Idaho Code § 59-1603 — Idaho Code / Title 59 / Chapter 16 / Section 59-1603
59-1603 CONFORMITY WITH CLASSIFIED POSITIONS.
Status: in_force

59-1603. Conformity with classified positions. (1) To the extent possible, each nonclassified position in the executive department will be paid a salary or wage comparable to classified positions with similar duties, responsibilities, training, experience and other qualifications in consultation with the division of human resources. Temporary employees and agricultural inspectors referred to in subsections (m) and (o) of section 67-5303, Idaho Code, shall not be entitled to sick leave accruals provided in section 59-1605, Idaho Code, vacation leave provided in section 59-1606, Idaho Code, or holiday pay defined in subsection (15) of section 67-5302, Idaho Code, unless contributions are being made to the public employee retirement system in accordance with chapter 13, title 59, Idaho Code, and rules promulgated by the retirement board. Vacation and sick leave accruals, but not holiday pay, shall be awarded retroactively, if necessary, to the date such employees become eligible for retirement system membership.

(2) To the extent possible, nonclassified state employees in the executive department reporting to the governor or a board or commission appointed by the governor shall conform with chapter 53, title 67, Idaho Code, defining the state personnel system, in sections where nonclassified state employee personnel standards are expressly defined.

(3) To the extent possible, each nonclassified position in the legislative department will be paid a salary or wage comparable to classified positions with similar duties, responsibilities, training, experience and other qualifications.

(4) The supreme court shall determine the schedules of salary and compensation for all officers and employees of the judicial department that are not otherwise fixed by law. To the extent possible, the supreme court shall adopt schedules compatible with the state's accounting system. The judicial department may also maintain personnel records and files under such system as is ordered by the supreme court.

(5) The state board of education shall determine the schedules of salary and compensation, and prescribe policies for overtime and compensatory time off from duty, for all officers, teaching staff, and employees of the state board of education as provided by law. To the extent possible, the state board of education shall adopt schedules and policies compatible with the state's accounting system. The state board of education may also maintain personnel records and files under a system of its own, if approved by the state controller.

(6) Members of the legislature, the lieutenant governor, other officers whose salaries are fixed by law, and members of part-time boards, commissions and committees shall be paid according to law.

(7) Any schedule of salary and compensation must be approved by the appointing authority and be communicated to the state controller in writing at least thirty (30) days in advance of the effective date of the schedule.

(8) In addition to salary increases provided by any compensation schedule adopted pursuant to subsection (7) of this section, nonclassified officers and employees, except those who are elected officials or whose salaries are fixed by law, may be granted an award not to exceed two thousand dollars ($2,000) in any given fiscal year based on an affirmative certification of meritorious service. Exceptions to the two-thousand-dollar ($2,000) limit provided in this section may be granted under extraordinary circumstances if approved in advance by the state board of examiners. Appointing authorities shall submit a report to the division of financial management and the legislative services office by October 1 on all awards granted in the preceding fiscal year.

(9) In addition to salary increases provided by any compensation schedule, nonclassified officers and employees, except those who are elected officials or whose salaries are fixed by law, may be granted an award not to exceed two thousand dollars ($2,000) in any given fiscal year based on suggestions or recommendations made by the employee that resulted in taxpayer savings as a result of cost savings or greater efficiencies to the department, office or institution or to the state of Idaho in excess of the amount of the award. Exceptions to the two-thousand-dollar ($2,000) limit provided in this subsection may be granted in extraordinary circumstances if approved in advance by the state board of examiners. The appointing authority shall as near as practicable utilize the criteria in conformance with rules promulgated by the division of human resources pursuant to section 67-5309D, Idaho Code. Appointing authorities shall submit a report to the division of financial management and the legislative services office by October 1 on all employee suggestion awards granted in the preceding fiscal year. Such report shall include any changes made as a direct result of an employee's suggestion and savings resulting therefrom.

(10) Each appointing authority, including the elective offices in the executive department, the legislative department, the judicial department, and the state board of education and the board of regents, shall comply with all reporting requirements necessary to produce the list of employee positions prescribed by section 67-3519, Idaho Code.

(11) The adjutant general, with the approval of the governor, shall prescribe personnel policies for all officers and employees of the national guard that are not otherwise fixed by law. Such policies will include an employee grievance procedure with appeal to the adjutant general. The adjutant general shall determine schedules of salary and compensation that are, to the extent possible, comparable to the schedules used for federal civil service employees of the national guard and those employees serving in military status. Schedules adopted shall be compatible with the state's accounting system to the extent possible.

(12) In addition to salary increases provided by any compensation schedule, nonclassified officers and employees, except those who are elected officials or whose salaries are fixed by law, may be granted award pay for recruitment or retention purposes. Retention bonuses require affirmative certification of meritorious service after completion of at least six (6) months of service prior to issuance. Department directors and the administrator of the division of human resources are authorized to seek legal remedies available, including deductions from an employee's accrued vacation funds, from an employee who resigns during the designated period of time after receipt of a recruitment or retention bonus. Appointing authorities shall submit a report to the division of financial management and the legislative services office by October 1 on all such awards granted in the preceding fiscal year.

(13) In addition to salary increases provided by any compensation schedule, nonclassified officers and employees, except those who are elected officials or whose salaries are fixed by law, may be granted other pay as provided in this subsection. Appointing authorities shall submit a report to the division of financial management and the legislative services office by October 1 on all such awards granted in the preceding fiscal year, including:

(a) Shift differential pay up to twenty-five percent (25%) of hourly rates depending on local market rates in order to attract and retain qualified staff;

(b) Geographic differential pay in areas of the state where recruitment and retention are difficult due to economic conditions and cost of living; and

(c) Wildland firefighter differential pay up to twenty-five percent (25%) of hourly rates for wildland firefighting personnel who hold current incident qualification cards while working on the fireline of a fire incident not deemed controlled or at a fire incident helibase servicing active flights.

(14) When necessary to obtain or retain qualified personnel and when a distribution has been approved for classified employees pursuant to section 67-5309D, Idaho Code, each appointing authority, including the elective offices in the executive branch, the legislative branch, the judicial branch, and the state board of education and the board of regents of the university of Idaho, may grant nonclassified employees nonmerit pay in the same proportion as received by classified employees in that department or institution. Appointing authorities shall submit a report to the division of financial management and the legislative services office by October 1 on all such awards granted in the preceding fiscal year.

(15) Each appointing authority shall, as nearly as practicable, utilize the criteria for reimbursement of moving expenses in conformance with section 67-5337, Idaho Code, and rules promulgated by the division of human resources pursuant thereto. Appointing authorities shall submit a report to the division of financial management and the legislative services office by October 1 on all moving reimbursements granted in the preceding fiscal year.

(16) Specific pay codes shall be established and maintained in the state controller's office to ensure accurate reporting and monitoring of all pay actions authorized in this section.

History:

[59-1603, added 1977, ch. 307, sec. 16, p. 873; am. 1983, ch. 5, sec. 2, p. 21; am. 1987, ch. 228, sec. 1, p. 484; am. 1993, ch. 318, sec. 1, p. 1174; am. 1994, ch. 180, sec. 144, p. 513; am. 1994, ch. 272, sec. 6, p. 847; am. 1999, ch. 370, sec. 26, p. 1013; am. 2003, ch. 168, sec. 2, p. 477; am. 2006, ch. 380, sec. 3, p. 1176.; am. 2018, ch. 117, sec. 1, p. 247; am. 2022, ch. 112, sec. 1, p. 398; am. 2022, ch. 202, sec. 1, p. 658; am. 2023, ch. 53, sec. 3, p. 203.]
Idaho Code § 59-1019 — Idaho Code / Title 59 / Chapter 10 / Section 59-1019
59-1019 FACSIMILE SIGNATURE.
Status: in_force

59-1019. Facsimile signature.

(1)(a) Any authorized officer, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature:

(i) Any public security, provided that at least one (1) signature required or permitted to be placed thereon shall be manually subscribed, and

(ii) Any instrument of payment.

(b) Upon compliance with this act by the authorized officer, his facsimile signature has the same legal effect as his manual signature.

(2)(a) The governor, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature:

(i) All instruments, documents, and papers requiring his signature that originate with the state board of land commissioners or department of lands, except deeds of the public lands of the state; and

(ii) All instruments, documents, and papers acted upon by the state board of examiners.

(b) Upon compliance with this act by the governor, his facsimile signature has the same legal effect as his manual signature.

History:

[59-1019, added 1959, ch. 11, sec. 2, p. 28; am. 1965, ch. 132, sec. 1, p. 260; am. 2021, ch. 324, sec. 1, p. 989.]
Idaho Code § 59-501 — Idaho Code / Title 59 / Chapter 5 / Section 59-501
59-501 SALARIES OF STATE ELECTIVE OFFICERS — REGULAR PAYMENT — TRAVELING EXPENSES — FEES PROPERTY OF STATE.
Status: in_force

59-501. Salaries of state elective officers — Regular payment — Traveling expenses — Fees property of state. (1) The elected officers named in this subsection shall receive the following compensation for their services:

(a) Commencing on the first Monday in January 2023, until the first Monday in January 2027, the governor shall receive compensation of one hundred fifty-one thousand four hundred dollars ($151,400) per annum;

(b) The lieutenant governor shall receive thirty-five percent (35%) of the governor's compensation per annum;

(c) The secretary of state, state treasurer, and state superintendent of public instruction shall each receive eighty-five percent (85%) of the governor's compensation per annum;

(d) Commencing on the first Monday in January 2023, until the first Monday in January 2027, the attorney general shall receive compensation of one hundred forty-six thousand seven hundred thirty dollars ($146,730) per annum; and

(e) The state controller shall receive eighty-five percent (85%) of the governor's compensation per annum; said compensation to be audited by the legislative council.

(2) Such compensation shall be paid on regular pay periods as due out of the state treasury and shall be in full for all services by said officers, respectively, rendered in any official capacity or employment whatever during their respective terms of office; but no increase in the rate of compensation shall be made during the terms of such officers; provided however, that the actual and necessary expenses of the governor, lieutenant governor, secretary of state, attorney general, state controller, state treasurer, and superintendent of public instruction, while traveling within the state or between points within the state in the performance of official duties, shall be allowed and paid by the state; not, however, exceeding such sum as shall be appropriated for such purpose.

(3) Actual and necessary subsistence expenses of the governor while traveling in connection with the performance of official duties are hereby expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code (standard travel pay and allowance act of 1949).

(4) No officer named in this section shall receive, for the performance of any official duty, any fee for his own use, but all fees fixed by law for the performance of any official duty shall be collected in advance and deposited with the state treasurer to the credit of the state.

History:

[(59-501) 1907, ch. 465, sec. 1; compiled and reen. R.C., sec. 274; compiled and reen. C.L., sec. 274; C.S., sec. 405; am. 1927, ch. 117, sec. 1, p. 117; am. 1927, ch. 249, sec. 1, p. 412; am. 1929, ch. 30, sec. 1, p. 32; I.C.A., sec. 57-501; am. 1933, ch. 180, sec. 1, p. 334; am. 1941, ch. 70, sec. 1, p. 134; am. 1945, ch. 131, sec. 1, p. 199; am. 1949, ch. 241, sec. 1, p. 490; am. 1953, ch. 216, sec. 1, p. 330; am. 1955, ch. 69, sec. 1, p. 135; am. 1957, ch. 316, sec. 1, p. 674; am. 1961, ch. 326, sec. 1, p. 618; am. 1965, ch. 244, sec. 1, p. 596; am. 1970, ch. 263, sec. 1, p. 698; am. 1974, ch. 250, sec. 1, p. 1644; am. 1977, ch. 178, sec. 2, p. 460, am. 1978, ch. 101, sec. 1, p. 202; am. 1979, ch. 28, sec. 1, p. 44; am. 1982, ch. 303, sec. 1, p. 764; am. 1986, ch. 272, sec. 1, p. 695; am. 1989, ch. 251, sec. 1, 600; am. 1993, ch. 327, sec. 27, p. 1219; am. 1994, ch. 180, sec. 128, p. 505; am. 1994, ch. 435, sec. 1, p. 1399; am. 1998, ch. 399, sec. 1, p. 1248; am. 2002, ch. 340, sec. 1, p. 957; am. 2006, ch. 431, sec. 1, p. 1318; am. 2010, ch. 264, sec. 1, p. 666; am. 2014, ch. 356, sec. 1, p. 883; am. 2018, ch. 269, sec. 1, p. 643; am. 2022, ch. 326, sec. 1, p. 1047.]
Idaho Code § 59-505 — Idaho Code / Title 59 / Chapter 5 / Section 59-505
59-505 SALARY WHEN TITLE TO OFFICE CONTESTED — CERTIFICATE OF PENDING SUIT.
Status: in_force

59-505. Salary when title to office contested — Certificate of pending suit. As soon as such proceedings are instituted, the clerk of the court in which they are pending must certify the facts to the officers, whose duty it would otherwise be to draw such warrant or pay such salary.

History:

[(59-505) R.S., sec. 381; reen. R.C. & C.L., sec. 278; C.S., sec. 409; I.C.A., sec. 57-505.]
Idaho Code § 59-1317 — Idaho Code / Title 59 / Chapter 13 / Section 59-1317
59-1317 RIGHTS TO BENEFITS INALIENABLE.
Status: in_force

59-1317. Rights to benefits inalienable. [effective until January 1, 2027] (1) The right of a person to any benefits under this chapter and the money in any fund created by this chapter shall not be assignable or subject to execution, garnishment or attachment or to the operation of any bankruptcy or insolvency law.

(2) Notwithstanding subsection (1) of this section, the benefits of a member or alternate payee shall be subject to garnishment, execution, or wage withholding under chapter 12, title 7, Idaho Code, for the enforcement of an order for the support of a minor child.

(3) Notwithstanding subsection (1) of this section, prior to July 1, 1998, should a court order direct distribution or partial distribution of a member benefit defined in either chapter 13, title 59, Idaho Code, or chapter 14, title 72, Idaho Code, be made to the member's spouse or former spouse, that member's full benefit entitlement will be forwarded to the court for distribution.

(4) Notwithstanding subsection (1) of this section, on or after July 1, 1998, should a court order direct distribution or partial distribution of a member's benefit defined in either chapter 13, title 59, Idaho Code, or chapter 14, title 72, Idaho Code, be made to the member's spouse or former spouse, the court order must be an approved domestic retirement order and shall comply with the requirements of sections 59-1319 and 59-1320, Idaho Code.

(5) Notwithstanding subsection (1) of this section, should a court order establish a trust pursuant to section 15-5-409, Idaho Code, the full benefit entitlement will be forwarded to the trustee, naming the trustee as payee.

59-1317. Rights to benefits inalienable. [effective January 1, 2027] (1) The right of a person to any benefits under this chapter and the money in any fund created by this chapter shall not be assignable or subject to execution, garnishment or attachment or to the operation of any bankruptcy or insolvency law.

(2) Notwithstanding subsection (1) of this section, the benefits of a member or alternate payee shall be subject to garnishment, execution, or wage withholding under chapter 12, title 7, Idaho Code, for the enforcement of an order for the support of a minor child.

(3) Notwithstanding subsection (1) of this section, prior to July 1, 1998, should a court order direct distribution or partial distribution of a member benefit defined in either chapter 13, title 59, Idaho Code, or chapter 14, title 72, Idaho Code, be made to the member's spouse or former spouse, that member's full benefit entitlement will be forwarded to the court for distribution.

(4) Notwithstanding subsection (1) of this section, on or after July 1, 1998, should a court order direct distribution or partial distribution of a member's benefit defined in either chapter 13, title 59, Idaho Code, or chapter 14, title 72, Idaho Code, be made to the member's spouse or former spouse, the court order must be an approved domestic retirement order and shall comply with the requirements of sections 59-1319 and 59-1320, Idaho Code.

(5) Notwithstanding subsection (1) of this section, should a court order establish a trust pursuant to chapter 5, title 15, Idaho Code, the full benefit entitlement will be forwarded to the trustee, naming the trustee as payee.

History:

[(59-1317) 1963, ch. 349, Art. 7, sec. 1, p. 988; am. 1985, ch. 168, sec. 4, p. 448; am. 1986, ch. 221, sec. 5, p. 588; 1990, am. and redesignated, ch. 231, sec. 15, p. 625; am. 1996, ch. 102, sec. 1, p. 405; am. 1998, ch. 22, sec. 2, p. 134; am. 2026, ch. 79, sec. 28, p. 419.]
Idaho Code § 59-809 — Idaho Code / Title 59 / Chapter 8 / Section 59-809
59-809 RECORD OF OFFICIAL BONDS.
Status: in_force

59-809. Record of official bonds. Official bonds, after having been approved, must be recorded in a book kept for that purpose, and entitled "Record of Official Bonds."

History:

[59-809, added 1971, ch. 136, sec. 64, p. 522.]
Idaho Code § 59-1025 — Idaho Code / Title 59 / Chapter 10 / Section 59-1025
59-1025 ELIGIBILITY OF BLIND PERSONS UNDER MERIT SYSTEMS.
Status: in_force

59-1025. Eligibility of blind persons under merit systems. No partially or totally blind person shall be denied employment under the provisions of any merit system now in effect or hereafter to be established in any department, agency or office of the state of Idaho solely because of his blind condition unless it is clearly demonstrated that sight is essential to the performance of duties. When applying for employment under the provisions of the merit system, a partially or totally blind person may use the services of a reader to assist him in any written examinations.

History:

[59-1025, added 1965, ch. 88, sec. 1, p. 148.]
Idaho Code § 59-1412 — Idaho Code / Title 59 / Chapter 14 / Section 59-1412
59-1412 DISPUTES.
Status: in_force

59-1412. Disputes. Any dispute concerning a question of fact arising under this act with respect to an office in the executive branch of the state government (except a dispute of fact relative to the office of governor) shall be adjudicated by the governor (or other official authorized under the constitution or this act to exercise the powers and discharge the duties of the office of governor) and his decision shall be final.

