Text: HSB00648                          Text: HSB00650
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 649

Bill Text

PAG LIN
  1  1    Section 1.  Section 4.1, subsection 5, Code 1997, is
  1  2 amended to read as follows:
  1  3    5.  "Court employee" and "employee of the judicial
  1  4 department branch" include every officer or employee of the
  1  5 judicial department branch except a judicial officer.
  1  6    Sec. 2.  Section 8.23, unnumbered paragraph 2, Code 1997,
  1  7 is amended to read as follows:
  1  8    On or before November 15 all departments and establishments
  1  9 of government and the judicial department branch shall
  1 10 transmit to the department of management and the legislative
  1 11 fiscal bureau estimates of their receipts and expenditure
  1 12 requirements from federal or other nonstate grants, receipts,
  1 13 and funds for the ensuing fiscal year.  The transmittal shall
  1 14 include the names of the grantor and the grant or the source
  1 15 of the funds, the estimated amount of the funds, and the
  1 16 planned expenditures and use of the funds.  The format of the
  1 17 transmittal shall be specified by the legislative fiscal
  1 18 bureau.
  1 19    Sec. 3.  Section 8.44, unnumbered paragraph 2, Code 1997,
  1 20 is amended to read as follows:
  1 21    All departments and establishments of government and the
  1 22 judicial department branch shall notify the department of
  1 23 management and the legislative fiscal bureau of any change in
  1 24 the receipt of federal or other nonstate grants, receipts, and
  1 25 funds from the funding levels on which appropriations for the
  1 26 current or ensuing fiscal year were or are based.  Changes
  1 27 which must be reported include, but are not limited to, any
  1 28 request, approval, award, or loss changes affecting federal or
  1 29 other nonstate grants, receipts, or funds.  The notifications
  1 30 shall be made on a quarterly basis.  The format of the
  1 31 notifications shall be specified by the legislative fiscal
  1 32 bureau.
  1 33    Sec. 4.  Section 8D.2, subsection 5, Code 1997, is amended
  1 34 to read as follows:
  1 35    5.  "Public agency" means a state agency, an institution
  2  1 under the control of the board of regents, the judicial
  2  2 department branch as provided in section 8D.13, subsection 17,
  2  3 a school corporation, a city library, a regional library as
  2  4 provided in chapter 256, a county library as provided in
  2  5 chapter 336, or a judicial district department of correctional
  2  6 services established in section 905.2, to the extent provided
  2  7 in section 8D.13, subsection 15, an agency of the federal
  2  8 government, or a United States post office which receives a
  2  9 federal grant for pilot and demonstration projects.
  2 10    Sec. 5.  Section 8D.9, subsection 1, Code 1997, is amended
  2 11 to read as follows:
  2 12    1.  A private or public agency, other than a state agency,
  2 13 local school district or nonpublic school, city library,
  2 14 regional library, county library, judicial department branch,
  2 15 judicial district department of correctional services, agency
  2 16 of the federal government, a hospital or physician clinic, or
  2 17 a post office authorized to be offered access pursuant to this
  2 18 chapter as of May 18, 1994, shall certify to the commission no
  2 19 later than July 1, 1994, that the agency is a part of or
  2 20 intends to become a part of the network.  Upon receiving such
  2 21 certification from an agency not a part of the network on May
  2 22 18, 1994, the commission shall provide for the connection of
  2 23 such agency as soon as practical.  An agency which does not
  2 24 certify to the commission that the agency is a part of or
  2 25 intends to become a part of the network as required by this
  2 26 subsection shall be prohibited from using the network.
  2 27    Sec. 6.  Section 8D.13, subsection 2, paragraph c, Code
  2 28 Supplement 1997, is amended to read as follows:
  2 29    c.  "Part III" means the communications connection between
  2 30 the secondary switching centers and the agencies defined in
  2 31 section 8D.2, subsections 4 and 5, excluding state agencies,
  2 32 institutions under the control of the board of regents,
  2 33 nonprofit institutions of higher education eligible for
  2 34 tuition grants, and the judicial department branch, judicial
  2 35 district departments of correctional services, hospitals and
  3  1 physician clinics, agencies of the federal government, and
  3  2 post offices.
  3  3    Sec. 7.  Section 8D.13, subsection 5, unnumbered paragraph
  3  4 1, Code Supplement 1997, is amended to read as follows:
  3  5    The state shall lease all fiberoptic cable facilities or
  3  6 facilities with DS-3 capacity for Part III connections for
  3  7 which state funding is provided.  The state shall lease all
  3  8 fiberoptic cable facilities or facilities with DS-3 or DS-1
  3  9 capacity for the judicial department branch, judicial district
  3 10 department of correctional services, and state agency
  3 11 connections for which state funding is provided.  Such
  3 12 facilities shall be leased from qualified providers.  The
  3 13 state shall not own such facilities, except for those
  3 14 facilities owned by the state as of January 1, 1994.
  3 15    Sec. 8.  Section 8D.13, subsection 17, Code Supplement
  3 16 1997, is amended to read as follows:
  3 17    17.  Access shall be offered to the judicial department
  3 18 branch provided that the department judicial branch
  3 19 contributes an amount consistent with the department's
  3 20 judicial branch's share of use for the part of the network in
  3 21 which the department judicial branch participates, as
  3 22 determined by the commission.
  3 23    Sec. 9.  Section 11.5A, Code 1997, is amended to read as
  3 24 follows:
  3 25    11.5A  AUDIT COSTS.
  3 26    When requested by the auditor of state, the department of
  3 27 management shall transfer from any unappropriated funds in the
  3 28 state treasury an amount not exceeding the expenses and
  3 29 prorated salary costs already paid to perform examinations of
  3 30 state executive agencies and the offices of the judicial
  3 31 department branch, and federal financial assistance, as
  3 32 defined in Pub. L. No. 98-502, received by all other
  3 33 departments for which payments by agencies have not been made.
  3 34 Upon payment by the departments, the auditor of state shall
  3 35 credit the payments to the state treasury.
  4  1    Sec. 10.  Section 11.5B, subsection 11, Code 1997, is
  4  2 amended to read as follows:
  4  3    11.  Offices of the clerks of the district court of the
  4  4 judicial department branch.
  4  5    Sec. 11.  Section 17A.2, subsection 1, Code 1997, is
  4  6 amended to read as follows:
  4  7    1.  "Agency" means each board, commission, department,
  4  8 officer or other administrative office or unit of the state.
  4  9 "Agency" does not mean the general assembly, the judicial
  4 10 department branch or any of its components, the office of
  4 11 consumer advocate, the governor or a political subdivision of
  4 12 the state or its offices and units.  Unless provided otherwise
  4 13 by statute, no less than two-thirds of the members eligible to
  4 14 vote of a multimember agency constitute a quorum authorized to
  4 15 act in the name of the agency.
