HOUSE BILL NO. 207

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Bill Status



H0207................................by JUDICIARY, RULES AND ADMINISTRATION
ISTARS - Amends existing law relating to the Idaho Statewide Trial Court
Automated Records System (ISTARS) to provide that moneys in the ISTARS
Technology Fund may be used for other technologies that assist in the
efficient management of the courts or that improve access to the courts and
court records; to increase the ISTARS technology fee; and to revise court
fees.
                                                                        
02/14    House intro - 1st rdg - to printing
;2/15    Rpt prt - to Jud
02/22    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 62-5-3
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bedke, Bell, Bilbao,
      Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow,
      Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
      Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp,
      Lake, LeFavour, Martinez, Mathews, McGeachin, Miller, Mitchell,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo,
      Roberts, Rusche, Rydalch, Sayler, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Mr. Speaker
      NAYS -- Barrett, Loertscher, McKague, Schaefer, Wood
      Absent and excused -- Bayer, Black, Sali
    Floor Sponsors - Hart, Field(18) & Wills
    Title apvd - to Senate
03/02    Senate intro - 1st rdg - to Jud
03/21    Rpt out - rec d/p - to 2nd rdg
03/22    2nd rdg - to 3rd rdg
03/23    3rd rdg - PASSED - 34-0-0, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- (District 21 seat vacant)
    Floor Sponsor - Darrington
    Title apvd - to House
03/24    To enrol
03/28    Rpt enrol - Sp signed
03/29    Pres signed
03/30    To Governor
04/01    Governor signed
         Session Law Chapter 240
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 207
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE IDAHO STATEWIDE TRIAL COURT AUTOMATED RECORDS SYSTEM; AMENDING
  3        SECTION 1-1623, IDAHO CODE, TO PROVIDE THAT MONEYS IN THE ISTARS  TECHNOL-
  4        OGY  FUND  MAY BE USED FOR OTHER TECHNOLOGIES THAT ASSIST IN THE EFFICIENT
  5        MANAGEMENT OF THE COURTS OR THAT IMPROVE ACCESS TO THE  COURTS  AND  COURT
  6        RECORDS;  AMENDING  SECTION  31-3201,  IDAHO  CODE, TO INCREASE THE ISTARS
  7        TECHNOLOGY FEE; AMENDING SECTION 31-3201A, IDAHO  CODE,  TO  REVISE  COURT
  8        FEES AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section  1-1623, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        1-1623.  IDAHO STATEWIDE TRIAL COURT  AUTOMATED  RECORDS  SYSTEM  (ISTARS)
 13    TECHNOLOGY  FUND. There is hereby created in the office of the state treasurer
 14    the ISTARS technology fund. Moneys deposited into the fund  pursuant  to  sec-
 15    tions 31-3201 and 31-3201A, Idaho Code, upon appropriation by the legislature,
 16    shall  be  used by the supreme court for the purpose of maintaining, replacing
 17    and enhancing  the  Idaho  Statewide  Trial  Court  Automated  Records  System
 18    (ISTARS)  program, and other technologies that assist in the efficient manage-
 19    ment of the courts or that improve access to the courts and court records. The
 20    ISTARS technology fund shall be separate and distinct from the  state  general
 21    fund,  and  expenditures from the ISTARS technology fund shall be solely dedi-
 22    cated to the purposes set forth in this section.  Moneys  deposited  into  the
 23    fund  may  be  allowed  to accumulate from year to year for designated mainte-
 24    nance, replacement, extension or enhancement of the ISTARS  program.  Interest
 25    earned on the investment of idle moneys in the ISTARS technology fund shall be
 26    returned to the ISTARS technology fund.
                                                                        
 27        SECTION  2.  That  Section 31-3201, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        31-3201.  CLERK OF DISTRICT COURT -- FEES. (1) The clerk of  the  district
 30    court  shall  lawfully  charge, demand and receive the following fees for ser-
 31    vices rendered by him in discharging the duties imposed upon him by law:
 32        For filing and docketing abstract or transcript of judgment  from  another
 33    court .................................................................. $2.00
 34        For  issuing execution upon an abstract or transcript of judgment and fil-
 35    ing same on return ..................................................... $2.00
 36        For recording execution issued upon abstract or  transcript  of  judgment,
 37    per page ............................................................... $2.00
 38        For taking affidavits, including jurat ............................. $1.00
 39        For taking acknowledgments, including seal ......................... $1.00
 40        For  filing  and  indexing  designation  of  agent  of foreign corporation
 41    ........................................................................ $2.00
                                                                        
