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S1339aa,aaH..........................................by JUDICIARY AND RULES
PUBLIC MONEYS - MISUSE - Amends existing law (trailer bill to Senate Bill
No. 1349) to provide that under certain circumstances persons found guilty
of misuse of public funds may be ordered to apply for distribution of
retirement moneys in order to make restitution.
01/24 Senate intro - 1st rdg - to printing
01/25 Rpt prt - to Jud
02/04 Rpt out - to 14th Ord
02/12 Rpt out amen - to engros
02/13 Rpt engros - 1st rdg - to 2nd rdg as amen
02/14 2nd rdg - to 3rd rdg as amen
02/19 3rd rdg as amen - PASSED - 29-3-3
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Darrington, Geddes, Goedde, Hammond, Heinrich, Hill,
Kelly, Keough, Langhorst, Little, Lodge, Malepeai(Sagness), McGee,
McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner,
Werk
NAYS -- Davis, Fulcher, Jorgenson
Absent and excused -- Corder, Gannon, Stennett
Floor Sponsor - Kelly
Title apvd - to House
02/20 House intro - 1st rdg - to Jud
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/03 To Gen Ord
03/04 Rpt out amen - to 1st rdg as amen
03/05 1st rdg - to 2nd rdg as amen
03/06 2nd rdg - to 3rd rdg as amen
03/12 3rd rdg as amen - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Ringo, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
Thomas, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Moyle, Roberts
Floor Sponsor - McGeachin
Title apvd - to Senate
03/13 Senate concurred in House amens - to engros
Rpt engros - 1st rdg - to 2nd rdg as amen
03/14 2nd rdg - to 3rd rdg as amen
03/18 3rd rdg as amen - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Pearce
Floor Sponsor - Kelly
Title apvd - to enrol
03/19 Rpt enrol - Pres signed
03/20 Sp signed
03/21 To Governor
03/25 Governor signed
Session Law Chapter 238
Effective: 03/25/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1339 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO MISUSE OF PUBLIC FUNDS; AMENDING SECTION 18-5702, IDAHO CODE, AS 3 AMENDED BY SECTION 2, SENATE BILL NO. 1275, AS ENACTED BY THE SECOND REGU- 4 LAR SESSION OF THE FIFTY-NINTH IDAHO LEGISLATURE, TO PROVIDE THAT UNDER 5 CERTAIN CIRCUMSTANCES PUBLIC OFFICERS AND PUBLIC EMPLOYEES FOUND GUILTY OF 6 MISUSE OF PUBLIC MONEYS MAY BE ORDERED TO CASH IN RETIREMENT MONEYS IN 7 ORDER TO MAKE RESTITUTION; AND DECLARING AN EMERGENCY. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 18-5702, Idaho Code, as amended by Section 2, 10 Senate Bill No. 1275, as enacted by the Second Regular Session of the 11 Fifty-ninth Idaho Legislature, be, and the same is hereby amended to read as 12 follows: 13 18-5702. GRADING AND PUNISHMENT FOR MISUSE OF FUNDS. (1) Any public 14 employee who is not charged with the receipt, safekeeping or disbursement of 15 public moneys and who misuses public moneys in violation of section 18-5701, 16 Idaho Code, is guilty of a misdemeanor punishable by a fine not exceeding one 17 thousand dollars ($1,000), or by imprisonment in the county jail not exceeding 18 one (1) year, or by both, if the amount of public moneys misused is less than 19 three hundred dollars ($300). 20 (2) Any public officer or public employee charged with the receipt, safe- 21 keeping or disbursement of public moneys, who misuses public moneys in viola- 22 tion of section 18-5701, Idaho Code, is guilty of a felony punishable by a 23 fine not exceeding five thousand dollars ($5,000), or by imprisonment in the 24 state prison for not more than five (5) years, or by both, if the amount of 25 public moneys misused is less than three hundred dollars ($300). 26 (3) Except as otherwise provided in subsections (1) and (2) of this sec- 27 tion, any public officer or public employee who misuses public moneys in 28 violation of section 18-5701, Idaho Code, is guilty of a felony punishable by 29 a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the 30 state prison for not less than one (1) year nor more than fourteen (14) years 31 or both. 32 (4) (a) When any series of violations of section 18-5701, Idaho Code, 33 comprised of separate incidents of misuse of public moneys in amounts less 34 than three hundred dollars ($300) are part of a common scheme or plan, the 35 incidents may be aggregated in one (1) count and the sum of the value of 36 all of the incidents shall be the value considered in determining whether 37 the amount exceeds three hundred dollars ($300). 38 (b) Any public officer or public employee who pleads guilty to or is 39 found guilty of a violation of section 18-5701, Idaho Code, more than one 40 (1) time, irrespective of the form of the judgment(s) or withheld 41 judgment(s), and who would otherwise be subject to a lesser punishment 42 under subsection (1) or (2) of this section is guilty of a felony punish- 43 able as provided in subsection (3) of this section. 