2003 Legislation
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SENATE BILL NO. 1028 – Court fees, General Fund/POST Fund

SENATE BILL NO. 1028

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Daily Data Tracking History



S1028................................................by JUDICIARY AND RULES
COURT FEES - Amends existing law to provide for the deposit of certain
court fees to the State General Fund and to the Peace Officers Standards
and Training Fund.
                                                                        
01/27    Senate intro - 1st rdg - to printing
01/28    Rpt prt - to Jud
01/30    Rpt out - rec d/p - to 2nd rdg
01/31    2nd rdg - to 3rd rdg
02/03    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      Marley, McKenzie, McWilliams, Noh, Pearce, Richardson, Schroeder,
      Stegner, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Noble, Sorensen, Stennett
    Floor Sponsor - Darrington
    Title apvd - to House
02/04    House intro - 1st rdg - to Jud
03/19    Rpt out - rec d/p - to 2nd rdg
03/20    2nd rdg - to 3rd rdg
03/27    3rd rdg - PASSED - 66-0-4
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Cannon, Collins, Cuddy, Deal, Denney,
      Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
      Gagner, Garrett, Harwood, Henbest(Bray), Jaquet, Jones, Kellogg,
      Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague,
      Meyer, Miller, Mitchell, Moyle, Nacarrato, Nielsen, Raybould,
      Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
      Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, Campbell, Clark, Crow
    Floor Sponsor - Andersen
    Title apvd - to Senate
03/28    To enrol
03/31    Rpt enrol - Pres signed
04/01    Sp signed
04/02    To Governor
04/08    Governor signed
         Session Law Chapter 237
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1028
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COURT FEES; AMENDING SECTION 18-918, IDAHO CODE, TO CORRECT A CODE
  3        REFERENCE; AMENDING SECTION 19-5116, IDAHO CODE, TO  PROVIDE  CODE  REFER-
  4        ENCES;  AND  AMENDING  SECTION  31-3201A,  IDAHO  CODE, TO PROVIDE FOR THE
  5        DEPOSIT OF CERTAIN COURT FEES TO THE STATE GENERAL FUND AND TO  THE  PEACE
  6        OFFICERS STANDARDS AND TRAINING FUND.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section  18-918, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        18-918.  DOMESTIC  VIOLENCE.  (1)  For  the  purpose  of   this   section,
 11    "household  member" means a person who is a spouse, former spouse, or a person
 12    who has a child in common regardless of whether they have been  married  or  a
 13    person  with  whom a person is cohabiting, whether or not they have married or
 14    have held themselves out to be husband or wife.
 15        (2)  As used in this section, "traumatic injury" means a condition of  the
 16    body,  such  as  a wound or external or internal injury, whether of a minor or
 17    serious nature, caused by physical force.
 18        (3)  Any household member who commits a battery,  as  defined  in  section
 19    18-903,  Idaho  Code, and willfully and unlawfully inflicts a traumatic injury
 20    upon any other household member is guilty of a felony.
 21        (4)  A household member who commits an  assault,  as  defined  in  section
 22    18-901,  Idaho Code, against another household member which does not result in
 23    traumatic injury is guilty of a misdemeanor domestic assault.
 24        (5)  A household member who commits  a  battery,  as  defined  in  section
 25    18-903,  Idaho Code, against another household member which does not result in
 26    traumatic injury is guilty of a misdemeanor domestic battery.
 27        (6)  A conviction of felony domestic battery is punishable by imprisonment
 28    in the state prison for a term not to exceed ten (10) years or by a  fine  not
 29    to exceed ten thousand dollars ($10,000) or by both fine and imprisonment.
 30        (7)  (a)  Upon  a  first  conviction,  the  crime  of misdemeanor domestic
 31        assault or battery is punishable by a fine not exceeding one thousand dol-
 32        lars ($1,000) or by imprisonment in a county jail not to  exceed  six  (6)
 33        months,  or  both.  Upon a second conviction, within ten (10) years of the
 34        first conviction, the person so convicted shall be punished  by  imprison-
 35        ment in the county jail for a term not to exceed one (1) year or by a fine
 36        not  exceeding two thousand dollars ($2,000) or by both fine and imprison-
 37        ment. Upon a third or subsequent conviction, within fifteen (15) years  of
 38        the first conviction, the person so convicted shall be punished by impris-
 39        onment in the state prison for a term not to exceed five (5) years or by a
 40        fine  not  to  exceed  five  thousand dollars ($5,000) or by both fine and
 41        imprisonment.
 42        (b)  The maximum penalties provided in this section shall be doubled where
 43        the act of domestic assault or battery for which the person  is  convicted
                                                                        
