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), (f) and (g) 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,

Director of the department of 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 resource board,

Members of the state fish and game commission,

Members of the Idaho transportation board,

Voting 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 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)  Excepting the appointments made pursuant to subsection (c) of this section, whenever an appointee’s term has expired as prescribed by law, the governor or the authorized appointing authority must fill the position within twelve (12) months of the expiration of the term. However, an office will be vacant if the governor or the authorized appointing authority: (i) fails to timely appoint a qualified person at the earlier of the time required by law or required in this subsection; or (ii) fails to provide the senate with an appropriate letter or document of appointment by the thirty-sixth legislative day of the subsequent legislative session. All letters or documents of appointment must, as reasonably possible, accompany the additional documentation required by the senate. At the request of the secretary of the senate, the governor or the authorized appointing authority must provide the additional documentation.

(g)  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; am. 2015, ch. 338, sec. 1, p. 1269.]