Senate
File
537
-
Introduced
SENATE
FILE
537
BY
COMMITTEE
ON
APPROPRIATIONS
(SUCCESSOR
TO
SSB
1213)
A
BILL
FOR
An
Act
relating
to
and
making
appropriations
to
the
judicial
1
branch
and
including
effective
date
and
retroactive
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2821SV
(1)
84
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S.F.
537
DIVISION
I
1
FY
2011-2012
2
Section
1.
JUDICIAL
BRANCH.
3
1.
There
is
appropriated
from
the
general
fund
of
the
state
4
to
the
judicial
branch
for
the
fiscal
year
beginning
July
1,
5
2011,
and
ending
June
30,
2012,
the
following
amount,
or
so
6
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
7
designated:
8
a.
For
salaries
of
supreme
court
justices,
appellate
court
9
judges,
district
court
judges,
district
associate
judges,
10
judicial
magistrates
and
staff,
state
court
administrator,
11
clerk
of
the
supreme
court,
district
court
administrators,
12
clerks
of
the
district
court,
juvenile
court
officers,
board
of
13
law
examiners
and
board
of
examiners
of
shorthand
reporters
and
14
judicial
qualifications
commission;
receipt
and
disbursement
15
of
child
support
payments;
reimbursement
of
the
auditor
16
of
state
for
expenses
incurred
in
completing
audits
of
the
17
offices
of
the
clerks
of
the
district
court
during
the
fiscal
18
year
beginning
July
1,
2011;
and
maintenance,
equipment,
and
19
miscellaneous
purposes:
20
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$154,111,822
21
b.
For
deposit
in
the
revolving
fund
created
pursuant
22
to
section
602.1302,
subsection
3,
for
jury
and
witness
23
fees,
mileage,
costs
related
to
summoning
jurors,
fees
for
24
interpreters,
and
reimbursement
of
attorney
fees
paid
by
the
25
state
public
defender:
26
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
2,300,000
27
2.
The
judicial
branch,
except
for
purposes
of
internal
28
processing,
shall
use
the
current
state
budget
system,
the
29
state
payroll
system,
and
the
Iowa
finance
and
accounting
30
system
in
administration
of
programs
and
payments
for
services,
31
and
shall
not
duplicate
the
state
payroll,
accounting,
and
32
budgeting
systems.
33
3.
The
judicial
branch
shall
submit
monthly
financial
34
statements
to
the
legislative
services
agency
and
the
35
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537
department
of
management
containing
all
appropriated
accounts
1
in
the
same
manner
as
provided
in
the
monthly
financial
status
2
reports
and
personal
services
usage
reports
of
the
department
3
of
administrative
services.
The
monthly
financial
statements
4
shall
include
a
comparison
of
the
dollars
and
percentage
5
spent
of
budgeted
versus
actual
revenues
and
expenditures
on
6
a
cumulative
basis
for
full-time
equivalent
positions
and
7
dollars.
8
4.
The
judicial
branch
shall
focus
efforts
upon
the
9
collection
of
delinquent
fines,
penalties,
court
costs,
fees,
10
surcharges,
or
similar
amounts.
11
5.
It
is
the
intent
of
the
general
assembly
that
the
offices
12
of
the
clerks
of
the
district
court
operate
in
all
99
counties
13
and
be
accessible
to
the
public
as
much
as
is
reasonably
14
possible
in
order
to
address
the
relative
needs
of
the
citizens
15
of
each
county.
16
6.
In
addition
to
the
requirements
for
transfers
under
17
section
8.39,
the
judicial
branch
shall
not
change
the
18
appropriations
from
the
amounts
appropriated
to
the
judicial
19
branch
in
this
division
of
this
Act,
unless
notice
of
the
20
revisions
is
given
prior
to
their
effective
date
to
the
21
legislative
services
agency.
The
notice
shall
include
22
information
on
the
branch’s
rationale
for
making
the
changes
23
and
details
concerning
the
workload
and
performance
measures
24
upon
which
the
changes
are
based.
