View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1309................................................by JUDICIARY AND RULES
CIVIL CASES - FILING FEES - Amends existing law to increase certain civil
case filing fees by $5.00 to be deposited into the Idaho Statewide Trial
Court Automated Records System (ISTARS) Technology Fund and to provide that
interest earned on idle moneys in the ISTARS Technology Fund shall be
returned to the ISTARS Technology Fund.
01/20 Senate intro - 1st rdg - to printing
01/21 Rpt prt - to Jud
02/02 Rpt out - rec d/p - to 2nd rdg
02/03 2nd rdg - to 3rd rdg
02/05 3rd rdg - PASSED - 29-0-6
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Geddes, Ingram, Ipsen,
Keough, King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch,
Sandy, Sorensen, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Frasure, Hansen, Hawkins, Schroeder, Stennett,
Sweeney
Floor Sponsor - Riggs
Title apvd - to House
02/06 House intro - 1st rdg - to Jud
03/10 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 60-7-3
AYES -- Alltus, Barraclough, Bell, Bieter, Bivens, Black(15),
Bruneel, Campbell, Chase, Clark, Crane, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hansen, Henbest, Hornbeck, Jaquet, Jones(22), Jones(20), Judd,
Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford,
Loertscher, Mader, Marley, McKague, Meyer, Miller, Mortensen,
Newcomb, Pischner, Pomeroy, Reynolds, Richman, Robison, Stevenson,
Stone, Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Wood,
Zimmermann, Mr Speaker
NAYS -- Barrett, Black(23), Callister, Ridinger, Sali, Schaefer,
Stoicheff
Absent and excused -- Boe, Crow, Jones(9)
Floor Sponsor - Tippets
Title apvd - to Senate
03/13 To enrol
03/16 Rpt enrol - Pres signed
Sp signed
03/17 To Governor
03/18 Governor signed
Session Law Chapter 76
Effective: 07/01/98
S1309|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1309 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO STATEWIDE TRIAL COURT AUTOMATED RECORDS SYSTEM (ISTARS); 3 AMENDING SECTION 31-3201A, IDAHO CODE, TO INCREASE CERTAIN CIVIL CASE FIL- 4 ING FEES BY FIVE DOLLARS TO BE DEPOSITED INTO THE ISTARS TECHNOLOGY FUND 5 AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 1-1623, IDAHO 6 CODE, TO PROVIDE THAT INTEREST EARNED ON IDLE MONEY IN THE ISTARS TECHNOL- 7 OGY FUND SHALL BE RETURNED TO THE ISTARS TECHNOLOGY FUND. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 31-3201A, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 31-3201A. COURT FEES. The clerk of the district court in addition to the 12 fees and charges imposed by chapter 20, title 1, Idaho Code, and in addition 13 to the fee levied by chapter 2, title 73, Idaho Code, shall charge, demand and 14 receive the following fees for services rendered by him in discharging the 15 duties imposed upon him by law; 16 (a) A fee of $39.00 for filing a civil case of any type in the district 17 court or in the magistrate's division of the district court including cases 18 involving the administration of decedents' estates, whether testate or intes- 19 tate, and conservatorships of the person or of the estate or both with the 20 following exceptions: 21 The filing fee shall be $127 .00 in each case 22 where the amount of money or damages or the value of personal property claimed 23 does not exceed $300. The filing fee shall be $149 24 .00 in the following types of cases: 25 (1) Where the amount of money or damages or the value of personal prop- 26 erty claimed exceeds $300 but does not exceed $1,000; 27 (2) Where a case is brought for forcible or unlawful entry or detainer 28 whether brought for rent or possession or both and regardless of the 29 amount; 30 (3) Where a case is brought under chapter 20, title 16, Idaho Code, for 31 the termination of parent-child relationship; 32 (4) Where a case is brought under chapter 2, title 32, Idaho Code, for 33 permission to marry; 34 (5) Where a case involving the administration of a decedent's estate is 35 brought under the Summary Administration of Small Estates Act; 36 (6) In cases where a court order is issued only for a certain specific 37 reason other than the administering of an estate, including but not lim- 38 ited to proceedings brought under sections 14-114, 15-514, 15-1401, 39 15-1518 and/or 15-1709, Idaho Code, or for some specific reason; 40 (7) In cases brought to determine heirship without administration; 41 (8) In cases brought to determine inheritance or transfer tax; 42 (9) In proceedings brought for adoption; 43 (10) In proceedings brought for letters of guardianship of the person or 2 1 of the estate or both. 2 No filing fee shall be charged in the following types of cases: 3 (1) In cases brought under chapter 