                                           2
                                                                        
  1        or  pleads  guilty  took place in the presence of a child. For purposes of
  2        this section, "in the presence of a child" means in the physical  presence
  3        of  a child or knowing that a child is present and  may see or hear an act
  4        of domestic assault or battery. For  purposes  of  this  section,  "child"
  5        means a person under sixteen (16) years of age.
  6        (8)  (a) Any person who pleads guilty or is found guilty of a violation of
  7        this  section shall undergo, at the person's own expense, an evaluation by
  8        a person, agency or organization approved by the court in accordance  with
  9        subsection  (c)  of this section to determine whether the defendant should
 10        be required to obtain aggression counseling or  other  appropriate  treat-
 11        ment.  Such  evaluation shall be completed prior to the sentencing date if
 12        the court's list of approved evaluators, in accordance with subsection (c)
 13        of this section, contains evaluators who are able to perform  the  evalua-
 14        tion  prior to the sentencing dates. If the evaluation recommends counsel-
 15        ing or other treatment, the evaluation shall recommend the type  of  coun-
 16        seling  or  treatment  considered  appropriate for the defendant, together
 17        with the estimated costs thereof, and shall recommend any  other  suitable
 18        alternative  counseling or treatment programs, together with the estimated
 19        costs thereof. The defendant shall request that a copy  of  the  completed
 20        evaluation  be forwarded to the court. The court shall take the evaluation
 21        into consideration in determining an appropriate sentence. If  a  copy  of
 22        the completed evaluation has not been provided to the court, the court may
 23        proceed  to  sentence  the  defendant; however, in such event, it shall be
 24        presumed that counseling is required unless the defendant makes a  showing
 25        by  a  preponderance  of  evidence that counseling is not required. If the
 26        defendant has not made a good faith effort to provide the  completed  copy
 27        of  the evaluation to the court, the court may consider the failure of the
 28        defendant to provide the report as an aggravating circumstance  in  deter-
 29        mining  an  appropriate  sentence.  If  counseling  or  other treatment is
 30        ordered, in no event shall the person, agency or  organization  doing  the
 31        evaluation  be  the person, agency or organization that provides the coun-
 32        seling or other treatment unless this requirement is waived  by  the  sen-
 33        tencing court, with the exception of federally recognized Indian tribes or
 34        federal  military  installations, where diagnosis and treatment are appro-
 35        priate and available. Nothing herein contained shall preclude the  use  of
 36        funds  authorized  for  court-ordered  counseling or treatment pursuant to
 37        this section for indigent defendants as provided by law. In the event that
 38        funding is provided for or on behalf of the defendant  by  a  governmental
 39        entity, the defendant shall be ordered to make restitution to such govern-
 40        mental  entity in accordance with the restitution procedure for crime vic-
 41        tims, as specified under chapter 53, title 19, Idaho Code.
 42        (b)  If the evaluation recommends counseling or other treatment, the court
 43        shall order the person to complete the counseling or  other  treatment  in
 44        addition  to  any other sentence which may be imposed. If the court deter-
 45        mines that counseling or treatment would be inappropriate or  undesirable,
 46        the  court shall enter findings articulating the reasons for such determi-
 47        nation on the record. The court shall order the defendant to complete  the
 48        preferred  counseling or treatment program set forth in the evaluation, or
 49        a comparable alternative, unless it appears that the defendant cannot rea-
 50        sonably obtain adequate financial resources for such counseling or  treat-
 51        ment.  In that event, the court may order the defendant to complete a less
 52        costly alternative set forth in the evaluation or  a  comparable  program.
 53        Nothing  contained  in  this  subsection shall be construed as requiring a
 54        court to order that counseling or  treatment  be  provided  at  government
 55        expense unless otherwise required by law.
                                                                        