25
7.
The
judicial
branch
shall
submit
a
semiannual
update
26
to
the
legislative
services
agency
specifying
the
amounts
of
27
fines,
surcharges,
and
court
costs
collected
using
the
Iowa
28
court
information
system
since
the
last
report.
The
judicial
29
branch
shall
continue
to
facilitate
the
sharing
of
vital
30
sentencing
and
other
information
with
other
state
departments
31
and
governmental
agencies
involved
in
the
criminal
justice
32
system
through
the
Iowa
court
information
system.
33
8.
The
judicial
branch
shall
provide
a
report
to
the
general
34
assembly
by
January
1,
2012,
concerning
the
amounts
received
35
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537
and
expended
from
the
enhanced
court
collections
fund
created
1
in
section
602.1304
and
the
court
technology
and
modernization
2
fund
created
in
section
602.8108,
subsection
7,
during
the
3
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
4
and
the
plans
for
expenditures
from
each
fund
during
the
fiscal
5
year
beginning
July
1,
2011,
and
ending
June
30,
2012.
A
copy
6
of
the
report
shall
be
provided
to
the
legislative
services
7
agency.
8
9.
The
judicial
branch
is
encouraged
to
purchase
products
9
from
Iowa
state
industries,
as
defined
in
section
904.802,
when
10
purchases
are
required
and
the
products
are
available
from
Iowa
11
state
industries.
The
judicial
branch
shall
obtain
bids
from
12
Iowa
state
industries
for
purchases
of
office
furniture
during
13
the
fiscal
year
beginning
July
1,
2011,
exceeding
$5,000.
14
Sec.
2.
CIVIL
TRIALS
——
LOCATION.
Notwithstanding
any
15
provision
to
the
contrary,
for
the
fiscal
year
beginning
July
16
1,
2011,
and
ending
June
30,
2012,
if
all
parties
in
a
case
17
agree,
a
civil
trial
including
a
jury
trial
may
take
place
in
a
18
county
contiguous
to
the
county
with
proper
jurisdiction,
even
19
if
the
contiguous
county
is
located
in
an
adjacent
judicial
20
district
or
judicial
election
district.
If
the
trial
is
moved
21
pursuant
to
this
section,
court
personnel
shall
treat
the
case
22
as
if
a
change
of
venue
occurred.
However,
if
a
trial
is
moved
23
to
an
adjacent
judicial
district
or
judicial
election
district,
24
the
judicial
officers
serving
in
the
judicial
district
or
25
judicial
election
district
receiving
the
case
shall
preside
26
over
the
case.
27
Sec.
3.
TRAVEL
REIMBURSEMENT.
Notwithstanding
section
28
602.1509,
for
the
fiscal
year
beginning
July
1,
2011,
a
29
judicial
officer
may
waive
travel
reimbursement
for
any
travel
30
outside
the
judicial
officer’s
county
of
residence
to
conduct
31
official
judicial
business.
32
Sec.
4.
POSTING
OF
REPORTS
IN
ELECTRONIC
FORMAT
——
33
LEGISLATIVE
SERVICES
AGENCY.
All
reports
or
copies
of
reports
34
required
to
be
provided
by
the
judicial
branch
for
fiscal
year
35
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2011-2012
to
the
legislative
services
agency
shall
be
provided
1
in
an
electronic
format.
The
legislative
services
agency
shall
2
post
the
reports
on
its
internet
website
and
shall
notify
by
3
electronic
means
all
the
members
of
the
joint
appropriations
4
subcommittee
on
the
justice
system
when
a
report
is
posted.
5
Upon
request,
copies
of
the
reports
may
be
mailed
to
members
of
6
the
joint
appropriations
subcommittee
on
the
justice
system.
7
Sec.
5.
JUDICIAL
OFFICER
——
UNPAID
LEAVE.
