2007 Legislation
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SENATE BILL NO. 1193 – Approp, Attorney General

SENATE BILL NO. 1193

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Bill Status



S1193............................................................by FINANCE
APPROPRIATIONS - ATTORNEY GENERAL - Appropriates $17,838,300 to the
Attorney General for fiscal year 2008; limits the number of full-time
equivalent positions to 193.15; directs the distribution of the funding for
employee compensation; directs the allocation of salary savings; provides
for transfers of funds; and reappropriates unexpended and unencumbered
balances of the General Fund.
                                                                        
03/06    Senate intro - 1st rdg - to printing
03/07    Rpt prt - to Fin
    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Richardson
    Title apvd - to House
03/12    House intro - 1st rdg - to 2nd rdg
03/13    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 62-5-3
      AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Henbest,
      Henderson, Jaquet, Killen, King, Kren, Labrador, LeFavour, Luker,
      Marriott, Mathews, McGeachin, Mortimer, Nonini, Pasley-Stuart,
      Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche,
      Sayler, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30),
      Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills,
      Wood(27), Mr. Speaker
      NAYS -- Barrett, Harwood, Loertscher, Nielsen, Schaefer
      Absent and excused -- Lake, Moyle, Wood(35)
    Floor Sponsor - Henderson
    Title apvd - to Senate
03/15    To enrol
03/16    Rpt enrol - Pres signed
03/19    Sp signed
03/20    To Governor
03/26    Governor signed
         Session Law Chapter 177
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1193
                                                                        
                                    BY FINANCE COMMITTEE
                                                                        
  1                                        AN ACT
  2    APPROPRIATING MONEYS TO THE ATTORNEY GENERAL FOR FISCAL  YEAR  2008;  LIMITING
  3        THE  NUMBER  OF  AUTHORIZED  FULL-TIME EQUIVALENT POSITIONS; DIRECTING THE
  4        DISTRIBUTION OF THE FUNDING FOR EMPLOYEE COMPENSATION; DIRECTING THE ALLO-
  5        CATION OF SALARY SAVINGS;  DIRECTING  THE  STATE  CONTROLLER  TO  TRANSFER
  6        MONEYS  FROM  THE SPECIAL LITIGATION PROGRAM TO THE GENERAL FUND; REAPPRO-
  7        PRIATING UNEXPENDED AND UNENCUMBERED BALANCES OF  THE  GENERAL  FUND;  AND
  8        SETTING FORTH THE CONDITIONS FOR THE REAPPROPRIATION.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  There is hereby appropriated to the Attorney General the fol-
 11    lowing amounts to be expended for the designated  programs  according  to  the
 12    designated  expense classes from the listed funds for the period July 1, 2007,
 13    through June 30, 2008:
 14                                                          FOR
 15                      FOR          FOR         FOR    TRUSTEE AND
 16                   PERSONNEL    OPERATING    CAPITAL    BENEFIT
 17                     COSTS     EXPENDITURES  OUTLAY    PAYMENTS     TOTAL
 18    I. STATE LEGAL SERVICES:
 19    FROM:
 20    General Fund  $15,848,200   $  716,100   $117,600   $25,000  $16,706,900
 21    Consumer Protection
 22     Fund              92,900       86,900                           179,800
 23      TOTAL       $15,941,100   $  803,000   $117,600   $25,000  $16,886,700
 24    II. SPECIAL LITIGATION:
 25    FROM:
 26    General Fund                $  951,600                       $   951,600
                                                                        
 27       GRAND
 28       TOTAL      $15,941,100   $1,754,600   $117,600   $25,000  $17,838,300
                                                                        
 29        SECTION 2.  In accordance with Section 67-3519, Idaho Code,  the  Attorney
 30    General  is  authorized no more than one hundred ninety-three and fifteen hun-
 31    dredths (193.15) full-time equivalent positions at any point during the period
 32    July 1, 2007, through June 30, 2008, for the programs specified in  Section  1
 33    of  this  act,  unless  specifically  authorized  by  the  Governor. The Joint
 34    Finance-Appropriations Committee will be notified promptly  of  any  increased
 35    positions so authorized.
                                                                        
 36        SECTION  3.  Agencies  and  institutions  shall distribute the funding for
 37    employee compensation based on merit as follows:
 38        (a)  Agencies and institutions are directed to,  based  on  merit,  target
 39        funding  first  toward high turnover classifications and individuals below
 40        midpoint within their agency.
 41        (b)  Agencies and institutions are directed to,  based  on  merit,  target
                                                                        
