T1CH20

Title 1 > T1CH20

Sections (15)

1-2001

TITLE 1 COURTS AND COURT OFFICIALS CHAPTER 20 JUDGES’ RETIREMENT AND COMPENSATION 1-2001. Supreme court justices, court of appeals judges and district judges — Age of retirement — Compensation on retirement. (1)(a) Every person who served as a justice of the supreme court or judge of the court of appeals or district judge of the district court and who was receiving benefits from the judges’ retirement fund before July 1, 2000, for such service, shall be entitled to benefits from the fund according to the formula for calculating such benefits as provided in subsection (2)(a) of this section. (b) The term retirement board as used in this chapter shall mean the retirement board created by section 59-1304 , Idaho Code. (2) Any person who is now serving or who shall hereafter serve as a justice of the supreme court, a judge of the court of appeals, or a district judge of a district court of this state shall prior to retirement elect in writing to retire under either paragraph (a) or (b) of this subsection, provided that a person who has first assumed office as a supreme court justice, judge of the court of appeals or district judge on or after July 1, 2012, and who is eligible to receive an annual retirement compensation only under the criteria set forth in subsection (3)(c) of this section, may retire only under paragraph (a) of this subsection. Any person who fails to make the election provided for in this subsection prior to retirement shall receive retirement compensation under the provisions of paragraph (a) of this subsection. (a)(i) On or after July 1, 2000, any person who has served or who is now serving or who shall hereafter serve as a justice of the supreme court, a judge of the court of appeals, or a district judge of a district court of this state may leave office or retire and be entitled to receive, and to have paid from the date of his retirement until death, an annual retirement compensation payable in monthly installments on the first day of each month. (ii) A person who assumed office as a supreme court justice, judge of the court of appeals or district judge prior to July 1, 2012, shall receive an annual retirement compensation based upon a percentage of the current annual compensation of the highest office in which such person served, unless such person makes an irrevocable election no later than August 1, 2012, to receive upon retirement an annual retirement compensation based upon the provisions in this paragraph applicable to justices or judges who first assumed such office on or after July 1, 2012. (iii) A person who first assumed office as a supreme court justice, judge of the court of appeals or district judge on or after July 1, 2012, shall receive an annual retirement compensation based upon a percentage of the annual compensation at the time of such person’s retirement or resignation from the highest office in which such person served, and such compensation shall be adjusted annually by the postretirement allowance adjust

1-2001a

TITLE 1 COURTS AND COURT OFFICIALS CHAPTER 20 JUDGES’ RETIREMENT AND COMPENSATION 1-2001a. Judges already retired — Retirement compensation — Act to operate prospectively. Every person eligible for retirement compensation who has served as justice of the Supreme Court or judge of the district court who has retired or resigned before the effective date July 1, 1967 of this act shall be entitled to receive and to have paid to him from the judges’ retirement fund, retirement compensation based upon the current annual compensation of the office from which he retired or resigned, less a sum equal to 10% of any increase in retirement compensation to which he may become entitled after the effective date of this act. This act shall operate prospectively, and shall not give to any retired justice or judge a claim against the judges’ retirement fund for any increase in retirement compensation for time elapsed prior to the effective date hereof. History: [I.C., sec. 1-2001a, as added by 1965, ch. 308, sec. 2, p. 835; am. 1967, ch. 301, sec. 2, p. 853; am. 1969, ch. 183, sec. 2, p. 543.]