Notwithstanding
8
the
annual
salary
rates
for
judicial
officers
established
by
9
2008
Iowa
Acts,
chapter
1191,
section
11,
for
the
fiscal
year
10
beginning
July
1,
2011,
and
ending
June
30,
2012,
the
supreme
11
court
may
by
order
place
all
judicial
officers
on
unpaid
leave
12
status
on
any
day
employees
of
the
judicial
branch
are
placed
13
on
temporary
layoff
status.
The
biweekly
pay
of
the
judicial
14
officers
shall
be
reduced
accordingly
for
the
pay
period
in
15
which
the
unpaid
leave
date
occurred
in
the
same
manner
as
16
for
noncontract
employees
of
the
judicial
branch.
Through
17
the
course
of
the
fiscal
year,
the
judicial
branch
may
use
an
18
amount
equal
to
the
aggregate
amount
of
salary
reductions
due
19
to
the
judicial
officer
unpaid
leave
days
for
any
purpose
other
20
than
for
judicial
salaries.
21
Sec.
6.
IOWA
COMMUNICATIONS
NETWORK.
It
is
the
intent
22
of
the
general
assembly
that
the
judicial
branch
utilize
23
the
Iowa
communications
network
or
other
secure
electronic
24
communications
in
lieu
of
traveling
for
the
fiscal
year
25
beginning
July
1,
2011.
26
Sec.
7.
EFFECTIVE
DATE
AND
RETROACTIVE
APPLICABILITY.
This
27
division
of
this
Act,
if
approved
by
the
governor
on
or
28
after
July
1,
2011,
takes
effect
upon
enactment
and
applies
29
retroactively
to
July
1,
2011.
30
DIVISION
II
31
FY
2012-2013
32
Sec.
8.
JUDICIAL
BRANCH.
33
1.
There
is
appropriated
from
the
general
fund
of
the
state
34
to
the
judicial
branch
for
the
fiscal
year
beginning
July
1,
35
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537
2012,
and
ending
June
30,
2013,
the
following
amount,
or
so
1
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
2
designated:
3
a.
For
salaries
of
supreme
court
justices,
appellate
court
4
judges,
district
court
judges,
district
associate
judges,
5
judicial
magistrates
and
staff,
state
court
administrator,
6
clerk
of
the
supreme
court,
district
court
administrators,
7
clerks
of
the
district
court,
juvenile
court
officers,
board
of
8
law
examiners
and
board
of
examiners
of
shorthand
reporters
and
9
judicial
qualifications
commission;
receipt
and
disbursement
10
of
child
support
payments;
reimbursement
of
the
auditor
11
of
state
for
expenses
incurred
in
completing
audits
of
the
12
offices
of
the
clerks
of
the
district
court
during
the
fiscal
13
year
beginning
July
1,
2012;
and
maintenance,
equipment,
and
14
miscellaneous
purposes:
15
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
77,055,911
16
b.
For
deposit
in
the
revolving
fund
created
pursuant
17
to
section
602.1302,
subsection
3,
for
jury
and
witness
18
fees,
mileage,
costs
related
to
summoning
jurors,
fees
for
19
interpreters,
and
reimbursement
of
attorney
fees
paid
by
the
20
state
public
defender:
21
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,150,000
22
2.
The
judicial
branch,
except
for
purposes
of
internal
23
processing,
shall
use
the
current
state
budget
system,
the
24
state
payroll
system,
and
the
Iowa
finance
and
accounting
25
system
in
administration
of
programs
and
payments
for
services,
26
and
shall
not
duplicate
the
state
payroll,
accounting,
and
27
budgeting
systems.
28
3.
The
judicial
branch
shall
submit
monthly
financial
29
statements
to
the
legislative
services
agency
and
the
30
department
of
management
containing
all
appropriated
accounts
31
in
the
same
manner
as
provided
in
the
monthly
financial
status
32
reports
and
personal
services
usage
reports
of
the
department
33
of
administrative
services.
