2003 Legislation
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HOUSE BILL NO. 146 – Sheriff revolving expense fund, use

HOUSE BILL NO. 146

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Daily Data Tracking History



H0146...................................by JUDICIARY, RULES AND ADMINISTRATION
SHERIFF'S REVOLVING EXPENSE FUND - Amends existing law to revise provisions
relating to a sheriff drawing certain expenses in advance; to provide for the
sheriff's revolving expense fund; to increase the maximum amount to be set
aside for the fund; and to revise provisions relating to the audit of certain
expenses of the sheriff by the board of county commissioners.
                                                                        
02/04    House intro - 1st rdg - to printing
02/05    Rpt prt - to Jud
02/12    Rpt out - rec d/p - to 2nd rdg
02/13    2nd rdg - to 3rd rdg
02/14    3rd rdg - PASSED - 63-0-7
      AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Black, Block, Boe,
      Bolz, Bradford, Campbell, Cannon, Clark, Crow, Cuddy, Deal, Denney,
      Douglas, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,
      Garrett, Harwood, Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langford,
      Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,
      Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
      Sali, Sayler, Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Barrett, Bieter, Collins, Eberle, Jones, Rydalch,
      Wood
    Floor Sponsor - Smith(24)
    Title apvd - to Senate
02/17    Senate intro - 1st rdg - to Loc Gov
02/25    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
03/03    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
      Hill, Inram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Gannon
    Title apvd - to House
03/04    To enrol
03/05    Rpt enrol - Sp signed
03/06    Pres signed
03/07    To Governor
03/11    Governor signed
         Session Law Chapter 40
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 146
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE SHERIFF'S REVOLVING TRAVEL  FUND;  AMENDING  THE  HEADING  FOR
  3        CHAPTER 18, TITLE 31, IDAHO CODE; AMENDING SECTION 31-1801, IDAHO CODE, TO
  4        REVISE  PROVISIONS  RELATING  TO  A  SHERIFF  DRAWING  CERTAIN EXPENSES IN
  5        ADVANCE;  AMENDING  SECTION  31-1802,  IDAHO  CODE,  TO  PROVIDE  FOR  THE
  6        SHERIFF'S REVOLVING EXPENSE FUND AND TO INCREASE THE MAXIMUM AMOUNT TO  BE
  7        SET  ASIDE  FOR  THE FUND AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING
  8        SECTION 31-1803, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE AUDIT OF
  9        CERTAIN EXPENSES OF THE SHERIFF BY THE BOARD OF COUNTY  COMMISSIONERS  AND
 10        TO MAKE TECHNICAL CORRECTIONS.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION 1.  That the heading for Chapter 18, Title 31, Idaho Code, be, and
 13    the same is hereby amended to read as follows:
                                                                        
 14                                      CHAPTER 18
 15                       SHERIFF'S REVOLVING TRAVEL EXPENSE FUND
                                                                        
 16        SECTION  2.  That  Section 31-1801, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
                                                                        
 18        31-1801.  DRAWING TRAVELING EXPENSES IN ADVANCE. In  each  instance  where
 19    the duties of the sheriff of any county require him, in his official capacity,
 20    to  incur  traveling  and  hotel expenses, training, or any duty requiring the
 21    need of a warrant, for himself or his deputies, he may, prior to the incurring
 22    thereof, make demand on the county auditor for a warrant on the  county  trea-
 23    surer  and  shall  receive  a sum not to exceed the amount set aside under the
 24    provisions of section 31-1802, Idaho Code, to  be  used  for  the  purpose  of
 25    defraying  the whole or a part of said traveling and hotel expenses, training,
 26    or any duty requiring the need of a warrant. At the time demand is made on the
 27    county auditor for said warrant it shall be the duty of the  sheriff  to  file
 28    with  the auditor a statement specifying the general purpose for which the sum
 29    to be withdrawn is to be used.
                                                                        
 30        SECTION 3.  That Section 31-1802, Idaho Code, be, and the same  is  hereby
 31    amended to read as follows:
                                                                        
 32        31-1802.  SHERIFF'S  REVOLVING  TRAVELING EXPENSE FUND. There shall be set
 33    aside by the board of county commissioners of each county upon the request  of
 34    the sheriff thereof by order entered in their minutes a sum not exceeding five
 35    ten  thousand  dollars  ($510,000),  to  be  known as the "Sheriff's Revolving
 36    Travel Expense Fund," in this act chapter referred to  as  the  fund,  out  of
 37    which fund any warrants drawn under the provision of this act chapter shall be
 38    paid.  The  amount  set  aside  for  such fund shall be charged by the auditor
 39    against the sheriff and the board of county commissioners may require  of  the
                                                                        
                                           2
                                                                        
  1    sheriff,  a  bond,  in addition to his official bond, in such sum as the board
  2    may determine, to secure the repayment of such sum or sums withdrawn. The fund
  3    so set aside shall remain in the county treasury  subject  to  withdrawal  and
  4    reimbursement as herein provided.
                                                                        
  5        SECTION  4.  That  Section 31-1803, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        31-1803.  AUDIT AND ALLOWANCE OF ACCOUNT FUND -- REPAYMENT  OF  DISALLOWED
  8    AMOUNT. After the performance of the duty, which necessitated the incurring of
  9    traveling  and  hotel  expenses, training, or any duty requiring the need of a
 10    warrant, and the withdrawal of money, has been made, as in  this  act  chapter
 11    provided, the board of county commissioners may require the sheriff to present
 12    his  itemized  claim  for  such traveling and hotel expenses, training, or any
 13    duty requiring the need of a warrant, as other claims  are  presented  to  the
 14    board  of  county commissioners, which body shall audit said claims for allow-
 15    ance or rejection. For those items allowed it shall be the duty of  the  board
 16    of  county commissioners to order a warrant drawn, payable to the county trea-
 17    surer for the total amount of the items allowed, which warrant shall be deliv-
 18    ered to the county auditor. If any item of said claim is disallowed, the sher-
 19    iff shall deposit with the county auditor an amount equal to the amount disal-
 20    lowed, together with any unexpended portion of the  amounts  withdrawn,  which
 21    amounts,  together with the warrant drawn in favor of the county treasurer for
 22    the amount of items allowed, shall be credited by the county  auditor  to  the
 23    sheriff  and  shall  be  deposited  by  the auditor in the county treasury and
 24    placed to the credit of the fund.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                                 
                                             RS 12684
                                 
                                 
                                    The sheriff s revolving fund allows the sheriff to obtain
    money from the county clerk for travel and hotel expenses in a
    more streamlined fashion than through the normal county claims
    process. The money ultimately comes from the sheriff s budget
    and must be replenished from the sheriff s budget which is set
    by the county commissioners. The purpose of this bill is to
    expand the amount of money held in the sheriff s revolving fund
    from $5,000 to $10,000 and to allow the sheriff to use the
    revolving fund for training purposes and for other duties such
    as transportation of prisoners. Because the revolving fund is
    replenished from the sheriff s budget, it will not affect local
    property taxes in any way.
    
    
    
    
    
                            FISCAL IMPACT
                                 
                                    This bill will have no fiscal impact on the general fund.
    
    
    
                            CONTACT:    Michael J. Kane(Phone 342-4545) 
                         Idaho Sheriffs Association
                        
                        
                STATEMENT OF PURPOSE/FISCAL NOTE                      H 146