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H0369................................by JUDICIARY, RULES AND ADMINISTRATION
JUDGES' RETIREMENT FUND - Amends and adds to existing law to revise
employee contributions to the Judges' Retirement Fund; to provide for the
Judges' Retirement Stabilization Fund; to provide for transfers from the
fund; to revise apportionment of fines and forfeitures; and to revise
distribution of filing fees.
01/18 House intro - 1st rdg - to printing
01/21 Rpt prt - to Jud
02/01 Rpt out - rec d/p - to 2nd rdg
02/04 2nd rdg - to 3rd rdg
02/07 3rd rdg
02/11 FAILED - 33-34-2, 1 Excused from voting
AYES -- Anderson, Black, Bock, Boe, Bolz, Bradford, Chavez, Chew,
Clark, Durst, Eskridge, Hart, Henbest, Henderson, Jaquet, Killen,
King, Labrador, LeFavour, Luker, Patrick, Pence, Ringo, Ruchti,
Rusche, Sayler, Shepherd(02), Shirley, Shively, Smith(30), Thayn,
Trail, Wills
NAYS -- Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block, Bowers,
Brackett, Chadderdon, Collins, Crane, Hagedorn, Harwood, Kren, Lake,
Loertscher, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen,
Nonini, Pasley-Stuart, Raybould, Roberts, Schaefer, Shepherd(08),
Snodgrass, Stevenson, Thomas, Vander Woude, Mr. Speaker
Absent and excused -- Smith(24), Wood(35)
Excused from voting -- Wood(27)
Floor Sponsor - Clark
Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 369 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO THE JUDICIARY; AMENDING SECTION 1-2004, IDAHO CODE, TO REVISE PRO- 3 VISIONS RELATING TO EMPLOYER CONTRIBUTIONS TO THE JUDGES' RETIREMENT FUND 4 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 20, TITLE 1, IDAHO 5 CODE, BY THE ADDITION OF A NEW SECTION 1-2013, IDAHO CODE, TO PROVIDE FOR 6 THE JUDGES' RETIREMENT STABILIZATION FUND AND TO PROVIDE FOR TRANSFERS 7 FROM THE FUND; AMENDING SECTION 19-4705, IDAHO CODE, TO REVISE PROVISIONS 8 RELATING TO THE APPORTIONMENT OF FINES AND FORFEITURES; AND AMENDING SEC- 9 TION 31-3201A, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE DISTRIBU- 10 TION OF FILING FEES AND TO MAKE A TECHNICAL CORRECTION. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 1-2004, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 1-2004. DEDUCTIONS FROM SALARIES OF JUSTICES AND JUDGES -- CONTRIBUTIONS 15 TO FUND. The state controller shall deduct from the monthly compensation of 16 each justice and judge now holding office, and from the monthly compensation 17 of each person who shall thereafter assume by election or appointment the 18 office of a justice of theSsupremeCcourt or a judge of a district court, an 19 amount equal to sixper centpercent (6%) of his monthly compensation, and 20 shall issue to such justice or judge a salary warrant in such reduced amount, 21 and shall pay the withheld sums into the judges' retirement fund; provided, 22 however, that after twenty (20) years of service no deductions shall be taken 23 from a judge's compensation for payment to the judges' retirement fund. 24 Between the first and twentieth day of each month, theSsupremeCcourt shall, 25 from appropriations made for that purpose as part of the employer's contribu- 26 tion, remit to the judges' retirement fund an amount equal to sevenper cent27 percent (7%) of salaries paid during the previous month to justices and judges 28 who are making contributions to the judges' retirement fund; provided, that 29 if, following any transfer of funds from the judges' retirement stabilization 30 fund to the judges' retirement fund pursuant to section 1-2013, Idaho Code, 31 the amount of funds in the judges' retirement stabilization fund on January 31 32 is equal to or greater than the projected employer's contribution for the fis- 33 cal year beginning the following July 1, the supreme court shall not make such 34 employer's contribution during that fiscal year beginning the following July 35 1, nor request appropriations for that purpose. 