Title 57 — PUBLIC FUNDS IN GENERAL

57-101. Name of act. This chapter may be cited as the "Public Depository Law."

57-102. Scope of act. This chapter is designed to safeguard and protect the funds of all political subdivisions and of all municipal and quasi-municipal corporations of the state, having power to levy taxes or assessments, now existing or hereafter created and whether organized u…

57-103. Definitions. In this chapter, unless the context otherwise requires, words and phrases shall have the meanings defined in the sections following.

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 ass…

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.

57-106. Supervising board. "Supervising board" is the official governing body of a depositing unit.

57-107. Treasurer. "Treasurer" is the official custodian of public moneys as defined in this chapter.

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.

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…

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…

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 …

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 st…

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 an…

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 d…

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 agen…

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 57-11…

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 ex…

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 w…

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 …

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…

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 fede…

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 …

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…

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 …

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 ha…

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,…

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 …

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,…

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.

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 contract…

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 t…

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 th…