  4 16    Sec. 12.  Section 20.4, subsection 7, Code 1997, is amended
  4 17 to read as follows:
  4 18    7.  Judicial officers, and confidential, professional, or
  4 19 supervisory employees of the judicial department branch.
  4 20    Sec. 13.  Section 46.5A, Code 1997, is amended to read as
  4 21 follows:
  4 22    46.5A  JUDICIAL NOMINATING COMMISSION EXPENSES.
  4 23    Members of the state judicial nominating commission and the
  4 24 district judicial nominating commissions are entitled to be
  4 25 reimbursed for actual and necessary expenses incurred in the
  4 26 performance of their duties as commissioners for each day
  4 27 spent attending commission meetings or training sessions
  4 28 called by the chairperson.  Expenses shall be paid from funds
  4 29 appropriated to the judicial department branch for this
  4 30 purpose.
  4 31    Sec. 14.  Section 68B.2, subsection 25, Code 1997, is
  4 32 amended to read as follows:
  4 33    25.  "State employee" means a person who is not an official
  4 34 and is a paid employee of the state of Iowa and does not
  4 35 include an independent contractor, an employee of the judicial
  5  1 department branch who is not an employee of the office of
  5  2 attorney general, an employee of the general assembly, an
  5  3 employee of a political subdivision of the state, or an
  5  4 employee of any agricultural commodity promotional board, if
  5  5 the board is subject to a producer referendum.
  5  6    Sec. 15.  Section 68B.39, Code 1997, is amended to read as
  5  7 follows:
  5  8    68B.39  SUPREME COURT RULES.
  5  9    The supreme court of this state shall prescribe rules by
  5 10 January 1, 1993, establishing a code of ethics for officials
  5 11 and employees of the judicial department branch of this state,
  5 12 and the immediate family members of the officials and
  5 13 employees.  Rules prescribed under this paragraph shall
  5 14 include provisions relating to the receipt or acceptance of
  5 15 gifts and honoraria, interests in public contracts, services
  5 16 against the state, and financial disclosure which are
  5 17 substantially similar to the requirements of this chapter.
  5 18    The supreme court of this state shall also prescribe rules
  5 19 which relate to activities by officials and employees of the
  5 20 judicial department branch which constitute conflicts of
  5 21 interest.
  5 22    Sec. 16.  Section 135L.2, subsection 2, paragraph a, Code
  5 23 Supplement 1997, is amended to read as follows:
  5 24    a.  The video shall be available through the state and
  5 25 local offices of the Iowa department of public health, the
  5 26 department of human services, and the judicial department
  5 27 branch and through the office of each licensed physician who
  5 28 performs abortions.
  5 29    Sec. 17.  Section 135L.3, subsection 3, paragraph j, Code
  5 30 Supplement 1997, is amended to read as follows:
  5 31    j.  If the court denies the petition for waiver of
  5 32 notification and if the decision is not appealed or all
  5 33 appeals are exhausted, the court shall advise the pregnant
  5 34 minor that, upon the request of the pregnant minor, the court
  5 35 will appoint a licensed marital and family therapist to assist
  6  1 the pregnant minor in addressing any intrafamilial problems.
  6  2 All costs of services provided by a court-appointed licensed
  6  3 marital and family therapist shall be paid by the court
  6  4 through the expenditure of funds appropriated to the judicial
  6  5 department branch.
  6  6    Sec. 18.  Section 216A.136, unnumbered paragraph 1, Code
  6  7 1997, is amended to read as follows:
  6  8    The division shall maintain an Iowa statistical analysis
  6  9 center for the purpose of coordinating with data resource
  6 10 agencies to provide data and analytical information to
  6 11 federal, state, and local governments, and assist agencies in
  6 12 the use of criminal and juvenile justice data.
  6 13 Notwithstanding any other provision of state law, unless
  6 14 prohibited by federal law or regulation, the division shall be
  6 15 granted access, for purposes of research and evaluation, to
  6 16 criminal history records, official juvenile court records,
  6 17 juvenile court social records, and any other data collected or
  6 18 under control of the board of parole, department of
  6 19 corrections, district departments of correctional services,
  6 20 department of human services, judicial department branch, and
  6 21 department of public safety.  However, intelligence data and
  6 22 peace officer investigative reports maintained by the
  6 23 department of public safety shall not be considered data for
  6 24 the purposes of this section.  Any record, data, or
  6 25 information obtained by the division under this section and
  6 26 the division itself is subject to the federal and state
  6 27 confidentiality laws and regulations which are applicable to
  6 28 the original record, data, or information obtained by the
  6 29 division and to the original custodian of the record, data, or
  6 30 information.  The access shall include but is not limited to
  6 31 all of the following:
  6 32    Sec. 19.  Section 216A.138, subsection 2, Code Supplement
  6 33 1997, is amended to read as follows:
  6 34    2.  The department of human services, department of
  6 35 corrections, judicial department branch, department of public
  7  1 safety, department of education, local school districts, and
  7  2 other state agencies and political subdivisions shall
  7  3 cooperate with the division in the development of the plan.
  7  4    Sec. 20.  Section 225C.4, subsection 1, paragraph n, Code
  7  5 1997, is amended to read as follows:
  7  6    n.  Provide consultation and technical assistance to
  7  7 patients' advocates appointed pursuant to section 229.19, in
  7  8 cooperation with the judicial department branch and the care
  7  9 review committees appointed for health care facilities
  7 10 pursuant to section 135C.25.
  7 11    Sec. 21.  Section 232.2, subsection 9, Code Supplement
  7 12 1997, is amended to read as follows:
  7 13    9.  "Court appointed special advocate" means a person duly
  7 14 certified by the judicial department branch for participation
  7 15 in the court appointed special advocate program and appointed
  7 16 by the court to represent the interests of a child in any
  7 17 judicial proceeding to which the child is a party or is called
  7 18 as a witness or relating to any dispositional order involving
  7 19 the child resulting from such proceeding.
  7 20    Sec. 22.  Section 232.143, subsection 1, Code 1997, is
  7 21 amended to read as follows:
  7 22    1.  A statewide expenditure target for children in group
  7 23 foster care placements in a fiscal year, which placements are
  7 24 a charge upon or are paid for by the state, shall be
  7 25 established annually in an appropriation bill by the general
  7 26 assembly.  The department and the judicial department branch
  7 27 shall jointly develop a formula for allocating a portion of
  7 28 the statewide expenditure target established by the general
  7 29 assembly to each of the department's regions.  The formula
  7 30 shall be based upon the region's proportion of the state
  7 31 population of children and of the statewide usage of group
  7 32 foster care in the previous five completed fiscal years and
  7 33 other indicators of need.  The expenditure amount determined
  7 34 in accordance with the formula shall be the group foster care
  7 35 budget target for that region.  A region may exceed its budget
  8  1 target for group foster care by not more than five percent in
  8  2 a fiscal year, provided the overall funding allocated by the
  8  3 department for all child welfare services in the region is not
  8  4 exceeded.