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  1        For filing and indexing notarial statement ......................... $2.00
  2        For making copy of any file or record,  by  the  clerk,  the  clerk  shall
  3    charge and receive, per page ........................................... $1.00
  4        For  comparing  and  conforming a prepared copy of any file or record, the
  5    clerk  shall charge and receive, per page .............................. $ .50
  6        For certifying the same an additional fee for certificate and seal . $1.00
  7        For all services not herein enumerated, and of him lawfully required,  the
  8    clerk  of  the district court shall demand and receive such fees as are herein
  9    allowed for similar services.
 10        (2)  All fees collected under the provisions of this section shall be paid
 11    over to the county treasurer, at the same time and in the same manner as other
 12    fees.
 13        (3)  In addition to all other fines, forfeitures and costs levied  by  the
 14    court,  the  clerk of the district court shall collect ten dollars ($10.00) as
 15    an administrative surcharge fee  on  each  criminal  case,  and  five  dollars
 16    ($5.00) on each infraction to be paid over to the county treasurer at the same
 17    time  and in the same manner as other fees, for the support of the county jus-
 18    tice fund, or the current expense fund if no  county  justice  fund  has  been
 19    established,  and shall collect ten dollars ($10.00) as an administrative sur-
 20    charge fee on each civil case, including each appeal, to be paid over  to  the
 21    county  treasurer  for  the support of the county court facilities fund, or to
 22    the district court fund if no county court facilities  fund  has  been  estab-
 23    lished.
 24        (4)  Provided  further,  an additional handling fee of two dollars ($2.00)
 25    shall be imposed on each monthly installment of criminal or infraction  fines,
 26    forfeitures, and other costs paid on a monthly basis.
 27        (5)  Provided  further,  in  addition  to all other fines, forfeitures and
 28    costs levied by the court, the clerk of the district court shall collect  five
 29    ten  dollars ($510.00) as an Idaho Statewide  Trial  Court  Automated  Records
 30    System  (ISTARS)  technology fee on each criminal and infraction offense to be
 31    paid over to the county treasurer who shall, within five (5)  days  after  the
 32    end  of  the  month,  pay such fee to the state treasurer for deposit into the
 33    ISTARS technology fund.
                                                                        
 34        SECTION 3.  That Section 31-3201A, Idaho Code, be, and the same is  hereby
 35    amended to read as follows:
                                                                        
 36        31-3201A.  COURT  FEES. The clerk of the district court in addition to the
 37    fees and charges imposed by chapter 20, title 1, Idaho Code, and  in  addition
 38    to the fee levied by chapter 2, title 73, Idaho Code, shall charge, demand and
 39    receive  the  following  fees  for services rendered by him in discharging the
 40    duties imposed upon him by law;
 41        (a)  A fee of forty-four dollars ($3944.00) for filing a civil case of any
 42    type in the district court or in the magistrate's division  of  the   district
 43    court  including  cases  involving  the  administration of decedents' estates,
 44    whether testate or intestate, and conservatorships of the  person  or  of  the
 45    estate or both with the following exceptions:
 46        The  filing  fee shall be twenty-two dollars ($1722.00) in each case where
 47    the amount of money or damages or the value of personal property claimed  does
 48    not  exceed  three hundred dollars ($300). The filing fee shall be twenty-four
 49    dollars ($1924.00)  in the following types of cases:
 50        (1)  Where the amount of money or damages or the value of  personal  prop-
 51        erty  claimed exceeds three hundred dollars ($300) but does not exceed one
 52        thousand dollars ($1,000);
 53        (2)  Where a case is brought for forcible or unlawful  entry  or  detainer
                                                                        
