2006 Legislation
Print Friendly

SENATE BILL NO. 1303 – Public financial card, misuse


View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status

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

Bill Text

  ]]]]              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
  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
  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 / Fiscal Impact

                      STATEMENT OF PURPOSE

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
                          FISCAL NOTE

This bill is intended to clarify existing law.  There is no
fiscal impact.

Name: William A. von Tagen
Office of the Attorney General 
Phone: 334-4140

STATEMENT OF PURPOSE / FISCAL NOTE                         S 1303