2006 Legislation
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SENATE BILL NO. 1408 – Civil actions/appeals/fee increased

SENATE BILL NO. 1408

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Bill Status



S1408................................................by JUDICIARY AND RULES
CIVIL ACTIONS - Amends existing law relating to judges' retirement and
compensation to increase fees in civil actions and appeals; and to increase
the percentage of salary deductions and fund contributions.
                                                                        
02/20    Senate intro - 1st rdg - to printing
02/21    Rpt prt - to Jud
02/28    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Malepeai, Stennett
    Floor Sponsor - Bunderson
    Title apvd - to House
03/07    House intro - 1st rdg - to Jud
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/23    3rd rdg - FAILED - 34-34-2
      AYES -- Anderson, Bastian, Bilbao, Block, Boe, Bolz, Bradford, Deal,
      Ellsworth, Eskridge, Field(18), Field(23), Henbest, Jaquet, Kemp,
      LeFavour, Martinez, McGeachin, Miller, Nielsen, Pasley-Stuart, Pence,
      Raybould, Ring, Ringo, Rusche, Sayler, Shepherd(2), Shirley, Skippen,
      Smith(30), Trail, Wills, Mr. Speaker
      NAYS -- Andrus, Barraclough, Barrett, Bayer, Bedke, Bell, Brackett,
      Cannon, Chadderdon, Clark, Collins, Crow, Edmunson, Garrett, Hart,
      Harwood, Henderson, Lake, Loertscher, Mathews, McKague, Mitchell,
      Moyle, Nonini, Roberts, Rydalch, Sali, Schaefer, Shepherd(8),
      Smith(24), Smylie, Snodgrass, Stevenson, Wood
      Absent and excused -- Black, Denney
    Floor Sponsor - Ellsworth
    Held for reconsideration
    Motion to reconsider FAILED
    Ret'd to Senate
    Filed in Office of the Secretary of Senate

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1408
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO JUDGES' RETIREMENT  AND  COMPENSATION;  AMENDING  SECTION  1-2003,
  3        IDAHO  CODE,  TO  INCREASE  FEES  IN CIVIL ACTIONS AND APPEALS AND TO MAKE
  4        TECHNICAL  CORRECTIONS;  AND  AMENDING  SECTION  1-2004,  IDAHO  CODE,  TO
  5        INCREASE THE PERCENTAGES OF SALARY DEDUCTIONS AND FUND  CONTRIBUTIONS  AND
  6        TO MAKE TECHNICAL CORRECTIONS.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section  1-2003, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        1-2003.  ADDITIONAL FEES IN CIVIL ACTIONS AND APPEALS. (a) In addition  to
 11    the  fees  and charges to be collected by the clerks of the district courts of
 12    the state and by other persons authorized by rule or administrative  order  of
 13    the  Ssupreme  Ccourt  as  now  or  hereafter provided by law, such clerks and
 14    authorized persons are directed to charge and collect the  additional  sum  of
 15    eighteen  thirty-two  dollars ($1832.00) for filing a civil case or proceeding
 16    of any type in the district court or magistrate's  division  of  the  district
 17    court  including  cases  involving  the  administration of decedents' estates,
 18    whether testate or intestate, conservatorships of the person or of the  estate
 19    or  both and guardianships of the person or of the estate or both, except that
 20    no fee shall be charged  or  collected  for  filing  a  proceeding  under  the
 21    Ssummary  Aadministration of Ssmall Eestates Aact. The additional sum of eigh-
 22    teen thirty-two dollars ($1832.00) shall also be  collected  from  any  party,
 23    except the plaintiff, making an appearance in any civil action in the district
 24    court,  but  such eighteen thirty-two dollars ($1832.00) fee shall not be col-
 25    lected from the person making an appearance in  civil  actions  filed  in  the
 26    small claims departments of the district court.
 27        (b)  The  sum of eighteen thirty-two dollars ($1832.00) shall also be col-
 28    lected:
 29        (1)  fFrom an intervenor in an action;
 30        (2)  fFrom a party who files a third party claim;
 31        (3)  fFrom a party who files a cross claim;
 32        (4)  fFrom a party appealing from the magistrate's division  of  the  dis-
 33        trict court to the district court;
 34        (5)  fFrom a party appealing the decision of any commission, board or body
 35        to the district court.
 36        (c)  The clerk of the Ssupreme Ccourt is authorized and directed to charge
 37    and  collect,  in  addition to the fees now prescribed by law and as a part of
 38    the cost of filing the transcript on appeal in any civil case  or  proceeding,
 39    other  than  criminal,  appealed to the Ssupreme Ccourt, the additional sum of
 40    eighteen thirty-two dollars ($1832.00); for filing a petition  for  rehearing,
 41    the additional sum of ten twenty-four dollars ($1024.00); for filing an appli-
 42    cation  for  any writ for which a fee is now prescribed, the additional sum of
 43    ten twenty-four dollars ($1024.00); for filing  appeals  from  the  industrial
                                                                        