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  1        whether  brought  for  rent  or  possession  or both and regardless of the
  2        amount;
  3        (3)  Where a case is brought under chapter 20, title 16, Idaho  Code,  for
  4        the termination of parent-child relationship;
  5        (4)  Where  a  case  is brought under chapter 2, title 32, Idaho Code, for
  6        permission to marry;
  7        (5)  Where a case involving the administration of a decedent's  estate  is
  8        brought under the Ssummary Aadministration of Ssmall Eestates Aact;
  9        (6)  In  cases  where  a court order is issued only for a certain specific
 10        reason other than the administering of an estate, including, but not  lim-
 11        ited  to,  proceedings  brought  under  sections  14-114, 15-514, 15-1401,
 12        15-1518 and/or 15-1709, Idaho Code, or for some specific reason;
 13        (7)  In cases brought to determine heirship without administration;
 14        (8)  In cases brought to determine inheritance or transfer tax;
 15        (9)  In proceedings brought for adoption;
 16        (10) In proceedings brought for letters of guardianship of the  person  or
 17        of the estate or both.
 18        No filing fee shall be charged in the following types of cases:
 19        (1)  In  cases  brought under chapter 3, title 66, Idaho Code, for commit-
 20        ment of mentally ill persons;
 21        (2)  In cases brought under the Jjuvenile Ccorrections Aact;
 22        (3)  In cases brought under the Cchild Pprotective Aact.
 23        In all cases in which a filing fee of  forty-four  dollars  ($3944.00)  is
 24    paid,  seventeen  dollars  ($17.00)  of  such  filing fee shall be paid to the
 25    county treasurer for deposit in  the district court fund of  the  county;  ten
 26    dollars  ($510.00)  of  such  filing fee shall be paid to the county treasurer
 27    who shall, within five (5) days after the end of the month, pay such  fees  to
 28    the state treasurer for deposit into the ISTARS technology fund; and seventeen
 29    dollars  ($17.00) of such filing fee shall be paid to the county treasurer who
 30    shall pay such fees to the state treasurer for deposit in accordance with sub-
 31    section (p) of this section. In all cases in which a filing fee of twenty-four
 32    dollars ($1924.00) is paid, four dollars  ($4.00) of such filing fee shall  be
 33    paid  to  the  county  treasurer for deposit in the district court fund of the
 34    county; ten dollars  ($510.00) of such filing fee shall be paid to the  county
 35    treasurer who shall, within five (5) days after the end of the month, pay such
 36    fees  to  the state treasurer for deposit into the ISTARS technology fund; and
 37    ten dollars ($10.00) of such filing fee shall be paid to the county  treasurer
 38    who  shall pay such fees to the state treasurer for deposit in accordance with
 39    subsection (p) of this section. In all cases in which a filing fee of  twenty-
 40    two dollars ($1722.00) is paid, three dollars ($3.00) of such filing fee shall
 41    be  paid to the county treasurer for deposit in the district court fund of the
 42    county; ten dollars ($510.00) of such filing fee shall be paid to  the  county
 43    treasurer who shall, within five (5) days after the end of the month, pay such
 44    fees  to  the state treasurer for deposit into the ISTARS technology fund; and
 45    nine dollars ($9.00) of such filing fee shall be paid to the county  treasurer
 46    who  shall pay such fees to the state treasurer for deposit in accordance with
 47    subsection (p) of this section.
 48        (b)  A fee of seventeen dollars and fifty cents ($17.50)  shall  be  paid,
 49    but  not in advance, by each person found guilty of any felony or misdemeanor,
 50    except when the court orders such fee waived because the  person  is  indigent
 51    and unable to pay such fee. If the magistrate court facilities are provided by
 52    the county, five dollars ($5.00) of such fee shall be paid to the county trea-
 53    surer for deposit in the district court fund of the county; and twelve dollars
 54    and fifty cents ($12.50) of such fee shall be paid to the county treasurer who
 55    shall pay such fees to the state treasurer for deposit in accordance with sub-
                                                                        