                                           3
                                                                        
  1        (c)  Each  judicial  district shall by rule establish a uniform system for
  2        the  qualification and approval of persons, agencies or  organizations  to
  3        perform  the  evaluations  required  in  this  subsection.  Only qualified
  4        evaluators approved by the court shall be authorized to perform such eval-
  5        uations. Funds to establish a system for approval of evaluators  shall  be
  6        derived  from  moneys  designated  therefor  and deposited in the district
  7        court fund as provided in section 31-3201A(pq), Idaho Code.
  8        (d)  Counseling or treatment ordered pursuant to  this  section  shall  be
  9        conducted  according  to  standards  established  or approved by the Idaho
 10        council on domestic violence.
                                                                        
 11        SECTION 2.  That Section 19-5116, Idaho Code, be, and the same  is  hereby
 12    amended to read as follows:
                                                                        
 13        19-5116.  PEACE  OFFICERS STANDARDS AND TRAINING FUND. (a) There is hereby
 14    established in the state treasury, the peace officers standards  and  training
 15    fund. All moneys deposited to the fund shall be expended by the peace officers
 16    standards and training council for the following purposes:
 17        (1)  Training   peace  officers,  county  detention  officers,  and  self-
 18        sponsored students, within the state of Idaho, including, but not  limited
 19        to,  sheriffs  and  their deputies, officers of the Idaho state police and
 20        conservation officers of the Idaho department of fish and game,  and  city
 21        and county prosecutors and their deputies;
 22        (2)  Salaries, costs and expenses relating to such training as provided in
 23        subsection (1) of this section;
 24        (3)  Such  capital expenditures as the peace officers standards and train-
 25        ing council may provide, for the acquisition, construction and/or improve-
 26        ment of a peace officers standards and training academy; and
 27        (4)  Such expenditures as may be necessary to aid approved peace  officers
 28        training programs or county detention officer programs certified as having
 29        met the standards established by the peace officers standards and training
 30        council.
 31        (b)  The  peace  officers  standards  and training fund shall be funded as
 32    provided in sections 31-3201A and 31-3201B, Idaho Code.
 33        (c)  All contributions and other moneys and appropriations which are  des-
 34    ignated  for  peace  officers standards and training shall be deposited in the
 35    peace officers standards and training fund.
 36        (d)  Moneys received into the fund as provided in subsection (c)  of  this
 37    section, shall be accounted for separately.
 38        (e)  If  the  fiscal  year-end  balance  in  the fund pursuant to sections
 39    31-3201A and 31-3201B, Idaho Code, exceeds one  million  dollars  ($1,000,000)
 40    the excess shall revert to the general fund.
                                                                        
 41        SECTION  3.  That Section 31-3201A, Idaho Code, be, and the same is hereby
 42    amended to read as follows:
                                                                        
 43        31-3201A.  COURT FEES. The clerk of the district court in addition to  the
 44    fees  and  charges imposed by chapter 20, title 1, Idaho Code, and in addition
 45    to the fee levied by chapter 2, title 73, Idaho Code, shall charge, demand and
 46    receive the following fees for services rendered by  him  in  discharging  the
 47    duties imposed upon him by law;
 48        (a)  A  fee  of $39.00 for filing a civil case of any type in the district
 49    court or in the magistrate's division of the  district court  including  cases
 50    involving  the administration of decedents' estates, whether testate or intes-
 51    tate, and conservatorships of the person or of the estate  or  both  with  the
                                                                        