36 SECTION 2. That Chapter 20, Title 1, Idaho Code, be, and the same is 37 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 38 ignated as Section 1-2013, Idaho Code, and to read as follows: 39 1-2013. JUDGES' RETIREMENT STABILIZATION FUND. (1) There is hereby cre- 40 ated in the office of the treasurer of the state of Idaho the judges' retire- 41 ment stabilization fund for the purpose of ensuring that the assets of the 2 1 judges' retirement fund are sufficient to fund the liabilities of the judges' 2 retirement fund. Interest earnings from the investment of moneys in the 3 judges' retirement stabilization fund by the state treasurer shall be credited 4 to the judges' retirement stabilization fund. 5 (2) The state treasurer shall annually transfer moneys from the judges' 6 retirement stabilization fund subject to the following criteria: 7 (a) The supreme court shall provide the state treasurer with an actuarial 8 valuation of the judges' retirement fund by December 31 of each year. If 9 the actuarial valuation shows that, as of the end of the previous fiscal 10 year, the actuarial value of the assets of the judges' retirement fund is 11 less than the actuarial accrued liabilities of the judges' retirement 12 fund, the treasurer shall, no later than the following January 31, trans- 13 fer an amount of funds to the judges' retirement fund equal to the lesser 14 of the amount of funds in the judges' retirement stabilization fund, or an 15 amount equal to the actuarial accrued liabilities of the judges' retire- 16 ment fund less the actuarial value of the assets of the judges' retirement 17 fund. 18 (b) No later than January 31 of each year, and after any transfer made 19 pursuant to subsection (2)(a) of this section, the state treasurer shall 20 transfer to the general fund any moneys in the judges' retirement stabili- 21 zation fund in excess of the amount of funds in the judges' retirement 22 stabilization fund, plus the actuarial value of the assets of the judges' 23 retirement fund, less one hundred ten percent (110%) of the actuarial 24 accrued liabilities of the judges' retirement fund. 25 SECTION 3. That Section 19-4705, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 19-4705. PAYMENT OF FINES AND FORFEITURES -- SATISFACTION OF JUDGMENT -- 28 DISPOSITION -- APPORTIONMENT. (1) Except as otherwise provided in subsection 29 (2) of this section: 30 (a) All fines and forfeitures collected pursuant to the judgment of any 31 court of the state shall be remitted to the court in which the judgment 32 was rendered. The judgment shall then be satisfied by entry in the docket 33 of the court. The clerk of the court shall daily remit all fines and for- 34 feitures to the county auditor who shall at the end of each month appor- 35 tion the proceeds according to the provisions of this chapter. Other 36 existing laws regarding the disposition of fines and forfeitures are 37 hereby repealed to the extent such laws are inconsistent with the provi- 38 sions of this chapter except as provided in section 49-1013(3), Idaho 39 Code. 40 (b) Fines and forfeitures remitted for violations of fish and game laws 41 shall be apportioned two and one-half percent (2 1/2%) to the state trea- 42 surer for deposit in the state general fund, ten percent (10%) to the 43 search and rescue account, twenty-two and one-half percent (22 1/2%) to 44 the district court fund and sixty-five percent (65%) to the fish and game 45 fund. 46 (c) Fines and forfeitures remitted for violations of state motor vehicle 47 laws, for violation of state driving privilege laws, and for violation of 48 state laws prohibiting driving while under the influence of alcohol, drugs 49 or any other intoxicating substances, shall be apportioned ten percent 50 (10%) to the state treasurer of which eighty-six percent (86%) shall be 51 depositedto the state general fundin accordance with subsection (1)(j) 52 of this section and fourteen percent (14%) shall be deposited to the peace 53 officers standards and training fund authorized in section 19-5116, Idaho 3 1 Code, forty-five percent (45%) to the state treasurer for deposit in the 2 highway distribution account, twenty-two and one-half percent (22 1/2%) to 3 the district court fund and twenty-two and one-half percent (22 1/2%) to 4 the state treasurer for deposit in the public school income fund; pro- 5 vided, however, that fines and forfeitures remitted for violation of state 6 motor vehicle laws, for violation of state driving privilege laws, and for 7 violation of state laws prohibiting driving while under the influence of 8 alcohol, drugs or any other intoxicating substances, where an arrest is 9 made or a citation is issued by a city law enforcement official, or by a 10 law enforcement official of a governmental agency under contract to pro- 11 vide law enforcement services for a city, shall be apportioned ten percent 12 (10%) to the state treasurer of which eighty-six percent (86%) shall be 13 depositedto the state general fundin accordance with subsection (1)(j) 14 of this section and fourteen percent (14%) shall be deposited to the peace 15 officers standards and training fund authorized in section 19-5116, Idaho 16 Code, and ninety percent (90%) to the city whose officer made the arrest 17 or issued the citation. 