Senate Study Bill 1194 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR’S BUDGET BILL) A BILL FOR An Act relating to and making appropriations to the judicial 1 branch. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1015XG (5) 84 jm/tm
S.F. _____ H.F. _____ Section 1. JUDICIAL BRANCH. 1 1. There is appropriated from the general fund of the state 2 to the judicial branch for the following fiscal years the 3 following amounts, or so much thereof as is necessary, to be 4 used for the purposes designated: 5 a. For salaries of supreme court justices, appellate court 6 judges, district court judges, district associate judges, 7 judicial magistrates and staff, state court administrator, 8 clerk of the supreme court, district court administrators, 9 clerks of the district court, juvenile court officers, board of 10 law examiners and board of examiners of shorthand reporters and 11 judicial qualifications commission; receipt and disbursement 12 of child support payments; reimbursement of the auditor of 13 state for expenses incurred in completing audits of the offices 14 of the clerks of the district court during the fiscal years 15 beginning July 1, 2011, and July 1, 2012; and maintenance, 16 equipment, and miscellaneous purposes: 17 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $157,700,609 18 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $157,700,609 19 b. For deposit in the revolving fund created pursuant 20 to section 602.1302, subsection 3, for jury and witness 21 fees, mileage, costs related to summoning jurors, fees for 22 interpreters, and reimbursement of attorney fees paid by the 23 state public defender: 24 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,700,000 25 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,700,000 26 2. The judicial branch, except for purposes of internal 27 processing, shall use the current state budget system, the 28 state payroll system, and the Iowa finance and accounting 29 system in administration of programs and payments for services, 30 and shall not duplicate the state payroll, accounting, and 31 budgeting systems. 32 3. The judicial branch shall submit monthly financial 33 statements to the legislative services agency and the 34 department of management containing all appropriated accounts 35 -1- LSB 1015XG (5) 84 jm/tm 1/ 5
S.F. _____ H.F. _____ in the same manner as provided in the monthly financial status 1 reports and personal services usage reports of the department 2 of administrative services. The monthly financial statements 3 shall include a comparison of the dollars and percentage 4 spent of budgeted versus actual revenues and expenditures on 5 a cumulative basis for full-time equivalent positions and 6 dollars. 7 4. The judicial branch shall focus efforts upon the 8 collection of delinquent fines, penalties, court costs, fees, 9 surcharges, or similar amounts. 10 5. The judicial branch shall submit a semiannual update 11 to the legislative services agency specifying the amounts of 12 fines, surcharges, and court costs collected using the Iowa 13 court information system since the last report. The judicial 14 branch shall continue to facilitate the sharing of vital 15 sentencing and other information with other state departments 16 and governmental agencies involved in the criminal justice 17 system through the Iowa court information system. 18 6. a. The judicial branch shall provide a report to the 19 general assembly by January 1, 2012, concerning the amounts 20 received and expended from the enhanced court collections 21 fund created in section 602.1304 and the court technology and 22 modernization fund created in section 602.8108, subsection 23 7, during the fiscal year beginning July 1, 2010, and ending 24 June 30, 2011, and the plans for expenditures from each fund 25 during the fiscal year beginning July 1, 2011, and ending 26 June 30, 2012. A copy of the report shall be provided to the 27 legislative services agency. 28 b. 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 -2- LSB 1015XG (5) 84 jm/tm 2/ 5
