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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1235
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
STATE
OFFICE
VACANCIES;
AMENDING
SECTION
59
-
904,
IDAHO
CODE,
TO
2
PROVIDE
THAT
WHEN
A
GUBERNATORIAL
APPOINTMENT
IS
EXPRESSLY
REJECTED
BY
3
THE
SENATE,
THE
REJECTED
APPOINTEE
SHALL
BE
INELIGIBLE
FOR
APPOINTMENT
4
BY
THE
GOVERNOR
TO
ANY
POSITION
REQUIRING
THE
ADVICE
AND
CONSENT
OF
THE
5
SENATE
FOR
ONE
YEAR;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
RETROAC
-
6
TIVE
APPLICATION.
7
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
8
SECTION
1.
That
Section
59
-
904,
Idaho
Code,
be,
and
the
same
is
hereby
9
amended
to
read
as
follows:
10
59
-
904.
STATE
OFFICES
-
-
VACANCIES,
HOW
FILLED
AND
CONFIRMED.
(a)
All
1
1
vacancies
in
any
state
office,
and
in
the
supreme
and
district
courts,
unless
12
otherwise
provided
for
by
law,
shall
be
filled
by
appointment
by
the
gover
-
13
nor.
Appointments
to
fill
vacancies
pursuant
to
this
section
shall
be
made
14
as
provided
in
subsections
(b),
(c),
(d),
(e),
(f)
and
(g)
of
this
section,
15
subject
to
the
limitations
prescribed
in
those
subsections.
16
(b)
Nominations
and
appointments
to
fill
vacancies
occurring
in
the
of
-
17
fice
of
lieutenant
governor,
state
controller,
state
treasurer,
superinten
-
18
dent
of
public
instruction,
attorney
general
and
secretary
of
state
shall
be
19
made
by
the
governor,
subject
to
the
advice
and
consent
of
the
senate,
for
20
the
balance
of
the
term
of
office
to
which
the
predecessor
of
the
person
ap
-
21
pointed
was
elected.
22
(c)
Nominations
and
appointments
to
and
vacancies
in
the
following
23
listed
offices
shall
be
made
or
filled
by
the
governor
subject
to
the
advice
24
and
consent
of
the
senate
for
the
terms
prescribed
by
law,
or
in
case
such
25
terms
are
not
prescribed
by
law,
then
to
serve
at
the
pleasure
of
the
gover
-
26
nor:
27
Director
of
the
department
of
administration,
28
Director
of
the
department
of
finance,
29
Director
of
the
department
of
insurance,
30
Director,
department
of
agriculture,
31
Director
of
the
department
of
water
resources,
32
Director
of
the
Idaho
state
police,
33
Director
of
the
department
of
commerce,
34
Director
of
the
department
of
labor,
35
Director
of
the
department
of
environmental
quality,
36
Director
of
the
department
of
juvenile
corrections,
37
Executive
director
of
the
commission
of
pardons
and
parole,
38
The
state
historic
preservation
officer,
39
The
administrator
of
the
division
of
human
resources,
40
Member
of
the
state
tax
commission,
41
2
Members
of
the
board
of
regents
of
the
university
of
Idaho
and
the
state
1
board
of
education,
2
Members
of
the
Idaho
water
resource
board,
3
Members
of
the
state
fish
and
game
commission,
4
Members
of
the
Idaho
transportation
board,
5
Voting
members
of
the
state
board
of
health
and
welfare,
6
Members
of
the
board
of
environmental
quality,
7
Members
of
the
board
of
directors
of
state
parks
and
recreation,
8
Members
of
the
board
of
correction,
9
Members
of
the
industrial
commission,
10
Members
of
the
Idaho
public
utilities
commission,
1
1
Members
of
the
Idaho
personnel
commission,
12
Members
of
the
board
of
directors
of
the
Idaho
state
retirement
system,
13
Members
of
the
board
of
directors
of
the
state
insurance
fund,
14
Members
of
the
commission
of
pardons
and
parole.
15
(d)
Appointments
made
by
the
state
board
of
land
commissioners
to
the
16
office
of
director,
department
of
lands,
and
appointments
to
fill
vacancies
17
occurring
in
those
offices
shall
be
submitted
by
the
president
of
the
state
18
board
of
land
commissioners
to
the
senate
for
the
advice
and
consent
of
the
19
senate
in
accordance
with
the
procedure
prescribed
in
this
section.
