Title 31, COUNTIES AND COUNTY LAW

31-4314. Limitation of power to incur debt. 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 in…

31-4315. Claims against district. 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 counters…

31-4316. Purpose of district. 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 sn…

31-4317. Powers of district. 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…

31-4318. Levy of tax. (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 propert…

31-4318A. Fee in lieu of taxes. (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 sect…

31-4319. Annexation of additional territory. 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 su…

31-4320. Dissolution of district — Procedure. 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 …

31-4320A. Dissolution of inactive district. 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…

31-4321. Liberal construction. The provisions of this act shall be liberally construed and applied to promote its underlying purposes and policies.

31-4322. Bond issues authorized — Form and terms. 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 …

31-4323. Creation of indebtedness for works or improvements — Election on proposed indebtedness. 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, constructio…

31-4324. Notices of election on proposed indebtedness. 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 e…

31-4325. Conduct of election for proposed indebtedness. 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…

31-4326. Indebtedness incurred upon favorable vote — Resubmission of proposition not received favorably. 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 approva…

31-4326A. Security — Tax levies and sinking fund. 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, ar…

31-4327. Recreation district reserve fund. 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…

31-4328. Recreation facilities reserve fund election. 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 t…

31-4329. Adoption of budget — Public hearing. 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.

31-4330. Notice of hearing — Posting and publication. 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…

31-4331. Public inspection. 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.

31-4332. Board attendance — Duties. 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.

31-4333. Confirmation of elections and subdistrict boundaries. 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 bou…

31-4401. Purpose and policy of law. 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…

31-4401A. Definitions. In this chapter: (1) "Major solid waste generator" means any person who generates two per cent (2%) or more of the total solid waste originating in any county. (2) "Person" means any natural person, firm, corporation, or other entity, but does not include a…

31-4402. Authority of county commissioners. The board of county commissioners in each of the several counties is hereby authorized to acquire, establish, maintain and operate such solid waste disposal systems as are necessary and to provide reasonable and convenient access to suc…

31-4403. Operation and maintenance. (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 nonexclusiv…

31-4404. Funding of operations. For the purpose of providing funds to acquire sites, facilities, operate and/or maintain solid waste disposal systems, a board of county commissioners may in addition to the authority granted in sections 31-4402 and 31-4403, Idaho Code: (1) Levy a …

31-4405. Rules and regulations — Notice of violation — Misdemeanor — Injunction. All solid waste disposal systems shall be located, maintained and operated according to rules and regulations promulgated and adopted by the state board of environmental quality. Every person who vio…

31-4406. Ordinances regulating operations and maintenance — Criminal penalties — Injunction. The board of county commissioners shall by ordinance provide for the necessary rules and regulations for the operation and maintenance of solid waste disposal systems. In addition to the …

31-4407. Existing and future municipal facilities to conform to chapter. Solid waste disposal facilities now in existence or hereafter established and maintained and/or operated by any city shall conform in the same manner as county solid waste disposal facilities as provided in …

31-4407A. Changes in status of major waste generators and municipalities — Procedures. (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 syste…

31-4408. Existing and future systems — Jurisdiction of commissioners — Disposition of waste on own land. Solid waste disposal systems now in existence or hereafter established and maintained and/or operated by other than a city shall come under the jurisdiction of the board of co…

31-4409. Joint operation by counties. Any maintenance and/or operation of a solid waste disposal system required by this act may be done jointly with any other county or counties.

31-4410. Disposal of waste at place other than waste disposal system — Misdemeanor — Civil damages — Venue of action. It shall be a misdemeanor, except at solid waste disposal systems located, maintained and operated as provided by this act, for any person to throw away, dump or …

31-4411. Preexisting contracts — Validation. Any contract for the acquisition, establishment, operation or maintenance of a solid waste disposal system, heretofore entered into by any public agency, and all acts and proceedings heretofore taken by the county commissioners or othe…

31-4501. Short title. This act may be referred to and cited as the "Idaho Pollution Control Financing Act."

31-4502. Declaration of necessity and purpose — Liberal construction. (a) The legislature of the state of Idaho hereby finds: (i) that environmental damage seriously endangers the public health and welfare; (ii) that such environmental damage results from air, water, and other re…

31-4503. Definitions. In this act, unless the context otherwise clearly requires, the terms used herein shall have the meanings ascribed to them as follows: (a) "Board" means the board of county commissioners of any county. (b) "County" means any county of the state of Idaho. (c)…

31-4504. Powers. 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 t…

31-4505. Bonds. 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…

31-4506. Security for revenue bonds. The principal of, and interest and premiums, if any, on any revenue bonds issued hereunder shall be secured by a pledge of the revenues and receipts out of which the same shall be made payable and may also be payable out of proceeds from the s…

31-4507. Payment of revenue bonds — Nonliability of state and county. Revenue bonds passed under the provisions of this act shall not be deemed to constitute a debt or liability of the state or of any political subdivision, but shall be payable solely from the funds herein provid…

31-4508. Taxation. To the extent permitted by the constitution the property acquired by any county pursuant to this act is exempt from taxation except that during any period that such property is leased by or title thereto is retained under an installment purchase contract by suc…

31-4509. Conveyance of title to lessee. At or prior to the time the principal of and interest on any revenue bonds issued hereunder to provide a particular pollution control facility have been fully paid, the county may execute such deeds and conveyances as are necessary and requ…

31-4510. Powers not restricted — Law complete in itself — Election. 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 c…