2006 Legislation
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SENATE BILL NO. 1449 – Approp, Attorney General

SENATE BILL NO. 1449

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Bill Status



S1449............................................................by FINANCE
APPROPRIATIONS - ATTORNEY GENERAL - Appropriates $15,824,400 to the
Attorney General for fiscal year 2007; limits the number of full-time
equivalent positions to 185.15; directs the allocation of salary savings;
provides for transfers of funds for additional legal services to the
Department of Finance and Idaho Transportation Department; reappropriates
unexpended and unencumbered balances of the General Fund; and directs
certain funds to the Treasure Valley Special U.S. Attorney Demonstration
Project to deal with gang related violence.
                                                                        
03/15    Senate intro - 1st rdg - to printing
03/16    Rpt prt - to Fin
    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/20    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Marley
    Floor Sponsor - Lodge
    Title apvd - to House
03/21    House intro - 1st rdg - to 2nd rdg
03/22    2nd rdg - to 3rd rdg
03/23    3rd rdg - PASSED - 50-3-17
      AYES -- Andrus, Barraclough, Bastian, Bayer, Bell, Bilbao, Block,
      Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins,
      Crow, Denney, Ellsworth, Eskridge, Field(18), Field(23), Hart,
      Harwood, Jaquet, Kemp, Lake, LeFavour, Martinez, Mathews, McGeachin,
      McKague, Mitchell, Moyle, Nielsen, Pasley-Stuart, Raybould, Ring,
      Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Wood
      NAYS -- Barrett, Loertscher, Sali
      Absent and excused -- Anderson, Bedke, Black, Deal, Edmunson,
      Garrett, Henbest, Henderson, Miller, Nonini, Pence, Ringo, Roberts,
      Rusche, Skippen, Snodgrass, Mr. Speaker
    Floor Sponsor - Bolz
    Title apvd - to Senate
03/24    To enrol
03/27    Rpt enrol - Pres signed
03/28    Sp signed
03/29    To Governor
03/31    Governor signed
         Session Law Chapter 295
         Effective: 03/31/06 Secs 4-5;
         07/01/06 All others

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                 Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1449
                                                                        
                                    BY FINANCE COMMITTEE
                                                                        
  1                                        AN ACT
  2    APPROPRIATING MONEYS TO THE ATTORNEY GENERAL FOR FISCAL  YEAR  2007;  LIMITING
  3        THE  NUMBER  OF  AUTHORIZED  FULL-TIME EQUIVALENT POSITIONS; DIRECTING THE
  4        ALLOCATION OF SALARY SAVINGS; DIRECTING THE TRANSFER  OF  FUNDS  FROM  THE
  5        DEPARTMENT  OF  FINANCE;  DIRECTING  THE  TRANSFER OF FUNDS FROM THE IDAHO
  6        TRANSPORTATION DEPARTMENT; DIRECTING STATE MATCHING FUNDS TO THE  TREASURE
  7        VALLEY  SPECIAL U.S. ATTORNEY DEMONSTRATION PROJECT; REAPPROPRIATING UNEX-
  8        PENDED AND UNENCUMBERED BALANCES OF THE GENERAL FUND;  SETTING  FORTH  THE
  9        CONDITIONS  FOR  THE  REAPPROPRIATION; AND DECLARING AN EMERGENCY FOR SEC-
 10        TIONS 4 AND 5 OF THIS ACT.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION 1.  There is hereby appropriated to the Attorney General the  fol-
 13    lowing  amounts  to  be  expended for the designated programs according to the
 14    designated expense classes from the listed funds for the period July 1,  2006,
 15    through June 30, 2007:
 16                                                       FOR
 17                     FOR        FOR         FOR    TRUSTEE AND
 18                  PERSONNEL  OPERATING    CAPITAL    BENEFIT
 19                    COSTS   EXPENDITURES  OUTLAY    PAYMENTS       TOTAL
 20    I. STATE LEGAL SERVICES:
 21    FROM:
 22    General Fund $13,841,300 $  696,200   $  4,200     $25,000   $14,566,700
 23    Economic Recovery
 24     Reserve Fund                13,800    118,000                   131,800
 25    Consumer Protection
 26     Fund             87,400     86,900                              174,300
 27      TOTAL      $13,928,700 $  796,900   $122,200     $25,000   $14,872,800
 28    II. SPECIAL LITIGATION:
 29    FROM:
 30    General Fund             $  951,600                          $   951,600
                                                                        
 31       GRAND
 32       TOTAL     $13,928,700 $1,748,500   $122,200     $25,000   $15,824,400
                                                                        
 33        SECTION  2.  In  accordance with Section 67-3519, Idaho Code, the Attorney
 34    General is authorized no more than one hundred eighty-five  and  fifteen  hun-
 35    dredths (185.15) full-time equivalent positions at any point during the period
 36    July  1,  2006, through June 30, 2007, for the programs specified in Section 1
 37    of this act,  unless  specifically  authorized  by  the  Governor.  The  Joint
 38    Finance-Appropriations  Committee  will  be notified promptly of any increased
 39    positions so authorized.
                                                                        
 40        SECTION 3. The Office of the Attorney General is hereby directed to  allo-
 41    cate  salary  savings,  based  on  performance, to provide for employee salary
                                                                        
                                           2
                                                                        
  1    needs before other operational budget priorities are considered. Where  appli-
  2    cable,  employees  whose salaries are below the midpoint of their pay grade or
  3    occupational groups with significant turnover rates shall be considered  first
  4    in the order of salary savings distributions.
                                                                        
