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S1409aa..............................................by JUDICIARY AND RULES SENIOR MAGISTRATE JUDGES FUND - Adds to and amends existing law relating to the courts to establish the Senior Magistrate Judges Fund to enable the Idaho Supreme Court to purchase membership service in the Public Employee Retirement System of Idaho for certain retiring magistrate judges; to authorize the Idaho Supreme Court to adopt rules; to provide for the accumulation and investment of moneys in the fund; to increase court fees; to provide for the deposit of fees into the senior magistrate judges fund; and to provide application. 02/20 Senate intro - 1st rdg - to printing 02/21 Rpt prt - to Jud 02/28 Rpt out - to 14th Ord Rpt out amen - to engros 03/01 Rpt engros - 1st rdg - to 2nd rdg as amen 03/02 2nd rdg - to 3rd rdg as amen 03/07 3rd rdg as amen - PASSED - 34-0-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, 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 -- Burtenshaw Floor Sponsor - Darrington Title apvd - to House 03/08 House intro - 1st rdg - to Jud 03/14 Rpt out - rec d/p - to 2nd rdg 03/15 2nd rdg - to 3rd rdg 03/23 3rd rdg - PASSED - 47-21-2 AYES -- Anderson, Bastian, Bell, Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Deal, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Hart, Henderson, Jaquet, Kemp, LeFavour, Martinez, McGeachin, Miller, Mitchell, Nielsen, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2), Shirley, Skippen, Smith(30), Smith(24), Snodgrass, Trail, Wills, Mr. Speaker NAYS -- Andrus, Barraclough, Barrett, Bayer, Bedke, Crow, Garrett, Harwood, Henbest, Lake, Loertscher, Mathews, McKague, Moyle, Nonini, Roberts, Sali, Shepherd(8), Smylie, Stevenson, Wood Absent and excused -- Black, Denney Floor Sponsor - Clark Title apvd - to Senate 03/24 To enrol 03/27 Rpt enrol - Pres signed 03/28 Sp signed 03/29 To Governor 03/30 Governor signed Session Law Chapter 267 Effective: 07/01/06 for all full-time magistrates retiring on or after 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1409 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO COURTS; AMENDING CHAPTER 22, TITLE 1, IDAHO CODE, BY THE ADDITION 3 OF A NEW SECTION 1-2224, IDAHO CODE, TO ESTABLISH THE SENIOR MAGISTRATE 4 JUDGES FUND TO ENABLE THE IDAHO SUPREME COURT TO PURCHASE MEMBERSHIP SER- 5 VICE IN THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO FOR CERTAIN RETIR- 6 ING MAGISTRATE JUDGES, TO AUTHORIZE THE IDAHO SUPREME COURT TO ADOPT RULES 7 AND TO PROVIDE FOR THE ACCUMULATION AND INVESTMENT OF MONEYS IN THE FUND; 8 AMENDING SECTION 31-3201A, IDAHO CODE, TO INCREASE COURT FEES AND TO PRO- 9 VIDE FOR THE DEPOSIT OF FEES; PROVIDING AN EFFECTIVE DATE AND PROVIDING 10 APPLICATION. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Chapter 22, Title 1, Idaho Code, be, and the same is 13 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 14 ignated as Section 1-2224, Idaho Code, and to read as follows: 15 1-2224. SENIOR MAGISTRATE JUDGES FUND. (1) There is hereby created in the 16 office of the state treasurer, separate and apart from other funds of the 17 state, a dedicated fund to be known as the senior magistrate judges fund. 18 Moneys deposited into the fund pursuant to section 31-3201A, Idaho Code, 19 shall, subject to appropriation, be used by the Idaho supreme court to pur- 20 chase up to a maximum of forty-eight (48) months of membership service in the 21 public employee retirement system of Idaho under section 59-1363, Idaho Code, 22 for retiring magistrate judges of the district court who hold office under the 23 provisions of chapter 22, title 1, Idaho Code, at the time of their retire- 24 ment. The supreme court's purchase of membership service in the public 25 employee retirement system of Idaho under this section shall also be 26 restricted by any applicable purchase limits established by the public 27 employee retirement system of Idaho or by the United States internal revenue 28 service relating to a person's three (3) year average salary at the time of 29 retirement. 30 (2) The actual number of months of membership service the supreme court 31 may purchase on behalf of a person shall be based upon the period of full-time 32 service provided to the judicial department by that person prior to retirement 33 and the person's willingness to perform service as a senior judge if he or she 34 is designated a senior judge by the supreme court pursuant to section 1-2005 35 or 1-2221, Idaho Code. 36 (3) The supreme court may adopt rules for the application and implementa- 37 tion of subsections (1) and (2) of this section including, but not limited to, 38 establishing eligibility requirements and a formula, criteria and procedures 39 for determining the number of months of membership service the court will pur- 40 chase on behalf of a person. 