View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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 - 2006IN 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 keepingsafekeeping, 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.)WilfullyWillfully 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.)WilfullyWillfully omits to transfer the same when such transfer is 33 required by law; or,34 (10.)WilfullyWillfully 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 DEFINEDDEFINITIONS.The phrase "publicAs 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 sectionsincludes 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