2 1 (5) In addition to any penalty imposed in this section, any public offi- 2 cer or public employee who pleads guilty to or is found guilty of a violation 3 of section 18-5701, Idaho Code, irrespective of the form of the judgment(s) or 4 withheld judgment(s) shall: 5 (a) Be terminated for cause from the public office or employment subject 6 to any procedures applicable to such termination; and 7 (b) Make restitution of any public moneys misused, and any profits made 8 therefrom as ordered by the court; and 9 (c) Notwithstanding section 18-310, Idaho Code, and except as otherwise 10 provided by law, be disqualified from holding any position as a public 11 officer or public employee if such position is charged with the receipt, 12 safekeeping or disbursement of public moneys; and 13 (d) In the discretion of the court, be ordered to cash in any retirement 14 moneys held by any entity on behalf of the person, in order that such 15 moneys shall be used to make restitution to the public entity or its 16 insurer, unless other funds are otherwise available. 17 SECTION 2. An emergency existing therefor, which emergency is hereby 18 declared to exist, this act shall be in full force and effect on and after its 19 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by McGeachin Seconded by Smith (26) IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO S.B. NO. 1339, AS AMENDED 1 AMENDMENTS TO SECTION 1 2 On page 1 of the engrossed bill, in line 11, delete "1275" and insert: 3 "1349"; and delete lines 14 through 43; and on page 2, delete lines 1 through 4 18 and insert: 5 "18-5702. GRADING AND PUNISHMENT FOR MISUSE OF FUNDS. (1) Any public 6 employee who is not charged with the receipt, safekeeping or disbursement of 7 public moneys and who misuses public moneys in violation of section 18-5701, 8 Idaho Code, is guilty of a misdemeanor punishable by a fine not exceeding one 9 thousand dollars ($1,000), or by imprisonment in the county jail not exceeding 10 one (1) year, or by both, if the amount of public moneys misused is less than 11 three hundred dollars ($300). 12 (2) Any public officer or public employee charged with the receipt, safe- 13 keeping or disbursement of public moneys, who misuses public moneys in viola- 14 tion of section 18-5701, Idaho Code, is guilty of a felony punishable by a 15 fine not exceeding five thousand dollars ($5,000), or by imprisonment in the 16 state prison for not more than five (5) years, or by both, if the amount of 17 public moneys misused is less than three hundred dollars ($300). 18 (3) Except as otherwise provided in subsections (1) and (2) of this sec- 19 tion, any public officer or public employee who misuses public moneys in 20 violation of section 18-5701, Idaho Code, is guilty of a felony punishable by 21 a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the 22 state prison for not less than one (1) year nor more than fourteen (14) years, 23 or by both. 24 (4) (a) When any series of violations of section 18-5701, Idaho Code, 25 comprised of separate incidents of misuse of public moneys in amounts less 26 than three hundred dollars ($300) are part of a common scheme or plan, the 27 incidents may be aggregated in one (1) count and the sum of the value of 28 all of the incidents shall be the value considered in determining whether 29 the amount exceeds three hundred dollars ($300). 30 (b) Any public officer or public employee who pleads guilty to or is 31 found guilty of a violation of section 18-5701, Idaho Code, more than one 32 (1) time, irrespective of the form of the judgment(s) or withheld 33 judgment(s), and who would otherwise be subject to a lesser punishment 34 under subsection (1) or (2) of this section is guilty of a felony punish- 35 able as provided in subsection (3) of this section. 36 (5) In addition to any penalty imposed in this section, any public offi- 37 cer or public employee who pleads guilty to or is found guilty of a violation 38 of section 18-5701, Idaho Code, irrespective of the form of the judgment(s) or 39 withheld judgment(s) shall: 40 (a) Be terminated for cause from the public office or employment subject 41 to any procedures applicable to such termination; and 42 (b) Make restitution of any public moneys misused, and any profits made 2 1 therefrom, as ordered by the court; and 2 (c) Notwithstanding section 18-310, Idaho Code, and except as otherwise 3 provided by law, be disqualified from holding any position as a public 4 officer or public employee if such position is charged with the receipt, 5 safekeeping or disbursement of public moneys; and 6 (d) In the discretion of the court, and unless otherwise prohibited by 7 law, be ordered to apply for distribution of any retirement moneys held by 8 any entity on behalf of the person, in order that such moneys shall be 9 used to make restitution to the public entity or its insurer, unless other 10 funds are otherwise available.". 