Idaho Code

Idaho Code § 72-302 (2026)

Regulation of deposit with state treasurer. 

✓ current as of May 2026
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Regulation of deposit with state treasurer. 

The securities so deposited with the state treasurer shall be an exclusive trust for the benefit of the employees of the employers whose compensation liability is so secured, to remain with the treasurer in trust to answer any default of any employer, self-insured employer or surety upon any such obligation established by final judgment upon which execution may lawfully be issued against the employer or surety; the surety, however, at all times shall have the right to collect the interest, dividends and profits upon the securities, and from time to time to withdraw the securities or a portion thereof, substituting therefor others of equally good character and value, to the satisfaction of the commission, and the securities shall not be sold under any process against the surety until after thirty (30) days’ notice to the surety, supplying the date, place and manner of sale, and the process under which and the purpose for which the sale is to be made, accompanied by a copy of the process. The surety shall not be permitted to withdraw from the state treasurer the deposits of money or bonds or permit the surety bonds to lapse for a period of one (1) year after discontinuing business within this state, or while any suit is pending or while any judgment against the surety in this state, or award against an employer whose compensation liability is secured by the surety, shall remain unpaid. Securities which are used to satisfy the requirements of this chapter may be held in the federal reserve book-entry system, as defined in section 41-2870(4), Idaho Code, and interests in such securities may be transferred by bookkeeping entry in the federal reserve book-entry system without physical delivery of certificates representing such securities.

Notes of Decisions
Cited in 7 cases, 1961–1997 · leading case: In Re Haynes, 511 P.2d 309 (Idaho 1973).
In Re Haynes, 511 P.2d 309 (Idaho 1973). · cites it 10× “This is an action by a surviving widow for benefits pursuant to I.C. § 72-302 [1] for the death of her husband arising out of his employment.”
Haynes v. J. E. Hall Contractors, Inc., 511 P.2d 309 (Idaho 1973). · cites it 10× “This is an action by a surviving widow for benefits pursuant to I.C. § 72-302 1 for the death of her husband arising out of his employment.”
Edwards v. Indus. Comm'n of the State, 943 P.2d 47 (Idaho 1997). · cites it 4× “I.C. § 72-302. The SIF contends it is exempt from the responsibility of making such a deposit based upon the provisions of I.”
Stample v. Idaho Power Co., 450 P.2d 610 (Idaho 1969). · cites it 2× “Parents may receive compensation only if dependent on *765 the child injured or killed, as is explicitly-provided by I.C. § 72-302. 3 Concerning the effect of Workmen’s Compensation Laws on other civil actions, I.”
Edwards v. Holmes Constr. Co., 372 P.2d 406 (Idaho 1962). · cites it 6× “For the purpose of death benefits, I.C. § 72-302 defines dependents as including “a child, if under eighteen years of age, or incapable of self-support and unmarried, whether actually dependent upon the deceased or not,” (emphasis supplied), which relationship must exist at the…”
Duncan v. Jacobsen Constr. Co., 360 P.2d 987 (Idaho 1961). · cites it 2× “Appellant therefore became entitled to compensation benefits, as the deemed dependent of her husband, I.C. § 72-302, payable to her as “a widow, until death or remarriage, but in no case to exceed 400 weeks,” I.”
In Re Jones, 372 P.2d 406 (Idaho 1962). · cites it 6× “For the purpose of death benefits, I.C. § 72-302 defines dependents as including "a child, if under eighteen years of age, or incapable of self-support and unmarried, whether actually dependent upon the deceased or not, " (emphasis supplied), which relationship must exist at the…”
— Idaho Code § 72-302(2) — 1 case
Edwards v. Indus. Comm'n of the State, 943 P.2d 47 (Idaho 1997). “I.C. § 72-302. The SIF contends it is exempt from the responsibility of making such a deposit based upon the provisions of I.”
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