                                           4
                                                                        
  1    following exceptions:
  2        The  filing  fee shall be $17.00 in each case where the amount of money or
  3    damages or the value of personal property claimed does not  exceed  $300.  The
  4    filing fee shall be $19.00 in the following types of cases:
  5        (1)  Where  the  amount of money or damages or the value of personal prop-
  6        erty claimed exceeds $300 but does not exceed $1,000;
  7        (2)  Where a case is brought for forcible or unlawful  entry  or  detainer
  8        whether  brought  for  rent  or  possession  or both and regardless of the
  9        amount;
 10        (3)  Where a case is brought under chapter 20, title 16, Idaho  Code,  for
 11        the termination of parent-child relationship;
 12        (4)  Where  a  case  is brought under chapter 2, title 32, Idaho Code, for
 13        permission to marry;
 14        (5)  Where a case involving the administration of a decedent's  estate  is
 15        brought under the Summary Administration of Small Estates Act;
 16        (6)  In  cases  where  a court order is issued only for a certain specific
 17        reason other than the administering of an estate, including but  not  lim-
 18        ited  to  proceedings  brought  under  sections  14-114,  15-514, 15-1401,
 19        15-1518 and/or 15-1709, Idaho Code, or for some specific reason;
 20        (7)  In cases brought to determine heirship without administration;
 21        (8)  In cases brought to determine inheritance or transfer tax;
 22        (9)  In proceedings brought for adoption;
 23        (10) In proceedings brought for letters of guardianship of the  person  or
 24        of the estate or both.
 25        No filing fee shall be charged in the following types of cases:
 26        (1)  In  cases  brought under chapter 3, title 66, Idaho Code, for commit-
 27        ment of mentally ill persons;
 28        (2)  In cases brought under the Juvenile Corrections Act;
 29        (3)  In cases brought under the Child Protective Act.
 30        In all cases in which a filing fee of $39.00 is paid, $17.00 of such  fil-
 31    ing  fee  shall  be  paid to the county treasurer for deposit in  the district
 32    court fund of the county; $5.00 of such filing fee shall be paid to the county
 33    treasurer who shall, within five (5) days after the end of the month, pay such
 34    fees to the state treasurer for deposit into the ISTARS technology  fund;  and
 35    $17.00  of  such  filing  fee shall be paid to the county treasurer who shall,
 36    within five (5) days after the end of the month pay such  fees  to  the  state
 37    treasurer  for deposit in the state general account accordance with subsection
 38    (p) of this section. In all cases in which a filing fee  of  $19.00  is  paid,
 39    $4.00  of such filing fee shall be paid to the county treasurer for deposit in
 40    the district court fund of the county; $5.00 of such filing fee shall be  paid
 41    to  the  county treasurer who shall, within five (5) days after the end of the
 42    month, pay such fees to the state treasurer for deposit into the ISTARS  tech-
 43    nology  fund;  and $10.00 of such filing fee shall be paid to the county trea-
 44    surer who shall within five (5) days after the end of the month pay such  fees
 45    to  the  state  treasurer  for deposit in the state general account accordance
 46    with subsection (p) of this section. In all cases in which  a  filing  fee  of
 47    $17.00 is paid, $3.00 of such filing fee shall be paid to the county treasurer
 48    for deposit in the district court fund of the county; $5.00 of such filing fee
 49    shall  be  paid  to the county treasurer who shall, within five (5) days after
 50    the end of the month, pay such fees to the state treasurer  for  deposit  into
 51    the  ISTARS technology fund; and $9.00 of such filing fee shall be paid to the
 52    county treasurer who shall within five (5) days after the end of the month pay
 53    such fees to the state treasurer for deposit  in  the  state  general  account
 54    accordance with subsection (p) of this section.
 55        (b)  A  fee  of  $17.50  shall be paid, but not in advance, by each person
                                                                        
