Senate Study Bill 3228 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR’S BUDGET BILL) A BILL FOR An Act relating to and making appropriations to the judicial 1 branch. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5102XG (9) 83 jm/tm
S.F. _____ H.F. _____ Section 1. JUDICIAL BRANCH. 1 1. There is appropriated from the general fund of the state 2 to the judicial branch for the fiscal year beginning July 1, 3 2010, and ending June 30, 2011, the following amounts, or so 4 much thereof as is necessary, to be used for the purposes 5 designated: 6 a. For salaries of supreme court justices, appellate court 7 judges, district court judges, district associate judges, 8 judicial magistrates and staff, state court administrator, 9 clerk of the supreme court, district court administrators, 10 clerks of the district court, juvenile court officers, board of 11 law examiners and board of examiners of shorthand reporters and 12 judicial qualifications commission; receipt and disbursement 13 of child support payments; reimbursement of the auditor 14 of state for expenses incurred in completing audits of the 15 offices of the clerks of the district court during the fiscal 16 year beginning July 1, 2010; and maintenance, equipment, and 17 miscellaneous purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $148,811,822 19 b. For deposit in the revolving fund created pursuant 20 to section 602.1302, subsection 3, for jury and witness 21 fees, mileage, costs related to summoning jurors, fees for 22 interpreters, and reimbursement of attorney fees paid by the 23 state public defender: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 25 2. The judicial branch, except for purposes of internal 26 processing, shall use the current state budget system, the 27 state payroll system, and the Iowa finance and accounting 28 system in administration of programs and payments for services, 29 and shall not duplicate the state payroll, accounting, and 30 budgeting systems. 31 3. The judicial branch shall submit monthly financial 32 statements to the legislative services agency and the 33 department of management containing all appropriated accounts 34 in the same manner as provided in the monthly financial status 35 -1- LSB 5102XG (9) 83 jm/tm 1/ 5
S.F. _____ H.F. _____ reports and personal services usage reports of the department 1 of administrative services. The monthly financial statements 2 shall include a comparison of the dollars and percentage 3 spent of budgeted versus actual revenues and expenditures on 4 a cumulative basis for full-time equivalent positions and 5 dollars. 6 4. The judicial branch shall focus efforts upon the 7 collection of delinquent fines, penalties, court costs, fees, 8 surcharges, or similar amounts. 9 5. It is the intent of the general assembly that the offices 10 of the clerks of the district court operate in all 99 counties 11 and be accessible to the public as much as is reasonably 12 possible in order to address the relative needs of the citizens 13 of each county. 14 6. In addition to the requirements for transfers under 15 section 8.39, the judicial branch shall not change the 16 appropriations from the amounts appropriated to the judicial 17 branch in this Act, unless notice of the revisions is given 18 prior to their effective date to the legislative services 19 agency. The notice shall include information on the branch’s 20 rationale for making the changes and details concerning the 21 workload and performance measures upon which the changes are 22 based. 23 7. The judicial branch shall submit a semiannual update 24 to the legislative services agency specifying the amounts of 25 fines, surcharges, and court costs collected using the Iowa 26 court information system since the last report. The judicial 27 branch shall continue to facilitate the sharing of vital 28 sentencing and other information with other state departments 29 and governmental agencies involved in the criminal justice 30 system through the Iowa court information system. 31 8. The judicial branch shall provide a report to the general 32 assembly by January 1, 2011, concerning the amounts received 33 and expended from the enhanced court collections fund created 34 in section 602.1304 and the court technology and modernization 35 -2- LSB 5102XG (9) 83 jm/tm 2/ 5