History:

[59-1412, added 1961 (Ex. Sess.), ch. 2, sec. 12, p. 12.]
Idaho Code § 59-1602 — Idaho Code / Title 59 / Chapter 16 / Section 59-1602
59-1602 APPLICABILITY OF FEDERAL MERIT SYSTEM STANDARDS.
Status: in_force

59-1602. Applicability of federal merit system standards. Notwithstanding any other provision wherever federal merit system standards are applicable to any nonclassified position, officer or employee, financed in whole or in part by federal funds, rules and regulations shall be established by the board of examiners for executive agencies, or by the legislative council for legislative agencies, to the extent necessary to apply such standards to personnel administration in such grant-in-aid programs.

History:

[59-1602, added 1977, ch. 307, sec. 16, p. 873.]
Idaho Code § 59-304 — Idaho Code / Title 59 / Chapter 3 / Section 59-304
59-304 FORM OF COMMISSION.
Status: in_force

59-304. Form of commission. The commissions of all officers commissioned by the governor must be issued in the name of the people of this state, and must be signed by the governor and attested by the secretary of state, under the great seal.

History:

[(59-304) R.S., sec. 338; am. R.C., sec. 265; reen. C.L., sec. 265; C.S., sec. 396; I.C.A., sec. 57-304.]
Idaho Code § 59-907 — Idaho Code / Title 59 / Chapter 9 / Section 59-907
59-907 PROSECUTING ATTORNEY — VACANCY — RESIDENCY — CONTRACTING WITH ANOTHER PROSECUTING ATTORNEY.
Status: in_force

59-907. Prosecuting attorney — Vacancy — Residency — Contracting with another prosecuting attorney. (1) In the event a vacancy exists and there are three (3) or fewer resident attorneys in the county who are willing and qualified to perform the functions of prosecuting attorney as set forth in chapter 26, title 31, Idaho Code, the board of county commissioners may appoint and/or contract with an attorney from outside the county to perform the duties of prosecuting attorney for the balance of the unexpired term or such shorter period as the board of county commissioners shall determine.

(2) A county may contract for prosecutorial services with another prosecuting attorney provided that:

(a) The circumstances of subsection (1) of this section have occurred;

(b) The boards of county commissioners of both affected counties adopt resolutions so authorizing the prosecutor to fill the vacancy or appointment and/or contract; and

(c) The length of the term of appointment or contract complies with subsection (1) of this section.

(3) Subsection (2) of this section shall operate as a limited exception to that portion of section 31-2601, Idaho Code, that prohibits a prosecuting attorney from holding any other county office.

History:

[59-907, added 1988, ch. 295, sec. 2, p. 936; am. 1996, ch. 158, sec. 1, p. 501; am. 2006, ch. 115, sec. 1, p. 314.]
Idaho Code § 59-1011 — Idaho Code / Title 59 / Chapter 10 / Section 59-1011
59-1011 FURNISHING ACCOUNT BOOKS — EXAMINATION BY CITIZENS.
Status: in_force

59-1011. Furnishing account books — Examination by citizens. It shall be the duty of the state and county officers respectively charged with furnishing books and stationery for public use, to furnish suitable books for the purpose to such officers; and such books shall be subject to examination by any citizen at any reasonable time, and such citizen shall be entitled to take memoranda from the same without charges being imposed: provided, if any person or persons desire certified copies of any such account, the officer or person in charge of said books shall be entitled to demand and receive fees for the same, as for copies of other public records in his control.

History:

[(59-1011) 1901, p. 208, sec. 2; reen. R.C. & C.L., sec. 343; C.S., sec. 481; I.C.A, sec. 57-1011.]
Idaho Code § 59-1110 — Idaho Code / Title 59 / Chapter 11 / Section 59-1110
59-1110 ASSESSMENT OF SPECIAL FUNDS.
Status: in_force

59-1110. Assessment of special funds. The state board of examiners shall assess any special fund of the state from which salaries are paid, for the full amount due as state participation, when and as the state controller shall certify such amounts as due and payable; and all such amounts are hereby appropriated for transfer from whatever fund or funds as shall be concerned, to the social security trust fund, save and except the several endowment earning funds.

History:

[59-1110, added 1951, ch. 18, sec. 5, p. 27; am. 1994, ch. 180, sec. 139, p. 511.]
Idaho Code § 59-1352B — Idaho Code / Title 59 / Chapter 13 / Section 59-1352B
59-1352B PUBLIC SAFETY OFFICER CATASTROPHIC INJURY OR DEATH LINE OF DUTY BENEFITS.
Status: in_force

59-1352B. PUBLIC SAFETY OFFICER catastrophic injury or death Line of Duty benefits. (1) For purposes of this section:

(a) "Catastrophic injury" means a sudden, violent, life-threatening, duty-related injury sustained by an active member within the scope of the public safety officer's duties and within the department policy that is due to an externally caused event such as a motor vehicle collision, gunshot wound, aggravated battery, structural collapse, significant fall, or other external event or events that is not self-inflicted or the result of intoxication; provided, however, that no psychological injury, disorder, or condition shall be considered a catastrophic injury under this definition. The injury, if it does not result in death, must be of such severity that it causes the loss of ability to maintain certifications required by the state of Idaho, the member's department, or both. The injury shall be supported by evidence of one (1) or more of the following conditions:

(i) Total, complete, permanent, and uncorrectable loss of sight in both eyes;

(ii) Total, complete, permanent, and uncorrectable loss of hearing in both ears;

(iii) Total, complete, and permanent loss of the ability to speak;

(iv) Total, complete, and permanent loss of the use of one (1) or both feet at or above the ankle;

(v) Total, complete, and permanent loss of the use of one (1) or both hands at or above the wrist;

(vi) Injury to the spine that results in a total, permanent, and complete paralysis of both arms, both legs, or one (1) arm and one (1) leg;

(vii) An externally caused, physical traumatic injury to the brain that renders the member physically or mentally unable to perform the duties of a public safety officer; or

(viii) A catastrophic injury that results in death.

(b) "Catastrophic injury that results in death" means the death of a public safety officer in a manner that would qualify for the payment of death benefits pursuant to regulations issued by the United States department of justice pursuant to 34 U.S.C. 10281; provided, however, that the retirement board is authorized to revise such definition.

(c) "Catastrophic line of duty benefits" means benefits payable to:

(i) A public safety officer who sustains a catastrophic injury pursuant to this section; or

(ii) The surviving spouse of a public safety officer who sustained a catastrophic injury that results in death.

(d) "Dependent child" means a surviving natural or legally adopted child who is under twenty-one (21) years of age at the time of a public safety officer's catastrophic injury that results in death.

(e) "Public safety officer" means a police officer member as set forth in section 59-1303, Idaho Code, or a firefighter member as set forth in section 59-1302(16), Idaho Code.

(2) A public safety officer who sustains a catastrophic injury or the surviving spouse of a public safety officer who sustained a catastrophic injury that results in death as set forth in this section is eligible for:

(a) A onetime permanent catastrophic injury benefit in the amount of five hundred thousand dollars ($500,000); and

(b) An ongoing annual benefit in an amount not less than seventy-five thousand dollars ($75,000) per year, to be adjusted every four (4) years pursuant to an actuarial study to determine the change in average public safety officer benefits over the previous four (4) years.

(3) In the event of a public safety officer's catastrophic injury that results in death, if there is no surviving spouse, the public safety officer's dependent children are eligible for the benefit provided for in subsection (2)(a) of this section. Benefits to dependent children shall be paid in accordance with the provisions of chapter 8, title 68, Idaho Code; provided that when there are multiple dependent children, the benefit shall be divided equally among them.

(4) In the event a public safety officer receiving the catastrophic line of duty benefit as set forth in this section dies and leaves a surviving spouse to whom the member was married at the time of the catastrophic injury, such surviving spouse shall receive the catastrophic line of duty benefit for the duration of such spouse's life to which the public safety officer would have been entitled.

(5) The benefits payable under this section shall not be subject to Idaho state income tax.

(6) A public safety officer, the public safety officer's surviving spouse, or the public safety officer's surviving dependent child who seeks to obtain benefits under this section shall apply to the retirement board within twelve (12) months of the date of the incident resulting in the public safety officer's catastrophic injury. No benefit shall be payable unless the retirement board determines eligibility pursuant to the requirements of this section. A public safety officer's refusal to submit to a medical examination ordered by the board before the commencement of a catastrophic line of duty benefit or at any reasonable time thereafter shall constitute proof that the member is not eligible for the benefits provided for in this section.

(7) The benefits provided for in this section shall not be in addition to other benefits under this chapter.

(8) If a public safety officer who qualifies for benefits provided for in this section again becomes an employee in a nonpublic safety officer position as defined in sections 59-1302(14) and (16) and 59-1303, Idaho Code, as a result of returning to employment with an employer as defined in section 59-1302(15), Idaho Code, the public safety officer may elect to continue receiving benefits and not accrue additional service. In such circumstance, no contributions shall be made by the member during such reemployment and the public safety officer catastrophic line of duty benefit payable on the behalf of the member shall continue.

(9) It is the intent of the legislature that this benefit shall be funded solely by public safety officers in perpetuity and not by an employer as defined in section 59-1302(15), Idaho Code. Therefore, the costs associated with providing this benefit as determined by the board shall be paid solely by public safety officers. An actuarial cost analysis of the benefit will be performed every four (4) years by the board. However, in instances involving a catastrophic injury that results in death, the first one hundred thousand dollars ($100,000) of the benefit shall be paid for by the employers of public safety officers as an additional contribution component separate and distinct from all other obligations under this chapter. The portion of costs to be paid by the employers of public safety officers pursuant to this subsection is a continuation of how such costs were previously paid for public safety officer death benefits. Such costs shall be paid in a manner as determined by the board.

(10) Any individual who qualified for or was eligible to receive the public safety officer death benefit between July 1, 2021, and the effective date of this subsection shall receive the balance of the improved benefit as provided for in this section.

History:

[59-1352B, added 2021, ch. 143, sec. 1, p. 395; am. 2026, ch. 118, sec. 2, p. 597.]
Idaho Code § 59-1305A — Idaho Code / Title 59 / Chapter 13 / Section 59-1305A
59-1305A CRIMINAL HISTORY CHECKS.
Status: in_force

59-1305A. criminal history checks. (1) The public employee retirement system of Idaho (PERSI), through the cooperation of the Idaho state police, shall establish a system to obtain a criminal history check on individuals, including but not limited to classified and nonclassified employees as defined in section 67-5302, Idaho Code, those who will have access to personally identifiable information, and those who will have access to initiate or approve financial transactions. The criminal history check shall be based on a completed ten (10) finger fingerprint card or scan and shall include, at a minimum, information from the following state and national databases:

(a) The Idaho bureau of criminal identification; and

(b) The federal bureau of investigation.

(2) PERSI shall charge all such individuals a fee necessary to cover the cost of undergoing a criminal history check pursuant to this section. The total fee shall be sufficient to cover the net costs charged by the federal bureau of investigation and the Idaho state police. A record of all background checks shall be maintained by PERSI. A copy shall be provided to the applicant upon request.

(3) The Idaho state police and PERSI shall implement a joint exercise of powers agreement pursuant to sections 67-2328 through 67-2333, Idaho Code, necessary to implement the provisions of this section.

History:

[59-1305A, added 2022, ch. 40, sec. 1, p. 104.]
Idaho Code § 59-1320 — Idaho Code / Title 59 / Chapter 13 / Section 59-1320
59-1320 APPROVED DOMESTIC RETIREMENT ORDERS — APPLICATION AND EFFECT.
Status: in_force

59-1320. Approved domestic retirement orders — Application and effect. (1) The executive director of the public employee retirement system or his designee upon receipt of a copy of a domestic retirement order, shall determine whether the order is an approved domestic retirement order and shall notify the member and the alternate payee of the determination within ninety (90) days. Orders shall be applied prospectively only from the first day of the month following the order being determined to be an approved domestic retirement order. The retirement system shall then pay benefits or establish a segregated account in accordance with the order. When established, the segregated account will consist of accumulated contributions identified in the approved domestic retirement order together with accrued interest on that amount from the effective date to the date of segregation.

(2) If the order is determined not to be an approved domestic retirement order, or if no determination is issued within ninety (90) days, the member or the alternate payee named in the order may move the court which issued the order to amend the order so that it will be approved. The court that issued the order or which would otherwise have jurisdiction over the matter has jurisdiction to amend the order so that it will be qualified even though all other matters incident to the action or proceeding have been fully and finally adjudicated.

(3) The executive director of the retirement system to which a domestic retirement order is submitted or his designee has exclusive authority to determine whether a domestic retirement order is an approved domestic retirement order. If it is determined that a domestic retirement order does not meet the requirements for an approved domestic retirement order, both the issuing court and the parties to the order shall be notified so action may be taken to amend the order.

(4) Because an approved domestic retirement order cannot cause the retirement system to pay any benefit or any amount of benefit greater than would have been paid had the member's account not been segregated, disputes related to benefits paid under an approved domestic retirement order shall be resolved between the parties to the order by the court issuing that order. The retirement system shall not be made a party to the action. Any cost, including attorney's fees, incurred by the retirement system as a result of such actions shall be distributed by the court among the parties and included in any amended order issued.

(5) Unless the approved domestic retirement order specifies differently, if the member has a right to a vested benefit as of the effective date of the order, then both the member and the alternate payee shall have a right to a vested benefit after the transfer of months of service even if the member or the alternate payee has less than sixty (60) months of membership service.

(6) For benefits under chapter 13, title 59, Idaho Code, for members other than retired members, if the domestic retirement order awards to the alternate payee a portion of the member's accumulated contributions the alternate payee shall be entitled to all the same benefits and rights an inactive member has under chapter 13, title 59, Idaho Code. The alternate payee's benefit calculation for a lifetime annuity shall use the member's average monthly salary and base period as of the effective date of the order and the months of credited service transferred to the alternate payee's segregated account. The benefit calculation shall use the alternate payee's age with the appropriate reduction factors based on the alternate payee's age at the time of payment of the lifetime annuity. For the purpose of the lifetime annuity, the bridging factor, as specified in section 59-1355, Idaho Code, shall be the bridging factor between the effective date of the order or the last day of contributions by the member prior to the effective date of the order, whichever is earliest, and the date of the first lifetime annuity payment to the alternate payee. The alternate payee shall have the right to select any of the optional retirement allowances provided in section 59-1351, Idaho Code. The alternate payee shall have the right to name a beneficiary.

(7) For benefits defined under chapter 13, title 59, Idaho Code, for retired members, and for benefits under chapter 14, title 72, Idaho Code, the retirement system shall include in the alternate payee's amount or percentage of the benefit, on a proportional basis, all future adjustments, including postretirement increases that are granted by the retirement system, and any death benefit.

(8) For benefits under chapter 13, title 59, Idaho Code, for retired members, the form of payment previously elected by the member under section 59-1351, Idaho Code, cannot be changed by a domestic retirement order, except that a member's benefit may be adjusted as provided in section 59-1351(2), Idaho Code, if an alternate payee waives all survivor benefits otherwise payable as a contingent annuitant as provided in section 59-1319(1)(e), Idaho Code. Furthermore, no segregated account will be established by the retirement system for the alternate payee. Upon the death of the alternate payee, his/her percentage of the benefit will revert to the person or persons, including the member, who are entitled to the benefit under the system at the time of the alternate payee's death.

(9) For benefits defined under chapter 14, title 72, Idaho Code, the benefit transferred to the alternate payee shall start when the retirement system begins paying benefits to the member, surviving spouse, or surviving children of the member. The transferred benefit shall be payable only for the lifetime of the alternate payee and it shall not revert to the member, surviving spouse or surviving children of the member.

(10) The retirement system shall be authorized to issue any and all appropriate tax forms or reports for any payments made to the alternate payee.

(11) The retirement system, the retirement board, and officers and employees of the retirement system shall not be liable to any person for making payments of any benefits in accordance with an approved domestic retirement order.

History:

[59-1320, added 1998, ch. 22, sec. 4, p. 136; am. 1999, ch. 198, sec. 4, p. 516; am. 2004, ch. 328, sec. 2, p. 981; am. 2006, ch. 19, sec. 1, p. 71.]
Idaho Code § 59-1112 — Idaho Code / Title 59 / Chapter 11 / Section 59-1112
59-1112 PAYMENTS FROM SPECIAL FUNDS.
Status: in_force

59-1112. Payments from special funds. When any fund except endowment earning funds, is defined or dedicated to particular purpose or purposes, then the legislature hereby declares that the payment of state contributions in participation on salaries and wages paid from such fund for such purposes is in accord with such purpose or purposes.

History:

[59-1112, added 1951, ch. 18, sec. 7, p. 27.]
Idaho Code § 59-1393 — Idaho Code / Title 59 / Chapter 13 / Section 59-1393
59-1393 CONTRIBUTIONS.
Status: in_force

59-1393. Contributions. (1) Employers shall deduct, withhold and remit contributions from the salaries of paid firefighters who were employed as paid firefighters prior to October 1, 1980, as provided by section 72-1431, Idaho Code.

(2) Employers shall make payments required by the provisions of section 72-1432, Idaho Code, for all paid firefighters employed prior to October 1, 1980.

(3) Employers shall deduct, withhold and remit contributions from the salaries of paid firefighters, whose employment begins on or after October 1, 1980, and make employer contributions for such paid firefighters, as provided in chapter 13, title 59, Idaho Code, on and after October 1, 1980.

History:

[(59-1393) 1979, ch. 147, sec. 3, p. 453; am. 1980, ch. 50, sec. 40, p. 102; am. and redesig. 1990, ch. 231, sec. 63, p. 646.]
Idaho Code § 59-1005 — Idaho Code / Title 59 / Chapter 10 / Section 59-1005
59-1005 GREAT SEAL OF STATE.
Status: in_force

59-1005. Great seal of state. The design drawn and executed by Miss Emma Edwards, of Boise City, and reported and recommended by the select joint committee to devise a great seal for the state, with the Latin motto "Esto Perpetua," is adopted, and is hereby made the great seal of the state of Idaho. The painting shall serve as the model as to color and form for the center of the seal. The five-pointed star in the painting shall be within a border encircling the painting. Within the border shall be the words: Great Seal of the state of Idaho. The secretary of state, with the approval of the state board of examiners, shall have designed the appropriate encircling border and wording as herein set forth and shall have the same superimposed on a fully colored reproduction of the painting. This, when completed, shall be designated as the "Official Copy" of the great seal of the state of Idaho and shall be maintained in the office of the secretary of state.