11 CORRECTION TO TITLE 12 On page 1, in line 3, delete "1275" and insert: "1349". 3 Moved by Darrington Seconded by Hill IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1339 1 AMENDMENT TO SECTION 1 2 On page 2 of the printed bill, in line 13, following "court," insert: "and 3 unless otherwise prohibited by law,"; and also in line 13, delete "cash in" 4 and insert: "apply for distribution of". 5 CORRECTION TO TITLE 6 On page 1, in line 6 delete "CASH IN" and insert: "APPLY FOR DISTRIBUTION 7 OF".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1339, As Amended, As Amended in the House BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO MISUSE OF PUBLIC FUNDS; AMENDING SECTION 18-5702, IDAHO CODE, AS 3 AMENDED BY SECTION 2, SENATE BILL NO. 1349, AS ENACTED BY THE SECOND REGU- 4 LAR SESSION OF THE FIFTY-NINTH IDAHO LEGISLATURE, TO PROVIDE THAT UNDER 5 CERTAIN CIRCUMSTANCES PUBLIC OFFICERS AND PUBLIC EMPLOYEES FOUND GUILTY OF 6 MISUSE OF PUBLIC MONEYS MAY BE ORDERED TO APPLY FOR DISTRIBUTION OF 7 RETIREMENT MONEYS IN ORDER TO MAKE RESTITUTION; AND DECLARING AN EMER- 8 GENCY. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 18-5702, Idaho Code, as amended by Section 2, 11 Senate Bill No. 1349, as enacted by the Second Regular Session of the 12 Fifty-ninth Idaho Legislature, be, and the same is hereby amended to read as 13 follows: 14 18-5702. GRADING AND PUNISHMENT FOR MISUSE OF FUNDS. (1) Any public 15 employee who is not charged with the receipt, safekeeping or disbursement of 16 public moneys and who misuses public moneys in violation of section 18-5701, 17 Idaho Code, is guilty of a misdemeanor punishable by a fine not exceeding one 18 thousand dollars ($1,000), or by imprisonment in the county jail not exceeding 19 one (1) year, or by both, if the amount of public moneys misused is less than 20 three hundred dollars ($300). 21 (2) Any public officer or public employee charged with the receipt, safe- 22 keeping or disbursement of public moneys, who misuses public moneys in viola- 23 tion of section 18-5701, Idaho Code, is guilty of a felony punishable by a 24 fine not exceeding five thousand dollars ($5,000), or by imprisonment in the 25 state prison for not more than five (5) years, or by both, if the amount of 26 public moneys misused is less than three hundred dollars ($300). 27 (3) Except as otherwise provided in subsections (1) and (2) of this sec- 28 tion, any public officer or public employee who misuses public moneys in 29 violation of section 18-5701, Idaho Code, is guilty of a felony punishable by 30 a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the 31 state prison for not less than one (1) year nor more than fourteen (14) years, 32 or by both. 33 (4) (a) When any series of violations of section 18-5701, Idaho Code, 34 comprised of separate incidents of misuse of public moneys in amounts less 35 than three hundred dollars ($300) are part of a common scheme or plan, the 36 incidents may be aggregated in one (1) count and the sum of the value of 37 all of the incidents shall be the value considered in determining whether 38 the amount exceeds three hundred dollars ($300). 39 (b) Any public officer or public employee who pleads guilty to or is 40 found guilty of a violation of section 18-5701, Idaho Code, more than one 41 (1) time, irrespective of the form of the judgment(s) or withheld 42 judgment(s), and who would otherwise be subject to a lesser punishment 43 under subsection (1) or (2) of this section is guilty of a felony punish- 2 1 able as provided in subsection (3) of this section. 2 (5) In addition to any penalty imposed in this section, any public offi- 3 cer or public employee who pleads guilty to or is found guilty of a violation 4 of section 18-5701, Idaho Code, irrespective of the form of the judgment(s) or 5 withheld judgment(s) shall: 6 (a) Be terminated for cause from the public office or employment subject 7 to any procedures applicable to such termination; and 8 (b) Make restitution of any public moneys misused, and any profits made 9 therefrom, as ordered by the court; and 10 (c) Notwithstanding section 18-310, Idaho Code, and except as otherwise 11 provided by law, be disqualified from holding any position as a public 12 officer or public employee if such position is charged with the receipt, 13 safekeeping or disbursement of public moneys; and 14 (d) In the discretion of the court, and unless otherwise prohibited by 15 law, be ordered to apply for distribution of any retirement moneys held by 16 any entity on behalf of the person, in order that such moneys shall be 17 used to make restitution to the public entity or its insurer, unless other 18 funds are otherwise available. 19 SECTION 2. An emergency existing therefor, which emergency is hereby 20 declared to exist, this act shall be in full force and effect on and after its 21 passage and approval. 