3, title 66, Idaho Code, for commit- 4 ment of mentally ill persons; 5 (2) In cases brought under theYouth Rehabilitation6 Juvenile Corrections Act; 7 (3) In cases brought under the Child Protective Act. 8 In all cases in which a filing fee of $39.00 is paid, $17.00 of such fil- 9 ing fee shall be paid to the county treasurer for deposit in the district 10 court fund of the county; $5.00 of such filing fee shall be paid to the county 11 treasurer who shall, within five (5) days after the end of the month, pay such 12 fees to the state treasurer for deposit into the ISTARS technology fund; and 13 $17.00 of such filing fee shall be paid to the county treasurer who shall, 14 within five (5) days after the end of the month pay such fees to the state 15 treasurer for deposit in the state general account. In all cases in which a 16 filing fee of $149 .00 is paid, $4.00 of such filing 17 fee shall be paid to the county treasurer for deposit in the district court 18 fund of the county; $5.00 of such filing fee shall be paid to the county 19 treasurer who shall, within five (5) days after the end of the month, pay such 20 fees to the state treasurer for deposit into the ISTARS technology fund; 21 and $10.00 of such filing fee shall be paid to the county treasurer who 22 shall within five (5) days after the end of the month pay such fees to the 23 state treasurer for deposit in the state general account. In all cases in 24 which a filing fee of $127 .00 is paid, $3.00 of such 25 filing fee shall be paid to the county treasurer for deposit in the district 26 court fund of the county; $5.00 of such filing fee shall be paid to the 27 county treasurer who shall, within five (5) days after the end of the month, 28 pay such fees to the state treasurer for deposit into the ISTARS technology 29 fund; and $9.00 of such filing fee shall be paid to the county trea- 30 surer who shall within five (5) days after the end of the month pay such fees 31 to the state treasurer for deposit in the state general account. 32 (b) A fee of $17.50 shall be paid, but not in advance, by each person 33 found guilty of any felony or misdemeanor, except when the court orders such 34 fee waived because the person is indigent and unable to pay such fee. If the 35 magistrate court facilities are provided by the county, $5.00 of such fee 36 shall be paid to the county treasurer for deposit in the district court fund 37 of the county; and $12.50 of such fee shall be paid to the county treasurer 38 who shall, within five (5) days after the end of the month, pay such fees to 39 the state treasurer for deposit in the state general account. If the magis- 40 trate court facilities are provided by a city, $5.00 of such fee shall be paid 41 to the city treasurer for deposit in the city general fund, $2.50 of such fee 42 shall be paid to the city treasurer for deposit in the city capital facilities 43 fund for the construction, remodeling and support of magistrates court facili- 44 ties, and $10.00 of such fee shall be paid to the county treasurer who shall, 45 within five (5) days after the end of the month, pay such fees to the state 46 treasurer for deposit in the state general account. 47 (c) A fee of $16.50 shall be paid, but not in advance, by each person 48 found to have committed an infraction or any minor traffic, conservation or 49 ordinance violation; provided that the judge or magistrate may in his or her 50 discretion consolidate separate nonmoving traffic offenses into one (1) 51 offense for purposes of assessing such fee. If the magistrate court facili- 52 ties are provided by the county, $5.00 of such fee shall be paid to the county 53 treasurer for deposit in the district court fund of the county; and $11.50 of 54 such fee shall be paid to the county treasurer, who shall, within five (5) 55 days after the end of the month, pay such fees to the state treasurer for 3 1 deposit in the state general account. If the magistrate court facilities are 2 provided by a city, $5.00 of such fee shall be paid to the city treasurer for 3 deposit in the city general fund, $2.50 of such fee shall be paid to the city 4 treasurer for deposit in the city capital facilities fund for the construc- 5 tion, remodeling and support of magistrate court facilities, and $9.00 of such 6 fee shall be paid to the county treasurer who shall, within five (5) days 7 after the end of the month, pay such fees to the state treasurer for deposit 8 in the state general account. 