                                           4
                                                                        
  1    section  (p) of this section. If the magistrate  court facilities are provided
  2    by a city, five dollars ($5.00) of such fee shall be paid to  the  city  trea-
  3    surer  for  deposit  in  the  city  general  fund, two dollars and fifty cents
  4    ($2.50) of such fee shall be paid to the city treasurer  for  deposit  in  the
  5    city  capital  facilities fund for the construction, remodeling and support of
  6    magistrates court facilities, and ten dollars ($10.00) of such  fee  shall  be
  7    paid  to  the  county treasurer who shall pay such fees to the state treasurer
  8    for deposit in accordance with subsection (p) of this section.
  9        (c)  A fee of sixteen dollars and fifty cents ($16.50) shall be paid,  but
 10    not  in  advance,  by each person found to have committed an infraction or any
 11    minor traffic, conservation or ordinance violation; provided that the judge or
 12    magistrate may in his or her discretion consolidate separate nonmoving traffic
 13    offenses into one (1) offense for purposes of assessing such fee. If the  mag-
 14    istrate  court  facilities are provided by the county, five dollars ($5.00) of
 15    such fee shall be paid to the county treasurer for  deposit  in  the  district
 16    court  fund of the county; and eleven dollars and fifty cents ($11.50) of such
 17    fee shall be paid to the county treasurer, who shall  pay  such  fees  to  the
 18    state treasurer for deposit in accordance with subsection (p) of this section.
 19    If  the  magistrate  court  facilities  are  provided  by a city, five dollars
 20    ($5.00) of such fee shall be paid to the city treasurer  for  deposit  in  the
 21    city  general  fund,  two dollars and fifty cents ($2.50) of such fee shall be
 22    paid to the city treasurer for deposit in the city capital facilities fund for
 23    the construction, remodeling and support of magistrate court  facilities,  and
 24    nine  dollars  ($9.00)  of  such fee shall be paid to the county treasurer who
 25    shall pay such fees to the state treasurer for deposit in accordance with sub-
 26    section (p) of this section.
 27        (d)  A fee of twenty-four dollars ($1924.00) shall be paid by  any  party,
 28    except  the  plaintiff,  making an appearance in any civil action in the  dis-
 29    trict court or in the magistrate's division of the  district  court.  Of  such
 30    fee, four dollars ($4.00) shall be paid to the county treasurer for deposit in
 31    the  district  court  fund  of  the county; ten dollars ($510.00)  of such fee
 32    shall be paid to the county treasurer who shall, within five  (5)  days  after
 33    the  end  of  the month, pay such fees to the state treasurer for deposit into
 34    the ISTARS technology fund; and ten dollars ($10.00) of such fee shall be paid
 35    to the county treasurer who shall pay such fees to  the  state  treasurer  for
 36    deposit in accordance with subsection (p) of this section.
 37        (e)  A  fee of nine dollars ($9.00) shall be paid by the person or persons
 38    required to make an account pursuant to either chapter 11 or chapter 18, title
 39    15, Idaho Code, at the time such account is filed. All of such  fee  shall  be
 40    paid  to  the  county  treasurer for deposit in the district court fund of the
 41    county.
 42        (f)  A fee of nineteen dollars ($19.00) shall be paid upon the filing of a
 43    petition of the executor or administrator or of any person  interested  in  an
 44    estate  for  the  distribution of such estate, six dollars ($6.00) of such fee
 45    shall be paid to the county treasurer for deposit in the district  court  fund
 46    of  the county; and thirteen dollars ($13.00) of such fee shall be paid to the
 47    county treasurer who shall pay such fees to the state treasurer for deposit in
 48    accordance with subsection (p) of this section.
 49        (g)  A fee of seven dollars ($7.00) shall be paid by  an  intervenor  upon
 50    making  an  appearance  in  any  civil  action in the district court or in the
 51    magistrate's division of the district court. All of such fee shall be paid  to
 52    the county treasurer for deposit in the district court fund of the county.
 53        (h)  A  fee  of  eight  dollars  ($8.00) shall be paid by a party filing a
 54    third party claim as defined in the Idaho Rules of  Civil  Procedure.  All  of
 55    such  fee  shall  be  paid to the county treasurer for deposit in the district
                                                                        
