reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 8 - BONDS OF OFFICERS AND PUBLIC EMPLOYEES › Section 59-815 - SUITS BY PERSONS INJURED.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 8 - BONDS OF OFFICERS AND PUBLIC EMPLOYEES › Section 59-816 - SUCCESSIVE SUITS BY PERSONS INJURED.

59-816. SUCCESSIVE SUITS BY PERSONS INJURED. No such bond is void on the first recovery of a judgment thereon; but suit may be afterward brought, from time to time, and judgment recovered thereon by the state of Idaho, or by any person to whom a right of action has accrued, against such officer and his sureties, until the whole penalty of the bond is exhausted.
History:
[59-816, added 1971, ch. 136, sec. 71, p. 522.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 8 - BONDS OF OFFICERS AND PUBLIC EMPLOYEES › Section 59-817 - DEFECTS IN BOND NOT TO AFFECT LIABILITY.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 8 - BONDS OF OFFICERS AND PUBLIC EMPLOYEES › Section 59-818 - ACTION ON EITHER BOND.

59-818. ACTION ON EITHER BOND. The officer and his sureties are liable to any party injured by the breach of any condition of any official bond, after the execution of the additional bond, upon either or both bonds, and such party may bring his action upon either bond, or he may bring separate actions on the bonds respectively, and he may allege the same cause of action, and recover judgment therefor in each suit.
History:
[59-818, added 1971, ch. 136, sec. 73, p. 522.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 8 - BONDS OF OFFICERS AND PUBLIC EMPLOYEES › Section 59-819 - SEPARATE JUDGMENT ON BOND.

59-819. SEPARATE JUDGMENT ON BOND. If separate judgments are recovered on the bonds by such party for the same cause of action, he is entitled to have execution issued on such judgments respectively, but he must only collect, by execution or otherwise, the amount actually adjudged to him on the same causes of action in one (1) of the suits, together with the costs of both suits.
History:
[59-819, added 1971, ch. 136, sec. 74, p. 522.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 8 - BONDS OF OFFICERS AND PUBLIC EMPLOYEES › Section 59-820 - CONTRIBUTION BETWEEN SURETIES.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 8 - BONDS OF OFFICERS AND PUBLIC EMPLOYEES › Section 59-821 - DISCHARGE OF SURETIES BY NEW BOND.

59-821. DISCHARGE OF SURETIES BY NEW BOND. Whenever any sureties on the official bond of any officer wish to be discharged from their liability, they and such officer may procure the same to be done if such officer will execute a new bond, with sufficient sureties, in like form, penalty, and conditions, and to be approved and filed, as the original bond. Upon the filing and approval of the new bond, such first sureties are exonerated from all further liability, but their bond remains in full force as to all liabilities incurred previous to the approval of such new bond. The liability of the sureties in such new bond is in all respects the same, and may be enforced in like manner as the liability of the sureties in the original bond.
History:
[59-821, added 1971, ch. 136, sec. 76, p. 522.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 8 - BONDS OF OFFICERS AND PUBLIC EMPLOYEES › Section 59-822 - VACANCIES — BOND OF APPOINTEE.

59-822. VACANCIES — BOND OF APPOINTEE. Any person appointed to fill a vacancy, before entering upon the duties of the office, must give a bond corresponding in substance and form with the bond required of the officer originally elected or appointed, as hereinbefore provided.
History:
[59-822, added 1971, ch. 136, sec. 77, p. 522.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 8 - BONDS OF OFFICERS AND PUBLIC EMPLOYEES › Section 59-823 - RELEASE OF SURETIES.

59-823. RELEASE OF SURETIES. Any surety on the official bond of a city, district, precinct, county or state officer may be relieved from liabilities thereon afterward accruing by complying with the provisions of the three (3) sections following.
History:
[59-823, added 1971, ch. 136, sec. 78, p. 522.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 8 - BONDS OF OFFICERS AND PUBLIC EMPLOYEES › Section 59-824 - RELEASE OF SURETIES — APPLICATION FOR RELEASE.