41 (4) Moneys deposited into the fund may be allowed to accumulate from year 42 to year for the purposes set forth in this section, and all interest earned on 43 the investment of idle moneys in the fund by the state treasurer shall be 2 1 returned to the fund. 2 SECTION 2. That Section 31-3201A, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 31-3201A. COURT FEES. The clerk of the district court in addition to the 5 fees and charges imposed by chapter 20, title 1, Idaho Code, and in addition 6 to the fee levied by chapter 2, title 73, Idaho Code, shall charge, demand and 7 receive the following fees for services rendered by him in discharging the 8 duties imposed upon him by law; 9 (a) A fee offorty-fourfifty dollars ($4450.00) for filing a civil case 10 of any type in the district court or in the magistrate's division of the dis- 11 trict court including cases involving the administration of decedents' 12 estates, whether testate or intestate, and conservatorships of the person or 13 of the estate or both with the following exceptions: 14 The filing fee shall be twenty-twoeight dollars ($228.00) in each case 15 where the amount of money or damages or the value of personal property claimed 16 does not exceed three hundred dollars ($300). The filing fee shall betwenty-17fourthirty dollars ($2430.00) in the following types of cases: 18 (1) Where the amount of money or damages or the value of personal prop- 19 erty claimed exceeds three hundred dollars ($300) but does not exceed one 20 thousand dollars ($1,000); 21 (2) Where a case is brought for forcible or unlawful entry or detainer 22 whether brought for rent or possession or both and regardless of the 23 amount; 24 (3) Where a case is brought under chapter 20, title 16, Idaho Code, for 25 the termination of parent-child relationship; 26 (4) Where a case is brought under chapter 2, title 32, Idaho Code, for 27 permission to marry; 28 (5) Where a case involving the administration of a decedent's estate is 29 brought under the summary administration of small estates act; 30 (6) In cases where a court order is issued only for a certain specific 31 reason other than the administering of an estate, including, but not lim- 32 ited to, proceedings brought under sections 14-114, 15-514, 15-1401, 33 15-1518 and/or 15-1709, Idaho Code, or for some specific reason; 34 (7) In cases brought to determine heirship without administration; 35 (8) In cases brought to determine inheritance or transfer tax; 36 (9) In proceedings brought for adoption; 37 (10) In proceedings brought for letters of guardianship of the person or 38 of the estate or both. 39 No filing fee shall be charged in the following types of cases: 40 (1) In cases brought under chapter 3, title 66, Idaho Code, for commit- 41 ment of mentally ill persons; 42 (2) In cases brought under the juvenile corrections act; 43 (3) In cases brought under the child protective act. 44 In all cases in which a filing fee offorty-fourfifty dollars ($4450.00) 45 is paid, seventeen dollars ($17.00) of such filing fee shall be paid to the 46 county treasurer for deposit in the district court fund of the county; ten 47 dollars ($10.00) of such filing fee shall be paid to the county treasurer who 48 shall, within five (5) days after the end of the month, pay such fees to the 49 state treasurer for deposit into the ISTARS technology fund;andseventeen 50 dollars ($17.00) of such filing fee shall be paid to the county treasurer who 51 shall pay such fees to the state treasurer for deposit in accordance with sub- 52 section (p) of this section; and six dollars ($6.00) of such filing fee shall 53 be paid to the county treasurer who shall, within five (5) days after the end 3 1 of the month, pay such fees to the state treasurer for deposit in the senior 2 magistrate judges fund. In all cases in which a filing fee oftwenty-four3 thirty dollars ($2430.00) is paid, four dollars ($4.00) of such filing fee 4 shall be paid to the county treasurer for deposit in the district court fund 5 of the county; ten dollars ($10.00) of such filing fee shall be paid to the 6 county treasurer who shall, within five (5) days after the end of the month, 7 pay such fees to the state treasurer for deposit into the ISTARS technology 8 fund;andten dollars ($10.00) of such filing fee shall be paid to the county 9 treasurer who shall pay such fees to the state treasurer for deposit in accor- 10 dance with subsection (p) of this section; and six dollars ($6.00) of such 11 filing fee shall be paid to the county treasurer who shall, within five (5) 12 days after the end of the month, pay such fees to the state treasurer for 13 deposit in the senior magistrate judges fund. In all cases in which a filing 14 fee of twenty-twoeight dollars ($228.00) is paid, three dollars ($3.00) of 15 such filing fee shall be paid to the county treasurer for deposit in the dis- 16 trict court fund of the county; ten dollars ($10.00) of such filing fee shall 17 be paid to the county treasurer who shall, within five (5) days after the end 18 of the month, pay such fees to the state treasurer for deposit into the ISTARS 19 technology fund;andnine dollars ($9.00) of such filing fee shall be paid to 20 the county treasurer who shall pay such fees to the state treasurer for 21 deposit in accordance with subsection (p) of this section; and six dollars 22 ($6.00) of such filing fee shall be paid to the county treasurer who shall, 23 within five (5) days after the end of the month, pay such fees to the state 24 treasurer for deposit in the senior magistrate judges fund. 25 (b) A fee of seventeen dollars and fifty cents ($17.50) shall be paid, 26 but not in advance, by each person found guilty of any felony or misdemeanor, 27 except when the court orders such fee waived because the person is indigent 28 and unable to pay such fee. If the magistrate court facilities are provided by 29 the county, five dollars ($5.00) of such fee shall be paid to the county trea- 30 surer for deposit in the district court fund of the county; and twelve dollars 31 and fifty cents ($12.50) of such fee shall be paid to the county treasurer who 32 shall pay such fees to the state treasurer for deposit in accordance with sub- 33 section (p) of this section. If the magistrate court facilities are provided 34 by a city, five dollars ($5.00) of such fee shall be paid to the city trea- 35 surer for deposit in the city general fund, two dollars and fifty cents 36 ($2.50) of such fee shall be paid to the city treasurer for deposit in the 37 city capital facilities fund for the construction, remodeling and support of 38 magistrates court facilities, and ten dollars ($10.00) of such fee shall be 39 paid to the county treasurer who shall pay such fees to the state treasurer 40 for deposit in accordance with subsection (p) of this section. 