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