59-824. RELEASE OF SURETIES — APPLICATION FOR RELEASE. Such surety must file with the judge, court, board, officer or other person authorized by law to approve such official bond, a statement in writing setting forth the desire of the surety to be relieved from all liabilities thereon afterward arising, and the reasons therefor, which statement must be subscribed and verified by the affidavit of the party filing the same.
History:
[59-824, added 1971, ch. 136, sec. 79, p. 522.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 8 - BONDS OF OFFICERS AND PUBLIC EMPLOYEES › Section 59-825 - RELEASE OF SURETIES — SERVICE OF STATEMENT.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 8 - BONDS OF OFFICERS AND PUBLIC EMPLOYEES › Section 59-826 - RELEASE OF SURETIES — OFFICE DECLARED VACANT.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 8 - BONDS OF OFFICERS AND PUBLIC EMPLOYEES › Section 59-827 - RELEASE OF SURETIES — REMAINING SURETIES LIABLE.

59-827. RELEASE OF SURETIES — REMAINING SURETIES LIABLE. The release, discharge, voluntary withdrawal, or incompetency, of a surety on any official bond, does not affect the bond as to the remaining sureties thereon, or alter or change their liability in any respect.
History:
[59-827, added 1971, ch. 136, sec. 82, p. 522.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 8 - BONDS OF OFFICERS AND PUBLIC EMPLOYEES › Section 59-828 - RELEASE OF SURETIES — ACCRUED LIABILITIES UNAFFECTED.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 8 - BONDS OF OFFICERS AND PUBLIC EMPLOYEES › Section 59-829 - ACTION ON BONDS — LIS PENDENS.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 8 - BONDS OF OFFICERS AND PUBLIC EMPLOYEES › Section 59-830 - LIS PENDENS — FILING AND RECORDING — EFFECT — CLERK’S FEES.

59-830. LIS PENDENS — FILING AND RECORDING — EFFECT — CLERK’S FEES. Upon receiving such certificate, the county recorder must indorse upon it the time of its reception, and such certificate must be filed and recorded in the same manner as notices of the pendency of an action affecting real estate; and any judgment recovered in such action is a lien upon all real estate belonging to the defendant or to one or more of the defendants, situated in any county in which such certificate is so filed, for the amount that the owner thereof is or may be liable upon the judgment, from the filing of the certificate; and the fees due the clerk and recorder for the services required are a charge against the county where the suit is brought, to be recovered like other costs.
History:
[59-830, added 1971, ch. 136, sec. 85, p. 522.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 8 - BONDS OF OFFICERS AND PUBLIC EMPLOYEES › Section 59-831 - NOTIFICATION OF EXPIRATION OR FAILURE TO FURNISH OFFICIAL BOND — COLLECTION AND DEPOSIT OF UNEARNED PREMIUMS.

59-831. NOTIFICATION OF EXPIRATION OR FAILURE TO FURNISH OFFICIAL BOND — COLLECTION AND DEPOSIT OF UNEARNED PREMIUMS. In addition to the other duties prescribed by law, it shall be the duty of the secretary of state, in the case of official bonds of state officers or employees, and the county recorder in the case of official bonds of county officers or employees, to notify the governor or the board of county commissioners, as the case may be, at the expiration of any official bond or of the failure of any person to furnish the official bond required by law. It shall be the duty of such officers, within their respective jurisdictions, to collect any unearned premiums that may accrue for any reason and cause the same to be deposited in the state or county treasury, as the case may be, to the credit of the fund out of which the same was originally paid.
History:
[59-831, added 1971, ch. 136, sec. 86, p. 522.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 9 - RESIGNATIONS AND VACANCIES › Section 59-901 - HOW VACANCIES OCCUR.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 9 - RESIGNATIONS AND VACANCIES › Section 59-902 - RESIGNATIONS.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 9 - RESIGNATIONS AND VACANCIES › Section 59-903 - NOTICE OF REMOVAL TO APPOINTING OFFICER.

59-903. NOTICE OF REMOVAL TO APPOINTING OFFICER. Whenever an officer is removed, convicted of any infamous crime or offense involving a violation of his oath of office, or whenever his election or appointment is declared void, the body, judge, or officer before whom the proceedings were had, must give notice thereof to the officer empowered to fill the vacancy.
History:
[(59-903) R.S., sec. 432; compiled and reen. R.C., sec. 319; reen. C.L., sec. 319; C.S., sec. 455; I.C.A., sec. 57-903.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 9 - RESIGNATIONS AND VACANCIES › Section 59-904A - LEGISLATURE — VACANCIES, HOW FILLED.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 9 - RESIGNATIONS AND VACANCIES › Section 59-905 - OTHER STATE OFFICES — COUNTY AND CITY OFFICES — VACANCIES, HOW FILLED.