  8  5    Sec. 23.  Section 232A.2, Code 1997, is amended to read as
  8  6 follows:
  8  7    232A.2  PROGRAM CREATED.
  8  8    A juvenile victim restitution program is created which
  8  9 shall be funded through moneys appropriated by the general
  8 10 assembly to the department judicial branch.  The primary
  8 11 purpose of the program is to provide funds to compensate
  8 12 victims for losses due to the delinquent acts of juveniles.
  8 13    Upon completion of a district's plan, the department
  8 14 judicial branch shall provide funds in conformance with the
  8 15 procedures and policies of the state.  The department judicial
  8 16 branch shall reclaim any portion of an initial allocation to a
  8 17 judicial district that is unencumbered on December 31 of any
  8 18 year.  The department judicial branch shall immediately
  8 19 reallocate the reclaimed funds to those judicial districts
  8 20 from which funds were not reclaimed in the manner provided in
  8 21 this section for the original allocation.  Any portion of an
  8 22 amount allocated that remains unencumbered on June 30 of any
  8 23 year shall revert to the general fund of the state.
  8 24    Sec. 24.  Section 232A.3, Code 1997, is amended to read as
  8 25 follows:
  8 26    232A.3  REPORTS REQUIRED.
  8 27    Each judicial district shall submit a report of the
  8 28 progress and financial status of its juvenile victim
  8 29 restitution program to the department judicial branch on a
  8 30 quarterly basis.  The department judicial branch shall prepare
  8 31 and submit annually a report on the progress and financial
  8 32 status of the programs to the general assembly no later than
  8 33 March 15.
  8 34    Sec. 25.  Section 237.3, subsection 8, Code Supplement
  8 35 1997, is amended to read as follows:
  9  1    8.  The department, in consultation with the judicial
  9  2 department branch, the division of criminal and juvenile
  9  3 justice planning of the department of human rights,
  9  4 residential treatment providers, the foster care provider
  9  5 association, and other parties which may be affected, shall
  9  6 review the licensing rules pertaining to residential treatment
  9  7 facilities, and examine whether the rules allow the facilities
  9  8 to accept and provide effective treatment to juveniles with
  9  9 serious problems who might not otherwise be placed in those
  9 10 facilities.
  9 11    Sec. 26.  Section 237.18, subsection 6, unnumbered
  9 12 paragraph 2, Code 1997, is amended to read as follows:
  9 13    The state board shall make recommendations to the general
  9 14 assembly, the department, to child-placing agencies, the
  9 15 governor, the supreme court, the chief judge of each judicial
  9 16 district, and to the judicial department branch.  The
  9 17 recommendations shall include, but are not limited to,
  9 18 identification of systemic problems in the foster care and the
  9 19 juvenile justice systems, specific proposals for improvements
  9 20 that assist the systems in being more cost-effective and
  9 21 better able to protect the best interests of children, and
  9 22 necessary changes relating to the data collected and the
  9 23 annual report made under subsection 2, paragraph "b".
  9 24    Sec. 27.  Section 261.2, subsection 14, Code 1997, is
  9 25 amended to read as follows:
  9 26    14.  Develop and implement, in cooperation with the
  9 27 department of human services and the judicial department
  9 28 branch, a program to assist juveniles who are sixteen years of
  9 29 age or older and who have a case permanency plan under chapter
  9 30 232 or 237 or are otherwise under the jurisdiction of chapter
  9 31 232 in applying for federal and state aid available for higher
  9 32 education.
  9 33    Sec. 28.  Section 321J.3, subsection 3, Code Supplement
  9 34 1997, is amended to read as follows:
  9 35    3.  The state department of transportation, in cooperation
 10  1 with the judicial department branch, shall adopt rules,
 10  2 pursuant to the procedure in section 125.33, regarding the
 10  3 assignment of persons ordered under section 321J.17 to submit
 10  4 to substance abuse evaluation and treatment.  The rules shall
 10  5 be applicable only to persons other than those committed to
 10  6 the custody of the director of the department of corrections
 10  7 under section 321J.2.  The rules shall be consistent with the
 10  8 practices and procedures of the judicial department branch in
 10  9 sentencing persons to substance abuse evaluation and treatment
 10 10 under section 321J.2.  The rules shall include the requirement
 10 11 that the treatment programs utilized by a person pursuant to
 10 12 an order of the department meet the licensure standards of the
 10 13 division of substance abuse for the department of public
 10 14 health.  The rules shall also include provisions for payment
 10 15 of costs by the offenders, including insurance reimbursement
 10 16 on behalf of offenders, or other forms of funding, and shall
 10 17 also address reporting requirements of the facility,
 10 18 consistent with the provisions of sections 125.84 and 125.86.
 10 19 The department shall be entitled to treatment information
 10 20 contained in reports to the department, notwithstanding any
 10 21 provision of chapter 125 that would restrict department access
 10 22 to treatment information and records.
 10 23    Sec. 29.  Section 321J.24, subsection 9, Code Supplement
 10 24 1997, is amended to read as follows:
 10 25    9.  The chief judge of the judicial district shall
 10 26 determine fees to be paid by participants in the program.  The
 10 27 judicial department branch shall use the fees to pay all costs
 10 28 associated with the program.  The court shall either require
 10 29 the participant to pay the fee in order to participate in the
 10 30 program, or may waive the fee or collect a lesser amount upon
 10 31 a showing of cause.
 10 32    Sec. 30.  Section 421.17, subsection 25, paragraph f, Code
 10 33 Supplement 1997, is amended to read as follows:
 10 34    f.  The department shall set off the debt, plus a fee
 10 35 established by rule to reflect the cost of processing, against
 11  1 the debtor's income tax refund or rebate.  The department
 11  2 shall transfer ninety percent of the amount set off to the
 11  3 treasurer of state for deposit in the general fund of the
 11  4 state.  The remaining ten percent shall be remitted to the
 11  5 judicial department branch and used to defray the costs of
 11  6 this procedure.  If the debtor gives timely written notice of
 11  7 intent to contest the amount of the claim, the department
 11  8 shall hold the refund or rebate until final determination of
 11  9 the correct amount of the claim.
 11 10    Sec. 31.  Section 602.1101, subsection 5, Code 1997, is
 11 11 amended to read as follows:
 11 12    5.  "Court employee" or "employee of the judicial
 11 13 department branch" means an officer or employee of the
 11 14 judicial department branch except a judicial officer.
 11 15    Sec. 32.  Section 602.1101, subsection 6, Code 1997, is
 11 16 amended by striking the subsection.
 11 17    Sec. 33.  Section 602.1102, Code 1997, is amended to read
 11 18 as follows:
 11 19    602.1102  JUDICIAL DEPARTMENT BRANCH.
