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S1054................................................by JUDICIARY AND RULES POLICE OFFICER STANDARDS AND TRAINING FUND - Amends existing law relating to the Peace Officer Standards and Training Fund to revise the distribution of remitted fines and forfeitures; to revise the distribution of court filing fees; and to increase the fee charged for purposes of the fund. 01/25 Senate intro - 1st rdg - to printing 01/26 Rpt prt - to Jud 02/07 Rpt out - rec d/p - to 2nd rdg 02/08 2nd rdg - to 3rd rdg 02/09 3rd rdg - PASSED - 33-0-2 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Marley, McGee, McKenzie, Noble, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Cameron, Malepeai Floor Sponsor - Darrington Title apvd - to House 02/10 House intro - 1st rdg - to Jud 03/04 Rpt out - rec d/p - to 2nd rdg 03/07 2nd rdg - to 3rd rdg 03/15 3rd rdg - PASSED - 66-3-1 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart(Jacobson), Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, McGeachin, McKague, Miller, Mitchell, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker NAYS -- Denney, Mathews, Moyle Absent and excused -- Wood Floor Sponsor - Field(18) Title apvd - to Senate 03/16 To enrol 03/17 Rpt enrol - Pres signed 03/18 Sp signed 03/21 To Governor 03/23 Governor signed Session Law Chapter 114 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE SENATE SENATE BILL NO. 1054 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE PEACE OFFICERS STANDARDS AND TRAINING FUND; AMENDING SECTION 3 19-4705, IDAHO CODE, TO REVISE THE DISTRIBUTION OF REMITTED FINES AND FOR- 4 FEITURES; AMENDING SECTION 31-3201A, IDAHO CODE, TO REVISE THE DISTRIBU- 5 TION OF COURT FILING FEES; AND AMENDING SECTION 31-3201B, IDAHO CODE, TO 6 INCREASE THE FEE CHARGED FOR THE PEACE OFFICERS STANDARDS AND TRAINING 7 FUND AND TO REVISE TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 19-4705, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 19-4705. PAYMENT OF FINES AND FORFEITURES -- SATISFACTION OF JUDGMENT -- 12 DISPOSITION -- APPORTIONMENT. (a) All fines and forfeitures collected pursuant 13 to the judgment of any court of the state shall be remitted to the court in 14 which the judgment was rendered. The judgment shall then be satisfied by entry 15 in the docket of the court. The clerk of the court shall daily remit all fines 16 and forfeitures to the county auditor who shall at the end of each month 17 apportion the proceeds according to the provisions of this act. Other existing 18 laws regarding the disposition of fines and forfeitures are hereby repealed to 19 the extent such laws are inconsistent with the provisions of this act except 20 as provided in section 49-1013(3), Idaho Code. 21 (b) Fines and forfeitures remitted for violations of fish and game laws 22 shall be apportioned two and one-half percent (2 1/2%) to the state treasurer 23 for deposit in the state general account, ten percent (10%) to the search and 24 rescue account, twenty-two and one-half percent (22 1/2%) to the district 25 court fund and sixty-five percent (65%) to the fish and game fund. 26 (c) Fines and forfeitures remitted for violations of state motor vehicle 27 laws, for violation of state driving privilege laws, and for violation of 28 state laws prohibiting driving while under the influence of alcohol, drugs or 29 any other intoxicating substances, shall be apportioned ten percent (10%) to 30 the state treasurer of whichninetyeighty-six percent (9086%) shall be 31 deposited to the state general fund andtenfourteen percent (104%) shall be 32 deposited to the peace officers standards and training fund authorized in sec- 33 tion 19-5116, Idaho Code, forty-five percent (45%) to the state treasurer for 34 deposit in the highway distribution account, twenty-two and one-half percent 35 (22 1/2%) to the district court fund and twenty-two and one-half percent 36 (22 1/2%) to the state treasurer for deposit in the public school income fund; 37 provided, however, that fines and forfeitures remitted for violation of state 38 motor vehicle laws, for violation of state driving privilege laws, and for 39 violation of state laws prohibiting driving while under the influence of alco- 40 hol, drugs or any other intoxicating substances, where an arrest is made or a 41 citation is issued by a city law enforcement official, or by a law enforcement 42 official of a governmental agency under contract to provide law enforcement 43 services for a city, shall be apportioned ten percent (10%) to the state trea- 2 1 surer of whichninetyeighty-six percent (9086%) shall be deposited to the 2 state general fund andtenfourteen percent (104%) shall be deposited to the 3 peace officers standards and training fund authorized in section 19-5116, 4 Idaho Code, and ninety percent (90%) to the city whose officer made the arrest 5 or issued the citation. 