The
monthly
financial
statements
34
shall
include
a
comparison
of
the
dollars
and
percentage
35
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537
spent
of
budgeted
versus
actual
revenues
and
expenditures
on
1
a
cumulative
basis
for
full-time
equivalent
positions
and
2
dollars.
3
4.
The
judicial
branch
shall
focus
efforts
upon
the
4
collection
of
delinquent
fines,
penalties,
court
costs,
fees,
5
surcharges,
or
similar
amounts.
6
5.
It
is
the
intent
of
the
general
assembly
that
the
offices
7
of
the
clerks
of
the
district
court
operate
in
all
99
counties
8
and
be
accessible
to
the
public
as
much
as
is
reasonably
9
possible
in
order
to
address
the
relative
needs
of
the
citizens
10
of
each
county.
11
6.
In
addition
to
the
requirements
for
transfers
under
12
section
8.39,
the
judicial
branch
shall
not
change
the
13
appropriations
from
the
amounts
appropriated
to
the
judicial
14
branch
in
this
division
of
this
Act,
unless
notice
of
the
15
revisions
is
given
prior
to
their
effective
date
to
the
16
legislative
services
agency.
The
notice
shall
include
17
information
on
the
branch’s
rationale
for
making
the
changes
18
and
details
concerning
the
workload
and
performance
measures
19
upon
which
the
changes
are
based.
20
7.
The
judicial
branch
shall
submit
a
semiannual
update
21
to
the
legislative
services
agency
specifying
the
amounts
of
22
fines,
surcharges,
and
court
costs
collected
using
the
Iowa
23
court
information
system
since
the
last
report.
The
judicial
24
branch
shall
continue
to
facilitate
the
sharing
of
vital
25
sentencing
and
other
information
with
other
state
departments
26
and
governmental
agencies
involved
in
the
criminal
justice
27
system
through
the
Iowa
court
information
system.
28
8.
The
judicial
branch
shall
provide
a
report
to
the
general
29
assembly
by
January
1,
2013,
concerning
the
amounts
received
30
and
expended
from
the
enhanced
court
collections
fund
created
31
in
section
602.1304
and
the
court
technology
and
modernization
32
fund
created
in
section
602.8108,
subsection
7,
during
the
33
fiscal
year
beginning
July
1,
2011,
and
ending
June
30,
2012,
34
and
the
plans
for
expenditures
from
each
fund
during
the
fiscal
35
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9
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537
year
beginning
July
1,
2012,
and
ending
June
30,
2013.
A
copy
1
of
the
report
shall
be
provided
to
the
legislative
services
2
agency.
3
9.
The
judicial
branch
is
encouraged
to
purchase
products
4
from
Iowa
state
industries,
as
defined
in
section
904.802,
when
5
purchases
are
required
and
the
products
are
available
from
Iowa
6
state
industries.
The
judicial
branch
shall
obtain
bids
from
7
Iowa
state
industries
for
purchases
of
office
furniture
during
8
the
fiscal
year
beginning
July
1,
2012,
exceeding
$5,000.
9
Sec.
9.
CIVIL
TRIALS
——
LOCATION.
10
Notwithstanding
any
provision
to
the
contrary,
for
the
fiscal
11
year
beginning
July
1,
2012,
and
ending
June
30,
2013,
if
12
all
parties
in
a
case
agree,
a
civil
trial
including
a
jury
13
trial
may
take
place
in
a
county
contiguous
to
the
county
14
with
proper
jurisdiction,
even
if
the
contiguous
county
is
15
located
in
an
adjacent
judicial
district
or
judicial
election
16
district.
If
the
trial
is
moved
pursuant
to
this
section,
17
court
personnel
shall
treat
the
case
as
if
a
change
of
venue
18
occurred.
However,
if
a
trial
is
moved
to
an
adjacent
judicial
19
district
or
judicial
election
district,
the
judicial
officers
20
serving
in
the
judicial
district
or
judicial
election
district
21
receiving
the
case
shall
preside
over
the
case.