9 (d) A fee of $19.00 shall be paid by any party, except the plaintiff, 10 making an appearance in any civil action in the district court or in the 11 magistrate's division of the district court. Of such fee, $4.00 shall be paid 12 to the county treasurer for deposit in the district court fund of the county; 13 $5.00 of such fee shall be paid to the county treasurer who shall, within five 14 (5) days after the end of the month, pay such fees to the state treasurer for 15 deposit into the ISTARS technology fund; and $10.00 of such fee shall be paid 16 to the county treasurer who shall within five (5) days after the end of the 17 month pay such fees to the state treasurer for deposit in the state general 18 account. 19 (e) A fee of $9.00 shall be paid by the person or persons required to 20 make an account pursuant to either chapter 11 or chapter 18, title 15, Idaho 21 Code, at the time such account is filed. All of such fee shall be paid to the 22 county treasurer for deposit in the district court fund of the county. 23 (f) A fee of $19.00 shall be paid upon the filing of a petition of the 24 executor or administrator or of any person interested in an estate for the 25 distribution of such estate, $6.00 of such fee shall be paid to the county 26 treasurer for deposit in the district court fund of the county; and $13.00 of 27 such fee shall be paid to the county treasurer who shall, within five (5) days 28 after the end of the month, pay such fees to the state treasurer for deposit 29 in the state general account. 30 (g) A fee of $7.00 shall be paid by an intervenor upon making an appear- 31 ance in any civil action in the district court or in the magistrate's divi- 32 sion of the district court. All of such fee shall be paid to the county trea- 33 surer for deposit in the district court fund of the county. 34 (h) A fee of $8.00 shall be paid by a party filing a third party claim as 35 defined in the Idaho Rules of Civil Procedure. All of such fee shall be paid 36 to the county treasurer for deposit in the district court fund of the county. 37 (i) A fee of $8.00 shall be paid by any party filing a cross-claim. All 38 of such fee shall be paid to the county treasurer for deposit in the district 39 court fund of the county. 40 (j) A fee of $9.00 shall be paid by a party initiating a change of venue. 41 Such fee shall be paid to the clerk of the court of the county to which venue 42 is changed. All of such fee shall be paid to the county treasurer for deposit 43 in the district court fund of the county. 44 (k) A fee of $9.00 shall be paid by any party appearing after judgment or 45 applying to reopen a case. All of such fee shall be paid to the county trea- 46 surer for deposit in the district court fund of the county. A fee of $32.00 47 shall be paid by a party applying to reopen a divorce action or modify a 48 divorce decree, with all of the fee to be distributed in the same manner as 49 the fee provided for in subsection (a) of this section is distributed. 50 (l) A fee of $9.00 shall be paid by a party taking an appeal from the 51 magistrate's division of the district court to the district court. No addi- 52 tional fee shall be required if a new trial is granted. All of such fee shall 53 be paid to the county treasurer for deposit in the district court fund of the 54 county. 55 (m) A fee of $9.00 shall be paid by the party taking an appeal from the 4 1 district court to the supreme court for comparing and certifying the tran- 2 script on appeal, if such certificate is required. All of such fee shall be 3 paid to the county treasurer for deposit in the district court fund of the 4 county. 5 (n) Fees not covered by this section shall be set by rule or administra- 6 tive order of the supreme court. 7 (o) All fees required to be paid by this section or by rule or adminis- 8 trative order of the supreme court shall be collected by the clerk of the dis- 9 trict court or by a person appointed by the clerk of the district court for 10 this purpose. If it appears that there is a necessity for such fees to be col- 11 lected by persons other than the clerk of the district court or a person des- 12 ignated by the clerk for such purpose, the supreme court by rule or adminis- 13 trative order may provide for the designation of persons authorized to receive 14 such fees. Persons so designated shall account for such fees in the same man- 15 ner required of the clerk of the district court and shall pay such fees to the 16 clerk of the district court of the county in which such fees are collected. 17 (p) That portion of the filing fees required to be remitted to the state 18 treasurer for deposit in the state general account shall be remitted within 19 five (5) days after the end of the month in which such fees were remitted to 20 the county treasurer. That portion of the filing fees required to be remitted 21 to a city treasurer for deposit in the city's general fund shall be remitted 22 within five (5) days after the end of the month in which such fees were remit- 23 ted to the county treasurer. 