Senate File 435

                                    SENATE FILE       
                                    BY  COMMITTEE ON APPROPRIATIONS

                                    (SUCCESSOR TO SSB 1181)

    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to and making appropriations to the judicial
  2    branch.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1126SV 80
  5 jm/cl/14

PAG LIN

  1  1    Section 1.  JUDICIAL BRANCH.  There is appropriated from
  1  2 the general fund of the state to the judicial branch for the
  1  3 fiscal year beginning July 1, 2003, and ending June 30, 2004,
  1  4 the following amount, or so much thereof as is necessary, to
  1  5 be used for the purposes designated:
  1  6    For salaries of supreme court justices, appellate court
  1  7 judges, district court judges, district associate judges,
  1  8 judicial magistrates and staff, state court administrator,
  1  9 clerk of the supreme court, district court administrators,
  1 10 clerks of the district court, juvenile court officers, board
  1 11 of law examiners and board of examiners of shorthand reporters
  1 12 and judicial qualifications commission, receipt and
  1 13 disbursement of child support payments, reimbursement of the
  1 14 auditor of state for expenses incurred in completing audits of
  1 15 the offices of the clerks of the district court during the
  1 16 fiscal year beginning July 1, 2003, and maintenance,
  1 17 equipment, and miscellaneous purposes:
  1 18 .................................................. $113,354,603
  1 19    1.  The judicial branch, except for purposes of internal
  1 20 processing, shall use the current state budget system, the
  1 21 state payroll system, and the Iowa finance and accounting
  1 22 system in administration of programs and payments for
  1 23 services, and shall not duplicate the state payroll,
  1 24 accounting, and budgeting systems.
  1 25    2.  The judicial branch shall submit monthly financial
  1 26 statements to the legislative fiscal bureau and the department
  1 27 of management containing all appropriated accounts in the same
  1 28 manner as provided in the monthly financial status reports and
  1 29 personal services usage reports of the department of revenue
  1 30 and finance.  The monthly financial statements shall include a
  1 31 comparison of the dollars and percentage spent of budgeted
  1 32 versus actual revenues and expenditures on a cumulative basis
  1 33 for full=time equivalent positions and dollars.
  1 34    3.  The judicial branch shall focus efforts upon the
  1 35 collection of delinquent fines, penalties, court costs, fees,
  2  1 surcharges, or similar amounts.
  2  2    4.  It is the intent of the general assembly that the
  2  3 offices of the clerks of the district court operate in all
  2  4 ninety=nine counties and be accessible to the public as much
  2  5 as is reasonably possible in order to address the relative
  2  6 needs of the citizens of each county.
  2  7    5.  In addition to the requirements for transfers under
  2  8 section 8.39, the judicial branch shall not change the
  2  9 appropriations from the amounts appropriated to the judicial
  2 10 branch in this Act, unless notice of the revisions is given
  2 11 prior to their effective date to the legislative fiscal
  2 12 bureau.  The notice shall include information on the branch's
  2 13 rationale for making the changes and details concerning the
  2 14 work load and performance measures upon which the changes are
  2 15 based.
  2 16    6.  The judicial branch shall submit a semiannual update to
  2 17 the legislative fiscal bureau specifying the amounts of fines,
  2 18 surcharges, and court costs collected using the Iowa court
  2 19 information system since the last report.  The judicial branch
  2 20 shall continue to facilitate the sharing of vital sentencing
  2 21 and other information with other state departments and
  2 22 governmental agencies involved in the criminal justice system
  2 23 through the Iowa court information system.
  2 24    7.  The judicial branch shall provide a report to the
  2 25 general assembly by January 1, 2004, concerning the amounts
  2 26 received and expended from the enhanced court collections fund
  2 27 created in section 602.1304 and the court technology and
  2 28 modernization fund created in section 602.8108, subsection 5,
  2 29 during the fiscal year beginning July 1, 2002, and ending June
  2 30 30, 2003, and the plans for expenditures from each fund during
  2 31 the fiscal year beginning July 1, 2003, and ending June 30,
  2 32 2004.  A copy of the report shall be provided to the
  2 33 legislative fiscal bureau.
  2 34    8.  The supreme court, in consultation with the Iowa state
  2 35 bar association and district judges, shall study methods to
  3  1 achieve efficiency and cost savings within the judicial
  3  2 branch.  The state public defender, juvenile probation
  3  3 officers, clerks of the district court, the legal services
  3  4 corporation of Iowa, the supervisors affiliate of the Iowa
  3  5 state association of counties, the judicial district
  3  6 department of correctional services, the Iowa county attorneys
  3  7 association, and other interested departments, agencies, or
  3  8 organizations may each file a report with the supreme court
  3  9 detailing their recommendations on achieving efficiency and
  3 10 cost savings within the judicial branch by October 1, 2003.
  3 11 The study shall include recommendations on the best practices
  3 12 for court administration, utilizing court personnel including
  3 13 judges, magistrates, and clerks of the district court,
  3 14 customer service and delivery of court services, measuring of
  3 15 performance and performance=based budgeting, and judicial
  3 16 district redistricting.  The supreme court, after consulting
  3 17 with the Iowa state bar association and the district judges,
  3 18 and after reviewing the reports filed by the interested
  3 19 departments, agencies, or organizations, shall submit a report
  3 20 with findings and recommendations to the general assembly by
  3 21 December 15, 2003.
  3 22    Sec. 2.  JUDICIAL RETIREMENT FUND.  There is appropriated
  3 23 from the general fund of the state to the judicial retirement
  3 24 fund for the fiscal year beginning July 1, 2003, and ending
  3 25 June 30, 2004, the following amount, or so much thereof as is
  3 26 necessary, to be used for the purpose designated:
  3 27    Notwithstanding section 602.9104, for the state's
  3 28 contribution to the judicial retirement fund in the amount of
  3 29 8.4 percent of the basic salaries of the judges covered under
  3 30 chapter 602, article 9:
  3 31 .................................................. $  2,039,664
  3 32    Sec. 3.  APPOINTMENT OF CLERK OF COURT.  The appointment of
  3 33 a clerk of the district court shall not occur unless the state
  3 34 court administrator approves the appointment.
  3 35    Sec. 4.  POSTING OF REPORTS IN ELECTRONIC FORMAT ==
  4  1 LEGISLATIVE FISCAL BUREAU.  All reports or copies of reports
  4  2 required to be provided by the judicial branch for fiscal year
  4  3 2003=2004 to the legislative fiscal bureau shall be provided
  4  4 in an electronic format.  The legislative fiscal bureau shall
  4  5 post the reports on its internet site and shall notify by
  4  6 electronic means all the members of the joint appropriations
  4  7 subcommittee on the justice system when a report is posted.
  4  8 Upon request, copies of the reports may be mailed to members
  4  9 of the joint appropriations subcommittee on the justice
  4 10 system.
  4 11                           EXPLANATION
  4 12    This bill makes appropriations for FY 2003=2004 to the
  4 13 judicial branch.
  4 14    The bill includes a reduction in the percentage of the
  4 15 state's contribution to the judicial retirement fund for FY
  4 16 2003=2004.
  4 17    The bill provides that the appointment of a clerk of the
  4 18 district court shall not occur unless the state court
  4 19 administrator approves such an appointment.
  4 20 LSB 1126SV 80
  4 21 jm/cl/14