1-2001b

TITLE 1 COURTS AND COURT OFFICIALS CHAPTER 20 JUDGES’ RETIREMENT AND COMPENSATION 1-2001b. Conversion of retirement compensation into optional retirement allowances — Form of optional retirement. (1) The retirement compensation of a justice or judge who, at the time of retirement, so elects shall be converted into an optional retirement allowance which is the actuarial equivalent of such retirement compensation to which the justice or judge would otherwise be entitled under section 1-2001 , Idaho Code, including the value of the spousal benefit provided by section 1-2009 , Idaho Code, provided the spouse is the contingent annuitant. The optional retirement allowance may take one (1) of the forms listed below and shall be in lieu of all other retirement compensation and benefits under this chapter, except the death benefit provided by section 1-2010 , Idaho Code. (a) Option 1 provides a reduced retirement allowance payable during the lifetime of the retired justice or judge, and a continuation thereafter of such reduced retirement allowance during the lifetime of the justice or judge’s named contingent annuitant. (b) Option 2 provides a reduced retirement allowance payable during the lifetime of the retired justice or judge, and a continuation thereafter of one-half (1/2) of such reduced retirement allowance during the lifetime of the justice or judge’s named contingent annuitant. (2) Should the named contingent annuitant under option 1 or option 2 predecease a justice or judge, upon notification to the retirement board, the justice or judge’s benefit on the first day of the month following the death of the contingent annuitant will thereafter become an allowance calculated pursuant to section 1-2001 , Idaho Code. (3) Application for any optional retirement allowance shall be in writing, duly executed and filed with the retirement board. Such application shall contain all information required by the retirement board, including such proofs of age as are deemed necessary by the retirement board. (4) A retirement option elected at the time of retirement as provided for in this section may not be changed except by written notice to the retirement board no later than five (5) business days after the receipt of the first retirement allowance. (5) Not later than one (1) year after the marriage of a retired justice or judge, the justice or judge may elect option 1 or 2 to become effective one (1) year after the date of such election, provided the justice or judge’s spouse is named as a contingent annuitant, and either: (a) The justice or judge was not married at the time of retirement; or (b) The justice or judge earlier elected option 1 or 2, having named the justice or judge’s spouse as contingent annuitant, and said spouse has died. (6) Each justice or judge receiving retirement compensation on July 1, 2000, shall have a one-time irrevocable election to name a spouse as a contingent annuitant under subsection (1)(a) of this section. History: [1-2001b,

1-2002

TITLE 1 COURTS AND COURT OFFICIALS CHAPTER 20 JUDGES’ RETIREMENT AND COMPENSATION 1-2002. Judges’ retirement fund — powers and duties of the retirement board — indemnification. (1) For the purpose of paying such retirement compensation, there is hereby created in the office of the treasurer of the state of Idaho a fund to be known as the Judges’ Retirement Fund, which shall be separate and apart from all public moneys or funds of this state, which shall be maintained in trust exclusively for the purpose of the provisions of this chapter, and which shall consist of all moneys appropriated from the general fund, and all moneys received from special fees to be paid by parties to civil actions and proceedings, other than criminal, commenced in or appealed to the several courts of the state, together with all contributions out of the salaries and compensation of justices and judges, and interest received from investment, and reinvestment, of moneys of the judges’ retirement fund, all as hereinafter provided. The retirement board shall serve as trustee of the trust. (2) The members of the retirement board, public employee retirement system staff and mortgage and investment committee members shall be provided a defense and indemnified, and the retirement board may determine to provide a defense and indemnity, or refuse a defense and disavow and refuse to pay any judgment, to the same extent as provided in section 59-1305 (1), Idaho Code. (3) All sums of money so accrued and accruing to the judges’ retirement fund, less an amount deemed reasonable and necessary by the retirement board to pay for administrative expenses of the judges’ retirement fund, are hereby appropriated to the payment of the annual retirement compensation of such retired justices and judges, and to payment of the allowances to surviving spouses. (4) The retirement board shall submit an annual report for each fiscal year on the status and condition of the judges’ retirement fund to the supreme court, to the chairman of the judiciary and rules committee of the senate, to the chairman of the judiciary, rules and administration committee of the house and to the chairmen of the joint finance-appropriations committee. Such report shall include a fiscal year end actuarial evaluation of the judges’ retirement fund and shall include a specific report on any costs or savings arising from the retirement of persons under the provisions of subsection (2)(b) of section 1-2001 , Idaho Code. The retirement board shall consult with the administrative director of the courts concerning any prospective changes or amendments to statutes and rules relating to the judges’ retirement fund. History: [1-2002, added 1947, ch. 104, sec. 2, p. 210; am. 1965, ch. 308, sec. 3, p. 835; am. 1982, ch. 299, sec. 1, p. 761; am. 2012, ch. 330, sec. 3, p. 916; am. 2012, ch. 330, sec. 4, p. 916.]

