2008 Legislation
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HOUSE BILL NO. 369<br /> – Judges’ retirement stabilizatn fund

HOUSE BILL NO. 369

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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

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN 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 the Ssupreme Ccourt or a judge of a district court,  an
 19    amount  equal  to  six  per cent percent (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, the Ssupreme Ccourt 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 seven per cent
 27    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

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  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        deposited  to  the state general fund in 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        deposited  to  the state general fund in 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 deposited to the state general fund in 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 deposited to the state general  fund  in
 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 deposited to the state general fund in 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 deposited  to  the  state  general
 45        fund  in  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        deposited  to  the state general fund in 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 apportioned eighty-six percent (86%) to the  state  gen-
 25    eral  fund  and  in 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  after
 29    the  end of the month in which such fees were remitted to the county treasurer
 30    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.

Statement of Purpose / Fiscal Impact


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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