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S1409aa..............................................by JUDICIARY AND RULES
SENIOR MAGISTRATE JUDGES FUND - Adds to and amends existing law relating to
the courts to establish the Senior Magistrate Judges Fund to enable the
Idaho Supreme Court to purchase membership service in the Public Employee
Retirement System of Idaho for certain retiring magistrate judges; to
authorize the Idaho Supreme Court to adopt rules; to provide for the
accumulation and investment of moneys in the fund; to increase court fees;
to provide for the deposit of fees into the senior magistrate judges fund;
and to provide application.
02/20 Senate intro - 1st rdg - to printing
02/21 Rpt prt - to Jud
02/28 Rpt out - to 14th Ord
Rpt out amen - to engros
03/01 Rpt engros - 1st rdg - to 2nd rdg as amen
03/02 2nd rdg - to 3rd rdg as amen
03/07 3rd rdg as amen - PASSED - 34-0-1
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron,
Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Burtenshaw
Floor Sponsor - Darrington
Title apvd - to House
03/08 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 - PASSED - 47-21-2
AYES -- Anderson, Bastian, Bell, Bilbao, Block, Boe, Bolz, Brackett,
Bradford, Cannon, Chadderdon, Clark, Collins, Deal, Edmunson,
Ellsworth, Eskridge, Field(18), Field(23), Hart, Henderson, Jaquet,
Kemp, LeFavour, Martinez, McGeachin, Miller, Mitchell, Nielsen,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Rusche, Rydalch, Sayler,
Schaefer, Shepherd(2), Shirley, Skippen, Smith(30), Smith(24),
Snodgrass, Trail, Wills, Mr. Speaker
NAYS -- Andrus, Barraclough, Barrett, Bayer, Bedke, Crow, Garrett,
Harwood, Henbest, Lake, Loertscher, Mathews, McKague, Moyle, Nonini,
Roberts, Sali, Shepherd(8), Smylie, Stevenson, Wood
Absent and excused -- Black, Denney
Floor Sponsor - Clark
Title apvd - to Senate
03/24 To enrol
03/27 Rpt enrol - Pres signed
03/28 Sp signed
03/29 To Governor
03/30 Governor signed
Session Law Chapter 267
Effective: 07/01/06 for all full-time
magistrates retiring on or after 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1409
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO COURTS; AMENDING CHAPTER 22, TITLE 1, IDAHO CODE, BY THE ADDITION
3 OF A NEW SECTION 1-2224, IDAHO CODE, TO ESTABLISH THE SENIOR MAGISTRATE
4 JUDGES FUND TO ENABLE THE IDAHO SUPREME COURT TO PURCHASE MEMBERSHIP SER-
5 VICE IN THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO FOR CERTAIN RETIR-
6 ING MAGISTRATE JUDGES, TO AUTHORIZE THE IDAHO SUPREME COURT TO ADOPT RULES
7 AND TO PROVIDE FOR THE ACCUMULATION AND INVESTMENT OF MONEYS IN THE FUND;
8 AMENDING SECTION 31-3201A, IDAHO CODE, TO INCREASE COURT FEES AND TO PRO-
9 VIDE FOR THE DEPOSIT OF FEES; PROVIDING AN EFFECTIVE DATE AND PROVIDING
10 APPLICATION.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Chapter 22, Title 1, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
14 ignated as Section 1-2224, Idaho Code, and to read as follows:
15 1-2224. SENIOR MAGISTRATE JUDGES FUND. (1) There is hereby created in the
16 office of the state treasurer, separate and apart from other funds of the
17 state, a dedicated fund to be known as the senior magistrate judges fund.
18 Moneys deposited into the fund pursuant to section 31-3201A, Idaho Code,
19 shall, subject to appropriation, be used by the Idaho supreme court to pur-
20 chase up to a maximum of forty-eight (48) months of membership service in the
21 public employee retirement system of Idaho under section 59-1363, Idaho Code,
22 for retiring magistrate judges of the district court who hold office under the
23 provisions of chapter 22, title 1, Idaho Code, at the time of their retire-
24 ment. The supreme court's purchase of membership service in the public
25 employee retirement system of Idaho under this section shall also be
26 restricted by any applicable purchase limits established by the public
27 employee retirement system of Idaho or by the United States internal revenue
28 service relating to a person's three (3) year average salary at the time of
29 retirement.
30 (2) The actual number of months of membership service the supreme court
31 may purchase on behalf of a person shall be based upon the period of full-time
32 service provided to the judicial department by that person prior to retirement
33 and the person's willingness to perform service as a senior judge if he or she
34 is designated a senior judge by the supreme court pursuant to section 1-2005
35 or 1-2221, Idaho Code.
36 (3) The supreme court may adopt rules for the application and implementa-
37 tion of subsections (1) and (2) of this section including, but not limited to,
38 establishing eligibility requirements and a formula, criteria and procedures
39 for determining the number of months of membership service the court will pur-
40 chase on behalf of a person.
41 (4) Moneys deposited into the fund may be allowed to accumulate from year
42 to year for the purposes set forth in this section, and all interest earned on
43 the investment of idle moneys in the fund by the state treasurer shall be
2
1 returned to the fund.
