TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 8

EXECUTIVE AND ADMINISTRATIVE OFFICERS — GOVERNOR AND LIEUTENANT-GOVERNOR

67-802.  Office of governor — Duties of governor. The office of the governor shall be composed of: the state liquor division, as provided by chapter 2, title 23, Idaho Code; the military division, as provided by title 46, Idaho Code; the division of financial management; and such other divisions and units as are established or assigned by law, or created through administrative action of the governor.

The governor shall appoint an administrator for each division, with the advice and consent of the senate. Administrators shall serve at the pleasure of the governor, and shall be exempt from the provisions of chapter 53, title 67, Idaho Code. Other subordinate staff necessary to accomplish a division’s mission shall be subject to the provisions of chapter 53, title 67, Idaho Code.

The supreme executive power of the state is vested by section 5, article IV, of the constitution of the state of Idaho, in the governor, who is expressly charged with the duty of seeing that the laws are faithfully executed. In order that he may exercise a portion of the authority so vested, the governor is authorized and empowered to implement and exercise those powers and perform those duties by issuing executive orders from time to time which shall have the force and effect of law when issued in accordance with this section and within the limits imposed by the constitution and laws of this state. Such executive orders, when issued, shall be serially numbered for each calendar year and may be referred to and cited by such numerical designation and title. Each executive order issued hereunder shall be effective only after signature by the governor, attestation by and filing with the secretary of state, who shall keep a permanent register and file of such orders in the same manner as applies to acts of the legislature. In addition, each executive order required by chapter 52, title 67, Idaho Code, to be published in the administrative bulletin shall be filed with the administrative rules coordinator and published in the bulletin. Each such executive order issued by the governor must prescribe a date after which it shall cease to be effective, which shall be within four (4) calendar years of the effective date of such order, and if no date after which such order shall cease to be effective is contained in the order, then such order shall cease to be effective four (4) calendar years from the issuance thereof, unless renewed by subsequent executive order. The governor may modify or repeal any executive order by issuance of a new executive order. The procedures expressly set forth in this section shall be sufficient to make an executive order effective.

In addition to those powers prescribed above, and those prescribed by the constitution, the governor has the powers, and may perform the duties prescribed in this section and the following sections:

1.  To supervise the official conduct of all executive and ministerial officers.

2.  To see that all offices are filled, and the duties thereof performed, or, in default thereof, apply such remedy as the law allows; and if the remedy is imperfect, acquaint the legislature therewith at its next session.

3.  To make the appointments and supply the vacancies provided by law.

4.  He is the sole official organ of communication between the government of this state and the government of any other state or territory, or of the United States.

5.  Whenever any suit or legal proceeding is pending in this state, or which may affect the title of this state to any property, or which may result in any claim against the state, he may direct the attorney general to appear on behalf of the state.

6.  He may require the attorney general or prosecuting attorney of any county to inquire into the affairs or management of any corporation existing under the laws of this state.

7.  He may require the attorney general to aid any prosecuting attorney in the discharge of his duties.

8.  He may offer rewards not exceeding one thousand dollars ($1,000) each, payable out of the state treasury, for the apprehension of any convict who has escaped from the state prison, or of any person who has committed, or is charged with the commission of, an offense punishable with death; and also offer like rewards, not exceeding five hundred dollars ($500) each, in cases of felony, where the offense is not punishable with death.

9.  To perform such duties respecting fugitives from justice as are prescribed by the penal code.

10.  To issue and transmit election proclamations as prescribed by law.

11.  He may require any officer to make special reports to him in writing on demand.

12.  He has such other powers and may perform such other duties as are devolved upon him by any law of this state.

History:

[(67-802) R.S., sec. 180; am. 1890-1891, p. 198, sec. 1; reen. 1899, p. 135, sec. 1; reen., R.C. & C.L., sec. 90; C.S., sec. 128; I.C.A., sec. 65-702; am. 1974, ch. 22, sec. 2, p. 592; am. 1980, ch. 358, sec.1, p. 923; am. 1980, ch. 361, sec.1, p. 938; am. 1986, ch. 301, sec. 1, p. 751; am. 1993, ch. 216, sec. 98, p. 667; am. 2009, ch. 23, sec. 61, p. 70.]