1-2003

TITLE 1 COURTS AND COURT OFFICIALS CHAPTER 20 JUDGES’ RETIREMENT AND COMPENSATION 1-2003. Additional fees in civil actions and appeals. (1) In addition to the fees and charges to be collected by the clerks of the district courts of the state and by other persons authorized by rule or administrative order of the supreme court as now or hereafter provided by law, such clerks and authorized persons are directed to charge and collect the additional sum of twenty-six dollars (26.00) shall also be collected from any party, except the plaintiff, making an appearance in any civil action in the district court, but such twenty-six dollar (26.00) shall also be collected: (a) From an intervenor in an action; (b) From a party who files a third-party claim; (c) From a party who files a cross claim; (d) From a party appealing from the magistrate’s division of the district court to the district court; (e) From a party appealing the decision of any commission, board or body to the district court. (3) The clerk of the supreme court is authorized and directed to charge and collect, in addition to the fees now prescribed by law and as a part of the cost of filing the transcript on appeal in any civil case or proceeding, other than criminal, appealed to the supreme court, the additional sum of twenty-six dollars (18.00); for filing an application for any writ for which a fee is now prescribed, the additional sum of eighteen dollars (13.00). (4) The clerks of the district courts, persons authorized by rule or administrative order of the supreme court and the clerk of the supreme court are directed and required to remit all additional charges and fees authorized by this section and collected during a calendar month to the state treasurer within fifteen (15) days after the end of the month in which such fees were collected. The state treasurer shall place all such sums in the state general fund. History: [1-2003, added 1947, ch. 104, sec. 3, p. 210; am. 1963, ch. 169, sec. 2, p. 489; am. 1967, ch. 246, sec. 1, p. 713; am. 1967 (1st E.S.), ch. 6, sec. 1

1-2004

TITLE 1 COURTS AND COURT OFFICIALS CHAPTER 20 JUDGES’ RETIREMENT AND COMPENSATION 1-2004. Deductions from salaries of justices and judges — Contributions to fund. (1) The state controller shall deduct from the monthly compensation of each justice and judge now holding office, and from the monthly compensation of each person who shall thereafter assume by election or appointment the office of a justice of the supreme court, a judge of the court of appeals or a judge of a district court, an amount equal to the following percentages of his monthly compensation, and shall issue to such justice or judge a salary warrant in such reduced amount, and shall pay the withheld sums into the judges’ retirement fund; provided, however, that after twenty (20) years of service no deductions shall be taken from a judge’s compensation for payment to the judges’ retirement fund: (a) On and after July 1, 2012, and prior to July 1, 2013, seven and sixty-nine hundredths percent (7.69%). (b) On and after July 1, 2013, and prior to the date on which section 1-2004B , Idaho Code, shall be in full force and effect, nine percent (9%). (c) On and after the date on which section 1-2004B , Idaho Code, shall be in full force and effect, nine percent (9%) or such other percentage as may be determined pursuant to section 1-2004B , Idaho Code. (2) Between the first and twentieth day of each month, the supreme court shall, from appropriations made for that purpose as part of the employer’s contribution, remit to the judges’ retirement fund an amount equal to the following percentages of salaries paid during the previous month to justices and judges who are making contributions to the judges’ retirement fund: (a) On and after July 1, 2012, and prior to July 1, 2013, eight and ninety-seven hundredths percent (8.97%). (b) On and after July 1, 2013, and prior to the date on which section 1-2004A , Idaho Code, shall be in full force and effect, ten and five-tenths percent (10.5%). (c) On and after the date on which section 1-2004A , Idaho Code, shall be in full force and effect, ten and five-tenths percent (10.5%) or such other percentage as may be determined pursuant to section 1-2004A , Idaho Code. History: [1-2004, added 1947, ch. 104, sec. 4, p. 210; am. 1955, ch. 62, sec. 1, p. 120; am. 1965, ch. 308, sec. 4, p. 835; am. 1967, ch. 301, sec. 3, p. 853; am. 1969, ch. 183, sec. 3, p. 543; am. 1976, ch. 343, sec. 2, p. 1145; am. 1987, ch. 107, sec. 1, p. 220; am. 1994, ch. 180, sec. 3, p. 424; am. 2012, ch. 330, sec. 6, p. 918.]