18 (d) Fines and forfeitures remitted for violation of any state law not 19 involving fish and game laws, or motor vehicle laws, or state driving 20 privilege laws, or state laws prohibiting driving while under the influ- 21 ence of alcohol, drugs or any other intoxicating substances, shall be 22 apportioned ten percent (10%) to the state treasurer of which eighty-six 23 percent (86%) shall be depositedto the state general fundin accordance 24 with subsection (1)(j) of this section and fourteen percent (14%) shall be 25 deposited to the peace officers standards and training fund authorized in 26 section 19-5116, Idaho Code, and ninety percent (90%) to the district 27 court fund of the county in which the violation occurred. 28 (e) Fines and forfeitures remitted for violation of county ordinances 29 shall be apportioned ten percent (10%) to the state treasurer of which 30 eighty-six percent (86%) shall be depositedto the state general fundin 31 accordance with subsection (1)(j) of this section and fourteen percent 32 (14%) shall be deposited to the peace officers standards and training fund 33 authorized in section 19-5116, Idaho Code, and ninety percent (90%) to the 34 district court fund of the county whose ordinance was violated. 35 (f) Fines and forfeitures remitted for violation of city ordinances shall 36 be apportioned ten percent (10%) to the state treasurer of which eighty- 37 six percent (86%) shall be depositedto the state general fundin accor- 38 dance with subsection (1)(j) of this section and fourteen percent (14%) 39 shall be deposited to the peace officers standards and training fund 40 authorized in section 19-5116, Idaho Code, and ninety percent (90%) to the 41 city whose ordinance was violated. 42 (g) Fines and forfeitures remitted for violations not specified in this 43 chapter shall be apportioned ten percent (10%) to the state treasurer of 44 which eighty-six percent (86%) shall be depositedto the state general45fundin accordance with subsection (1)(j) of this section and fourteen 46 percent (14%) shall be deposited to the peace officers standards and 47 training fund authorized in section 19-5116, Idaho Code, and ninety per- 48 cent (90%) to the district court fund of the county in which the violation 49 occurred except in cases where a duly designated officer of any city 50 police department or city law enforcement official shall have made the 51 arrest for any such violation, in which case ninety percent (90%) shall be 52 apportioned to the city whose officer made the arrest. 53 (h) Fines and forfeitures remitted for violations involving registrations 54 of motorcycles or motor-driven cycles used off highways, snowmobiles, or 55 use of winter recreation parking areas shall be apportioned ten percent 4 1 (10%) to the state treasurer of which eighty-six percent (86%) shall be 2 depositedto the state general fundin accordance with subsection (1)(j) 3 of this section and fourteen percent (14%) shall be deposited to the peace 4 officers standards and training fund authorized in section 19-5116, Idaho 5 Code, and ninety percent (90%) to the general fund of the county or city 6 whose law enforcement official issued the citation. 7 (i) Fines and forfeitures remitted for violations of overweight laws as 8 provided in section 49-1013(3), Idaho Code, shall be deposited one hundred 9 percent (100%) into the highway distribution account. 10 (j) That portion of the fines and forfeitures required to be remitted to 11 the state treasurer pursuant to subsections (1)(c), (d), (e), (f), (g) and 12 (h) of this section, other than the portion of the fines and forfeitures 13 deposited in the peace officers standards and training fund as provided in 14 those subsections, shall be apportioned eighty percent (80%) to the state 15 general fund and twenty percent (20%) to the judges' retirement stabiliza- 16 tion fund. 17 (2) Any fine or forfeiture remitted for any misdemeanor violation for 18 which an increase in the maximum fine became effective on or after July 1, 19 2005, shall be apportioned as follows: 20 (a) Any funds remitted, up to the maximum amount that could have been 21 imposed before July 1, 2005, as a fine for the misdemeanor violation, 22 shall be apportioned according to the applicable provisions of subsection 23 (1) of this section; and 24 (b) Any other funds remitted, in excess of the maximum amount