Chapter 1 STATE LAW LIBRARIES

Section.

§ 4-101. Establishment of a state law library.

A state law library for the use of the courts and members of the bar of this state is hereby established in the city of Boise. The Boise state law library is hereby also designated as the state depository for official publications received from other states and the federal government.

History.

1925, ch. 86, § 1, p. 120; I.C.A.,§ 4-101; am. 1951, ch. 87, § 1, p. 157; am. 1959, ch. 73, § 3, p. 165; am. 1969, ch. 212, § 1, p. 614; am. 2008, ch. 25, § 1, p. 38.

STATUTORY NOTES

Cross References.

Public libraries,§ 33-2601 et seq.

Commission for libraries,§ 33-2501 et seq.

County law library, county commissioners may maintain,§ 31-825.

Regional library systems,§ 33-2612 et seq.

Amendments.

The 2008 amendment, by ch. 25, deleted “shall be kept in the state capitol building of the Supreme Court and law library building” following “law library” in the last sentence.

Effective Dates.

Section 2 of S.L. 2008, ch. 25 declared an emergency. Approved February 21, 2008.

§ 4-102. State publication furnished law library.

A copy of each law, pamphlet or other publication hereafter made by or under authority of the state, or any of its agencies, shall be sent to the state law library.

History.

1925, ch. 86, § 2, p. 120; I.C.A.,§ 4-102; am. 1951, ch. 87, § 2, p. 157.

§ 4-103. Control of the state law library.

The justices of the Supreme Court shall have the control and management of the state law library and shall make such rules and regulations respecting the same as they may deem best. They shall appoint librarians therefor and fix their compensation and the amount of bond required in case they deem bond should be given. Said justices may dispose of superfluous or duplicate publications or other property of said law library, by sale or otherwise as they may deem to be in the public interest. Any moneys so received shall be paid to the state treasurer and apportioned to the general fund.

History.

1925, ch. 86, § 3, p. 120; I.C.A.,§ 4-103; am. 1951, ch. 87, § 3, p. 157.

§ 4-104. State law library fund. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised 1925, ch. 86, § 4, p. 120; am. 1927, ch. 187, § 1; I.C.A.,§ 4-104, was repealed by S.L. 1949, ch. 283, § 1.

§ 4-105. Disbursement of funds.

The justices of the Supreme Court shall have the management of all funds belonging to or appropriated for the use of the state law library, and expend and disburse the same for the benefit thereof, as, in their judgment may be best; and upon demand of said justices or any three (3) of them, the state controller shall draw his warrants upon the state treasurer to the extent of such sums as there may be in the treasurer’s hands belonging to or appropriated for the use of said state law library.

History.

1925, ch. 86, § 5, p. 120; am. 1927, ch. 187, § 2, p. 250; I.C.A.,§ 4-105; am. 1951, ch. 87, § 4, p. 157; am. 1994, ch. 180, § 7, p. 420.

STATUTORY NOTES

Effective Dates.

Section 241 of S.L. 1994, ch. 180 provided that such act should become effective on and after the first Monday in January, 1995 [January 2, 1995] if the amendment to the Constitution of Idaho changing the name of the state auditor to state controller [1994 S.J.R. No. 109, p. 1493] was adopted at the general election held on November 8, 1994. Since such amendment was adopted, the amendment to this section by § 7 of S.L. 1994, ch. 180 became effective January 2, 1995.

§ 4-106. Appropriation of funds. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised 1925, ch. 86, § 6, p. 120; am. 1927, ch. 187, § 3; I.C.A.,§ 4-106, was repealed by S.L. 1949, ch. 283, § 4.

§ 4-107. Use and abuse of law library.

Any person may have access to and may use the books in the state law library under such restrictions as the justices of the Supreme Court may prescribe. Any person who shall violate any rule established for the management of the state law library may be denied the privileges thereof. Any person who shall wantonly mutilate or destroy any book or article of furniture, or any pamphlet or paper belonging to the state law library, shall be deemed guilty of a misdemeanor and shall be punished accordingly. Any person who fails to return to the state law library any book taken therefrom by him, within the time prescribed by the rules of said library, shall be liable to the librarian in three (3) times its value to be recovered in a civil action; and if such person be an officer or employee of the state, the same shall be withheld from his salary.

History.

1925, ch. 86, § 7, p. 120; I.C.A.,§ 4-107; am. 1951, ch. 87, § 5, p. 157.

STATUTORY NOTES

Cross References.

Penalty for misdemeanor where none prescribed,§ 18-113.

Compiler’s Notes.

