. 1113.]
For purposes of this act, the duties of the county prosecuting attorney shall be as provided in chapter 26, title 31, Idaho Code, and as otherwise prescribed by law. A county prosecuting attorney:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the board of county commissioners or the executive board with the advice and consent of the entire board of county commissioners, be supervised by the entire board or the executive board, as applicable, and perform all the duties of the office; or
(4) The office shall be eliminated as a separate office with the duties and responsibilities of the office to be performed by one (1) or more other qualified elected officers, appointed persons or persons retained on a contractual basis as provided in the resolution or petition. The office of prosecuting attorney may not be consolidated with the office of sheriff or the office of clerk of the district court. The resolution or petition shall identify those duties of the office for which each other officer, appointee or party to the contract shall be responsible.
[31-5511. added 1996, ch. 283, sec. 6, p. 940; am. 1996, ch. 326, sec. 2, p. 1114.]
The form of government provided in this chapter shall consist of an elected board of county commissioners comprised of seven (7) members and the other officers specified in the resolution or petition from the choices provided in sections 31-5606 through 31-5611, Idaho Code.
[31-5601, added 1996, ch. 283, sec. 7, p. 941.]
(1) The petition or resolution shall specify the terms of office of the seven-member board of county commissioners, which may be as provided in this section.
(2) Except as provided in subsection (3) of this section, the additional members of the board of county commissioners shall be elected for a term of two (2) years, with the allotment of the four-year term between the entire commission to proceed in numerical rotation in accordance with the provisions of section 31-703, Idaho Code.
(3) Notwithstanding the provisions of section 31-703, Idaho Code, or any other provision of law to the contrary, the petition or resolution to adopt the optional form of government provided in this chapter may provide that all members of the board of county commissioners for the county be elected to serve terms of four (4) years. If approved by the electors, the commissioner for each additional district shall be elected to a term of four (4) years and commissioners for existing districts shall be elected to a term of four (4) years upon the expiration of the commissioner’s current term of office.
[31-5602, added 1996, ch. 283, sec. 7, p. 941.]
(1) Upon the adoption of the form of government provided in this chapter, at the regular meeting of the board in January, preceding any election of additional county commissioners, the board must divide the county into the number of districts equal to the number of commissioners approved by the electors. The districts established shall be as nearly equal in population as possible. The redrawing of an existing district which places the incumbent county commissioner for that district outside of its boundaries shall not disqualify or otherwise affect the qualifications of the commissioner during his incumbency.
(2) The four (4) additional commissioners shall be elected at the general election following the adoption of the form of government provided in this chapter.
(3) In no event shall the term of office of any incumbent member of the board of county commissioners be affected by the adoption of the form of government provided in this chapter.
[31-5603, added 1996, ch. 283, sec. 7, p. 941.]
(1) Upon the adoption of the form of county government provided in this chapter, the legislative authority of the county and, except as provided in subsection (2) of this section, the executive authority of the county shall be vested in the seven (7) member board of county commissioners.
(2) The executive authority of the county may be vested in an executive board comprised of three (3) members of the board of county commissioners chosen by the board as a whole, in a manner to be determined by the board. If the board of county commissioners determines to vest the executive authority of the county in an executive board, the board shall identify the manner in which the executive board shall be chosen and shall choose the executive board within thirty (30) days of the adoption of the form of government provided in this chapter.
[31-5604, added 1996, ch. 283, sec. 7, p. 941.]
(1) The resolution or petition to adopt the form of government provided in this chapter shall further define the structure of the form by including one (1) selection from the choices specified for each of the offices listed in sections 31-5606 through 31-5611, Idaho Code.
(2) If the resolution or petition provides for the election of any new officers, such officers shall be elected at the general election following the adoption of the optional form of county government provided for in this chapter.
[31-5605, added 1996, ch. 283, sec. 7, p. 942.]
For purposes of this act the duties and responsibilities of the county clerk shall be as provided in chapter 10, title 1, Idaho Code, and chapter 7, title 31, Idaho Code, or as otherwise prescribed by law; the duties of the county clerk as ex officio county auditor shall be as provided in chapter 23, title 31, Idaho Code, or as otherwise prescribed by law; and the duties of the county clerk as ex officio county recorder shall be as provided in chapter 24, title 31, Idaho Code, or as otherwise prescribed by law. A county clerk, ex officio auditor and recorder:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office specified in the petition or resolution, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the board of county commissioners or the executive board with the advice and consent of the entire board of county commissioners, be supervised by the entire board or the executive board, as applicable, and perform all the duties and responsibilities of the office; or
(4) The office shall be divided into two (2) or three (3) separate offices, with the persons to fill those offices to be elected or appointed in the manner provided in subsection (1), (2) or (3) of this section. The petition or resolution shall identify the name, duties and responsibilities of each office; or
(5) The office shall be eliminated as a separate office with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the petition or resolution. The petition or resolution shall identify the duties of the office for which each other officer or appointee shall be responsible. The duties of the office as provided in chapter 10, title 1, Idaho Code, may not be consolidated with the office of the sheriff or prosecuting attorney.