2 SECTION 2. That Section 31-3201A, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 31-3201A. COURT FEES. The clerk of the district court in addition to the
5 fees and charges imposed by chapter 20, title 1, Idaho Code, and in addition
6 to the fee levied by chapter 2, title 73, Idaho Code, shall charge, demand and
7 receive the following fees for services rendered by him in discharging the
8 duties imposed upon him by law;
9 (a) A fee of forty-four fifty dollars ($4450.00) for filing a civil case
10 of any type in the district court or in the magistrate's division of the dis-
11 trict court including cases involving the administration of decedents'
12 estates, whether testate or intestate, and conservatorships of the person or
13 of the estate or both with the following exceptions:
14 The filing fee shall be twenty-twoeight dollars ($228.00) in each case
15 where the amount of money or damages or the value of personal property claimed
16 does not exceed three hundred dollars ($300). The filing fee shall be twenty-
17 four thirty dollars ($2430.00) in the following types of cases:
18 (1) Where the amount of money or damages or the value of personal prop-
19 erty claimed exceeds three hundred dollars ($300) but does not exceed one
20 thousand dollars ($1,000);
21 (2) Where a case is brought for forcible or unlawful entry or detainer
22 whether brought for rent or possession or both and regardless of the
23 amount;
24 (3) Where a case is brought under chapter 20, title 16, Idaho Code, for
25 the termination of parent-child relationship;
26 (4) Where a case is brought under chapter 2, title 32, Idaho Code, for
27 permission to marry;
28 (5) Where a case involving the administration of a decedent's estate is
29 brought under the summary administration of small estates act;
30 (6) In cases where a court order is issued only for a certain specific
31 reason other than the administering of an estate, including, but not lim-
32 ited to, proceedings brought under sections 14-114, 15-514, 15-1401,
33 15-1518 and/or 15-1709, Idaho Code, or for some specific reason;
34 (7) In cases brought to determine heirship without administration;
35 (8) In cases brought to determine inheritance or transfer tax;
36 (9) In proceedings brought for adoption;
37 (10) In proceedings brought for letters of guardianship of the person or
38 of the estate or both.
39 No filing fee shall be charged in the following types of cases:
40 (1) In cases brought under chapter 3, title 66, Idaho Code, for commit-
41 ment of mentally ill persons;
42 (2) In cases brought under the juvenile corrections act;
43 (3) In cases brought under the child protective act.
44 In all cases in which a filing fee of forty-four fifty dollars ($4450.00)
45 is paid, seventeen dollars ($17.00) of such filing fee shall be paid to the
46 county treasurer for deposit in the district court fund of the county; ten
47 dollars ($10.00) of such filing fee shall be paid to the county treasurer who
48 shall, within five (5) days after the end of the month, pay such fees to the
49 state treasurer for deposit into the ISTARS technology fund; and seventeen
50 dollars ($17.00) of such filing fee shall be paid to the county treasurer who
51 shall pay such fees to the state treasurer for deposit in accordance with sub-
52 section (p) of this section; and six dollars ($6.00) of such filing fee shall
53 be paid to the county treasurer who shall, within five (5) days after the end
3
1 of the month, pay such fees to the state treasurer for deposit in the senior
2 magistrate judges fund. In all cases in which a filing fee of twenty-four
3 thirty dollars ($2430.00) is paid, four dollars ($4.00) of such filing fee
4 shall be paid to the county treasurer for deposit in the district court fund
5 of the county; ten dollars ($10.00) of such filing fee shall be paid to the
6 county treasurer who shall, within five (5) days after the end of the month,
7 pay such fees to the state treasurer for deposit into the ISTARS technology
8 fund; and ten dollars ($10.00) of such filing fee shall be paid to the county
9 treasurer who shall pay such fees to the state treasurer for deposit in accor-
10 dance with subsection (p) of this section; and six dollars ($6.00) of such
11 filing fee shall be paid to the county treasurer who shall, within five (5)
12 days after the end of the month, pay such fees to the state treasurer for
13 deposit in the senior magistrate judges fund. In all cases in which a filing
14 fee of twenty-twoeight dollars ($228.00) is paid, three dollars ($3.00) of
15 such filing fee shall be paid to the county treasurer for deposit in the dis-
16 trict court fund of the county; ten dollars ($10.00) of such filing fee shall
17 be paid to the county treasurer who shall, within five (5) days after the end
18 of the month, pay such fees to the state treasurer for deposit into the ISTARS
19 technology fund; and nine dollars ($9.00) of such filing fee shall be paid to
20 the county treasurer who shall pay such fees to the state treasurer for
21 deposit in accordance with subsection (p) of this section; and six dollars
22 ($6.00) of such filing fee shall be paid to the county treasurer who shall,
23 within five (5) days after the end of the month, pay such fees to the state
24 treasurer for deposit in the senior magistrate judges fund.