that could 25 have been imposed before July 1, 2005, as a fine for the misdemeanor 26 violation, shall be remitted to the state treasurer and shall be deposited 27 in the drug court, mental health court and family court services fund as 28 set forth in section 1-1625, Idaho Code. 29 (3) As used in this section, the term "city law enforcement official" 30 shall include an official of any governmental agency which is providing law 31 enforcement services to a city in accordance with the terms of a contract or 32 agreement, when such official makes the arrest or issues a citation within the 33 geographical limits of the city and when the contract or agreement provides 34 for payment to the city of fines and forfeitures resulting from such service. 35 SECTION 4. That Section 31-3201A, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 31-3201A. COURT FEES. The clerk of the district court in addition to the 38 fees and charges imposed by chapter 20, title 1, Idaho Code, and in addition 39 to the fee levied by chapter 2, title 73, Idaho Code, shall charge, demand and 40 receive the following fees for services rendered by him in discharging the 41 duties imposed upon him by law; 42 (a) A fee of fifty dollars ($50.00) for filing a civil case of any type 43 in the district court or in the magistrate's division of the district court 44 including cases involving the administration of decedents' estates, whether 45 testate or intestate, and conservatorships of the person or of the estate or 46 both with the following exceptions: 47 The filing fee shall be twenty-eight dollars ($28.00) in each case where 48 the amount of money or damages or the value of personal property claimed does 49 not exceed three hundred dollars ($300). The filing fee shall be thirty dol- 50 lars ($30.00) in the following types of cases: 51 (1) Where the amount of money or damages or the value of personal prop- 52 erty claimed exceeds three hundred dollars ($300) but does not exceed one 53 thousand dollars ($1,000); 5 1 (2) Where a case is brought for forcible or unlawful entry or detainer 2 whether brought for rent or possession or both and regardless of the 3 amount; 4 (3) Where a case is brought under chapter 20, title 16, Idaho Code, for 5 the termination of parent-child relationship; 6 (4) Where a case is brought under chapter 2, title 32, Idaho Code, for 7 permission to marry; 8 (5) Where a case involving the administration of a decedent's estate is 9 brought under the summary administration of small estates act; 10 (6) In cases where a court order is issued only for a certain specific 11 reason other than the administering of an estate, including, but not lim- 12 ited to, proceedings brought under sections 14-114, 15-514, 15-1401, 13 15-1518 and/or 15-1709, Idaho Code, or for some specific reason; 14 (7) In cases brought to determine heirship without administration; 15 (8) In cases brought to determine inheritance or transfer tax; 16 (9) In proceedings brought for adoption; 17 (10) In proceedings brought for letters of guardianship of the person or 18 of the estate or both. 19 No filing fee shall be charged in the following types of cases: 20 (1) In cases brought under chapter 3, title 66, Idaho Code, for commit- 21 ment of mentally ill persons; 22 (2) In cases brought under the juvenile corrections act; 23 (3) In cases brought under the child protective act. 24 In all cases in which a filing fee of fifty dollars ($50.00) is paid, sev- 25 enteen dollars ($17.00) of such filing fee shall be paid to the county trea- 26 surer for deposit in the district court fund of the county; ten dollars 27 ($10.00) of such filing fee shall be paid to the county treasurer who shall, 28 within five (5) days after the end of the month, pay such fees to the state 29 treasurer for deposit into the ISTARS technology fund; seventeen dollars 30 ($17.00) of such filing fee shall be paid to the county treasurer who shall 31 pay such fees to the state treasurer for deposit in accordance with subsection 32 (p) of this section; and six dollars ($6.00) of such filing fee shall be paid 33 to the county treasurer who shall, within five (5) days after the end of the 34 month, pay such fees to the state treasurer for deposit in the senior magis- 35 trate judges fund. In all cases in which a filing fee of thirty dollars 36 ($30.00) is paid, four dollars ($4.00) of such filing fee shall be paid to the 37 county treasurer for deposit in the district court fund of the county; ten 38 dollars ($10.00) of such filing fee shall be paid