1-2004A

TITLE 1 COURTS AND COURT OFFICIALS CHAPTER 20 JUDGES’ RETIREMENT AND COMPENSATION 1-2004A. EMPLOYER CONTRIBUTIONS — AMOUNTS — RATES — AMORTIZATION. (1) The amount of the employer contributions shall consist of the sum of a percentage of the salaries of active members to be known as the normal cost and a percentage of such salaries to be known as the amortization payment. The rates of such contributions shall be determined by the retirement board on the basis of assets and liabilities as shown by the annual actuarial valuation, and such rates shall become effective no later than July 1 of the second year following the year of the most recent actuarial valuation, and shall remain effective until next determined by the retirement board. (2) The normal cost rate shall be computed to be sufficient, when applied to the actuarial present value of the future salary of the average new justice or judge entering the system, to provide for the payment of all prospective benefits in respect to such justice or judge which are not provided by the justice’s or judge’s own contribution. (3) The amortization rate shall not be less than the minimum amortization rate computed pursuant to subsection (5) of this section, unless a one (1) year grace period has been made effective by the retirement board. During a grace period, the amortization rate shall be no less than the rate in effect during the immediately preceding year. A grace period may not be made effective if more than one (1) other grace period has been effective in the immediately preceding four (4) year period. (4) Each of the following terms used in this chapter shall have the following meanings: (a) Effective date means the date the rates of contributions based on the valuation become effective pursuant to subsection (1) of this section. (b) End date means the date twenty-five (25) years after the valuation date. (c) Projected salaries means the sum of the annual salaries of all justices and judges. (d) Scheduled amortization amount means the actuarial present value of future contributions payable as amortization payment from the valuation date until the effective date. (e) Unfunded actuarial liability means the excess of the actuarial present value of (i) over the sum of the actuarial present values of (ii), (iii) and (iv) as follows, all determined by the valuation as of the valuation date: (i) All future benefits payable under this chapter; (ii) The assets then held by the funding agent for the payment of benefits under this chapter; (iii) The future normal costs payable in respect of all then active justices and judges; (iv) The future contributions payable under section 1-2004 , Idaho Code, by all current active justices and judges; (f) Valuation means the most recent annual actuarial valuation. (g) Valuation date means the date of such valuation. (5) The minimum amortization payment rate shall be that percentage, calculated as of the valuation date, of the then actuarial present value of the proje

1-2004B

TITLE 1 COURTS AND COURT OFFICIALS CHAPTER 20 JUDGES’ RETIREMENT AND COMPENSATION 1-2004B. EMPLOYEE CONTRIBUTIONS. The contribution for a justice, judge of the court of appeals or district judge shall be eighteen and five-tenths percent (18.5%) of the employer contribution rate determined pursuant to section 1-2004A , Idaho Code, and rounded to the nearest one hundredth percent (.01%) of salary. The retirement board is specifically authorized to certify to the state controller the necessary adjustments in the rate of member contributions. History: [1-2004B, added 2012, ch. 330, sec. 8, p. 920.]

1-2005

TITLE 1 COURTS AND COURT OFFICIALS CHAPTER 20 JUDGES’ RETIREMENT AND COMPENSATION 1-2005. Senior judge — Assignment — Duties and powers — Compensation and expenses — Qualifications and oath. (1) A justice or judge who leaves office or retires from the supreme court, court of appeals or a district court, except a justice or judge retired under the provisions of section 1-2001 (4), Idaho Code, may be designated a senior judge of the state of Idaho by the supreme court. (2) Upon filing with the secretary of state an oath of office as a senior judge as prescribed in subsection (7) of this section, a senior judge is eligible for temporary assignment by the supreme court to a state court as provided in this subsection, whenever the supreme court determines that the assignment is reasonably necessary and will promote the more efficient administration of justice. A senior judge may sit as a district or magistrate judge of the district court of any county or may sit with the supreme court or court of appeals or may perform such other duties pertaining to the judicial department of government as may be requested. (3) The assignment of a senior judge shall be made by an order which shall designate the court or duties to which the judge is assigned and the duration of the assignment. Promptly after assignment of a senior judge under this section, the supreme court shall cause a certified copy of the order to be sent to the senior judge and another certified copy to the court to which the judge is assigned. (4) Each senior judge assigned as provided in this section has all the judicial powers and duties, while serving under the assignment, of a regularly qualified judge of the court to which the senior judge is assigned. (5) A senior judge assigned as provided in this section, other than one performing services required by section 1-2001 (2)(b), Idaho Code, shall receive as compensation for each day the senior judge is actually engaged in the performance of duties under the assignment an amount equal to eighty-five percent (85%) of the daily salary of the highest office in which the senior judge served. However, a retired judge shall not receive for services as a senior judge during any fiscal year a sum of money which when added to the amount of any judicial retirement pay received by the senior judge for the year exceeds the current annual salary of the highest office in which the senior judge served; except that this limitation shall not apply if the chief justice of the supreme court determines that extended service by one (1) or more senior judges is required because of extraordinary circumstances, such as a natural disaster or a judge’s absence from service due to military service or medical disability. Services by a senior judge under an assignment and receipt of compensation for services shall not reduce or otherwise affect the amount of any retirement pay to which the senior judge otherwise would be entitled. Such additional compensation above the re