S.F. _____ H.F. _____ 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 7. 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 years beginning July 1, 2011, and July 1, 2012, 9 exceeding $5,000. 10 Sec. 2. CIVIL TRIALS —— LOCATION. Notwithstanding any 11 provision to the contrary, for the fiscal years beginning July 12 1, 2011, and July 1, 2012, if all parties in a case agree, a 13 civil trial including a jury trial may take place in a county 14 contiguous to the county with proper jurisdiction, even if the 15 contiguous county is located in an adjacent judicial district 16 or judicial election district. If the trial is moved pursuant 17 to this section, court personnel shall treat the case as if a 18 change of venue occurred. However, if a trial is moved to an 19 adjacent judicial district or judicial election district, the 20 judicial officers serving in the judicial district or judicial 21 election district receiving the case shall preside over the 22 case. 23 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section 24 602.1509, for the fiscal years beginning July 1, 2011, and July 25 1, 2012, a judicial officer may waive travel reimbursement for 26 any travel outside the judicial officer’s county of residence 27 to conduct official judicial business. 28 Sec. 4. POSTING OF REPORTS IN ELECTRONIC FORMAT —— 29 LEGISLATIVE SERVICES AGENCY. All reports or copies of reports 30 required to be provided by the judicial branch for fiscal years 31 beginning July 1, 2011, and July 1, 2012, to the legislative 32 services agency shall be provided in an electronic format. 33 The legislative services agency shall post the reports on its 34 internet website and shall notify by electronic means all the 35 -3- LSB 1015XG (5) 84 jm/tm 3/ 5
S.F. _____ H.F. _____ members of the joint appropriations subcommittee on the justice 1 system when a report is posted. Upon request, copies of the 2 reports may be mailed to members of the joint appropriations 3 subcommittee on the justice system. 4 Sec. 5. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 5 the annual salary rates for judicial officers established 6 by 2008 Iowa Acts, chapter 1191, section 11, for the fiscal 7 years beginning July 1, 2011, and July 1, 2012, the supreme 8 court may by order place all judicial officers on unpaid leave 9 status on any day employees of the judicial branch are placed 10 on temporary layoff status. The biweekly pay of the judicial 11 officers shall be reduced accordingly for the pay period in 12 which the unpaid leave date occurred in the same manner as for 13 noncontract employees of the judicial branch. Through the 14 course of the two fiscal years, the judicial branch may use an 15 amount equal to the aggregate amount of salary reductions due 16 to the judicial officer unpaid leave days for any purpose other 17 than for judicial salaries. 18 Sec. 6. IOWA COMMUNICATIONS NETWORK. It is the intent 19 of the general assembly that the judicial branch utilize 20 the Iowa communications network or other secure electronic 21 communications in lieu of traveling for the fiscal years 22 beginning July 1, 2011, and July 1, 2012. 23 EXPLANATION 24 This bill appropriates from the general fund of the state 25 for FY 2011-2012 and FY 2012-2013 to the judicial branch for 26 salaries, maintenance, equipment, and miscellaneous purposes. 27 The bill appropriates $3.7 million from the general fund of 28 the state for FY 2011-2012 to the revolving fund created in 29 Code section 602.1302 for jury and witness fees, mileage, costs 30 related to summoning jurors, fees for interpreters, and certain 31 attorney fee reimbursement. The bill also appropriates $3.7 32 million from the general fund of the state to the revolving 33 fund for FY 2012-2013. 34 The bill provides for the two fiscal years that a civil trial 35 -4- LSB 1015XG (5) 84 jm/tm 4/ 5
S.F. _____ H.F. _____ including a jury trial may take place in a county contiguous 1 to the county with proper jurisdiction, even if the contiguous 2 county is located in an adjacent judicial district or judicial 3 election district, if all the parties in a case agree. If a 4 trial is moved to another county that is located in another 5 judicial district or judicial election district, the judicial 6 officers serving the judicial district or judicial election 7 district receiving the case shall preside over the case. 8 The bill permits a judicial officer to waive travel 9 reimbursement for any travel outside the judicial officer’s 10 county of residence to conduct official business. 11 The bill allows a judicial officer to be placed on unpaid 12 leave, by order of the supreme court, for the fiscal years 13 beginning July 1, 2011, and July 1, 2012, on any day a court 14 employee is placed on temporary layoff status. The bill 15 provides that if a judicial officer is placed on unpaid leave, 16 the salary of the judicial officer shall be reduced accordingly 17 for the pay period in which the unpaid leave occurred. Through 18 the course of the two fiscal years, the bill provides that the 19 judicial branch may use an amount equal to the aggregate amount 20 of the salary reductions due to judicial officer unpaid leave 21 for any purpose other than judicial salaries. 22 The bill provides legislative intent that the judicial 23 branch utilize the Iowa communications network or other secure 24 electronic communications in lieu of traveling. 25 -5- LSB 1015XG (5) 84 jm/tm 5/ 5