to the county treasurer who 39 shall, within five (5) days after the end of the month, pay such fees to the 40 state treasurer for deposit into the ISTARS technology fund; ten dollars 41 ($10.00) of such filing fee shall be paid to the county treasurer who shall 42 pay such fees to the state treasurer for deposit in accordance with subsection 43 (p) of this section; and six dollars ($6.00) of such filing fee shall be paid 44 to the county treasurer who shall, within five (5) days after the end of the 45 month, pay such fees to the state treasurer for deposit in the senior magis- 46 trate judges fund. In all cases in which a filing fee of twenty-eight dollars 47 ($28.00) is paid, three dollars ($3.00) of such filing fee shall be paid to 48 the county treasurer for deposit in the district court fund of the county; ten 49 dollars ($10.00) of such filing fee shall be paid to the county treasurer who 50 shall, within five (5) days after the end of the month, pay such fees to the 51 state treasurer for deposit into the ISTARS technology fund; nine dollars 52 ($9.00) of such filing fee shall be paid to the county treasurer who shall pay 53 such fees to the state treasurer for deposit in accordance with subsection (p) 54 of this section; and six dollars ($6.00) of such filing fee shall be paid to 55 the county treasurer who shall, within five (5) days after the end of the 6 1 month, pay such fees to the state treasurer for deposit in the senior magis- 2 trate judges fund. 3 (b) A fee of seventeen dollars and fifty cents ($17.50) shall be paid, 4 but not in advance, by each person found guilty of any felony or misdemeanor, 5 except when the court orders such fee waived because the person is indigent 6 and unable to pay such fee. If the magistrate court facilities are provided by 7 the county, five dollars ($5.00) of such fee shall be paid to the county trea- 8 surer for deposit in the district court fund of the county; and twelve dollars 9 and fifty cents ($12.50) of such fee shall be paid to the county treasurer who 10 shall pay such fees to the state treasurer for deposit in accordance with sub- 11 section (p) of this section. If the magistrate court facilities are provided 12 by a city, five dollars ($5.00) of such fee shall be paid to the city trea- 13 surer for deposit in the city general fund, two dollars and fifty cents 14 ($2.50) of such fee shall be paid to the city treasurer for deposit in the 15 city capital facilities fund for the construction, remodeling and support of 16 magistrates court facilities, and ten dollars ($10.00) of such fee shall be 17 paid to the county treasurer who shall pay such fees to the state treasurer 18 for deposit in accordance with subsection (p) of this section. 19 (c) A fee of sixteen dollars and fifty cents ($16.50) shall be paid, but 20 not in advance, by each person found to have committed an infraction or any 21 minor traffic, conservation or ordinance violation; provided that the judge or 22 magistrate may in his or her discretion consolidate separate nonmoving traffic 23 offenses into one (1) offense for purposes of assessing such fee. If the mag- 24 istrate court facilities are provided by the county, five dollars ($5.00) of 25 such fee shall be paid to the county treasurer for deposit in the district 26 court fund of the county; and eleven dollars and fifty cents ($11.50) of such 27 fee shall be paid to the county treasurer, who shall pay such fees to the 28 state treasurer for deposit in accordance with subsection (p) of this section. 29 If the magistrate court facilities are provided by a city, five dollars 30 ($5.00) of such fee shall be paid to the city treasurer for deposit in the 31 city general fund, two dollars and fifty cents ($2.50) of such fee shall be 32 paid to the city treasurer for deposit in the city capital facilities fund for 33 the construction, remodeling and support of magistrate court facilities, and 34 nine dollars ($9.00) of such fee shall be paid to the county treasurer who 35 shall pay such fees to the state treasurer for deposit in accordance with sub- 36 section (p) of this section. 