View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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
]]]] 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
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