reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-104 - DEPOSITING UNIT.

57-104. DEPOSITING UNIT. Every municipal and quasi-municipal corporation, recreation district, improvement district, school district, or governmental unit, of every kind, character or class, now or hereafter created or organized, and authorized by law to levy taxes or special assessments, for which the county treasurer does not act as treasurer, and every county, is a depositing unit: provided, that as to any such depositing unit as herein defined the moneys of which may at any time be in the custody, charge or possession of any county treasurer or tax collector, the county shall be deemed to be the depositing unit with respect to such moneys while the same so remain in such custody, charge or possession, and also of all moneys in the custody, charge or possession of any county treasurer or tax collector for the credit of any school district or other political subdivision of a county authorized by law to levy taxes or special assessments and not herein defined as a "depositing unit."
The board of control or other agency created by or as a result of contracts entered into under the authority of federal and state statutes pursuant to which such board or other agency acts as the operating agent for one or more irrigation districts within the state of Idaho, including the board of control of the Boise Project as created by the respective contracts entered into by and between the United States and the New York irrigation district, Nampa & Meridian irrigation district, Boise-Kuna irrigation district, Wilder irrigation district, in the state of Idaho, and the Big Bend irrigation district in the state of Oregon, under the provisions of the Act of Congress of June 17, 1902 (32 Stat. 388) and acts amendatory thereof or supplemental thereto, and particularly under the provisions of section 4 of the Act of Congress of December 5, 1924, (43 Stat. 672, 701, now sections 500 and 501 of chapter 12, title 43 of the United States Code Annotated) [U.S.C., tit. 43, sections 500, 501], all generally referred to as the Reclamation Law, shall also be deemed to be a depositing unit within the meaning and for the purposes of this chapter, (being the public depository law) with boundaries coinciding with those of the irrigation districts in this state for which said board of control, or other agency, now or hereafter acts as operating agent, and as such shall also be deemed to be located in all counties in the state in which all or any part of such irrigation district or districts are located, and all moneys coming into the possession of such board of control, or such other agency, are public moneys and may be deposited in bank, under the provisions of this chapter, in the name of such board, or other agency.
History:
[(57-104) 1921, ch. 256, sec. 4, p. 557; am. 1925, ch. 45, sec. 1, p. 63; I.C.A., sec. 55-104; am. 1937, ch. 35, sec. 1, p. 46; am. 1939, ch. 42, sec. 1, p. 84; am. 1969, ch. 142, sec. 1, p. 448; am. 1974, ch. 15, sec. 2, p. 302.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-105 - PUBLIC MONEYS.

57-105. PUBLIC MONEYS. "Public moneys" are all moneys coming into the hands of any treasurer of a depositing unit, and in the case of any county shall also include all moneys coming into the hands of its tax collector or public administrator.
History:
[(57-105) 1921, ch. 256, sec. 4a, as added by 1925, ch. 45, sec. 2, p. 63; I.C.A., sec. 55-105.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-106 - SUPERVISING BOARD.

57-106. SUPERVISING BOARD. "Supervising board" is the official governing body of a depositing unit.
History:
[(57-106) 1921, ch. 256, sec. 5, p. 557; I.C.A., sec. 55-106.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-107 - TREASURER.

57-107. TREASURER. "Treasurer" is the official custodian of public moneys as defined in this chapter.
History:
[(57-107) 1921, ch. 256, sec. 6, p. 557; am. 1925, ch. 45, sec. 3, p. 63; I.C.A., sec. 55-107.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-108 - AUDITOR.

57-108. AUDITOR. "Auditor" is the officer of a depositing unit charged by law or by ordinance or resolution of the supervising board with the duty of checking the accounts of the treasurer.
History:
[(57-108) 1921, ch. 256, sec. 7, p. 557; I.C.A., sec. 55-108.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-109 - DEPOSITING UNIT IN TWO OR MORE COUNTIES — DESIGNATION OF AUDITOR.

57-109. DEPOSITING UNIT IN TWO OR MORE COUNTIES — DESIGNATION OF AUDITOR. If any depositing unit as defined in this chapter, or any part thereof, is located or deemed to be located in two (2) or more counties of the state, then the county auditor of whichever one of such counties as is from time to time designated by the supervising board of such depositing unit, and he alone, shall have, exercise and be vested with all the rights, powers and duties with respect to such depositing unit and the whole thereof, as a county auditor has or exercises under the provisions of this chapter with respect to depositing units located entirely in his own county.
History:
[(57-109) I.C.A., sec. 55-108-A, as added by 1939, ch. 41, sec. 1, p. 83.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-110 - DESIGNATED DEPOSITORY.

57-110. DESIGNATED DEPOSITORY. "Designated depository" is any national bank, state bank, trust company, federal savings and loan association, state savings and loan association, federal credit union or state credit union, located in the state and designated as a depository by the supervising board.
History:
[(57-110) 1921, ch. 256, sec. 8, p. 557; I.C.A., sec. 55-109; am. 1935, ch. 134, sec. 1, p. 320; am. 1986, ch. 74, sec. 4, p. 223.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-111 - FINANCIAL INSTITUTIONS ELIGIBLE AS DEPOSITORIES — CERTAIN FUNDS OF IRRIGATION DISTRICTS UNDER SECTION 43-118, IDAHO CODE.

