Title 67, STATE GOVERNMENT AND STATE AFFAIRS

67-2723. EXPENSES OF CARRYING OUT PROVISIONS OF STATE DEPOSITORY LAW -- AUDIT AND PAYMENT. Any expenses incurred in carrying out the provisions of the state depository law shall be audited by the state board of examiners and paid out of the general fund of the state.

67-2724. OFFICERS AND PERSONS AUTHORIZED TO MAKE INSPECTIONS AND EXAMINATIONS. The governor, state controller, or the department of finance, or any person authorized in writing by them or it, may, during business hours, in the presence of the treasurer or his deputy, inspect and …

67-2725. BANKS ELIGIBLE AS DEPOSITORIES. Any national bank or any state bank or trust company doing a banking business in this state may become a state depository by making application for that purpose to the state treasurer. Provided, as to banking corporations or national banki…

67-2725A. STATE TREASURER PROHIBITED FROM MAKING DEPOSITS IN BANKS OR TRUST COMPANIES WHICH HAVE FAILED TO PAY ALL STATE AND LOCAL TAXES. The state treasurer shall not deposit moneys of the state in a bank or trust company which has failed to pay all state and local taxes, includ…

67-2726. BANKS TO WHICH OFFICIALS SECRETLY INDEBTED INELIGIBLE. No bank is eligible to become or remain a state depository, to which the state treasurer, state controller, or the chief deputy of either of them is directly indebted, unless the fact of such indebtedness is made kno…

67-2737. FUNDS TO BE DEPOSITED. The state treasurer shall deposit, subject to the provisions of this chapter and of section 67-1210, Idaho Code, in designated state depositories, all moneys of the state of Idaho coming into his hands.

67-2738. PERMANENT ENDOWMENT FUNDS TEMPORARILY IN HANDS OF TREASURER. All moneys temporarily in the hands of the state treasurer belonging to the permanent charitable, educational, public school or university lands endowment funds, or other funds under the control of the investme…

67-2739. DESIGNATION OF DEPOSITORY -- REPORTING OF CAPITAL AND SURPLUS. (1) The state treasurer shall designate institutions qualified under this chapter as a state depository or depositories. Such designation shall be determined by competitive bidding or by other means generally…

67-2741. EXCESS DEPOSITS. Where the amount to be deposited exceeds the amount which all state depositories in the state are willing to accept on the terms specified in this chapter, the state treasurer may, with the consent of the investment board, deposit the excess in any one (…

67-2742. WITHDRAWAL OF MONEYS FROM DEPOSITORIES -- TIME DEPOSITS. All deposits in state 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 time deposits of idle…

67-2743. INTEREST ON TIME DEPOSITS. Every state depository shall pay interest upon time deposits made by the state treasurer at rates not less than those paid to investors for a deposit of the same amount and under like circumstances and conditions; provided, however, that such t…

67-2743E. DISCLOSURE OR USE OF INFORMATION RELATING TO DEPOSITORIES -- PENALTY. Information regarding the solvency of the bank obtained by the board, the department of finance, or office of state treasurer, shall be subject to disclosure according to chapter 1, title 74, Idaho Co…

67-2744. DEPOSITORIES TO RENDER MONTHLY STATEMENTS. 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 beginnin…

67-2745. DUTY OF TREASURER UPON RECEIPT OF NOTICE OF CANCELLATION. Upon receiving the notice of cancellation hereinbefore provided for, the state treasurer shall cease to make any further deposits in said depository, unless and until it is reinstated by the department of finance …

67-2746. RESPONSIBILITY FOR LOSS THROUGH INSOLVENCY OF BANK. The state treasurer shall not be liable personally or upon his official bond for any moneys that may be lost by reason of the failure or insolvency of any bank which becomes a depository under the state depository law, …

67-2746A. DEPOSIT FOR SAFEKEEPING -- RESPONSIBILITY. The state treasurer may deposit for safekeeping with a state or national bank or a federal reserve bank any bonds, notes, bills, debentures, obligations, certificates of indebtedness, warrants, or other evidences of indebtednes…