History:

[(59-1005) 1890-1891, p. 215, sec. 1; reen. 1899, p. 147, sec. 1; am. R.C., sec. 337; reen. C.L., sec. 475; I.C.A., sec. 57-1005; am. 1957, ch. 238, sec. 1, p. 568.]
Idaho Code § 59-1394 — Idaho Code / Title 59 / Chapter 13 / Section 59-1394
59-1394 EXCESS COSTS — ADDITIONAL CONTRIBUTIONS.
Status: in_force

59-1394. Excess costs — Additional contributions. (1) In addition to the employee and employer contributions required by chapter 14, title 72, Idaho Code, additional contributions shall be required to fund the provisions of this section. These costs shall be borne by employers and by the state of Idaho as hereinafter provided.

(a) Fifty percent (50%) of the gross receipts by the state of the tax on fire insurance premiums, as provided by section 41-402, Idaho Code, is hereby perpetually appropriated to the public employee retirement account for the purpose of partially funding the benefit payment requirements imposed by the provisions of chapter 14, title 72, Idaho Code.

(b) The board shall conduct studies from time to time to determine the additional contributions required to fund the rights conferred by chapter 14, title 72, Idaho Code, above and beyond the initial contribution from the fire insurance premium tax required by subsection (1) (a) of this section. If such studies indicate the value of the benefits exceeds the required contributions otherwise prescribed, the board shall establish an additional contribution rate necessary to bring the amounts into balance. The cost of such additional contribution shall be borne equally by the employers through additional contributions and the state of Idaho through the fire insurance premium tax. In addition to appropriation of the fire insurance premium tax contained in subsection (1) (a) of this section, the amount of the gross receipts by the state of the tax on fire insurance premiums, as provided by section 41-402, Idaho Code, necessary to match dollar for dollar the additional contribution required of employers is hereby perpetually appropriated commencing July 1, 1980 to the public employee retirement account for the purpose of subsection (1) (b) of this section. If the matching funds herein provided equal one hundred percent (100%) of the gross receipts from the fire insurance premium tax, the employers shall contribute the balance of the monies required to meet the required contribution rate. The additional contribution rate from the employers commencing October 1, 1980 shall be ten percent (10%) of the pay period salary of each paid firefighter until next determined by the board.

(2) Nothing herein contained shall prevent the board from contracting with employers to provide a schedule of contributions which will retire any excess cost over a given period of time, not to exceed fifty (50) years. In the event that such agreements are reached, the amount of the fire insurance premium tax necessary to match additional employer contributions is continuously appropriated for that purpose.

History:

[(59-1394) 1979, ch. 147, sec. 7, p. 454; am. 1980, ch. 50, sec. 44, p. 103; am. and redesig. 1990, ch. 231, sec. 64, p. 646; am. 1996, ch. 208, sec. 14, p. 672; am. 1996, ch. 322, sec. 57, p. 1086.; am. 2026, ch. 36, sec. 15, p. 161.]
Idaho Code § 59-826 — Idaho Code / Title 59 / Chapter 8 / Section 59-826
59-826 RELEASE OF SURETIES — OFFICE DECLARED VACANT.
Status: in_force

59-826. Release of sureties — Office declared vacant. In twenty (20) days after the service of such notice the judge, court, board, officer, or other person with whom the same is filed, must make an order declaring such office vacant, and releasing such surety from all liability thereafter to arise on such official bond, and such office thereafter is in law vacant, and must be immediately filled by election or appointment, as provided for by law, as in other cases of vacancy of such office, unless such officer has, before that time, given good and ample surety for the discharge of all his official duties as required originally.

History:

[59-826, added 1971, ch. 136, sec. 81, p. 522.]
Idaho Code § 59-808 — Idaho Code / Title 59 / Chapter 8 / Section 59-808
59-808 ORIGINAL BOND NOT DISCHARGED BY ADDITIONAL BOND.
Status: in_force

59-808. Original bond not discharged by additional bond. In no case is the original bond discharged or affected when an additional bond has been given, but the same remains of like force and obligation as if such additional bond had not been given.

History:

[59-808, added 1971, ch. 136, sec. 63, p. 522.]
Idaho Code § 59-1401 — Idaho Code / Title 59 / Chapter 14 / Section 59-1401
59-1401 SHORT TITLE.
Status: in_force

59-1401. Short title. This act shall be known and may be cited as the "Emergency Interim Executive and Judicial Succession Act."

History:

[59-1401, added 1961 (Ex. Sess.), ch. 2, sec. 1, p. 12.]
Idaho Code § 59-1345 — Idaho Code / Title 59 / Chapter 13 / Section 59-1345
59-1345 VESTED MEMBER ELIGIBLE FOR EARLY RETIREMENT.
Status: in_force

59-1345. Vested member eligible for early retirement. A vested member who is not eligible for either service retirement or disability retirement is eligible for early retirement if he is within ten (10) years of being eligible for service retirement. Additionally, a vested member is eligible for early retirement on termination of disability retirement as provided by section 59-1354(2), Idaho Code.

History:

[59-1345, added 1990, ch. 231, sec. 33, p. 634; am. 1994, ch. 209, sec. 2, p. 663; am. 1999, ch. 199, sec. 3, p. 525.]
Idaho Code § 59-1101A — Idaho Code / Title 59 / Chapter 11 / Section 59-1101A
59-1101A AUTHORITY TO ACCESS RECORDS.
Status: in_force

59-1101A. authority to access records. The state controller serving as the state social security administrator shall take such actions as may be necessary to ensure compliance with 42 U.S.C. section 418 and for this purpose shall have the power and authorization to inspect and copy, at any reasonable time, the records maintained by an agency whenever it is necessary for such compliance purposes. Access shall include, but not be limited to, examining, copying, transferring, receiving and making use of records, papers, letters, correspondence and transactions, whether printed or electronic. Such records may include otherwise nonpublic confidential employer and individual information necessary for the purposes of complying with 42 U.S.C. section 418. The administrator as recipient will implement, maintain and comply with technical and physical safeguards to protect the security, confidentiality and integrity of information consistent with the confidentiality rules and requirements of the issuing department or agency. For purposes of this section, "agency" shall mean each department, division, public body corporate and politic, elected and appointed board and commission, office and institution, educational or otherwise and instrumentalities thereof, including agencies hereinafter created in state and local government as set forth in chapter 11, title 59, Idaho Code.

History:

[59-1101A, added 2011, ch. 283, sec. 3, p. 771.]
Idaho Code § 59-1107A — Idaho Code / Title 59 / Chapter 11 / Section 59-1107A
59-1107A RECOVERY OF OVERPAYMENTS — PAYMENT OF EXPENSES AND DISTRIBUTION OF RECOVERIES.
Status: in_force

59-1107A. Recovery of overpayments — Payment of expenses and distribution of recoveries. The state controller is authorized to recover on behalf of the state and all governmental entities enumerated in section 59-1101, Idaho Code, and on behalf of all officers and employees thereof, social security overpayments made to the United States treasury.

The expenses incurred by the state controller in recovering such overpayments for a state agency and its employees or any governmental entity other than a school district and its employees shall be charged to the state agency or such governmental entity. In the event the state controller incurs expenses in connection with a program to seek such a recovery on behalf of more than one (1) state agency or governmental entity, he shall allocate such expenses to such state agencies and governmental entities in such manner as he deems reasonable. The state controller may bill state agencies and governmental entities other than school districts directly for such expenses or may reduce the amount of their recovery of social security funds or credits by the amount of such expenses.

Expenses incurred for recovery of funds on behalf of school districts and their employees may be paid out of any recoveries of overpayments on behalf of school districts.

The state controller may take such actions as he deems reasonable in the recovery of such overpayments including contracting with third parties for the recovery of such funds.

The full amount of any recoveries of overpayments for employees of the state and all governmental entities shall be refunded to such employees. The amount of any recoveries on behalf of the state and its agencies and school districts after deducting the expenses of collection shall be transferred to the state general account. Any expenses previously paid by a state agency shall be refunded to such state agency from such recoveries. Any unpaid expenses shall be paid from such recoveries. The amount of any recoveries on behalf of other governmental entities after deducting any unpaid expenses of collection shall be refunded to such governmental entities or allowed as a credit against future social security liability.

History:

[59-1107A, added 1983, Ch. 2, 1st E.S., sec. 1, p. 7; am. 1994, ch. 180, sec. 137, p. 510.]
Idaho Code § 59-1408 — Idaho Code / Title 59 / Chapter 14 / Section 59-1408
59-1408 SPECIAL EMERGENCY JUDGES.
Status: in_force

59-1408. Special emergency judges. In the event that any judge of any court is unavailable to exercise the powers and discharge the duties of his office, and in the event no other judge authorized to act in the event of absence, disability or vacancy or no special judge appointed in accordance with the provisions of the constitution or statutes is available to exercise the powers and discharge the duties of such office, the duties of the office shall be discharged and the powers exercised by the special emergency judges hereinafter provided for:

(a) The governor, upon approval of this act, shall designate for each member of the Supreme Court special emergency judges in the number of not less than three (3) nor more than seven (7) for each member of said court and shall specify their order of succession.

(b) The chief justice of the Supreme Court in consultation with the other members of said court, upon approval of this act, shall designate for each court of record except the Supreme Court, special emergency judges in the number of not less than three (3) nor more than seven (7) for each judge of said courts and shall specify their order of succession.

(c) The chief judge of the district court (or the presiding or senior judge of a district in consultation with the other judges of that district where there is more than one judge), upon approval of this act, shall designate not less than three (3) special emergency judges for courts not of record within that district and shall specify their order of succession. Such special emergency judges shall, in the order specified, exercise the powers and discharge the duties of such office in case of the unavailability of the regular judge or judges or persons immediately preceding them in the designation. The designating authority shall review and revise, as necessary, designations made pursuant to this act to insure their current status. Said emergency special judges shall discharge the duties and exercise the powers of such office until such time as a vacancy which may exist shall be filled in accordance with the constitution and statutes or until the regular judge or one preceding the designee in the order of succession becomes available to exercise the powers and discharge the duties of the office.

History:

[59-1408, added 1961 (Ex. Sess.), ch. 2, sec. 8, p. 12.]
Idaho Code § 59-815 — Idaho Code / Title 59 / Chapter 8 / Section 59-815
59-815 SUITS BY PERSONS INJURED.
Status: in_force

59-815. Suits by persons injured. Every official bond executed by any officer pursuant to law is in force and obligatory upon the principal and sureties therein to and for the state of Idaho, and to and for the use and benefit of all persons who may be injured or aggrieved by the wrongful act or default of such officer in his official capacity, and any person so injured or aggrieved may bring suit on such bond, in his own name, without an assignment thereof.

History:

[59-815, added 1971, ch. 136, sec. 70, p. 522.]
Idaho Code § 59-1104 — Idaho Code / Title 59 / Chapter 11 / Section 59-1104
59-1104 INCLUSION OF EMPLOYEES — TIME ALLOWED.
Status: in_force

59-1104. Inclusion of employees — Time allowed. Each department and agency of the state of Idaho, and each political subdivision as defined in section 59-1101, which shall pay and disburse salary and wages separately shall have ninety (90) days from and after the date when the Federal Social Security Act shall be amended to include its officers and employees in the eligible group within which to take the necessary steps to include its officers and employees within such eligible group.

History:

[59-1104, added 1949, ch. 285, sec. 4, p. 586.]
Idaho Code § 59-1109 — Idaho Code / Title 59 / Chapter 11 / Section 59-1109
59-1109 APPROPRIATIONS — DATE OF TRANSFER.
Status: in_force

59-1109. Appropriations — Date of transfer. Appropriations from the general fund of the state for the purposes of said Public Law 734, in accordance with sections 59-1101—59-1104, shall be transferred into said social security trust fund on the effective date of any such appropriation acts.

History:

[59-1109, added 1951, ch. 18, sec. 4, p. 27.]
Idaho Code § 59-1005A — Idaho Code / Title 59 / Chapter 10 / Section 59-1005A
59-1005A AUTHORSHIP AND DESCRIPTION OF GREAT SEAL OF STATE.
Status: in_force

59-1005A. Authorship and description of great seal of state. The inscription of authorship of the great seal of state shall appear as follows: 1891 EMMA EDWARDS GREEN – PAUL B. EVANS rev. 1957. The new inscription shall be located in the same place and manner as the previous inscription, using more space as is necessary. In gratitude for and as a tribute to Emma Edwards Green for her design of the Idaho state seal is her description of the seal in her own words:

"Before designing the seal, I was careful to make a thorough study of the resources and future possibilities of the state. I invited the advice and counsel of every member of the legislature and other citizens qualified to help in creating a seal of state that really represented Idaho at that time. Idaho had been admitted into the Union on July 3rd, 1890, and on March 14, 1891, adopted my design for the great seal of the state of Idaho.

The question of woman suffrage was being agitated somewhat, and as leading men and politicians agreed that Idaho would eventually give women the right to vote, and as mining was the chief industry, and the mining man the largest financial factor at that time, I made the figure of the man the most prominent in the design, while that of the woman, signifying justice, as noted by the scales; liberty, as noted by the liberty cap on the end of the spear, and equality with man as denoted by her positions at his side, also signifies freedom. The pick and shovel held by the miner, and the ledge of rock beside which he stands, as well as the pieces of ore scattered about his feet, all indicate the chief occupation of the state. The stamp mill in the distance, which you can see by using a magnifying glass, is also typical of the mining interest of Idaho. The shield between the man and woman is emblematic of the protection they unite in giving the state. The large fir or pine tree in the foreground in the shield refers to Idaho's immense timber interests. The husbandman plowing on the left side of the shield, together with the sheaf of grain beneath the shield, are emblematic of Idaho's agricultural resources, while the cornucopias, or horns of plenty, refer to the horticultural. Idaho has a game law, which protects the elk and moose. The elk's head, therefore, rises above the shield. The state flower, the wild Syringa or Mock Orange, grows at the woman's feet, while the ripened wheat grows as high as her shoulder. The star signifies a new light in the galaxy of states. … The river depicted in the shield is our mighty Snake or Shoshone River, a stream of great majesty.

In regard to the coloring of the emblems used in the making of the great seal of the state of Idaho, my principal desire was to use such colors as would typify pure Americanism and the history of the state. As Idaho was a virgin state, I robed my goddess in white and made the liberty cap on the end of the spear the same color. In representing the miner, I gave him the garb of the period suggested by such mining authorities as former United States Senator George Shoup, of Idaho, former Governor Norman B. Willey of Idaho, former Governor James H. Hawley of Idaho, and other mining men and early residents of the state who knew intimately the usual garb of the miner. Almost unanimously they said, "Do not put the miner in a red shirt." "Make the shirt a grayish brown," said Captain J.J. Wells, chairman of the seal committee. The "Light of the Mountains" is typified by the rosy glow which precedes the sunrise."

History:

[59-1005A, added 1994, ch. 444, sec. 1, p. 1425.]
Idaho Code § 59-904A — Idaho Code / Title 59 / Chapter 9 / Section 59-904A
59-904A LEGISLATURE — VACANCIES, HOW FILLED.
Status: in_force

59-904A. Legislature — Vacancies, how filled. In the event of a vacancy in the house of representatives or senate of the state of Idaho, such vacancy shall be filled as herein provided. The legislative district committee of the same political party, if any, of the former member whose seat is vacant shall submit, within fifteen (15) days, a list of three (3) nominations to the governor. The governor shall fill the vacancy by appointment from the list of three (3) nominations within fifteen (15) days. If no appointment has been made within fifteen (15) days, the legislative district committee shall designate one (1) of the three (3) nominees to fill the vacancy. The vacancy shall be so filled until the next general election after such vacancy occurs, when such vacancy shall be filled by election.

The legislative district committee of the same political party, if any, of the former member, shall select a person who possesses the constitutional qualifications to fill the vacant office to which he is nominated, and who is affiliated with the same political party, if any, as the former member whose seat is vacant. Upon the failure of the committee to make such selection before the expiration of the fifteen (15) day period the governor shall within five (5) days, fill said vacancy by appointing a person having the qualifications above set forth.

History:

[59-904A, added 1971, ch. 128, sec. 1, p. 509.]
Idaho Code § 59-1023 — Idaho Code / Title 59 / Chapter 10 / Section 59-1023
59-1023 SHORT TITLE.
Status: in_force

59-1023. Short title. This act may be cited as the Uniform Facsimile Signature of Public Officials Act.

History:

[59-1023, added 1959, ch. 11, sec. 6, p. 28.]
Idaho Code § 59-1111 — Idaho Code / Title 59 / Chapter 11 / Section 59-1111
59-1111 PAYMENTS BY ENDOWED INSTITUTIONS.
Status: in_force

59-1111. Payments by endowed institutions. When any endowed institution pays salaries and wages from its endowment earning funds, state contributions covering such salaries and wages shall be paid from any amount appropriated and transferred from the general fund of the state of Idaho as herein provided.

History:

[59-1111, added 1951, ch. 18, sec. 6, p. 27.]
Idaho Code § 59-1026 — Idaho Code / Title 59 / Chapter 10 / Section 59-1026
59-1026 WILLFUL AND KNOWING AVOIDANCE OF COMPETITIVE BIDDING AND PROCUREMENT STATUTES — CIVIL PENALTIES.
Status: in_force

59-1026. Willful and knowing avoidance of competitive bidding and procurement statutes — Civil penalties. It is a violation of this section for an official of any political subdivision or the state itself to willfully or knowingly avoid compliance with procurement or competitive bidding statutes or to willfully or knowingly split or separate purchases or work projects with the intent of avoiding compliance with such statutes. If any officer or employee of any public entity willfully or knowingly violates this section, the public entity which the officer or employee serves shall be liable for civil penalties not to exceed five thousand dollars ($5,000) for each offense, such civil penalty to be payable to the office of the public agency bringing an enforcement action, upon court order, to reimburse the reasonable expense of enforcing compliance with competitive bidding and procurement statutes.