41 (c) A fee of sixteen dollars and fifty cents ($16.50) shall be paid, but 42 not in advance, by each person found to have committed an infraction or any 43 minor traffic, conservation or ordinance violation; provided that the judge or 44 magistrate may in his or her discretion consolidate separate nonmoving traffic 45 offenses into one (1) offense for purposes of assessing such fee. If the mag- 46 istrate court facilities are provided by the county, five dollars ($5.00) of 47 such fee shall be paid to the county treasurer for deposit in the district 48 court fund of the county; and eleven dollars and fifty cents ($11.50) of such 49 fee shall be paid to the county treasurer, who shall pay such fees to the 50 state treasurer for deposit in accordance with subsection (p) of this section. 51 If the magistrate court facilities are provided by a city, five dollars 52 ($5.00) of such fee shall be paid to the city treasurer for deposit in the 53 city general fund, two dollars and fifty cents ($2.50) of such fee shall be 54 paid to the city treasurer for deposit in the city capital facilities fund for 55 the construction, remodeling and support of magistrate court facilities, and 4 1 nine dollars ($9.00) of such fee shall be paid to the county treasurer who 2 shall pay such fees to the state treasurer for deposit in accordance with sub- 3 section (p) of this section. 4 (d) A fee oftwenty-fourthirty dollars ($2430.00) shall be paid by any 5 party, except the plaintiff, making an appearance in any civil action in the 6 district court or in the magistrate's division of the district court. Of such 7 fee, four dollars ($4.00) shall be paid to the county treasurer for deposit in 8 the district court fund of the county; ten dollars ($10.00) of such fee shall 9 be paid to the county treasurer who shall, within five (5) days after the end 10 of the month, pay such fees to the state treasurer for deposit into the ISTARS 11 technology fund;andten dollars ($10.00) of such fee shall be paid to the 12 county treasurer who shall pay such fees to the state treasurer for deposit in 13 accordance with subsection (p) of this section; and six dollars ($6.00) of 14 such fee shall be paid to the county treasurer who shall, within five (5) days 15 after the end of the month, pay such fees to the state treasurer for deposit 16 in the senior magistrate judges fund. 17 (e) A fee of nine dollars ($9.00) shall be paid by the person or persons 18 required to make an account pursuant to either chapter 11 or chapter 18, title 19 15, Idaho Code, at the time such account is filed. All of such fee shall be 20 paid to the county treasurer for deposit in the district court fund of the 21 county. 22 (f) A fee ofnineteentwenty-five dollars ($1925.00) shall be paid upon 23 the filing of a petition of the executor or administrator or of any person 24 interested in an estate for the distribution of such estate, six dollars 25 ($6.00) of such fee shall be paid to the county treasurer for deposit in the 26 district court fund of the county;andthirteen dollars ($13.00) of such fee 27 shall be paid to the county treasurer who shall pay such fees to the state 28 treasurer for deposit in accordance with subsection (p) of this section; and 29 six dollars ($6.00) of such fee shall be paid to the county treasurer who 30 shall, within five (5) days after the end of the month, pay such fees to the 31 state treasurer for deposit in the senior magistrate judges fund. 32 (g) A fee ofseventhirteen dollars ($713.00) shall be paid by an inter- 33 venor upon making an appearance in any civil action in the district court or 34 in the magistrate's division of the district court.AllSeven dollars ($7.00) 35 of such fee shall be paid to the county treasurer for deposit in the district 36 court fund of the county; and six dollars ($6.00) of such fee shall be paid to 37 the county treasurer who shall, within five (5) days after the end of the 38 month, pay such fees to the state treasurer for deposit in the senior magis- 39 trate judges fund. 40 (h) A fee ofeightfourteen dollars ($814.00) shall be paid by a party 41 filing a third party claim as defined in the Idaho Rules of Civil Procedure. 42AllEight dollars ($8.00) of such fee shall be paid to the county treasurer 43 for deposit in the district court fund of the county; and six dollars ($6.00) 44 of such fee shall be paid to the county treasurer who shall, within five (5) 45 days after the end of the month, pay such fees to the state treasurer for 46 deposit in the senior magistrate judges fund. 47 (i) A fee ofeightfourteen dollars ($814.00) shall be paid by any party 48 filing a cross-claim.AllEight dollars ($8.00) of such fee shall be paid to 49 the county treasurer for deposit in the district court fund of the county; and 50 six dollars ($6.00) of such fee shall be paid to the county treasurer who 51 shall, within five (5) days after the end of the month, pay such fees to the 52 state treasurer for deposit in the senior magistrate judges fund. 53 (j) A fee of nine dollars ($9.00) shall be paid by a party initiating a 54 change of venue. Such fee shall be paid to the clerk of the court of the 55 county to which venue is changed. All of such fee shall be paid to the county 5 1 treasurer for deposit in the district court fund of the county. 