House Study Bill 102 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED JUDICIAL
                                            BRANCH BILL)


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

                                      A BILL FOR

  1 An Act relating to courthouse security, lease purchase
  2    agreements, and the issuance of bonds for building projects on
  3    certain buildings occupied by the judicial branch, and making
  4    an appropriation.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1403XD 83
  7 jm/rj/5

PAG LIN



  1  1    Section 1.  Section 331.301, subsection 10, paragraph e,
  1  2 subparagraph (1), unnumbered paragraph 2, Code 2009, is
  1  3 amended to read as follows:
  1  4    However, if the principal amount of a lease or
  1  5 lease=purchase contract pursuant to this subparagraph is less
  1  6 than twenty=five thousand dollars, the board may authorize the
  1  7 lease or lease=purchase contract without following the
  1  8 authorization procedures of section 331.443.  If a lease or
  1  9 lease=purchase contract involves real property that is a
  1 10 public building which is or will be more than fifty percent
  1 11 occupied by the judicial branch, the board may authorize the
  1 12 lease or lease=purchase contract without following the
  1 13 authorization procedures of section 331.443.
  1 14    Sec. 2.  Section 331.441, subsection 2, paragraph b,
  1 15 subparagraph (5), subparagraph division (b), Code 2009, is
  1 16 amended to read as follows:
  1 17    (b)  Seven hundred fifty thousand dollars in a county
  1 18 having a population of more than twenty=five thousand but not
  1 19 more than fifty thousand, except as provided in subparagraph
  1 20 (18).
  1 21    Sec. 3.  Section 331.441, subsection 2, paragraph b, Code
  1 22 2009, is amended by adding the following new subparagraph:
  1 23    NEW SUBPARAGRAPH.  (18)  Public buildings which are or will
  1 24 be more than fifty percent occupied by the judicial branch in
  1 25 counties with a population of more than twenty=five thousand
  1 26 but not more than fifty thousand.
  1 27    Sec. 4.  Section 602.1304, subsection 2, paragraph a, Code
  1 28 2009, is amended to read as follows:
  1 29    a.  The enhanced court collections fund is created in the
  1 30 state treasury under the authority of the supreme court.  The
  1 31 fund shall be separate from the general fund of the state and
  1 32 the balance in the fund shall not be considered part of the
  1 33 balance of the general fund of the state.  Notwithstanding
  1 34 section 8.33, moneys in the fund shall not revert to the
  1 35 general fund, unless and to the extent the total amount of
  2  1 moneys deposited into in the fund in a fiscal year would
  2  2 exceed the maximum annual deposit amount established for the
  2  3 collections fund by the general assembly.  The initial maximum
  2  4 annual deposit amount for a fiscal year is four five million
  2  5 dollars.  Notwithstanding section 12C.7, subsection 2,
  2  6 interest or earnings on moneys in the collections fund shall
  2  7 remain in the collections fund and any interest and earnings
  2  8 shall be in addition to the maximum annual deposit amount.
  2  9    Sec. 5.  Section 602.1304, subsection 2, paragraph c, Code
  2 10 2009, is amended to read as follows:
  2 11    c.  Moneys in the collections fund The first four million
  2 12 dollars deposited in the fund during the fiscal year shall be
  2 13 used by the judicial branch for the Iowa court information
  2 14 system; records management equipment, services, and projects;
  2 15 other technological improvements; electronic legal research
  2 16 equipment, systems, and projects; and the study, development,
  2 17 and implementation of other innovations and projects that
  2 18 would improve the administration of justice.  The Such moneys
  2 19 in the collection fund may also be used for capital
  2 20 improvements necessitated by the installation of or connection
  2 21 with the Iowa court information system, the Iowa
  2 22 communications network, and other technological improvements
  2 23 approved by the judicial branch.
  2 24    Sec. 6.  Section 602.1304, subsection 2, Code 2009, is
  2 25 amended by adding the following new paragraph:
  2 26    NEW PARAGRAPH.  d.  If the moneys deposited in the fund
  2 27 exceeds four million dollars during the fiscal year, up to one
  2 28 million dollars of the excess shall be used by the judicial
  2 29 branch to establish a court security grant program.  The
  2 30 program shall make grant awards to counties for the purpose of
  2 31 providing and improving court security.  The moneys shall be
  2 32 used by counties for the purchase of security equipment and
  2 33 building improvements that enhance court security.  The
  2 34 supreme court shall prescribe rules to administer the court
  2 35 security grant program.
  3  1                           EXPLANATION
  3  2    This bill relates to courthouse security, lease=purchase
  3  3 contracts, and the issuance of bonds for building projects on
  3  4 certain buildings occupied by the judicial branch.
  3  5    The bill provides that if the real property at interest is
  3  6 a public building which is or will be at least 51 percent
  3  7 occupied by the judicial branch, the board may authorize the
  3  8 lease or lease=purchase contract without following the same
  3  9 authorization procedures set forth in Code section 331.443 for
  3 10 the issuance of essential county purpose bonds.
  3 11    The bill also provides that a proposed building project for
  3 12 a public building which is or will be at least 51 percent
  3 13 occupied by the judicial branch is exempt from a county vote
  3 14 on the issuance of bonds to fund the project in a county
  3 15 having a population of more than 25,000 but not more than
  3 16 50,000.  Any proposed project applicable under the bill would
  3 17 be considered an "essential county purpose" and the issuance
  3 18 of any bonds would not be subject to a county vote but would
  3 19 be subject to the essential county purpose bond provisions in
  3 20 Code section 331.443.
  3 21    Current law provides that any proposed building project in
  3 22 excess of $750,000 involving a public building in a county
  3 23 having a population of more than 25,000 but not more than
  3 24 50,000 is required to have a county vote upon the question of
  3 25 issuing the bonds to fund the project.
  3 26    The bill increases the maximum annual deposit into the
  3 27 enhanced court collections fund from $4 million to $5 million.
  3 28 If the annual deposit into the fund exceeds $4 million, the
  3 29 bill provides that up to $1 million of the excess shall be
  3 30 used to establish a courthouse security grant program.  The
  3 31 bill provides that the grants shall be used by counties for
  3 32 the purchase of courthouse security equipment or building
  3 33 enhancements that improve courthouse security.
  3 34    Current law limits the use of moneys deposited into the
  3 35 enhanced court collections fund to projects related to the
  4  1 Iowa court information system, records management equipment,
  4  2 and court technological improvements.  The enhanced court
  4  3 collections fund is funded through fees and other revenue
  4  4 collected by the judicial branch.
  4  5 LSB 1403XD 83
  4  6 jm/rj/5.1