House Study Bill 275



                                     HOUSE FILE       
                                     BY  (PROPOSED COMMITTEE ON
                                          APPROPRIATIONS BILL BY HOUSE
                                          APPROPRIATIONS SUBCOMMITTEE
                                          ON JUSTICE SYSTEM)


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

                                      A BILL FOR

  1 An Act relating to and making appropriations to the judicial
  2    branch, and providing an effective date.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1090HA 81
  5 jm/pj/5

PAG LIN



  1  1                         JUDICIAL BRANCH
  1  2    Section 1.  JUDICIAL BRANCH.
  1  3    1.  There is appropriated from the general fund of the
  1  4 state to the judicial branch for the fiscal year beginning
  1  5 July 1, 2005, and ending June 30, 2006, the following amount,
  1  6 or so much thereof as is necessary, to be used for the
  1  7 purposes designated:
  1  8    For salaries of supreme court justices, appellate court
  1  9 judges, district court judges, district associate judges,
  1 10 judicial magistrates and staff, state court administrator,
  1 11 clerk of the supreme court, district court administrators,
  1 12 clerks of the district court, juvenile court officers, board
  1 13 of law examiners and board of examiners of shorthand reporters
  1 14 and judicial qualifications commission, receipt and
  1 15 disbursement of child support payments, reimbursement of the
  1 16 auditor of state for expenses incurred in completing audits of
  1 17 the offices of the clerks of the district court during the
  1 18 fiscal year beginning July 1, 2005, and maintenance,
  1 19 equipment, and miscellaneous purposes:
  1 20 .................................................. $118,084,282
  1 21    2.  In addition to the funds appropriated in subsection 1,
  1 22 there is appropriated from the general fund of the state to
  1 23 the judicial branch for the fiscal year beginning July 1,
  1 24 2004, and ending June 30, 2005, an amount not exceeding
  1 25 $600,000 to be used for administration and operations.  The
  1 26 funds appropriated in this subsection are contingent upon
  1 27 receipt by the general fund of the state of an amount at least
  1 28 equal to the expenditure amount from costs or attorney fees
  1 29 awarded the state in settlement of its antitrust action
  1 30 against Microsoft brought under chapter 553.  However, if the
  1 31 amounts received as a result of this settlement are in excess
  1 32 of $600,000, the excess amounts shall not be appropriated to
  1 33 the judicial branch pursuant to this subsection.
  1 34    3.  The judicial branch, except for purposes of internal
  1 35 processing, shall use the current state budget system, the
  2  1 state payroll system, and the Iowa finance and accounting
  2  2 system in administration of programs and payments for
  2  3 services, and shall not duplicate the state payroll,
  2  4 accounting, and budgeting systems.
  2  5    4.  The judicial branch shall submit monthly financial
  2  6 statements to the legislative services agency and the
  2  7 department of management containing all appropriated accounts
  2  8 in the same manner as provided in the monthly financial status
  2  9 reports and personal services usage reports of the department
  2 10 of administrative services.  The monthly financial statements
  2 11 shall include a comparison of the dollars and percentage spent
  2 12 of budgeted versus actual revenues and expenditures on a
  2 13 cumulative basis for full=time equivalent positions and
  2 14 dollars.
  2 15    5.  The judicial branch shall focus efforts upon the
  2 16 collection of delinquent fines, penalties, court costs, fees,
  2 17 surcharges, or similar amounts.
  2 18    6.  It is the intent of the general assembly that the
  2 19 offices of the clerks of the district court operate in all
  2 20 ninety=nine counties and be accessible to the public as much
  2 21 as is reasonably possible in order to address the relative
  2 22 needs of the citizens of each county.
  2 23    7.  The judicial branch shall study the best practices and
  2 24 efficiencies of each judicial district.  In identifying the
  2 25 most efficient judicial districts and the districts using best
  2 26 practices, the judicial branch shall consider the average cost