2 (k) A fee ofninefifteen dollars ($915.00) shall be paid by any party 3 appearing after judgment or applying to reopen a case.AllNine dollars 4 ($9.00) of such fee shall be paid to the county treasurer for deposit in the 5 district court fund of the county; and six dollars ($6.00) of such fee shall 6 be paid to the county treasurer who shall, within five (5) days after the end 7 of the month, pay such fees to the state treasurer for deposit in the senior 8 magistrate judges fund. A fee of thirty-twoeight dollars ($328.00) shall be 9 paid by a party applying to reopen a divorce action or modify a divorce 10 decree, withallseventeen dollars ($17.00) of the fee to bedistributed in11the same manner as the fee provided for in subsection (a) of this section is12distributedpaid to the county treasurer for deposit in the district court 13 fund of the county; fifteen dollars ($15.00) of such fee to be paid to the 14 county treasurer who shall pay such fees to the state treasurer for deposit in 15 accordance with subsection (p) of this section; and six dollars ($6.00) of 16 such fee to be paid to the county treasurer who shall, within five (5) days 17 after the end of the month, pay such fees to the state treasurer for deposit 18 in the senior magistrate judges fund. 19 (l) A fee ofninefifteen dollars ($915.00) shall be paid by a party tak- 20 ing an appeal from the magistrate's division of the district court to the dis- 21 trict court; and six dollars of such fee shall be paid to the county treasurer 22 who shall, within five (5) days after the end of the month, pay such fees to 23 the state treasurer for deposit in the senior magistrate judges fund. No addi- 24 tional fee shall be required if a new trial is granted. All of such fee shall 25 be paid to the county treasurer for deposit in the district court fund of the 26 county. 27 (m) A fee ofninefifteen dollars ($915.00) shall be paid by the party 28 taking an appeal from the district court to the supreme court for comparing 29 and certifying the transcript on appeal, if such certificate is required.All30 Nine dollars ($9.00) of such fee shall be paid to the county treasurer for 31 deposit in the district court fund of the county; and six dollars ($6.00) of 32 such fee shall be paid to the county treasurer who shall, within five (5) days 33 after the end of the month, pay such fees to the state treasurer for deposit 34 in the senior magistrate judges fund. 35 (n) Fees not covered by this section shall be set by rule or administra- 36 tive order of the supreme court. 37 (o) All fees required to be paid by this section or by rule or adminis- 38 trative order of the supreme court shall be collected by the clerk of the dis- 39 trict court or by a person appointed by the clerk of the district court for 40 this purpose. If it appears that there is a necessity for such fees to be col- 41 lected by persons other than the clerk of the district court or a person des- 42 ignated by the clerk for such purpose, the supreme court by rule or adminis- 43 trative order may provide for the designation of persons authorized to receive 44 such fees. Persons so designated shall account for such fees in the same man- 45 ner required of the clerk of the district court and shall pay such fees to the 46 clerk of the district court of the county in which such fees are collected. 47 (p) That portion of the filing fees required to be remitted to the state 48 treasurer for deposit pursuant to subsections (a), (b), (c), (d) and (f) of 49 this section shall be apportioned eighty-six percent (86%) to the state gen- 50 eral fund and fourteen percent (14%) to the peace officers standards and 51 training fund authorized in section 19-5116, Idaho Code, within five (5) days 52 after the end of the month in which such fees were remitted to the county 53 treasurer. That portion of the filing fees required to be remitted to a city 54 treasurer for deposit in the city's general fund shall be remitted within five 55 (5) days after the end of the month in which such fees were remitted to the 6 1 county treasurer. 2 (q) Of the fees derived from the filing of any divorce action required to 3 be transmitted to the state treasurer, the county treasurer shall retain five 4 dollars ($5.00), which shall be separately identified and deposited in the 5 district court fund of the county. Such moneys shall be used exclusively for 6 the purpose of establishing a uniform system of qualifying and approving per- 7 sons, agencies or organizations to conduct evaluations of persons convicted of 8 domestic assault or battery as provided in section 18-918, Idaho Code, and the 9 administration of section 18-918(7), Idaho Code, relating to the evaluation 10 and counseling or other treatment of such persons, including the payment of 11 the costs of evaluating and counseling or other treatment of an indigent 12 defendant. No provision of chapter 52, title 39, Idaho Code, shall apply to 13 the moneys provided for in this subsection. 14 (r) In consideration of the aforesaid fees the clerk of the district 15 court shall be required to perform all lawful service that may be required of 16 him by any party thereto; provided, that he shall not prepare and furnish any 17 certified copy of any file or record in an action except printed transcript on 18 appeal, without additional compensation as provided by law. 19 SECTION 3. This act shall be in full force and effect on and after July 20 1, 2006, and shall apply only to full-time magistrate judges who retire on or 21 after July 1, 2006.