57-111. FINANCIAL INSTITUTIONS ELIGIBLE AS DEPOSITORIES — CERTAIN FUNDS OF IRRIGATION DISTRICTS UNDER SECTION 43-118, IDAHO CODE. Any national bank, state bank, trust company, federal savings and loan association, state savings and loan association, federal credit union or state credit union, located within the geographical boundaries of any depositing unit, may become a depository of the public funds of such depositing unit by making application therefor to its supervising board and may under the provisions of section 57-130, Idaho Code, become the depository of other depositing units within the state.
Provided, that moneys which have been or shall be hereafter derived by irrigation districts organized under and by virtue of the provisions of section 43-118, Idaho Code, from the sale of coupon bonds for the payment of interest on bonds outstanding as provided by chapter 5, title 43, Idaho Code, may be deposited in a depository designated within the state of Idaho as provided by this chapter, or in such other depository within or without the state of Idaho as shall be designated by resolution of the board of directors of the irrigation district, and upon such terms and conditions as shall be agreed upon by the directors of the irrigation district and the purchasers of the outstanding bonds: provided, however, that the funds available as aforesaid shall in no manner be dissipated or used for any purpose other than the payment of interest on outstanding bonds.
History:
[(57-111) 1921, ch. 256, sec. 9, p. 557; am. 1925, ch. 81, sec. 1, p. 115; I.C.A., sec. 55-110; am. 1935, ch. 134, sec. 2, p. 320; am. 1969, ch. 142, sec. 2, p. 448; am. 1986, ch. 74, sec. 5, p. 223.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-111A - TREASURER OF DEPOSITING UNIT SHALL NOT DEPOSIT MONEY IN ANY BANK OR TRUST COMPANY WHICH HAS FAILED TO PAY ALL STATE AND LOCAL TAXES.

57-111A. TREASURER OF DEPOSITING UNIT SHALL NOT DEPOSIT MONEY IN ANY BANK OR TRUST COMPANY WHICH HAS FAILED TO PAY ALL STATE AND LOCAL TAXES. The treasurer of a depositing unit shall not deposit moneys of a depositing unit in a financial institution which has failed to pay all state and local taxes it owes, including corporate income or franchise taxes upon its corporate income or franchise, sales and use taxes upon its purchases of tangible personal property, and real and personal property taxes upon property owned or leased by such financial institution.
History:
[57-111A, as added by 1969, ch. 141, sec. 1, p. 447; am. 1986, ch. 74, sec. 6, p. 224.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-113 - REPORT ON CAPITAL AND SURPLUS.

57-113. REPORT ON CAPITAL AND SURPLUS. Every financial institution designated as a public depository and holding any deposit of public funds of any depositing unit under the provisions of this chapter shall, on or before beginning to hold such deposits, file with the treasurer and the supervising board of each such depositing unit whose deposit it so holds, the affidavit of one (1) of its officers showing the amount of the capital stock and surplus or reserves and unallocated or undivided earnings, as applicable, of such institution. In the event that such institution has such an affidavit on file with the treasurer and supervising board of each relevant depositing unit on the effective date of this section, such affidavit or affidavits shall satisfy the requirement of this section until January 31 of the year next following the effective date of this act. Such affidavits shall be effective for the purposes of this section to and including January 31 next following the date of their filing, but no longer, and, on or before that date, if such institution is to continue as a designated public depository under this chapter, a like affidavit shall be filed in like manner for the succeeding year on or before the date specified by the state treasurer pursuant to section 67-2739(2), Idaho Code. No such institution shall receive deposits from nor act as depository for the public funds of any depositing unit unless and until an affidavit as is herein required and which still continues in effect is on file with the treasurer and the supervising board of such depositing unit in accordance with this section.
History:
[57-113, added 1983, ch. 38, sec. 2, p. 90; am. 1986, ch. 74, sec. 8, p. 225; am. 2012, ch. 51, sec. 1, p. 147.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-127 - DEPOSIT OF PUBLIC FUNDS — DUTIES OF TREASURER AND SUPERVISING BOARD.

57-127. DEPOSIT OF PUBLIC FUNDS — DUTIES OF TREASURER AND SUPERVISING BOARD. Except where the public moneys of a depositing unit in the custody of the treasurer at any one (1) time are less than one thousand dollars ($1000), the treasurer shall deposit, and at all times keep on deposit, subject to the provisions of this law, in designated depositories, all public moneys coming into his hands, and it is hereby made the duty of said supervising board not less than once every six (6) months to certify to the treasurer the capital and surplus or reserves and unallocated or undivided earnings, as applicable, of each public depository, a copy of which certificate shall immediately be served on the treasurer by the supervising board or its clerk; provided, that with the approval of the supervising board of the depositing unit, the treasurer is authorized and empowered to invest surplus or idle funds of the depositing unit in investments permitted by section 67-1210, Idaho Code, and interest received on all such investments, unless otherwise required by law, shall be paid into the general fund of the depositing unit: and provided further, that as to all public moneys in the custody of the treasurer of a depositing unit for which there is no legal depository available under this chapter, it shall be the duty of the supervising board of the depositing unit to designate and place for the safekeeping of such public moneys, and until such designation it shall be the duty of the treasurer to deposit such excess sums on special deposit in any public depository, and the expense of such service shall be borne by the depositing unit.
History:
[(57-127) 1921, ch. 256, sec. 24, p. 557; am. 1925, ch. 45, sec. 10, p. 63; am. 1927, ch. 154, sec. 10, p. 154; I.C.A., sec. 55-126; am. 1935, ch. 134, sec. 4, p. 320; am. 1961, ch. 148, sec. 1, p. 213; am. 1969, ch. 142, sec. 3, p. 448; am. 1981, ch. 15, sec. 1, p. 26; am. 1986, ch. 74, sec. 9, p. 225.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-127A - DEPOSIT FOR SAFEKEEPING — RESPONSIBILITY.

