Idaho Code
Idaho Code § 31-1607 (2026)
Expenditures financed by bond issue — Expenditures in excess of appropriations — Liability of officers.
✓ current as of May 2026
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Expenditures financed by bond issue — Expenditures in excess of appropriations — Liability of officers.
Where any budget shall contain an expenditure program to be financed from a bond issue to be authorized thereafter, no such expenditures shall be made or incurred until such bonds have been duly authorized and the proceeds therefrom are available.
Expenditures made, liabilities incurred or warrants issued in excess of any of the budget appropriations or as revised by transfer as herein provided, shall not be a liability of the county, but the official making or incurring such liability, expenditure, or issuing such warrant shall be liable therefor personally and upon his official bond, as is hereinafter provided. The county auditor shall issue no warrant and the county commissioners shall approve no claim for any expenditure in excess of said budget appropriations or as revised under the provisions hereof, except upon an order of a court of competent jurisdiction, or for emergencies as hereinafter provided. Any county officer creating any liability or any county commissioner or commissioners, or county auditor approving any claim or issuing any warrant in excess of any such budget appropriation, except as above provided, shall be liable to the county for the amount of such claim or warrant which amount shall be recovered by action against such county official, elective or appointive, county commissioner or commissioners or auditor, or all of them and their several sureties on their official bonds. It shall be the duty of the prosecuting attorney of such county to bring such action in the name of said county in any court of competent jurisdiction; provided, that no action shall be maintained or prosecuted for any liability heretofore or hereafter incurred under the provisions of chapter 232 of the Idaho Session Laws, 1927, as amended by chapter 138 of the Idaho Session Laws, 1929, upon any state of facts which will not support an action under the provisions of this act.
Notes of Decisions
Cited in 3
cases, 1954–2011 · leading case: In re Boise Cnty., 465 B.R. 156 (Bankr. D. Idaho 2011).
In re Boise Cnty., 465 B.R. 156 (Bankr. D. Idaho 2011). “See Idaho Code § 31-1607 . As a means of assuring compliance with this provision, Idaho Code § 31-1607 provides that any expenditures made, liabilities incurred or warrants issued in excess of budget appropriations are the personal liability of the county official making or…”
H. J. McNeel, Inc. v. Canyon Cnty., 277 P.2d 554 (Idaho 1954). “If, in 1950, the commissioners did not see fit to anticipate this expense either directly or by way of the "`general reserve appropriation'," § 31-1605, I.”
Bonneville Cnty. v. Hopkins, 493 P.2d 395 (Idaho 1972). “Such a pleading requirement is not contained in I.C. § 31-1607. Nevertheless,. I.C. § 31-1607 cannot be read separately from the rest of the Code and absolutely as appellants would have us do.”
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