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Darrington Seconded by Bunderson IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1409 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, delete lines 26 through 29 and insert: 3 "restricted by any applicable limits and requirements established by the pub- 4 lic employee retirement system of Idaho and by the United States internal rev- 5 enue service.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1409, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO COURTS; AMENDING CHAPTER 22, TITLE 1, IDAHO CODE, BY THE ADDITION 3 OF A NEW SECTION 1-2224, IDAHO CODE, TO ESTABLISH THE SENIOR MAGISTRATE 4 JUDGES FUND TO ENABLE THE IDAHO SUPREME COURT TO PURCHASE MEMBERSHIP SER- 5 VICE IN THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO FOR CERTAIN RETIR- 6 ING MAGISTRATE JUDGES, TO AUTHORIZE THE IDAHO SUPREME COURT TO ADOPT RULES 7 AND TO PROVIDE FOR THE ACCUMULATION AND INVESTMENT OF MONEYS IN THE FUND; 8 AMENDING SECTION 31-3201A, IDAHO CODE, TO INCREASE COURT FEES AND TO PRO- 9 VIDE FOR THE DEPOSIT OF FEES; PROVIDING AN EFFECTIVE DATE AND PROVIDING 10 APPLICATION. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Chapter 22, Title 1, Idaho Code, be, and the same is 13 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 14 ignated as Section 1-2224, Idaho Code, and to read as follows: 15 1-2224. SENIOR MAGISTRATE JUDGES FUND. (1) There is hereby created in the 16 office of the state treasurer, separate and apart from other funds of the 17 state, a dedicated fund to be known as the senior magistrate judges fund. 18 Moneys deposited into the fund pursuant to section 31-3201A, Idaho Code, 19 shall, subject to appropriation, be used by the Idaho supreme court to pur- 20 chase up to a maximum of forty-eight (48) months of membership service in the 21 public employee retirement system of Idaho under section 59-1363, Idaho Code, 22 for retiring magistrate judges of the district court who hold office under the 23 provisions of chapter 22, title 1, Idaho Code, at the time of their retire- 24 ment. The supreme court's purchase of membership service in the public 25 employee retirement system of Idaho under this section shall also be 26 restricted by any applicable limits and requirements established by the public 27 employee retirement system of Idaho and by the United States internal revenue 28 service. 29 (2) The actual number of months of membership service the supreme court 30 may purchase on behalf of a person shall be based upon the period of full-time 31 service provided to the judicial department by that person prior to retirement 32 and the person's willingness to perform service as a senior judge if he or she 33 is designated a senior judge by the supreme court pursuant to section 1-2005 34 or 1-2221, Idaho Code. 35 (3) The supreme court may adopt rules for the application and implementa- 36 tion of subsections (1) and (2) of this section including, but not limited to, 37 establishing eligibility requirements and a formula, criteria and procedures 38 for determining the number of months of membership service the court will pur- 39 chase on behalf of a person. 40 (4) Moneys deposited into the fund may be allowed to accumulate from year 41 to year for the purposes set forth in this section, and all interest earned on 42 the investment of idle moneys in the fund by the state treasurer shall be 43 returned to the fund. 2 1 SECTION 2. That Section 31-3201A, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 31-3201A. COURT FEES. The clerk of the district court in addition to the 4 fees and charges imposed by chapter 20, title 1, Idaho Code, and in addition 5 to the fee levied by chapter 2, title 73, Idaho Code, shall charge, demand and 6 receive the following fees for services rendered by him in discharging the 7 duties imposed upon him by law; 8 (a) A fee offorty-fourfifty dollars ($4450.00) for filing a civil case 9 of any type in the district court or in the magistrate's division of the dis- 10 trict court including cases involving the administration of decedents' 11 estates, whether testate or intestate, and conservatorships of the person or 12 of the estate or both with the following exceptions: 13 The filing fee shall be twenty-twoeight dollars ($228.00) in each case 14 where the amount of money or damages or the value of personal property claimed 15 does not exceed three hundred dollars ($300). The filing fee shall betwenty-16fourthirty dollars ($2430.00) in the following types of cases: 17 (1) Where the amount of money or damages or the value of personal prop- 18 erty claimed exceeds three hundred dollars ($300) but does not exceed one 19 thousand dollars ($1,000); 20 (2) Where a case is brought for forcible or unlawful entry or detainer 21 whether brought for rent or possession or both and regardless of the 22 amount; 23 (3) Where a case is brought under chapter 20, title 16, Idaho Code, for 24 the termination of parent-child relationship; 25 (4) Where a case is brought under chapter 2, title 32, Idaho Code, for 26 permission to marry; 27 (5) Where a case involving the administration of a decedent's estate is 28 brought under the summary administration of small estates act; 29 (6) In cases where a court order is issued only for a certain specific 30 reason other