59-905. OTHER STATE OFFICES — COUNTY AND CITY OFFICES — VACANCIES, HOW FILLED. Vacancies shall be filled in the following manner: In the office of the clerk of the Supreme Court, by the Supreme Court. In all other state offices, and in the membership of any board or commission created by the state, where no other method is specifically provided, by the governor. In county offices, by the procedure prescribed in section 59-906, Idaho Code, and in the membership of such board, by the governor. In city offices, by the mayor and council.
History:
[(59-905) 1890-1891, p. 57, sec. 171; reen. 1899, p. 67, sec. 4; compiled and reen. R.C., sec. 321; reen. C.L., sec. 321; C.S., sec. 457; I.C.A., sec. 57-905; am. 1975, ch. 21, sec. 5, p. 30; am. 1982, ch. 4, sec. 1, p. 7.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 9 - RESIGNATIONS AND VACANCIES › Section 59-906A - BOARD OF COUNTY COMMISSIONERS — VACANCIES — HOW FILLED.

59-906A. BOARD OF COUNTY COMMISSIONERS — VACANCIES — HOW FILLED. In the event of a vacancy on a board of county commissioners, such vacancy shall be filled as herein provided. The county central 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 county central committee shall designate one (1) of the three (3) nominees to fill the vacancy. The vacancy shall be so filled until the expiration of the term in which the vacancy occurs. The county central 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 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:
[59-906A, added 1974, ch. 78, sec. 1, p. 1165.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 9 - RESIGNATIONS AND VACANCIES › Section 59-907 - PROSECUTING ATTORNEY — VACANCY — RESIDENCY — CONTRACTING WITH ANOTHER PROSECUTING ATTORNEY.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 9 - RESIGNATIONS AND VACANCIES › Section 59-908 - RESIDENCE OF APPOINTED COMMISSIONER.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 9 - RESIGNATIONS AND VACANCIES › Section 59-910 - UNITED STATES SENATOR — VACANCIES, HOW FILLED.

59-910. UNITED STATES SENATOR — VACANCIES, HOW FILLED. Whenever any vacancy shall occur in the office of United States senator from the state of Idaho by death, resignation or otherwise, the governor shall have the power and is hereby authorized and empowered to fill such vacancy by appointment, and the person so appointed shall hold such office until such time as a United States senator is regularly elected to fill such vacancy, at the next succeeding general election, and qualifies by virtue of such election: provided, however, that in case a vacancy occurs in the position of United States senator from the state of Idaho within thirty (30) days of any general election, no election for United States senator to fill said vacancy shall be held at such general election.
History:
[(59-910) 1917, ch. 27, sec. 1, p. 68; reen. C.L., sec. 325a; C.S., sec. 463; I.C.A., sec. 57-910.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 9 - RESIGNATIONS AND VACANCIES › Section 59-911 - REPRESENTATIVE IN CONGRESS — VACANCIES, HOW FILLED.

59-911. REPRESENTATIVE IN CONGRESS — VACANCIES, HOW FILLED. Whenever any vacancy shall occur in the office of representative in congress from the state, it shall be the duty of the governor to appoint a day to hold an election, subject to the provisions of section 34-106, Idaho Code, to fill such vacancy, and cause notice of such election to be given as required in section 34-1406, Idaho Code.
History:
[(59-911) 1890-1891, p. 57, sec. 176; reen. 1899, p. 67, sec. 11; reen. R.C. & C.L., sec. 326; C.S., sec. 464; I.C.A., sec. 57-911; am. 1995, ch. 118, sec. 88, p. 501.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 9 - RESIGNATIONS AND VACANCIES › Section 59-912 - VACANCIES NOT OTHERWISE PROVIDED FOR — HOW FILLED.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 9 - RESIGNATIONS AND VACANCIES › Section 59-913 - APPOINTMENTS TO BE IN WRITING.

59-913. APPOINTMENTS TO BE IN WRITING. Appointments under the provisions of this chapter shall be in writing, and continue until a successor is selected and qualified, and be filed with the secretary of state, or proper county auditor, respectively.
History:
[(59-913) 1890-1891, p. 57, sec. 173; reen. 1899, p. 67, sec. 6; reen. R.C. & C.L., sec. 328; C.S., sec. 466; I.C.A., sec. 57-913; am. 1977, ch. 105, sec. 5, p. 225.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 9 - RESIGNATIONS AND VACANCIES › Section 59-914 - ASSUMPTION OF OFFICE — TENURE IN OFFICE.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 9 - RESIGNATIONS AND VACANCIES › Section 59-915 - VACANCY IN OFFICE — POSSESSION PENDING QUALIFICATION OF SUCCESSOR.

