2005 Legislation
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HOUSE BILL NO. 396 – Approp, commissionrs/judges, salary

HOUSE BILL NO. 396

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


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.

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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.

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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