than the administering of an estate, including, but not lim- 31 ited to, proceedings brought under sections 14-114, 15-514, 15-1401, 32 15-1518 and/or 15-1709, Idaho Code, or for some specific reason; 33 (7) In cases brought to determine heirship without administration; 34 (8) In cases brought to determine inheritance or transfer tax; 35 (9) In proceedings brought for adoption; 36 (10) In proceedings brought for letters of guardianship of the person or 37 of the estate or both. 38 No filing fee shall be charged in the following types of cases: 39 (1) In cases brought under chapter 3, title 66, Idaho Code, for commit- 40 ment of mentally ill persons; 41 (2) In cases brought under the juvenile corrections act; 42 (3) In cases brought under the child protective act. 43 In all cases in which a filing fee offorty-fourfifty dollars ($4450.00) 44 is paid, seventeen dollars ($17.00) of such filing fee shall be paid to the 45 county treasurer for deposit in the district court fund of the county; ten 46 dollars ($10.00) of such filing fee shall be paid to the county treasurer who 47 shall, within five (5) days after the end of the month, pay such fees to the 48 state treasurer for deposit into the ISTARS technology fund;andseventeen 49 dollars ($17.00) of such filing fee shall be paid to the county treasurer who 50 shall pay such fees to the state treasurer for deposit in accordance with sub- 51 section (p) of this section; and six dollars ($6.00) of such filing fee shall 52 be paid to the county treasurer who shall, within five (5) days after the end 53 of the month, pay such fees to the state treasurer for deposit in the senior 54 magistrate judges fund. In all cases in which a filing fee oftwenty-four3 1 thirty dollars ($2430.00) is paid, four dollars ($4.00) of such filing fee 2 shall be paid to the county treasurer for deposit in the district court fund 3 of the county; ten dollars ($10.00) of such filing fee shall be paid to the 4 county treasurer who shall, within five (5) days after the end of the month, 5 pay such fees to the state treasurer for deposit into the ISTARS technology 6 fund;andten dollars ($10.00) of such filing fee shall be paid to the county 7 treasurer who shall pay such fees to the state treasurer for deposit in accor- 8 dance with subsection (p) of this section; and six dollars ($6.00) of such 9 filing fee shall be paid to the county treasurer who shall, within five (5) 10 days after the end of the month, pay such fees to the state treasurer for 11 deposit in the senior magistrate judges fund. In all cases in which a filing 12 fee of twenty-twoeight dollars ($228.00) is paid, three dollars ($3.00) of 13 such filing fee shall be paid to the county treasurer for deposit in the dis- 14 trict court fund of the county; ten dollars ($10.00) of such filing fee shall 15 be paid to the county treasurer who shall, within five (5) days after the end 16 of the month, pay such fees to the state treasurer for deposit into the ISTARS 17 technology fund;andnine dollars ($9.00) of such filing fee shall be paid to 18 the county treasurer who shall pay such fees to the state treasurer for 19 deposit in accordance with subsection (p) of this section; and six dollars 20 ($6.00) of such filing fee shall be paid to the county treasurer who shall, 21 within five (5) days after the end of the month, pay such fees to the state 22 treasurer for deposit in the senior magistrate judges fund. 23 (b) A fee of seventeen dollars and fifty cents ($17.50) shall be paid, 24 but not in advance, by each person found guilty of any felony or misdemeanor, 25 except when the court orders such fee waived because the person is indigent 26 and unable to pay such fee. If the magistrate court facilities are provided by 27 the county, five dollars ($5.00) of such fee shall be paid to the county trea- 28 surer for deposit in the district court fund of the county; and twelve dollars 29 and fifty cents ($12.50) of such fee shall be paid to the county treasurer who 30 shall pay such fees to the state treasurer for deposit in accordance with sub- 31 section (p) of this section. If the magistrate court facilities are provided 32 by a city, five dollars ($5.00) of such fee shall be paid to the city trea- 33 surer for deposit in the city general fund, two dollars and fifty cents 34 ($2.50) of such fee shall be paid to the city treasurer for deposit in the 35 city capital facilities fund for the construction, remodeling and support of 36 magistrates court facilities, and ten dollars ($10.00) of such fee shall be 37 paid to the county treasurer who shall pay such fees to the state treasurer 38 for deposit in accordance with subsection (p) of this section. 39 (c) A fee of sixteen dollars and fifty cents ($16.50) shall be paid, but 40 not in advance, by each person found to have committed an infraction or any 41 minor traffic, conservation or ordinance violation; provided that the judge or 42 magistrate may in his or her discretion consolidate separate nonmoving traffic 43 offenses into one (1) offense for purposes of assessing such fee. If the mag- 44 istrate court facilities are provided by the county, five dollars ($5.00) of 45 such fee shall be paid to the county treasurer for deposit in the district 46 court fund of the county; and eleven dollars and fifty cents ($11.50) of such 47 fee shall be paid to the county treasurer, who shall pay such fees to the 48 state treasurer for deposit in accordance with subsection (p) of this section. 