25 (b) A fee of seventeen dollars and fifty cents ($17.50) shall be paid,
26 but not in advance, by each person found guilty of any felony or misdemeanor,
27 except when the court orders such fee waived because the person is indigent
28 and unable to pay such fee. If the magistrate court facilities are provided by
29 the county, five dollars ($5.00) of such fee shall be paid to the county trea-
30 surer for deposit in the district court fund of the county; and twelve dollars
31 and fifty cents ($12.50) of such fee shall be paid to the county treasurer who
32 shall pay such fees to the state treasurer for deposit in accordance with sub-
33 section (p) of this section. If the magistrate court facilities are provided
34 by a city, five dollars ($5.00) of such fee shall be paid to the city trea-
35 surer for deposit in the city general fund, two dollars and fifty cents
36 ($2.50) of such fee shall be paid to the city treasurer for deposit in the
37 city capital facilities fund for the construction, remodeling and support of
38 magistrates court facilities, and ten dollars ($10.00) of such fee shall be
39 paid to the county treasurer who shall pay such fees to the state treasurer
40 for deposit in accordance with subsection (p) of this section.
41 (c) A fee of sixteen dollars and fifty cents ($16.50) shall be paid, but
42 not in advance, by each person found to have committed an infraction or any
43 minor traffic, conservation or ordinance violation; provided that the judge or
44 magistrate may in his or her discretion consolidate separate nonmoving traffic
45 offenses into one (1) offense for purposes of assessing such fee. If the mag-
46 istrate court facilities are provided by the county, five dollars ($5.00) of
47 such fee shall be paid to the county treasurer for deposit in the district
48 court fund of the county; and eleven dollars and fifty cents ($11.50) of such
49 fee shall be paid to the county treasurer, who shall pay such fees to the
50 state treasurer for deposit in accordance with subsection (p) of this section.
51 If the magistrate court facilities are provided by a city, five dollars
52 ($5.00) of such fee shall be paid to the city treasurer for deposit in the
53 city general fund, two dollars and fifty cents ($2.50) of such fee shall be
54 paid to the city treasurer for deposit in the city capital facilities fund for
55 the construction, remodeling and support of magistrate court facilities, and
4
1 nine dollars ($9.00) of such fee shall be paid to the county treasurer who
2 shall pay such fees to the state treasurer for deposit in accordance with sub-
3 section (p) of this section.
4 (d) A fee of twenty-four thirty dollars ($2430.00) shall be paid by any
5 party, except the plaintiff, making an appearance in any civil action in the
6 district court or in the magistrate's division of the district court. Of such
7 fee, four dollars ($4.00) shall be paid to the county treasurer for deposit in
8 the district court fund of the county; ten dollars ($10.00) of such fee shall
9 be paid to the county treasurer who shall, within five (5) days after the end
10 of the month, pay such fees to the state treasurer for deposit into the ISTARS
11 technology fund; and ten dollars ($10.00) of such fee shall be paid to the
12 county treasurer who shall pay such fees to the state treasurer for deposit in
13 accordance with subsection (p) of this section; and six dollars ($6.00) of
14 such fee shall be paid to the county treasurer who shall, within five (5) days
15 after the end of the month, pay such fees to the state treasurer for deposit
16 in the senior magistrate judges fund.
17 (e) A fee of nine dollars ($9.00) shall be paid by the person or persons
18 required to make an account pursuant to either chapter 11 or chapter 18, title
19 15, Idaho Code, at the time such account is filed. All of such fee shall be
20 paid to the county treasurer for deposit in the district court fund of the
21 county.
22 (f) A fee of nineteen twenty-five dollars ($1925.00) shall be paid upon
23 the filing of a petition of the executor or administrator or of any person
24 interested in an estate for the distribution of such estate, six dollars
25 ($6.00) of such fee shall be paid to the county treasurer for deposit in the
26 district court fund of the county; and thirteen dollars ($13.00) of such fee
27 shall be paid to the county treasurer who shall pay such fees to the state
28 treasurer for deposit in accordance with subsection (p) of this section; and
29 six dollars ($6.00) of such fee shall be paid to the county treasurer who
30 shall, within five (5) days after the end of the month, pay such fees to the
31 state treasurer for deposit in the senior magistrate judges fund.
32 (g) A fee of seven thirteen dollars ($713.00) shall be paid by an inter-
33 venor upon making an appearance in any civil action in the district court or
34 in the magistrate's division of the district court. All Seven dollars ($7.00)
35 of such fee shall be paid to the county treasurer for deposit in the district
36 court fund of the county; and six dollars ($6.00) of such fee shall be paid to
37 the county treasurer who shall, within five (5) days after the end of the
38 month, pay such fees to the state treasurer for deposit in the senior magis-
39 trate judges fund.
40 (h) A fee of eight fourteen dollars ($814.00) shall be paid by a party
41 filing a third party claim as defined in the Idaho Rules of Civil Procedure.
42 All Eight dollars ($8.00) of such fee shall be paid to the county treasurer
43 for deposit in the district court fund of the county; and six dollars ($6.00)
44 of such fee shall be paid to the county treasurer who shall, within five (5)
45 days after the end of the month, pay such fees to the state treasurer for
46 deposit in the senior magistrate judges fund.