 11 20    The judicial department branch consists of all of the
 11 21 following:
 11 22    1.  The supreme court.
 11 23    2.  The court of appeals.
 11 24    3.  The district court.
 11 25    4.  The clerks of all of the courts of this state.
 11 26    5.  Juvenile court officers.
 11 27    6.  Court reporters.
 11 28    7.  All other court employees.
 11 29    Sec. 34.  Section 602.1201, Code 1997, is amended to read
 11 30 as follows:
 11 31    602.1201  SUPERVISION AND ADMINISTRATION.
 11 32    The supreme court has supervisory and administrative
 11 33 control over the department judicial branch and over all
 11 34 judicial officers and court employees.
 11 35    Sec. 35.  Section 602.1202, Code 1997, is amended to read
 12  1 as follows:
 12  2    602.1202  JUDICIAL COUNCIL.
 12  3    A judicial council is established, consisting of the chief
 12  4 judges of the judicial districts, the chief judge of the court
 12  5 of appeals, and the chief justice who shall be the
 12  6 chairperson.  The council shall convene not less than twice
 12  7 each year at times and places as ordered by the chief justice.
 12  8 The council shall advise the supreme court with respect to the
 12  9 supervision and administration of the department judicial
 12 10 branch.
 12 11    Sec. 36.  Section 602.1203, Code 1997, is amended to read
 12 12 as follows:
 12 13    602.1203  PERSONNEL CONFERENCES.
 12 14    The chief justice may order conferences of judicial
 12 15 officers or court employees on matters relating to the
 12 16 administration of justice or the affairs of the department
 12 17 judicial branch.  For judges and other court employees who
 12 18 handle cases involving children and family law, the chief
 12 19 justice shall require regular training concerning mental or
 12 20 emotional disorders which may afflict children and the impact
 12 21 children with such disorders have upon their families.
 12 22    Sec. 37.  Section 602.1204, Code 1997, is amended to read
 12 23 as follows:
 12 24    602.1204  PROCEDURES FOR DEPARTMENT JUDICIAL BRANCH.
 12 25    1.  The supreme court shall prescribe procedures for the
 12 26 orderly and efficient supervision and administration of the
 12 27 department judicial branch.  These procedures shall be
 12 28 executed by the chief justice.
 12 29    2.  The state court administrator may issue directives
 12 30 relating to the management of the department judicial branch.
 12 31 The subject matters of these directives shall include, but
 12 32 need not be limited to, fiscal procedures, the judicial
 12 33 retirement system, and the collection and reporting of
 12 34 statistical and other data.  The directives shall provide for
 12 35 an affirmative action plan which shall be based upon
 13  1 guidelines provided by the Iowa state civil rights commission.
 13  2 In addition, when establishing salaries and benefits the state
 13  3 court administrator shall not discriminate in the employment
 13  4 or pay between employees on the basis of gender by paying
 13  5 wages to employees at a rate less than the rate at which wages
 13  6 are paid to employees of the opposite gender for work of
 13  7 comparable worth.  As used in this section "comparable worth"
 13  8 means the value of work as measured by the composite of the
 13  9 skill, effort, responsibility, and working conditions normally
 13 10 required in the performance of work.
 13 11    3.  The supreme court shall compile and publish all
 13 12 procedures and directives relating to the supervision and
 13 13 administration of the internal affairs of the department
 13 14 judicial branch, and shall distribute a copy of the
 13 15 compilation and all amendments to each operating component of
 13 16 the department judicial branch.  Copies also shall be
 13 17 distributed to agencies referred to in section 18.97 upon
 13 18 request.
 13 19    4.  The supreme court shall accept bids for the printing of
 13 20 court forms from both public and private enterprises and shall
 13 21 attempt to contract with both public and private enterprises
 13 22 for a reasonable portion of the court forms.
 13 23    Sec. 38.  Section 602.1207, Code 1997, is amended to read
 13 24 as follows:
 13 25    602.1207  REPORT OF THE CONDITION OF THE JUDICIAL
 13 26 DEPARTMENT BRANCH.
 13 27    The chief justice shall communicate the condition of the
 13 28 department judicial branch by message to each general
 13 29 assembly, and may recommend matters the chief justice deems
 13 30 appropriate.
 13 31    Sec. 39.  Section 602.1208, subsection 2, Code 1997, is
 13 32 amended to read as follows:
 13 33    2.  The state court administrator is the principal
 13 34 administrative officer of the judicial department branch,
 13 35 subject to the immediate direction and supervision of the
 14  1 chief justice.
 14  2    Sec. 40.  Section 602.1209, subsections 1, 2, 3, 6, 7, and
 14  3 8, Code 1997, are amended to read as follows:
 14  4    1.  Manage the judicial department branch.
 14  5    2.  Administer funds appropriated to the department
 14  6 judicial branch.
 14  7    3.  Authorize the filling of vacant court-employee
 14  8 positions, review the qualifications of each person to be
 14  9 employed within the department judicial branch, and assure
 14 10 that affirmative action goals are being met by the department
 14 11 judicial branch.  The state court administrator shall not
 14 12 approve the employment of a person when either the proposed
 14 13 terms and conditions of employment or the qualifications of
 14 14 the individual do not satisfy personnel policies of the
 14 15 department judicial branch.  The administrator shall implement
 14 16 the comparable worth directives issued under section 602.1204,
 14 17 subsection 2 in all court employment decisions.
 14 18    6.  Collect and compile information and statistical data,
 14 19 and submit reports relating to judicial business, including
 14 20 juvenile court activities and other matters relating to the
 14 21 department judicial branch.
 14 22    7.  Formulate and submit recommendations for improvement of
 14 23 the judicial system, with reference to the structure of the
 14 24 department judicial branch and its organization and methods of
 14 25 operation, the selection, compensation, number, and tenure of
 14 26 judicial officers and court employees, and other matters as
 14 27 directed by the chief justice or the supreme court.
 14 28    8.  Call conferences of district court administrators as
 14 29 necessary in the administration of the department judicial
 14 30 branch.
 14 31    Sec. 41.  Section 602.1214, subsections 3 and 5, Code 1997,
 14 32 are amended to read as follows:
 14 33    3.  The district court administrator shall assist the state
 14 34 court administrator in the implementation of policies of the
 14 35 department judicial branch and in the performance of the
 15  1 duties of the state court administrator.
 15  2    5.  The district court administrator shall comply with
 15  3 policies of the department judicial branch and the judicial
 15  4 district.
 15  5    Sec. 42.  Section 602.1215, subsections 3 and 4, Code 1997,
 15  6 are amended to read as follows:
 15  7    3.  The clerk of the district court shall assist the state
 15  8 court administrator and the district court administrator in
 15  9 carrying out the rules, directives, and procedures of the
 15 10 department judicial branch and the judicial district.
