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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 eighteenthirty-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 teenthirty-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 eighteenthirty-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 eighteenthirty-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 eighteenthirty-two dollars ($ 1832.00); for filing a petition for rehearing, 41 the additional sum of tentwenty-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 tentwenty-four dollars ($ 1024.00); for filing appeals from the industrial 2 1 accident board, the additional sum of fivenineteen 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 centseven 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 centten 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