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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) If a person is required under a law of the state of Idaho to give a surety bond, the person may give a government obligation, as defined in subsection (2)(h) of section 54-1901, Idaho Code. The government obligation shall:
(1) Be given to the official having authority to approve the surety bond, or its authorized custodian;
(2) Be in an amount equal at fair market value to the penal sum of the required surety bond; and
(3) Authorize the official receiving the obligation to collect or sell the obligation if the person defaults on a required condition.
(b) (1) An official receiving a government obligation under subsection (a) of this section may deposit it with:
1. The state treasurer;
2. A national or state chartered bank; or
3. A depository designated by the state treasurer.
(2) The state treasurer, bank, or depository shall issue a safekeeping receipt that describes the obligation deposited.
(c) Using a government obligation instead of a surety bond for security is the same as using:
(1) A corporate surety bond;
(2) A certified check;
(3) A bank draft;
(4) A post office money order; or
(5) Cash.
(d) When security is no longer required, a government obligation given instead of a surety bond shall be returned to the person giving the obligation. If a person supplying labor or material to a contractor defaulting under the public contracts bond act, sections 54-1925 through 54-1930, Idaho Code, files with the contracting body the application and affidavit provided under section 54-1927, Idaho Code, the contracting body:
(1) May return to the contractor the government obligation given as security or proceeds of the government obligation given under the public contracts bond act, sections 54-1925 through 54-1930, Idaho Code, only after the ninety (90) day period for bringing a civil action under section 54-1927, Idaho Code;
(2) Shall hold the government obligation or the proceeds subject to the order of the court having jurisdiction of the action if a civil action is brought in the ninety (90) day period.
(e) The provisions of this section do not affect the:
(1) Priority of a claim of the contracting body against a government obligation given under this section;
(2) Right or remedy of the contracting body for default on an obligation provided under this section;
(3) Authority of a court over a government obligation given as security in a civil action; and
(4) Authority of an official of the state of Idaho authorized by another law to receive a government obligation as security.
(f) To avoid frequent substitution of government obligations, the state treasurer may promulgate rules limiting the effect of the provisions of this section, to a government obligation maturing more than one (1) year after the date the obligation is given as security.
Cite this article: FindLaw.com - Idaho Statutes Title 54. Professions, Vocations, and Businesses § 54-1926A. Use of government obligations instead of surety bonds - last updated January 01, 2024 | https://codes.findlaw.com/id/title-54-professions-vocations-and-businesses/id-st-sect-54-1926a/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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