History:

[59-1026, added 2005, ch. 213, sec. 36, p. 668.]
Idaho Code § 59-1305 — Idaho Code / Title 59 / Chapter 13 / Section 59-1305
59-1305 POWERS AND DUTIES OF BOARD — INDEMNIFICATION.
Status: in_force

59-1305. Powers and duties of board — Indemnification. (1) The board shall have the power and duty, subject to the limitations of this chapter, of managing the system. It shall have the powers and privileges of a corporation, including the right to sue and be sued in its own name as such board. Members of the retirement board, retirement system staff and retirement system mortgage and investment committee members shall, jointly and individually, be provided a defense and indemnified against all claims, demands, judgments, costs, charges and expenses, including court costs and attorney's fees, and against all liability losses and damages of any nature whatsoever that arise out of and in the course and scope of their official duties and functions, but only if the defense and indemnity for such person's wrongful act or omission are not provided by chapter 9, title 6, Idaho Code, and the wrongful act or omission of the person was not intentional, willful or wanton misconduct, fraudulent, or a knowing violation of law. The board may, as a fiduciary of the trust, determine to provide a defense and indemnity hereunder. The board may, as a fiduciary of the trust, determine to refuse a defense or disavow and refuse to pay any judgment against a board member, retirement system staff, or retirement system mortgage and investment committee member if it is determined that such person was not within the course and scope of his official duties and functions or his conduct was intentional misconduct, willful, wanton, fraudulent, or a knowing violation of the law. Any defense and indemnity provided under this section shall be an expense of the trust, and the board is authorized but not required to purchase insurance to protect against such risks notwithstanding any other provision of law. No contribution or indemnification, or reimbursement for legal fees and expenses related to such defense or indemnification, shall be sought from any person defended or indemnified under this section unless the court in which the underlying claim was brought finds that the act or omission of the person was outside the course and scope of his official duties and functions or was intentional, willful or wanton misconduct, fraudulent, or a knowing violation of law. Any action by the trust against a board member, retirement system staff, or mortgage and investment committee member, and any action by a person against the trust for contribution, indemnification or necessary legal fees and expenses, shall be tried to the court in the same civil lawsuit brought on the claim against the retirement board member, retirement system staff, or retirement system mortgage and investment committee member. The venue of all actions in which the board is a party shall be Ada county, Idaho.

(2) The board shall appoint an executive director to serve at its discretion. The executive director shall be the secretary to the board, bonded as is required by the board, and shall perform such duties as assigned by the board. The executive director shall be authorized to designate a staff member as acting director or secretary in the director's absence.

(3) The board shall authorize the creation of whatever staff it deems necessary for sound and economical administration of the system. The executive director shall hire the persons for the staff who shall hold their respective positions subject to the rules of a merit system for state employees. The salaries and compensation of all persons employed for purposes of administering the system shall be fixed by the board and as otherwise provided by law.

(4) The board shall obtain all actuarial, audit, legal and medical services it deems appropriate for the system. It shall cause a competent actuary who is a member of the academy of actuaries and who is familiar with public systems of pensions to be retained on a consulting basis. The actuary shall be the technical advisor of the board on matters regarding the operation of the system. During the first year of operation of the system and at least once every four (4) years thereafter, the actuary shall make a general investigation of the suitability of the actuarial tables used by the system. The board shall adopt the actuarial tables and assumptions in use by the system and may change the same in its sole discretion at any time. The actuary shall make an annual valuation of the liabilities and reserves of the system and an annual determination of the amount of contributions required from the employers under this chapter and certify the results thereof to the board. The actuary shall also perform such other duties as may be assigned by the board. An independent financial audit shall be conducted annually or as frequently as otherwise determined by the board.

(5) The board shall establish the system's office or offices to be used for the meetings of the board and for the general purposes of the administrative personnel. The board shall provide for the installation of a complete and adequate system of accounts and records for administering this chapter. All books and records shall be kept in the system's offices.

(6) If the board determines that it has previously overpaid or underpaid benefits provided under this chapter or chapter 14, title 72, Idaho Code, it shall correct the prior error. In the event of prior underpayment, the board shall forthwith pay the amount of the underpayment together with regular interest thereon. In the event of prior overpayment, the board may offset future benefit payments by the amount of the prior overpayment together with regular interest thereon. Any such decision to offset future benefit payments shall be administratively and judicially reviewable as provided in section 59-1314, Idaho Code. Nothing herein contained shall be construed to limit the rights of a member or the board to pursue any other remedy provided by law.

(7)(a) For the collection of an overpayment, the board shall have the power to issue subpoenas to financial institutions to compel the production of evidence to determine if persons other than a deceased retiree or a deceased beneficiary have access to an account.

(b) Any subpoena issued pursuant to this section may be enforced by the district courts of Ada county. The court shall have jurisdiction to hear the parties, determine the reasonableness of the subpoena, and to set aside, modify, or enforce the subpoena by its order in accordance with the evidence. Any failure to obey such court order may be punished by the court as a contempt thereof.

History:

[(59-1305) 59-1327, added 1963, ch. 349, Art. 8, sec. 2, p. 988; am. 1965, ch. 265, sec. 3, p. 682; am. 1969, ch. 283, sec. 12, p. 856; am. 1971, ch. 49, sec. 11, p. 105; am. 1985, ch. 4, sec. 1, p. 8; am. and redesig. 1990, ch. 231, sec. 5, p. 620; am. 1991, ch. 61, sec. 2, p. 144; am. 1993, ch. 350, sec. 3, p. 1301; am. 2005, ch. 90, sec. 1, p. 307; am. 2006, ch. 268, sec. 1, p. 834; am. 2022, ch. 38, sec. 1, p. 99.]
Idaho Code § 59-1407 — Idaho Code / Title 59 / Chapter 14 / Section 59-1407
59-1407 EMERGENCY INTERIM SUCCESSORS FOR LOCAL OFFICERS.
Status: in_force

59-1407. Emergency interim successors for local officers. The provisions of this section shall be applicable to officers of political subdivisions (including, but not limited to, cities, towns, villages, townships, and counties, as well as school, fire, power and drainage districts) not included in section 59-1406. Such officers, subject to such regulations as the executive head of the political subdivision may issue, shall upon approval of this act, designate by title (if feasible) or by named person, emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this act to insure their current status. The officer will designate a sufficient number of persons so that there will be not less than three (3), nor more than seven (7), deputies or emergency interim successors or any combination thereof at any time. In the event that any officer of any political subdivision (or his deputy provided for pursuant to law) is unavailable, the powers of the office shall be exercised and duties shall be discharged by his designated emergency interim successors in the order specified. The emergency interim successor shall exercise the powers and discharge the duties of the office to which designated until such time as a vacancy which may exist shall be filled in accordance with the constitution or statutes or until the officer (or his deputy or a preceding emergency interim successor) again becomes available to exercise the powers and discharge the duties of his office.

History:

[59-1407, added 1961 (Ex. Sess.), ch. 2, sec. 7, p. 12.]
Idaho Code § 59-1021 — Idaho Code / Title 59 / Chapter 10 / Section 59-1021
59-1021 VIOLATION AND PENALTY.
Status: in_force

59-1021. Violation and penalty. Any person who with intent to defraud uses on a public security or an instrument of payment:

(a) A facsimile signature, or any reproduction of it, or any authorized officer, or

(b) Any facsimile seal, or any reproduction of it, of this state or any of its departments, agencies, or other instrumentalities or any of its political subdivisions is guilty of a felony.

History:

[59-1021, added 1959, ch. 11, sec. 4, p. 28.]
Idaho Code § 59-812 — Idaho Code / Title 59 / Chapter 8 / Section 59-812
59-812 FORM OF BOND.
Status: in_force

59-812. Form of bond. All official bonds must be in form joint and several, and made payable to the state of Idaho in such penalty and with such conditions as required by this chapter, or the law creating or regulating the duties of the office.

History:

[59-812, added 1971, ch. 136, sec. 67, p. 522.]
Idaho Code § 59-1334 — Idaho Code / Title 59 / Chapter 13 / Section 59-1334
59-1334 CONTRIBUTIONS — FROM POLICEMEN AND FIREFIGHTERS.
Status: in_force

59-1334. Contributions — From policemen and firefighters. The contribution for a member who is classified as a police officer or firefighter shall be seventy-two percent (72%) of the employer contribution rate determined pursuant to section 59-1322, Idaho Code, and rounded to the nearest one hundredth percent (.01%) of salary. The board is specifically authorized to certify to the state controller the necessary adjustments in the rate of member contributions.

History:

[(59-1334) 1963, ch. 349, Art. 2, sec. 3, p. 988; am. 1974, ch. 57, sec. 5, p. 1118; am. 1977, ch. 178, sec. 7, p. 462; am. 1980, ch. 143, sec. 3, p. 308; am. 1982, ch. 243, sec. 2, p. 629; am. 1986, ch. 143, sec. 2, p. 400; am. and redesignated 1990, ch. 231, sec. 27, p. 631; am. 1994, ch. 180, sec. 142, p. 512; am. 2022, ch. 216, sec. 4, p. 696.]
Idaho Code § 59-1353 — Idaho Code / Title 59 / Chapter 13 / Section 59-1353
59-1353 COMPUTATION OF DISABILITY RETIREMENT ALLOWANCES.
Status: in_force

59-1353. Computation of disability retirement allowances. (1) The base disability retirement allowance of any member shall be equal to an initial service retirement allowance, as defined in section 59-1342, Idaho Code, based upon the years of service which would have been credited to the member had the member continued in eligible employment until service retirement eligibility age, as defined in section 59-1341, Idaho Code. Provided, however, that the total years of credited service shall not exceed the greater of:

(a) Thirty (30) years; or

(b) The member's accrued membership and prior service.

(2) The annual amount of disability retirement allowance shall equal the excess, if any, of (a) over (b), where:

(a) Is the base disability retirement allowance provided in subsection (1) of this section; and

(b) Is the sum of:

(i) Any payment or portion of a payment under the provisions of any workers' compensation law for income benefits because of the same disability, which payment is not being offset by federal social security disability benefits; and

(ii) The service retirement allowance payable under the provisions of section 59-1342, Idaho Code, where the member is the older of either age sixty-two (62) or the respective service retirement eligibility age provided in section 59-1341, Idaho Code.

(3) If a single payment is made under the provisions of any workers' compensation law and such single payment is in lieu of periodic income payments, for the purposes of this section such single payment shall be converted, pursuant to regulations adopted by the board, to equal periodic payments of the same number of months for which the worker's compensation payment is awarded.

(4) Each adjustment in the payment of a disability retirement allowance due to a change in the amount payable under the provisions of any workers' compensation law shall take effect on the first of the month following the month in which such change is effective.

History:

[(59-1353) 1963, ch. 349, Art. 6, sec. 2, p. 988; am. 1974, ch. 57, sec. 12, p. 1118; am. and redesig. 1990, ch. 231, sec. 41, p. 637; am. 1991, ch. 61, sec. 6, p. 149; am. 1993, ch. 251, sec. 2, p. 876.]
Idaho Code § 59-902 — Idaho Code / Title 59 / Chapter 9 / Section 59-902
59-902 RESIGNATIONS.
Status: in_force

59-902. Resignations. Resignations of civil offices must be in writing, and may be made as follows:

1. By the governor, or the lieutenant governor, to the legislature, if in session; if not, to the secretary of state.

2. By senators and representatives in congress, and by all other state officers elected statewide by the qualified voters of the state, and by judges of the supreme court and district courts, and regents of the university, to the governor.

3. By members of the senate and house of representatives, to the presiding officers of their respective bodies, in session, who shall immediately transmit information of the same to the governor. If such bodies are not in session, to the governor.

4. By all county officers, to the county board, and by members of the county board, to the county auditor.

5. By all officers holding appointment, to the officer or body by whom they were appointed.

Such resignation shall not take effect until accepted by the board or officer to whom the same is made.

History:

[(59-902) 1890-1891, p. 57, sec. 170; reen. 1899, p. 67, sec. 2; compiled and reen. R.C., sec. 318; reen. C.L., sec. 318; C.S., sec. 454; I.C.A., sec. 57-902; am. 1975, ch. 21, sec. 4, p. 30; am. 1977, ch. 105, sec. 1, p. 222.]
Idaho Code § 59-1409 — Idaho Code / Title 59 / Chapter 14 / Section 59-1409
59-1409 FORMALITIES OF TAKING OFFICE.
Status: in_force

59-1409. Formalities of taking office. At the time of their designation, emergency interim successors and special emergency judges shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. Notwithstanding any other provision of law, no person, as a prerequisite to the exercise of the powers of discharge of the duties of an office to which he succeeds, shall be required to comply with any other provision of law relative to taking office.

History:

[59-1409, added 1961 (Ex. Sess.), ch. 2, sec. 9, p. 12.]
Idaho Code § 59-806 — Idaho Code / Title 59 / Chapter 8 / Section 59-806
59-806 BONDS OF COUNTY OFFICERS — APPROVAL, FILING, AND RECORDING — INSUFFICIENCY OF SURETIES — PROCEEDINGS.
Status: in_force

59-806. Bonds of county officers — Approval, filing, and recording — Insufficiency of sureties — Proceedings. It shall be the duty of the board of county commissioners of each county to periodically, but not less than twice yearly, review, examine, and inquire into the sufficiency of all of the official bonds given or to be given by any county or precinct officer as required by law, and if it shall appear that any one or more of the sureties, or any of them, has died, moved from the state, become insolvent, or from any other cause has become incompetent or insufficient surety on such bond, the said board of county commissioners shall cause such county or precinct officer to be summoned to appear before the board on a day to be named in said summons, not less than three (3) nor more than ten (10) days after date, to appear and show cause why he should not be required to give a new bond with sufficient security, and if at the appointed time he shall fail to satisfy said board as to the sufficiency of the present security, an order shall be entered of record by said board requiring such county or precinct officer, to file in the office of the county clerk within ten (10) days, a new bond to be approved as required by law, and in the event such bond is found not sufficient, and a new bond is not filed as ordered, the fact shall be certified by the board of county commissioners to the district court of the county, and shall also be certified to the prosecuting attorney of the county and it shall thereupon become the duty of the prosecuting attorney to cause a hearing to be had in said district court for the purpose of adjudicating and declaring a vacancy in such office, in the event the district court determines, after a hearing, that the bond is in fact insufficient, and such officer fails within five (5) days after the district court has so found to file a new bond with sufficient surety as required by law. Upon the entry of such decree of vacancy it shall thereupon become the duty of the appointing power to fill such office in the manner provided by law.

History:

[59-806, added 1971, ch. 136, sec. 61, p. 522.]
Idaho Code § 59-817 — Idaho Code / Title 59 / Chapter 8 / Section 59-817
59-817 DEFECTS IN BOND NOT TO AFFECT LIABILITY.
Status: in_force

59-817. Defects in bond not to affect liability. Whenever an official bond does not contain the substantial matter or conditions required by law, or there are any defects in the approval or filing thereof, it is not void so as to discharge such officer and his sureties; but they are equitably bound to the state, or a party interested, and the state or such party may, by action in any court of competent jurisdiction, suggest the defect in the bond, approval or filing, and recover the proper and equitable demand or damages from such officer and the persons who intended to become, and were, included as sureties in such bond.

History:

[59-817, added 1971, ch. 136, sec. 72, p. 522.]
Idaho Code § 59-1105 — Idaho Code / Title 59 / Chapter 11 / Section 59-1105
59-1105 CONTRIBUTIONS FROM LOCAL ENTITIES.
Status: in_force

59-1105. Contributions from local entities. Under policies and procedures to be prescribed by the state controller, each municipal corporation, political subdivision, drainage or irrigation district, hereinafter referred to as public employer, coming within the provisions of this chapter, shall remit to the state controller the amounts required to be withheld from the salary or wages of each officer and employee together with the matching contribution of such public employer and any interest or penalties imposed for late remittances, in the manner and form prescribed by the state controller. Such moneys shall be deposited in the social security trust account.

In case any public employer does not make, at the time or times due, the payments provided for under an agreement pursuant to this section, there shall be added, as part of the amounts due, interest at the rate of six percent (6%) per annum from the date due until paid plus a penalty of six percent (6%) and the state controller may, at his discretion, deduct any delinquent amounts including interest and penalty from any funds or moneys due such delinquent public employer as may be in the possession of the state treasurer, and credit the same to the social security trust account.

If any public employer is delinquent in the payment of any moneys required to be paid under the provisions of this chapter, and is so delinquent for more than thirty (30) days, the state controller shall so notify the board of county commissioners who shall thereupon order the county treasurer to withhold the equivalent amount of such moneys as are delinquent, together with the equivalent amount of any penalty or interest which may be due as a result of such delinquency, from any funds or moneys due such delinquent public employer as may be in the possession of the county treasurer, and to pay the same over to the state controller, for the credit of the social security trust account.

History:

[59-1105, added 1951, ch. 295, sec. 2, p. 652; am. 1980, ch. 113, sec. 1, p. 251; am. 1994, ch. 180, sec. 134, p. 509; am. 2003, ch. 32, sec. 30, p. 135.]
Idaho Code § 59-1115 — Idaho Code / Title 59 / Chapter 11 / Section 59-1115
59-1115 EMPLOYER'S PORTION OF SOCIAL SECURITY TAX FOR SCHOOL DISTRICT PERSONNEL.
Status: in_force

59-1115. Employer's portion of social security tax for school district personnel. The board of trustees of each class of school district, shall pay the employer's social security tax for its personnel, as required by federal law.

The department of education shall transmit to the school districts from the appropriation made for that purpose the amount determined in section 33-1004F, Idaho Code.

History:

[59-1115, added 1984, ch. 180, sec. 4, p. 429; am. 1986, ch. 252, sec. 2, p. 673; am. 1988, ch. 255, sec. 1, p. 495; am. 1994, ch. 428, sec. 14, p. 1380.]
Idaho Code § 59-1329 — Idaho Code / Title 59 / Chapter 13 / Section 59-1329
59-1329 BOARD REGULATIONS.
Status: in_force

59-1329. Board regulations. The board is authorized to promulgate rules providing for imposition of interest on delinquent employee contributions.

History:

[59-1329, added 1993, ch. 350, sec. 4, p. 1302.]
Idaho Code § 59-1395 — Idaho Code / Title 59 / Chapter 13 / Section 59-1395
59-1395 MEMBERSHIP RIGHTS AND DUTIES.
Status: in_force

59-1395. Membership rights and duties. The rights, benefits, memberships, payments, duties and obligations of paid firefighters whose employment begins on or after October 1, 1980, with respect to membership and participation in the employee system shall be governed by the provisions of chapter 13, title 59, Idaho Code.

