31-3901. Authorization to establish ambulance service — Special
levy. —
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, which 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.
31-3902. County treasurer to establish ambulance service fund.
—
The county treasurer of each county in which an ambulance
service has been established pursuant to this act shall establish
a fund to be designated as the ambulance service fund, and used
exclusively for the purposes of this act.
31-3903. Ambulance service — Powers and duties of board of
county commissioners. —
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.
31-3904. Ambulance service — Fees. —
The board of county commissioners shall adopt a schedule of
fees to be charged for the use of said ambulance service. All
such fees shall be collected, accounted for and said 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.
31-3905. Ambulance service — Operation dependent upon resolution
of each city — Right to tax unaffected by nonservice. —
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 and of said village or city, shall not
affect the right of the board of county commissioners to levy the
tax as hereinbefore provided.
31-3906. Ambulance service — Adjacent counties and/or private
individuals and corporations may have cooperative agreement. —
The board of county commissioners of any county wherein such
ambulance service has been established is authorized in its
discretion and under such terms and conditions as it deems
appropriate to enter into a cooperative agreement with adjacent
counties 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 as determined by their
respective boards of county commissioners.
31-3907. Ambulance service — Termination of. —
Any county having adopted and established an ambulance service
as provided in this act, 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.
31-3908. Ambulance district authorized. —
(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 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 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 subsection (a) below, 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 has been created as of January 1, 1976, and the market value for assessment purposes of the district is less than three hundred million dollars ($300,000,000), the board of county commissioners is authorized to levy a special tax, not to exceed ten-hundredths percent (.10%) of market value for assessment purposes, 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.
(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.
31-3908A. Exemptions from taxation. —
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(b),
Idaho Code, as if the ordinance were making a zoning district
boundary change.
31-3909. Immunity of ambulance attendant. —
No action shall lie or be maintained for civil damages in any
court of this state against any person or person[s], or group of
persons, including ambulance attendants employed by an ambulance
service district, who offers and administers first aid or
emergency medical attention as a part of his normal duty as an
ambulance attendant to any person or person[s] 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
31-3910. Consent for emergency medical treatment. —
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.