3 IN THE SENATE SENATE BILL NO. 1339, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO MISUSE OF PUBLIC FUNDS; AMENDING SECTION 18-5702, IDAHO CODE, AS 3 AMENDED BY SECTION 2, SENATE BILL NO. 1275, AS ENACTED BY THE SECOND REGU- 4 LAR SESSION OF THE FIFTY-NINTH IDAHO LEGISLATURE, TO PROVIDE THAT UNDER 5 CERTAIN CIRCUMSTANCES PUBLIC OFFICERS AND PUBLIC EMPLOYEES FOUND GUILTY OF 6 MISUSE OF PUBLIC MONEYS MAY BE ORDERED TO APPLY FOR DISTRIBUTION OF 7 RETIREMENT MONEYS IN ORDER TO MAKE RESTITUTION; AND DECLARING AN EMER- 8 GENCY. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 3. That Section 18-5702, Idaho Code, as amended by Section 2, 11 Senate Bill No. 1275, as enacted by the Second Regular Session of the 12 Fifty-ninth Idaho Legislature, be, and the same is hereby amended to read as 13 follows: 14 18-5702. GRADING AND PUNISHMENT FOR MISUSE OF FUNDS. (1) Any public 15 employee who is not charged with the receipt, safekeeping or disbursement of 16 public moneys and who misuses public moneys in violation of section 18-5701, 17 Idaho Code, is guilty of a misdemeanor punishable by a fine not exceeding one 18 thousand dollars ($1,000), or by imprisonment in the county jail not exceeding 19 one (1) year, or by both, if the amount of public moneys misused is less than 20 three hundred dollars ($300). 21 (2) Any public officer or public employee charged with the receipt, safe- 22 keeping or disbursement of public moneys, who misuses public moneys in viola- 23 tion of section 18-5701, Idaho Code, is guilty of a felony punishable by a 24 fine not exceeding five thousand dollars ($5,000), or by imprisonment in the 25 state prison for not more than five (5) years, or by both, if the amount of 26 public moneys misused is less than three hundred dollars ($300). 27 (3) Except as otherwise provided in subsections (1) and (2) of this sec- 28 tion, any public officer or public employee who misuses public moneys in 29 violation of section 18-5701, Idaho Code, is guilty of a felony punishable by 30 a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the 31 state prison for not less than one (1) year nor more than fourteen (14) years 32 or both. 33 (4) (a) When any series of violations of section 18-5701, Idaho Code, 34 comprised of separate incidents of misuse of public moneys in amounts less 35 than three hundred dollars ($300) are part of a common scheme or plan, the 36 incidents may be aggregated in one (1) count and the sum of the value of 37 all of the incidents shall be the value considered in determining whether 38 the amount exceeds three hundred dollars ($300). 39 (b) Any public officer or public employee who pleads guilty to or is 40 found guilty of a violation of section 18-5701, Idaho Code, more than one 41 (1) time, irrespective of the form of the judgment(s) or withheld 42 judgment(s), and who would otherwise be subject to a lesser punishment 43 under subsection (1) or (2) of this section is guilty of a felony punish- 44 able as provided in subsection (3) of this section. 45 (5) In addition to any penalty imposed in this section, any public offi- 46 cer or public employee who pleads guilty to or is found guilty of a violation 4 1 of section 18-5701, Idaho Code, irrespective of the form of the judgment(s) or 2 withheld judgment(s) shall: 3 (a) Be terminated for cause from the public office or employment subject 4 to any procedures applicable to such termination; and 5 (b) Make restitution of any public moneys misused, and any profits made 6 therefrom as ordered by the court; and 7 (c) Notwithstanding section 18-310, Idaho Code, and except as otherwise 8 provided by law, be disqualified from holding any position as a public 9 officer or public employee if such position is charged with the receipt, 10 safekeeping or disbursement of public moneys; and 11 (d) In the discretion of the court, and unless otherwise prohibited by 12 law, be ordered to apply for distribution of any retirement moneys held by 13 any entity on behalf of the person, in order that such moneys shall be 14 used to make restitution to the public entity or its insurer, unless other 15 funds are otherwise available. 16 SECTION 4. An emergency existing therefor, which emergency is hereby 17 declared to exist, this act shall be in full force and effect on and after its 18 passage and approval.
STATEMENT OF PURPOSE
RS 17646
The purpose of this bill is to authorize a sentencing court to
order a person found guilty of misuse of public funds to make
restitution to a public entity or its insurer and authorizes the
court, in its discretion, to order the person to use his or her
retirement funds to make restitution, unless other funds are
available.
FISCAL NOTE
There will be no impact on the general fund of the state as a
result of this bill.
Contact
Name: Michael J. Kane , Idaho Sheriffs Association
Phone: 342-4545
STATEMENT OF PURPOSE/FISCAL NOTE S 1339