History:

[(59-1395) 1979, ch. 147, sec. 4, p. 453; am. 1980, ch. 50, sec. 41, p. 103; am. and redesig. 1990, ch. 231, sec. 65, p. 647.]
Idaho Code § 59-901 — Idaho Code / Title 59 / Chapter 9 / Section 59-901
59-901 HOW VACANCIES OCCUR.
Status: in_force

59-901. How vacancies occur. (1) Every elective civil office shall be vacant upon the happening of any of the following events at any time before the expiration of the term of such office, as follows:

(a) The resignation of the incumbent.

(b) The death of the incumbent.

(c) Removal of the incumbent from office by lawful procedure.

(d) The decision of a competent tribunal declaring an elective office vacant due to apparent abandonment or prolonged incapacity or absence, or other basis as determined by the tribunal, provided such apparent abandonment, prolonged incapacity, absence or other basis is in excess of ninety (90) days.

(e) The incumbent ceasing to be a resident of the state, district or county in which the duties of his office are to be exercised, or for which he may have been elected.

(f) A failure to elect someone at the proper election, there being no incumbent to continue in office until a successor is elected and qualified, nor other lawful provisions for filling an elective office.

(g) A forfeiture of elective office as provided by any law of the state.

(h) Conviction of an incumbent officeholder of any felony, or of any public offense involving the violation of his oath of office.

(i) The acceptance of a commission to any military office, either in the militia of this state, or in the service of the United States, which requires the incumbent in the civil office to exercise his military duties out of the state for a period of not less than sixty (60) days.

History:

[(59-901) 1890-1891, p. 57, sec. 169; reen. 1899, p. 67, sec. 1; am. R.C., sec. 317; reen. C.L., sec. 317; C.S., sec. 453; I.C.A., sec. 57-901; am. 2012, ch. 209, sec. 1, p. 564.]
Idaho Code § 59-1604 — Idaho Code / Title 59 / Chapter 16 / Section 59-1604
59-1604 CREDITED STATE SERVICE.
Status: in_force

59-1604. Credited state service. (1) For the purposes of payroll, vacation or annual leave, sick leave and other applicable purposes, credited state service shall be earned by:

(a) The elective officers of the executive department, except the lieutenant governor;

(b) Nonclassified officers and employees of any department, commission, division, agency or board of the executive department, except for part-time members of boards, commissions and committees;

(c) Officers and employees of the legislative department, except members of the house of representatives and the senate.

(2) Eligible nonclassified officers and employees shall accrue credited state service at the same rate and under the same conditions as is provided in section 67-5332, Idaho Code, for classified officers and employees.

(3) Members of the legislature, the lieutenant governor, and members of part-time boards, commissions and committees, shall not be eligible for annual leave or sick leave.

(4) Credited state service for those officers and employees identified by section 67-5303(j), Idaho Code, shall be as determined by the state board of education, except no such officer or employee shall be credited with more than two thousand eighty (2,080) hours during any twelve (12) month period.

Any policy and procedures determined by the state board of education must be communicated to the state controller in writing at least one hundred eighty (180) days in advance of the effective date of the policy and procedures.

(5) Service for retirement purposes shall be as provided in chapter 13, title 59, Idaho Code, or in chapter 20, title 1, Idaho Code.

History:

[59-1604, added 1977, ch. 307, sec. 16, p. 874; am. 1989, ch. 312, sec. 1, p. 808; am. 1994, ch. 180, sec. 145, p. 514; am. 1994, ch. 272, sec. 7, p. 848; am. 1996, ch. 79, sec. 5, p. 260; am. 2000, ch. 121, sec. 5, p. 268; am. 2016, ch. 47, sec. 39, p. 124.]
Idaho Code § 59-1016 — Idaho Code / Title 59 / Chapter 10 / Section 59-1016
59-1016 DEFICIENCIES — CONTRACTS IN CREATION OF, VOID.
Status: in_force

59-1016. Deficiencies — Contracts in creation of, void. Any indebtedness attempted to be created against the state in violation of the provisions of this chapter, or any indebtedness attempted to be created against the state in excess of the appropriation provided for in any act, shall be void. The income accruing to any state institution, after the same has been certified quarterly to the board of trustees of any such institution by the auditor, shall be deemed an appropriation to such institution, and shall be governed by the provisions of this chapter regarding appropriations, and regarding the creation of indebtedness in excess of such appropriation.

History:

[(59-1016) 1915, ch. 164, sec. 2, p. 361; reen. C.L., sec. 342e [343e]; C.S., sec. 486; I.C.A., sec. 57-1016.]
Idaho Code § 59-1315 — Idaho Code / Title 59 / Chapter 13 / Section 59-1315
59-1315 AMOUNT, TERMS AND CONDITIONS OF REVISED BENEFITS ARE TO BE PROSPECTIVE ONLY UNLESS OTHERWISE PROVIDED.
Status: in_force

59-1315. Amount, terms and conditions of revised benefits are to be prospective only unless otherwise provided. As the amount, terms and conditions of benefits may be revised from time to time the application of such revisions shall be prospective only and not retrospective or retroactive unless otherwise provided by statute. Accordingly, unless otherwise provided, a member's benefits are determined based upon the terms of the plan on the date of the member's last contribution as an active member.

History:

[(59-1315) 1971, ch. 49, sec. 15, p. 105; am. and redesig. 1990, ch. 231, sec. 13, p. 625; am. 2005, ch. 89, sec. 1, p. 306.]
Idaho Code § 59-511 — Idaho Code / Title 59 / Chapter 5 / Section 59-511
59-511 OFFICERS TO DEVOTE ENTIRE TIME TO OFFICIAL DUTIES — EXCEPTIONS.
Status: in_force

59-511. Officers to devote entire time to official duties — Exceptions. Each executive and administrative officer shall devote his entire time to the duties of his office and shall hold no other office or position of profit: provided, that an elective or appointive state officer may be appointed to any office herein created, in which event he shall receive no salary other than by virtue of his elective office, or in the case of an appointive state officer, he shall receive no salary other than by virtue of the appointive office held by him at the time of his appointment to an additional office.

History:

[59-511, added 1974, ch. 22, sec. 59, p. 592.]
Idaho Code § 59-1341 — Idaho Code / Title 59 / Chapter 13 / Section 59-1341
59-1341 CONDITIONS OF ELIGIBILITY FOR SERVICE RETIREMENT.
Status: in_force

59-1341. Conditions of eligibility for service retirement. A vested member is eligible for service retirement as indicated below, based upon his service retirement ratio. A member's service retirement ratio shall, at retirement, be equal to the ratio of (1) to (2) as follows:

(1) The number of years of credited service for which the member was classified as a police officer or firefighter:

(2) The member's total number of years of credited service.

For service retirement ratio: Service retirement eligibility age is: 0.000 to 0.100 65 0.101 to 0.300 64 0.301 to 0.500 63 0.501 to 0.700 62 0.701 to 0.900 61 0.901 to 1.000 60

A person who was an active member on June 30, 1985 shall be deemed to have a service retirement ratio of 1.000 either if the member was a police officer or firefighter on that date and continuously thereafter to retirement or if at the time of retirement the majority of the member's credited service has been that of a police officer or firefighter.

History:

[(59-1341) 1963, ch. 349, Art. 4, sec. 1, p. 988; am. 1965, ch. 165, sec. 1, p. 324; am. 1967, ch. 398, sec. 4, p. 1184; am. 1969, ch. 283, sec. 3, p. 856; am. 1971, ch. 49, sec. 5, p. 105; am. 1979, ch. 158, sec. 3, p. 484; am. 1985, ch. 168, sec. 1, p. 445; am. 1987, ch. 164, sec. 2, p. 323; am. and redesig. 1990, ch. 231, sec. 29, p. 632; am. 1990, ch. 249, sec. 2, p. 706; am. 1999, ch. 199, sec. 2, p. 525.]
Idaho Code § 59-1391 — Idaho Code / Title 59 / Chapter 13 / Section 59-1391
59-1391 DEFINITIONS.
Status: in_force

59-1391. Definitions. As used in sections 59-1391 through and including 59-1398, Idaho Code, each of the terms defined shall have the meaning given in this section or in section 59-1302, Idaho Code, unless a different meaning is clearly required by the context.

(a) "Board" means the retirement board of the employee system.

(b) "Firefighter member" means a person or beneficiary who, prior to October 1, 1980, was receiving benefits or establishing the right to receive benefits from the firefighters' retirement fund.

(c) "Firefighters' retirement fund" means the retirement system created by and existing pursuant to chapter 14, title 72, Idaho Code.

(d) "Employee system" means the retirement system created and existing pursuant to chapter 13, title 59, Idaho Code.

(e) "Employer" means a city or fire district that employs paid firefighters who are participating in the firefighters' retirement fund on October 1, 1980.

(f) "Paid firefighter" means any individual, male or female, excluding office secretaries on the payroll of any city or fire district in the state of Idaho who devotes his or her principal time of employment to the care, operation, maintenance or the requirements of a regularly constituted fire department of such city or fire district in the state of Idaho.

History:

[(59-1391) 59-1351, added 1979, ch. 147, sec. 1, p. 452; am. 1980, ch. 50, sec. 39, p. 102; am. 1984, ch. 132, sec. 8, p. 318; am. and redesig. 1990, ch. 231, sec. 61, p. 645; am. 1990, ch. 249, sec. 9, p. 713.; am. 2013, ch. 187, sec. 15, p. 463; am. 2026, ch. 36, sec. 14, p. 160.]
Idaho Code § 59-912 — Idaho Code / Title 59 / Chapter 9 / Section 59-912
59-912 VACANCIES NOT OTHERWISE PROVIDED FOR — HOW FILLED.
Status: in_force

59-912. Vacancies not otherwise provided for — How filled. When any office becomes vacant, and no mode is provided by law for filling such vacancy, the governor must fill such vacancy by appointment.

History:

[(59-912) R.S., sec. 434; am. R.C., sec. 327; reen. C.L., sec. 327; C.S., sec. 465; I.C.A., sec. 57-912; am. 1977, ch. 105, sec. 4, p. 225.]
Idaho Code § 59-1365 — Idaho Code / Title 59 / Chapter 13 / Section 59-1365
59-1365 VOLUNTARY UNUSED SICK LEAVE POOL.
Status: in_force

59-1365. Voluntary unused sick leave pool. The board is authorized to establish and administer an unused sick leave pool for the voluntary participation of employer units not eligible to participate in other statutorily created sick leave arrangements. The pool shall be funded entirely by the contributions of participating employer units and the board may charge reasonable administrative expenses for administration. The requirements, rates and parameters for participation in the pool will be set forth by rules of the board.

History:

[59-1365, added 2000, ch. 30, sec. 1, p. 56.]
Idaho Code § 59-1102 — Idaho Code / Title 59 / Chapter 11 / Section 59-1102
59-1102 PAYROLL AND SALARY DEDUCTIONS.
Status: in_force

59-1102. Payroll and salary deductions. Any and all officials, boards, commissions, directors and boards having charge and preparation of payrolls and payment of salaries and wages to officers and employees of the state of Idaho, or any of its political subdivisions as set forth in section 59-1101, are hereby authorized and directed to make payroll and salary and wage deductions and to handle and dispose of the same as required by the Federal Social Security Act, as amended to include such officers and employees within the eligible group, and any official or board being authorized to disburse funds for the salary or wages, or of any officer or employee who shall come within such eligible group is authorized to pay and disburse out of any funds available for operation and maintenance such sums, and dispose or handle the same in such manner as is required and necessary to make payments and benefits of said Federal Social Security Act available to such officers and employees who shall become eligible.

History:

[59-1102, added 1949, ch. 285, sec. 2, p. 586.]
Idaho Code § 59-1002 — Idaho Code / Title 59 / Chapter 10 / Section 59-1002
59-1002 PROCEEDINGS TO COMPEL DELIVERY OF BOOKS AND PAPERS.
Status: in_force

59-1002. Proceedings to compel delivery of books and papers. If any person, whether a former incumbent or another person, refuse or neglect to deliver to the actual incumbent any such books or papers, such actual incumbent may apply by petition to any court of record sitting in the county where the person so refusing or neglecting resides, or to any judge of the district court residing therein, and the court or officer applied to must proceed in a summary way, after notice to the adverse party, to hear the allegation and proofs of the parties, and to order any such books or papers to be delivered to the petitioner.

History:

[(59-1002) R.S., sec. 441; am. R.C., sec. 334; reen. C.L., sec. 334; C.S., sec. 472; I.C.A., sec. 57-1002.]
Idaho Code § 59-1332 — Idaho Code / Title 59 / Chapter 13 / Section 59-1332
59-1332 PICK UP OF EMPLOYEE CONTRIBUTIONS.
Status: in_force

59-1332. Pick up of employee contributions. (1) An employer, pursuant to the provisions of section 414(h)(2) of the Internal Revenue Code of 1954, as amended, shall pick up and pay the contributions which would be payable by the employees as members under sections 59-1331 and 72-1431, Idaho Code, with respect to the service of employees after June 30, 1983.

(2) The members' contributions picked up by an employer shall be designated for all purposes of the retirement system as member contributions, except for the determination of tax upon a distribution from the retirement system. These accumulated contributions shall become part of the members' accumulated contributions, but accounted for separately from those previously accumulated.

(3) Member contributions picked up by an employer shall be payable from the same source as is used to pay compensation to a member, and shall be included in the member's salary as defined in subsection (31) of section 59-1302, Idaho Code.

History:

[(59-1332) 1983, ch. 163, sec. 1, p. 469; am. 1986, ch. 147, sec. 2, p. 414; am. and redesig. 1990, ch. 231, sec. 25, p. 630.]
Idaho Code § 59-1362 — Idaho Code / Title 59 / Chapter 13 / Section 59-1362
59-1362 PURCHASE OF ACTIVE DUTY SERVICE IN THE ARMED FORCES.
Status: in_force

59-1362. Purchase of active duty service in the armed forces. (1) If a member is entitled to reemployment rights related to the member's active duty service under the uniformed services employment and reemployment rights act of 1994 (USERRA), as amended, any period of that active duty service that is not eligible to be credited as military service under section 59-1302(23), Idaho Code, may be credited as membership service if the member pays employee contributions for that period as required in this section.

(2) The member must pay employee contributions or enter into an agreement to do so and begin making payments within ninety (90) days from the date of reemployment. If the member pays employee contributions or enters into an agreement to do so, the employer will be responsible for paying employer contributions for the same period within thirty (30) days thereafter. Both employee and employer contributions will be based upon compensation the member would have received but for the period of active duty service.

(3) The member may have up to five (5) years to repay employee contributions, with interest accruing only from the date of return from active duty service. If the member terminates employment prior to repaying all the employee contributions related to the eligible period as agreed, membership service will be granted only for the period for which contributions were paid.

(4) All periods of active duty service that do not qualify as "military service" under section 59-1302(23), Idaho Code, or for purchase of membership service under this section, must be purchased under section 59-1363, Idaho Code.

History:

[59-1362, added 2000, ch. 281, sec. 1, p. 904; am. 2002, ch. 9, sec. 1, p. 12; am. 2007, ch. 44, sec. 5, p. 112.]
Idaho Code § 59-508 — Idaho Code / Title 59 / Chapter 5 / Section 59-508
59-508 SALARIES FOR APPOINTIVE DEPARTMENT HEADS AND OTHER ADMINISTRATIVE OFFICERS.
Status: in_force

59-508. Salaries for appointive department heads and other administrative officers. The salaries of the appointive department heads, division administrators or other administrative officers not otherwise provided for by law, shall be fixed by the officer or authority making such appointment within the limits of appropriations made therefor by the legislature.

History:

[59-508, added 1957, ch. 317, sec. 1, p. 676; am. 1959, ch. 289, sec. 1, p. 601; am. 1963, ch. 279, sec. 1, p. 714; am. 1967, ch. 237, sec. 1, p. 696; am. 1967, ch. 315, sec. 28, p. 906; am. 1974, ch. 22, sec. 58, p. 592.]
Idaho Code § 59-1316 — Idaho Code / Title 59 / Chapter 13 / Section 59-1316
59-1316 MEMBER'S RETIREMENT RECORDS CONFIDENTIAL — PENALTY FOR DIVULGING INFORMATION.
Status: in_force

59-1316. Member's retirement records confidential — PENALTY FOR DIVULGING INFORMATION. (1) Each member shall furnish the board with such information as the board shall deem necessary for the proper operation of the system. As provided in section 74-106, Idaho Code, information contained in the retirement system mortgage portfolio loan documents and in each member's retirement system records is confidential and may not be divulged except as ordered by a court or except as may be required by the employer member or by the retirement board and its staff in order to carry into effect the purposes of this chapter.

(2) A member may by his written authorization release specific information from his own retirement system records to a stated designee. If the member is deceased, the member's contingent annuitant or beneficiary may by written authorization release specific information from the member's retirement system records to a stated designee.

(3) The retirement system may disclose the identity of a deceased member's beneficiary to the member's spouse, children, and the court-appointed administrator of the member's estate.

(4) Should a court order direct distribution or partial distribution of a member's benefit as defined in either chapter 13, title 59, Idaho Code, or chapter 14, title 72, Idaho Code, to the member's spouse or former spouse, the system may release to the spouse, former spouse, or the court issuing the order information pertaining to the division or segregation of the member's accounts or benefit. This information includes account balances, service accumulations, and related information and histories, but does not include current addresses and phone numbers. The system may release the same information to a member's current spouse at any time, regardless of whether a court has ordered a distribution or division of the member's account.

(5) No board member, director, deputy, employee, contractor, or any person formerly employed in any such position shall knowingly divulge or make known to any person in any manner any member's retirement system records obtained directly or indirectly in the discharge of duties except as provided by statute, court order, or rules of the retirement system promulgated under this section or sections 50-1507, 50-1508, 50-1524, 59-1301, 59-1314, 59-1392, 72-1405, Idaho Code.