6 (d) Fines and forfeitures remitted for violation of any state law not 7 involving fish and game laws, or motor vehicle laws, or state driving privi- 8 lege laws, or state laws prohibiting driving while under the influence of 9 alcohol, drugs or any other intoxicating substances, shall be apportioned ten 10 percent (10%) to the state treasurer of whichninetyeighty-six percent 11 (9086%) shall be deposited to the state general fund andtenfourteen percent 12 (104%) shall be deposited to the peace officers standards and training fund 13 authorized in section 19-5116, Idaho Code, and ninety percent (90%) to the 14 district court fund of the county in which the violation occurred. 15 (e) Fines and forfeitures remitted for violation of county ordinances 16 shall be apportioned ten percent (10%) to the state treasurer of whichninety17 eighty-six percent (9086%) shall be deposited to the state general fund and 18tenfourteen percent (104%) shall be deposited to the peace officers stan- 19 dards and training fund authorized in section 19-5116, Idaho Code, and ninety 20 percent (90%) to the district court fund of the county whose ordinance was 21 violated. 22 (f) Fines and forfeitures remitted for violation of city ordinances shall 23 be apportioned ten percent (10%) to the state treasurer of whichninety24 eighty-six percent (9086%) shall be deposited to the state general fund and 25tenfourteen percent (104%) shall be deposited to the peace officers standards 26 and training fund authorized in section 19-5116, Idaho Code, and ninety per- 27 cent (90%) to the city whose ordinance was violated. 28 (g) Fines and forfeitures remitted for violations not specified in this 29 act shall be apportioned ten percent (10%) to the state treasurer of which 30ninetyeighty-six percent (9086%) shall be deposited to the state general fund 31 andtenfourteen percent (104%) shall be deposited to the peace officers stan- 32 dards and training fund authorized in section 19-5116, Idaho Code, and ninety 33 percent (90%) to the district court fund of the county in which the violation 34 occurred except in cases where a duly designated officer of any city police 35 department or city law enforcement official shall have made the arrest for any 36 such violation, in which case ninety percent (90%) shall be apportioned to the 37 city whose officer made the arrest. 38 (h) Fines and forfeitures remitted for violations involving registrations 39 of motorcycles or motor-driven cycles used off highways, snowmobiles, or use 40 of winter recreation parking areas shall be apportioned ten percent (10%) to 41 the state treasurer of whichninetyeighty-six percent (9086%) shall be depos- 42 ited to the state general fund andtenfourteen percent (104%) shall be 43 deposited to the peace officers standards and training fund authorized in sec- 44 tion 19-5116, Idaho Code, and ninety percent (90%) to the general fund of the 45 county or city whose law enforcement official issued the citation. 46 (i) Fines and forfeitures remitted for violations of overweight laws as 47 provided in section 49-1013(3), Idaho Code, shall be deposited one hundred 48 percent (100%) into the highway distribution account. 49 (j) As used in this section, the term "city law enforcement official" 50 shall include an official of any governmental agency which is providing law 51 enforcement services to a city in accordance with the terms of a contract or 52 agreement, when such official makes the arrest or issues a citation within the 53 geographical limits of the city and when the contract or agreement provides 54 for payment to the city of fines and forfeitures resulting from such service. 3 1 SECTION 2. That Section 31-3201A, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 31-3201A. COURT FEES. The clerk of the district court in addition to the 4 fees and charges imposed by chapter 20, title 1, Idaho Code, and in addition 5 to the fee levied by chapter 2, title 73, Idaho Code, shall charge, demand and 6 receive the following fees for services rendered by him in discharging the 7 duties imposed upon him by law; 8 (a) A fee of $39.00 for filing a civil case of any type in the district 9 court or in the magistrate's division of the district court including cases 10 involving the administration of decedents' estates, whether testate or intes- 11 tate, and conservatorships of the person or of the estate or both with the 12 following exceptions: 13 The filing fee shall be $17.00 in each case where the amount of money or 14 damages or the value of personal property claimed does not exceed $300. The 15 filing fee shall be $19.00 in the following types of cases: 16 (1) Where the amount of money or damages or the value of personal prop- 17 erty claimed exceeds $300 but does not