49 If the magistrate court facilities are provided by a city, five dollars 50 ($5.00) of such fee shall be paid to the city treasurer for deposit in the 51 city general fund, two dollars and fifty cents ($2.50) of such fee shall be 52 paid to the city treasurer for deposit in the city capital facilities fund for 53 the construction, remodeling and support of magistrate court facilities, and 54 nine dollars ($9.00) of such fee shall be paid to the county treasurer who 55 shall pay such fees to the state treasurer for deposit in accordance with sub- 4 1 section (p) of this section. 2 (d) A fee oftwenty-fourthirty dollars ($2430.00) shall be paid by any 3 party, except the plaintiff, making an appearance in any civil action in the 4 district court or in the magistrate's division of the district court. Of such 5 fee, four dollars ($4.00) shall be paid to the county treasurer for deposit in 6 the district court fund of the county; ten dollars ($10.00) of such fee shall 7 be paid to the county treasurer who shall, within five (5) days after the end 8 of the month, pay such fees to the state treasurer for deposit into the ISTARS 9 technology fund;andten dollars ($10.00) of such fee shall be paid to the 10 county treasurer who shall pay such fees to the state treasurer for deposit in 11 accordance with subsection (p) of this section; and six dollars ($6.00) of 12 such fee shall be paid to the county treasurer who shall, within five (5) days 13 after the end of the month, pay such fees to the state treasurer for deposit 14 in the senior magistrate judges fund. 15 (e) A fee of nine dollars ($9.00) shall be paid by the person or persons 16 required to make an account pursuant to either chapter 11 or chapter 18, title 17 15, Idaho Code, at the time such account is filed. All of such fee shall be 18 paid to the county treasurer for deposit in the district court fund of the 19 county. 20 (f) A fee ofnineteentwenty-five dollars ($1925.00) shall be paid upon 21 the filing of a petition of the executor or administrator or of any person 22 interested in an estate for the distribution of such estate, six dollars 23 ($6.00) of such fee shall be paid to the county treasurer for deposit in the 24 district court fund of the county;andthirteen dollars ($13.00) of such fee 25 shall be paid to the county treasurer who shall pay such fees to the state 26 treasurer for deposit in accordance with subsection (p) of this section; and 27 six dollars ($6.00) of such fee shall be paid to the county treasurer who 28 shall, within five (5) days after the end of the month, pay such fees to the 29 state treasurer for deposit in the senior magistrate judges fund. 30 (g) A fee ofseventhirteen dollars ($713.00) shall be paid by an inter- 31 venor upon making an appearance in any civil action in the district court or 32 in the magistrate's division of the district court.AllSeven dollars ($7.00) 33 of such fee shall be paid to the county treasurer for deposit in the district 34 court fund of the county; and six dollars ($6.00) of such fee shall be paid to 35 the county treasurer who shall, within five (5) days after the end of the 36 month, pay such fees to the state treasurer for deposit in the senior magis- 37 trate judges fund. 38 (h) A fee ofeightfourteen dollars ($814.00) shall be paid by a party 39 filing a third party claim as defined in the Idaho Rules of Civil Procedure. 40AllEight dollars ($8.00) of such fee shall be paid to the county treasurer 41 for deposit in the district court fund of the county; and six dollars ($6.00) 42 of such fee shall be paid to the county treasurer who shall, within five (5) 43 days after the end of the month, pay such fees to the state treasurer for 44 deposit in the senior magistrate judges fund. 45 (i) A fee ofeightfourteen dollars ($814.00) shall be paid by any party 46 filing a cross-claim.AllEight dollars ($8.00) of such fee shall be paid to 47 the county treasurer for deposit in the district court fund of the county; and 48 six dollars ($6.00) of such fee shall be paid to the county treasurer who 49 shall, within five (5) days after the end of the month, pay such fees to the 50 state treasurer for deposit in the senior magistrate judges fund. 51 (j) A fee of nine dollars ($9.00) shall be paid by a party initiating a 52 change of venue. Such fee shall be paid to the clerk of the court of the 53 county to which venue is changed. All of such fee shall be paid to the county 54 treasurer for deposit in the district court fund of the county. 55 (k) A fee ofninefifteen dollars ($915.00) shall be paid by any party 5 1 appearing after judgment or applying to reopen a case.AllNine dollars 2 ($9.00) of such fee shall be paid to the county treasurer for deposit in the 3 district court fund of the county; and six dollars ($6.00) of such fee shall 4 be paid to the county treasurer who shall, within five (5) days after the end 5 of the month, pay such fees to the state treasurer for deposit in the senior 6 magistrate judges fund. A fee of thirty-twoeight dollars ($328.00) shall be 7 paid by a party applying to reopen a divorce action or modify a divorce 8 decree, withallseventeen dollars ($17.00) of the fee to bedistributed in9the same manner as the fee provided for in subsection (a) of this section is10distributedpaid to the county treasurer for deposit in the district court 11 fund of the county; fifteen dollars ($15.00) of such fee to be paid to the 12 county treasurer who shall pay such fees to the state treasurer for deposit in 13 accordance with subsection (p) of this section; and six dollars ($6.00) of 14 such fee to be paid to the county treasurer who shall, within five (5) days 15 after the end of the month, pay such fees to the state treasurer for deposit 16 in the senior magistrate judges fund. 17 (l) A fee ofninefifteen dollars ($915.00) shall be paid by a party tak- 18 ing an appeal from the magistrate's division of the district court to the dis- 19 trict court; and six dollars of such fee shall be paid to the county treasurer 20 who shall, within five (5) days after the end of the month, pay such fees to 21 the state treasurer for deposit in the senior magistrate judges fund. No addi- 22 tional fee shall be required if a new trial is granted. All of such fee shall 23 be paid to the county treasurer for deposit in the district court fund of the 24 county. 