(6) Any board member, director, deputy, employee, contractor, or any person formerly employed in any such position who knowingly violates any of the provisions of this section shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) or by imprisonment for not more than five (5) years. Upon such conviction, such person shall also forfeit his office, employment, or contract, if any, and shall be ineligible to hold any public office in this state for a period of two (2) years. Nothing in this subsection shall limit the retirement system's ability to take any and all disciplinary actions authorized pursuant to chapter 53, title 67, Idaho Code.

History:

[59-1316, added 1988, ch. 275, sec. 1, p. 906; am. 1990, ch. 213, sec. 90, p. 553; am. and redesig. 1990, ch. 231, sec. 14, p. 625; am. 1990, ch. 249, sec. 7, p. 711; am. 1992, ch. 220, sec. 4, p. 664; am. 1996, ch. 103, sec. 1, p. 405; am. 2000, ch. 13, sec. 2, p. 27; am. 2001, ch. 90, sec. 1, p. 229; am. 2015, ch. 141, sec. 158, p. 501; am. 2024, ch. 26, sec. 1, p. 179; am. 2026, ch. 36, sec. 13, p. 159.]
Idaho Code § 59-1354 — Idaho Code / Title 59 / Chapter 13 / Section 59-1354
59-1354 TIME FOR PAYMENT OF DISABILITY RETIREMENT ALLOWANCE.
Status: in_force

59-1354. Time for payment of disability retirement allowance. (1) A disability retirement allowance shall become payable to a member on the first of the month next following the later of:

(a) The day salary, sick leave or other temporary compensation benefits terminate under any plan paid for in whole or in part by the employer of the member; or

(b) The day five (5) months after the member becomes eligible for disability retirement.

(2) The disability retirement allowance shall be paid monthly thereafter to, but not including, the first of the month next following the earliest of the date:

(a) Of the retired member's death;

(b) That the retired member elects to receive an early or service retirement allowance;

(c) That the retired member ceases to be disabled, provided however, that a retired member, who subsequent to becoming a disability retiree serves on any state board or commission that is statutorily required to meet once per month or less and, who is not an employee as defined in this chapter by virtue of such service, shall not be deemed to have ceased to be disabled because of such service; or

(d) That the member waives, in writing, the member's disability allowance.

(3) When a disability retirement allowance ceases pursuant to subsection (2)(b) of this section, the early or service retirement allowance shall become payable on the first of the month following the date of the last payment of the disability retirement allowance.

(4) Effective the date a disability retirement allowance ceases pursuant to subsections (2)(c) and (d) of this section, the member's status shall be inactive unless the member again becomes an employee or elects either early or service retirement.

History:

[(59-1354) 1963, ch. 349, Art. 5, sec. 3, p. 988; am. 1969, ch. 283, sec. 4, p. 586; am. 1976, ch. 97, sec. 5, p. 410; am. 1981, ch. 10, sec. 4, p. 18; am. and redesig. 1990, ch. 231, sec. 42, p. 638; am. 1993, ch. 251, sec. 3, p. 876; am. 2012, ch. 115, sec. 1, p. 317.]
Idaho Code § 59-1106 — Idaho Code / Title 59 / Chapter 11 / Section 59-1106
59-1106 STATE TRUST FUND ESTABLISHED.
Status: in_force

59-1106. State trust fund established. There is hereby established a fund in the state treasury to be known as the social security trust fund for the sole purpose of receiving contributions of the state and political subdivisions, and taxes on employees, under the Federal Old Age and Survivors Insurance program, under Public Law 734, 81st Congress of the United States, and in accordance with sections 59-1101—59-1104.

History:

[59-1106, added 1951, ch. 18, sec. 1, p. 27.]
Idaho Code § 59-405 — Idaho Code / Title 59 / Chapter 4 / Section 59-405
59-405 WHERE OATH FILED.
Status: in_force

59-405. Where oath filed. Every oath of office, certified by the officer, before whom the same was taken, must be filed within the time required by law, except when otherwise specially directed, as follows:

1. The oath of all officers whose authority is not limited to any particular county, in the office of the secretary of state.

2. The oath of all officers elected or appointed for any county, district or precinct, in the offices of the recorder of their respective counties. The oath for school district trustees shall be filed in the manner prescribed by section 33-501, Idaho Code.

History:

[(59-405) R.S., sec. 356; am. R.C., sec. 272; reen. C.L., sec. 272; C.S., sec. 403; I.C.A., sec. 57-405; am. 1980, ch. 32, sec. 2, p. 57.]
Idaho Code § 59-1354A — Idaho Code / Title 59 / Chapter 13 / Section 59-1354A
59-1354A MEMBERS RECEIVING A DISABILITY RETIREMENT RETURNING TO WORK.
Status: in_force

59-1354A. members receiving a disability retirement returning to work. (1) A retired member receiving a disability retirement allowance may return to work under the following conditions:

(a) The retired member must notify the executive director in writing in advance of the return to work; and

(b) The disability retirement allowance shall terminate upon such notification.

(2) The disability retirement allowance of a retired member who returns to work under subsection (1) of this section shall resume if:

(a) The retired member terminates his return to work within one hundred fifty (150) days from the date of the notification required in subsection (1)(a) of this section;

(b) The retired member makes a written request to the board; and

(c) The board determines that the member is disabled, as defined in section 59-1302(12), Idaho Code, and that the member could not successfully return to work because of the same disability on which his disability retirement was based.

(3) In making its decision, the board may require the member to submit medical records in support of his request and may require the member to submit to a medical examination. The refusal to submit such records or to submit to such examination shall constitute proof that the member is not disabled. If the board requires a medical examination, any costs associated with such examination must be paid by the member. A disability retirement allowance that is resumed under this section shall be payable the first of the month after the board makes the determination described herein.

(4) If a retired member receiving a disability retirement allowance who returns to work again meets the definition of employee as defined in section 59-1302(14)(A), Idaho Code, eligibility for disability retirement shall be determined in accordance with sections 59-1302(12), 59-1352 and 59-1354, Idaho Code.

(5) For the purposes of this section, "return to work" means being engaged in any activity for which compensation is normally paid but shall not include service on any state board or commission that is statutorily required to meet once per month or less where the retired member is not an employee as defined in this chapter by virtue of such service.

History:

[59-1354A, added 2010, ch. 101, sec. 1, p. 197; am. 2012, ch. 115, sec. 2, p. 318.]
Idaho Code § 59-1022 — Idaho Code / Title 59 / Chapter 10 / Section 59-1022
59-1022 UNIFORMITY OF INTERPRETATION.
Status: in_force

59-1022. Uniformity of interpretation. This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

History:

[59-1022, added 1959, ch. 11, sec. 5, p. 28.]
Idaho Code § 59-1108 — Idaho Code / Title 59 / Chapter 11 / Section 59-1108
59-1108 RECEIPTS OF STATE TRUST FUND.
Status: in_force

59-1108. Receipts of state trust fund. Collections into said fund shall be paid into said fund under such policies and procedures as shall be prescribed by the state controller, and shall consist of all moneys received from the various political subdivisions of the state, all state contributions for participation in the Federal Old Age and Survivors Insurance program, and all taxes collected from employees covered by said program.

History:

[59-1108, added 1951, ch. 18, sec. 3, p. 27; am. 1994, ch. 180, sec. 138, p. 511; am. 2003, ch. 32, sec. 31, p. 136.]
Idaho Code § 59-1107 — Idaho Code / Title 59 / Chapter 11 / Section 59-1107
59-1107 PAYMENTS FROM STATE TRUST FUND.
Status: in_force

59-1107. Payments from state trust fund. Moneys now or hereafter in such fund are hereby appropriated to the state board of examiners for the sole purpose of making payments to the United States in accordance with said Public Law 734. Such payments shall be made in such amounts and at such times as the state controller shall certify them to be due and payable.

History:

[59-1107, added 1951, ch. 18, sec. 2, p. 27; am. 1994, ch. 180, sec. 136, p. 510.]
Idaho Code § 59-1006 — Idaho Code / Title 59 / Chapter 10 / Section 59-1006
59-1006 OFFICERS MAY ADMINISTER OATHS.
Status: in_force

59-1006. Officers may administer oaths. Every executive and judicial officer may administer and certify oaths.

History:

[(59-1006) R.S., sec. 450; reen. R.C. & C.L., sec. 338; C.S., sec. 476; I.C.A., sec. 57-1006.]
Idaho Code § 59-1608 — Idaho Code / Title 59 / Chapter 16 / Section 59-1608
59-1608 LEAVE OF ABSENCE FOR BONE MARROW OR ORGAN DONATION.
Status: in_force

59-1608. Leave of absence for bone marrow or organ donation. (1) A full-time nonclassified officer or full-time nonclassified employee shall be granted a leave of absence for the time specified for the following purposes:

(a) Five (5) workdays to serve as a bone marrow donor if the officer or employee provides the appointing authority written verification that the employee is to serve as a bone marrow donor; and

(b) Thirty (30) workdays to serve as a human organ donor if the officer or employee provides the appointing authority written verification that the employee is to serve as a human organ donor.

(2) An officer or employee who is granted a leave of absence pursuant to the provisions of this section shall receive his compensation without interruption during the leave of absence. For purposes of determining longevity, performance, pay advancement and performance awards and for receipt of any benefit that may be affected by a leave of absence, the service of the officer or employee shall be considered uninterrupted by the leave of absence.

(3) The appointing authority shall not penalize an officer or employee for requesting or obtaining a leave of absence pursuant to the provisions of this section.

(4) The leave authorized by this section may be requested by the officer or employee only if the officer or employee is the person who is serving as the donor.

(5) Full-time nonclassified officers and employees shall be notified of the leave offered pursuant to this section each April in an electronic message distributed by the state controller's office.

History:

[59-1608, added 2006, ch. 257, sec. 2, p. 795; am. 2018, ch. 98, sec. 1, p. 207.]
Idaho Code § 59-1326 — Idaho Code / Title 59 / Chapter 13 / Section 59-1326
59-1326 PROCEDURE FOR COMPLETE OR PARTIAL WITHDRAWAL OF POLITICAL SUBDIVISIONS FROM THE SYSTEM — CALCULATION OF WITHDRAWAL PENALTY — INDEMNIFICATION.
Status: in_force

59-1326. Procedure for complete or partial withdrawal of political subdivisions from the system — Calculation of withdrawal PENALTY — Indemnification. (1) A political subdivision, through its governing body, may by resolution adopted by two-thirds (2/3) of the members of the governing body declare its intent to withdraw completely from the system and to submit the question of withdrawing from the system to the active members of the political subdivision. The political subdivision shall notify its employees and the retirement board, in writing, of its action and shall advise the active members of their right to vote for or against withdrawal, as provided in subsection (2) of this section. A political subdivision shall automatically be considered to have requested a complete withdrawal from the system on the date the political subdivision permanently ceases to employ active members. A withdrawing political subdivision shall be required to make withdrawal penalty payments as provided in this section.

(2) All active members of the withdrawing political subdivision shall be allowed to vote by secret ballot for or against allowing the political subdivision to completely withdraw from the system. More than fifty percent (50%) of the withdrawing political subdivision's active members must approve the complete withdrawal at least thirty (30) days before the effective withdrawal date. All active members of the withdrawing political subdivision who are on the political subdivision's payroll thirty (30) days before the effective withdrawal date shall be allowed to vote. If more than fifty percent (50%) of the withdrawing political subdivision's active members fail to vote for complete withdrawal, the political subdivision shall not be allowed to withdraw. Fifteen (15) days before the effective withdrawal date, the governing board of the withdrawing political subdivision shall certify to the retirement board the results of the voting by the active members.

(3) Partial withdrawal occurs for a political subdivision when its average membership declines for two (2) consecutive fiscal years either by more than twenty-five (25) members or by twenty-five percent (25%) of the average membership. For purposes of this subsection, the effective date of partial withdrawal is the first day after the end of the two (2) consecutive fiscal year period. Average membership for a two (2) consecutive fiscal year period shall be calculated as one twenty-fourth(1/24) of the sum of the number of active members employed during each month of such period.

(4) Complete withdrawal by a political subdivision shall be on the first day of the month following the date the political subdivision ceases to employ active members or the first day of the month following sixty (60) days from the date the board receives the political subdivision's written request to withdraw. However, the complete withdrawal date shall not occur before the withdrawal penalty is determined, as provided in subsection (7) of this section.

(5) After complete withdrawal, all employees of the withdrawing political subdivision shall be ineligible to accrue future benefits with the system due to employment with the withdrawing political subdivision. The withdrawing political subdivision shall be ineligible to request to be included in the system, as provided in section 59-1321, Idaho Code, for five (5) years after its complete withdrawal date.

(6) All active or inactive members of the political subdivision shall be eligible for benefits accrued with the system up to the complete withdrawal date. However, no retirement allowance or separation benefit shall be paid until the member actually separates from service with the withdrawing political subdivision, and there is no guarantee of right to reemployment made by the withdrawing political subdivision. If the person returns to employment with the same withdrawing political subdivision within ninety (90) days, any separation benefit or retirement allowance paid to the person shall be repaid to the system.

(7) On the date of complete withdrawal, the withdrawal penalty for an employer is (a) multiplied by the ratio of (b) to (c) as follows:

(a) The excess of the actuarial present value of the vested accrued benefits of the system's members over the fair value of its assets, both as of the date of the last actuarial valuation adopted by the board prior to the complete withdrawal date based on the assumption that thirty percent (30%) of all terminating employees will eventually return to employment covered by the system and that future cost-of-living allowances as provided in section 59-1355, Idaho Code, will be at a rate of two percent (2%) per year;

(b) The total present value of accrued benefits of all active members of the withdrawing political subdivision as of the last actuarial valuation adopted by the board prior to the complete withdrawal date;

(c) The total present value of accrued benefits of all active members of the system as of the last actuarial valuation adopted by the board prior to the complete withdrawal date.

The actuarial costs to determine the amount described in paragraph (b) of this subsection shall be paid by the withdrawing political subdivision.

(8) On the date of partial withdrawal, the withdrawal penalty for an employer is the same as if complete withdrawal had occurred, multiplied by one (1) minus the ratio of (a) to (b) as follows:

(a) The average membership of the employer estimated by the board for the year commencing on such date;

(b) The average membership of the employer during the second complete fiscal year prior to such date.

(9) The withdrawing political subdivision shall enter into a contract with the system that establishes terms for the political subdivision's payment of its withdrawal penalty. The contract shall use an interest rate equal to the interest rate used in the actuarial valuation adopted by the board prior to the withdrawal date, net of actuarially assumed investment expenses. The contract shall not extend the duration of the withdrawal penalty payments beyond ten (10) years or the end of the current amortization period, whichever is less. The contract shall be a financial obligation of the withdrawing political subdivision and any of its successors and assigns. "Current amortization period" means the period over which the amortization payment rate times the actuarial present value of the projected salaries is equivalent to the unfunded actuarial penalty, all determined by the current valuation last adopted by the board prior to the complete withdrawal date.

(10) Upon the complete withdrawal of the political subdivision, the system shall have no further legal obligation to the political subdivision or its employees, and the system shall not be held accountable for the continued future accrual of any retirement benefit rights to which such employees may be entitled beyond the complete withdrawal date. Any litigation regarding the forfeiture of any benefits because of the political subdivision's complete withdrawal from the system shall be the sole legal responsibility of the withdrawing political subdivision, and the withdrawing political subdivision shall indemnify and hold harmless the system, its board, its employees, and the state of Idaho from any claims, losses, costs, damages, expenses, and liabilities, including without limitation court costs and reasonable attorney's fees asserted by any person or entity as a result of the political subdivision's withdrawal from the system.

History:

[(59-1326) 59-1309A, added 1981, ch. 152, sec. 1, p. 263; am. 1984, ch. 132, sec. 2, p. 313; am. and redesig. 1990, ch. 231, sec. 22, p. 628; am. 1992, ch. 220, sec. 5, p. 664; am. 1996, ch. 251, sec. 1, p. 792; am. 2022, ch. 39, sec. 1, p. 101.]
Idaho Code § 59-303 — Idaho Code / Title 59 / Chapter 3 / Section 59-303
59-303 COMMISSIONS BY GOVERNOR.
Status: in_force

59-303. Commissions by governor. The governor must commission:

1. All officers of the militia.

2. All officers appointed by the governor, or by the governor with the advice and consent of the senate.

History:

[(59-303) R.S., sec. 337; am. R.C., sec. 264; reen. C.L., sec. 264; C.S., sec. 395; I.C.A., sec. 57-303.]
Idaho Code § 59-402 — Idaho Code / Title 59 / Chapter 4 / Section 59-402
59-402 TIME OF TAKING OATH.
Status: in_force

59-402. Time of taking oath. Whenever a different time is not prescribed by law the oath of office must be taken, subscribed and filed within ten (10) days after the officer has notice of his election or appointment, or before the expiration of fifteen (15) days from the commencement of his term of office, when no such notice has been given.

History:

[(59-402) R.S., sec. 353; reen. R.C. & C.L., sec. 269; C.S., sec. 400; I.C.A., sec. 57-402.]
Idaho Code § 59-1352 — Idaho Code / Title 59 / Chapter 13 / Section 59-1352
59-1352 ELIGIBILITY FOR DISABILITY RETIREMENT.
Status: in_force

59-1352. Eligibility for disability retirement. (1) An active member with five (5) years of membership service is eligible for disability retirement.

(2) A police officer member, general member, school employee member, or a paid firefighter hired on or after July 1, 1993, who is not eligible for service retirement is eligible for disability retirement if disabled, as provided in section 59-1302(12), Idaho Code, on or after the first day of employment as a result of bodily injury or disease from an occupational cause.

(3) Only active members, and inactive members whose date of last contribution as an active member was less than one (1) year prior to the date of application, are eligible to apply for disability retirement.