  5        SECTION  4.  On  or  before  June  30,  2006, the State Controller, at the
  6    request of the Attorney General, shall transfer $69,700 from the State Regula-
  7    tory Fund in the Department of Finance to the General Fund. The intent of this
  8    transfer is to mitigate the impact of adding  staff  for  the  Office  of  the
  9    Attorney  General to provide additional legal services to the Idaho Department
 10    of Finance in fiscal year 2007.
                                                                        
 11        SECTION 5.  On or before June 30,  2006,  the  State  Controller,  at  the
 12    request of the Attorney General, shall transfer $84,300 from the State Highway
 13    Fund in the Idaho Transportation Department to the General Fund. The intent of
 14    this  transfer is to mitigate the impact of adding staff for the Office of the
 15    Attorney General to provide additional legal services to the Idaho Transporta-
 16    tion Department in fiscal year 2007.
                                                                        
 17        SECTION 6.  Of those moneys appropriated from the General Fund in  Section
 18    1  of  this  act, up to $25,000 is directed toward the Treasure Valley Special
 19    U.S. Attorney Demonstration Project to deal with  gang  related  violence  and
 20    prosecution  in  the  federal  court  system. The Attorney General's Office is
 21    hereby directed to use these moneys as a twenty-five percent  state  match  to
 22    augment funds raised by the Treasure Valley Partnership.
                                                                        
 23        SECTION  7.  There  is hereby reappropriated to the Office of the Attorney
 24    General for Special Litigation, subject to the provisions of Section 8 of this
 25    act, the unexpended and unencumbered balance of General Fund moneys as  appro-
 26    priated  for Special Litigation for fiscal years 2005 and 2006, to be used for
 27    nonrecurring expenditures, for the period July 1, 2006, through June 30, 2007.
                                                                        
 28        SECTION 8.  The reappropriation for the General Fund granted in Section  7
 29    of this act shall be subject to the following provisions:
 30        (1)  If  the  unexpended  and  unencumbered balance in the General Fund on
 31        June 30, 2006, is zero, the reappropriation for the General Fund  in  Sec-
 32        tion 7 of this act is hereby declared to be null and void.
 33        (2)  If  the  unexpended  and  unencumbered balance in the General Fund on
 34        June 30, 2006, is greater than zero, but less than the total General  Fund
 35        reappropriation authority granted to all state agencies, that amount reap-
 36        propriated  in  Section  7 of this act shall be in the proportion that the
 37        reappropriation of the Office of the Attorney General bears to  the  total
 38        General Fund reappropriation authority granted to all state agencies.
                                                                        
 39        SECTION  9.  An  emergency  existing  therefor,  which emergency is hereby
 40    declared to exist, Sections 4 and 5 of this act shall be  in  full  force  and
 41    effect on and after passage and approval.

Statement of Purpose / Fiscal Impact


Statement of Purpose
RS15249

Appropriates a total of $15,824,400 to the Attorney General for fiscal year 2007; Authorizes 185.15 full-time equivalent positions; Directs the allocation of salary savings; Transfers $69,700 from the State Regulatory Fund in the Department of Finance to the General Fund for increased legal services; Transfers $84,300 from the State Highway Fund in the Idaho State Department of Transportation for increased legal services; Allocates $25,000 towards the Treasure Valley Special U.S. Attorney Demonstration Project to deal with gang related violence and prosecution in the federal court system; Reappropriates General Fund moneys in Special Litigation; Sets forth the conditions for the reappropriation; and, Declares an emergency for Sections four and five of the bill.

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Fiscal Note
FTP  Gen  Ded  Fed  Total 


FY 2006 Original Appropriation 180.65  15,360,300  627,000  15,987,300 
Reappropriations 0.00  1,697,800  1,697,800 
HB 395 One-time 1% Salary Increase 0.00  124,200  700  124,900 
Omnibus CEC Supplemental 0.00  142,200  700  142,900 


FY 2006 Total Appropriation 180.65  17,324,500  628,400  17,952,900 
Removal of One-Time Expenditures 0.00  (1,827,300)  (475,600)  (2,302,900) 


FY 2007 Base 180.65  15,497,200  152,800  15,650,000 
Benefit Costs 0.00  (232,400)  (900)  (233,300) 
Inflationary Adjustments 0.00  12,100  1,600  13,700 
Replacement Items 0.00  131,800  131,800 
Statewide Cost Allocation 0.00  16,400  16,400 
Change in Employee Compensation 0.00 


FY 2007 Program Maintenance 180.65  15,293,300  285,300  15,578,600 



Enhancements          
Attorney General          
 1. Market Parity Adjustment 0.00 
 2. Department of Finance 1.00  69,700  69,700 
 3. Idaho State Police 0.00 
 4. Transportation Department 1.00  84,300  84,300 
 5. Juvenile Corrections 0.00 
 6. Victim Witness Coordinator 0.50  46,000  46,000 
 7. Receptionist & Office Assistant 2.00  20,800  20,800 
 8. Carry Over Authority 0.00 
 9. U.S. Attorney Project 0.00  25,000  25,000 


FY 2007 Total 185.15  15,518,300  306,100  15,824,400 
Chg from FY 2006 Orig Approp 4.50  158,000  (320,900)  (162,900) 
% Chg from FY 2006 Orig Approp. 2.5%  1.0%  (51.2%)    (1.0%) 

Contact: Dick Burns 334-4742

Legislative Services Office, Budget & Policy Analysis

Statement of Purpose/Fiscal Note Bill No. S1449