 15 11    4.  The clerk of the district court shall comply with
 15 12 rules, directives, and procedures of the department judicial
 15 13 branch and the judicial district.
 15 14    Sec. 43.  Section 602.1217, subsections 3 and 4, Code 1997,
 15 15 are amended to read as follows:
 15 16    3.  The chief juvenile court officer, in addition to
 15 17 performing the duties of a juvenile court officer, shall
 15 18 supervise juvenile court officers and administer juvenile
 15 19 court services within the judicial district in accordance with
 15 20 law and with the rules, directives, and procedures of the
 15 21 department judicial branch and the judicial district.
 15 22    4.  The chief juvenile court officer shall assist the state
 15 23 court administrator and the district court administrator in
 15 24 implementing rules, directives, and procedures of the
 15 25 department judicial branch and the judicial district.
 15 26    Sec. 44.  Section 602.1218, Code 1997, is amended to read
 15 27 as follows:
 15 28    602.1218  REMOVAL FOR CAUSE.
 15 29    Inefficiency, insubordination, incompetence, failure to
 15 30 perform assigned duties, inadequacy in performance of assigned
 15 31 duties, narcotics addiction, dishonesty, unrehabilitated
 15 32 alcoholism, negligence, conduct which adversely affects the
 15 33 performance of the individual or of the department judicial
 15 34 branch, conduct unbecoming a public employee, misconduct, or
 15 35 any other just and good cause constitutes cause for removal.
 16  1    Sec. 45.  Section 602.1301, Code 1997, is amended to read
 16  2 as follows:
 16  3    602.1301  BUDGET AND FISCAL PROCEDURES.
 16  4    1.  The supreme court shall prepare an annual operating
 16  5 budget for the department judicial branch, and shall submit a
 16  6 budget request to the general assembly for the fiscal period
 16  7 for which the general assembly is appropriating funds.
 16  8    2.  a.  As early as possible, but not later than December
 16  9 1, the supreme court shall submit to the legislative fiscal
 16 10 bureau the annual budget request and detailed supporting
 16 11 information for the judicial department branch.  The
 16 12 submission shall be designed to assist the legislative fiscal
 16 13 bureau in its preparation for legislative consideration of the
 16 14 budget request.  The information submitted shall contain and
 16 15 be arranged in a format substantially similar to the format
 16 16 specified by the director of management and used by all
 16 17 departments and establishments in transmitting to the director
 16 18 estimates of their expenditure requirements pursuant to
 16 19 section 8.23, except the estimates of expenditure requirements
 16 20 shall be based upon one hundred percent of funding for the
 16 21 current fiscal year accounted for by program, and using the
 16 22 same line item definitions of expenditures as used for the
 16 23 current fiscal year's budget request, and the remainder of the
 16 24 estimate of expenditure requirements prioritized by program.
 16 25 The supreme court shall also make use of the department of
 16 26 management's automated budget system when submitting
 16 27 information to the director of management to assist the
 16 28 director in the transmittal of information as required under
 16 29 section 8.35A.  The supreme court shall budget and track
 16 30 expenditures by the following separate organization codes:
 16 31    (1)  Iowa court information system.
 16 32    (2)  Appellate courts.
 16 33    (3)  Central administration.
 16 34    (4)  District court administration.
 16 35    (5)  Judges and magistrates.
 17  1    (6)  Court reporters.
 17  2    (7)  Juvenile court officers.
 17  3    (8)  District court clerks.
 17  4    (9)  Jury and witness fees.
 17  5    b.  Before December 1, the supreme court shall submit to
 17  6 the director of management an estimate of the total
 17  7 expenditure requirements of the judicial department branch.
 17  8 The director of management shall submit this estimate received
 17  9 from the supreme court to the governor for inclusion without
 17 10 change in the governor's proposed budget for the succeeding
 17 11 fiscal year.  The estimate shall also be submitted to the
 17 12 chairpersons of the committees on appropriations.
 17 13    3.  The state court administrator shall prescribe the
 17 14 procedures to be used by the operating components of the
 17 15 department judicial branch with respect to the following:
 17 16    a.  The preparation, submission, review, and revision of
 17 17 budget requests.
 17 18    b.  The allocation and disbursement of funds appropriated
 17 19 to the department judicial branch.
 17 20    c.  The purchase of forms, supplies, equipment, and other
 17 21 property.
 17 22    d.  Other matters relating to fiscal administration.
 17 23    4.  The state court administrator shall prescribe practices
 17 24 and procedures for the accounting and internal auditing of
 17 25 funds of the department judicial branch, including uniform
 17 26 practices and procedures to be used by judicial officers and
 17 27 court employees with respect to all funds, regardless of
 17 28 source.
 17 29    Sec. 46.  Section 602.1302, Code 1997, is amended to read
 17 30 as follows:
 17 31    602.1302  STATE FUNDING.
 17 32    1.  Except as otherwise provided by sections 602.1303 and
 17 33 602.1304 or other applicable law, the expenses of operating
 17 34 and maintaining the department judicial branch shall be paid
 17 35 out of the general fund of the state from funds appropriated
 18  1 by the general assembly for the department judicial branch.
 18  2 State funding shall be phased in as provided in section
 18  3 602.11101.
 18  4    2.  The supreme court may accept federal funds to be used
 18  5 in the operation of the department judicial branch, but shall
 18  6 not expend any of these funds except pursuant to appropriation
 18  7 of the funds by the general assembly.
 18  8    3.  A revolving fund is created in the state treasury for
 18  9 the payment of jury and witness fees and mileage by the
 18 10 department judicial branch.  The department judicial branch
 18 11 shall deposit any reimbursements to the state for the payment
 18 12 of jury and witness fees and mileage in the revolving fund.
 18 13 Notwithstanding section 8.33, unencumbered and unobligated
 18 14 receipts in the revolving fund at the end of a fiscal year do
 18 15 not revert to the general fund of the state.  The department
 18 16 judicial branch shall on or before February 1 file a financial
 18 17 accounting of the moneys in the revolving fund with the
 18 18 legislative fiscal bureau.  The accounting shall include an
 18 19 estimate of disbursements from the revolving fund for the
 18 20 remainder of the fiscal year and for the next fiscal year.
 18 21    4.  The department judicial branch shall reimburse counties
 18 22 for the costs of witness and mileage fees and for attorney
 18 23 fees paid pursuant to section 232.141, subsection 1.
 18 24    Sec. 47.  Section 602.1304, subsection 2, paragraph c, Code
 18 25 Supplement 1997, is amended to read as follows:
 18 26    c.  Moneys in the collections fund shall be used by the
 18 27 judicial department branch for the Iowa court information
 18 28 system; records management equipment, services, and projects;
 18 29 other technological improvements; electronic legal research
 18 30 equipment, systems, and projects; and the study, development,
 18 31 and implementation of other innovations and projects that
 18 32 would improve the administration of justice.  The moneys in
 18 33 the collection fund may also be used for capital improvements
 18 34 necessitated by the installation of or connection with the
 18 35 Iowa court information system, the Iowa communications
 19  1 network, and other technological improvements approved by the
 19  2 department judicial branch.