History:

[59-1352, added 1990, ch. 231, sec. 40, p. 637; am. 1993, ch. 178, sec. 1, p. 458; am. 1993, ch. 251, sec. 1, p. 875; am. 2000, ch. 68, sec. 1, p. 152; am. 2001, ch. 138, sec. 3, p. 499; am. 2006, ch. 148, sec. 1, p. 462; am. 2007, ch. 44, sec. 2, p. 111; am. 2009, ch. 144, sec. 2, p. 435; am. 2024, ch. 34, sec. 1, p. 235.]
Idaho Code § 59-1114 — Idaho Code / Title 59 / Chapter 11 / Section 59-1114
59-1114 MAJORITY FAVORING ACCEPTANCE — AGREEMENT ENTERED INTO FOR COVERAGE.
Status: in_force

59-1114. Majority favoring acceptance — Agreement entered into for coverage. Should a majority of the eligible members of a retirement system established by the state or by a political subdivision thereof, in a referendum held in accordance with section 218(d) (3) of the Federal Social Security Act, vote favorably for inclusion of positions covered by said retirement system under said Federal Social Security Act, the governor, on behalf of the state of Idaho, is hereby empowered to enter into an agreement with the secretary of health, education, and welfare of the United States for the purpose of covering said positions under said Federal Social Security Act. Such agreement may contain such provisions relating to coverage, benefits, contributions, effective date, modification and termination of agreement, administration, and other appropriate provisions as the governor and the secretary of health, education, and welfare shall agree upon, consistent with the provisions of the Federal Social Security Act.

History:

[59-1114, added 1957, ch. 23, sec. 2, p. 29.]
Idaho Code § 59-1301 — Idaho Code / Title 59 / Chapter 13 / Section 59-1301
59-1301 PUBLIC EMPLOYEE RETIREMENT SYSTEM CREATED — PURPOSE — DUTIES OF FIDUCIARIES OF RETIREMENT FUND.
Status: in_force

59-1301. Public employee retirement system created — Purpose — Duties of fiduciaries of retirement fund. (1) A retirement and disability benefit system is created and placed under the management of a retirement board for the purpose of providing a retirement system and other benefits for public employees in the state of Idaho under this chapter. The retirement system shall be known as the "Public Employee Retirement System of Idaho."

(2) The purpose of such system is to provide an orderly means whereby public employees in the state of Idaho who become superannuated or otherwise incapacitated as the result of age or disability, may be retired from active service without prejudice and without inflicting a hardship upon the employees retired, and to enable such employees to accumulate pension credits to provide for old-age, disability, death and termination of employment, thus effecting economy and efficiency in the administration of the state, county and local government. The legislature, therefore, declares that, in its considered judgment, the public good, and the general welfare of the citizens of this state required the enactment of this measure, under the police powers of the state.

With respect to the retirement fund created in this chapter, the fiduciaries of the fund shall discharge their duties with respect to the fund solely in the interest of the members and their beneficiaries

(a) for the exclusive purpose of:

(i) providing benefits to members and their beneficiaries; and

(ii) defraying reasonable expenses of administering the system;

(b) with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims;

(c) by diversifying the investments of the fund so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and

(d) in accordance with the provisions of the Idaho Code governing the system.

History:

[59-1301, added 1963, ch. 349, Art. 1, sec. 1, p. 988; am. 1990, ch. 231, sec. 1, p. 613; am. 1991, ch. 16, sec. 1, p. 36; am. 2000, ch. 13, sec. 1, p. 27.]
Idaho Code § 59-1404 — Idaho Code / Title 59 / Chapter 14 / Section 59-1404
59-1404 ADDITIONAL SUCCESSORS TO OFFICE OF GOVERNOR.
Status: in_force

59-1404. Additional successors to office of governor. In the event that the governor, for any of the reasons specified in the constitution, is not able to exercise the powers and discharge the duties of his office, or is unavailable, and in the event the lieutenant governor, president pro tempore of the senate, and the speaker of the house of representatives be for any of the reasons specified in the constitution not able to exercise the powers and discharge the duties of the office of governor, or be unavailable, the secretary of state and state controller shall, in the order named, if the preceding named officers be unavailable, exercise the powers and discharge the duties of the office of governor until a new governor is elected and qualified, or until a preceding named officer becomes available; Provided, however, that no emergency interim successor to the aforementioned offices may serve as governor.

History:

[59-1404, added 1961 (Ex. Sess.), ch. 2, sec. 4, p. 12; am. 1994, ch. 180, sec. 143, p. 512.]
Idaho Code § 59-829 — Idaho Code / Title 59 / Chapter 8 / Section 59-829
59-829 ACTION ON BONDS — LIS PENDENS.
Status: in_force

59-829. Action on bonds — Lis pendens. When an action is commenced in any court in this state for the benefit of the state, to enforce the penalty of, or to recover money upon, an official bond or obligation, or any bond or obligation executed in favor of the state of Idaho, or of the people of this state, the attorney or other person prosecuting the action may file with the court in which the action is commenced an affidavit, stating either positively or on information and belief that such bond or obligation was executed by the defendant or one or more of the defendants (designating whom), and made payable to the people of this state, or to the state of Idaho, and that the defendant or defendants have real estate or interest in lands (designating the county or counties in which the same is situated), and that the action is prosecuted for the benefit of the state; and thereupon the clerk receiving such affidavit must certify, to the recorder of the county in which such real estate is situated, the names of the parties to the action, the name of the court in which the action is pending and the amount claimed in the complaint, with the date of the commencement of the suit.

History:

[59-829, added 1971, ch. 136, sec. 84, p. 522.]
Idaho Code § 59-1007 — Idaho Code / Title 59 / Chapter 10 / Section 59-1007
59-1007 OFFICE HOURS.
Status: in_force

59-1007. Office hours. Unless otherwise provided by law, every officer must keep his office open for transaction of business from eight o'clock a.m. until 5 o'clock p.m., each day except upon Saturdays, Sundays, holidays and days upon which office closure is due to mandatory leave without pay.

History:

[59-1007, R.S., sec. 452; reen. R.C. & C.L., sec. 339; am. 1919, ch. 8, sec. 39, p. 66; C.S., sec. 477; I.C.A., sec. 57-1007; am. 1955, ch. 126, sec. 1, p. 253; am. 2010, ch. 172, sec. 1, p. 356.]
Idaho Code § 59-1363 — Idaho Code / Title 59 / Chapter 13 / Section 59-1363
59-1363 PURCHASE OF MEMBERSHIP SERVICE.
Status: in_force

59-1363. Purchase of membership service. (1) Notwithstanding any other provision of this chapter, an active or inactive member who is vested may purchase up to forty-eight (48) months of membership service within ninety (90) days prior to the date of retirement as defined in section 59-1302(28), Idaho Code.

(2) The cost of purchases under this section shall be the full actuarial costs of the service as determined by the board. The board may provide for payment options, including periodic payments, but no service shall be credited until payment has been made in full. The member shall be solely responsible for the costs of such purchased service, except that an employer may participate in the costs at its option.

(3) In no event shall any member be allowed to purchase in the aggregate more than forty-eight (48) months of membership service under this section.

History:

[59-1363, added 2000, ch. 440, sec. 1, p. 1401; am. 2002, ch. 9, sec. 2, p. 12; am. 2007, ch. 44, sec. 6, p. 113; am. 2024, ch. 18, sec. 1, p. 158.]
Idaho Code § 59-1314 — Idaho Code / Title 59 / Chapter 13 / Section 59-1314
59-1314 RULES — PROCEDURES FOR HEARINGS PRIOR TO APPEALS — APPEALS.
Status: in_force

59-1314. Rules — Procedures for hearings prior to appeals — Appeals. (1) Subject to other provisions of this chapter and pursuant to the policy and standards set out in section 59-1301, Idaho Code, the board shall have the power and authority to adopt, amend or rescind such rules and administrative policies as may be necessary for the proper administration of this chapter.

(2) A final decision of the board shall be served by first class and certified mail, postage paid, on all interested parties. Any person aggrieved by any otherwise final decision or inaction of the board must, before he appeals to the courts, file with the executive director of the board by mail or personally, within ninety (90) days after the service date of the final decision on the aggrieved party, a notice for a hearing before the board. The notice of hearing shall set forth the grounds of appeal to the board.

(3) A hearing shall be held before the board in Ada County, Idaho, at a time and place designated by the board or may be undertaken or held by or before any member(s) thereof or any hearing officer appointed by the board for that purpose. The proceedings before the board shall be governed by the provisions of chapter 52, title 67, Idaho Code. Members of the board or the hearing officer shall have power to administer oaths, to preserve and enforce order during such hearings, to issue subpoenas for and to compel the attendance and testimony of witnesses or the production of books, papers, documents and other evidence and to examine witnesses.

(4) Every finding, order or award made by any member or hearing officer pursuant to such hearing, as confirmed or modified by the board, and ordered filed in its office, shall be deemed to be the finding, order or award of the board. The recommended order of the hearing officer shall be considered by the board and the decision and order of the majority of the members shall be the order of the board. Every such order rendered by the board shall be in writing and a copy thereof shall be mailed by first class and certified mail to each party to the appeal and to his attorney of record.

(5) If any person in proceedings herein disobeys or resists any lawful order or process or misbehaves during a hearing, or so near the place thereof as to obstruct the same, or neglects to produce, after having been ordered so to do, any pertinent book, paper, document or other evidence, or refuses to appear after having been subpoenaed, or upon appearing refuses to take the oath as a witness, or after having taken the oath refuses to be examined according to law, the board shall certify the facts to the district court having jurisdiction, and the court shall thereupon, in a summary manner, hear the evidence as to the acts complained of, and, if the evidence so warrants, punish such person in the same manner and to the same extent as for contempt committed before the court, or commit such person upon the same conditions as if doing of the forbidden act had occurred with reference to the proceedings, or in the presence of the court.

(6) Any party aggrieved by a final order of the board may seek judicial review thereof pursuant to the provisions of chapter 52, title 67, Idaho Code. The decision or judgment of the district court shall be subject to appeal to the Supreme Court in the same manner and by the same procedure as appeals are taken and perfected to the court in civil actions at law.

History:

[(59-1314) 1963, ch. 349, Art. 8, sec. 4, p. 988; am. 1971, ch. 49, sec. 12, p. 105; am. 1984, ch. 132, sec. 6, p. 316; am. and redesignated 1990, ch. 231, sec. 12, p. 624; am. 1991, ch. 61, sec. 3, p. 145; am. 1993, ch. 216, sec. 96, p. 665; am. 1996, ch. 247, sec. 1, p. 781.]
Idaho Code § 59-914 — Idaho Code / Title 59 / Chapter 9 / Section 59-914
59-914 ASSUMPTION OF OFFICE — TENURE IN OFFICE.
Status: in_force

59-914. Assumption of office — Tenure in office. Any of the said officers that may be elected to fill vacancies may qualify and enter upon the discharge of the duties of their offices immediately thereafter; and, they may hold the same during the unexpired term for which they were elected.

Any of the said officers that may be appointed to fill vacancies may qualify and enter upon the discharge of the duties of their offices subject to the provisions of section 59-904, Idaho Code, for the term designated in the order of appointment.

History:

[(59-914) 1899, p. 67, sec. 13; compiled and reen. R.C., sec. 329; reen. C.L., sec. 329; C.S., sec. 467; I.C.A., sec. 57-914; am. 1977, ch. 105, sec. 6, p. 226.]
Idaho Code § 59-105 — Idaho Code / Title 59 / Chapter 1 / Section 59-105
59-105 OFFICES TO BE PROVIDED IN CAPITOL MALL.
Status: in_force

59-105. Offices to be provided in capitol mall. The governor, lieutenant governor, secretary of state, attorney general, state treasurer, state controller and superintendent of public instruction may occupy, without rent or charge, the offices provided for them respectively in the capitol mall; and no pay or allowance must be made to any one of said officers for rent, fuel, or lights whether such officer occupy such office or not.

History:

[(59-105) R.S., sec. 327; reen. R.C. & C.L., sec. 254; C.S., sec. 385; I.C.A., sec. 57-105; am. 2011, ch. 303, sec. 1, p. 870.]
Idaho Code § 59-513 — Idaho Code / Title 59 / Chapter 5 / Section 59-513
59-513 DEFERRED COMPENSATION PROGRAMS FOR EMPLOYEES OF STATE OR POLITICAL SUBDIVISIONS.
Status: in_force

59-513. Deferred compensation programs for employees of state or political subdivisions. The state of Idaho, the state board of education for those employees eligible for participation in the optional retirement programs created in sections 33-107A and 33-107B, Idaho Code, and any county, city, or political subdivision of the state acting through its governing body, is hereby authorized to contract with an employee to defer all or a portion of that employee's income, and may subsequently with the consent of the employee, invest such deferred income in a funding medium for the purpose of funding a deferred compensation program for the employee.

The state board of examiners shall supervise and regulate the deferred compensation program for state employees, and may adopt rules to implement such a program; provided however, that the state board of education shall supervise and regulate any deferred compensation program it establishes and may adopt rules to implement such a program.

The governing body of any county, city, or political subdivision of the state, shall supervise and regulate the deferred compensation program for its employees.

In no event shall the amount of income an employee elects to defer exceed the total annual salary, or compensation under the existing salary schedule or classification plan applicable to such employee in such year. Any income deferred under such a plan shall continue to be included as regular compensation for the purpose of computing the retirement contributions and pension benefits earned by any employee, but any sum so deferred shall not be included in the computation of any income taxes withheld on behalf of any such employee.

Coverage of an employee under a deferred compensation plan under this section shall not render such employee ineligible for simultaneous membership and participation in the pension systems for public employees which are otherwise provided for.

For the purposes of this section the state controller is authorized to make such deductions from salary for any employee of the state who has authorized such deductions in writing, and the state board of examiners may designate administrative agents for the state of Idaho to execute all necessary agreements pertaining to the deferred compensation program.

For the purposes of this section, the term "employee" includes elected or appointed officials.

History:

[59-513, added 1977, ch. 195, sec. 2, p. 529; am. 1994, ch. 180, sec. 131, p. 506; am. 2003, ch. 305, sec. 1, p. 840.]
Idaho Code § 59-1017 — Idaho Code / Title 59 / Chapter 10 / Section 59-1017
59-1017 DEFICIENCIES — PENALTY FOR CREATING.
Status: in_force

59-1017. Deficiencies — Penalty for creating. Any person violating the provisions of the two preceding sections shall be deemed guilty of a misdemeanor, and shall be disqualified from holding any state office or from being employed by the state of Idaho or by any board of regents or board of trustees of any state institution for a period of four (4) years from and after the commission of the offense.

History:

[(59-1017) 1915, ch. 164, sec. 3, p. 361; compiled and reen. C.L., sec. 343f; C.S., sec. 487; I.C.A., sec. 57-1017.]
Idaho Code § 59-1008 — Idaho Code / Title 59 / Chapter 10 / Section 59-1008
59-1008 SIGNATURE OF EX OFFICIO OFFICERS.
Status: in_force

59-1008. Signature of ex officio officers. When an officer discharges ex officio the duties of another office than that to which he is elected or appointed, his official signature and attestation must be in the name of the office the duties of which he discharges.

History:

[(59-1008) R.S., sec. 453; reen. R.C. & C.L., sec. 340; C.S., sec. 478; I.C.A., sec. 57-1008.]
Idaho Code § 59-828 — Idaho Code / Title 59 / Chapter 8 / Section 59-828
59-828 RELEASE OF SURETIES — ACCRUED LIABILITIES UNAFFECTED.
Status: in_force

59-828. Release of sureties — Accrued liabilities unaffected. No surety must be released from damages or liabilities for acts, omissions, or causes existing or which arose before the making of the order releasing him from liability, but such legal proceedings may be had therefor in all respects as though no such order had been made.

History:

[59-828, added 1971, ch. 136, sec. 83, p. 522.]
Idaho Code § 59-509 — Idaho Code / Title 59 / Chapter 5 / Section 59-509
59-509 HONORARIUMS OR COMPENSATION FOR MEMBERS OF BOARDS, COMMISSIONS AND COUNCILS.
Status: in_force

59-509. Honorariums or compensation for members of boards, commissions and councils. The members of part-time boards, commissions or councils shall receive for each day spent in the actual performance of duties, an honorarium, compensation, or expenses, as provided in the following schedule:

(a) Members shall serve without honorarium, compensation, or expense reimbursement of any kind.

(b) Members shall serve without honorarium or compensation of any kind, but shall be reimbursed for actual and necessary expenses, subject to the limits provided in section 67-2008, Idaho Code.

(c) Members shall serve without honorarium or compensation of any kind, but shall be reimbursed for actual and necessary expenses, without being subject to the limits provided in section 67-2008, Idaho Code.

(d) Members shall receive the sum of fifteen dollars ($15.00) per day, and shall be reimbursed for actual and necessary expenses, subject to the limits provided in section 67-2008, Idaho Code.

(e) Members shall receive the sum of twenty dollars ($20.00) per day, and shall be reimbursed for actual and necessary expenses, subject to the limits provided in section 67-2008, Idaho Code.

(f) Members shall receive the sum of twenty-five dollars ($25.00) per day, and shall be reimbursed for actual and necessary expenses, subject to the limits provided in section 67-2008, Idaho Code.

(g) Members shall receive the sum of thirty-five dollars ($35.00) per day, and shall be reimbursed for actual and necessary expenses, subject to the limits provided in section 67-2008, Idaho Code.

(h) Members shall receive the sum of fifty dollars ($50.00) per day, and shall be reimbursed for actual and necessary expenses, subject to the limits provided in section 67-2008, Idaho Code.

(i) Members shall receive the sum of seventy-five dollars ($75.00) per day, and shall be reimbursed for actual and necessary expenses, subject to the limits provided in section 67-2008, Idaho Code.

(j) Members shall receive an honorarium in the sum of fifteen dollars ($15.00) per day, and shall be reimbursed for actual and necessary expenses, subject to the limits provided in section 67-2008, Idaho Code, unless otherwise provided by statute. Payment of an honorarium as provided in this subsection shall not be considered salary as defined in section 59-1302(31), Idaho Code.

(k) Members shall receive an honorarium in the sum of twenty dollars ($20.00) per day, and shall be reimbursed for actual and necessary expenses, subject to the limits provided in section 67-2008, Idaho Code. Payment of an honorarium as provided in this subsection shall not be considered salary as defined in section 59-1302(31), Idaho Code.

(l) Members shall receive an honorarium in the sum of twenty-five dollars ($25.00) per day, and shall be reimbursed for actual and necessary expenses, subject to the limits provided in section 67-2008, Idaho Code. Payment of an honorarium as provided in this subsection shall not be considered salary as defined in section 59-1302(31), Idaho Code.