57-127A. DEPOSIT FOR SAFEKEEPING — RESPONSIBILITY. The treasurer may deposit for safekeeping with a designated depository or a federal reserve bank any bonds, notes, bills, debentures, obligations, or certificates of indebtedness in which the moneys of the taxing unit or its agencies are invested pursuant to law; provided the treasurer shall take from the designated depository a receipt for the securities deposited. A treasurer may accept securities in authorized book entry form. The treasurer shall not be responsible for securities so deposited until they are withdrawn by the treasurer from the designated depository, except insofar as a violation by the treasurer of the prudent man investment rule contributes to any loss.
History:
[57-127A, added 1974, ch. 148, sec. 1, p. 1366; am. 1983, ch. 38, sec. 5, p. 91; am. 1986, ch. 74, sec. 1, p. 226.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-128 - DESIGNATION OF DEPOSITORY.

57-128. DESIGNATION OF DEPOSITORY. The supervising board shall designate one or more financial institutions within the boundaries of the depositing unit which are qualified public depositories as defined by section 57-110, Idaho Code, and which is in compliance with section 57-113, Idaho Code, as depository or depositories for the moneys required to be kept by the treasurer. Such designation shall be determined by competitive bidding or by other means generally accepted as standard business practice. In no case shall the deposit or deposits of public funds of any depositing unit in any public depository, exceed at any one (1) time in the aggregate the total of the capital and surplus or reserves and unallocated or undivided earnings, as applicable, of such public depository. In the event that any financial institution has been designated as a depository under this chapter, such designation shall continue in force until revoked by the supervising board of the depositing unit.
History:
[57-128, added 1983, ch. 38, sec. 5, p. 91; am. 1986, ch. 74, sec. 11, p. 226.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-130 - DEPOSIT IN FINANCIAL INSTITUTIONS OUTSIDE OF DEPOSITING UNIT.

57-130. DEPOSIT IN FINANCIAL INSTITUTIONS OUTSIDE OF DEPOSITING UNIT. Where there are no approved depositories in the depositing unit, or where the money in the treasury exceeds the amount which the designated depositories in the depositing unit are willing to accept, the said excess moneys may be deposited in financial institutions outside of the depositing unit, but within the state of Idaho, which may be designated by the supervising board under the same conditions and subject to the same requirements as if in the depositing unit, and where the money in the treasury exceeds the amount which all designated depositories in the state are willing to accept, such excess may in that event and not otherwise, be deposited in banks outside the state, which banks shall be designated by the supervising board under the same conditions and subject to the same requirements as for designated depositories in the depositing unit.
History:
[(57-130) 1921, ch. 256, sec. 27, p. 557; am. 1929, ch. 193, sec. 5, p. 357; I.C.A., sec. 55-129; am. 1933, ch. 90, sec. 2, p. 142; am. 1933, ch. 102, sec. 1, p. 162; am. 1935, ch. 134, sec. 5, p. 320; am. 1969, ch. 142, sec. 5, p. 488; am. 1986, ch. 74, sec. 12, p. 226.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-131 - DEPOSITS SUBJECT TO PAYMENT ON DEMAND.

57-131. DEPOSITS SUBJECT TO PAYMENT ON DEMAND. All deposits in public depositories shall be demand deposits or deposits in accounts upon which negotiable orders of withdrawal may be written, or in similar transaction deposit accounts except for deposits of surplus or idle funds which the said depositing units are authorized to make under section 57-127, Idaho Code, with the approval of their respective supervising boards. The term "surplus or idle funds" shall mean the excess of available moneys in the public treasury, including the reasonably anticipated revenues, over and above the reasonably anticipated expenditures chargeable to those moneys, taking into account the dates at which such revenues and expenditures may be expected to occur, the charges of expenses to revenues being done in such a manner as to produce the maximum amount of excess. This definition shall not apply to idle funds in the state treasury, which funds shall be as defined in section 67-1210, Idaho Code.
History:
[(57-131) 1921, ch. 256, sec. 28, p. 557; am. 1925, ch. 45, sec. 11, p. 63; I.C.A., sec. 55-130; am. 1969, ch. 142, sec. 6, p. 488; am. 1970, ch. 122, sec. 2, p. 295; am. 1971, ch. 133, sec. 1, p. 516; am. 1973, ch. 273, sec. 1, p. 571; am. 1976, ch. 42, sec. 5, p. 94; am. 1981, ch. 2, sec. 1, p. 4; am. 1983, ch. 38, sec. 6, p. 92.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-132 - DEPOSITS BY TAX COLLECTOR AND PUBLIC ADMINISTRATOR.