[31-5606, added 1996, ch. 283, sec. 7, p. 942; am. 1996, ch. 326, sec. 2, p. 1114.]
For purposes of this act, the duties of the county treasurer as ex officio public administrator shall be as provided in chapter 1, title 14, Idaho Code; and the duties of the county treasurer as county treasurer and ex officio tax collector shall be as provided in chapters 15 and 21, title 31, Idaho Code, and title 63, Idaho Code, and as otherwise prescribed by law. A county treasurer, ex officio tax collector and public administrator:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office to be specified in the petition or resolution, but not to exceed four (4) years, and perform all the duties and responsibilities of the office; or
(3) Shall be appointed by the board of county commissioners or the executive board with the advice and consent of the entire board of county commissioners, be supervised by the entire board or the executive board, as applicable, and perform all the duties of the office; or
(4) The office shall be divided into two (2) or three (3) separate offices, with the persons to fill those offices to be elected or appointed in the manner provided in subsection (1), (2) or (3) of this section. The petition or resolution shall identify the name, duties and responsibilities of each office; or
(5) The office shall be eliminated as a separate office with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the petition or resolution. The petition or resolution shall specifically identify those duties of the office for which each other officer or appointee shall be responsible.
[31-5607, added 1996, ch. 283, sec. 7, p. 942; am. 1996, ch. 326, sec. 2, p. 1115.]
For purposes of this act, the duties of the county assessor shall be as provided in title 63, Idaho Code, and as otherwise prescribed by law. A county assessor:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the board of county commissioners or the executive board with the advice and consent of the entire board of county commissioners, be supervised by the entire board or the executive board, as applicable, and perform all the duties of the office; or
(4) The office shall be eliminated with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the resolution or petition. The resolution or petition shall identify those duties of the office for which each other officer or appointee shall be responsible.
[31-5608, added 1996, ch. 283, sec. 7, p. 943; am. 1996, ch. 326, sec. 2, p. 1116.]
For purposes of this act, the duties of the county sheriff shall be as provided in chapter 22, title 31, Idaho Code, and as otherwise prescribed by law. A county sheriff:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the board of county commissioners or the executive board with the advice and consent of the entire board of county commissioners, be supervised by the entire board or the executive board, as applicable, and perform all the duties of the office; or
(4) The office shall be eliminated with the duties and responsibilities of the office to be performed by one (1) or more other qualified elected officers or appointed persons as provided in the resolution or petition. The office of sheriff may not be consolidated with the office of the prosecuting attorney or the office of the clerk of the district court. The resolution or petition shall identify those duties of the county sheriff for which each other officer or appointee shall be responsible.
[31-5609, added 1996, ch. 283, sec. 7, p. 943; am. 1996, ch. 326, sec. 2, p. 1116.]
For purposes of this act the duties of the county coroner shall be as provided in chapter 28, title 31, Idaho Code, and as otherwise prescribed by law. A county coroner:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a different term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the board of county commissioners or the executive board with the advice and consent of the entire board of county commissioners, be supervised by the entire board or the executive board, as applicable, and perform all the duties of the office; or
(4) The office shall be eliminated with the duties and responsibilities of the office to be performed by one (1) or more other elected officers or appointed persons as provided in the resolution or petition. The resolution or petition shall identify those duties of the office for which each other officer or appointee shall be responsible.
[31-5610, added 1996, ch. 283, sec. 7, p. 944; am. 1996, ch. 326, sec. 2, p. 1116.]
For purposes of this act, the duties of the county prosecuting attorney shall be as provided in chapter 26, title 31, Idaho Code, and as otherwise prescribed by law. A county prosecuting attorney:
(1) Shall continue to be elected to a term of four (4) years and to perform all the duties and responsibilities of the office; or
(2) Shall be elected to a term of office as provided in the resolution or petition, but not to exceed four (4) years, and perform all the duties of the office; or
(3) Shall be appointed by the board of county commissioners or the executive board with the advice and consent of the entire board of county commissioners, be supervised by the entire board or the executive board, as applicable, and perform all the duties of the office; or
(4) The office shall be eliminated as a separate office with the duties and responsibilities of the office to be performed by one (1) or more other qualified elected officers, appointed persons or persons retained on a contractual basis as provided in the resolution or petition. The office of prosecuting attorney may not be consolidated with the office of sheriff or the office of clerk of the district court. The resolution or petition shall identify those duties of the office for which each other officer, appointee or party to the contract shall be responsible.