20
(e)
Appointments
made
pursuant
to
this
section
while
the
senate
is
in
21
session
shall
be
submitted
along
with
the
letter
of
appointment
to
the
sen
-
22
ate
forthwith
for
the
advice
and
consent
of
that
body.
Appointments
made
23
pursuant
to
this
section
while
the
senate
is
not
in
session
shall
be
submit
-
24
ted
along
with
the
letter
of
appointment
to
the
senate
pursuant
to
section
25
67
-
803,
Idaho
Code.
Should
the
senate
adjourn
without
granting
its
consent
26
to
an
appointment
the
appointment
shall
thereupon
become
void
and
a
vacancy
27
in
the
office
to
which
the
appointment
was
made
shall
exist,
and
the
office
28
shall
be
deemed
vacant
upon
the
date
of
adjournment.
It
is
the
duty
of
the
ap
-
29
pointing
authority
to
supply
the
senate
with
the
letter
of
appointment.
The
30
appointee
shall
supply
the
senate
with
the
documentation
it
requests.
31
All
appointments
made
pursuant
to
subsection
(c)
of
this
section,
ex
-
32
cept
those
appointments
for
which
a
term
of
office
is
fixed
by
law,
shall
ter
-
33
minate
at
the
expiration
of
any
gubernatorial
term.
Appointments
to
fill
the
34
vacancies
thus
created
by
the
expiration
of
the
term
of
office
of
the
gover
-
35
nor
shall
be
forthwith
submitted
to
the
senate
for
the
advice
and
consent
of
36
that
body,
and
when
so
submitted
shall
be
as
expeditiously
considered
as
pos
-
37
sible.
38
Upon
receipt
of
an
appointment
along
with
the
letter
of
appointment
in
39
the
senate
for
the
purpose
of
securing
the
advice
and
consent
of
the
sen
-
40
ate,
the
appointment
shall
be
referred
by
the
presiding
officer
to
the
appro
-
41
priate
committee
of
the
senate
for
consideration
and
report
prior
to
action
42
thereon
by
the
full
senate.
43
(f)
Excepting
the
appointments
made
pursuant
to
subsection
(c)
of
this
44
section,
whenever
an
appointee's
term
has
expired
as
prescribed
by
law,
45
the
governor
or
the
authorized
appointing
authority
must
fill
the
position
46
within
twelve
(12)
months
of
the
expiration
of
the
term.
However,
an
of
-
47
fice
will
be
vacant
if
the
governor
or
the
authorized
appointing
authority:
48
(i)
fails
to
timely
appoint
a
qualified
person
at
the
earlier
of
the
time
49
required
by
law
or
required
in
this
subsection;
or
(ii)
fails
to
provide
50
3
the
senate
with
an
appropriate
letter
or
document
of
appointment
by
the
1
thirty
-
sixth
legislative
day
of
the
subsequent
legislative
session.
All
2
letters
or
documents
of
appointment
must,
as
reasonably
possible,
accompany
3
the
additional
documentation
required
by
the
senate.
At
the
request
of
the
4
secretary
of
the
senate,
the
governor
or
the
authorized
appointing
authority
5
must
provide
the
additional
documentation.
6
(g)
It
is
the
intent
of
the
legislature
that
the
provisions
of
this
sec
-
7
tion
as
amended
by
this
chapter
shall
not
apply
to
appointments
which
have
8
been
made
prior
to
the
effective
date
of
this
chapter.
It
is
the
further
in
-
9
tent
of
the
legislature
that
the
provisions
of
this
section
shall
apply
to
10
the
offices
listed
in
this
section
and
to
any
office
created
by
law
or
exec
-
1
1
utive
order
which
succeeds
to
the
powers,
duties,
responsibilities
and
au
-
12
thorities
of
any
of
the
offices
listed
in
subsections
(c)
and
(d)
of
this
sec
-
13
tion.
14
(h)
When
a
gubernatorial
appointment
pursuant
to
this
section
is
ex
-
15
pressly
rejected
by
the
senate,
the
rejected
appointee
shall
be
ineligible
16
for
appointment
by
the
governor
to
any
position
requiring
the
advice
and
con
-
17
sent
of
the
senate
for
one
(1)
year
following
the
senate's
express
rejection.
18
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
19
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
20
passage
and
approval
and
retroactively
to
January
1,
2026.
21