47 (i) A fee of eight fourteen dollars ($814.00) shall be paid by any party
48 filing a cross-claim. All Eight dollars ($8.00) of such fee shall be paid to
49 the county treasurer for deposit in the district court fund of the county; and
50 six dollars ($6.00) of such fee shall be paid to the county treasurer who
51 shall, within five (5) days after the end of the month, pay such fees to the
52 state treasurer for deposit in the senior magistrate judges fund.
53 (j) A fee of nine dollars ($9.00) shall be paid by a party initiating a
54 change of venue. Such fee shall be paid to the clerk of the court of the
55 county to which venue is changed. All of such fee shall be paid to the county
5
1 treasurer for deposit in the district court fund of the county.
2 (k) A fee of nine fifteen dollars ($915.00) shall be paid by any party
3 appearing after judgment or applying to reopen a case. All Nine dollars
4 ($9.00) of such fee shall be paid to the county treasurer for deposit in the
5 district court fund of the county; and six dollars ($6.00) of such fee shall
6 be paid to the county treasurer who shall, within five (5) days after the end
7 of the month, pay such fees to the state treasurer for deposit in the senior
8 magistrate judges fund. A fee of thirty-twoeight dollars ($328.00) shall be
9 paid by a party applying to reopen a divorce action or modify a divorce
10 decree, with all seventeen dollars ($17.00) of the fee to be distributed in
11 the same manner as the fee provided for in subsection (a) of this section is
12 distributed paid to the county treasurer for deposit in the district court
13 fund of the county; fifteen dollars ($15.00) of such fee to be paid to the
14 county treasurer who shall pay such fees to the state treasurer for deposit in
15 accordance with subsection (p) of this section; and six dollars ($6.00) of
16 such fee to be paid to the county treasurer who shall, within five (5) days
17 after the end of the month, pay such fees to the state treasurer for deposit
18 in the senior magistrate judges fund.
19 (l) A fee of nine fifteen dollars ($915.00) shall be paid by a party tak-
20 ing an appeal from the magistrate's division of the district court to the dis-
21 trict court; and six dollars of such fee shall be paid to the county treasurer
22 who shall, within five (5) days after the end of the month, pay such fees to
23 the state treasurer for deposit in the senior magistrate judges fund. No addi-
24 tional fee shall be required if a new trial is granted. All of such fee shall
25 be paid to the county treasurer for deposit in the district court fund of the
26 county.
27 (m) A fee of nine fifteen dollars ($915.00) shall be paid by the party
28 taking an appeal from the district court to the supreme court for comparing
29 and certifying the transcript on appeal, if such certificate is required. All
30 Nine dollars ($9.00) of such fee shall be paid to the county treasurer for
31 deposit in the district court fund of the county; and six dollars ($6.00) of
32 such fee shall be paid to the county treasurer who shall, within five (5) days
33 after the end of the month, pay such fees to the state treasurer for deposit
34 in the senior magistrate judges fund.
35 (n) Fees not covered by this section shall be set by rule or administra-
36 tive order of the supreme court.
37 (o) All fees required to be paid by this section or by rule or adminis-
38 trative order of the supreme court shall be collected by the clerk of the dis-
39 trict court or by a person appointed by the clerk of the district court for
40 this purpose. If it appears that there is a necessity for such fees to be col-
41 lected by persons other than the clerk of the district court or a person des-
42 ignated by the clerk for such purpose, the supreme court by rule or adminis-
43 trative order may provide for the designation of persons authorized to receive
44 such fees. Persons so designated shall account for such fees in the same man-
45 ner required of the clerk of the district court and shall pay such fees to the
46 clerk of the district court of the county in which such fees are collected.
47 (p) That portion of the filing fees required to be remitted to the state
48 treasurer for deposit pursuant to subsections (a), (b), (c), (d) and (f) of
49 this section shall be apportioned eighty-six percent (86%) to the state gen-
50 eral fund and fourteen percent (14%) to the peace officers standards and
51 training fund authorized in section 19-5116, Idaho Code, within five (5) days
52 after the end of the month in which such fees were remitted to the county
53 treasurer. That portion of the filing fees required to be remitted to a city
54 treasurer for deposit in the city's general fund shall be remitted within five
55 (5) days after the end of the month in which such fees were remitted to the
6
1 county treasurer.
2 (q) Of the fees derived from the filing of any divorce action required to
3 be transmitted to the state treasurer, the county treasurer shall retain five
4 dollars ($5.00), which shall be separately identified and deposited in the
5 district court fund of the county. Such moneys shall be used exclusively for
6 the purpose of establishing a uniform system of qualifying and approving per-
7 sons, agencies or organizations to conduct evaluations of persons convicted of
8 domestic assault or battery as provided in section 18-918, Idaho Code, and the
9 administration of section 18-918(7), Idaho Code, relating to the evaluation
10 and counseling or other treatment of such persons, including the payment of
11 the costs of evaluating and counseling or other treatment of an indigent
12 defendant. No provision of chapter 52, title 39, Idaho Code, shall apply to
13 the moneys provided for in this subsection.