                                           2
                                                                        
  1        funding  second toward positions within their agency that are below ninety
  2        percent (90%) of the Compa-Ratio.
  3        (c)  Agencies and institutions are directed to target any remaining  fund-
  4        ing based on merit using the merit matrix required by Idaho Code.
  5    Agencies  and institutions shall create compensation and distribution plans to
  6    ensure that they are consistent with the  policies  contained  herein.  Agency
  7    directors and institutional presidents shall approve all compensation and dis-
  8    tribution plans and ensure that implementation of the plans is consistent with
  9    policies  contained  herein.  Each  agency  and institution shall forward, for
 10    informational purposes, approved copies of the compensation  and  distribution
 11    plans to the Legislative Services Office and the Division of Financial Manage-
 12    ment  by  June 1, 2007. The effective date of implementation of ongoing salary
 13    adjustments shall be June 17, 2007.
                                                                        
 14        SECTION 4.  The Office of the Attorney General is hereby directed to allo-
 15    cate salary savings, based on performance,  to  provide  for  employee  salary
 16    needs  before other operational budget priorities are considered. Where appli-
 17    cable, employees whose salaries are below the midpoint of their pay  grade  or
 18    occupational  groups with significant turnover rates shall be considered first
 19    in the order of salary savings distributions.
                                                                        
 20        SECTION 5.  Upon the closing of fiscal year  2007,  the  State  Controller
 21    shall, at the request of the Office of the Attorney General, transfer $700,000
 22    from the Special Litigation Program to the General Fund.
                                                                        
 23        SECTION  6.  There  is hereby reappropriated to the Office of the Attorney
 24    General for Special Litigation, subject to the provisions of Section 7 of this
 25    act, the unexpended and unencumbered balance of General Fund moneys as  appro-
 26    priated  for Special Litigation for fiscal year 2007, to be used for nonrecur-
 27    ring expenditures, for the period July 1, 2007, through June 30, 2008.
                                                                        
 28        SECTION 7.  The reappropriation for the General Fund granted in Section  6
 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, 2007, is zero, the reappropriation for the General Fund  in  Sec-
 32        tion 6 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, 2007, 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  6 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.

Statement of Purpose / Fiscal Impact


Statement of Purpose
RS16373

Appropriates $17,838,300 to the Office of the Attorney General for fiscal year 2008. Of that amount, $17,658,500 is from the General Fund. In addition, the bill limits the number of full-time positions to 193.15; directs the distribution of employee compensation; directs the allocation of salary savings; directs the State Controller to transfer $700,000 from the Special Litigation Program to the General Fund; reappropriates unexpended and unencumbered balances of the General Fund for the Special Litigation Program; and sets forth the conditions for reappropriation.

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Fiscal Note
FTP  Gen  Ded  Fed  Total 


FY 2007 Original Appropriation 185.15  16,064,400  307,500  16,371,900 
Reappropriations 0.00  1,619,400  1,619,400 


FY 2007 Total Appropriation 185.15  17,683,800  307,500  17,991,300 
Removal of One-Time Expenditures 0.00  (1,623,600)  (131,800)  (1,755,400) 


FY 2008 Base 185.15  16,060,200  175,700  16,235,900 
Benefit Costs 0.00  165,700  600  166,300 
Inflationary Adjustments 0.00 
Replacement Items 0.00  118,200  118,200 
Statewide Cost Allocation 0.00  3,400  3,400 
Annualizations 0.00  2,200  2,200 
Change in Employee Compensation 0.00  674,700  3,500  678,200 


FY 2008 Program Maintenance 185.15  17,024,400  179,800  17,204,200 



Enhancements          
Attorney General          
 1. Commerce & Labor Attorney 1.00  118,900  118,900 
 2. Market Parity 0.00 
 3. Civil Litigation Paralegal/Investigator 1.00  68,800  68,800 
 4. Juvenile Corrections Attorney 1.00  87,200  87,200 
 5. Criminal Appellate Attorney 1.00  92,000  92,000 
 6. Third-Party & Estate Recovery 4.00  267,200  267,200 
 7. Criminal Investigator 0.00 
 8. Civil Litigation Legal Secretary 0.00 
 9. Agriculture Attorney 0.00 
 10. Additional Capital Outlay 0.00 
 11. Carry Forward Authority 0.00 


FY 2008 Total 193.15  17,658,500  179,800  17,838,300 
Chg from FY 2007 Orig Approp 8.00  1,594,100  (127,700)  1,466,400 
% Chg from FY 2007 Orig Approp. 4.3%  9.9%  (41.5%)    9.0% 

Contact: Dick Burns 334-4742

Legislative Services Office, Budget & Policy Analysis

Statement of Purpose/Fiscal Note Bill No. S1193