25 (m) A fee ofninefifteen dollars ($915.00) shall be paid by the party 26 taking an appeal from the district court to the supreme court for comparing 27 and certifying the transcript on appeal, if such certificate is required.All28 Nine dollars ($9.00) of such fee shall be paid to the county treasurer for 29 deposit in the district court fund of the county; and six dollars ($6.00) of 30 such fee shall be paid to the county treasurer who shall, within five (5) days 31 after the end of the month, pay such fees to the state treasurer for deposit 32 in the senior magistrate judges fund. 33 (n) Fees not covered by this section shall be set by rule or administra- 34 tive order of the supreme court. 35 (o) All fees required to be paid by this section or by rule or adminis- 36 trative order of the supreme court shall be collected by the clerk of the dis- 37 trict court or by a person appointed by the clerk of the district court for 38 this purpose. If it appears that there is a necessity for such fees to be col- 39 lected by persons other than the clerk of the district court or a person des- 40 ignated by the clerk for such purpose, the supreme court by rule or adminis- 41 trative order may provide for the designation of persons authorized to receive 42 such fees. Persons so designated shall account for such fees in the same man- 43 ner required of the clerk of the district court and shall pay such fees to the 44 clerk of the district court of the county in which such fees are collected. 45 (p) That portion of the filing fees required to be remitted to the state 46 treasurer for deposit pursuant to subsections (a), (b), (c), (d) and (f) of 47 this section shall be apportioned eighty-six percent (86%) to the state gen- 48 eral fund and fourteen percent (14%) to the peace officers standards and 49 training fund authorized in section 19-5116, Idaho Code, within five (5) days 50 after the end of the month in which such fees were remitted to the county 51 treasurer. That portion of the filing fees required to be remitted to a city 52 treasurer for deposit in the city's general fund shall be remitted within five 53 (5) days after the end of the month in which such fees were remitted to the 54 county treasurer. 55 (q) Of the fees derived from the filing of any divorce action required to 6 1 be transmitted to the state treasurer, the county treasurer shall retain five 2 dollars ($5.00), which shall be separately identified and deposited in the 3 district court fund of the county. Such moneys shall be used exclusively for 4 the purpose of establishing a uniform system of qualifying and approving per- 5 sons, agencies or organizations to conduct evaluations of persons convicted of 6 domestic assault or battery as provided in section 18-918, Idaho Code, and the 7 administration of section 18-918(7), Idaho Code, relating to the evaluation 8 and counseling or other treatment of such persons, including the payment of 9 the costs of evaluating and counseling or other treatment of an indigent 10 defendant. No provision of chapter 52, title 39, Idaho Code, shall apply to 11 the moneys provided for in this subsection. 12 (r) In consideration of the aforesaid fees the clerk of the district 13 court shall be required to perform all lawful service that may be required of 14 him by any party thereto; provided, that he shall not prepare and furnish any 15 certified copy of any file or record in an action except printed transcript on 16 appeal, without additional compensation as provided by law. 17 SECTION 3. This act shall be in full force and effect on and after July 18 1, 2006, and shall apply only to full-time magistrate judges who retire on or 19 after July 1, 2006.
STATEMENT OF PURPOSE RS 15901 This bill would create a funding mechanism to permit the Supreme Court to purchase additional years of service for certain retiring magistrate judges. Under Idaho Code 59-1363, an employer may purchase up to 48 months of additional membership service in PERSI, at full actuarial cost, for an employee. This bill would create a Senior Magistrate Judges Fund which would be used to purchase additional years of service for retiring magistrate judges pursuant to a schedule to be established. The funds would be generated by a $6.00 increase in civil filing fees. The purchase of additional service would provide an incentive for magistrate judges to continue working part-time as senior judges following retirement, thus providing a pool of senior judges that will be needed to handle the increasing caseload in the years ahead. FISCAL NOTE This bill would have no impact on the general fund. The $6.00 increase in civil filing fees would generate approximately $510,000 annually which would be deposited in the Senior Magistrate Judges Fund. Contact Name: Patti Tobias, Administrative Director of the Courts Phone: 334-2246 STATEMENT OF PURPOSE/FISCAL NOTE S 1409