1-2006

TITLE 1 COURTS AND COURT OFFICIALS CHAPTER 20 JUDGES’ RETIREMENT AND COMPENSATION 1-2006. Application of act. Chapter 20, title 1 , Idaho Code, shall operate prospectively in its application as to all persons who are receiving retirement benefits thereunder, provided that the Supreme Court may by order apply all of the provisions of this chapter to service under section 1-611 , Idaho Code. In no case shall any justice or judge, serving at the time this act becomes effective, receive and have paid to him, at the time of his retirement, retirement compensation in any lesser amount than he would have become entitled to receive and have paid to him under the act as it existed prior to this amendment. History: [1-2006, added 1947, ch. 104, sec. 6, p. 210; am. 1959, ch. 131, sec. 1, p. 279; am. 1967, ch. 301, sec. 5, p. 853; am. 1969, ch. 183, sec. 4, p. 543; am. 1983, ch. 144, sec. 2, p. 365.]

1-2008

TITLE 1 COURTS AND COURT OFFICIALS CHAPTER 20 JUDGES’ RETIREMENT AND COMPENSATION 1-2008. Investment of judges’ retirement fund. (1) The retirement board shall select and contract with investment managers registered with the securities and exchange commission to manage the investment of the judges’ retirement fund. The investment managers shall, subject to the direction of the board, exert control over the funds as though the investment managers were the owners thereof and are hereby authorized to invest the judges’ retirement fund as hereinafter provided. (a) The retirement board shall formulate an investment policy governing the investment of judges’ retirement funds. The policy shall pertain to the types, kinds or nature of investment of any of the funds, and any limitations, conditions or restrictions upon the methods, practices or procedures for investment, reinvestments, purchases, sales or exchange transactions. (b) In acquiring, investing, reinvesting, exchanging, retaining, selling and managing the moneys and securities of the fund, investment managers shall also be governed by the prudent man investment act, sections 68-501 through 68-506 , Idaho Code; provided, however, that the retirement board may in its sole discretion, limit the types, kinds and amounts of such investments. (c) The retirement board shall adopt the actuarial tables and assumptions in use by the judges’ retirement fund and may change the same in its sole discretion at any time. (2) The retirement board is hereby authorized to select and contract with a bank or trust company authorized to do business in the state of Idaho, to act as custodian of the judges’ retirement fund, who shall hold all securities and moneys of the judges’ retirement fund and shall collect the principal, dividends and interest thereof when due and pay the same into the judges’ retirement fund. (3) The state treasurer shall pay all warrants drawn on the judges’ retirement fund for making such investments when issued pursuant to vouchers approved by the retirement board. History: [1-2008, added 1990, ch. 247, sec. 2, p. 700; am. 1994, ch. 180, sec. 5, p. 425; am. 2003, ch. 32, sec. 2, p. 117; am. 2004, ch. 240, sec. 1, p. 702; am. 2012, ch. 330, sec. 9, p. 920.]