14 (r) In consideration of the aforesaid fees the clerk of the district
15 court shall be required to perform all lawful service that may be required of
16 him by any party thereto; provided, that he shall not prepare and furnish any
17 certified copy of any file or record in an action except printed transcript on
18 appeal, without additional compensation as provided by law.
19 SECTION 3. This act shall be in full force and effect on and after July
20 1, 2006, and shall apply only to full-time magistrate judges who retire on or
21 after July 1, 2006.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by Darrington
Seconded by Bunderson
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1409
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, delete lines 26 through 29 and insert:
3 "restricted by any applicable limits and requirements established by the pub-
4 lic employee retirement system of Idaho and by the United States internal rev-
5 enue service.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1409, As Amended
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO COURTS; AMENDING CHAPTER 22, TITLE 1, IDAHO CODE, BY THE ADDITION
3 OF A NEW SECTION 1-2224, IDAHO CODE, TO ESTABLISH THE SENIOR MAGISTRATE
4 JUDGES FUND TO ENABLE THE IDAHO SUPREME COURT TO PURCHASE MEMBERSHIP SER-
5 VICE IN THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO FOR CERTAIN RETIR-
6 ING MAGISTRATE JUDGES, TO AUTHORIZE THE IDAHO SUPREME COURT TO ADOPT RULES
7 AND TO PROVIDE FOR THE ACCUMULATION AND INVESTMENT OF MONEYS IN THE FUND;
8 AMENDING SECTION 31-3201A, IDAHO CODE, TO INCREASE COURT FEES AND TO PRO-
9 VIDE FOR THE DEPOSIT OF FEES; PROVIDING AN EFFECTIVE DATE AND PROVIDING
10 APPLICATION.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Chapter 22, Title 1, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
14 ignated as Section 1-2224, Idaho Code, and to read as follows:
15 1-2224. SENIOR MAGISTRATE JUDGES FUND. (1) There is hereby created in the
16 office of the state treasurer, separate and apart from other funds of the
17 state, a dedicated fund to be known as the senior magistrate judges fund.
18 Moneys deposited into the fund pursuant to section 31-3201A, Idaho Code,
19 shall, subject to appropriation, be used by the Idaho supreme court to pur-
20 chase up to a maximum of forty-eight (48) months of membership service in the
21 public employee retirement system of Idaho under section 59-1363, Idaho Code,
22 for retiring magistrate judges of the district court who hold office under the
23 provisions of chapter 22, title 1, Idaho Code, at the time of their retire-
24 ment. The supreme court's purchase of membership service in the public
25 employee retirement system of Idaho under this section shall also be
26 restricted by any applicable limits and requirements established by the public
27 employee retirement system of Idaho and by the United States internal revenue
28 service.
29 (2) The actual number of months of membership service the supreme court
30 may purchase on behalf of a person shall be based upon the period of full-time
31 service provided to the judicial department by that person prior to retirement
32 and the person's willingness to perform service as a senior judge if he or she
33 is designated a senior judge by the supreme court pursuant to section 1-2005
34 or 1-2221, Idaho Code.
35 (3) The supreme court may adopt rules for the application and implementa-
36 tion of subsections (1) and (2) of this section including, but not limited to,
37 establishing eligibility requirements and a formula, criteria and procedures
38 for determining the number of months of membership service the court will pur-
39 chase on behalf of a person.
40 (4) Moneys deposited into the fund may be allowed to accumulate from year
41 to year for the purposes set forth in this section, and all interest earned on
42 the investment of idle moneys in the fund by the state treasurer shall be
43 returned to the fund.
2
1 SECTION 2. That Section 31-3201A, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 31-3201A. COURT FEES. The clerk of the district court in addition to the
4 fees and charges imposed by chapter 20, title 1, Idaho Code, and in addition
5 to the fee levied by chapter 2, title 73, Idaho Code, shall charge, demand and
6 receive the following fees for services rendered by him in discharging the
7 duties imposed upon him by law;
8 (a) A fee of forty-four fifty dollars ($4450.00) for filing a civil case
9 of any type in the district court or in the magistrate's division of the dis-
10 trict court including cases involving the administration of decedents'
11 estates, whether testate or intestate, and conservatorships of the person or
12 of the estate or both with the following exceptions:
13 The filing fee shall be twenty-twoeight dollars ($228.00) in each case
14 where the amount of money or damages or the value of personal property claimed
15 does not exceed three hundred dollars ($300). The filing fee shall be twenty-
16 four thirty dollars ($2430.00) in the following types of cases:
17 (1) Where the amount of money or damages or the value of personal prop-
18 erty claimed exceeds three hundred dollars ($300) but does not exceed one
19 thousand dollars ($1,000);
20 (2) Where a case is brought for forcible or unlawful entry or detainer
21 whether brought for rent or possession or both and regardless of the
22 amount;
23 (3) Where a case is brought under chapter 20, title 16, Idaho Code, for
24 the termination of parent-child relationship;
25 (4) Where a case is brought under chapter 2, title 32, Idaho Code, for
26 permission to marry;
27 (5) Where a case involving the administration of a decedent's estate is
28 brought under the summary administration of small estates act;
29 (6) In cases where a court order is issued only for a certain specific
30 reason other than the administering of an estate, including, but not lim-
31 ited to, proceedings brought under sections 14-114, 15-514, 15-1401,
32 15-1518 and/or 15-1709, Idaho Code, or for some specific reason;
33 (7) In cases brought to determine heirship without administration;
34 (8) In cases brought to determine inheritance or transfer tax;
35 (9) In proceedings brought for adoption;
36 (10) In proceedings brought for letters of guardianship of the person or
37 of the estate or both.