24 (q) Of the fees derived from the filing of any divorce action required to 25 be transmitted to the state treasurer for deposit in the general account, the 26 county treasurer shall retain $5.00, which shall be separately identified and 27 deposited in the district court fund of the county. Such moneys shall be used 28 exclusively for the purpose of establishing a uniform system of qualifying and 29 approving persons, agencies or organizations to conduct evaluations of persons 30 convicted of domestic assault or battery as provided in section 18-918, Idaho 31 Code, and the administration of section 18-918(5), Idaho Code, relating to the 32 evaluation and counseling or other treatment of such persons for anger control 33 and prevention, including the payment of the costs of evaluating and counsel- 34 ing or other treatment of an indigent defendant. No provision of chapter 52, 35 title 39, Idaho Code, shall apply to the moneys provided for in this subsec- 36 tion. 37 (r) In consideration of the aforesaid fees the clerk of the district 38 court shall be required to perform all lawful service that may be required of 39 him by any party thereto; provided, that he shall not prepare and furnish any 40 certified copy of any file or record in an action except printed transcript on 41 appeal, without additional compensation as provided by law. 42 SECTION 2. That Section 1-1623, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 1-1623. IDAHO STATEWIDE TRIAL COURT AUTOMATED RECORDS SYSTEM (ISTARS) 45 TECHNOLOGY FUND. There is hereby created in the office of the state treasurer 46 the ISTARS technology fund. Moneys deposited into the fund pursuant to sec- 47 tions 31-3201 and 31-3201A, Idaho Code, upon appropriation by the legislature, 48 shall be used by the supreme court for the purpose of maintaining, replacing 49 and enhancing the Idaho Statewide Trial Court Automated Records System 50 (ISTARS) program. The ISTARS technology fund shall be separate and distinct 51 from the state general fund, and expenditures from the ISTARS technology fund 52 shall be solely dedicated to the purposes set forth in this section. Moneys 53 deposited into the fund may be allowed to accumulate from year to year for 5 1 designated maintenance, replacement, extension or enhancement of the ISTARS 2 program. Interest earned on the investment of idle moneys in the ISTARS 3 technology fund shall be returned to the ISTARS technology fund.
STATEMENT OF PURPOSE
RS07496
This bill is one of a series of bills that the Justices of the
Supreme Court transmitted to the Governor in their annual "defects
in the laws`' report under Art. 5, Sec. 25 of the Idaho
Constitution.
This bill relates to the Idaho Statewide Trial Court Automated
Records System (ISTARS) Technology Fund (I.C. § 1-1623) and a $5.00
ISTARS fee levied on certain civil cases to provide revenue for the
fund (I.C. § 31-3201A). Both measures were enacted in 1997.
This bill is designed to cure two deficiencies in that
legislation caused by inadvertence.
First, the bill amends I.C. § 31-3201A to provide that the $5.00
ISTARS fee shall also be assessed on the category of cases falling
under the $12.00 filing fee and under the $14.00 filing fee as
described in subsection (a) of this statute. When the amendment to this
statute was drafted in 1997, through oversight, the ISTARS fee was not
added to these categories of court cases, although the Supreme Court's
projection of needed revenue that was presented to the legislature
contemplated that the $5.00 fee would be added to these cases.
Consequently, the revenue resulting from the ISTARS fee falls short of
the projection of revenue that was presented to and considered by the
legislature when it adopted this fee. This amendment will remedy this
error.
This bill also amends I.C. § 1-1623 which creates the ISTARS
Technology Fund by providing that interest earned on the investment of
monies in the ISTARS fund by the State Treasurer shall be returned to
the ISTARS Technology Fund. This will provide authority to the State
Treasurer to return interest earned on fund deposits to the ISTARS
Technology Fund by virtue of I.C. § 67-1210 which provides that
interest earned on investments by the state shall be paid into the
general fund unless a statute specifically provides otherwise.
FISCAL NOTE
It is estimated that this bill will generate approximately
$88,410 for the ISTARS Technology Fund for fiscal year 1999, including
interest on fund deposits.
Contact Person: Patricia Tobias
Administrative Director of the Courts
Idaho Supreme Court (208) 334-2246
Statement of Purpose/Fiscal Note S 1309