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IN THE HOUSE OF REPRESENTATIVES
BY WAYS AND MEANS COMMITTEE
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AN ACT
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TO INCREASE CERTAIN FILING FEES AND TO PROVIDE FOR REMITTANCE OF THE FEE
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hereby amended by the addition thereto of a NEW SECTION, to be known and des-
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state treasury the access to justice fund. Moneys deposited into the fund
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indigent persons in civil matters and to meet the costs of maintaining the
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expended for class action lawsuits, criminal cases or lawsuits against the
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gal representation and advocacy to low-income Idahoans in civil matters con-
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cerning domestic violence, abused and neglected children, elder care and ex-
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ploitation, foreclosures and veterans' issues.
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(4) Moneys expended pursuant to subsection (3) of this section may not
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be used for class action lawsuits, criminal cases, representation of persons
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representation of undocumented persons or lawsuits against the state of
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of the state or those political subdivisions' employees in their employment
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capacity.
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the legislature reflecting an accounting of expenditures from the access to
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justice fund.
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amended to read as follows:
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mand and receive the following fees for services rendered by him in discharg-
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ing the duties imposed upon him by law:
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(1) Civil cases. A fee of fifty sixty dollars ($560.00) for filing a
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civil case of any type in the district court or in the magistrate's division
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of the district court with the following exceptions:
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(a) The fee for small claims shall be as provided in section 1-2303,
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(b) No filing fee shall be charged in the following types of cases:
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mitment of mentally ill persons;
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(ii) Cases brought under the juvenile corrections act;
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(iii) Cases brought under the child protective act;
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(iv) Demands for bond before a personal representative is ap-
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pointed in probate;
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(v) Petitions for sterilization;
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(vii) Registration of trusts and renunciations;
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(viii) Petitions for leave to compromise the disputed claim of a
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minor;
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(ix) Petitions for a civil protection order or to enforce a for-
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eign civil protection order pursuant to chapter 63, title 39,
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(x) Objections to the appointment of a guardian filed by a minor
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or an incapacitated person;
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(xi) Proceedings to suspend a license for nonpayment of child
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(xii) Proceedings under the uniform post-conviction procedure
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(xiii) Filings of a custody decree from another state;
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(xiv) Filings of any answer after an initial appearance fee has
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been paid.
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The filing fee of fifty sixty dollars ($560.00) shall be distributed as fol-
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lows: seventeen dollars ($17.00) of such filing fee shall be paid to the
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county treasurer for deposit in the district court fund of the county; ten
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dollars ($10.00) of such filing fee shall be paid to the county treasurer who
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shall, within five (5) days after the end of the month, pay such fees to the
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state treasurer for deposit into the ISTARS technology fund; seventeen dol-
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lars ($17.00) of such filing fee shall be paid to the county treasurer who
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shall pay such fees to the state treasurer for deposit in accordance with
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subsection (15) of this section; and six dollars ($6.00) of such filing fee
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shall be paid to the county treasurer who shall, within five (5) days after
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the end of the month, pay such fees to the state treasurer for deposit in the
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senior magistrate judges fund; and ten dollars ($10.00) of such filing fee
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shall be paid to the county treasurer who shall, within five (5) days after
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the end of the month, pay such fees to the state treasurer for deposit in the
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access to justice fund.
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(2) Felonies and misdemeanors. A fee of seventeen dollars and fifty
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cents ($17.50) shall be paid, but not in advance, by each person found guilty
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of any felony or misdemeanor, except when the court orders such fee waived
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because the person is indigent and unable to pay such fee. If the magistrate
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court facilities are provided by the county, five dollars ($5.00) of such fee
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shall be paid to the county treasurer for deposit in the district court fund
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of the county; and twelve dollars and fifty cents ($12.50) of such fee shall
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be paid to the county treasurer who shall pay such fees to the state treasurer
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for deposit in accordance with subsection (15) of this section. If the mag-
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istrate court facilities are provided by a city, five dollars ($5.00) of such
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fee shall be paid to the city treasurer for deposit in the city general fund,
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two dollars and fifty cents ($2.50) of such fee shall be paid to the city
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treasurer for deposit in the city capital facilities fund for the construc-
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tion, remodeling and support of magistrate court facilities, and ten dollars
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($10.00) of such fee shall be paid to the county treasurer who shall pay such
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fees to the state treasurer for deposit in accordance with subsection (15) of
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this section.