59-915. VACANCY IN OFFICE — POSSESSION PENDING QUALIFICATION OF SUCCESSOR. When a vacancy occurs in a public office, the office and duties shall be assumed until the election or appointment and qualification of a successor as follows:
(1) Of the office of the county clerk, auditor and recorder or treasurer, by the senior deputy as designated in section 31-2006, Idaho Code. If no deputy is available, then the board of county commissioners shall assume the office until the election or appointment of a successor.
(2) Of any state executive officer, by the chief deputy, under the supervision of the governor.
History:
[59-915, added 1991, ch. 68, sec. 2, p. 164.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 9 - RESIGNATIONS AND VACANCIES › Section 59-916 - POWERS AND DUTIES OF APPOINTEE.

59-916. POWERS AND DUTIES OF APPOINTEE. Any person elected or appointed to fill a vacancy, after filing his official oath and qualifying for the state official bond, as prescribed by chapter 8, title 59, Idaho Code, possesses all the rights and powers, and is subject to all the liabilities, duties and obligations, of the officer whose vacancy he fills.
History:
[(59-916) R.S., sec. 436; reen. R.C. & C.L., sec. 331; C.S., sec. 469; I.C.A., sec. 57-916; am. 1971, ch. 136, sec. 37, p. 522.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 9 - RESIGNATIONS AND VACANCIES › Section 59-917 - TEMPORARY INABILITY OF OFFICERS.

59-917. TEMPORARY INABILITY OF OFFICERS. Whenever for any reason any elective official of the state, is temporarily unable to perform the duties of his office, the governor may appoint a suitable person to perform such duties temporarily as an acting officer, until the incumbent of the office shall be able to resume the performance of his duties, or a vacancy occurs in such office. The governor shall require such bonds for persons so appointed as may appear to him necessary for the protection of the state, not exceeding the bonds given by the officer in whose stead he acts. Such acting officer shall be nominated by the incumbent of the office: provided, that when the incumbent is unable or fails to so nominate, the governor may appoint without such nomination: provided further, that nothing in this section contained shall be construed to amend or repeal existing laws relating to filling vacancies in state offices. In any case involving an office, the appointment to which, at the time involved would, in case of vacancy, require the consent of the senate, the consent of the senate shall be requisite to the temporary service of the acting officer.
History:
[(59-917) 1890-1891, p. 39, sec.sec. 1, 2; reen. 1899, p. 21, sec.sec. 1, 2; am. R.C., sec. 332; reen. C.L., sec. 332; C.S., sec. 470; I.C.A., sec. 57-917; am. 1945, ch. 164, sec. 4, p. 245.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 10 - MISCELLANEOUS PROVISIONS › Section 59-1001 - POSSESSION OF BOOKS AND PAPERS.

59-1001. POSSESSION OF BOOKS AND PAPERS. Every public officer is entitled to the possession of all books and papers pertaining to his office, or in the custody of a former incumbent by virtue of his office.
History:
[(59-1001) R.S., sec. 440; reen. R.C. & C.L., sec. 333; C.S., sec. 471; I.C.A., sec. 57-1001.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 10 - MISCELLANEOUS PROVISIONS › Section 59-1002 - PROCEEDINGS TO COMPEL DELIVERY OF BOOKS AND PAPERS.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 10 - MISCELLANEOUS PROVISIONS › Section 59-1003 - ATTACHMENT TO ENFORCE DELIVERY OF BOOKS AND PAPERS.

59-1003. ATTACHMENT TO ENFORCE DELIVERY OF BOOKS AND PAPERS. The execution of the order and the delivery of the books and papers may be enforced by attachment as for a witness, and also, at the request of the petitioner, by a warrant directed to the sheriff or a constable of the county, commanding him to search for such books and papers, and to take and deliver them to the petitioner.
History:
[(59-1003) R.S., sec. 442; reen. R.C. & C.L., sec. 335; C.S., sec. 473; I.C.A., sec. 57-1003.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 10 - MISCELLANEOUS PROVISIONS › Section 59-1004 - SEALS OF EXECUTIVE OFFICERS.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 10 - MISCELLANEOUS PROVISIONS › Section 59-1005 - GREAT SEAL OF STATE.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 10 - MISCELLANEOUS PROVISIONS › Section 59-1006 - OFFICERS MAY ADMINISTER OATHS.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 10 - MISCELLANEOUS PROVISIONS › Section 59-1007 - OFFICE HOURS.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 10 - MISCELLANEOUS PROVISIONS › Section 59-1008 - SIGNATURE OF EX OFFICIO OFFICERS.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 10 - MISCELLANEOUS PROVISIONS › Section 59-1010 - OFFICERS TO KEEP ACCOUNTS.

