2004 Legislation
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HOUSE BILL NO. 644 – Court assistance offices, fees

HOUSE BILL NO. 644

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Bill Status



H0644................................by JUDICIARY, RULES AND ADMINISTRATION
COURT ASSISTANCE OFFICES - Adds to existing law to authorize the Supreme
Court to establish certain fees relating to materials, training and other
services provided by court assistance offices and coordinated family
services; to provide for waivers of the fees; and to provide for the
collection, deposit and dedication of the fees.
                                                                        
02/10    House intro - 1st rdg - to printing
02/11    Rpt prt - to Jud
02/18    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/23    3rd rdg - PASSED - 62-7-1
      AYES -- Andersen, Barraclough, Bauer, Bayer, Bedke, Bell, Black,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy,
      Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones,
      Kellogg, Kulczyk, Langford, Langhorst, Martinez, McGeachin, Meyer,
      Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould,
      Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
      Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,
      Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- Barrett, Crow, Lake, McKague, Moyle, Schaefer, Wood
      Absent and excused -- Harwood
    Floor Sponsor - Shirley
    Title apvd - to Senate
02/24    Senate intro - 1st rdg - to Jud
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 29-0-6
      AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw,
      Calabretta, Compton, Darrington, Gannon, Geddes, Goedde, Hill,
      Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noble, Pearce, Richardson, Schroeder, Sorensen, Stegner,
      Sweet, Werk
      NAYS -- None
      Absent and excused -- Brandt, Cameron, Davis, Noh, Stennett, Williams
    Floor Sponsor - Lodge
    Title apvd - to House
03/16    To enrol
03/17    Rpt enrol - Sp signed
03/18    Pres signed - To Governor
03/24    Governor signed
         Session Law Chapter 322
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 644
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COURT ASSISTANCE OFFICES AND COORDINATED FAMILY SERVICES; AMENDING
  3        CHAPTER 14, TITLE 32, IDAHO  CODE,  BY  THE  ADDITION  OF  A  NEW  SECTION
  4        32-1406,  IDAHO  CODE, TO AUTHORIZE THE SUPREME COURT TO ESTABLISH CERTAIN
  5        FEES RELATING TO MATERIALS, TRAINING AND OTHER SERVICES PROVIDED BY  COURT
  6        ASSISTANCE OFFICES AND COORDINATED FAMILY SERVICES, TO PROVIDE FOR WAIVERS
  7        OF  THE  FEES AND TO PROVIDE FOR THE COLLECTION, DEPOSIT AND DEDICATION OF
  8        THE FEES.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Chapter 14, Title 32, Idaho Code, be,  and  the  same  is
 11    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 12    ignated as Section 32-1406, Idaho Code, and to read as follows:
                                                                        
 13        32-1406.  COURT ASSISTANCE OFFICES AND COORDINATED FAMILY SERVICES -- COST
 14    RECOVERY FEE SCHEDULE. (1) The supreme court is hereby authorized to establish
 15    a statewide uniform schedule of fees to assist counties in defraying the costs
 16    of providing legal forms and other written materials, training on the  use  of
 17    forms  and  distributed materials, and other court services that are furnished
 18    in connection with court assistance offices and coordinated  family  services.
 19    The  supreme  court  schedule of fees shall be reasonably related to and shall
 20    not exceed the actual costs involved in furnishing the materials, training  or
 21    other services.
 22        (2)  The  supreme  court  shall  provide for a waiver or partial waiver of
 23    fees for those persons who are unable to pay the fees.
 24        (3)  The fees established in the supreme court schedule shall be collected
 25    through the clerk of the district court of the county in which the  materials,
 26    training,  or  other services are furnished, and the clerk shall pay them over
 27    to the county treasurer for deposit into the county district court fund.  Sub-
 28    ject  to the budgetary process of the county, the moneys so deposited into the
 29    district court fund shall be dedicated to the objects and purposes  identified
 30    in this section.

Statement of Purpose / Fiscal Impact


                                                            
                                                                
                      STATEMENT OF PURPOSE
                                
                             RS 13960 
                                   
     This bill adds a new Section 32-1406 to the Idaho Code,
to authorize the Idaho Supreme Court to establish a statewide
uniform cost recovery fee schedule to assist counties with the
cost of providing court generated legal forms and written
materials, training covering the application and use of these
documents, and other services provided in connection with
court assistance offices and coordinated family services
authorized in Sections 32-1402 and 32-1403, Idaho Code. 
    
     Presently, Idaho law provides some dedicated funding for
the staffing of court assistance offices and coordinated
family services, but the delivery of these services also
relies on the contributions of counties in furnishing
facilities and operational expenses.  
    
     This bill will assist counties in recovering some of
their costs in helping to facilitate the delivery of these
vital services to the public.  The fees established by the
Supreme Court will be reasonably related to and will not
exceed the actual costs involved in furnishing the forms or
providing the other services. 
         
                          FISCAL NOTE
                                
     This bill will not affect the state general fund. It
will positively impact the ability of counties to support
family court services and court assistance offices in
discharging the responsibilities imposed on them by law.
    
    
    
    
    
Contact Persons:
  
Representative Mack Shirley
(208) 332-1000
    
Patricia Tobias
Administrative Director of the Courts
Ph: (208) 334-2246
                                 
Statement of Purpose/Fiscal Note                    H 644