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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
|||| 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
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