  2 27 to the judicial branch for processing each classification of
  2 28 criminal offense or civil action and the overall number of
  2 29 cases filed.  The judicial branch shall file a report
  2 30 regarding the study made and actions taken pursuant to this
  2 31 subsection with the cochairpersons and ranking members of the
  2 32 joint appropriations subcommittee on the justice system and to
  2 33 the legislative services agency by December 15, 2005.
  2 34    8.  In addition to the requirements for transfers under
  2 35 section 8.39, the judicial branch shall not change the
  3  1 appropriations from the amounts appropriated to the judicial
  3  2 branch in this Act, unless notice of the revisions is given
  3  3 prior to their effective date to the legislative services
  3  4 agency.  The notice shall include information on the branch's
  3  5 rationale for making the changes and details concerning the
  3  6 workload and performance measures upon which the changes are
  3  7 based.
  3  8    9.  The judicial branch shall submit a semiannual update to
  3  9 the legislative services agency specifying the amounts of
  3 10 fines, surcharges, and court costs collected using the Iowa
  3 11 court information system since the last report.  The judicial
  3 12 branch shall continue to facilitate the sharing of vital
  3 13 sentencing and other information with other state departments
  3 14 and governmental agencies involved in the criminal justice
  3 15 system through the Iowa court information system.
  3 16    10.  The judicial branch shall provide a report to the
  3 17 general assembly by January 1, 2006, concerning the amounts
  3 18 received and expended from the enhanced court collections fund
  3 19 created in section 602.1304 and the court technology and
  3 20 modernization fund created in section 602.8108, subsection 5,
  3 21 during the fiscal year beginning July 1, 2004, and ending June
  3 22 30, 2005, and the plans for expenditures from each fund during
  3 23 the fiscal year beginning July 1, 2005, and ending June 30,
  3 24 2006.  A copy of the report shall be provided to the
  3 25 legislative services agency.
  3 26    Sec. 2.  JUDICIAL RETIREMENT FUND.  There is appropriated
  3 27 from the general fund of the state to the judicial retirement
  3 28 fund for the fiscal year beginning July 1, 2005, and ending
  3 29 June 30, 2006, the following amount, or so much thereof as is
  3 30 necessary, to be used for the purpose designated:
  3 31    Notwithstanding section 602.9104, for the state's
  3 32 contribution to the judicial retirement fund in the amount of
  3 33 9.7 percent of the basic salaries of the judges covered under
  3 34 chapter 602, article 9:
  3 35 .................................................. $  2,039,664
  4  1    Sec. 3.  APPOINTMENT OF CLERK OF COURT.  The appointment of
  4  2 a clerk of the district court shall not occur unless the state
  4  3 court administrator approves the appointment.
  4  4    Sec. 4.  POSTING OF REPORTS IN ELECTRONIC FORMAT ==
  4  5 LEGISLATIVE SERVICES AGENCY.  All reports or copies of reports
  4  6 required to be provided by the judicial branch for fiscal year
  4  7 2005=2006 to the legislative services agency shall be provided
  4  8 in an electronic format.  The legislative services agency
  4  9 shall post the reports on its internet site and shall notify
  4 10 by electronic means all the members of the joint
  4 11 appropriations subcommittee on the justice system when a
  4 12 report is posted.  Upon request, copies of the reports may be
  4 13 mailed to members of the joint appropriations subcommittee on
  4 14 the justice system.
  4 15    Sec. 5.  EFFECTIVE DATE.  The section of this Act
  4 16 appropriating funds that are contingent upon the general fund
  4 17 of the state receiving funds from the Microsoft settlement,
  4 18 being deemed of immediate importance, takes effect upon
  4 19 enactment.
  4 20                           EXPLANATION
  4 21    This bill makes appropriations for FY 2005=2006 to the
  4 22 judicial branch.
  4 23    The bill makes an appropriation to the judicial branch
  4 24 contingent upon the general fund of the state receiving moneys
  4 25 from the antitrust action brought against Microsoft.
  4 26    The bill provides that the appointment of a clerk of the
  4 27 district court shall not occur unless the state court
  4 28 administrator approves such an appointment.
  4 29 LSB 1090HA 81
  4 30 jm:mg/pj/5