1-2009

TITLE 1 COURTS AND COURT OFFICIALS CHAPTER 20 JUDGES’ RETIREMENT AND COMPENSATION 1-2009. Benefit to surviving spouse of justice or judge. The legislature hereby finds and declares that the payment of allowances to the surviving spouses of justices of the supreme court, judges of the court of appeals and district judges of the district court of the state of Idaho, serves the public purpose of promoting the public welfare by encouraging experienced jurists to continue their service and that their continued service and increased efficiency will be secured in the expectation that the legislature will fairly provide for their surviving spouses, and that such continued service and increased efficiency of such jurists, secure in this knowledge, will be of substantial benefit to the state. The surviving spouse, of any justice or judge entitled to benefits under this chapter who dies on or after July 1, 1965, shall receive an allowance from the judges’ retirement fund, payable monthly, and as hereinafter provided. (a) In the case of a justice or judge receiving retirement compensation at the time of death, allowance to his surviving spouse shall commence immediately and be payable to such spouse from such fund in an amount equal to fifty percent (50%) of the retirement compensation to which such justice or judge would be entitled under section 1-2001 (2), Idaho Code; provided, that the allowance payable to the surviving spouse of a justice or judge who first assumed the office of supreme court justice, judge of the court of appeals or district judge on or after July 1, 2012, shall be thirty percent (30%) of the retirement compensation to which such justice or judge would be entitled. (b) In the case of a justice or judge who has service as a justice of the supreme court, judge of the court of appeals or district judge of four (4) years or more and is not receiving retirement compensation at the time of death, commencing immediately, the surviving spouse shall be paid an allowance from such fund in the amount of fifty percent (50%) of the retirement compensation to which the justice or judge would have been entitled under section 1-2001 (2)(a), Idaho Code, as if the justice or judge was eligible to retire and had retired immediately before his death; provided, that the allowance payable to the surviving spouse of a justice or judge who first assumed the office of supreme court justice, judge of the court of appeals or district judge on or after July 1, 2012, shall be thirty percent (30%) of the retirement compensation to which such justice or judge would have been entitled, as if the justice or judge was eligible to retire and had retired immediately before his death. (c) The allowance shall be paid until the death of the surviving spouse. (d) The surviving spouse of a justice or judge who is not receiving benefits from the judges’ retirement fund at the time of the justice’s or judge’s death may elect to take an optional retirement allowance as a survivi

1-2010

TITLE 1 COURTS AND COURT OFFICIALS CHAPTER 20 JUDGES’ RETIREMENT AND COMPENSATION 1-2010. Death benefit. (1) The death benefit of a deceased justice or judge is the excess, if any, of the justice’s or judge’s accumulated contributions to the judges’ retirement fund, including accrued interest at the rate provided in section 1-2001 (5), Idaho Code, over the aggregate of all retirement compensation payments and allowances ever made to the justice, judge, spouse or annuitant from the judges’ retirement fund. (2) The death benefit is payable, and all other retirement compensation benefits and allowances shall cease, upon the death of the justice, judge, spouse or annuitant receiving a retirement compensation or allowance. (3) The death benefit shall be paid to the beneficiary named by the justice or judge in a written designation of beneficiary on file with the retirement board if the beneficiary is surviving at the time the death benefit is payable; otherwise the death benefit shall be paid to the estate of the deceased justice or judge for distribution in accordance with the laws of descent and distribution of the state of Idaho as they may then be in effect. History: [1-2010, added 1997, ch. 150, sec. 2, p. 428; am. 2000, ch. 385, sec. 7, p. 1255; am. 2012, ch. 330, sec. 11, p. 921.]

1-2011

TITLE 1 COURTS AND COURT OFFICIALS CHAPTER 20 JUDGES’ RETIREMENT AND COMPENSATION 1-2011. Election to continue participation in the public employee retirement system of Idaho. On and after July 1, 1998, any vested member of the public employee retirement system of Idaho may, within thirty (30) days of becoming a justice of the supreme court, judge of the court of appeals or district judge in the state of Idaho, make a one-time irrevocable election to continue participation as an active member of that system in lieu of participation in the judges’ retirement fund established in this chapter and the justice, judge or spouse shall not be entitled to any compensation, benefits or allowances under any provision of this chapter. An election must be in writing and must be provided to both the supreme court and the public employee retirement system of Idaho. Once an election is made, all service as justice or judge, including noncontinuous service, shall be accrued to the public employee retirement system of Idaho, and shall be governed under the provisions of that system, except as provided in section 1-2005 , Idaho Code. History: [1-2011, added 1998, ch. 126, sec. 3, p. 469.]

1-2012

TITLE 1 COURTS AND COURT OFFICIALS CHAPTER 20 JUDGES’ RETIREMENT AND COMPENSATION 1-2012. Rules and administrative policies. Subject to the other provisions of this chapter, the retirement board shall have the power and authority to adopt, amend and rescind such rules and administrative policies as may be necessary for the proper administration of this chapter. History: [1-2012, added 2006, ch. 72, sec. 1, p. 225; am. 2012, ch. 330, sec. 12, p. 922.]