57-132. DEPOSITS BY TAX COLLECTOR AND PUBLIC ADMINISTRATOR. It is hereby made the duty of the tax collector and public administrator of every county of this state to deposit any and all sums of money coming into his hands by virtue of his office in a depository designated by the supervising board under the provisions of this chapter, and any such moneys so deposited shall be a part of the public moneys as defined in this chapter, but shall remain subject to withdrawal by such tax collector or public administrator so depositing the same. Such sums while so on deposit in said depository, shall be held in separate accounts respectively designated as "Tax Collector’s Account" and "Public Administrator’s Account."
History:
[(57-132) 1921, ch. 256, sec. 28-A, as added by 1925, ch. 45, sec. 12, p. 63; I.C.A., sec. 55-131; am. 1969, ch. 142, sec. 7, p. 488.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-133 - DEMAND DEPOSITS — PAYMENT OF SERVICE CHARGES — INTEREST ON TIME DEPOSITS.

57-133. DEMAND DEPOSITS — PAYMENT OF SERVICE CHARGES — INTEREST ON TIME DEPOSITS. A public depository may pay interest to the depositing unit upon demand deposits, deposit accounts upon which negotiable orders of withdrawal may be written, and similar transaction deposit accounts made with it by such depositing unit as allowed by state or federal law.
The supervising boards of all depositing units are authorized in their discretion and from time to time to adopt, amend, and/or repeal rules and regulations not inconsistent with other provisions of this act providing for the payment by such depositing unit to its designated depository or depositories of reasonable charges for their services rendered in acting as such depositories. The rate of such charges and the terms and conditions thereof shall be fixed by such supervising boards in such rules and regulations, and shall be uniformly applicable to all designated depositories for such depositing unit under like circumstances and conditions. Such charges shall be allowed and paid from the funds of such depositing unit available for the payment of its general expenses as other claims against said funds are allowed and paid.
Every public depository shall pay interest upon time deposits made by the public depositing unit at rates not less than those paid to investors for deposits of the same amount and under like circumstances and conditions; provided, however, that such time deposits shall bear interest at a rate not in excess of the maximum rate permitted by any applicable governmental regulation.
History:
[(57-133) 1921, ch. 256, sec. 29, p. 557; am. 1925, ch. 45, sec. 13, p. 63; I.C.A., sec. 55-132; am. 1933, ch. 90, sec. 3, p. 142; am. 1937, ch. 98, sec. 1, p. 142; am. 1969, ch. 142, sec. 8, p. 488; am. 1970, ch. 142, sec. 2, p. 423; am. 1971, ch. 134, sec. 1, p. 518; am. 1973, ch. 273, sec. 2, p. 571; am. 1974, ch. 149, sec. 1, p. 1367; am. 1981, ch. 2, sec. 2, p. 4; am. 1981, ch. 146, sec. 1, p. 251; am. 1983, ch. 38, sec. 7, p. 92.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-133B - UNLAWFUL DISCLOSURE OF INFORMATION RELATING TO DESIGNATED DEPOSITORIES — PENALTY.

57-133B. UNLAWFUL DISCLOSURE OF INFORMATION RELATING TO DESIGNATED DEPOSITORIES — PENALTY. Any information obtained from any designated depository by the treasurer of a depositing unit shall be subject to disclosure according to chapter 1, title 74, Idaho Code, provided that federal or state examiners shall have a lawful right to examine said designated depository or to proper officials legally empowered to investigate criminal charges relating to said designated depository shall have a right to examine said depository. Any public official who violates any provision of this section by improperly disclosing information shall forfeit his office or employment and shall also be guilty of a felony. Any person who is not lawfully entitled to such information and who attempts to obtain such information illegally or who misuses such information as he may have obtained shall be guilty of a felony.
History:
[57-133B, added 1969, ch. 142, sec. 10, p. 448; am. 1986, ch. 74, sec. 14, p. 227; am. 1990, ch. 213, sec. 86, p. 551; am. 2015, ch. 141, sec. 155, p. 500.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-134 - ACCOUNTING FOR MONEYS DEPOSITED.

57-134. ACCOUNTING FOR MONEYS DEPOSITED. The treasurer shall require, and it is hereby made the duty of every such depository to keep accurate accounts of all such moneys deposited with it, showing the amount deposited, and when deposited, and to render, at the beginning of each and every month, to the treasurer and auditor a statement, in duplicate, showing the daily balance of the public moneys of the depositing unit held by it during the month next preceding.
History:
[(57-134) 1921, ch. 256, sec. 30, p. 557; am. 1927, ch. 154, sec. 12, p. 200; I.C.A., sec. 55-133; am. 1937, ch. 98, sec. 2, p. 142.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-135 - TREASURER’S MONTHLY REPORT.

