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S1303................................................by JUDICIARY AND RULES
PUBLIC FINANCIAL INSTRUMENTS - Amends existing law to prohibit the misuse
of certain public financial instruments and devices; and to define terms.
01/24 Senate intro - 1st rdg - to printing
01/25 Rpt prt - to Jud
02/02 Rpt out - rec d/p - to 2nd rdg
02/03 2nd rdg - to 3rd rdg
02/06 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burtenshaw,
Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon,
Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Burkett
Floor Sponsor - Richardson
Title apvd - to House
02/07 House intro - 1st rdg - to Jud
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 64-0-6
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
Wills, Wood
NAYS -- None
Absent and excused -- Block, Boe, Crow, Field(18), Sali, Mr. Speaker
Floor Sponsor - Shirley
Title apvd - to Senate
03/14 To enrol
03/15 Rpt enrol - Pres signed
03/16 Sp signed
03/17 To Governor
03/22 Governor signed
Session Law Chapter 156
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1303
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO MISUSE OF PUBLIC FUNDS; AMENDING SECTION 18-5701, IDAHO CODE, TO
3 PROHIBIT THE MISUSE OF CERTAIN PUBLIC FINANCIAL INSTRUMENTS AND DEVICES,
4 TO MAKE A GRAMMATICAL CORRECTION AND TO MAKE TECHNICAL CORRECTIONS; AND
5 AMENDING SECTION 18-5703, IDAHO CODE, TO DEFINE TERMS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 18-5701, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 18-5701. MISUSE OF PUBLIC MONEY BY OFFICERS. Each officer of this state,
10 or of any county, city, town or district of this state, and every other person
11 charged with the receipt, safe keeping safekeeping, transfer or disbursement
12 of public moneys, who: either:
13 (1.) Without authority of law, appropriates the same or any portion
14 thereof to his own use, or to the use of another; or,
15 (2.) Loans the same or any portion thereof; or, having the possession or
16 control of any public money, makes a profit out of, or uses the same for any
17 purpose not authorized by law; or,
18 (3.) Fails to keep the same in his possession until disbursed or paid out
19 by authority of law; or,
20 (4.) Deposits the same or any portion thereof in any bank, or with any
21 banker or other person, otherwise than on special deposit, or as otherwise
22 authorized by law; or,
23 (5.) Changes or converts any portion thereof from coin into currency, or
24 from currency into coin or other currency, without authority of law; or,
25 (6.) Knowingly keeps any false account, or makes any false entry or era-
26 sure in any account of or relating to the same; or,
27 (7.) Fraudulently alters, falsifies, conceals, destroys or obliterates
28 any such account; or,
29 (8.) Wilfully Willfully refuses or omits to pay over, on demand, any pub-
30 lic moneys in his hands, upon the presentation of a draft, order or warrant
31 drawn upon such moneys by competent authority; or,
32 (9.) Wilfully Willfully omits to transfer the same when such transfer is
33 required by law; or,
34 (10.) Wilfully Willfully omits or refuses to pay over to any officer or
35 person authorized by law to receive the same, any money received by him under
36 any duty imposed by law so to pay over the same; or
37 (11) Knowingly uses any financial transaction card, financial transaction
38 card account number or credit account that is issued to or for the benefit of
39 any public entity, office or agency to make any purchase, loan, guarantee or
40 advance of moneys for any personal purpose or for any purpose other than for
41 the use or benefit of the public entity, office or agency;
42 Is punishable by imprisonment in the state prison for not less than one (1)
43 year nor more than ten (10) years, and is disqualified from holding any office
2
1 in this state.
2 SECTION 2. That Section 18-5703, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 18-5703. PUBLIC MONEYS DEFINED DEFINITIONS. The phrase "public As used in
5 this chapter:
6 (1) "Financial transaction card" means:
7 (a) Any instrument or device known as a credit card, credit plate, bank
8 services card, banking card, check guarantee card, debit card, telephone
9 credit card or by any other name issued by the issuer for the use of the
10 cardholder in obtaining money, goods, services or anything else of value
11 on credit, or in certifying or guaranteeing to a person or business the
12 availability to the cardholder of the funds on deposit that are equal to
13 or greater than the amount necessary to honor a draft or check payable to
14 the order of such a person or business; or
15 (b) Any instrument or device used in providing the cardholder access to a
16 demand deposit account or a time deposit account for the purpose of making
17 deposits of money or checks therein, or withdrawing funds in the form of
18 money, money orders, or traveler's checks or other representative of value
19 therefrom or transferring funds from any demand account or time deposit
20 account to any credit card account in full or partial satisfaction of any
21 outstanding balance existing therein.
22 (2) "Financial transaction card account number" means the account number
23 assigned by an issuer to a financial transaction card to identify and account
24 for transactions involving that financial transaction card.
25 (3) "Officer of this state, or any county, city, town or district of this
26 state" includes any public servant as defined in section 18-1351, Idaho Code.
27 (4) "Public moneys" as used in the two preceding sections includes all
28 bonds and evidences of indebtedness, and all moneys belonging to the state, or
29 any city, county, town or district therein, all financial transaction cards,
30 financial transaction card account numbers and credit accounts issued to or
31 for the benefit of the state or any city, county, town or district therein,
32 and all moneys, bonds and evidences of indebtedness received or held by state,
33 county, district, city or town officers in their official capacity.
STATEMENT OF PURPOSE
RS15613
This proposal is designed to clarify and update the Misuse of
Public Funds criminal provisions to include a prohibition of the
use of public agency financial transaction cards for personal
use. The Special Prosecutions Unit of the Office of Attorney
General handles most of the cases in the state that involve the
misuse of public funds. In an increasing number of cases, the
problems that public agencies are experiencing involve the use of
financial transaction cards by public employee for their personal
purposes. The current language in the Misuse of Public Funds
criminal provisions predated the existence and widespread use of
such cards and does not make it clear that the use of such cards
constitutes a use of public money. These amendments are designed
to clarify that misuse of these cards falls within the
prohibitions of the statute. The definitions adopted are
consistent with current code provisions in other chapters of
Title 18 defining financial transaction cards and public
officials.
FISCAL NOTE
This bill is intended to clarify existing law. There is no
fiscal impact.
Contact
Name: William A. von Tagen
Office of the Attorney General
Phone: 334-4140
STATEMENT OF PURPOSE / FISCAL NOTE S 1303