2013 Idaho Statutes
Title 59 - PUBLIC OFFICERS IN GENERAL
Chapter 9 - RESIGNATIONS AND VACANCIES
Section 59-904 - STATE OFFICES -- VACANCIES, HOW FILLED AND CONFIRMED.
(b) Nominations and appointments to fill vacancies occurring in the office of lieutenant governor, state controller, state treasurer, superintendent of public instruction, attorney general and secretary of state shall be made by the governor, subject to the advice and consent of the senate, for the balance of the term of office to which the predecessor of the person appointed was elected.
(c) Nominations and appointments to and vacancies in the following listed offices shall be made or filled by the governor subject to the advice and consent of the senate for the terms prescribed by law, or in case such terms are not prescribed by law, then to serve at the pleasure of the governor:
(d) Appointments made by the state board of land commissioners to the office of director, department of lands, and appointments to fill vacancies occurring in those offices shall be submitted by the president of the state board of land commissioners to the senate for the advice and consent of the senate in accordance with the procedure prescribed in this section.
(e) Appointments made pursuant to this section while the senate is in session shall be submitted along with the letter of appointment to the senate forthwith for the advice and consent of that body. Appointments made pursuant to this section while the senate is not in session shall be submitted along with the letter of appointment to the senate pursuant to section 67-803, Idaho Code. Should the senate adjourn without granting its consent to an appointment the appointment shall thereupon become void and a vacancy in the office to which the appointment was made shall exist, and the office shall be deemed vacant upon the date of adjournment. It is the duty of the appointing authority to supply the senate with the letter of appointment. The appointee shall supply the senate with the documentation it requests.
All appointments made pursuant to subsection (c) of this section, except those appointments for which a term of office is fixed by law, shall terminate at the expiration of any gubernatorial term. Appointments to fill the vacancies thus created by the expiration of the term of office of the governor shall be forthwith submitted to the senate for the advice and consent of that body, and when so submitted shall be as expeditiously considered as possible.
Upon receipt of an appointment along with the letter of appointment in the senate for the purpose of securing the advice and consent of the senate, the appointment shall be referred by the presiding officer to the appropriate committee of the senate for consideration and report prior to action thereon by the full senate.
(f) It is the intent of the legislature that the provisions of this section as amended by this chapter shall not apply to appointments which have been made prior to the effective date of this chapter. It is the further intent of the legislature that the provisions of this section shall apply to the offices listed in this section and to any office created by law or executive order which succeeds to the powers, duties, responsibilities and authorities of any of the offices listed in subsections (c) and (d) of this section.
History:
[(59-904) 1890-1891, p. 57, sec. 12; reen. 1899, p. 67, sec. 3; compiled and reen. R.C., sec. 320; reen. C.L., sec. 320; C.S., sec. 465; I.C.A., sec. 57-904; am. 1969, ch. 413, sec. 1, p. 1145; am. 1974, ch. 22, sec. 57, p. 592; am. 1977, ch. 105, sec. 2, p. 223; am. 1985, ch. 160, sec. 1, p. 427; am. 1994, ch. 180, sec. 133, p. 507; am. 1995, ch. 44, sec. 62, p. 105; am. 1996, ch. 232, sec. 1, p. 758; am. 1996, ch. 421, sec. 3, p. 1411; am. 1998, ch. 428, sec. 9, p. 1358; am. 1999, ch. 311, sec. 2, p. 774; am. 1999, ch. 370, sec. 17, p. 996; am. 2000, ch. 132, sec. 3, p. 312; am. 2000, ch. 469, sec. 129, p. 1588; am. 2004, ch. 346, sec. 8, p. 1033; am. 2007, ch. 360, sec. 20, p. 1079; am. 2010, ch. 335, sec. 1, p. 887.]
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