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|
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.
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
Legislative Services, Budget & Policy Analysis, 334-4739
|Statement of Purpose/Fiscal Note||Bill No. H396|