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:
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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.
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