38 No filing fee shall be charged in the following types of cases:
39 (1) In cases brought under chapter 3, title 66, Idaho Code, for commit-
40 ment of mentally ill persons;
41 (2) In cases brought under the juvenile corrections act;
42 (3) In cases brought under the child protective act.
43 In all cases in which a filing fee of forty-four fifty dollars ($4450.00)
44 is paid, seventeen dollars ($17.00) of such filing fee shall be paid to the
45 county treasurer for deposit in the district court fund of the county; ten
46 dollars ($10.00) of such filing fee shall be paid to the county treasurer who
47 shall, within five (5) days after the end of the month, pay such fees to the
48 state treasurer for deposit into the ISTARS technology fund; and seventeen
49 dollars ($17.00) of such filing fee shall be paid to the county treasurer who
50 shall pay such fees to the state treasurer for deposit in accordance with sub-
51 section (p) of this section; and six dollars ($6.00) of such filing fee shall
52 be paid to the county treasurer who shall, within five (5) days after the end
53 of the month, pay such fees to the state treasurer for deposit in the senior
54 magistrate judges fund. In all cases in which a filing fee of twenty-four
3
1 thirty dollars ($2430.00) is paid, four dollars ($4.00) of such filing fee
2 shall be paid to the county treasurer for deposit in the district court fund
3 of the county; ten dollars ($10.00) of such filing fee shall be paid to the
4 county treasurer who shall, within five (5) days after the end of the month,
5 pay such fees to the state treasurer for deposit into the ISTARS technology
6 fund; and ten dollars ($10.00) of such filing fee shall be paid to the county
7 treasurer who shall pay such fees to the state treasurer for deposit in accor-
8 dance with subsection (p) of this section; and six dollars ($6.00) of such
9 filing fee shall be paid to the county treasurer who shall, within five (5)
10 days after the end of the month, pay such fees to the state treasurer for
11 deposit in the senior magistrate judges fund. In all cases in which a filing
12 fee of twenty-twoeight dollars ($228.00) is paid, three dollars ($3.00) of
13 such filing fee shall be paid to the county treasurer for deposit in the dis-
14 trict court fund of the county; ten dollars ($10.00) of such filing fee shall
15 be paid to the county treasurer who shall, within five (5) days after the end
16 of the month, pay such fees to the state treasurer for deposit into the ISTARS
17 technology fund; and nine dollars ($9.00) of such filing fee shall be paid to
18 the county treasurer who shall pay such fees to the state treasurer for
19 deposit in accordance with subsection (p) of this section; and six dollars
20 ($6.00) of such filing fee shall be paid to the county treasurer who shall,
21 within five (5) days after the end of the month, pay such fees to the state
22 treasurer for deposit in the senior magistrate judges fund.
23 (b) A fee of seventeen dollars and fifty cents ($17.50) shall be paid,
24 but not in advance, by each person found guilty of any felony or misdemeanor,
25 except when the court orders such fee waived because the person is indigent
26 and unable to pay such fee. If the magistrate court facilities are provided by
27 the county, five dollars ($5.00) of such fee shall be paid to the county trea-
28 surer for deposit in the district court fund of the county; and twelve dollars
29 and fifty cents ($12.50) of such fee shall be paid to the county treasurer who
30 shall pay such fees to the state treasurer for deposit in accordance with sub-
31 section (p) of this section. If the magistrate court facilities are provided
32 by a city, five dollars ($5.00) of such fee shall be paid to the city trea-
33 surer for deposit in the city general fund, two dollars and fifty cents
34 ($2.50) of such fee shall be paid to the city treasurer for deposit in the
35 city capital facilities fund for the construction, remodeling and support of
36 magistrates court facilities, and ten dollars ($10.00) of such fee shall be
37 paid to the county treasurer who shall pay such fees to the state treasurer
38 for deposit in accordance with subsection (p) of this section.
39 (c) A fee of sixteen dollars and fifty cents ($16.50) shall be paid, but
40 not in advance, by each person found to have committed an infraction or any
41 minor traffic, conservation or ordinance violation; provided that the judge or
42 magistrate may in his or her discretion consolidate separate nonmoving traffic
43 offenses into one (1) offense for purposes of assessing such fee. If the mag-
44 istrate court facilities are provided by the county, five dollars ($5.00) of
45 such fee shall be paid to the county treasurer for deposit in the district
46 court fund of the county; and eleven dollars and fifty cents ($11.50) of such
47 fee shall be paid to the county treasurer, who shall pay such fees to the
48 state treasurer for deposit in accordance with subsection (p) of this section.