59-1010. OFFICERS TO KEEP ACCOUNTS. It shall be the duty of all state, county, city and precinct officers, who receive fees for services in an official capacity, or who receive public moneys for safekeeping, to at all times keep a public account of the same, consisting of a day book and ledger in which shall be entered all receipts of fees or moneys, with a brief statement of from whom and on what account the same were received; and a like account of all disbursements of such moneys, and to whom and on what account the same were paid. A failure to comply with the requirements of this section shall subject the offender, upon conviction, to the payment of a fine not exceeding three hundred dollars, or to imprisonment in the county jail for a period not exceeding six (6) months, or to both such fine and imprisonment.
History:
[(59-1010) 1901, p. 208, sec. 1; am. 1903, p. 282, sec. 1; reen. R.C. & C.L., sec. 342; C.S., sec. 480; I.C.A., sec. 57-1010.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 10 - MISCELLANEOUS PROVISIONS › Section 59-1011 - FURNISHING ACCOUNT BOOKS — EXAMINATION BY CITIZENS.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 10 - MISCELLANEOUS PROVISIONS › Section 59-1012 - SALE OF PAMPHLET LAWS — DISPOSITION OF FUNDS — EXCEPTION.

59-1012. SALE OF PAMPHLET LAWS — DISPOSITION OF FUNDS — EXCEPTION. All publications of laws and regulations and the constitution of the state of Idaho, issued in pamphlet form, other than the regular edition of the session laws, may be sold by the officer or officers having the same published, at a price which will cover the cost of publication and distribution. Provided, this act shall not apply to pamphlets and booklets published and issued by the Idaho department of fish and game for the purpose of giving notice and information concerning fish and game regulations and reports. Such pamphlets and booklets issued by said department of fish and game shall be printed and issued at the expense of said department and the cost thereof paid from the fish and game account. Provided further, that said department may publish on a regular basis a magazine, and provide to the public other publications, printed matter and materials as will promote the ethical use and conservation of fish and wildlife resources, or encourage citizen participation in department programs. The Idaho department of fish and game may establish fees for said publications and materials. Said fees shall be remitted to the state treasurer for deposit in the fish and game account.
History:
[(59-1012) 1905, p. 231, sec.sec. 1, 2; am. R.C., sec. 343a; reen. C.L., sec. 343a; C.S., sec. 482; I.C.A., sec. 57-1012; am. 1941, ch. 21, sec. 1, p. 46; am. 1977, ch. 56, sec. 1, p. 107; am. 1983, ch. 59, sec. 1, p. 137.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 10 - MISCELLANEOUS PROVISIONS › Section 59-1013 - SALE OF PAMPHLET LAWS — PENALTY FOR NONFEASANCE.

59-1013. SALE OF PAMPHLET LAWS — PENALTY FOR NONFEASANCE. Any failure to comply with the provisions of the preceding section by any person or persons charged by law with the duty of publishing any of said laws as in said section provided for, shall be a misdemeanor, and upon conviction thereof in any court of competent jurisdiction the person guilty shall be fined in any sum not less than two hundred dollars nor more than three hundred dollars, and upon information, it shall be the duty of the attorney general or the prosecuting attorney of any county, to prosecute such person or persons, and upon conviction to collect such fine as may be imposed, and deposit the same with the state treasurer for the benefit of the general school fund.
History:
[(59-1013) 1905, p. 231, sec. 3; am. R.C., sec. 343b; reen. C.L., sec. 343b; C.S., sec. 483; I.C.A., sec. 57-1013.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 10 - MISCELLANEOUS PROVISIONS › Section 59-1014 - ACCOUNTING FOR FEES.