57-135. TREASURER’S MONTHLY REPORT. If not otherwise required by statute to report information about the financial affairs of a political subdivision, it shall be the duty of the treasurer to file a report in writing with the governing board no later than the last business day of each month, showing exactly how much cash is in the treasury and in what financial institutions such funds may be deposited or invested as of the last day of the preceding month. Such reports shall be included with materials related to the next governing board meeting agenda at which it may be examined by the governing board. If the governing board shall find that the treasurer has willfully made any false statement therein, he may be suspended or removed from office in accordance with applicable provisions of law.
History:
[57-135, added 1921, ch. 256, sec. 31, p. 557; I.C.A., sec. 55-134; am. 2017, ch. 129, sec. 3, p. 304.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-137 - RESPONSIBILITY FOR LOSS THROUGH INSOLVENCY OF BANK.

57-137. RESPONSIBILITY FOR LOSS THROUGH INSOLVENCY OF BANK. Where the treasurer in accordance with the terms and provisions of this chapter has deposited and kept on deposit any public moneys in designated depositories, he shall not be liable personally or upon his official bond for any public moneys that may be lost by reason of the failure or insolvency of any such depository.
History:
[(57-137) 1921, ch. 256, sec. 33, p. 557; am. 1925, ch. 45, sec. 15, p. 63; I.C.A., sec. 55-136.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-138 - LIABILITY OF COUNTY AUDITOR UNDER PUBLIC DEPOSITORY LAW.

57-138. LIABILITY OF COUNTY AUDITOR UNDER PUBLIC DEPOSITORY LAW. The county auditor shall not be liable personally or upon his official bond for any losses by reason of his acts under the provisions of the public depository law, except insofar as such acts are in bad faith and have resulted in such loss.
History:
[(57-138) 1921, ch. 256, sec. 33-A, as added by 1927, ch. 154, sec. 13, p. 200; I.C.A., sec. 55-137.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-139 - OFFENSES BY TREASURER — PENALTY.

57-139. OFFENSES BY TREASURER — PENALTY. The making of profit, directly or indirectly, by the treasurer of any depositing unit out of any money in the treasury, belonging to the depositing unit, the custody of which the treasurer is charged with, by loaning or otherwise using it, or depositing the same in any manner contrary to law, or the removal by the treasurer or by his consent, of such moneys, or a part thereof, out of the vault or safe of the treasurer’s department, after the same shall have been provided by the depositing unit, or out of any legal depository of such moneys, except for the payment of warrants, legally drawn, or for the purpose of depositing the same, under the provisions of this law, in any designated depositories, shall constitute a felony, and on conviction thereof, shall subject the treasurer to imprisonment in the state penitentiary for a term of not exceeding two (2) years, or a fine not exceeding five thousand dollars ($5,000), or to both such fine and imprisonment, and the treasurer shall be liable upon his official bond for all profits realized from such unlawful use of such funds.
History:
[(57-139) 1921, ch. 256, sec. 34, p. 557; I.C.A., sec. 55-138; am. 1986, ch. 74, sec. 15, p. 228.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-140 - NEGLECT OF TREASURER — PENALTY.

57-140. NEGLECT OF TREASURER — PENALTY. If the treasurer of any depositing unit shall wilfully fail or refuse at any time to do or perform any act required of him by the provisions of this law relative to the deposit of public funds, he shall be guilty of a misdemeanor, and upon conviction thereof, he shall be sentenced to pay a fine not exceeding $5000.
History:
[(57-140) 1921, ch. 256, sec. 35, p. 557; I.C.A., sec. 55-139.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-141 - BRIBERY OF TREASURER A FELONY — PENALTY.

57-141. BRIBERY OF TREASURER A FELONY — PENALTY. The offering, or giving, directly or indirectly, by designated depository, or by any officer or stockholder thereof, or by any other person or persons in its or their behalf, or by its or their knowledge, acquiescence or authority, or in its or their interest, to the treasurer of any depositing unit, of any gift, compensation, reward or inducement, with the intent or for the purpose of inducing said treasurer to deposit public funds in any designated depository contrary to any law of this state, shall constitute a felony, and shall, upon conviction thereof, subject the person offending to imprisonment in the state penitentiary for a period not exceeding two (2) years, or to a fine not exceeding five thousand dollars ($5,000), or to both such fine and imprisonment.
History:
[(57-141) 1921, ch. 256, sec. 36, p. 557; I.C.A., sec. 55-140; am. 1986, ch. 74, sec. 16, p. 228.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-142 - EXPENSES — AUDIT AND PAYMENT.

57-142. EXPENSES — AUDIT AND PAYMENT. Any expense incurred in carrying out the provisions of the public depository law shall be audited by the supervising board and paid out of the current revenues of the depositing unit.
History:
[(57-142) 1921, ch. 256, sec. 37, p. 557; I.C.A., sec. 55-141.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-143 - INSPECTION OF TREASURER’S OFFICE.

57-143. INSPECTION OF TREASURER’S OFFICE. The supervising board or any person authorized by it in writing, may, during business hours, in the presence of the treasurer or his deputy or clerk, inspect and examine the books of account in the office of its treasurer and all contracts, writings, securities and other papers belonging to the depositing unit or pertaining to the business thereof, held by the treasurer, and may inspect and count the moneys belonging to the county and the several funds thereof in the custody of the treasurer; and it is hereby made the duty of the treasurer to furnish all reasonable facilities for the purpose.
History:
[(57-143) 1921, ch. 256, sec. 38, p. 557; I.C.A., sec. 55-142.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-144 - INSPECTION OF AUDITOR’S OFFICE.