49 If the magistrate court facilities are provided by a city, five dollars
50 ($5.00) of such fee shall be paid to the city treasurer for deposit in the
51 city general fund, two dollars and fifty cents ($2.50) of such fee shall be
52 paid to the city treasurer for deposit in the city capital facilities fund for
53 the construction, remodeling and support of magistrate court facilities, and
54 nine dollars ($9.00) of such fee shall be paid to the county treasurer who
55 shall pay such fees to the state treasurer for deposit in accordance with sub-
4
1 section (p) of this section.
2 (d) A fee of twenty-four thirty dollars ($2430.00) shall be paid by any
3 party, except the plaintiff, making an appearance in any civil action in the
4 district court or in the magistrate's division of the district court. Of such
5 fee, four dollars ($4.00) shall be paid to the county treasurer for deposit in
6 the district court fund of the county; ten dollars ($10.00) of such fee shall
7 be paid to the county treasurer who shall, within five (5) days after the end
8 of the month, pay such fees to the state treasurer for deposit into the ISTARS
9 technology fund; and ten dollars ($10.00) of such fee shall be paid to the
10 county treasurer who shall pay such fees to the state treasurer for deposit in
11 accordance with subsection (p) of this section; and six dollars ($6.00) of
12 such fee shall be paid to the county treasurer who shall, within five (5) days
13 after the end of the month, pay such fees to the state treasurer for deposit
14 in the senior magistrate judges fund.
15 (e) A fee of nine dollars ($9.00) shall be paid by the person or persons
16 required to make an account pursuant to either chapter 11 or chapter 18, title
17 15, Idaho Code, at the time such account is filed. All of such fee shall be
18 paid to the county treasurer for deposit in the district court fund of the
19 county.
20 (f) A fee of nineteen twenty-five dollars ($1925.00) shall be paid upon
21 the filing of a petition of the executor or administrator or of any person
22 interested in an estate for the distribution of such estate, six dollars
23 ($6.00) of such fee shall be paid to the county treasurer for deposit in the
24 district court fund of the county; and thirteen dollars ($13.00) of such fee
25 shall be paid to the county treasurer who shall pay such fees to the state
26 treasurer for deposit in accordance with subsection (p) of this section; and
27 six dollars ($6.00) of such fee shall be paid to the county treasurer who
28 shall, within five (5) days after the end of the month, pay such fees to the
29 state treasurer for deposit in the senior magistrate judges fund.
30 (g) A fee of seven thirteen dollars ($713.00) shall be paid by an inter-
31 venor upon making an appearance in any civil action in the district court or
32 in the magistrate's division of the district court. All Seven dollars ($7.00)
33 of such fee shall be paid to the county treasurer for deposit in the district
34 court fund of the county; and six dollars ($6.00) of such fee shall be paid to
35 the county treasurer who shall, within five (5) days after the end of the
36 month, pay such fees to the state treasurer for deposit in the senior magis-
37 trate judges fund.
38 (h) A fee of eight fourteen dollars ($814.00) shall be paid by a party
39 filing a third party claim as defined in the Idaho Rules of Civil Procedure.
40 All Eight dollars ($8.00) of such fee shall be paid to the county treasurer
41 for deposit in the district court fund of the county; and six dollars ($6.00)
42 of such fee shall be paid to the county treasurer who shall, within five (5)
43 days after the end of the month, pay such fees to the state treasurer for
44 deposit in the senior magistrate judges fund.
45 (i) A fee of eight fourteen dollars ($814.00) shall be paid by any party
46 filing a cross-claim. All Eight dollars ($8.00) of such fee shall be paid to
47 the county treasurer for deposit in the district court fund of the county; and
48 six dollars ($6.00) of such fee shall be paid to the county treasurer who
49 shall, within five (5) days after the end of the month, pay such fees to the
50 state treasurer for deposit in the senior magistrate judges fund.
51 (j) A fee of nine dollars ($9.00) shall be paid by a party initiating a
52 change of venue. Such fee shall be paid to the clerk of the court of the
53 county to which venue is changed. All of such fee shall be paid to the county
54 treasurer for deposit in the district court fund of the county.
55 (k) A fee of nine fifteen dollars ($915.00) shall be paid by any party
5
1 appearing after judgment or applying to reopen a case. All Nine dollars
2 ($9.00) of such fee shall be paid to the county treasurer for deposit in the
3 district court fund of the county; and six dollars ($6.00) of such fee shall
4 be paid to the county treasurer who shall, within five (5) days after the end
5 of the month, pay such fees to the state treasurer for deposit in the senior
6 magistrate judges fund. A fee of thirty-twoeight dollars ($328.00) shall be
7 paid by a party applying to reopen a divorce action or modify a divorce
8 decree, with all seventeen dollars ($17.00) of the fee to be distributed in
9 the same manner as the fee provided for in subsection (a) of this section is
10 distributed paid to the county treasurer for deposit in the district court
11 fund of the county; fifteen dollars ($15.00) of such fee to be paid to the
12 county treasurer who shall pay such fees to the state treasurer for deposit in
13 accordance with subsection (p) of this section; and six dollars ($6.00) of
14 such fee to be paid to the county treasurer who shall, within five (5) days
15 after the end of the month, pay such fees to the state treasurer for deposit
16 in the senior magistrate judges fund.
