View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0627................................by JUDICIARY, RULES AND ADMINISTRATION
ISTARS TECHNOLOGY FUND - Amends existing law relating to the ISTARS
Technology Fund to reference payments made by credit card or debit card; to
allow for the designation of moneys for certain technologies; and to
provide for the deposit of certain payments into the ISTARS Technology Fund
for specified uses.
02/10 House intro - 1st rdg - to printing
02/13 Rpt prt - to Jud
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 65-0-5
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Deal, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jaquet, Kemp, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smylie(Luker), Snodgrass, Stevenson, Trail,
Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Boe, Denney, Lake, Sali, Smith(24)
Floor Sponsor - Nielsen
Title apvd - to Senate
02/27 Senate intro - 1st rdg - to Jud
03/07 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 34-0-1
AYES -- Andreason(Hatch), Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, 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, Werk, Williams
NAYS -- None
Absent and excused -- Sweet
Floor Sponsor - Jorgenson
Title apvd - to House
03/10 To enrol
03/13 Rpt enrol - Sp signed
03/14 Pres signed
03/15 To Governor
03/15 Governor signed
Session Law Chapter 73
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 627
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE ISTARS TECHNOLOGY FUND; AMENDING SECTION 1-1623, IDAHO CODE,
3 TO PROVIDE A CODE REFERENCE, TO REFERENCE PAYMENTS BY CREDIT CARD OR DEBIT
4 CARD AND TO ALLOW FOR THE DESIGNATION OF MONEYS FOR CERTAIN TECHNOLOGIES;
5 AND AMENDING SECTION 31-3221, IDAHO CODE, TO PROVIDE FOR THE DEPOSIT OF
6 CERTAIN PAYMENTS INTO THE ISTARS TECHNOLOGY FUND FOR SPECIFIED USES.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 1-1623, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 1-1623. IDAHO STATEWIDE TRIAL COURT AUTOMATED RECORDS SYSTEM (ISTARS)
11 TECHNOLOGY FUND. There is hereby created in the office of the state treasurer
12 the ISTARS technology fund. Moneys deposited into the fund pursuant to sec-
13 tions 31-3201, and 31-3201A and 31-3221, Idaho Code, upon appropriation by the
14 legislature, shall be used by the supreme court for the purpose of maintain-
15 ing, replacing and enhancing the Idaho Statewide Trial Court Automated Records
16 System (ISTARS) program, and other technologies that assist in the efficient
17 management of the courts, including a system for payments by credit card or
18 debit card as provided in section 31-3221, Idaho Code, or that improve access
19 to the courts and court records. The ISTARS technology fund shall be separate
20 and distinct from the state general fund, and expenditures from the ISTARS
21 technology fund shall be solely dedicated to the purposes set forth in this
22 section. Moneys deposited into the fund may be allowed to accumulate from year
23 to year for designated maintenance, replacement, extension or enhancement of
24 the ISTARS program and for other technologies that assist in the efficient
25 management of the courts. Interest earned on the investment of idle moneys in
26 the ISTARS technology fund shall be returned to the ISTARS technology fund.
27 SECTION 2. That Section 31-3221, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 31-3221. PAYMENTS TO COURT BY CREDIT CARD OR DEBIT CARD. (1) The clerk of
30 the district court may accept payment of a debt owed to the court by a credit
31 card or debit card. Any person making payment on a debt owed to the court by a
32 credit card or debit card shall be assessed an electronic payment convenience
33 fee established by the supreme court, which shall include, among other costs,
34 the amount charged the court by the issuer for the use of the card. This fee
35 may also be paid by credit card or debit card and included in the transaction
36 for the payment of the debt owed to the court. The electronic payment conve-
37 nience fee shall be separate from the debt owed to the court and shall be
38 deposited into the district court ISTARS technology fund created in section
39 1-1623, Idaho Code, and shall be used for the implementation of the provisions
40 of this section. The debt owed to the court shall not be expunged, canceled,
41 released, discharged or satisfied and any receipt or other evidence of payment
2
1 shall be deemed conditional until the court has received final and uncondi-
2 tional payment of the full amount due from the financing agency or card issuer
3 for the transaction. If an electronic payment once made is subsequently
4 denied, revoked or otherwise canceled for any reason, and the payment is with-
5 drawn from the court, the court may proceed as though payment had never been
6 made.
7 (2) Definitions. As used in this section:
8 (a) "Cardholder" means the person or organization named on the face of a
9 credit card or debit card to whom or for whose benefit the credit card or
10 debit card is issued by an issuer.
11 (b) "Credit card" means any instrument or device, whether known as a
12 credit card or credit plate or by any other name, issued with or without a
13 fee by an issuer for the use of the cardholder in obtaining money, prop-
14 erty, goods, services or anything else of value on credit.
15 (c) "Debit card" means any instrument or device, whether known as a debit
16 card or by any other name, issued with or without a fee by an issuer for
17 the use of the cardholder in depositing, obtaining or transferring funds.
18 (d) "Debt owed to the court" means any assessment of fines, court costs,
19 surcharges, penalties, fees, restitution, cash deposit of bail, moneys
20 expended in providing counsel and other defense services to indigent
21 defendants, or other charges which a court judgment has ordered to be paid
22 to the court or which a party has agreed to pay in criminal or civil cases
23 and includes any interest or penalty on such unpaid amounts as provided
24 for in the judgment or by law.
25 (e) "Issuer" means a business organization, financial institution or
26 authorized agent of a business organization or financial institution that
27 issues a credit card or debit card.
28 (3) The supreme court may adopt rules as deemed appropriate for the
29 administration of this section and may enter into contracts with an issuer or
30 other organization to implement the provisions of this section.
REPRINT REPRINT REPRINT REPRINT REPRINT
STATEMENT OF PURPOSE
RS 15844
In 2003 the Legislature enacted Idaho Code Section 31-3221, which
allowed district court clerks to accept payment by credit or
debit card for debts owed to the court. Persons making such
payments are to be assessed a payment convenience fee as
established by the Supreme Court. Under the statute as enacted
in 2003, the payment convenience fee is to be deposited in the
district court fund. The idea was that this would help to
provide funds to purchase the devices and services needed to
process the credit and debit card payments. However, these
services can now be obtained through statewide contracts with
credit card vending companies, which is more efficient and cost
effective.
This bill would provide that the payment convenience fee would be
deposited in the ISTARS Technology Fund to facilitate this more
economical approach. The amount of the payment convenience fee
would continue to be tied to the cost of providing the option of
payment by credit or debit card.
FISCAL NOTE
This bill would have no impact on the general fund. The payment
convenience fee would be set at between 2% and 3% of the amount
of the debts paid by credit or debit card, and such funds would
be placed in the ISTARS Technology Fund for the purpose of
covering the cost of providing this option.
Contact
Name: Patricia Tobias, Adm. Director of the Courts
Phone: 334-2246
STATEMENT OF PURPOSE/FISCAL NOTE H 627