TITLE 31

COUNTIES AND COUNTY LAW

CHAPTER 39

AMBULANCE SERVICE

31-3911.  ambulance service district — districts formed on and after July 1, 2020. 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.

History:

[31-3911, added 2020, ch. 209, sec. 9, p. 607.]