House Study Bill 190 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED GOVERNOR'S
                                            BUDGET BILL)


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

                                      A BILL FOR

  1 An Act relating to and making appropriations to the judicial
  2    branch.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1015XG 83
  5 jm/tm/8

PAG LIN



  1  1    Section 1.  JUDICIAL BRANCH.
  1  2    1.  There is appropriated from the general fund of the
  1  3 state to the judicial branch for the fiscal year beginning
  1  4 July 1, 2009, and ending June 30, 2010, the following amount,
  1  5 or so much thereof as is necessary, to be used for the
  1  6 purposes designated:
  1  7    For salaries of supreme court justices, appellate court
  1  8 judges, district court judges, district associate judges,
  1  9 associate juvenile judges, associate probate judges, including
  1 10 the state's required contribution to the judicial retirement
  1 11 fund; salaries of judicial magistrates and staff, state court
  1 12 administrators, clerks of the supreme court, district court
  1 13 administrators, clerks of the district court, juvenile court
  1 14 officers, board of law examiners and board of examiners of
  1 15 shorthand reporters and judicial qualifications commission;
  1 16 receipt and disbursement of child support payments;
  1 17 reimbursement of the auditor of state for expenses incurred in
  1 18 completing audits of the offices of the clerks of the district
  1 19 court during the fiscal year beginning July 1, 2009; and
  1 20 maintenance, equipment, and miscellaneous purposes:
  1 21 .................................................. $163,527,936
  1 22    2.  The judicial branch, except for purposes of internal
  1 23 processing, shall use the current state budget system, the
  1 24 state payroll system, and the Iowa finance and accounting
  1 25 system in administration of programs and payments for
  1 26 services, and shall not duplicate the state payroll,
  1 27 accounting, and budgeting systems.
  1 28    3.  The judicial branch shall submit monthly financial
  1 29 statements to the legislative services agency and the
  1 30 department of management containing all appropriated accounts
  1 31 in the same manner as provided in the monthly financial status
  1 32 reports and personal services usage reports of the department
  1 33 of administrative services.  The monthly financial statements
  1 34 shall include a comparison of the dollars and percentage spent
  1 35 of budgeted versus actual revenues and expenditures on a
  2  1 cumulative basis for full=time equivalent positions and
  2  2 dollars.
  2  3    4.  The judicial branch shall focus efforts upon the
  2  4 collection of delinquent fines, penalties, court costs, fees,
  2  5 surcharges, or similar amounts.
  2  6    5.  It is the intent of the general assembly that the
  2  7 offices of the clerks of the district court operate in all 99
  2  8 counties and be accessible to the public as much as is
  2  9 reasonably possible in order to address the relative needs of
  2 10 the citizens of each county.
  2 11    6.  The judicial branch shall continue studying the best
  2 12 practices and efficiencies of each judicial district.  In
  2 13 identifying the most efficient judicial districts and the
  2 14 districts using best practices, the judicial branch shall
  2 15 consider the average cost to the judicial branch for
  2 16 processing each classification of criminal offense or civil
  2 17 action and the overall number of cases filed.  In addition,
  2 18 and as part of the best practices and efficiencies study, the
  2 19 judicial branch shall study the number of judicial officers
  2 20 needed throughout the state to manage current caseloads and
  2 21 anticipated caseloads in the future, and shall make
  2 22 recommendations, if any, as to changes in judgeship and
  2 23 magistrate apportionment formulas in sections 602.6201,
  2 24 602.6301, and 602.6401.  The judicial branch shall file a
  2 25 report regarding the study made, recommendations presented,
  2 26 and actions taken pursuant to this subsection with the
  2 27 co=chairpersons and ranking members of the joint
  2 28 appropriations subcommittee on the justice system and to the
  2 29 legislative services agency by January 1, 2010.
  2 30    7.  In addition to the requirements for transfers under
  2 31 section 8.39, the judicial branch shall not change the
  2 32 appropriations from the amounts appropriated to the judicial
  2 33 branch in this Act, unless notice of the revisions is given
  2 34 prior to their effective date to the legislative services
  2 35 agency.  The notice shall include information on the branch's
  3  1 rationale for making the changes and details concerning the
  3  2 workload and performance measures upon which the changes are
  3  3 based.
  3  4    8.  The judicial branch shall submit a semiannual update to
  3  5 the legislative services agency specifying the amounts of
  3  6 fines, surcharges, and court costs collected using the Iowa
  3  7 court information system since the last report.  The judicial
  3  8 branch shall continue to facilitate the sharing of vital
  3  9 sentencing and other information with other state departments
  3 10 and governmental agencies involved in the criminal justice
  3 11 system through the Iowa court information system.
  3 12    9.  The judicial branch shall provide a report to the
  3 13 general assembly by January 1, 2010, concerning the amounts
  3 14 received and expended from the enhanced court collections fund
  3 15 created in section 602.1304 and the court technology and
  3 16 modernization fund created in section 602.8108, subsection 7,
  3 17 during the fiscal year beginning July 1, 2008, and ending June
  3 18 30, 2009, and the plans for expenditures from each fund during
  3 19 the fiscal year beginning July 1, 2009, and ending June 30,
  3 20 2010.  A copy of the report shall be provided to the
  3 21 legislative services agency.
  3 22    10.  The judicial branch is encouraged to purchase products
  3 23 from Iowa state industries, as defined in section 904.802,
  3 24 when purchases are required and the products are available
  3 25 from Iowa state industries.  The judicial branch shall obtain
  3 26 bids from Iowa state industries for purchases of office
  3 27 furniture during the fiscal year beginning July 1, 2009,
  3 28 exceeding $5,000.
  3 29    Sec. 2.  POSTING OF REPORTS IN ELECTRONIC FORMAT ==
  3 30 LEGISLATIVE SERVICES AGENCY.  All reports or copies of reports
  3 31 required to be provided by the judicial branch for fiscal year
  3 32 2009=2010 to the legislative services agency shall be provided
  3 33 in an electronic format.  The legislative services agency
  3 34 shall post the reports on its internet website and shall
  3 35 notify by electronic means all the members of the joint
  4  1 appropriations subcommittee on the justice system when a
  4  2 report is posted.  Upon request, copies of the reports may be
  4  3 mailed to members of the joint appropriations subcommittee on
  4  4 the justice system.
  4  5                           EXPLANATION
  4  6    This bill makes appropriations from the general fund of the
  4  7 state for FY 2009-2010 to the judicial branch.  Under the
  4  8 bill, the state's required contribution to the judicial
  4  9 retirement fund is combined with the appropriation for
  4 10 salaries, maintenance, equipment, and other miscellaneous
  4 11 purposes.
  4 12    The bill encourages the judicial branch to purchase
  4 13 products produced by Iowa state industries.
  4 14    The bill requires the judicial branch to submit all reports
  4 15 or copies of reports to the legislative services agency in an
  4 16 electronic format.
  4 17 LSB 1015XG 83
  4 18 jm/tm/8.1