2005 Idaho Code - 59-904 — STATE OFFICES -- VACANCIES, HOW FILLED AND CONFIRMED

                                  TITLE  59
                          PUBLIC OFFICERS IN GENERAL
                                  CHAPTER 9
                          RESIGNATIONS AND VACANCIES
    59-904.  STATE OFFICES -- VACANCIES, HOW FILLED AND CONFIRMED. (a) All
vacancies in any state office, and in the supreme and district courts, unless
otherwise provided for by law, shall be filled by appointment by the governor.
Appointments to fill vacancies pursuant to this section shall be made as
provided in subsections (b), (c), (d), (e), and (f) of this section, subject
to the limitations prescribed in those subsections.
    (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:
    Director of the department of administration,
    Director of the department of finance,
    Director of the department of insurance,
    Director, department of agriculture,
    Director of the department of water resources,
    Director of the Idaho state police,
    Director of the department of commerce and labor,
    Director of the department of environmental quality,
    Director of the department of juvenile corrections,
    Executive director of the commission of pardons and parole,
    The state historic preservation officer,
    The administrator of the division of human resources,
    Member of the state tax commission,
    Members of the board of regents of the university of Idaho and the state
    board of education,
    Members of the Idaho water resources board,
    Members of the state fish and game commission,
    Members of the Idaho transportation board,
    Members of the state board of health and welfare,
    Members of the board of environmental quality,
    Members of the board of directors of state parks and recreation,
    Members of the board of correction,
    Members of the industrial commission,
    Members of the Idaho public utilities commission,
    Members of the Idaho personnel commission,
    Members of the board of directors of the Idaho state retirement system,
    Members of the board of directors of the state insurance fund,
    Members of the commission of pardons and parole.
    (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 to the senate forthwith for the advice and consent
of that body. The appointment so made and submitted shall not be effective
until the approval of the senate has been recorded in the journal of the
senate. Appointments made pursuant to this section while the senate is not in
session shall be effective until the appointment has been submitted to the
senate for the advice and consent of the senate. Should the senate adjourn
without granting its consent to such an interim appointment the appointment
shall thereupon become void and a vacancy in the office to which the
appointment was made shall exist.
    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 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.