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  1    court fund of the county.
  2        (i)  A fee of eight dollars ($8.00) shall be paid by any  party  filing  a
  3    cross-claim. All of such fee shall be paid to the county treasurer for deposit
  4    in the district court fund of the county.
  5        (j)  A  fee  of nine dollars ($9.00) shall be paid by a party initiating a
  6    change of venue. Such fee shall be paid to the  clerk  of  the  court  of  the
  7    county  to which venue is changed. All of such fee shall be paid to the county
  8    treasurer for deposit in the district court fund of the county.
  9        (k)  A fee of nine dollars ($9.00) shall be paid by  any  party  appearing
 10    after  judgment or applying to reopen a case. All of such fee shall be paid to
 11    the county treasurer for deposit in the district court fund of the  county.  A
 12    fee of thirty-two dollars ($32.00) shall be paid by a party applying to reopen
 13    a  divorce  action  or modify a divorce decree, with all of the fee to be dis-
 14    tributed in the same manner as the fee provided for in subsection (a) of  this
 15    section is distributed.
 16        (l)  A  fee  of  nine  dollars  ($9.00) shall be paid by a party taking an
 17    appeal from the magistrate's division of the district court  to  the  district
 18    court.  No  additional fee shall be required if a new trial is granted. All of
 19    such fee shall be paid to the county treasurer for  deposit  in  the  district
 20    court fund of the county.
 21        (m)  A  fee  of  nine dollars ($9.00) shall be paid by the party taking an
 22    appeal from the district court to the supreme court for comparing and certify-
 23    ing the transcript on appeal, if such certificate is required. All of such fee
 24    shall be paid to the county treasurer for deposit in the district  court  fund
 25    of the county.
 26        (n)  Fees  not covered by this section shall be set by rule or administra-
 27    tive order of the supreme court.
 28        (o)  All fees required to be paid by this section or by rule  or  adminis-
 29    trative order of the supreme court shall be collected by the clerk of the dis-
 30    trict  court  or  by a person appointed by the clerk of the district court for
 31    this purpose. If it appears that there is a necessity for such fees to be col-
 32    lected by persons other than the clerk of the district court or a person  des-
 33    ignated  by  the clerk for such purpose, the supreme court by rule or adminis-
 34    trative order may provide for the designation of persons authorized to receive
 35    such fees. Persons so designated shall account for such fees in the same  man-
 36    ner required of the clerk of the district court and shall pay such fees to the
 37    clerk of the district court of the county in which such fees are collected.
 38        (p)  That  portion of the filing fees required to be remitted to the state
 39    treasurer for deposit pursuant to subsections (a), (b), (c), (d)  and  (f)  of
 40    this  section  shall  be apportioned ninety percent (90%) to the state general
 41    fund and ten percent (10%) to the peace officers standards and  training  fund
 42    authorized  in section 19-5116, Idaho Code, within five (5) days after the end
 43    of the month in which such fees were remitted to the  county  treasurer.  That
 44    portion  of  the  filing  fees required to be remitted to a city treasurer for
 45    deposit in the city's general fund shall be  remitted  within  five  (5)  days
 46    after  the  end  of  the  month in which such fees were remitted to the county
 47    treasurer.
 48        (q)  Of the fees derived from the filing of any divorce action required to
 49    be transmitted to the state treasurer, the county treasurer shall retain  five
 50    dollars  ($5.00),  which  shall  be separately identified and deposited in the
 51    district court fund of the county. Such moneys shall be used  exclusively  for
 52    the  purpose of establishing a uniform system of qualifying and approving per-
 53    sons, agencies or organizations to conduct evaluations of persons convicted of
 54    domestic assault or battery as provided in section 18-918, Idaho Code, and the
 55    administration of section 18-918(7), Idaho Code, relating  to  the  evaluation
                                                                        
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  1    and  counseling  or  other treatment of such persons, including the payment of
  2    the costs of evaluating and counseling  or  other  treatment  of  an  indigent
  3    defendant.  No  provision of chapter 52, title 39, Idaho Code, shall  apply to
  4    the moneys provided for in this subsection.
  5        (r)  In consideration of the aforesaid fees  the  clerk  of  the  district
  6    court  shall be required to perform all lawful service that may be required of
  7    him by any party thereto; provided, that he shall not prepare and furnish  any
  8    certified copy of any file or record in an action except printed transcript on
  9    appeal, without additional compensation as provided by law.

Statement of Purpose / Fiscal Impact


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                      STATEMENT OF PURPOSE

                            RS14880

This bill would broaden the applications of the Idaho Statewide
Trial Court Automated Records System (ISTARS) Technology Fund,
and would increase the ISTARS fee, which has been unchanged since
the creation of the fund in 1997.  At that time, the Legislature
created a dedicated fund for the purpose of implementing the
ISTARS trial court information system.  Court users pay an
additional $5.00 on civil filing fees and criminal dispositions,
which is deposited into the fund.  This bill would increase the
amount of the ISTARS Technology Fund fee by $5.00 for civil
filing fees and criminal convictions.  This additional revenue
would be used to develop and implement technologies such as video
teleconferencing, imaging, electronic filing and digital
recording systems in trial courts statewide.  The use of these
technologies would provide greater access to court records,
greater efficiencies for the public, and reduce time, travel and
other costs to the parties, the State of Idaho and the counties. 
Spending authority for the use of this fund is provided annually
by the Legislature. 
 


                          FISCAL NOTE

This bill has no impact on the general fund.  The increase in the
ISTARS fee would result in a doubling of the funds received by
the ISTARS Technology Fund, which would represent an annual
increase of approximately $1,500,000.00. 



Contact Person:

Patricia Tobias
Administrative Director of the Courts
(208) 334-2246


Statement of Purpose/Fiscal Note                    HB 207