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(3) Infractions. A fee of sixteen dollars and fifty cents ($16.50)
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shall be paid, but not in advance, by each person found to have committed
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an infraction or any minor traffic, conservation or ordinance violation;
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provided that the judge or magistrate may in his or her discretion consoli-
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date separate nonmoving traffic offenses into one (1) offense for purposes
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of assessing such fee. If the magistrate court facilities are provided by
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the county, five dollars ($5.00) of such fee shall be paid to the county
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treasurer for deposit in the district court fund of the county; and eleven
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dollars and fifty cents ($11.50) of such fee shall be paid to the county
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treasurer, who shall pay such fees to the state treasurer for deposit in
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accordance with subsection (15) of this section. If the magistrate court
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facilities are provided by a city, five dollars ($5.00) of such fee shall be
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paid to the city treasurer for deposit in the city general fund, two dollars
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and fifty cents ($2.50) of such fee shall be paid to the city treasurer for
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deposit in the city capital facilities fund for the construction, remodeling
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and support of magistrate court facilities, and nine dollars ($9.00) of such
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fee shall be paid to the county treasurer who shall pay such fees to the state
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treasurer for deposit in accordance with subsection (15) of this section.
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(4) Initial appearance other than plaintiff. A fee of thirty forty dol-
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lars ($340.00) shall be paid for any filing constituting the initial appear-
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ance by a party, except the plaintiff, in any civil action in the district
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court or in the magistrate's division of the district court, except small
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claims. If two (2) or more parties are making their initial appearance in the
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same filing, then only one (1) filing fee shall be collected. Of such fee,
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four dollars ($4.00) shall be paid to the county treasurer for deposit in the
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district court fund of the county; ten dollars ($10.00) of such fee shall be
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paid to the county treasurer who shall, within five (5) days after the end
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of the month, pay such fees to the state treasurer for deposit into the IS-
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TARS technology fund; ten dollars ($10.00) of such fee shall be paid to the
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county treasurer who shall pay such fees to the state treasurer for deposit
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in accordance with subsection (15) of this section; and six dollars ($6.00)
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of such fee shall be paid to the county treasurer who shall, within five (5)
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days after the end of the month, pay such fees to the state treasurer for de-
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posit in the senior magistrate judges fund; and ten dollars ($10.00) of such
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fee shall be paid to the county treasurer who shall, within five (5) days af-
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ter the end of the month, pay such fees to the state treasurer for deposit in
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the access to justice fund.
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(5) Accountings. A fee of nine dollars ($9.00) shall be paid by the per-
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son or persons required to make an account pursuant to either chapter 11 or
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such fee shall be paid to the county treasurer for deposit in the district
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court fund of the county.
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(6) Distribution of estate. A fee of twentythirty-five dollars
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($235.00) shall be paid upon the filing of a petition of the executor or ad-
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ministrator or of any person interested in an estate for the distribution of
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such estate, six dollars ($6.00) of such fee shall be paid to the county trea-
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surer for deposit in the district court fund of the county; thirteen dollars
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($13.00) of such fee shall be paid to the county treasurer who shall pay such
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fees to the state treasurer for deposit in accordance with subsection (15) of
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this section; and six dollars ($6.00) of such fee shall be paid to the county
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treasurer who shall, within five (5) days after the end of the month, pay such
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fees to the state treasurer for deposit in the senior magistrate judges fund;
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and ten dollars ($10.00) of such fee shall be paid to the county treasurer who
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shall, within five (5) days after the end of the month, pay such fees to the
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state treasurer for deposit in the access to justice fund.
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(7) Third party claim. A fee of fourteen twenty-four dollars ($124.00)
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rules of civil procedure. Eight dollars ($8.00) of such fee shall be paid to
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the county treasurer for deposit in the district court fund of the county;
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and six dollars ($6.00) of such fee shall be paid to the county treasurer who
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shall, within five (5) days after the end of the month, pay such fees to the
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state treasurer for deposit in the senior magistrate judges fund; and ten
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dollars ($10.00) of such fee shall be paid to the county treasurer who shall,
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within five (5) days after the end of the month, pay such fees to the state
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treasurer for deposit in the access to justice fund.
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(8) Cross-claims. A fee of fourteen twenty-four dollars ($124.00)
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shall be paid by any party filing a cross-claim. Eight dollars ($8.00) of
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such fee shall be paid to the county treasurer for deposit in the district
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court fund of the county; and six dollars ($6.00) of such fee shall be paid
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to the county treasurer who shall, within five (5) days after the end of the
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month, pay such fees to the state treasurer for deposit in the senior magis-
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trate judges fund; and ten dollars ($10.00) of such fee shall be paid to the
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county treasurer who shall, within five (5) days after the end of the month,
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pay such fees to the state treasurer for deposit in the access to justice
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fund.
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(9) Change of venue. A fee of nine dollars ($9.00) shall be paid by a
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party initiating a change of venue. Such fee shall be paid to the clerk of the
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court of the county to which venue is changed. All of such fee shall be paid
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to the county treasurer for deposit in the district court fund of the county.
