Senate File 396 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO SSB 1031)


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

                                      A BILL FOR

  1 An Act funding courthouse security programs through the enhanced
  2    court collections fund and creating a courthouse security
  3    commission.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1377SV 82
  6 jm/je/5

PAG LIN



  1  1    Section 1.  Section 602.1304, subsection 2, paragraph a,
  1  2 Code 2007, is amended to read as follows:
  1  3    a.  The enhanced court collections fund is created in the
  1  4 state treasury under the authority of the supreme court.  The
  1  5 fund shall be separate from the general fund of the state and
  1  6 the balance in the fund shall not be considered part of the
  1  7 balance of the general fund of the state.  Notwithstanding
  1  8 section 8.33, moneys in the fund shall not revert to the
  1  9 general fund, unless and to the extent the total amount of
  1 10 moneys deposited into the fund in a fiscal year would exceed
  1 11 the maximum annual deposit amount established for the
  1 12 collections fund by the general assembly.  The initial maximum
  1 13 annual deposit amount for a fiscal year is four five million
  1 14 dollars.  Notwithstanding section 12C.7, subsection 2,
  1 15 interest or earnings on moneys in the collections fund shall
  1 16 remain in the collections fund and any interest and earnings
  1 17 shall be in addition to the maximum annual deposit amount.
  1 18    Sec. 2.  Section 602.1304, subsection 2, paragraph c, Code
  1 19 2007, is amended to read as follows:
  1 20    c.  Moneys in the collections fund The first four million
  1 21 dollars deposited in the fund during the fiscal year shall be
  1 22 used by the judicial branch for the Iowa court information
  1 23 system; records management equipment, services, and projects;
  1 24 other technological improvements; electronic legal research
  1 25 equipment, systems, and projects; and the study, development,
  1 26 and implementation of other innovations and projects that
  1 27 would improve the administration of justice.  The Such moneys
  1 28 in the collection fund may also be used for capital
  1 29 improvements necessitated by the installation of or connection
  1 30 with the Iowa court information system, the Iowa
  1 31 communications network, and other technological improvements
  1 32 approved by the judicial branch.
  1 33    Sec. 3.  Section 602.1304, subsection 2, Code 2007, is
  1 34 amended by adding the following new paragraph:
  1 35    NEW PARAGRAPH.  d.  If the moneys deposited into the fund
  2  1 exceed four million dollars during the fiscal year, then up to
  2  2 one million dollars of any excess moneys shall be used to fund
  2  3 a courthouse security grant program.  The program shall make
  2  4 grants to counties for the purpose of providing and improving
  2  5 courthouse security.  The moneys shall be used by the county
  2  6 for the purchase of security equipment and building
  2  7 enhancements that improve courthouse security.  The supreme
  2  8 court shall establish a commission to administer the grant
  2  9 program including reviewing applications for grants and
  2 10 awarding such grants.  The state court administrator shall
  2 11 disburse the grants awarded by the commission.  The commission
  2 12 shall consist of members who have an interest in courthouse
  2 13 security.  Members shall be selected by the supreme court and
  2 14 are to include but are not limited to:  a county sheriff, a
  2 15 county attorney, an emergency management coordinator, an
  2 16 attorney in private practice, a county supervisor, a district
  2 17 judge, a district associate judge, a magistrate, an employee
  2 18 of the state public defender, a clerk of the district court, a
  2 19 chief judge, a court administrator, and a person who has
  2 20 expertise or a professional interest in security.  In
  2 21 selecting the members of the commission the supreme court
  2 22 shall consult with any professional organization or agency
  2 23 that represents the respective members prior to selecting a
  2 24 member.  The supreme court shall prescribe rules to implement
  2 25 this paragraph.
  2 26                           EXPLANATION
  2 27    This bill relates to courthouse security programs, and
  2 28 funding such programs through the enhanced court collections
  2 29 fund and establishing a courthouse security grant commission.
  2 30    The bill increases the maximum annual deposit into the
  2 31 enhanced court collections fund from $4 million to $5 million.
  2 32 If the annual deposit into the fund exceeds $4 million, the
  2 33 bill provides that up to $1 million of the excess funds shall
  2 34 be used to establish a courthouse security grant program.  The
  2 35 bill provides that the grants shall be used by counties for
  3  1 the purchase of courthouse security equipment or building
  3  2 enhancements that improve courthouse security.
  3  3    The bill also establishes a commission to administer the
  3  4 grant program including reviewing applications for grants and
  3  5 awarding such grants.
  3  6    Current law limits the use of moneys deposited into the
  3  7 enhanced court collections fund to projects related to the
  3  8 Iowa court information system, for records management
  3  9 equipment, and court technological improvements.  The enhanced
  3 10 court collections fund is funded through fees and other
  3 11 revenue collected by the judicial branch.
  3 12 LSB 1377SV 82
  3 13 jm:nh/je/5