Title 59 — PUBLIC OFFICERS IN GENERAL
11 chapters · 216 sections in this title.
Idaho Code § 59-801 Short title
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59-801. Short title. This act may be cited as the "Surety Bond Act."
Idaho Code § 59-802 Definitions
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59-802. Definitions. (1) "Administrator" means the administrator of the division of insurance management in the department of administration, as provided by section 67-5760, Idaho Code. (2) "Agency" means each department, institution, board, bureau, commission or committee of the…
Idaho Code § 59-803 Surety bond required
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59-803. Surety bond required. (1) With the advice of the head of each agency, and taking into consideration employee duties and responsibilities, the administrator shall designate individually or by class the employees required to give official bond to the state and the amount of…
Idaho Code § 59-804 Surety bonds — Blanket surety bond — Crime insurance terms and conditions
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59-804. Surety bonds — Blanket surety bond — Crime insurance terms and conditions. (1) Each official surety bond, blanket surety bond or suitable crime insurance policy of a public official or an employee shall be payable to the state or appropriate political subdivision, and sha…
Idaho Code § 59-805 Bond required under other laws
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59-805. Bond required under other laws. Whenever a public official or an employee is required by another law to post bond or surety as a prerequisite to entering employment or assuming office, the requirement is met when bond coverage or suitable crime insurance coverage is provi…
Idaho Code § 59-806 Bonds of county officers — Approval, filing, and recording — Insufficiency of sureties — Proceedings
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59-806. Bonds of county officers — Approval, filing, and recording — Insufficiency of sureties — Proceedings. It shall be the duty of the board of county commissioners of each county to periodically, but not less than twice yearly, review, examine, and inquire into the sufficienc…
Idaho Code § 59-807 Insufficiency of sureties — Additional bond
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59-807. Insufficiency of sureties — Additional bond. The additional bond must be in such penalty as directed by the court, judge, board, officer or other person, and in all other respects similar to the original bond, and approved by and filed with the same officer as required in…
Idaho Code § 59-808 Original bond not discharged by additional bond
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59-808. Original bond not discharged by additional bond. In no case is the original bond discharged or affected when an additional bond has been given, but the same remains of like force and obligation as if such additional bond had not been given.
Idaho Code § 59-809 Record of official bonds
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59-809. Record of official bonds. Official bonds, after having been approved, must be recorded in a book kept for that purpose, and entitled "Record of Official Bonds."
Idaho Code § 59-810 Sureties for less than penal sum
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59-810. Sureties for less than penal sum. When the penal sum of any bond required to be given amounts to more than one thousand dollars ($1,000), the sureties may become severally liable for portions of not less than five hundred dollars ($500) thereof, making in the aggregate at…
Idaho Code § 59-811 Custody of official bonds — Certified copies given
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59-811. Custody of official bonds — Certified copies given. Every officer with whom official bonds are filed must carefully keep and preserve the same, and give certified copies thereof to any person demanding the same, upon being paid the same fees as are allowed by law for cert…
Idaho Code § 59-812 Form of bond
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59-812. Form of bond. All official bonds must be in form joint and several, and made payable to the state of Idaho in such penalty and with such conditions as required by this chapter, or the law creating or regulating the duties of the office.
Idaho Code § 59-813 Extent of sureties’ liability
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59-813. Extent of sureties’ liability. Every official bond executed by any officer pursuant to law is in force and obligatory upon the principal and sureties therein for any and all breaches of the conditions thereof committed during the time such officer continues to discharge a…
Idaho Code § 59-814 Extent of sureties’ liability — Duties subsequently imposed
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59-814. Extent of sureties’ liability — Duties subsequently imposed. Every such bond is in force and obligatory upon the principal and sureties therein for the faithful discharge of all duties which may be required of such officer by any law enacted subsequently to the execution …
Idaho Code § 59-815 Suits by persons injured
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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…
Idaho Code § 59-816 Successive suits by persons injured
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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, again…
Idaho Code § 59-817 Defects in bond not to affect liability
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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 …
Idaho Code § 59-818 Action on either bond
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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 …
Idaho Code § 59-819 Separate judgment on bond
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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 adjudge…
Idaho Code § 59-820 Contribution between sureties
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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 dist…
Idaho Code § 59-821 Discharge of sureties by new bond
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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, …
Idaho Code § 59-822 Vacancies — Bond of appointee
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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.
Idaho Code § 59-823 Release of sureties
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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.
Idaho Code § 59-824 Release of sureties — Application for release
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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 th…
Idaho Code § 59-825 Release of sureties — Service of statement
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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.
Idaho Code § 59-826 Release of sureties — Office declared vacant
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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 …
Idaho Code § 59-827 Release of sureties — Remaining sureties liable
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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.
Idaho Code § 59-828 Release of sureties — Accrued liabilities unaffected
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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 …
Idaho Code § 59-829 Action on bonds — Lis pendens
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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 o…
Idaho Code § 59-830 Lis pendens — Filing and recording — Effect — Clerk’s fees
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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 affe…
Idaho Code § 59-831 Notification of expiration or failure to furnish official bond — Collection and deposit of unearned premiums
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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, a…