[31-5611, added 1996, ch. 283, sec. 7, p. 944; am. 1996, ch. 326, sec. 2, p. 1117.]
The form of government provided in this chapter shall consist of the consolidation of one (1) or more county offices, other than the office of county commissioner, in two (2) or more counties, with all other characteristics of the form of government existing in each participating county to continue unchanged. No petition or resolution proposing a consolidation of offices between or among counties shall propose any other optional form of county government or any other changes in the existing form of government in any of the counties proposing to consolidate offices; except that the question of adopting another optional form of government in a participating county as proposed by a separate petition or resolution may be submitted at the same general election by the governing body of that county, as provided in section 31-5005, Idaho Code. The petition or resolution shall identify each of the counties participating in the consolidation.
[31-5701, added 1996, ch. 283, sec. 8, p. 945.]
(1) Upon a resolution or petition meeting the signature requirements of section 31-5004(1)(b), Idaho Code, filed with the governing body of each participating county, the governing body of each participating county shall submit to its electors at the same general election the question of whether the duties and responsibilities of one (1) or more county offices shall be consolidated between two (2) or more counties as proposed in the resolution or petition with all other characteristics of the county government of each participating county to continue unchanged. The petition or resolution submitted to the electors of each county shall meet the requirements of section 31-5004, Idaho Code, and shall contain the same proposals with respect to the office or offices to be consolidated. The consolidation shall be approved upon a majority vote of the electors in each county, voting separately. If the consolidation is not approved in all participating counties, the measure shall be deemed to have failed in all participating counties.
(2) The petition or resolution for consolidation filed in each of the participating counties shall provide, with respect to each office proposed to be consolidated, as follows:
(a) For the election of one (1) officer to perform the duties and responsibilities of the office on behalf of all the participating counties for a term not to exceed four (4) years, citing the effect of the consolidation upon any incumbents in office in the participating counties as authorized in section 31-5007, Idaho Code. Any residency requirements of the office shall be waived in the event of a consolidation under the provisions of this chapter; or
(b) For the appointment of one (1) or more parties, or for the execution of one (1) or more contracts with one (1) or more service providers to perform the duties and responsibilities of the office being consolidated on behalf of all of the participating counties. The resolution or petition filed in each participating county shall indicate by whom and the manner in which any appointee is to be appointed and by whom and the manner in which any service provider is to be selected. Any person proposed for appointment and any contract with a service provider must be approved by the governing body of each participating county.
(3) The petition or resolution submitted to the electors shall provide for the orderly transition to the proposed consolidation of offices.
[31-5702, added 1996, ch. 283, sec. 8, p. 945.]
The consolidation of offices shall not relieve a county from the performance of all the duties and responsibilities required to be performed by the county or any officer of the county under the constitution and laws of the state of Idaho or the United States.
[31-5703, added 1996, ch. 283, sec. 8, p. 946.]
The form of government provided in this chapter shall be known as the "charter" form. A charter form of government shall be established by a written charter approved by a majority of the electors of the county as provided in this chapter. The charter form as provided in this chapter shall be an authorized optional form of county government within the meaning of article XVIII, section 12 of the Idaho Constitution, and shall be authorized in addition to those optional forms provided in chapters 50 through 57, title 31, Idaho Code. Unless provided otherwise in this chapter, the provisions of the optional forms of county government act shall apply to this chapter.
[31-5801, added 1996, ch. 129, sec. 1, p. 448.]
(1) The charter to be submitted to the electors shall be drafted by a charter commission to be elected upon the approval of a petition or resolution to elect a charter commission as provided in subsection (2) of this section.
(2) The question of whether a charter commission shall be elected shall be submitted to the voters upon a petition or resolution initiated as provided in section 31-5004(1), Idaho Code. The petition or resolution to elect a charter commission shall contain a statement of the anticipated costs and expenditures of the charter commission and a description of the revenue sources intended to meet those costs and expenditures.
(3) The question of electing a charter commission shall be submitted as follows:
Shall a charter commission, comprised of (state number) commissioners, be elected to draft a charter for (name county)?
(4) Any county approving the election of a charter commission shall continue to operate under its existing form of government until a charter has been approved by the electors. If a charter has not been adopted by the electors within four (4) years of the election of a charter commission, the charter commission shall be deemed dissolved by operation of law. Any subsequent question of whether a charter commission should be elected to draft a proposed charter for the county must be resubmitted to the electors as provided in this chapter.
(5) The charter commission shall submit a proposed charter to the electors at a general election. If the charter commission submits a charter to the electors, the question shall be submitted as follows:
Vote for one:
In favor of retaining the (name current form of government) form of county government.
In favor of adopting the charter proposed for (name county).