57-144. INSPECTION OF AUDITOR’S OFFICE. The supervising board or any person authorized by it in writing, may, during business hours, in the presence of the county auditor or his deputy, inspect and examine the contracts, writings, securities, bonds and other papers belonging to the depositing unit, or pertaining to the business thereof in the custody of the auditor, and it is hereby made the duty of the county auditor to furnish all reasonable facilities for the purpose.
History:
[(57-144) 1921, ch. 256, sec. 39, p. 557; I.C.A., sec. 55-143.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 1 - PUBLIC DEPOSITORY LAW › Section 57-145 - DEPOSIT OF FUNDS BY COUNTY OFFICERS OTHER THAN TREASURER PENDING DEPOSIT WITH TREASURER — MANNER OF DEPOSITING — DUTIES AND LIABILITIES OF OFFICER AND RECEIVING DEPOSITORIES.

57-145. DEPOSIT OF FUNDS BY COUNTY OFFICERS OTHER THAN TREASURER PENDING DEPOSIT WITH TREASURER — MANNER OF DEPOSITING — DUTIES AND LIABILITIES OF OFFICER AND RECEIVING DEPOSITORIES. All public and other moneys and funds in the official custody of any county officer other than the county treasurer as such and as ex officio public administrator and ex officio tax collector, including checks, drafts and all other instruments for the payment of money acceptable for deposit in banks, may, pending the deposit thereof with the county treasurer or other officer or person entitled by law to receive the same, be deposited on general deposit with interest in any designated depository in such officer’s county, provided that such account is insured by the federal government and that said funds are readily accessible for distribution according to law. All interest accrued shall be paid into the county current expense fund, or if there be no designated depository in said county, then in any designated depository in the state of Idaho, to the credit of such officer in his official capacity and subject to payment on demand on the check of such officer or that of his successor in office in like capacity.
No designated depository accepting deposits hereunder shall have any duty or obligation whatever as to the disposition of such funds by the officer depositing the same, nor be liable in any respect for such officer’s misappropriation, misapplication or wrongful use or disposal thereof, nor for his failure to deposit the same with the county treasurer or other officer or person entitled to receive the same at the time and in the manner provided by law; but nothing herein shall be construed as in any wise relieving such officer of the duty of paying over such funds to the county treasurer or other officer or person entitled to receive the same at the time and in the manner fixed by law, nor of any other duty or liability with respect thereto, except that such officer shall not be liable either personally or on his official bond for the nonpayment by any designated depository of funds deposited with it pursuant to the provisions of this act.
History:
[57-145, added 1935, ch. 50, sec. 1, p. 96; am. 1969, ch. 142, sec. 11, p. 488; am. 1983, ch. 132, sec. 1, p. 328; am. 1986, ch. 74, sec. 17, p. 228.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 2 - MUNICIPAL BOND LAW › Section 57-201 - TITLE OF ACT.

57-201. TITLE OF ACT. This act shall be known as the "Municipal Bond Law" of the state of Idaho.
History:
[(57-201) 1927, ch. 262, sec. 1, p. 262; I.C.A., sec. 55-201.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 2 - MUNICIPAL BOND LAW › Section 57-202 - APPLICATION OF ACT — DEFINITIONS.

57-202. APPLICATION OF ACT — DEFINITIONS. All bonds, including funding and refunding bonds, hereafter issued, under lawful authority, by any county, city, village or highway district of the state of Idaho, excepting local street and sewer improvement bonds issued under the provisions of chapter 41, title 42 and chapter 31, title 50, shall be issued in the form and manner, and be registered, disposed of and redeemed, in accordance with the provisions of this act.
The following expressions are used in this act with the following designated meanings:
(a) "Governing board" or "governing body," as meaning the board of county commissioners of a county, and/or the board of highway district commissioners of a highway district and/or the council and mayor of a city.
(b) "Issuer," "issuing corporation" and "corporation," as meaning each or all of said municipal corporations and bodies corporate named hereinbefore.
(c) Any provision that any action or thing shall be authorized, taken, or done by "ordinance or resolution," shall be taken to mean that any such governing body shall proceed by ordinance or by resolution as required or permitted by law or by the customary mode of proceeding by each such governing body, respectively, not forbidden by law.
History:
[(57-202) 1927, ch. 262, sec. 2, p. 546; I.C.A., sec. 55-202; am. 2010, ch. 79, sec. 35, p. 155.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 2 - MUNICIPAL BOND LAW › Section 57-203 - AUTHORIZATION OF BONDS.