                                           5
                                                                        
  1    found guilty of any felony or misdemeanor, except when the court  orders  such
  2    fee  waived  because the person is indigent and unable to pay such fee. If the
  3    magistrate court facilities are provided by the  county,  $5.00  of  such  fee
  4    shall  be  paid to the county treasurer for deposit in the district court fund
  5    of the county; and $12.50 of such fee shall be paid to  the  county  treasurer
  6    who  shall,  within five (5) days after the end of the month, pay such fees to
  7    the  state treasurer for deposit in the state general account accordance  with
  8    subsection  (p)  of  this section. If the magistrate court facilities are pro-
  9    vided by a city, $5.00 of such fee shall be paid to  the  city  treasurer  for
 10    deposit  in the city general fund, $2.50 of such fee shall be paid to the city
 11    treasurer for deposit in the city capital facilities fund  for  the  construc-
 12    tion,  remodeling  and  support of magistrates court facilities, and $10.00 of
 13    such fee shall be paid to the county treasurer who shall, within five (5) days
 14    after the end of the month, pay such fees to the state treasurer  for  deposit
 15    in the state general account accordance with subsection (p) of this section.
 16        (c)  A  fee  of  $16.50  shall be paid, but not in advance, by each person
 17    found to have committed an infraction or any minor  traffic,  conservation  or
 18    ordinance  violation;  provided that the judge or magistrate may in his or her
 19    discretion consolidate  separate  nonmoving  traffic  offenses  into  one  (1)
 20    offense for purposes of assessing such fee. If the magistrate court facilities
 21    are  provided  by  the  county,  $5.00 of such fee shall be paid to the county
 22    treasurer for deposit in the district court fund of the county; and $11.50  of
 23    such  fee  shall  be  paid to the county treasurer, who shall, within five (5)
 24    days after the end of the month, pay such fees  to  the  state  treasurer  for
 25    deposit  in  the  state general account accordance with subsection (p) of this
 26    section. If the magistrate court facilities are provided by a city,  $5.00  of
 27    such  fee  shall be paid to the city treasurer for deposit in the city general
 28    fund, $2.50 of such fee shall be paid to the city treasurer for deposit in the
 29    city capital facilities fund for the construction, remodeling and  support  of
 30    magistrate court facilities, and $9.00 of such fee shall be paid to the county
 31    treasurer who shall, within five (5) days after the end of the month, pay such
 32    fees  to  the  state treasurer for deposit in the state general account accor-
 33    dance with subsection (p) of this section.
 34        (d)  A fee of $19.00 shall be paid by any  party,  except  the  plaintiff,
 35    making  an  appearance  in  any  civil action in the  district court or in the
 36    magistrate's division of the district court. Of such fee, $4.00 shall be  paid
 37    to  the county treasurer for deposit in the district court fund of the county;
 38    $5.00 of such fee shall be paid to the county treasurer who shall, within five
 39    (5) days after the end of the month, pay such fees to the state treasurer  for
 40    deposit  into the ISTARS technology fund; and $10.00 of such fee shall be paid
 41    to the county treasurer who shall within five (5) days after the  end  of  the
 42    month  pay  such  fees to the state treasurer for deposit in the state general
 43    account accordance with subsection (p) of this section.
 44        (e)  A fee of $9.00 shall be paid by the person  or  persons  required  to
 45    make  an  account pursuant to either chapter 11 or chapter 18, title 15, Idaho
 46    Code, at the time such account is filed. All of such fee shall be paid to  the
 47    county treasurer for deposit in the district court fund of the county.
 48        (f)  A  fee  of  $19.00 shall be paid upon the filing of a petition of the
 49    executor or administrator or of any person interested in  an  estate  for  the
 50    distribution  of  such  estate,  $6.00 of such fee shall be paid to the county
 51    treasurer for deposit in the district court fund of the county; and $13.00  of
 52    such fee shall be paid to the county treasurer who shall, within five (5) days
 53    after  the  end of the month, pay such fees to the state treasurer for deposit
 54    in the state general account accordance with subsection (p) of this section.
 55        (g)  A fee of $7.00 shall be paid by an intervenor upon making an  appear-
                                                                        
