2007 Legislation
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HOUSE BILL NO. 62 – Public moneys, misuse


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Bill Status

H0062................................by JUDICIARY, RULES AND ADMINISTRATION
PUBLIC FUNDS - Amends existing law to revise provisions applicable to the
misuse of public money by officers.
01/26    House intro - 1st rdg - to printing
01/29    Rpt prt - to Jud
02/02    Rpt out - rec d/p - to 2nd rdg
02/05    2nd rdg - to 3rd rdg
02/06    3rd rdg - FAILED - 25-44-1
      AYES -- Bedke, Bilbao, Black, Block, Bolz, Chadderdon, Clark, Crane,
      Edmunson, Henderson, Kren, Labrador, Lake, McGeachin, Moyle, Patrick,
      Raybould, Ring, Roberts, Shirley, Smith(24), Wills, Wood(27),
      Wood(35), Mr. Speaker
      NAYS -- Anderson, Andrus, Barrett, Bayer, Bell, Bock, Boe, Brackett,
      Bradford, Chavez, Chew, Collins, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Jaquet, Killen, King, LeFavour, Loertscher, Luker,
      Marriott, Mathews, Mortimer, Nielsen, Nonini, Pasley-Stuart, Pence,
      Ringo, Ruchti, Rusche, Sayler, Shepherd(2), Shepherd(8), Shively,
      Smith(30), Snodgrass, Stevenson, Thayn, Trail, Vander Woude
      Absent and excused -- Schaefer
    Floor Sponsor - Smith(24)
    Filed in Office of the Chief Clerk

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 62
  1                                        AN ACT
  4    Be It Enacted by the Legislature of the State of Idaho:
  5        SECTION 1.  That Section 18-5701, Idaho Code, be, and the same  is  hereby
  6    amended to read as follows:
  7        18-5701.  MISUSE OF PUBLIC MONEYS BY OFFICERS. Each officer of this state,
  8    or of any county, city, town or district of this state, and every other person
  9    charged  with  the  receipt,  safekeeping,  transfer or disbursement of public
 10    moneys, who:
 11        (1)  Without authority of law, appropriates the same public moneys or  any
 12    portion thereof to his own use, or to the use of another; or
 13        (2)  Loans  the  same public moneys or any portion thereof; or, having the
 14    possession or control of any public money, makes a profit out of, or uses  the
 15    same public moneys for any purpose not authorized by law; or
 16        (3)  Fails  to  keep  the  same public moneys in his possession until dis-
 17    bursed or paid out by authority of law when legally required to do so; or
 18        (4)  Deposits the same public moneys or any portion thereof in  any  bank,
 19    or  with  any banker or other person, otherwise than on special deposit, or as
 20    otherwise authorized by law; or
 21        (5)  Changes or converts public moneys or any portion  thereof  from  coin
 22    into currency, or from currency into coin or other currency, without authority
 23    of law; or
 24        (6)  Knowingly  keeps  any false account, or makes any false entry or era-
 25    sure in any account of or relating to the same public moneys; or
 26        (7)  Fraudulently alters, falsifies, conceals, destroys or obliterates any
 27    such account; or
 28        (8)  Willfully refuses or omits to pay over, on demand, any public  moneys
 29    in  his  hands,  upon the presentation of a draft, order or warrant drawn upon
 30    such moneys by competent authority; or
 31        (9)  Willfully omits to transfer the same public moneys when such transfer
 32    is required by law; or
 33        (10) Willfully omits or refuses to pay  over  to  any  officer  or  person
 34    authorized  by  law  to  receive  the  same  public  moneys, any public moneys
 35    received by him under any duty imposed by law so to pay over the same; or
 36        (11) Knowingly uses any financial transaction card, financial  transaction
 37    card  account number or credit account that is issued to or for the benefit of
 38    any public entity, office or agency to make any purchase, loan,  guarantee  or
 39    advance  of  moneys for any personal purpose or for any purpose other than for
 40    the use or benefit of the public entity, office or agency;
 41    Iis punishable by imprisonment in the state prison for not less than  one  (1)
 42    year nor more than ten (10) years, and is disqualified from holding any office
 43    in this state.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 16665

The purpose of the amendment to Idaho Code, Section 18-5701, is
to include all public officials that use public funds, not just
those officials with a clear statutory duty to keep public monies
safe.  The Idaho Court of Appeals recently interpreted the
current statute to only apply to public officials who are
specifically charged by law with the receipt, disbursement and
safe keeping of public money.  As a result, public officials who
misused public monies, but were not charged by law with the
receipt, disbursement and safe keeping of those monies could not
be punished under Idaho Code, Section 18-5701.  Because public
officials have a greater duty to make proper and legal use of
public funds as a result of the trust the public places in those
officials and because public officials have greater and more
frequent access to public funds, the misuse of public monies
merits a specific provision prohibiting the conduct and greater
penalty than ordinary theft.

                            FISCAL NOTE


Name:  Bill von Tagen, Attorney General's Office 
Phone: 334-4155

STATEMENT OF PURPOSE/FISCAL NOTE                            H 62