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H0396.....................................................by APPROPRIATIONS
APPROPRIATIONS - COMMISSIONER/JUDGES SALARIES - Appropriates an additional
$152,500 for one-time temporary salary increases for commissioners of the
Public Utilities Commission, commissioners of the Tax Commission,
commissioners of the Industrial Commission, justices and judges; and amends
existing law to provide a temporary salary increase for magistrates and
judges and justices for fiscal year 2006 if certain circumstances occur.
03/29 House intro - 1st rdg - to printing
03/30 Rpt prt - to 2nd rdg
03/31 2nd rdg - to 3rd rdg
Rls susp - PASSED - 45-22-3
AYES -- Anderson, Andrus, Barraclough, Bastian, Bell,
Bilbao(Reynoldson), Black, Block, Bolz, Bradford, Cannon, Chadderdon,
Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Henderson, Jones, Kemp, Lake, LeFavour,
McKague, Miller, Moyle, Nonini, Raybould, Ring, Roberts, Rydalch,
Sali, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(24), Smylie,
Snodgrass, Stevenson, Wills
NAYS -- Barrett, Bedke, Boe, Hart, Harwood, Henbest, Jaquet,
Loertscher, Martinez, Mathews, McGeachin, Mitchell, Nielsen,
Pasley-Stuart, Pence, Ringo, Rusche, Sayler, Schaefer, Smith(30),
Trail, Wood
Absent and excused -- Bayer, Garrett, Mr. Speaker
Floor Sponsor - Bolz
Title apvd - to Senate
04/01 Senate intro - 1st rdg - to Fin
04/04 Rpt out - rec d/p - to 2nd rdg
Rls susp - PASSED - 23-10-2
AYES -- Brandt, Broadsword, Bunderson, Burtenshaw, Cameron, Corder,
Darrington, Davis, Fulcher(Fulcher), Gannon, Geddes, Goedde, Hill,
Jorgenson, Keough, Little, Lodge, McGee, McKenzie, Pearce,
Richardson, Stegner, Sweet
NAYS -- Burkett, Coiner, Compton, Kelly, Langhorst, Malepeai, Marley,
Schroeder, Stennett, Werk
Absent and excused -- Andreason, Williams
Floor Sponsor - Keough
Title apvd - to House
04/05 To enrol - Rpt enrol - Sp signed
04/06 Pres signed - To Governor
04/14 Governor signed
Session Law Chapter 399
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 396
BY APPROPRIATIONS COMMITTEE
1 AN ACT
2 RELATING TO APPROPRIATIONS; APPROPRIATING ADDITIONAL MONEYS FOR FISCAL YEAR
3 2006 TO CERTAIN STATE AGENCIES AND ENTITIES FOR A TEMPORARY SALARY
4 INCREASE FOR JUSTICES, JUDGES AND COMMISSIONERS CONTINGENT UPON THE ENDING
5 FUND BALANCE OF THE GENERAL FUND ON JUNE 30, 2005; PROVIDING FOR IMPLEMEN-
6 TATION OF TEMPORARY SALARY INCREASES FOR COMMISSIONERS; AMENDING SECTION
7 1-2222, IDAHO CODE, TO PROVIDE A TEMPORARY SALARY INCREASE FOR MAGISTRATES
8 FOR FISCAL YEAR 2006 UPON CERTAIN CIRCUMSTANCES OCCURRING; AND AMENDING
9 SECTION 59-502, IDAHO CODE, TO PROVIDE A TEMPORARY SALARY INCREASE FOR
10 JUSTICES AND JUDGES FOR FISCAL YEAR 2006 UPON CERTAIN CIRCUMSTANCES OCCUR-
11 RING.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. A one-time temporary salary increase for the Chief Justice of
14 the Supreme Court, Supreme Court justices, Court of Appeals judges, adminis-
15 trative district judges, district judges, magistrate judges, public utilities
16 commissioners, industrial commissioners, and state tax commissioners, will be
17 provided contingent upon the ending balance of the General Fund. If the State
18 Controller certifies to the Secretary of State that the unexpended and unen-
19 cumbered balance of the General Fund on June 30, 2005, exceeded $124,000,000,
20 then, in addition to any other appropriation provided by law, there is hereby
21 appropriated to the following state agencies and entities the following
22 amounts to be expended for the designated programs for personnel costs only
23 from the listed funds for the period July 1, 2005, through June 30, 2006:
24 (1) SUPREME COURT
25 FROM:
26 General Fund $143,200
27 (2) PUBLIC UTILITIES COMMISSION
28 FROM:
29 Public Utilities Commission Fund $ 3,000
30 (3) INDUSTRIAL COMMISSION
31 FROM:
32 Industrial Administration Fund $ 2,900
33 (4) DEPARTMENT OF REVENUE AND TAXATION
34 STATE TAX COMMISSION
35 FROM:
36 General Fund $ 3,400
37 TOTAL $152,500
38 SECTION 2. Notwithstanding any other provision of law to the contrary,
39 and contingent on the requirements of Section 1 of this act being met, the
40 salaries of the public utilities commissioners, industrial commissioners, and
41 state tax commissioners shall be temporarily increased by one percent (1%)
42 during the period July 1, 2005, through June 30, 2006.