37 (d) A fee of thirty dollars ($30.00) shall be paid by any party, except 38 the plaintiff, making an appearance in any civil action in the district court 39 or in the magistrate's division of the district court. Of such fee, four dol- 40 lars ($4.00) shall be paid to the county treasurer for deposit in the district 41 court fund of the county; ten dollars ($10.00) of such fee shall be paid to 42 the county treasurer who shall, within five (5) days after the end of the 43 month, pay such fees to the state treasurer for deposit into the ISTARS tech- 44 nology fund; ten dollars ($10.00) of such fee shall be paid to the county 45 treasurer who shall pay such fees to the state treasurer for deposit in accor- 46 dance with subsection (p) of this section; and six dollars ($6.00) of such fee 47 shall be paid to the county treasurer who shall, within five (5) days after 48 the end of the month, pay such fees to the state treasurer for deposit in the 49 senior magistrate judges fund. 50 (e) A fee of nine dollars ($9.00) shall be paid by the person or persons 51 required to make an account pursuant to either chapter 11 or chapter 18, title 52 15, Idaho Code, at the time such account is filed. All of such fee shall be 53 paid to the county treasurer for deposit in the district court fund of the 54 county. 55 (f) A fee of twenty-five dollars ($25.00) shall be paid upon the filing 7 1 of a petition of the executor or administrator or of any person interested in 2 an estate for the distribution of such estate, six dollars ($6.00) of such fee 3 shall be paid to the county treasurer for deposit in the district court fund 4 of the county; thirteen dollars ($13.00) of such fee shall be paid to the 5 county treasurer who shall pay such fees to the state treasurer for deposit in 6 accordance with subsection (p) of this section; and six dollars ($6.00) of 7 such fee shall be paid to the county treasurer who shall, within five (5) 8 days after the end of the month, pay such fees to the state treasurer for 9 deposit in the senior magistrate judges fund. 10 (g) A fee of thirteen dollars ($13.00) shall be paid by an intervenor 11 upon making an appearance in any civil action in the district court or in the 12 magistrate's division of the district court. Seven dollars ($7.00) of such fee 13 shall be paid to the county treasurer for deposit in the district court fund 14 of the county; and six dollars ($6.00) of such fee shall be paid to the county 15 treasurer who shall, within five (5) days after the end of the month, pay such 16 fees to the state treasurer for deposit in the senior magistrate judges fund. 17 (h) A fee of fourteen dollars ($14.00) shall be paid by a party filing a 18 third party claim as defined in the Idaho Rules of Civil Procedure. Eight dol- 19 lars ($8.00) of such fee shall be paid to the county treasurer for deposit in 20 the district court fund of the county; and six dollars ($6.00) of such fee 21 shall be paid to the county treasurer who shall, within five (5) days after 22 the end of the month, pay such fees to the state treasurer for deposit in the 23 senior magistrate judges fund. 24 (i) A fee of fourteen dollars ($14.00) shall be paid by any party filing 25 a cross-claim. Eight dollars ($8.00) of such fee shall be paid to the county 26 treasurer for deposit in the district court fund of the county; and six dol- 27 lars ($6.00) of such fee shall be paid to the county treasurer who shall, 28 within five (5) days after the end of the month, pay such fees to the state 29 treasurer for deposit in the senior magistrate judges fund. 30 (j) A fee of nine dollars ($9.00) shall be paid by a party initiating a 31 change of venue. Such fee shall be paid to the clerk of the court of the 32 county to which venue is changed. All of such fee shall be paid to the county 33 treasurer for deposit in the district court fund of the county. 34 (k) A fee of fifteen dollars ($15.00) shall be paid by any party appear- 35 ing after judgment or applying to reopen a case. Nine dollars ($9.00) of such 36 fee shall be paid to the county treasurer for deposit in the district court 37 fund of the county; and six dollars ($6.00) of such fee shall be paid to the 38 county treasurer who shall, within five (5) days after the end of the month, 39 pay such fees to the state treasurer for deposit in the senior magistrate 40 judges fund. A fee of thirty-eight dollars ($38.00) shall be paid by a party 41 applying to reopen a divorce action or modify a divorce decree, with seventeen 42 dollars ($17.00) of the fee to be paid to the county treasurer for deposit in 43 the district court fund of the county; fifteen dollars ($15.00) of such fee to 44 be paid to the county treasurer who shall pay such fees to the state treasurer 45 for deposit in accordance with subsection (p) of this section; and six dollars 46 ($6.00) of such fee to be paid to the county treasurer who shall, within five 47 (5) days after the end of the month, pay such fees to the state treasurer for 48 deposit in the senior magistrate judges fund. 49 (l) A fee of fifteen dollars ($15.00) shall be paid by a party taking an 50 appeal from the magistrate's division of the district court to the district 51 court; and six dollars ($6.00) of such fee shall be paid to the county trea- 52 surer who shall, within five (5) days after the end of the month, pay such 53 fees to the state treasurer for deposit in the senior magistrate judges fund. 54 No additional fee shall be required if a new trial is granted. All of such fee 55 shall be paid to the county treasurer for deposit in the district court fund 8 1 of the county. 