Section 59-801 – SHORT TITLE.
59-801. SHORT TITLE. This act may be cited as the "Surety Bond Act." History: [59-801, added 1971, ch. 136, sec. 56, p. 522.]
Section 59-802 – DEFINITIONS.
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 government of the state, including state educational institutions, the supreme court and district courts, but does not […]
Section 59-803 – SURETY BOND REQUIRED.
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 the bond required for each individual or class. (2) If some […]
Section 59-804 – SURETY BONDS — BLANKET SURETY BOND — CRIME INSURANCE TERMS AND CONDITIONS.
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 shall be in the appropriate form as defined in section 59-802, […]
Section 59-805 – BOND REQUIRED UNDER OTHER LAWS.
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 provided for the office or position under provisions of the […]
Section 59-806 – BONDS OF COUNTY OFFICERS — APPROVAL, FILING, AND RECORDING — INSUFFICIENCY OF SURETIES — PROCEEDINGS.
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 sufficiency of all of the official bonds given or to be […]
Section 59-807 – INSUFFICIENCY OF SURETIES — ADDITIONAL BOND.
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 case of the approval and filing of […]
Section 59-808 – ORIGINAL BOND NOT DISCHARGED BY ADDITIONAL BOND.
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. History: [59-808, added 1971, ch. 136, sec. 63, p. 522.]
Section 59-809 – RECORD OF OFFICIAL BONDS.
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." History: [59-809, added 1971, ch. 136, sec. 64, p. 522.]
Section 59-810 – SURETIES FOR LESS THAN PENAL SUM.
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 least two (2) sureties for the whole […]
Section 59-811 – CUSTODY OF OFFICIAL BONDS — CERTIFIED COPIES GIVEN.
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 certified copies of papers in other cases. History: […]
Section 59-812 – FORM OF BOND.
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. History: [59-812, added 1971, ch. 136, sec. 67, p. 522.]
Section 59-813 – EXTENT OF SURETIES’ LIABILITY.
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 any of the duties of or hold the office, and whether […]
Section 59-814 – EXTENT OF SURETIES’ LIABILITY — DUTIES SUBSEQUENTLY IMPOSED.
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 of such bond, and such condition must be expressed therein. […]
Section 59-815 – SUITS BY PERSONS INJURED.
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 wrongful act or […]
Section 59-816 – SUCCESSIVE SUITS BY PERSONS INJURED.
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, against such officer and his […]
Section 59-817 – DEFECTS IN BOND NOT TO AFFECT LIABILITY.
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 are equitably bound to the state, […]
Section 59-818 – ACTION ON EITHER BOND.
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 bring separate actions on […]
Section 59-819 – SEPARATE JUDGMENT ON BOND.
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 adjudged to him on the same causes of action in […]
Section 59-820 – CONTRIBUTION BETWEEN SURETIES.
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 distributive part of the sum thus paid, in the proportion […]