exceed $1,000; 18 (2) Where a case is brought for forcible or unlawful entry or detainer 19 whether brought for rent or possession or both and regardless of the 20 amount; 21 (3) Where a case is brought under chapter 20, title 16, Idaho Code, for 22 the termination of parent-child relationship; 23 (4) Where a case is brought under chapter 2, title 32, Idaho Code, for 24 permission to marry; 25 (5) Where a case involving the administration of a decedent's estate is 26 brought under the Summary Administration of Small Estates Act; 27 (6) In cases where a court order is issued only for a certain specific 28 reason other than the administering of an estate, including but not lim- 29 ited to proceedings brought under sections 14-114, 15-514, 15-1401, 30 15-1518 and/or 15-1709, Idaho Code, or for some specific reason; 31 (7) In cases brought to determine heirship without administration; 32 (8) In cases brought to determine inheritance or transfer tax; 33 (9) In proceedings brought for adoption; 34 (10) In proceedings brought for letters of guardianship of the person or 35 of the estate or both. 36 No filing fee shall be charged in the following types of cases: 37 (1) In cases brought under chapter 3, title 66, Idaho Code, for commit- 38 ment of mentally ill persons; 39 (2) In cases brought under the Juvenile Corrections Act; 40 (3) In cases brought under the Child Protective Act. 41 In all cases in which a filing fee of $39.00 is paid, $17.00 of such fil- 42 ing fee shall be paid to the county treasurer for deposit in the district 43 court fund of the county; $5.00 of such filing fee shall be paid to the county 44 treasurer who shall, within five (5) days after the end of the month, pay such 45 fees to the state treasurer for deposit into the ISTARS technology fund; and 46 $17.00 of such filing fee shall be paid to the county treasurer who shall pay 47 such fees to the state treasurer for deposit in accordance with subsection (p) 48 of this section. In all cases in which a filing fee of $19.00 is paid, $4.00 49 of such filing fee shall be paid to the county treasurer for deposit in the 50 district court fund of the county; $5.00 of such filing fee shall be paid to 51 the county treasurer who shall, within five (5) days after the end of the 52 month, pay such fees to the state treasurer for deposit into the ISTARS tech- 53 nology fund; and $10.00 of such filing fee shall be paid to the county trea- 54 surer who shall pay such fees to the state treasurer for deposit in accordance 4 1 with subsection (p) of this section. In all cases in which a filing fee of 2 $17.00 is paid, $3.00 of such filing fee shall be paid to the county treasurer 3 for deposit in the district court fund of the county; $5.00 of such filing 4 fee shall be paid to the county treasurer who shall, within five (5) days 5 after the end of the month, pay such fees to the state treasurer for deposit 6 into the ISTARS technology fund; and $9.00 of such filing fee shall be paid to 7 the county treasurer who shall pay such fees to the state treasurer for 8 deposit in accordance with subsection (p) of this section. 9 (b) A fee of $17.50 shall be paid, but not in advance, by each person 10 found guilty of any felony or misdemeanor, except when the court orders such 11 fee waived because the person is indigent and unable to pay such fee. If the 12 magistrate court facilities are provided by the county, $5.00 of such fee 13 shall be paid to the county treasurer for deposit in the district court fund 14 of the county; and $12.50 of such fee shall be paid to the county treasurer 15 who shall pay such fees to the state treasurer for deposit in accordance with 16 subsection (p) of this section. If the magistrate court facilities are pro- 17 vided by a city, $5.00 of such fee shall be paid to the city treasurer for 18 deposit in the city general fund, $2.50 of such fee shall be paid to the city 19 treasurer for deposit in the city capital facilities fund for the construc- 20 tion, remodeling and support of magistrates court facilities, and $10.00 of 21 such fee shall be paid to the county treasurer who shall pay such fees to the 22 state treasurer for deposit in accordance with subsection (p) of this section. 23 (c) A fee of $16.50 shall be paid, but not in advance, by each person 24 found to have committed an infraction or any minor traffic, conservation or 25 ordinance violation; provided that the judge or magistrate may in his or her 26 discretion consolidate separate nonmoving traffic offenses into one (1) 27 offense for purposes of assessing such fee. If the magistrate court facilities 28 are provided by the county, $5.00 of such fee shall be paid to the county 29 treasurer for deposit in the district court fund of the county; and $11.50 of 30 such fee shall be paid to the county treasurer, who shall pay such fees to the 31 state treasurer for deposit in accordance with subsection (p) of this section. 