2005 Legislation
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HOUSE BILL NO. 355 – Approp, Appellate Public Defender

HOUSE BILL NO. 355

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Bill Status



H0355.....................................................by APPROPRIATIONS
APPROPRIATIONS - APPELLATE PUBLIC DEFENDER - Appropriates $2,019,300 to the
State Appellate Public Defender for fiscal year 2006; limits the number of
full-time equivalent positions to 21; and reappropriates unexpended and
unencumbered balances of the General Fund.
                                                                        
03/17    House intro - 1st rdg - to printing
03/18    Rpt prt - to 2nd rdg
03/21    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 60-7-3
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
      Bilbao, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Collins,
      Crow, Deal, Denney, Edmunson(Barker), Ellsworth, Field(18),
      Field(23), Garrett, Hart, Henbest, Henderson, Jaquet, Jones, Kemp,
      Lake, LeFavour, Martinez, Mathews, McGeachin, Miller, Mitchell,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo,
      Roberts, Rusche, Rydalch, Sayler, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Mr. Speaker
      NAYS -- Barrett, Clark, Loertscher, McKague, Sali, Schaefer, Wood
      Absent and excused -- Black, Eskridge, Harwood
    Floor Sponsor - Bolz
    Title apvd - to Senate
03/22    Senate intro - 1st rdg - to Fin
03/23    Rpt out - rec d/p - to 2nd rdg
03/24    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 34-0-0, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      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 -- (District 21 seat vacant)
    Floor Sponsor - Werk
    Title apvd - to House
03/28    To enrol
03/29    Rpt enrol - Sp signed
03/30    Pres signed
03/31    To Governor
04/06    Governor signed
         Session Law Chapter 297;
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-eighth Legislature                First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 355
                                                                        
                                BY APPROPRIATIONS COMMITTEE
                                                                        
  1                                        AN ACT
  2    APPROPRIATING MONEYS TO THE OFFICE OF THE STATE APPELLATE PUBLIC DEFENDER  FOR
  3        FISCAL  YEAR  2006; LIMITING THE NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT
  4        POSITIONS; REAPPROPRIATING UNEXPENDED AND  UNENCUMBERED  BALANCES  OF  THE
  5        GENERAL FUND; AND SETTING FORTH THE CONDITIONS FOR THE REAPPROPRIATION.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  There is hereby appropriated to the Office of the State Appel-
  8    late  Public  Defender  the  following amounts to be expended according to the
  9    designated expense classes from the listed fund for the period July  1,  2005,
 10    through June 30, 2006:
 11    FOR:
 12    Personnel Costs                                                     $1,429,400
 13    Operating Expenditures                                                 549,200
 14    Capital Outlay                                                          40,700
 15      TOTAL                                                             $2,019,300
 16    FROM:
 17    General Fund                                                        $2,019,300
                                                                        
 18        SECTION  2.  In accordance with Section 67-3519, Idaho Code, the Office of
 19    the State Appellate Public Defender is authorized no more than twenty-one (21)
 20    full-time equivalent positions at any point during the period  July  1,  2005,
 21    through  June  30,  2006,  for the program specified in Section 1 of this act,
 22    unless  specifically  authorized  by  the   Governor.   The   Joint   Finance-
 23    Appropriations  Committee will be notified promptly of any increased positions
 24    so authorized.
                                                                        
 25        SECTION 3.  There is hereby reappropriated to the State  Appellate  Public
 26    Defender,  subject  to the provisions of Section 4 of this act, the unexpended
 27    and unencumbered balance of General Fund moneys as appropriated for mitigation
 28    and litigation expenses in capital cases for fiscal year 2005, to be used  for
 29    nonrecurring expenditures, for the period July 1, 2005, through June 30, 2006.
                                                                        
 30        SECTION  4.  The reappropriation for the General Fund granted in Section 3
 31    of this act shall be subject to the following provisions:
 32        (1)  If the unexpended and unencumbered balance in  the  General  Fund  on
 33    June  30, 2005, is zero, the reappropriation for the General Fund in Section 3
 34    of this act is hereby declared to be null and void.
 35        (2)  If the unexpended and unencumbered balance in  the  General  Fund  on
 36    June  30, 2005, is greater than zero, but less than the total General Fund re-
 37    appropriation authority granted to all state agencies, that amount reappropri-
 38    ated in Section 3 of this act shall be in the proportion that the reappropria-
 39    tion of the State Appellate Public Defender bears to the  total  General  Fund
 40    reappropriation authority granted to all state agencies.

Statement of Purpose / Fiscal Impact


Statement of Purpose
RS14308C1

Appropriates $2,019,300 to the State Appellate Public Defender for fiscal year 2006; limits the number of full-time positions to 21; reappropriates unexpended and unencumbered balances of the General Fund for mitigation and litigation expenses in capital cases; and sets forth the conditions for the reappropriation.

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Fiscal Note
FTP  Gen  Ded  Fed  Total 


FY 2005 Original Appropriation 15.00  1,262,900  1,262,900 


HB 805 One-time 1% Salary Increase 0.00  8,700  8,700 
Office of State Appellate Public Defender          
 1. Mitigation & Investigation 0.00  233,000  233,000 


FY 2005 Total Appropriation 15.00  1,504,600  1,504,600 
Budgeted Reversion 0.00  (2,000)  (2,000) 


FY 2005 Estimated Expenditures 15.00  1,502,600  1,502,600 
Removal of One-Time Expenditures 0.00  (7,400)  (7,400) 
Base Adjustments 0.00  700  700 


FY 2006 Base 15.00  1,495,900  1,495,900 
Benefit Costs 0.00  11,100  11,100 
Inflationary Adjustments 0.00 
Nonstandard Adjustments 0.00  (400)  (400) 
Change in Employee Compensation 0.00 
27th Payroll 0.00 


FY 2006 Program Maintenance 15.00  1,506,600  1,506,600 



Enhancements          
Office of State Appellate Public Defender          
 1. Appellate Unit 3.00  267,800  267,800 
 2. Capital Litigation Unit 3.00  244,900  244,900 


FY 2006 Total 21.00  2,019,300  2,019,300 
Chg from FY 2005 Orig Approp 6.00  756,400  756,400 
% Chg from FY 2005 Orig Approp. 40.0%   59.9%       59.9%  

Contact: Dick Burns 334-4742

Legislative Services Office, Budget & Policy Analysis

Statement of Purpose/Fiscal Note Bill No. H355