 19  3    Sec. 48.  Section 602.1401, subsections 1, 2, and 3, Code
 19  4 1997, are amended to read as follows:
 19  5    1.  The supreme court shall establish, and may amend, a
 19  6 personnel system and a pay plan for court employees.  The
 19  7 personnel system shall include a designation by position
 19  8 title, classification, and function of each position or class
 19  9 of positions within the department judicial branch.
 19 10 Reasonable efforts shall be made to accommodate the individual
 19 11 staffing and management practices of the respective clerks of
 19 12 the district court.  The personnel system, in the employment
 19 13 of court employees, shall not discriminate on the basis of
 19 14 race, creed, color, sex, national origin, religion, physical
 19 15 disability, or political party preference.  The supreme court,
 19 16 in establishing the personnel system, shall implement the
 19 17 comparable worth directives issued by the state court
 19 18 administrator under section 602.1204, subsection 2.  The
 19 19 personnel system shall include the prohibitions against sexual
 19 20 harassment of full-time, part-time, and temporary employees
 19 21 set out in section 19B.12, and shall include a grievance
 19 22 procedure for discriminatory harassment.  The personnel system
 19 23 shall develop and distribute at the time of hiring or
 19 24 orientation, a guide that describes for employees the
 19 25 applicable sexual harassment prohibitions and grievance,
 19 26 violation, and disposition procedures.  This subsection does
 19 27 not supersede the remedies provided under chapter 216.
 19 28    2.  The supreme court shall compile and publish all
 19 29 documents that establish the personnel system, and shall
 19 30 distribute a copy of the compilation and all amendments to
 19 31 each operating component of the department judicial branch.
 19 32    3.  The state court administrator is the public employer of
 19 33 judicial department branch employees for purposes of chapter
 19 34 20, relating to public employment relations.
 19 35    For purposes of chapter 20, the certified representative,
 20  1 which on July 1, 1983 represents employees who become judicial
 20  2 department branch employees as a result of 1983 Iowa Acts,
 20  3 chapter 186, shall remain the certified representative when
 20  4 the employees become judicial department branch employees and
 20  5 thereafter, unless the public employee organization is
 20  6 decertified in an election held under section 20.15 or amended
 20  7 or absorbed into another certified organization pursuant to
 20  8 chapter 20.  Collective bargaining negotiations shall be
 20  9 conducted on a statewide basis and the certified employee
 20 10 organizations which engage in bargaining shall negotiate on a
 20 11 statewide basis, although bargaining units shall be organized
 20 12 by judicial district.  The public employment relations board
 20 13 shall adopt rules pursuant to chapter 17A to implement this
 20 14 subsection.
 20 15    Sec. 49.  Section 602.1402, Code 1997, is amended to read
 20 16 as follows:
 20 17    602.1402  PERSONNEL CONTROL.
 20 18    The employment of court employees within an operating
 20 19 component of the judicial department branch is subject to
 20 20 prior authorization by the supreme court, and to approval by
 20 21 the state court administrator under section 602.1209.
 20 22    Sec. 50.  Section 602.1502, subsection 1, Code 1997, is
 20 23 amended to read as follows:
 20 24    1.  The supreme court shall set the compensation of the
 20 25 state court administrator.  The salaries of other employees of
 20 26 the judicial department branch shall be set pursuant to the
 20 27 department's judicial branch's pay plan established under
 20 28 section 602.1401.
 20 29    Sec. 51.  Section 602.1510, Code 1997, is amended to read
 20 30 as follows:
 20 31    602.1510  BOND EXPENSE.
 20 32    The cost of a bond that is required of a judicial officer
 20 33 or court employee in the discharge of duties shall be paid by
 20 34 the department judicial branch.
 20 35    Sec. 52.  Section 602.1610, subsection 2, Code 1997, is
 21  1 amended to read as follows:
 21  2    2.  The mandatory retirement age for employees of the
 21  3 judicial department branch is as provided in section 97B.46.
 21  4    Sec. 53.  Section 602.2101, Code 1997, is amended to read
 21  5 as follows:
 21  6    602.2101  AUTHORITY.
 21  7    The supreme court may retire, discipline, or remove a
 21  8 judicial officer from office or may discipline or remove an
 21  9 employee of the judicial department branch for cause as
 21 10 provided in this part.
 21 11    Sec. 54.  Section 602.2103, Code 1997, is amended to read
 21 12 as follows:
 21 13    602.2103  OPERATION OF COMMISSION.
 21 14    A quorum of the commission is four members.  Only those
 21 15 commission members that are present at commission meetings or
 21 16 hearings may vote.  An application by the commission to the
 21 17 supreme court to retire, discipline, or remove a judicial
 21 18 officer, or discipline or remove an employee of the judicial
 21 19 department branch, or an action by the commission which
 21 20 affects the final disposition of a complaint, requires the
 21 21 affirmative vote of at least four commission members.
 21 22 Notwithstanding chapter 21 and chapter 22, all records,
 21 23 papers, proceedings, meetings, and hearings of the commission
 21 24 are confidential, but if the commission applies to the supreme
 21 25 court to retire, discipline, or remove a judicial officer, or
 21 26 to discipline or remove an employee of the judicial department
 21 27 branch, the application and all of the records and papers in
 21 28 that proceeding are public documents.
 21 29    Sec. 55.  Section 602.2104, Code 1997, is amended to read
 21 30 as follows:
 21 31    602.2104  PROCEDURE BEFORE COMMISSION.
 21 32    1.  Charges before the commission shall be in writing but
 21 33 may be simple and informal.  The commission shall investigate
 21 34 each charge as indicated by its gravity.  If the charge is
 21 35 groundless, it shall be dismissed by the commission.  If the
 22  1 charge appears to be substantiated but does not warrant
 22  2 application to the supreme court, the commission may dispose
 22  3 of it informally by conference with or communication to the
 22  4 judicial officer or employee of the judicial department branch
 22  5 involved.  If the charge appears to be substantiated and if
 22  6 proved would warrant application to the supreme court, notice
 22  7 shall be given to the judicial officer and a hearing shall be
 22  8 held before the commission.  The commission may employ
 22  9 investigative personnel, in addition to the executive
 22 10 secretary, as it deems necessary.  The commission may also
 22 11 employ or contract for the employment of legal counsel.
