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 depositedintoin 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. Theinitialmaximum 2 4 annual deposit amount for a fiscal year isfourfive 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 fundThe 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.TheSuch moneys 2 19in the collection fundmay 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