2 (m) A fee of fifteen dollars ($15.00) shall be paid by the party taking 3 an appeal from the district court to the supreme court for comparing and cer- 4 tifying the transcript on appeal, if such certificate is required. Nine dol- 5 lars ($9.00) of such fee shall be paid to the county treasurer for deposit in 6 the district court fund of the county; and six dollars ($6.00) of such fee 7 shall be paid to the county treasurer who shall, within five (5) days after 8 the end of the month, pay such fees to the state treasurer for deposit in the 9 senior magistrate judges fund. 10 (n) Fees not covered by this section shall be set by rule or administra- 11 tive order of the supreme court. 12 (o) All fees required to be paid by this section or by rule or adminis- 13 trative order of the supreme court shall be collected by the clerk of the dis- 14 trict court or by a person appointed by the clerk of the district court for 15 this purpose. If it appears that there is a necessity for such fees to be col- 16 lected by persons other than the clerk of the district court or a person des- 17 ignated by the clerk for such purpose, the supreme court by rule or adminis- 18 trative order may provide for the designation of persons authorized to receive 19 such fees. Persons so designated shall account for such fees in the same man- 20 ner required of the clerk of the district court and shall pay such fees to the 21 clerk of the district court of the county in which such fees are collected. 22 (p) That portion of the filing fees required to be remitted to the state 23 treasurer for deposit pursuant to subsections (a), (b), (c), (d) and (f) of 24 this section shall be apportionedeighty-six percent (86%) to the state gen-25eral fund andin the following manner within five (5) days after the end of 26 the month in which such fees were remitted to the county treasurer: fourteen 27 percent (14%) shall be deposited to the peace officers standards and training 28 fund authorized in section 19-5116, Idaho Code,;within five (5) days after29the end of the month in which such fees were remitted to the county treasurer30 and, of the remaining eighty-six percent (86%), eighty percent (80%) shall be 31 deposited to the state general fund and twenty percent (20%) shall be depos- 32 ited to the judges' retirement stabilization fund. That portion of the filing 33 fees required to be remitted to a city treasurer for deposit in the city's 34 general fund shall be remitted within five (5) days after the end of the month 35 in which such fees were remitted to the county treasurer. 36 (q) Of the fees derived from the filing of any divorce action required to 37 be transmitted to the state treasurer, the county treasurer shall retain five 38 dollars ($5.00), which shall be separately identified and deposited in the 39 district court fund of the county. Such moneys shall be used exclusively for 40 the purpose of establishing a uniform system of qualifying and approving per- 41 sons, agencies or organizations to conduct evaluations of persons convicted of 42 domestic assault or battery as provided in section 18-918, Idaho Code, and the 43 administration of section 18-918(7), Idaho Code, relating to the evaluation 44 and counseling or other treatment of such persons, including the payment of 45 the costs of evaluating and counseling or other treatment of an indigent 46 defendant. No provision of chapter 52, title 39, Idaho Code, shall apply to 47 the moneys provided for in this subsection. 48 (r) In consideration of the aforesaid fees the clerk of the district 49 court shall be required to perform all lawful service that may be required of 50 him by any party thereto; provided, that he shall not prepare and furnish any 51 certified copy of any file or record in an action except printed transcript on 52 appeal, without additional compensation as provided by law.