 22 12    2.  In case of a hearing before the commission, written
 22 13 notice of the charge and of the time and place of hearing
 22 14 shall be mailed to a judicial officer or an employee of the
 22 15 judicial department branch at the person's residence at least
 22 16 twenty days prior to the time set for hearing.  Hearing shall
 22 17 be held in the county where the judicial officer or employee
 22 18 of the judicial department branch resides unless the
 22 19 commission and the judicial officer or employee of the
 22 20 judicial department branch agree to a different location.  The
 22 21 judicial officer shall continue to perform judicial duties
 22 22 during the pendency of the charge and the employee shall
 22 23 continue to perform the employee's assigned duties, unless
 22 24 otherwise ordered by the commission.  The attorney general
 22 25 shall prosecute the charge before the commission on behalf of
 22 26 the state.  A judicial officer or employee of the judicial
 22 27 department branch may defend and has the right to participate
 22 28 in person and by counsel, to cross-examine, to be confronted
 22 29 by the witnesses, and to present evidence in accordance with
 22 30 the rules of civil procedure.  A complete record shall be made
 22 31 of the evidence by a court reporter.  In accordance with its
 22 32 findings on the evidence, the commission shall dismiss the
 22 33 charge or make application to the supreme court to retire,
 22 34 discipline, or remove the judicial officer or to discipline or
 22 35 remove an employee of the judicial department branch.
 23  1    3.  The commission has subpoena power, which may be used in
 23  2 conducting investigations and during the hearing process.  A
 23  3 person who disobeys the commission's subpoena or who refuses
 23  4 to testify or produce documents as required by a commission
 23  5 subpoena may be punished for contempt in the district court
 23  6 for the county in which the hearing is being held or the
 23  7 investigation is being conducted.  Costs related to
 23  8 investigations and to the appearance of witnesses subpoenaed
 23  9 by the designated prosecutor shall be paid by the commission.
 23 10 Commission subpoenas may be issued as follows:
 23 11    a.  During an investigation, subpoenas shall be issued by
 23 12 the commission, at the request of the person designated to
 23 13 conduct the investigation, to compel the appearance of persons
 23 14 or the production of documents before the person who is
 23 15 designated to conduct the investigation.  The person
 23 16 designated to conduct the investigation shall administer the
 23 17 required oath.
 23 18    b.  During the hearing process, subpoenas shall be issued
 23 19 by the commission at the request of the designated prosecutor
 23 20 or the judicial officer or employee of the judicial department
 23 21 branch.
 23 22    Sec. 56.  Section 602.2106, subsections 1, 2, and 3, Code
 23 23 1997, are amended to read as follows:
 23 24    1.  If the commission submits an application to the supreme
 23 25 court to retire, discipline, or remove a judicial officer or
 23 26 to discipline or remove an employee of the judicial department
 23 27 branch, the commission shall promptly file in the supreme
 23 28 court a transcript of the hearing before the commission.  The
 23 29 statutes and rules relative to proceedings in appeals of
 23 30 equity suits apply.
 23 31    2.  The attorney general shall prosecute the proceedings in
 23 32 the supreme court on behalf of the state, and the judicial
 23 33 officer or employee of the judicial department branch may
 23 34 defend in person and by counsel.
 23 35    3.  Upon application by the commission, the supreme court
 24  1 may do any of the following:
 24  2    a.  Retire the judicial officer for permanent physical or
 24  3 mental disability which substantially interferes with the
 24  4 performance of judicial duties.
 24  5    b.  Discipline or remove the judicial officer for
 24  6 persistent failure to perform duties, habitual intemperance,
 24  7 willful misconduct in office, conduct which brings judicial
 24  8 office into disrepute, or substantial violation of the canons
 24  9 of judicial ethics.  Discipline may include suspension without
 24 10 pay for a definite period of time not to exceed twelve months.
 24 11    c.  Discipline or remove an employee of the judicial
 24 12 department branch for conduct which violates the code of
 24 13 ethics prescribed by the supreme court for court employees.
 24 14    Sec. 57.  Section 602.5205, subsection 2, Code 1997, is
 24 15 amended to read as follows:
 24 16    2.  Offices may be provided for court of appeals judges or
 24 17 employees at any place other than the seat of state government
 24 18 with the approval of the supreme court within the funds
 24 19 available to the judicial department branch.
 24 20    Sec. 58.  Section 602.6301, Code 1997, is amended to read
 24 21 as follows:
 24 22    602.6301  NUMBER AND APPORTIONMENT OF DISTRICT ASSOCIATE
 24 23 JUDGES.
 24 24    There shall be one district associate judge in counties
 24 25 having a population, according to the most recent federal
 24 26 decennial census, of more than thirty-five thousand and less
 24 27 than eighty thousand; two in counties having a population of
 24 28 eighty thousand or more and less than one hundred twenty-five
 24 29 thousand; three in counties having a population of one hundred
 24 30 twenty-five thousand or more and less than two hundred
 24 31 thousand; four in counties having a population of two hundred
 24 32 thousand or more and less than two hundred thirty-five
 24 33 thousand; five in counties having a population of two hundred
 24 34 thirty-five thousand or more and less than two hundred seventy
 24 35 thousand; six in counties having a population of two hundred
 25  1 seventy thousand or more and less than three hundred five
 25  2 thousand; and seven in counties having a population of three
 25  3 hundred five thousand or more.  However, a county shall not
 25  4 lose a district associate judgeship solely because of a
 25  5 reduction in the county's population.  If the formula provided
 25  6 in this section results in the allocation of an additional
 25  7 district associate judgeship to a county, implementation of
 25  8 the allocation shall be subject to prior approval of the
 25  9 supreme court and availability of funds to the judicial
 25 10 department branch.  A district associate judge appointed
 25 11 pursuant to section 602.6302 or 602.6303 shall not be counted
 25 12 for purposes of this section.
 25 13    Sec. 59.  Section 602.7203, Code 1997, is amended to read
 25 14 as follows:
 25 15    602.7203  JUVENILE VICTIM RESTITUTION.
 25 16    The department judicial branch shall administer the
 25 17 juvenile victim restitution program created in chapter 232A.
 25 18    Sec. 60.  Section 602.8107, subsection 5, Code Supplement
 25 19 1997, is amended to read as follows:
 25 20    5.  If a county attorney does not file the notice and list
 25 21 of cases required in section 331.756, subsection 5, the
 25 22 judicial department branch may assign cases to the centralized
 25 23 collection unit of the department of revenue and finance or
 25 24 its designee to collect debts owed to the clerk of the
 25 25 district court.
 25 26    The department of revenue and finance may impose a fee
 25 27 established by rule to reflect the cost of processing which
 25 28 shall be added to the debt owed to the clerk of the district
 25 29 court.  Any amounts collected by the unit will first be
 25 30 applied to the processing fee.  The remaining amounts shall be
 25 31 remitted to the clerk of the district court for the county in
 25 32 which the debt is owed.  The judicial department branch may
 25 33 prescribe rules to implement this section.  These rules may
 25 34 provide for remittance of processing fees to the department of
 25 35 revenue and finance or its designee.