(m) Members shall receive an honorarium in the sum of thirty-five dollars ($35.00) per day, and shall be reimbursed for actual and necessary expenses, subject to the limits provided in section 67-2008, Idaho Code. Payment of an honorarium as provided in this subsection shall not be considered salary as defined in section 59-1302(31), Idaho Code.

(n) Members shall receive an honorarium in the sum of fifty dollars ($50.00) per day, and shall be reimbursed for actual and necessary expenses, subject to the limits provided in section 67-2008, Idaho Code. Payment of an honorarium as provided in this subsection shall not be considered salary as defined in section 59-1302(31), Idaho Code.

(o) Members shall receive an honorarium in the sum of seventy-five dollars ($75.00) per day, and shall be reimbursed for actual and necessary expenses, subject to the limits provided in section 67-2008, Idaho Code. Payment of an honorarium as provided in this subsection shall not be considered salary as defined in section 59-1302(31), Idaho Code.

(p) Members shall receive an honorarium in the sum of one hundred dollars ($100) per day, and shall be reimbursed for actual and necessary expenses, subject to the limits provided in section 67-2008, Idaho Code. Payment of an honorarium as provided in this subsection shall not be considered salary as defined in section 59-1302(31), Idaho Code.

(q) Members shall receive the sum of one hundred dollars ($100) per day, and shall be reimbursed for actual and necessary expenses, subject to the limits provided in section 67-2008, Idaho Code.

History:

[59-509, added 1980, ch. 247, sec. 1, p. 583; am. 1996, ch. 66, sec. 1, p. 199; am. 1997, ch. 320, sec. 2, p. 946; am. 2006, ch. 269, sec. 1, p. 838; am. 2008, ch. 80, sec. 2, p. 208.]
Idaho Code § 59-1321 — Idaho Code / Title 59 / Chapter 13 / Section 59-1321
59-1321 PROCEDURE FOR EMPLOYEES OF POLITICAL SUBDIVISIONS TO BE INCLUDED IN RETIREMENT SYSTEM.
Status: in_force

59-1321. Procedure for employees of political subdivisions to be included in retirement system. A political subdivision not participating in the system may, through its governing body, notify the board in writing that it elects to include its employees in the system. The board shall make a study and estimate the cost of including such employees in the system. Upon completion of the study and under the condition that the excess cost, if any, to include the employees as active members is paid upon admission, the political subdivision may apply for admission to the system. Payment of excess cost shall be made upon admission, unless the board in its sole discretion grants an extension. In no case shall an extension exceed two (2) years. Thereupon the board may upon such terms, not inconsistent with this chapter, as are set forth in a contract between the board and the political subdivision, integrate said political subdivision, and its employees into the system established by this chapter effective on the date of notice of election or later unless otherwise prohibited by law. The contract shall have no effect, however, until notice and hearing regarding it is afforded to such employees. Such contract shall provide for the appropriate funding of accrued benefits under any existing retirement program at the time the political subdivision is admitted to the system.

History:

[(59-1321) 1963, ch. 349, Art. 3, sec. 4, p. 988; am. 1976, ch. 97, sec. 3, p. 409; am. 1987, ch. 164, sec. 1, p. 322; am. 1989, ch. 187, sec. 1, p. 463; am. and redesig. 1990, ch. 231, sec. 17, p. 626.]
Idaho Code § 59-908 — Idaho Code / Title 59 / Chapter 9 / Section 59-908
59-908 RESIDENCE OF APPOINTED COMMISSIONER.
Status: in_force

59-908. Residence of appointed commissioner. Whenever the governor appoints a county commissioner to fill a vacancy in any county, he shall appoint a person who is a resident of the commissioner district of the county in which the vacancy exists.

History:

[(59-908) 1899, p. 67, sec. 10; reen. R.C. & C.L., sec. 323; C.S., sec. 460; I.C.A., sec. 57-908.]
Idaho Code § 59-506 — Idaho Code / Title 59 / Chapter 5 / Section 59-506
59-506 SALARY SUSPENDED DURING FAILURE TO REPORT FOR MONEYS COLLECTED.
Status: in_force

59-506. Salary suspended during failure to report for moneys collected. Any officer, or deputy, failing to report in the form prescribed by the state controller for all public moneys collected by him on behalf of the state, shall not be allowed any salary or compensation during the period of such failure.

History:

[(59-506) 1913, ch. 42, sec. 7, p. 146; compiled and reen. C.L., sec. 278a; C.S., sec. 410; I.C.A., sec. 57-506; am. 1994, ch. 180, sec. 130, p. 506.]
Idaho Code § 59-1358 — Idaho Code / Title 59 / Chapter 13 / Section 59-1358
59-1358 COMPUTATION OF SEPARATION BENEFITS.
Status: in_force

59-1358. Computation of separation benefits. The separation benefit shall equal the excess, if any, of the member's accumulated contributions at the time the benefit becomes payable over the aggregate of all retirement allowance payments ever made to the member.

History:

[(59-1358) 1963, ch. 349, Art. 6, sec. 5, p. 988; am. and redesig. 1990, ch. 231, sec. 46, p. 640.]
Idaho Code § 59-1402 — Idaho Code / Title 59 / Chapter 14 / Section 59-1402
59-1402 DECLARATION OF POLICY.
Status: in_force

59-1402. Declaration of policy. Because of the existing possibility of attack upon the United States of unprecedented size and destructiveness, and in order, in the event of such an attack, to assure continuity of government through legally constituted leadership, authority and responsibility in offices of the government of the state and its political subdivisions; to provide for the effective operation of governments during an emergency; and to facilitate the early resumption of functions temporarily suspended, it is found and declared to be necessary to provide for additional officers who can exercise the powers and discharge the duties of governor; to provide for emergency interim succession to governmental offices to this state, and its political subdivisions, in the event the incumbents thereof (and their deputies, assistants or other subordinate officers authorized, pursuant to law, to exercise all of the powers and discharge the duties of such offices–hereinafter referred to as deputy) are unavailable to perform the duties and functions of such offices; and to provide for special emergency judges who can exercise the powers and discharge the duties of judicial offices in the event regular judges are unavailable.

History:

[59-1402, added 1961 (Ex. Sess.), ch. 2, sec. 2, p. 12.]
Idaho Code § 59-1113 — Idaho Code / Title 59 / Chapter 11 / Section 59-1113
59-1113 REFERENDUM ON ACCEPTANCE BY GOVERNMENTAL RETIREMENT SERVICES.
Status: in_force

59-1113. Referendum on acceptance by governmental retirement services. The governor of the state of Idaho is hereby empowered to authorize a referendum, and to designate any agency or individual to supervise its conduct, in accordance with the requirements of section 218(d) (3) of the Federal Social Security Act, on the question of whether service in positions covered by a retirement system established by the state or by a political subdivision thereof should be included under said Federal Social Security Act.

History:

[59-1113, added 1957, ch. 23, sec. 1, p. 29.]
Idaho Code § 59-820 — Idaho Code / Title 59 / Chapter 8 / Section 59-820
59-820 CONTRIBUTION BETWEEN SURETIES.
Status: in_force

59-820. Contribution between sureties. Whenever the sureties on either bond have been compelled to pay any sum of money on account of the principal obligor therein, they are entitled to recover, in any court of competent jurisdiction, of the sureties on the remaining bond, a distributive part of the sum thus paid, in the proportion which the penalties of such bonds bear one to the other and to the sums thus paid respectively.

History:

[59-820, added 1971, ch. 136, sec. 75, p. 522.]
Idaho Code § 59-1392 — Idaho Code / Title 59 / Chapter 13 / Section 59-1392
59-1392 TRANSFER OF ALL ASSETS, LIABILITIES, DUTIES, OBLIGATIONS AND RIGHTS OF THE FIREFIGHTERS' RETIREMENT FUND TO THE EMPLOYEE SYSTEM.
Status: in_force

59-1392. Transfer of all assets, liabilities, duties, obligations and rights of the firefighters' retirement fund to the employee system. All of the funds, assets, liabilities, duties, obligations and rights provided for by chapter 14, title 72, Idaho Code, shall be transferred to, and integrated with, the employee system on October 1, 1980. Benefits payable to firefighter members shall become the obligation of the employee system on October 1, 1980. Cash on hand in the firefighters' retirement fund shall be deposited to the credit of the public employee retirement fund as provided in section 59-1311, Idaho Code.

History:

[(59-1392) 1979, ch. 147, sec. 2, p. 453; am. and redesig. 1990, ch. 231, sec. 62, p. 645.]
Idaho Code § 59-1004 — Idaho Code / Title 59 / Chapter 10 / Section 59-1004
59-1004 SEALS OF EXECUTIVE OFFICERS.
Status: in_force

59-1004. Seals of executive officers. Except when otherwise specially provided by law, the seals of office of the various executive officers are those in use by such officers at the time this title takes effect, and each of such officers must at once file a description and impression of such seal in the office of the secretary of state.

History:

[(59-1004) R.S., sec. 448; am. R.C., sec. 336; reen. C.L., sec. 336; C.S., sec. 474; I.C.A., sec. 57-1004.]
Idaho Code § 59-102 — Idaho Code / Title 59 / Chapter 1 / Section 59-102
59-102 LEGISLATORS DISQUALIFIED FROM HOLDING CERTAIN OFFICES.
Status: in_force

59-102. Legislators disqualified from holding certain offices. It shall be unlawful for any member of the legislature, during the term for which he was elected, to accept or receive, or for the governor, or other officials or board, to appoint such member of the legislature to, any office of trust, profit, honor or emolument, created by any law passed by the legislature of which he is a member. Any appointment made in violation of this section shall be null and void and without force and effect, and any attempt to exercise the powers of such office by such appointee shall be a usurpation, and the appointee shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined not less than five hundred dollars nor more than five thousand dollars.

History:

[(59-102) 1907, p. 308, sec.sec. 1, 2; reen. R.C. & C.L., sec. 251; C.S., sec. 382; I.C.A., sec. 57-102.]
Idaho Code § 59-1020 — Idaho Code / Title 59 / Chapter 10 / Section 59-1020
59-1020 USE OF FACSIMILE SEAL.
Status: in_force

59-1020. Use of facsimile seal. When the seal of this state or any of its departments, agencies, or other instrumentalities or any of its political subdivisions is required in the execution of a public security or instrument of payment, the authorized officer may cause the seal to be printed, engraved, stamped or otherwise placed in facsimile thereon. The facsimile seal has the same legal effect as the impression of the seal.

History:

[59-1020, added 1959, ch. 11, sec. 3, p. 28.]
Idaho Code § 59-811 — Idaho Code / Title 59 / Chapter 8 / Section 59-811
59-811 CUSTODY OF OFFICIAL BONDS — CERTIFIED COPIES GIVEN.
Status: in_force

59-811. Custody of official bonds — Certified copies given. Every officer with whom official bonds are filed must carefully keep and preserve the same, and give certified copies thereof to any person demanding the same, upon being paid the same fees as are allowed by law for certified copies of papers in other cases.

History:

[59-811, added 1971, ch. 136, sec. 66, p. 522.]
Idaho Code § 59-825 — Idaho Code / Title 59 / Chapter 8 / Section 59-825
59-825 RELEASE OF SURETIES — SERVICE OF STATEMENT.
Status: in_force

59-825. Release of sureties — Service of statement. A copy of the statement must be served on the officer named in such official bond and due return or affidavit of service made thereon as in other cases.

History:

[59-825, added 1971, ch. 136, sec. 80, p. 522.]
Idaho Code § 59-1601 — Idaho Code / Title 59 / Chapter 16 / Section 59-1601
59-1601 APPLICABILITY.
Status: in_force

59-1601. Applicability. The provisions of this chapter shall be applicable to those nonclassified officers and employees in the several executive agencies of state government as defined in chapter 53, title 67, Idaho Code, to the officers and employees of any executive department when designated in this chapter and, where specifically indicated, to the officers and employees of the legislative department.

History:

[59-1601, added 1977, ch. 307, sec. 16, p. 873; am. 1986, ch. 133, sec. 9, p. 354.]
Idaho Code § 59-810 — Idaho Code / Title 59 / Chapter 8 / Section 59-810
59-810 SURETIES FOR LESS THAN PENAL SUM.
Status: in_force

59-810. Sureties for less than penal sum. When the penal sum of any bond required to be given amounts to more than one thousand dollars ($1,000), the sureties may become severally liable for portions of not less than five hundred dollars ($500) thereof, making in the aggregate at least two (2) sureties for the whole penal sum; and if any such bond becomes forfeited, an action may be brought thereon against all or any number of the obligors, and judgment entered against them, either jointly or severally, as they may be liable. The judgment must not be entered against a surety severally bonded for a greater sum than that for which he is specially liable by the terms of the bond. Each surety is liable to contribution to his cosureties in proportion to the amount for which he is liable.

History:

[59-810, added 1971, ch. 136, sec. 65, p. 822.]
Idaho Code § 59-1303 — Idaho Code / Title 59 / Chapter 13 / Section 59-1303
59-1303 POLICE OFFICER MEMBER STATUS.
Status: in_force

59-1303. POLICE OFFICER MEMBER STATUS. (1) As used in this chapter, each of the terms used in this section shall have the meaning given in this section unless a different meaning is clearly required by the context.

(2) Police officer membership status for retirement purposes may be fixed only by law pursuant to subsection (3) of this section. After July 1, 2024, police officer member status should only be considered for additional categories or classes of employees engaged in hazardous duty and engaged in jobs where the employee becomes superannuated due to the arduous physical requirements of the job. For the purposes of this section, "hazardous duty" means duties performed under circumstances that may result in serious injury or death and that involve physical hardship. Stress alone is not a sufficient hardship for police officer member status. For any legislative proposal or bill that would add additional classes of employees to subsection (3) of this section or that would otherwise increase police officer member status, the board shall provide a recommendation to any Idaho legislative committee considering such legislative proposal or bill.

(3) Only members holding or filling the following positions or offices are designated by law as having police officer member status for retirement purposes during the time of their appointment to that position or during their term of office:

(a) Idaho state police:

(i) The director and deputy director of the Idaho state police;

(ii) Commissioned and sworn troopers, specialists (detectives), and POST training coordinators;

(iii) Commissioned and sworn personnel in a supervisory capacity as major, captain, lieutenant, or sergeant;

(iv) The commissioned state brand inspector, deputy brand inspectors, and brand inspector supervisors; and

(v) Emergency communications officers and supervisory emergency communications officers pursuant to section 19-5119, Idaho Code;

(b) County law enforcement:

(i) County sheriffs;

(ii) "Peace officers" and "county detention officers" as defined in chapter 51, title 19, Idaho Code;

(iii) Supervisory "peace officers" and "county detention officers" as defined in chapter 51, title 19, Idaho Code;

(iv) Juvenile detention officers and supervisory juvenile detention officers;

(v) Juvenile probation officers and supervisory juvenile probation officers;

(vi) Adult misdemeanor probation officers and supervisory adult misdemeanor probation officers; and

(vii) Emergency communications officers and supervisory emergency communications officers pursuant to section 19-5119, Idaho Code;

(c) City law enforcement:

(i) City police chiefs;

(ii) "Peace officers" as defined in chapter 51, title 19, Idaho Code;

(iii) Supervisory "peace officers" as defined in chapter 51, title 19, Idaho Code; and

(iv) Emergency communications officers and supervisory emergency communications officers pursuant to section 19-5119, Idaho Code;

(d) Conservation officers, the enforcement assistant chief, and enforcement bureau chief of the department of fish and game;

(e) Department of correction:

(i) The director and deputy director of the department of correction, the division chief and deputy division chief for probation and parole, and the wardens and deputy wardens of institutions;

(ii) Correctional officers, presentence investigators, correctional officers in the supervisory capacity of lieutenant, sergeant, corporal, correctional specialist, correctional specialist supervisor, and correctional managers;

(iii) Probation and parole supervisors, probation and parole investigators, and probation and parole officers; and

(iv) Correctional peace officer training instructors;

(f) Employees of the adjutant general and military division of the state where military membership is a condition of employment;

(g) Magistrates of the district court; justices of the supreme court, judges of the court of appeals, and district judges who have made an election under section 1-2011, Idaho Code; and court employees designated by court order to have primary responsibility for court security or transportation of prisoners;

(h) Employees whose primary function requires that they are certified by the Idaho department of health and welfare as an emergency medical technician-basic, an advanced emergency medical technician-ambulance, an emergency medical technician-intermediate, or an emergency medical technician-paramedic;

(i) Criminal investigators of the attorney general's office and criminal investigators of a prosecuting attorney's office; and

(j) The director of security and the criminal investigators of the Idaho state lottery.

(4) On and after July 1, 1985, no active member shall be classified as a police officer for retirement purposes unless the employer shall have certified to the board, on a form provided by the board, that such member is an employee whose primary position with the employer is one designated as such within the meaning of this chapter, and the board shall have accepted such certification. Acceptance by the board of an employer's certification shall in no way limit the board's right to review and reclassify the position for retirement purposes based on an audit or other relevant information presented to the board. The board may carry out such acts as are necessary to enforce the provisions of this chapter.

(5) A member classified as a police officer for retirement purposes whose position is reclassified to that of a general member for retirement purposes as a result of a determination that the position does not meet the requirements of this chapter for police officer member status for retirement purposes shall become a general member. Excess employer and employee contributions shall be refunded to the employer by offsetting future contributions and the member's record shall be corrected. It shall be the employer's responsibility to refund employee contributions directly to the employee.

History:

[59-1303, added 2020, ch. 136, sec. 2, p. 422; am. 2022, ch. 283, sec. 1, p. 899; am. 2022, ch. 285, sec. 1, p. 904; am. 2023, ch. 218, sec. 23, p. 649; am. 2024, ch. 87, sec. 1, p. 425.]
Idaho Code § 59-1307 — Idaho Code / Title 59 / Chapter 13 / Section 59-1307
59-1307 AGREEMENTS WITH OTHER RETIREMENT SYSTEMS.
Status: in_force

59-1307. Agreements with other retirement systems. The board may enter into agreements with the boards or other authorities of other retirement systems operated by the state of Idaho or by political subdivisions to protect the retirement rights or benefits of employees who may alter their membership status by changing employment from one agency to another.

History:

[(59-1307) 1963, ch. 349, Art. 3, sec. 3, p. 988; am. and redesig. 1990, ch. 231, sec. 7, p. 621.]