57-203. AUTHORIZATION OF BONDS. Whenever the governing board of any such corporation shall deem it advisable to issue the negotiable coupon bonds thereof for any authorized purpose, such governing board shall provide therefor by ordinance or resolution, duly passed and adopted and spread at length on the permanent record of its proceedings, which ordinance or resolution shall specify and state the amount and purpose of such proposed bond issue, the ultimate maturity of such bond issue, and that the annual bond maturities thereof shall be payable in accordance with the provisions of this act. If such issue will create a new debt the object thereof must be stated; and if the purpose thereof shall be the funding or refunding of an existing indebtedness, such existing indebtedness shall be described sufficiently for identification and all bonds, warrants or other securities thus to be funded or refunded shall be described by setting forth their identifying numbers, dates and amounts and the fund or funds out of which the same, according to their terms, are payable; and said ordinance or resolution, or a subsequent ordinance or resolution which shall be passed or adopted before or at the time of incurring such bond indebtedness, shall specify the provisions to be made for the payment of principal and interest of such bonds and also to constitute a sinking fund for the payment of the principal thereof within thirty (30) years from the time of contracting such bond indebtedness as required by law: provided, that where such bonds shall be required by law to be authorized by an election upon the question of the authorization thereof, the ordinance or resolution providing for and calling such election thereon shall comply with the foregoing provisions and requirements of this section in the ordinance or resolution. The governing body of the issuing corporation shall prescribe the bond form and coupon form by ordinance or resolution at any time prior to the delivery of such bonds to the purchaser thereof.
History:
[(57-203) 1927, ch. 262, sec. 3, p. 546; I.C.A., sec. 55-203; am. 1963, ch. 183, sec. 1, p. 542; am. 1969, ch. 238, sec. 1, p. 753.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 2 - MUNICIPAL BOND LAW › Section 57-204 - BONDS — FORM AND RECITALS.

57-204. BONDS — FORM AND RECITALS. Each bond shall be numbered consecutively and shall be payable and paid to bearer, in numerical order, lowest numbers first, and shall state and recite upon the face thereof the purpose for which the same is issued, the principal amount thereof, rate of interest thereon, date of issue, time and place or places of payment, and that it is issued in conformity with and after full compliance with the constitution of Idaho and this act and all other laws applicable thereto, and that the full faith, credit and all taxable property within the issuing corporation are and shall continue pledged for and until the full payment of the principal and interest thereof; and there may be set forth upon the face of said bonds such other statements and recitals as are customary and not prohibited by law.
History:
[(57-204) 1927, ch. 262, sec. 4, subd. (a), p. 546; I.C.A., sec. 55-204.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 2 - MUNICIPAL BOND LAW › Section 57-205 - BONDS — EXECUTION AND SIGNING.

57-205. BONDS — EXECUTION AND SIGNING. Each bond shall be executed and signed in the corporate name as follows, viz: by the mayor of an issuing city; by the chairman of the board of trustees of an issuing village, and by the chairman or president of the governing board of an issuing county or highway district; and each bond shall be countersigned by the treasurer thereof and shall be attested by the signature of the clerk or secretary thereof under the official seal of the issuing corporation.
History:
[(57-205) 1927, ch. 262, sec. 4, subd. (b), p. 546; I.C.A., sec. 55-205.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 2 - MUNICIPAL BOND LAW › Section 57-206 - BONDS — INTEREST COUPONS — FORM AND RECITALS.

57-206. BONDS — INTEREST COUPONS — FORM AND RECITALS. The interest coupons which shall be attached to each such bond shall be numbered from one upwards consecutively commencing with that coupon first maturing, and all such interest coupons shall state on the face thereof the amount thereof, name of the issuing corporation, the identifying series and issue and number of the bond to which it is attached and each such coupon shall provide for the payment of the interest accruing semiannually upon said bond and said interest coupons shall be payable semiannually, and at the same place or places of payment as fixed in such bond and shall be signed by the treasurer of the issuer by his written or facsimile signature: provided, however, that the first and last coupons of any bond series or issue may provide for the payment of interest for a shorter or longer period than six (6) months but not in excess of one (1) year.
History:
[(57-206) 1927, ch. 262, sec. 4, subd. (c), p. 546; I.C.A., sec. 55-206.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 2 - MUNICIPAL BOND LAW › Section 57-207 - BONDS — DENOMINATION.

57-207. BONDS — DENOMINATION. The denominations of each such bond shall be one thousand dollars ($1,000) or any even multiple thereof not exceeding one hundred thousand dollars ($100,000) as fixed by ordinance or resolution prior to the issuance thereof; provided, that bond number one (1) of each series or issue may be issued in any denomination not exceeding one hundred thousand dollars ($100,000).
History:
[(57-207) 1927, ch. 262, sec. 4, subd. (d), p. 546; I.C.A., sec. 55-207; am. 1963, ch. 183, sec. 2, p. 542; am. 1984, ch. 135, sec. 1, p. 321.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 2 - MUNICIPAL BOND LAW › Section 57-208 - BONDS — INTEREST RATE.

57-208. BONDS — INTEREST RATE. All such bonds shall bear interest at a rate or rates as may be fixed by any such governing board prior to the issuance of such bonds, which interest shall be payable semiannually (or as specially provided for hereinbefore) on such dates as may be fixed by any such governing board prior to the issue of any such bonds: provided, that when any proposition of the issuance of any such bond submitted to the vote of the electors shall have specified a maximum rate of interest to be borne by such bonds, the rate of interest thereon shall not exceed such specified maximum rate.
History:
[(57-208) 1927, ch. 262, sec. 4, subd. (e), p. 546; I.C.A., sec. 55-208; am. 1970, ch. 133, sec. 18, p. 309.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 2 - MUNICIPAL BOND LAW › Section 57-209 - BONDS AND INTEREST COUPONS — WHERE PAYABLE.