2
1 SECTION 3. That Section 1-2222, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 1-2222. SALARY SCHEDULE -- ATTORNEY AND NONATTORNEY MAGISTRATES. The sal-
4 aries of magistrates of the district court shall be as follows:
5 (1) Beginning on July 1, 1998, the annual salary of each magistrate who
6 is an attorney shall be seven thousand eight hundred eight dollars ($7,808)
7 less than the annual salary of a district judge. Beginning on July 1, 1999,
8 the annual salary of each magistrate who is an attorney shall be seven thou-
9 sand one hundred six dollars ($7,106) less than the salary of a district
10 judge. Beginning on July 1, 2000, the annual salary of each magistrate who is
11 an attorney shall be six thousand four hundred four dollars ($6,404) less than
12 the salary of a district judge. Beginning on July 1, 2001, the annual salary
13 of each magistrate who is an attorney shall be five thousand seven hundred two
14 dollars ($5,702) less than the salary of a district judge. Beginning July 1,
15 2002, the annual salary of each magistrate who is an attorney shall be five
16 thousand dollars ($5,000) less than the salary of a district judge.
17 (2) Beginning July 1, 1998, the following schedule is adopted as the base
18 annual salary schedule for all nonattorney magistrates:
19 STATE OF IDAHO
20 BASE ANNUAL SALARY SCHEDULE FOR NONATTORNEY
21 MAGISTRATES
22 Pay Class Annual Case Dispositions Annual Salary
23 Nonattorney Magistrate
24 Judge I more than 4,500 cases $46,222
25 Nonattorney Magistrate
26 Judge II 3,000 to 4,500 cases 41,663
27 Nonattorney Magistrate
28 Judge III 1,750 to 3,000 cases 37,105
29 Nonattorney Magistrate
30 Judge IV under 1,750 cases 31,027
31 Commencing on July 1, 1999, the amount of the base annual salary for all non-
32 attorney magistrates shall be increased by four percent (4%), and again com-
33 mencing on July 1, 2000, the amount of the base annual salary for all non-
34 attorney magistrates shall be increased by three and one-half percent
35 (3 1/2%), and again commencing on July 1, 2001, the amount of the base annual
36 salary for all nonattorney magistrates shall be increased by four and one-half
37 percent (4 1/2%), and again commencing on July 1, 2004, the amount of the base
38 annual salary for all nonattorney magistrates shall be increased by two per-
39 cent (2%).
40 (3) The administrative director of the courts shall certify annually the
41 case dispositions of each nonattorney magistrate judge and designate the sal-
42 ary classification for each nonattorney magistrate prior to the beginning of
43 each fiscal year. Any increases or decreases in salary as a result of the pro-
44 visions of this section shall become effective to coincide with the start of
45 the fiscal year.
46 (4) Each nonattorney magistrate shall, separate and apart from the salary
47 schedule established by subsection (2) of this section, receive an additional
48 seven hundred fifty dollar ($750) longevity increment added to his base salary
49 for each complete five (5) year period of service as a magistrate. No addi-
50 tional longevity increment shall be awarded after the twentieth year of ser-
51 vice. For purposes of this subsection, magistrates who entered state service
52 on January 11, 1971, shall receive credit for years of service as a police
3
1 court judge, city court judge, justice of the peace, or probate judge.