32 If the magistrate court facilities are provided by a city, $5.00 of such fee 33 shall be paid to the city treasurer for deposit in the city general fund, 34 $2.50 of such fee shall be paid to the city treasurer for deposit in the city 35 capital facilities fund for the construction, remodeling and support of magis- 36 trate court facilities, and $9.00 of such fee shall be paid to the county 37 treasurer who shall pay such fees to the state treasurer for deposit in accor- 38 dance with subsection (p) of this section. 39 (d) A fee of $19.00 shall be paid by any party, except the plaintiff, 40 making an appearance in any civil action in the district court or in the 41 magistrate's division of the district court. Of such fee, $4.00 shall be paid 42 to the county treasurer for deposit in the district court fund of the county; 43 $5.00 of such fee shall be paid to the county treasurer who shall, within five 44 (5) days after the end of the month, pay such fees to the state treasurer for 45 deposit into the ISTARS technology fund; and $10.00 of such fee shall be paid 46 to the county treasurer who shall pay such fees to the state treasurer for 47 deposit in accordance with subsection (p) of this section. 48 (e) A fee of $9.00 shall be paid by the person or persons required to 49 make an account pursuant to either chapter 11 or chapter 18, title 15, Idaho 50 Code, at the time such account is filed. All of such fee shall be paid to the 51 county treasurer for deposit in the district court fund of the county. 52 (f) A fee of $19.00 shall be paid upon the filing of a petition of the 53 executor or administrator or of any person interested in an estate for the 54 distribution of such estate, $6.00 of such fee shall be paid to the county 55 treasurer for deposit in the district court fund of the county; and $13.00 of 5 1 such fee shall be paid to the county treasurer who shall pay such fees to the 2 state treasurer for deposit in accordance with subsection (p) of this section. 3 (g) A fee of $7.00 shall be paid by an intervenor upon making an appear- 4 ance in any civil action in the district court or in the magistrate's divi- 5 sion of the district court. All of such fee shall be paid to the county trea- 6 surer for deposit in the district court fund of the county. 7 (h) A fee of $8.00 shall be paid by a party filing a third party claim as 8 defined in the Idaho Rules of Civil Procedure. All of such fee shall be paid 9 to the county treasurer for deposit in the district court fund of the county. 10 (i) A fee of $8.00 shall be paid by any party filing a cross-claim. All 11 of such fee shall be paid to the county treasurer for deposit in the district 12 court fund of the county. 13 (j) A fee of $9.00 shall be paid by a party initiating a change of venue. 14 Such fee shall be paid to the clerk of the court of the county to which venue 15 is changed. All of such fee shall be paid to the county treasurer for deposit 16 in the district court fund of the county. 17 (k) A fee of $9.00 shall be paid by any party appearing after judgment or 18 applying to reopen a case. All of such fee shall be paid to the county trea- 19 surer for deposit in the district court fund of the county. A fee of $32.00 20 shall be paid by a party applying to reopen a divorce action or modify a 21 divorce decree, with all of the fee to be distributed in the same manner as 22 the fee provided for in subsection (a) of this section is distributed. 23 (l) A fee of $9.00 shall be paid by a party taking an appeal from the 24 magistrate's division of the district court to the district court. No addi- 25 tional fee shall be required if a new trial is granted. All of such fee shall 26 be paid to the county treasurer for deposit in the district court fund of the 27 county. 28 (m) A fee of $9.00 shall be paid by the party taking an appeal from the 29 district court to the supreme court for comparing and certifying the tran- 30 script on appeal, if such certificate is required. All of such fee shall be 31 paid to the county treasurer for deposit in the district court fund of the 32 county. 33 (n) Fees not covered by this section shall be set by rule or administra- 34 tive order of the supreme court. 35 (o) All fees required to be paid by this section or by rule or adminis- 36 trative order of the supreme court shall be collected by the clerk of the dis- 37 trict court or by a person appointed by the clerk of the district court for 38 this purpose. If it appears that there is a necessity for such fees to be col- 39 lected by persons other than the clerk of the district court or a person des- 40 ignated by the clerk for such purpose, the supreme court by rule or adminis- 41 trative order may provide for the designation of persons authorized to receive 42 such fees. Persons so designated shall account for such fees in the same man- 43 ner required of the clerk of the district court and shall pay such fees to the 44 clerk of the district court of the county in which such fees are collected. 