22
Sec.
10.
TRAVEL
REIMBURSEMENT.
Notwithstanding
section
23
602.1509,
for
the
fiscal
year
beginning
July
1,
2012,
a
24
judicial
officer
may
waive
travel
reimbursement
for
any
travel
25
outside
the
judicial
officer’s
county
of
residence
to
conduct
26
official
judicial
business.
27
Sec.
11.
POSTING
OF
REPORTS
IN
ELECTRONIC
FORMAT
——
28
LEGISLATIVE
SERVICES
AGENCY.
All
reports
or
copies
of
reports
29
required
to
be
provided
by
the
judicial
branch
for
fiscal
year
30
2012-2013
to
the
legislative
services
agency
shall
be
provided
31
in
an
electronic
format.
The
legislative
services
agency
shall
32
post
the
reports
on
its
internet
website
and
shall
notify
by
33
electronic
means
all
the
members
of
the
joint
appropriations
34
subcommittee
on
the
justice
system
when
a
report
is
posted.
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537
Upon
request,
copies
of
the
reports
may
be
mailed
to
members
of
1
the
joint
appropriations
subcommittee
on
the
justice
system.
2
Sec.
12.
JUDICIAL
OFFICER
——
UNPAID
LEAVE.
Notwithstanding
3
the
annual
salary
rates
for
judicial
officers
established
by
4
2008
Iowa
Acts,
chapter
1191,
section
11,
for
the
fiscal
year
5
beginning
July
1,
2012,
and
ending
June
30,
2013,
the
supreme
6
court
may
by
order
place
all
judicial
officers
on
unpaid
leave
7
status
on
any
day
employees
of
the
judicial
branch
are
placed
8
on
temporary
layoff
status.
The
biweekly
pay
of
the
judicial
9
officers
shall
be
reduced
accordingly
for
the
pay
period
in
10
which
the
unpaid
leave
date
occurred
in
the
same
manner
as
11
for
noncontract
employees
of
the
judicial
branch.
Through
12
the
course
of
the
fiscal
year,
the
judicial
branch
may
use
an
13
amount
equal
to
the
aggregate
amount
of
salary
reductions
due
14
to
the
judicial
officer
unpaid
leave
days
for
any
purpose
other
15
than
for
judicial
salaries.
16
Sec.
13.
IOWA
COMMUNICATIONS
NETWORK.
It
is
the
intent
17
of
the
general
assembly
that
the
judicial
branch
utilize
18
the
Iowa
communications
network
or
other
secure
electronic
19
communications
in
lieu
of
traveling
for
the
fiscal
year
20
beginning
July
1,
2012.
21
EXPLANATION
22
This
bill
appropriates
from
the
general
fund
of
the
state
23
for
FY
2011-2012
and
FY
2012-2013
to
the
judicial
branch
for
24
salaries,
maintenance,
equipment,
and
miscellaneous
purposes.
25
The
appropriations
for
FY
2011-2012
if
approved
by
the
26
governor
on
or
after
July
1,
2011,
take
effect
upon
enactment
27
and
apply
retroactively
to
July
1,
2011.
28
The
bill
appropriates
$2.3
million
from
the
general
fund
of
29
the
state
for
FY
2011-2012
to
the
revolving
fund
created
in
30
Code
section
602.1302
for
jury
and
witness
fees,
mileage,
costs
31
related
to
summoning
jurors,
fees
for
interpreters,
and
certain
32
attorney
fee
reimbursement.
The
bill
appropriates
$1.15
33
million
from
the
general
fund
of
the
state
to
the
revolving
34
fund
for
FY
2012-2013.
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The
bill
provides
it
is
the
intent
of
the
general
assembly
1
that
the
offices
of
the
clerks
of
the
district
court
operate
2
in
all
99
counties
and
be
accessible
to
the
public
as
much
as
3
is
reasonably
possible.
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