67-2747. TREASURER TO MAKE NO PROFIT -- PENALTY. The making of profit, directly or indirectly, by the state treasurer, out of any money in the state treasury, belonging to the state, the custody of which the state treasurer is charged with, by loaning or otherwise using it, or de…

67-2748. NEGLECT OF TREASURER A MISDEMEANOR -- PENALTY. If the state treasurer shall willfully fail or refuse at any time to do or perform any act required of him by the state depository law, he shall be guilty of a misdemeanor, and upon conviction thereof, he shall be sentenced …

67-2749. BRIBERY OF TREASURER A FELONY -- PENALTY. The offering, or giving, directly or indirectly, by any bank or 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 authori…

67-2750. SHORT TITLE. This act shall be known and may be cited as the "Idaho Financial Fraud Prevention Act."

67-2751. DEFINITIONS. As used in sections 67-2750 through 67-2762, Idaho Code: (1) "Act" or "Idaho Financial Fraud Prevention Act" means sections 67-2750 through 67-2762, Idaho Code. (2) "Department" means the Idaho department of finance. (3) "Director" means the director of the …

67-2752. FINANCIAL FRAUD ILLEGAL. It is unlawful for any person, directly or indirectly: (1) To employ any device, scheme or artifice to defraud a financial institution; (2) To obtain or attempt to obtain money, funds, credits, assets, securities, or other property owned by, or u…

67-2753. EMPLOYMENT OR AFFILIATION OF CERTAIN PERSONS. Except with the prior written consent of the director, no person who has been convicted of, or who has pled nolo contendre to, any criminal offense involving dishonesty, breach of trust or fiduciary duty, or money laundering,…

67-2754. POWERS OF DIRECTOR. The director shall have the following powers and authority under this act: (1) Investigations. The director may make such public or private investigations within or without this state as he deems necessary to determine whether any person has violated …

67-2755. INJUNCTIONS -- OTHER REMEDIES. Whenever it appears to the director that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this act or any rule or order hereunder, he may in his discretion: (1) Order the perso…

67-2756. PRIVATE REMEDIES. (1) In the event a financial institution indemnifies its customer for damages caused by a violation of this act, or assumes the loss caused its customer by a violation of this act, the financial institution shall be entitled to sue the violator, at law …

67-2757. INSTITUTION OF CRIMINAL PROCEEDINGS. The director may refer such evidence as may be available concerning violations of this act or any rule or order hereunder to the attorney general, prosecuting attorney, United States attorney, county, state or federal law enforcement …

67-2758. CRIMINAL PENALTIES FOR VIOLATIONS -- LIMITATION OF ACTIONS. (1) Any person who violates any provision of this act or who violates any rule or order hereunder, shall be guilty of a felony and, upon conviction, be fined not more than five thousand dollars ($5,000) or impri…

67-2759. CRIMINAL PUNISHMENT UNDER THIS ACT NOT EXCLUSIVE. Nothing in this act limits the power of the state or any other law enforcement agency to proceed against and punish any person for any conduct which constitutes a crime under any applicable law, statute, code or ordinance…

67-2760. JUDICIAL REVIEW OF ORDERS. Any person aggrieved by a final order of the director may obtain judicial review of that order pursuant to the provisions of chapter 52, title 67, Idaho Code.

67-2761. ADMINISTRATION OF ACT -- RULES, FORMS AND ORDERS. The administration of the provisions of this act shall be under the general supervision and control of the director. The director may from time to time make, amend and rescind such rules, forms and orders as are necessary…

67-2762. ADMINISTRATIVE PUBLIC HEARINGS -- EXCEPTION. Every hearing in an administrative proceeding shall be public unless the director in his discretion grants a request that the hearing be conducted privately.

67-2763. PROTECTION OF CERTAIN ADULTS FROM FINANCIAL EXPLOITATION. (1) In this section, unless the context otherwise requires: (a) "Authorized agencies" means the Idaho commission on aging and the department of finance. (b) "Financial exploitation" means: (i) The wrongful or unau…