59-1014. ACCOUNTING FOR FEES. (1) All state officers and agencies, who receive any money or evidences of indebtedness for or on account of the state or in payment of any fee, license, or tax due the state, shall deposit the same with the state treasurer:
(a) Daily, when the amount of cash, checks, or other evidences of indebtedness accrued during any twenty-four (24) hour period is two hundred dollars ($200) or more;
(b) Weekly in all other situations; or
(c) A particular state officer may be granted specific permission to deposit at some other interval by the provisions of a resolution of the board of examiners, pursuant to section 67-2025, Idaho Code.
(2) The state treasurer shall receive from the other state officers and agencies bank drafts, checks, post-office money orders, and all evidences of indebtedness that are accepted as cash items by banks in the ordinary course of business and shall deposit the same in banks in this state qualified as depositories of state money, subject, however, to final payment, and said treasurer shall issue his receipt for such evidences of indebtedness to the officer or agency entitled thereto.
(3) Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding five hundred dollars ($500), or by imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment.
History:
[(59-1014) 1909, p. 359; compiled and reen. C.L., sec. 343c; C.S., sec. 484; I.C.A., sec. 57-1014; am. 1976, ch. 42, sec. 6, p. 94; am. 2020, ch. 29, sec. 1, p. 63.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 10 - MISCELLANEOUS PROVISIONS › Section 59-1014A - ACCOUNTING FOR LOSSES.

59-1014A. ACCOUNTING FOR LOSSES. All state officers and agencies shall, immediately upon discovering any loss of money in excess of two hundred dollars ($200) or evidences of indebtedness of the officer or agency, report the same, in writing within five (5) working days of the discovery of the loss to the state treasurer or shall notify the state treasurer by telephone within one (1) working day of the discovery of the loss.
History:
[59-1014A, added 1997, ch. 153, sec. 1, p. 435.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 10 - MISCELLANEOUS PROVISIONS › Section 59-1015 - DEFICIENCIES — CREATION PROHIBITED — EXCEPTION.

59-1015. DEFICIENCIES — CREATION PROHIBITED — EXCEPTION. No officer, employee or state board of the state of Idaho, or board of regents or board of trustees of any state institution, or any member, employee or agent thereof, shall enter, or attempt to offer to enter into any contract or agreement creating any expense, or incurring any liability, moral, legal or otherwise, or at all, in excess of the appropriation made by law for the specific purpose or purposes for which such expenditure is to be made, or liability incurred, except in the case of insurrection, epidemic, invasion, riots, floods or fires.
History:
[(59-1015) 1915, ch. 164, sec. 1, p. 361; reen. C.L., sec. 343d; C.S., sec. 485; I.C.A., sec. 57-1015.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 10 - MISCELLANEOUS PROVISIONS › Section 59-1016 - DEFICIENCIES — CONTRACTS IN CREATION OF, VOID.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 10 - MISCELLANEOUS PROVISIONS › Section 59-1017 - DEFICIENCIES — PENALTY FOR CREATING.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 10 - MISCELLANEOUS PROVISIONS › Section 59-1018 - UNIFORM FACSIMILE SIGNATURE OF PUBLIC OFFICIALS ACT — DEFINITIONS.

59-1018. UNIFORM FACSIMILE SIGNATURE OF PUBLIC OFFICIALS ACT — DEFINITIONS. As used in this act
(a) "Public Security" means a bond, note, certificate of indebtedness, or other obligation for the payment of money, issued by this state or by any of its departments, agencies, or other instrumentalities or by any of its political subdivisions.
(b) "Instrument of Payment" means a check, draft, warrant, or order for the payment, delivery, or transfer of funds.
(c) "Authorized Officer" means any official of this state or any of its departments, agencies, or other instrumentalities or any of its political subdivisions whose signature to a public security or instrument of payment is required or permitted.
(d) "Facsimile Signature" means a reproduction by engraving, imprinting, stamping, or other means of the manual signature of an authorized officer.
History:
[(59-1018) 1959, ch. 11, sec. 1, p. 28.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 10 - MISCELLANEOUS PROVISIONS › Section 59-1019 - FACSIMILE SIGNATURE.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 10 - MISCELLANEOUS PROVISIONS › Section 59-1020 - USE OF FACSIMILE SEAL.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 10 - MISCELLANEOUS PROVISIONS › Section 59-1021 - VIOLATION AND PENALTY.

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 [of] 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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 10 - MISCELLANEOUS PROVISIONS › Section 59-1022 - UNIFORMITY OF INTERPRETATION.

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.]
2023 Idaho Code › Title 59 - PUBLIC OFFICERS IN GENERAL › Chapter 10 - MISCELLANEOUS PROVISIONS › Section 59-1023 - SHORT TITLE.

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.]