(6) Any amendment to a charter must be approved by a majority of the electors of the county voting at a general election. Amendments may be submitted upon a majority vote of the governing body, or upon a petition to amend the charter, the requirements for which shall be specified in the charter.
[31-5802, added 1996, ch. 129, sec. 1, p. 448.]
(1) The petition or resolution to elect a charter commission shall specify the number of commissioners to be elected, which shall be an odd number of not less than five (5) nor more than nine (9) members. Members of the commission shall be elected on a nonpartisan basis.
(2) The question to elect a charter commission shall be submitted at the primary election. If the question receives a majority vote, the members of the commission shall be elected at the following general election.
(3) Each member of the charter commission shall be a qualified elector of the county and shall have resided in the county one (1) year preceding his election. Elected officials of the county shall not be eligible.
[31-5803, added 1996, ch. 129, sec. 1, p. 449.]
(1) The term of office of a member of a charter commission begins when a certificate of his election has been issued and concludes thirty (30) days after the election to adopt the charter proposed by the commission, or four (4) years after his election, whichever is earlier.
(2) Vacancies on the commission shall be filled by appointment of the governing body within thirty (30) days after the vacancy occurs.
(3) Members shall serve without compensation, but shall be reimbursed for expenses lawfully incurred in the performance of their duties.
[31-5804, added 1996, ch. 129, sec. 1, p. 449.]
A charter commission shall meet within thirty (30) days of its election and shall organize by electing from its members a chairman, a vice-chairman, and clerk-secretary. The provisions of section 31-5104, Idaho Code, shall apply to a charter commission, except as otherwise specified in this chapter.
[31-5805, added 1996, ch. 129, sec. 1, p. 449.]
(1) Upon the approval of the charter by a majority of the full membership of the charter commission, copies shall be prepared for public distribution and must be available not less than thirty (30) days prior to the election on adopting the charter. The text of the charter or a summary thereof shall be published in the official newspaper of the county once each week for two (2) successive weeks within thirty (30) days after its approval by the commission and again within not less than fourteen (14) days prior to the election on the charter.
(2) The charter commission shall be deemed dissolved by operation of law thirty (30) days after the charter is adopted or within four (4) years after its election if no charter is adopted within that time.
[31-5806, added 1996, ch. 129, sec. 1, p. 449.]
A county, by charter, may have and exercise all of the powers, duties, privileges and rights available to a county under the constitution and laws of the state of Idaho. The enumeration of powers in a charter shall not expand the county’s powers granted by the constitution or laws of the state of Idaho, nor shall a charter limit or prohibit the performance of duties required to be performed by the county under the constitution or laws of the state of Idaho. In the event of any conflict between the provisions of a charter and the provisions of the constitution or statutes of the state of Idaho, or the United States, the constitution and statutes shall prevail.
[31-5807, added 1996, ch. 129, sec. 1, p. 449.]
(1) The charter shall expressly provide for an elected legislative body to perform the legislative functions of the county government. The charter shall define the following:
(a) Name of the legislative body;
(b) Number of members;
(c) Terms of office;
(d) Qualifications of office;
(e) Manner of filling vacancies;
(f) Date and manner of election and whether at large or by districts;
(g) Whether the election shall be partisan or nonpartisan;
(h) The powers and duties of the legislative body; and
(i) Any other information necessary to give a complete description of the legislative structure of the county government.
(2) The charter shall expressly define the officers who will perform the executive functions of the county government, including, without limitation, the chief executive and administrative officer or officers, the chief financial officer, the chief law enforcement officer, and the officer responsible for performing the duties and functions of the prosecuting attorney. With respect to each officer performing executive functions the charter shall define the following:
(a) Whether appointed, hired on a contractual basis, or elected; and, if elected,
(b) The term of office;
(c) The qualifications for office;
(d) The manner of filling vacancies;
(e) The date of election;
(f) Whether the election shall be partisan or nonpartisan;
(g) The powers and duties of each officer;
(h) The departments or other organizational structures which will comprise the executive branch of the government; and
(i) Any other information necessary to provide a complete description of the executive structure of the government.
(3) The charter shall expressly define the officers responsible for the performance of the powers and duties of the county with respect to taxation, including, without limitation, all those duties required by law to be performed by the board of county commissioners, the county assessor, the county treasurer and the county auditor. The charter shall provide the duties and functions of each officer.
(4) Notwithstanding the foregoing, the charter may provide that executive and administrative functions will be performed by one (1) or more members of the legislative body.
[31-5808, added 1996, ch. 129, sec. 1, p. 450.]
The charter shall include such provisions as may be necessary to permit an orderly transition to the new form of government. The listing of charter provisions in this chapter shall not be construed to prevent the inclusion of additional lawful provisions in charters. The charter shall specify the date on which the charter will take effect.
[31-5809, added 1996, ch. 129, sec. 1, p. 450.]
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