2 (5) Each nonattorney magistrate shall, separate and apart from the salary
3 schedule established by subsection (2) of this section, and separate and apart
4 from the longevity increment established by subsection (4) of this section,
5 receive an additional jurisdiction credit of thirty percent (30%) of his base
6 salary upon being granted full statutory jurisdiction by the supreme court.
7 (6) Regardless of any other provision of this section, beginning July 1,
8 1997, no nonattorney magistrate shall receive an annual salary of more than
9 fifty-five thousand two hundred seventy-six dollars ($55,276), and beginning
10 July 1, 1998, there shall be no maximum salary limitation on nonattorney mag-
11 istrate salaries.
12 (7) All nonattorney magistrates are full-time state officers, are
13 required to be available on a twenty-four (24) hour basis to perform duties
14 incident to their office such as the issuance of search and arrest warrants,
15 and are required to hold such office hours as may be necessary to conduct
16 court business or as required by the supreme court.
17 (8) For the fiscal year commencing July 1, 2005, and ending June 30,
18 2006, only, the salaries of magistrates shall be temporarily increased by one
19 percent (1%) if the state controller certifies to the secretary of state that
20 the unexpended and unencumbered balance of the general fund on June 30, 2005,
21 exceeded $124,000,000.
22 SECTION 4. That Section 59-502, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 59-502. SALARIES OF JUDGES. (1) Commencing on July 1, 1998, the salary of
25 the justices of the supreme court shall be ninety thousand seven hundred
26 ninety-one dollars ($90,791) per annum, and the salary of the judges of the
27 district courts shall be eighty-five thousand ninety-five dollars ($85,095)
28 per annum. Commencing on July 1, 1999, the annual salaries of the justices of
29 the supreme court and the annual salaries of judges of the district courts
30 shall be increased by four percent (4%), and again commencing on July 1, 2000,
31 the annual salary of the justices of the supreme court and the annual salaries
32 of judges of the district courts shall be increased by three and one-half per-
33 cent (3 1/2%), and again commencing on July 1, 2001, the annual salary of the
34 justices of the supreme court and the annual salaries of judges of the dis-
35 trict courts shall be increased by four and one-half percent (4 1/2%), and
36 again commencing on July 1, 2004, the annual salary of the justices of the
37 supreme court and the annual salaries of the judges of the district courts
38 shall be increased by two percent (2%). Salaries of magistrates shall be as
39 prescribed by chapter 22, title 1, Idaho Code. Salaries shall be paid on regu-
40 lar pay periods not less frequently than monthly as determined by order of the
41 supreme court as due out of the state treasury, but no justice of the supreme
42 court or judge of the district court or magistrate shall be paid his salary,
43 or any part thereof, unless he shall first take and subscribe an oath that
44 there is not in his hands any matter in controversy not decided by him, which
45 has been finally submitted for his consideration and determination thirty (30)
46 days prior to his taking and subscribing said oath.
47 (2) For the fiscal year commencing July 1, 2005, and ending June 30,
48 2006, only, the salaries of the chief justice of the supreme court, justices
49 of the supreme court, court of appeals judges, administrative district judges
50 and district judges shall be temporarily increased by one percent (1%) if the
51 state controller certifies to the secretary of state that the unexpended and
52 unencumbered balance of the general fund on June 30, 2005, exceeded
53 $124,000,000.
| Statement of Purpose |
| RS14376 |
This legislation provides for a one-time 1% salary increase for judges, Public Utilities Commissioners, Industrial Commissioners, and State Tax Commissioners, contingent on the General Fund finishing Fiscal Year 2005 with an unexpended and unencumbered balance of at least $124 million.
.
 
| Fiscal Note |
If the State Controller certifies to the Secretary of State that the unexpended and unencumbered balance in the General Fund at the end of Fiscal Year 2005 exceeded $124 million, then a fiscal year 2006 appropriation is triggered in the amounts of $146,600 from the General Fund and $5,900 in dedicated funds, for a total cost of $152,500. These costs would be one-time.
.
Contact: Senator Dean Cameron, 332-1000
Representative Maxine Bell, 332-1000
or
Jason Hancock
Legislative Services, Budget & Policy Analysis, 334-4739
| Statement of Purpose/Fiscal Note | Bill No. H396 |