Section 6 of S.L. 1951, ch. 87, read: “The law libraries presently established at Lewiston and Pocatello are hereby abolished and the justices of the supreme court are hereby authorized and directed to donate and transfer without delay the books, bookcases, shelving and personal property in the law library at Lewiston to the county of Nez Perce, state of Idaho, for the use and benefit of said county, the courts, and the practicing attorneys; said library when so transferred to be maintained by said county at no expense to the state of Idaho. The justices of the supreme court are also authorized and directed to donate and transfer without delay the books, bookcases, shelving and personal property in the law library at Pocatello, county of Bannock, state of Idaho, for the use of and benefit of said county, the courts and the practicing attorneys; said library to be maintained by said county at no cost or expense to the state of Idaho.”

Section 7 of S.L. 1951, ch. 87, read: “Upon effecting the donation and transfer of the books, bookcases, shelving and personal property as hereinabove provided by section 6 of this act, the court shall notify the governor of the state of Idaho. Thereafter the governor is authorized and directed by proper conveyance to donate to the county of Nez Perce, on behalf of the state of Idaho, the building and the real property upon which it is situated in the city of Lewiston, county of Nez Perce, state of Idaho, more particularly described as follows, to-wit: A lot in the southwest corner of lot three (3) of acres as shown upon the plot of True’s survey of said city, in the recorder’s office of said county, ninety (90) feet wide and one hundred and fifty (150) feet long. The lot to be conveyed fronting west on the east side of Fifth street ninety (90) feet and south on the north side of G street one hundred and fifty (150) feet. Upon effecting the conveyance to the county of Nez Perce, the state of Idaho shall be put to no further cost or expense for the operation, maintenance or use of said building and real property.” «Title 4»•Ch. 1•«§ 4-107»

§ 4-107. Use and abuse of law library.

Any person may have access to and may use the books in the state law library under such restrictions as the justices of the Supreme Court may prescribe. Any person who shall violate any rule established for the management of the state law library may be denied the privileges thereof. Any person who shall wantonly mutilate or destroy any book or article of furniture, or any pamphlet or paper belonging to the state law library, shall be deemed guilty of a misdemeanor and shall be punished accordingly. Any person who fails to return to the state law library any book taken therefrom by him, within the time prescribed by the rules of said library, shall be liable to the librarian in three (3) times its value to be recovered in a civil action; and if such person be an officer or employee of the state, the same shall be withheld from his salary.

History.

1925, ch. 86, § 7, p. 120; I.C.A.,§ 4-107; am. 1951, ch. 87, § 5, p. 157.

STATUTORY NOTES

Cross References.

Penalty for misdemeanor where none prescribed,§ 18-113.

Compiler’s Notes.

Section 6 of S.L. 1951, ch. 87, read: “The law libraries presently established at Lewiston and Pocatello are hereby abolished and the justices of the supreme court are hereby authorized and directed to donate and transfer without delay the books, bookcases, shelving and personal property in the law library at Lewiston to the county of Nez Perce, state of Idaho, for the use and benefit of said county, the courts, and the practicing attorneys; said library when so transferred to be maintained by said county at no expense to the state of Idaho. The justices of the supreme court are also authorized and directed to donate and transfer without delay the books, bookcases, shelving and personal property in the law library at Pocatello, county of Bannock, state of Idaho, for the use of and benefit of said county, the courts and the practicing attorneys; said library to be maintained by said county at no cost or expense to the state of Idaho.”

Effective Dates.

Section 7 of S.L. 1951, ch. 87, read: “Upon effecting the donation and transfer of the books, bookcases, shelving and personal property as hereinabove provided by section 6 of this act, the court shall notify the governor of the state of Idaho. Thereafter the governor is authorized and directed by proper conveyance to donate to the county of Nez Perce, on behalf of the state of Idaho, the building and the real property upon which it is situated in the city of Lewiston, county of Nez Perce, state of Idaho, more particularly described as follows, to-wit: A lot in the southwest corner of lot three (3) of acres as shown upon the plot of True’s survey of said city, in the recorder’s office of said county, ninety (90) feet wide and one hundred and fifty (150) feet long. The lot to be conveyed fronting west on the east side of Fifth street ninety (90) feet and south on the north side of G street one hundred and fifty (150) feet. Upon effecting the conveyance to the county of Nez Perce, the state of Idaho shall be put to no further cost or expense for the operation, maintenance or use of said building and real property.” Effective Dates.

Section 8 of S.L. 1951, ch. 87 provided such act should be in full force and effect on and after July 1, 1951.

§ 4-108. Names of new attorneys reported to state treasurer. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised 1925, ch. 86, § 8, p. 120; I.C.A.,§ 4-108, was repealed by S.L. 1949, ch. 283, § 5.