                                           2
                                                                        
  1    accident board, the additional sum of five nineteen dollars ($519.00).
  2        (d)  The  clerks  of  the  district  courts, persons authorized by rule or
  3    administrative order of the Ssupreme Ccourt and  the  clerk  of  the  Ssupreme
  4    Ccourt  are  directed  and  required  to remit all additional charges and fees
  5    authorized by this section and collected during a calendar month, to the state
  6    treasurer within five (5) days after the end of the month in which  such  fees
  7    were  collected.  The state treasurer shall place all such sums in the judges'
  8    retirement fund.
                                                                        
  9        SECTION 2.  That Section 1-2004, Idaho Code, be, and the  same  is  hereby
 10    amended to read as follows:
                                                                        
 11        1-2004.  DEDUCTIONS  FROM SALARIES OF JUSTICES AND JUDGES -- CONTRIBUTIONS
 12    TO FUND. The state controller shall deduct from the  monthly  compensation  of
 13    each  justice  and judge now holding office, and from the monthly compensation
 14    of each person who shall thereafter assume  by  election  or  appointment  the
 15    office  of a justice of the Ssupreme Ccourt or a judge of a district court, an
 16    amount equal to six per cent seven and sixty-five hundredths percent  (67.65%)
 17    of his monthly compensation, and shall issue to such justice or judge a salary
 18    warrant  in  such  reduced  amount,  and  shall pay the withheld sums into the
 19    judges' retirement fund; provided, however, that after twenty  (20)  years  of
 20    service   no deductions shall be taken from a judge's compensation for payment
 21    to the judges' retirement fund. Between the first and twentieth  day  of  each
 22    month, the Ssupreme Ccourt shall, from appropriations made for that purpose as
 23    part  of  the employer's contribution, remit to the judges' retirement fund an
 24    amount equal to seven  per  cent  ten  and  seventy-three  hundredths  percent
 25    (710.73%)  of  salaries  paid during the previous month to justices and judges
 26    who are making contributions to the judges' retirement fund.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15894

     This bill would address the unfunded liability of the
Judges' Retirement Fund.  This retirement plan is funded by civil
filing fees, member contributions and employer contributions, as
well as a return on invested assets.  According to actuarial
reports, the Fund showed a positive assets-to-liability ratio
through June of 2001.  The downturn following the attacks of
September 11, 2001, however, caused a 25 percent loss in value
and a consequent unfunded liability.  Although there has been a
reduction in the unfunded liability over the past few years, it
still stands at approximately $7.5 million.  There is now a
negative cash flow; the annual filing fees and contributions are
less than retirement payments and expenses.
     This bill encompasses a 15-year plan to eliminate the
unfunded liability.  It would increase the filing fee deposited
in the fund by $14, from $18 to $32.  This would be the first
increase in this fee since 1990.  Also, employee contributions
would be increased from 6 percent to 7.65 percent; employer's
contributions would be increased from 7 percent to 10.73 percent,
the current PERSI (class 2) rate.


                           FISCAL NOTE

     The employer's contribution to the Judges' Retirement Fund,
paid with general fund money, would increase by approximately
$179,000, from $335,900 to $514,900.  The employees' contribution
to the Fund would increase by approximately $79,200, from
$287,900 to $367,100.  The filing fees paid into the Fund would
increase by approximately $1,190,000, from $1,530,000 to 
$2,720,000.


 
Contact
Name: Patti Tobias, Administrative Director of the Courts 
Phone: 334-2246


STATEMENT OF PURPOSE/FISCAL NOTE             S 1408