S.F. _____ H.F. _____ fund created in section 602.8108, subsection 7, during the 1 fiscal year beginning July 1, 2009, and ending June 30, 2010, 2 and the plans for expenditures from each fund during the fiscal 3 year beginning July 1, 2010, and ending June 30, 2011. A copy 4 of the report shall be provided to the legislative services 5 agency. 6 9. The judicial branch is encouraged to purchase products 7 from Iowa state industries, as defined in section 904.802, when 8 purchases are required and the products are available from Iowa 9 state industries. The judicial branch shall obtain bids from 10 Iowa state industries for purchases of office furniture during 11 the fiscal year beginning July 1, 2010, exceeding $5,000. 12 Sec. 2. CIVIL TRIALS —— LOCATION. Notwithstanding any 13 provision to the contrary, for the fiscal year beginning July 14 1, 2010, and ending June 30, 2011, if all parties in a case 15 agree, a civil trial including a jury trial may take place in a 16 county contiguous to the county with proper jurisdiction, even 17 if the contiguous county is located in an adjacent judicial 18 district or judicial election district. If the trial is moved 19 pursuant to this section, court personnel shall treat the case 20 as if a change of venue occurred. However, if a trial is moved 21 to an adjacent judicial district or judicial election district, 22 the judicial officers serving in the judicial district or 23 judicial election district receiving the case shall preside 24 over the case. 25 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section 26 602.1509, for the fiscal year beginning July 1, 2010, and 27 ending June 30, 2011, a judicial officer may waive travel 28 reimbursement for any travel outside the judicial officer’s 29 county of residence to conduct official judicial business. 30 Sec. 4. POSTING OF REPORTS IN ELECTRONIC FORMAT —— 31 LEGISLATIVE SERVICES AGENCY. All reports or copies of reports 32 required to be provided by the judicial branch for fiscal year 33 2010-2011 to the legislative services agency shall be provided 34 in an electronic format. The legislative services agency shall 35 -3- LSB 5102XG (9) 83 jm/tm 3/ 5
S.F. _____ H.F. _____ post the reports on its internet website and shall notify by 1 electronic means all the members of the joint appropriations 2 subcommittee on the justice system when a report is posted. 3 Upon request, copies of the reports may be mailed to members of 4 the joint appropriations subcommittee on the justice system. 5 Sec. 5. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 6 the annual salary rates for judicial officers established by 7 2008 Iowa Acts, chapter 1191, section 11, for the fiscal period 8 beginning July 1, 2010, and ending June 30, 2011, the supreme 9 court may by order place all judicial officers on unpaid leave 10 status on any day employees of the judicial branch are placed 11 on temporary layoff status. The biweekly pay of the judicial 12 officers shall be reduced accordingly for the pay period in 13 which the unpaid leave date occurred in the same manner as for 14 noncontract employees of the judicial branch. Through the 15 course of the fiscal period, the judicial branch may use an 16 amount equal to the aggregate amount of salary reductions due 17 to the judicial officer unpaid leave days for any purpose other 18 than for judicial salaries. 19 EXPLANATION 20 This bill appropriates from the general fund of the state for 21 FY 2010-2011 to the judicial branch. 22 The bill includes the state’s required contribution for 23 judicial retirement in the general appropriation to the 24 judicial branch rather than providing a separate appropriation. 25 The bill appropriates $1.5 million from the general fund 26 of the state to the revolving fund created in Code section 27 602.1302 for jury and witness fees, mileage, costs related to 28 summoning jurors, fees for interpreters, and certain attorney 29 fee reimbursements. 30 The bill provides that a civil trial including a jury trial 31 may take place in a county contiguous to the county with proper 32 jurisdiction, even if the contiguous county is located in an 33 adjacent judicial district or judicial election district, if 34 all the parties in a case agree. If a trial is moved to another 35 -4- LSB 5102XG (9) 83 jm/tm 4/ 5
S.F. _____ H.F. _____ county that is located in another judicial district or judicial 1 election district, the judicial officers serving the judicial 2 district or judicial election district receiving the case shall 3 preside over the case. 4 The bill permits a judicial officer to waive travel 5 reimbursement for any travel outside the judicial officer’s 6 county of residence to conduct official business. 7 The bill allows a judicial officer to be placed on unpaid 8 leave for the fiscal period beginning July 1, 2010, and ending 9 June 30, 2011, on any day a court employee is required to 10 furlough. The bill provides that if a judicial officer is 11 placed on unpaid leave, the salary of the judicial officer 12 shall be reduced accordingly for the pay period in which the 13 unpaid leave occurred. Through the course of the fiscal 14 period, the bill provides that the judicial branch may use an 15 amount equal to the aggregate amount of the salary reductions 16 due to the unpaid leave for any purpose other than judicial 17 salaries. 18 -5- LSB 5102XG (9) 83 jm/tm 5/ 5