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(10) Reopening a case. A fee of fifteen twenty-five dollars ($125.00)
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shall be paid by any party appearing after judgment or applying to reopen a
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case. Nine dollars ($9.00) of such fee shall be paid to the county treasurer
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for deposit in the district court fund of the county; and six dollars ($6.00)
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of such fee shall be paid to the county treasurer who shall, within five (5)
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days after the end of the month, pay such fees to the state treasurer for de-
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posit in the senior magistrate judges fund; and ten dollars ($10.00) of such
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fee shall be paid to the county treasurer who shall, within five (5) days af-
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ter the end of the month, pay such fees to the state treasurer for deposit
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in the access to justice fund. A fee of thirtyforty-eight dollars ($348.00)
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shall be paid by a party applying to reopen a divorce action or modify a di-
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vorce decree, with seventeen dollars ($17.00) of the fee to be paid to the
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county treasurer for deposit in the district court fund of the county; fif-
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teen dollars ($15.00) of such fee to be paid to the county treasurer who shall
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pay such fees to the state treasurer for deposit in accordance with subsec-
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tion (15) of this section; and six dollars ($6.00) of such fee to be paid to
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the county treasurer who shall, within five (5) days after the end of the
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month, pay such fees to the state treasurer for deposit in the senior magis-
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trate judges fund; and ten dollars ($10.00) of such fee shall be paid to the
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county treasurer who shall, within five (5) days after the end of the month,
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pay such fees to the state treasurer for deposit in the access to justice
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fund.
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(11) Appeal to district court. A fee of fifteen twenty-five dollars
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($125.00) shall be paid by a party taking an appeal from the magistrate's
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division of the district court to the district court; and six dollars ($6.00)
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of such fee shall be paid to the county treasurer who shall, within five (5)
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days after the end of the month, pay such fees to the state treasurer for
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deposit in the senior magistrate judges fund; and ten dollars ($10.00) of
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such fee shall be paid to the county treasurer who shall, within five (5) days
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after the end of the month, pay such fees to the state treasurer for deposit
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in the access to justice fund. No additional fee shall be required if a new
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trial is granted. All of such fee shall be paid to the county treasurer for
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deposit in the district court fund of the county.
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(12) Appeal to supreme court. A fee of fifteen twenty-five dollars
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($125.00) shall be paid by the party taking an appeal from the district court
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to the supreme court for comparing and certifying the transcript on appeal,
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if such certificate is required. Nine dollars ($9.00) of such fee shall be
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paid to the county treasurer for deposit in the district court fund of the
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county; and six dollars ($6.00) of such fee shall be paid to the county trea-
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surer who shall, within five (5) days after the end of the month, pay such
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fees to the state treasurer for deposit in the senior magistrate judges fund;
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and ten dollars ($10.00) of such fee shall be paid to the county treasurer who
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shall, within five (5) days after the end of the month, pay such fees to the
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state treasurer for deposit in the access to justice fund.
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(13) Fees not covered by this section shall be set by rule or administra-
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tive order of the supreme court.
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(14) All fees required to be paid by this section or by rule or admin-
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istrative order of the supreme court shall be collected by the clerk of the
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district court or by a person appointed by the clerk of the district court
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for this purpose. If it appears that there is a necessity for such fees to
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be collected by persons other than the clerk of the district court or a per-
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son designated by the clerk for such purpose, the supreme court by rule or
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administrative order may provide for the designation of persons authorized
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to receive such fees. Persons so designated shall account for such fees in
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the same manner required of the clerk of the district court and shall pay such
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fees to the clerk of the district court of the county in which such fees are
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collected.
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(15) That portion of the filing fees required to be remitted to the state
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treasurer for deposit pursuant to subsections (1), (2), (3), (4), (6) and
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(10) of this section shall be apportioned eighty-six percent (86%) to the
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state general fund and fourteen percent (14%) to the peace officers stan-
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five (5) days after the end of the month in which such fees were remitted to
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the county treasurer. That portion of the filing fees required to be remit-
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ted to a city treasurer for deposit in the city's general fund shall be re-
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mitted within five (5) days after the end of the month in which such fees were
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remitted to the county treasurer.
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(16) Of the fees derived from the filing of any divorce action required
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to be transmitted to the state treasurer, the county treasurer shall retain
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five dollars ($5.00), which shall be separately identified and deposited in
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the district court fund of the county. Such moneys shall be used exclusively
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for the purpose of establishing a uniform system of qualifying and approving
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persons, agencies or organizations to conduct evaluations of persons con-
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the evaluation and counseling or other treatment of such persons, includ-
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ing the payment of the costs of evaluating and counseling or other treatment
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shall apply to the moneys provided for in this subsection.
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(17) In consideration of the aforesaid fees the clerk of the district
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court shall be required to perform all lawful service that may be required of
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him by any party thereto; provided, that he shall not prepare and furnish any
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certified copy of any file or record in an action except printed transcript
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on appeal, without additional compensation as provided by law.