57-209. BONDS AND INTEREST COUPONS — WHERE PAYABLE. Such bonds and interest coupons shall be made payable and be payable at the office of the treasurer of the issuer or at the office of the treasurer of the State of Idaho, or at some bank or trust company in the state of Idaho or in the city and state of New York, which place or places of payment shall be designated by the governing board of the issuer prior to the issuance of such bonds, and such places of payment may be made and expressed in the alternative upon the face of the bonds and coupons and the bonds and coupons may be made payable at such alternative places of payment at the option of the holder thereof.
History:
[(57-209) 1927, ch. 262, sec. 4, subd. (f), p. 546; I.C.A., sec. 55-209; am. 1935, ch. 45, sec. 1, p. 83.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 2 - MUNICIPAL BOND LAW › Section 57-210 - BONDS — MAXIMUM TERM.

57-210. BONDS — MAXIMUM TERM. No bonds shall be issued to run for a longer term than thirty (30) years from the date of the bonds.
History:
[(57-210) 1927, ch. 262, sec. 4, subd. (g), p. 546; I.C.A., sec. 55-210; am. 1963, ch. 183, sec. 3, p. 542; am. 1969, ch. 238, sec. 2, p. 753.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 2 - MUNICIPAL BOND LAW › Section 57-211 - BONDS — AMORTIZED MATURITIES.

57-211. BONDS — AMORTIZED MATURITIES. The bonds of any one (1) issue shall mature and be payable upon an annual amortization plan, the first annual amortized principal payment shall mature and be payable within two (2) years from and after the date of the bonds, and the various annual maturities shall, as nearly as practicable, be in such principal amounts as will, together with the accruing interest on all outstanding bonds of such issue, be met and paid by an equal annual tax levy for the payment of the principal of said bonds and interest thereon during the term for which such bonds shall be issued: provided, however:
(a) That anything in this section to the contrary notwithstanding, whenever the governing body of the issuing corporation shall in its sole discretion determine it to be to the advantage of such corporation, it may issue and sell such bonds with such annual maturities as it shall determine either prior to or after the fixing of the interest rates such bonds will bear, and in every such instance it shall be permissible for the governing body to issue such bonds in the annual maturities so determined upon and bearing the rate or rates of interest ascertained upon the sale of such bonds.
(b) That nothing herein contained shall be construed as prohibiting any serial maturity from being in the sum of $5,000 or an even multiple thereof.
History:
[(57-211) 1927, ch. 262, sec. 4, subd. (h), p. 546; I.C.A., sec. 55-211; am. 1933, ch. 38, sec. 1, p. 50; am. 1935, ch. 95, sec. 1, p. 180; am. 1963, ch. 183, sec. 4, p. 542.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 2 - MUNICIPAL BOND LAW › Section 57-212 - BONDS FOR EACH PURPOSE A DISTINCT SERIES.

57-212. BONDS FOR EACH PURPOSE A DISTINCT SERIES. All bonds authorized by the vote of the electors upon a distinct proposition submitted unto them or authorized by any governing board where no popular election is required by law and for one purpose, shall constitute a distinct series, the bonds of which may be issued by any such governing board in separate issues, if deemed by such governing board to be to the best interest of the issuer so to do. The bonds of each series and of each of the issues thereunder shall be distinguished upon the face of each of such bonds by some distinguishing numbers or letters or descriptive language as may be determined by any such governing board; and the bonds of each such issue shall be numbered from one upwards consecutively.
History:
[(57-212) 1927, ch. 262, sec. 4, subd. (i), p. 546; I.C.A., sec. 55-212.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 2 - MUNICIPAL BOND LAW › Section 57-213 - BONDS — REGISTRATION.

57-213. BONDS — REGISTRATION. After the sale of any such bonds and before the issuance by delivery to the purchaser thereof, the same shall be registered as required hereinafter, and the officer or officers making such registration shall certify the fact of such registration by him upon the back of each bond.
History:
[(57-213) 1927, ch. 262, sec. 4, subd. (j), p. 546; I.C.A., sec. 55-213.]
2023 Idaho Code › Title 57 - PUBLIC FUNDS IN GENERAL › Chapter 2 - MUNICIPAL BOND LAW › Section 57-214 - SALE OF BONDS — PROCEDURE — MINIMUM PRICE.

57-214. SALE OF BONDS — PROCEDURE — MINIMUM PRICE. Funding and refunding bonds shall be sold as provided in sections 57-214 through 57-218, Idaho Code, or they may be issued by way of exchange for unpaid indebtedness or outstanding bonds to be funded or refunded thereby, as may be determined by any such governing body.
All other bonds shall be sold, after notice given as provided in section 57-215, Idaho Code, at private sale as provided in section 57-232, Idaho Code, or after notice given as herein provided, at public sale at a regular or special meeting of the governing body of the issuer corporation, and any funding or refunding bonds shall be sold in like manner, if so ordered by any such governing body. No bonds shall be sold for less than par and accrued interest to date of delivery. Any bonds, notes or other obligations may be sold by electronic bidding as provided in section 57-233, Idaho Code.
History:
[(57-214) 1927, ch. 262, sec. 5, subd. (a), p. 546; I.C.A., sec. 55-214; am. 2001, ch. 264, sec. 2, p. 968.]