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STATEMENT OF PURPOSE
RS 17575
This bill provides a system for stabilizing the Judges'
Retirement Fund (JRF). This retirement plan, established in
1947, has assisted in the recruitment and retention of
highly capable Supreme Court justices, judges of the Court
of Appeals, and district judges. It is funded by a
combination of civil filing fees, employee and employer
contributions, and the return on the investment of funds.
The JRF is a small pension fund and is therefore more
vulnerable to market fluctuations.
This bill does not change the benefits paid to retired
judges or their survivors. It does not impose any
additional fees, costs or fines. It creates a Judges'
Retirement Stabilization Fund, roughly similar to the
existing Budget Stabilization Fund. This fund would be
supported by the transfer of a portion of fees, court costs,
fines and forfeitures imposed under existing statutes. If
the assets of the JRF were less than the JRF's actuarial
accrued liabilities in a given year, the Treasurer would
transfer an amount from the Judges' Retirement Stabilization
Fund to the JRF. This amount would be the lesser of: (1)
the value of the liabilities of the JRF less the value of
the assets of the JRF; or (2) the amount of funds in the
Judges' Retirement Stabilization Fund. There would also be
a limit on the amount of funds that could be accumulated in
the Judges' Retirement Stabilization Fund. If the amount in
this fund, plus the assets of the JRF, exceeded the
liabilities of the JRF by more than 10%, the excess would be
transferred to the general fund; this level of 110% funding
is consistent with accepted standards for defined benefit
plans, including those set forth by federal regulation. If
the amount in the Judges' Retirement Stabilization Fund
exceeded the projected employers' contribution to the JRF
for the coming fiscal year, no general fund moneys would be
appropriated for the employers' contribution for that year.
FISCAL NOTE
The Judges' Retirement Stabilization Fund would be
supported with 20% of the funds from existing filing fees,
court costs, fines and forfeitures that currently are
deposited in the general fund. Based on current figures,
the amount deposited annually in the Judges' Retirement
Stabilization Fund would be approximately $1,000,000. The
total cap on the moneys in the Judges Retirement
Stabilization Fund, combined with the assets of the JRF,
would be 110% of the liabilities of the JRF. Any funds in
the Judges' Retirement Stabilization fund in excess of this
amount would be deposited in the general fund. If the
amount in the Judges' Retirement Stabilization Fund exceeded
the projected employers' contribution to the JRF for the
coming fiscal year, no funds would be appropriated from the
general fund for the employers' contribution. When this
occurs, it would save approximately $380,000 annually in
general fund moneys. This will be a $1,000,000 impact to
the general fund.
Contact Persons:
Representative Jim Clark, Chairman
Judiciary, Rules & Administration Committee
Phone: 332-1127
STATEMENT OF PURPOSE/FISCAL NOTE H 369