17 (l) A fee of nine fifteen dollars ($915.00) shall be paid by a party tak-
18 ing an appeal from the magistrate's division of the district court to the dis-
19 trict court; and six dollars of such fee shall be paid to the county treasurer
20 who shall, within five (5) days after the end of the month, pay such fees to
21 the state treasurer for deposit in the senior magistrate judges fund. No addi-
22 tional fee shall be required if a new trial is granted. All of such fee shall
23 be paid to the county treasurer for deposit in the district court fund of the
24 county.
25 (m) A fee of nine fifteen dollars ($915.00) shall be paid by the party
26 taking an appeal from the district court to the supreme court for comparing
27 and certifying the transcript on appeal, if such certificate is required. All
28 Nine dollars ($9.00) of such fee shall be paid to the county treasurer for
29 deposit in the district court fund of the county; and six dollars ($6.00) of
30 such fee shall be paid to the county treasurer who shall, within five (5) days
31 after the end of the month, pay such fees to the state treasurer for deposit
32 in the senior magistrate judges fund.
33 (n) Fees not covered by this section shall be set by rule or administra-
34 tive order of the supreme court.
35 (o) All fees required to be paid by this section or by rule or adminis-
36 trative order of the supreme court shall be collected by the clerk of the dis-
37 trict court or by a person appointed by the clerk of the district court for
38 this purpose. If it appears that there is a necessity for such fees to be col-
39 lected by persons other than the clerk of the district court or a person des-
40 ignated by the clerk for such purpose, the supreme court by rule or adminis-
41 trative order may provide for the designation of persons authorized to receive
42 such fees. Persons so designated shall account for such fees in the same man-
43 ner required of the clerk of the district court and shall pay such fees to the
44 clerk of the district court of the county in which such fees are collected.
45 (p) That portion of the filing fees required to be remitted to the state
46 treasurer for deposit pursuant to subsections (a), (b), (c), (d) and (f) of
47 this section shall be apportioned eighty-six percent (86%) to the state gen-
48 eral fund and fourteen percent (14%) to the peace officers standards and
49 training fund authorized in section 19-5116, Idaho Code, within five (5) days
50 after the end of the month in which such fees were remitted to the county
51 treasurer. That portion of the filing fees required to be remitted to a city
52 treasurer for deposit in the city's general fund shall be remitted within five
53 (5) days after the end of the month in which such fees were remitted to the
54 county treasurer.
55 (q) Of the fees derived from the filing of any divorce action required to
6
1 be transmitted to the state treasurer, the county treasurer shall retain five
2 dollars ($5.00), which shall be separately identified and deposited in the
3 district court fund of the county. Such moneys shall be used exclusively for
4 the purpose of establishing a uniform system of qualifying and approving per-
5 sons, agencies or organizations to conduct evaluations of persons convicted of
6 domestic assault or battery as provided in section 18-918, Idaho Code, and the
7 administration of section 18-918(7), Idaho Code, relating to the evaluation
8 and counseling or other treatment of such persons, including the payment of
9 the costs of evaluating and counseling or other treatment of an indigent
10 defendant. No provision of chapter 52, title 39, Idaho Code, shall apply to
11 the moneys provided for in this subsection.
12 (r) In consideration of the aforesaid fees the clerk of the district
13 court shall be required to perform all lawful service that may be required of
14 him by any party thereto; provided, that he shall not prepare and furnish any
15 certified copy of any file or record in an action except printed transcript on
16 appeal, without additional compensation as provided by law.
17 SECTION 3. This act shall be in full force and effect on and after July
18 1, 2006, and shall apply only to full-time magistrate judges who retire on or
19 after July 1, 2006.
STATEMENT OF PURPOSE
RS 15901
This bill would create a funding mechanism to permit the Supreme Court
to purchase additional years of service for certain retiring magistrate
judges. Under Idaho Code 59-1363, an employer may purchase up to 48 months
of additional membership service in PERSI, at full actuarial cost, for an
employee. This bill would create a Senior Magistrate Judges Fund which would
be used to purchase additional years of service for retiring magistrate judges
pursuant to a schedule to be established. The funds would be generated by a
$6.00 increase in civil filing fees. The purchase of additional service would
provide an incentive for magistrate judges to continue working part-time as
senior judges following retirement, thus providing a pool of senior judges
that will be needed to handle the increasing caseload in the years ahead.
FISCAL NOTE
This bill would have no impact on the general fund. The $6.00 increase
in civil filing fees would generate approximately $510,000 annually which
would be deposited in the Senior Magistrate Judges Fund.
Contact
Name: Patti Tobias, Administrative Director of the Courts
Phone: 334-2246
STATEMENT OF PURPOSE/FISCAL NOTE S 1409