Title 59, PUBLIC OFFICERS IN GENERAL

59-101. Qualifications in general. Every qualified elector shall be eligible to hold any office of this state for which he is an elector, except as otherwise provided by the Constitution.

59-102. Legislators disqualified from holding certain offices. It shall be unlawful for any member of the legislature, during the term for which he was elected, to accept or receive, or for the governor, or other officials or board, to appoint such member of the legislature to, a…

59-104. Absence of state officers prohibited — Exemptions. No state or district officer must absent himself from the state or district for more than thirty (30) days, unless upon business of the state, or with the consent of the governor. The consent of the governor shall not be …

59-105. Offices to be provided in capitol mall. The governor, lieutenant governor, secretary of state, attorney general, state treasurer, state controller and superintendent of public instruction may occupy, without rent or charge, the offices provided for them respectively in th…

59-301. Nominations to be in writing. Nominations made by the governor to the senate must be in writing, designating the residence of the nominee and the office for which he is nominated.

59-302. Resolution of concurrence. Whenever the senate concurs in a nomination, its secretary must immediately deliver a copy of the resolution of concurrence, certified by the president and secretary, to the governor.

59-303. Commissions by governor. The governor must commission: 1. All officers of the militia. 2. All officers appointed by the governor, or by the governor with the advice and consent of the senate.

59-304. Form of commission. The commissions of all officers commissioned by the governor must be issued in the name of the people of this state, and must be signed by the governor and attested by the secretary of state, under the great seal.

59-305. Other commissions. The commissions of all officers, where no special provision is made by law, must be signed by the presiding officer of the body, or by the person making the appointment.

59-306. Appointment of employees. The appointment of every deputy, clerk or other employee of the state of Idaho, including contract employees, whose salary or other compensation is payable out of any appropriation or allotment specifically provided for such payment, except tempo…

59-307. Certificate to be filed before salary paid — Duty of state controller. From and after the first day of June, 1921, the state controller shall not certify any claim nor issue any warrant, for the payment of any salary, wages, per diem or other compensation of any officer, …

59-401. Loyalty oath — Form. Before any officer elected or appointed to fill any office created by the laws of the state of Idaho enters upon the duties of his office, he must take and subscribe an oath, to be known as the official oath, which is as follows: "I do solemnly swear …

59-402. Time of taking oath. Whenever a different time is not prescribed by law the oath of office must be taken, subscribed and filed within ten (10) days after the officer has notice of his election or appointment, or before the expiration of fifteen (15) days from the commence…

59-403. Before whom oath taken. Except when otherwise provided, the oath may be taken before any officer authorized to administer oaths.

59-404. County officers — Time and place of taking oath. The oath of office of county elective officers shall be taken by the county commissioners before the county recorders of their respective counties, on the second Monday of January succeeding each general election, and on th…

59-405. Where oath filed. Every oath of office, certified by the officer, before whom the same was taken, must be filed within the time required by law, except when otherwise specially directed, as follows: 1. The oath of all officers whose authority is not limited to any particu…

59-406. Oath of deputies. Deputies, clerks and subordinate officers must take and file an official oath before entering upon their duties.

59-407. Inability to appear — Taking oath. Whenever any elective state official shall be unable to appear for the taking of his oath as provided for in this code, for any reason, including his being a member of the armed forces of the United States, he may be sworn in and may tak…

59-408. Temporary inability of officers. In the event any county elective official shall be unable to serve, due to illness, injury or on account of war, war industries, job freezing or being a member of any branch of the armed forces of the United States of America, it shall be …

59-501. Salaries of state elective officers — Regular payment — Traveling expenses — Fees property of state. (1) The elected officers named in this subsection shall receive the following compensation for their services: (a) Commencing on the first Monday in January 2023, until th…

59-502. Salaries of judges. (1) Commencing on July 1, 2025, the salary of the justices of the supreme court shall be one hundred eighty-six thousand five hundred eight dollars ($186,508) per annum. (2) Commencing on July 1, 2023, judges of the court of appeals shall receive an an…

59-503. Time of payment of salaries. (1) The salaries of all state and district officers and employees whose salaries are paid monthly from the state treasury, shall be paid on or before the tenth day of the month following the month for which the salary is due, out of any money …

59-504. Salary when title to office contested. When the title of the incumbent of any office in this state is contested by proceedings instituted in any court for that purpose, no warrant can thereafter be drawn or paid for any part of his salary until such proceedings have been …

59-505. Salary when title to office contested — Certificate of pending suit. As soon as such proceedings are instituted, the clerk of the court in which they are pending must certify the facts to the officers, whose duty it would otherwise be to draw such warrant or pay such sala…

59-506. Salary suspended during failure to report for moneys collected. Any officer, or deputy, failing to report in the form prescribed by the state controller for all public moneys collected by him on behalf of the state, shall not be allowed any salary or compensation during t…

59-508. Salaries for appointive department heads and other administrative officers. The salaries of the appointive department heads, division administrators or other administrative officers not otherwise provided for by law, shall be fixed by the officer or authority making such …

59-509. Honorariums or compensation for members of boards, commissions and councils. The members of part-time boards, commissions or councils shall receive for each day spent in the actual performance of duties, an honorarium, compensation, or expenses, as provided in the followi…

59-511. Officers to devote entire time to official duties — Exceptions. Each executive and administrative officer shall devote his entire time to the duties of his office and shall hold no other office or position of profit: provided, that an elective or appointive state officer …

59-512. Compensation for public service. No employee in the several departments, employed at a fixed compensation, shall be paid for any extra service performed by such employee in the ordinary course of his employment, unless expressly authorized by law. Whenever the public inte…

59-513. Deferred compensation programs for employees of state or political subdivisions. The state of Idaho, the state board of education for those employees eligible for participation in the optional retirement programs created in sections 33-107A and 33-107B, Idaho Code, and an…

59-514. Publication of contractee, amount, and purpose of personal service contracts — Definition. (1) The state of Idaho shall publish, within fifteen (15) days of entering into any personal service contract, the parties, amount, and a one (1) sentence purpose of all such person…

59-801. Short title. This act may be cited as the "Surety Bond Act."

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…

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…

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…

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…

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…

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…

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.

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."

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…

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…

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.

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…

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 …

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…

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…

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 …

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 …

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…