 26  1    Satisfaction of the outstanding obligation occurs only when
 26  2 all fees or charges and the outstanding obligation are paid in
 26  3 full.  Payment of the outstanding obligation only shall not be
 26  4 considered payment in full for satisfaction purposes.
 26  5    The department of revenue and finance or its collection
 26  6 designee shall file with the clerk of the district court a
 26  7 notice of the satisfaction of each obligation to the full
 26  8 extent of the moneys collected in satisfaction of the
 26  9 obligation.  The clerk of the district court shall record the
 26 10 notice and enter a satisfaction for the amounts collected.
 26 11    Sec. 61.  Section 602.8108, subsection 4, paragraph a, Code
 26 12 1997, is amended to read as follows:
 26 13    a.  Eighty percent shall be used to enhance the ability of
 26 14 the judicial department branch to process cases more quickly
 26 15 and efficiently, to electronically transmit information to
 26 16 state government, local governments, law enforcement agencies,
 26 17 and the public, and to improve public access to the court
 26 18 system.  Moneys in this paragraph shall not be used for the
 26 19 Iowa court information system.
 26 20    Sec. 62.  Section 602.9206, unnumbered paragraph 1, Code
 26 21 1997, is amended to read as follows:
 26 22    Section 602.1612 does not apply to a senior judge but does
 26 23 apply to a retired senior judge.  During the tenure of a
 26 24 senior judge, if the judge is able to serve, the judge may be
 26 25 assigned by the supreme court to temporary judicial duties on
 26 26 courts of this state without salary for an aggregate of
 26 27 thirteen weeks out of each twelve-month period, and for
 26 28 additional weeks with the judge's consent.  A senior judge
 26 29 shall not be assigned to judicial duties on the supreme court
 26 30 unless the judge has been appointed to serve on the supreme
 26 31 court prior to retirement.  While serving on temporary
 26 32 assignment, a senior judge has and may exercise all of the
 26 33 authority of the office to which the judge is assigned, shall
 26 34 continue to be paid the judge's annuity as senior judge, shall
 26 35 be reimbursed for the judge's actual expenses to the extent
 27  1 expenses of a district judge are reimbursable under section
 27  2 602.1509, may, if permitted by the assignment order, appoint a
 27  3 temporary court reporter, who shall be paid the remuneration
 27  4 and reimbursement for actual expenses provided by law for a
 27  5 reporter in the court to which the senior judge is assigned,
 27  6 and, if assigned to the court of appeals or the supreme court,
 27  7 shall be given the assistance of a law clerk and a secretary
 27  8 designated by the court administrator of the judicial
 27  9 department branch from the court administrator's staff.  Each
 27 10 order of temporary assignment shall be filed with the clerks
 27 11 of court at the places where the senior judge is to serve.
 27 12    Sec. 63.  Section 602.11101, subsection 5, unnumbered
 27 13 paragraph 2, Code 1997, is amended to read as follows:
 27 14    Until July 1, 1986 the county shall remain responsible for
 27 15 the compensation of and operating costs for court employees
 27 16 not presently designated for state financing and for
 27 17 miscellaneous costs of the judicial department branch related
 27 18 to furnishings, supplies, and equipment purchased, leased, or
 27 19 maintained for the use of judicial officers, referees, and
 27 20 their staff.  Effective July 1, 1986 the state shall assume
 27 21 the responsibility for the compensation of and operating costs
 27 22 for court employees presently designated for state financing
 27 23 and for miscellaneous costs of the judicial department branch
 27 24 related to furnishings, supplies, and equipment purchased,
 27 25 leased, or maintained for the use of judicial officers,
 27 26 referees, and their staff.  However, the county shall at all
 27 27 times remain responsible for the provision of suitable
 27 28 courtrooms, offices, and other physical facilities pursuant to
 27 29 section 602.1303, subsection 1, including paint, wall
 27 30 covering, and fixtures in the facilities.
 27 31    Sec. 64.  Section 602.11101, subsection 6, Code 1997, is
 27 32 amended to read as follows:
 27 33    6.  The state shall assume the responsibility for the costs
 27 34 of indigent defense on July 1, 1987.  However, an attorney
 27 35 appointed to represent an indigent person pursuant to section
 28  1 331.777 is not a court employee, as defined in section
 28  2 602.1101, subsection 5, and the judicial department branch
 28  3 does not have supervisory power over personnel of public
 28  4 defender offices established pursuant to section 331.776.
 28  5    Sec. 65.  Section 602.11107, subsection 1, Code 1997, is
 28  6 amended to read as follows:
 28  7    1.  Commencing on the date when each category of employees
 28  8 becomes state employees as a result of this Act, public
 28  9 property referred to in subsection 2 that on the day prior to
 28 10 that date is in the custody of a person or agency referred to
 28 11 in subsection 3 shall not become property of the judicial
 28 12 department branch but shall be devoted for the use of the
 28 13 judicial department branch in its course of business.  The
 28 14 judicial department branch shall only be responsible for
 28 15 maintenance contracts or contracts for purchase entered into
 28 16 by the judicial department branch.  Upon replacement of the
 28 17 property by the judicial department branch, the property shall
 28 18 revert to the use of the appropriate county.  However, if the
 28 19 property is personal property of a historical nature, the
 28 20 property shall not become property of the judicial department
 28 21 branch, and the county shall make the property available to
 28 22 the judicial department branch for the department's judicial
 28 23 branch's use within the county courthouse until the court no
 28 24 longer wishes to use the property, at which time the property
 28 25 shall revert to the use of the appropriate county.
 28 26    Sec. 66.  Section 805.6, subsection 3, Code 1997, is
 28 27 amended to read as follows:
 28 28    3.  Supplies of the uniform citation and complaint for
 28 29 municipal corporations and county agencies shall be paid for
 28 30 out of the budget of the municipal corporation or county
 28 31 receiving the fine resulting from use of the citation and
 28 32 complaint.  Supplies of the uniform citation and complaint
 28 33 form used by other agencies shall be paid for out of the
 28 34 budget of the agency concerned and not out of the budget of
 28 35 the judicial department branch.
 29  1    Sec. 67.  Section 232A.1, Code 1997, is repealed.
 29  2    Sec. 68.  DIRECTIVE TO CODE EDITOR.
 29  3    1.  The Code editor is directed to substitute the words
 29  4 "judicial branch" for the words "judicial department" when
 29  5 there appears to be no doubt as to the intent to refer to the
 29  6 judicial department.
 29  7    2.  The Code editor is directed to substitute the words
 29  8 "judicial branch" for the word "department", in chapters 232A
 29  9 and 602 when there appears to be no doubt as to the intent to
 29 10 refer to the judicial department.  
 29 11                           EXPLANATION
 29 12    This bill changes the designation of the judiciary in the
 29 13 Code from the judicial department to the judicial branch.  
 29 14 LSB 3297DP 77
 29 15 ec/cf/24
     

Text: HSB00648                          Text: HSB00650
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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