Idaho Code

Idaho Code § 31-3101 (2026)

Officers to receive salaries and account for fees.

✓ current as of May 2026

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Officers to receive salaries and account for fees.

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.

Notes of Decisions

Cited in 3 cases, 1962–1987 · leading case: La Brosse v. Bd. of Commissioners, 672 P.2d 1060 (Idaho 1983).

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La Brosse v. Bd. of Commissioners, 672 P.2d 1060 (Idaho 1983). · cites it 2× “) Also, I.C. § 31-3101 allows the county treasury to pay only those salaries which are based “upon the warrants of the county auditor” and “have been fixed or approved by action of the board of commissioners.”

Derting v. Walker, 739 P.2d 354 (Idaho 1987). · cites it 2× “The brief submitted to us on behalf of the Kootenai County Prosecutor urges upon us the monstrous proposition “that any monies he was paid for his representation were lawfully earned by him, were his private funds, were not public assets, and did not constitute ‘fees’ as…”

State ex rel. Rich v. Larson, 374 P.2d 484 (Idaho 1962). · cites it 2× “§ 31-2001) and provide for his salary to be paid from the county treasury (I.C. § 31-3101), our constitution designates the Auditor and Recorder as county officers (Art.”

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