                                           6
                                                                        
  1    ance  in  any civil action in the district court or in the  magistrate's divi-
  2    sion of the district court. All of such fee shall be paid to the county  trea-
  3    surer for deposit in the district court fund of the county.
  4        (h)  A fee of $8.00 shall be paid by a party filing a third party claim as
  5    defined  in  the Idaho Rules of Civil Procedure. All of such fee shall be paid
  6    to the county treasurer for deposit in the district court fund of the county.
  7        (i)  A fee of $8.00 shall be paid by any party filing a  cross-claim.  All
  8    of  such fee shall be paid to the county treasurer for deposit in the district
  9    court fund of the county.
 10        (j)  A fee of $9.00 shall be paid by a party initiating a change of venue.
 11    Such fee shall be paid to the clerk of the court of the county to which  venue
 12    is  changed. All of such fee shall be paid to the county treasurer for deposit
 13    in the district court fund of the county.
 14        (k)  A fee of $9.00 shall be paid by any party appearing after judgment or
 15    applying to reopen a case. All of such fee shall be paid to the  county  trea-
 16    surer  for  deposit  in the district court fund of the county. A fee of $32.00
 17    shall be paid by a party applying to reopen  a  divorce  action  or  modify  a
 18    divorce  decree,  with  all of the fee to be distributed in the same manner as
 19    the fee provided for in subsection (a) of this section is distributed.
 20        (l)  A fee of $9.00 shall be paid by a party taking  an  appeal  from  the
 21    magistrate's  division  of  the district court to the district court. 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 of $9.00 shall be paid by the party taking an appeal  from  the
 26    district  court  to  the  supreme court for comparing and certifying the tran-
 27    script on appeal, if such certificate is required. All of such  fee  shall  be
 28    paid  to  the  county  treasurer for deposit in the district court fund of the
 29    county.
 30        (n)  Fees not covered by this section shall be set by rule or  administra-
 31    tive order of the supreme court.
 32        (o)  All  fees  required to be paid by this section or by rule or adminis-
 33    trative order of the supreme court shall be collected by the clerk of the dis-
 34    trict court or by a person appointed by the clerk of the  district  court  for
 35    this purpose. If it appears that there is a necessity for such fees to be col-
 36    lected  by persons other than the clerk of the district court or a person des-
 37    ignated by the clerk for such purpose, the supreme court by rule  or  adminis-
 38    trative order may provide for the designation of persons authorized to receive
 39    such  fees. Persons so designated shall account for such fees in the same man-
 40    ner required of the clerk of the district court and shall pay such fees to the
 41    clerk of the district court of the county in which such fees are collected.
 42        (p)  That portion of the filing fees required to be remitted to the  state
 43    treasurer for deposit in pursuant to subsections (a), (b), (c), (d) and (f) of
 44    this  section  shall  be apportioned ninety percent (90%) to the state general
 45    account shall be remitted fund and ten percent (10%)  to  the  peace  officers
 46    standards  and training fund authorized in section 19-5116, Idaho Code, within
 47    five (5) days after the end of the month in which such fees were  remitted  to
 48    the  county treasurer. That portion of the filing fees required to be remitted
 49    to  a  city treasurer for deposit in the city's general fund shall be remitted
 50    within five (5) days after the end of the month in which such fees were remit-
 51    ted to the county treasurer.
 52        (q)  Of the fees derived from the filing of any divorce action required to
 53    be transmitted to the state treasurer, for deposit in the general account, the
 54    county treasurer shall retain $5.00, which shall be separately identified  and
 55    deposited  in the district court fund of the county. Such moneys shall be used
                                                                        
                                           7
                                                                        
  1    exclusively for the purpose of establishing a uniform system of qualifying and
  2    approving persons, agencies or organizations to conduct evaluations of persons
  3    convicted of domestic assault or battery as provided in section 18-918,  Idaho
  4    Code, and the administration of section 18-918(7), Idaho Code, relating to the
  5    evaluation  and  counseling  or other treatment of such persons, including the
  6    payment of the costs of evaluating and counseling or  other  treatment  of  an
  7    indigent  defendant.   No provision of chapter 52, title 39, Idaho Code, shall
  8    apply to the moneys provided for in this subsection.
  9        (r)  In consideration of the aforesaid fees  the  clerk  of  the  district
 10    court  shall be required to perform all lawful service that may be required of
 11    him by any party thereto; provided, that he shall not prepare and furnish  any
 12    certified copy of any file or record in an action except printed transcript on
 13    appeal, without additional compensation as provided by law.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS12660
                                
The purpose of this legislation is to make a technical correction
to 18-918 (8) (c),   Idaho Code for a cross reference as to where
funds are deposited; and to allow for ten percent of civil court
fees to be redirected from the state s General Fund to the Peace
Officer Standards and Training Fund. The remaining 90% of the
amount collected by county clerks on behalf of the State will
continue to be deposited directly to the General Fund. This was
unintentionally left out of legislation that passed during the
2001 Legislative Session dealing with revenues to support the
Peace Officer Standards Training (POST) Academy.

                         FISCAL IMPACT
                                
This bill will result in an additional transfer from the General
Fund to the Peace Officers Standards and Training Fund. The
original stated fiscal impact of enhancing revenues to the POST
Academy in the 2001 Session was $550,000 annually. The actual
impact was $157,100 in fiscal year 2001    resulting in a shortage
of $328,900. This bill will redirect the funds to make up that
difference each year.

Contact:
          Name:     Mike Becar
                 Phone:    884-7250
      
Statement of Purpose/Fiscal Impact                      S 102