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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 62 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC FUNDS; AMENDING SECTION 18-5701, IDAHO CODE, TO REVISE PRO- 3 VISIONS APPLICABLE TO THE MISUSE OF PUBLIC MONEYS BY OFFICERS. 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 public10 moneys,who: 11 (1) Without authority of law, appropriates the samepublic moneys or any 12 portion thereof to his own use, or to the use of another; or 13 (2) Loans the samepublic moneys or any portion thereof; or, having the 14 possession or control of any public money, makes a profit out of, or uses the15 samepublic moneys for any purpose not authorized by law; or 16 (3) Fails to keep the samepublic 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 samepublic 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 samepublic 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 samepublic 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 samepublic 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 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 None. Contact Name: Bill von Tagen, Attorney General's Office Phone: 334-4155 STATEMENT OF PURPOSE/FISCAL NOTE H 62