Title 31, COUNTIES AND COUNTY LAW

31-4917. Operation of landfills, domestic septage receiving stations or resource recovery facilities by participating counties prohibited. No participating county shall acquire, construct or operate, or continue the operation of, any landfill site, domestic septage receiving stat…

31-4918. Liability of participating county. 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…

31-4919. Inclusion of additional counties. 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 ado…

31-4920. Withdrawal of participating county. 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 …

31-4921. Dissolution. 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 pa…

31-5001. Constitutional basis — Exclusive optional forms of county government. (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 boar…

31-5002. Short title — Application. (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.

31-5003. Definitions. 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 th…

31-5004. Petition or resolution to adopt an optional form of county government — Contents — Question to be submitted at general election. (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 opti…

31-5005. Election to adopt optional form of county government — Ballot question — More than one option on the ballot. (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 …

31-5006. General transition provisions. (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 fo…

31-5007. Change in status of elected officers. 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 …

31-5008. Treatment of existing ordinances and resolutions. 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.

31-5009. Effect of adoption of an optional form of county government. 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.

31-5010. Limitation on election to change the form of county government. 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…

31-5101. Appointment of study commission. (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 an…

31-5102. Study commission — Qualifications. 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.

31-5103. Study commission terms — Vacancies. (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 commissio…

31-5104. Study commission — Organization — Meetings — Conduct of business. (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 commis…

31-5105. Final report of study commission. (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 b…

31-5106. Final report recommending optional form — Election. (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 questio…

31-5201. Commission-executive form. 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 spec…

31-5202. Election of executive. The executive shall be elected at the general election following the adoption of the commission-executive form of government provided in this chapter.

31-5203. Qualifications and office of executive. (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 immedia…

31-5204. Powers of executive. (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 …

31-5205. Veto power. (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 …

31-5206. Board of county commissioners — Optional size — Districts to be redrawn. (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 siz…

31-5207. Election of additional commissioners — All members of commission may be elected to four year terms. (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 …

31-5208. Other offices. (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,…

31-5209. County clerk, ex officio auditor and recorder. 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 …

31-5210. County treasurer, ex officio tax collector and public administrator. 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 …

31-5211. County assessor. 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 an…

31-5212. County sheriff. 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 …

31-5213. County coroner. 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 d…

31-5214. County prosecuting attorney. 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…

31-5301. Commission-manager form of government. 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 co…

31-5302. Manager — Qualifications — Appointment. (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 pleas…

31-5303. Powers and duties. 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 …

31-5304. Board of county commissioners — Optional size — Districts to be redrawn. (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 siz…

31-5305. Election of additional commissioners — All members of commission may be elected to four year terms. (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 …

31-5306. Other offices. (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, I…

31-5307. County clerk, ex officio auditor and recorder. 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 …

31-5308. County treasurer, ex officio tax collector and public administrator. 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 …

31-5309. County assessor. 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 an…

31-5310. County sheriff. 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 …

31-5311. County coroner. 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 d…