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 TLSB 2821SV (1) 84 jm/jp
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 -1- LSB 2821SV (1) 84 jm/jp 1/ 9
S.F. 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 -2- LSB 2821SV (1) 84 jm/jp 2/ 9
S.F. 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 -3- LSB 2821SV (1) 84 jm/jp 3/ 9
S.F. 537 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 -4- LSB 2821SV (1) 84 jm/jp 4/ 9
S.F. 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 -5- LSB 2821SV (1) 84 jm/jp 5/ 9
S.F. 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 -6- LSB 2821SV (1) 84 jm/jp 6/ 9
S.F. 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. 35 -7- LSB 2821SV (1) 84 jm/jp 7/ 9
S.F. 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. 35 -8- LSB 2821SV (1) 84 jm/jp 8/ 9
S.F. 537 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. 4 -9- LSB 2821SV (1) 84 jm/jp 9/ 9