45 (p) That portion of the filing fees required to be remitted to the state 46 treasurer for deposit pursuant to subsections (a), (b), (c), (d) and (f) of 47 this section shall be apportionedninetyeighty-six percent (9086%) to the 48 state general fund andtenfourteen percent (104%) to the peace officers stan- 49 dards and training fund authorized in section 19-5116, Idaho Code, within five 50 (5) days after the end of the month in which such fees were remitted to the 51 county treasurer. That portion of the filing fees required to be remitted to a 52 city treasurer for deposit in the city's general fund shall be remitted within 53 five (5) days after the end of the month in which such fees were remitted to 54 the county treasurer. 55 (q) Of the fees derived from the filing of any divorce action required to 6 1 be transmitted to the state treasurer, the county treasurer shall retain 2 $5.00, which shall be separately identified and deposited in the district 3 court fund of the county. Such moneys shall be used exclusively for the pur- 4 pose of establishing a uniform system of qualifying and approving persons, 5 agencies or organizations to conduct evaluations of persons convicted of 6 domestic assault or battery as provided in section 18-918, Idaho Code, and 7 the administration of section 18-918(7), Idaho Code, relating to the evalua- 8 tion and counseling or other treatment of such persons, including the payment 9 of the costs of evaluating and counseling or other treatment of an indigent 10 defendant. No provision of chapter 52, title 39, Idaho Code, shall apply to 11 the moneys provided for in this subsection. 12 (r) In consideration of the aforesaid fees the clerk of the district 13 court shall be required to perform all lawful service that may be required of 14 him by any party thereto; provided, that he shall not prepare and furnish any 15 certified copy of any file or record in an action except printed transcript on 16 appeal, without additional compensation as provided by law. 17 SECTION 3. That Section 31-3201B, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 31-3201B. PEACE OFFICERS STANDARDS AND TRAINING -- FEE. The court shall 20 charge a fee ofsixten dollars ($610.00) for peace officers standards and 21 training purposes to be paid by each person found guilty of any felony or mis- 22 demeanor, or found to have committed an infraction or any minor traffic, con- 23 servation or ordinance violation, except for cars unlawfully left or parked or 24 when the court orders such fee waived because the person is indigent and 25 unable to pay such fee; provided, however, that the judge or magistrate may in 26 his discretion consolidate separate nonmoving traffic offenses into one (1) 27 offense for purposes of assessing such fee. Such fees shall be in addition to 28 all other fines and fees levied. Such fees shall be paid to the county trea- 29 surer who shall, within five (5) days after the end of the month, pay such 30 feesintoto the state treasurer for deposit in the peace officers standards 31 and trainingaccountfund.
STATEMENT OF PURPOSE RS 14594 This proposal amends Idaho Code sections 19-4705 (c) - (h), 31- 3201A(p) and 31-3201B to alter distribution of fines and forfeiture funds currently allocated between the general fund and the Peace Officer Standards and Training (POST) fund. In sections 19-4705(c)-(h) and 31-3201A(p) the allocation of funds to the general fund from fines is reduced by 4%, while the allocation to the POST fund is increased by 4%. In section 31-3201B the fee assessed by the court from certain offenders to be distributed to the POST account, is increased from six dollars ($6.00) to ten dollars ($10.00). The fine and fee adjustments will provide adequate funding for the increase in POST's expenses related to providing training for Department of Correction personnel, and maintaining the new training facility authorized in FY2002. FISCAL NOTE The amendments to Idaho Code sections 19-4705 (c) (h) and 31- 3201A(p) move 4% of funds derived from certain vehicle-related fines and forfeitures from the general fund to the POST fund, representing approximately two hundred eighty thousand dollars ($280,000) based on FY2004 figures. The amendment to Idaho Code section 31-3201B will generate an additional eight hundred sixty-six thousand, eight hundred dollars ($866,800) into the POST fund (estimate based on FY2004 activity). The total fiscal impact into the POST fund is estimated to be $1.1 million. Contact Name: Senator Darrington Phone: 332-1318 STATEMENT OF PURPOSE/FISCAL NOTE S 1054