House Study Bill 676 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY HOUSE APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM) (SUCCESSOR TO LSB 5008HA) A BILL FOR An Act relating to appropriations to the judicial branch. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5008HB (2) 85 jm/jp
H.F. _____ Section 1. 2013 Iowa Acts, chapter 133, section 7, is 1 amended to read as follows: 2 SEC. 7. 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 2014, and ending June 30, 2015, 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 associate juvenile judges, associate probate judges, judicial 11 magistrates and staff, state court administrator, clerk of the 12 supreme court, district court administrators, clerks of the 13 district court, juvenile court officers, board of law examiners 14 and board of examiners of shorthand reporters and judicial 15 qualifications commission; receipt and disbursement of child 16 support payments; reimbursement of the auditor of state for 17 expenses incurred in completing audits of the offices of the 18 clerks of the district court during the fiscal year beginning 19 July 1, 2014; and maintenance, equipment, and miscellaneous 20 purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 82,299,684 22 171,486,612 23 b. For deposit in the revolving fund created pursuant 24 to section 602.1302, subsection 3 , for jury and witness 25 fees, mileage, costs related to summoning jurors, fees for 26 interpreters, and reimbursement of attorney fees paid by the 27 state public defender: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,550,000 29 3,100,000 30 2. The judicial branch, except for purposes of internal 31 processing, shall use the current state budget system, the 32 state payroll system, and the Iowa finance and accounting 33 system in administration of programs and payments for services, 34 and shall not duplicate the state payroll, accounting, and 35 -1- LSB 5008HB (2) 85 jm/jp 1/ 5
H.F. _____ budgeting systems. 1 3. The judicial branch shall submit monthly financial 2 statements to the legislative services agency and the 3 department of management containing all appropriated accounts 4 in the same manner as provided in the monthly financial status 5 reports and personal services usage reports of the department 6 of administrative services. The monthly financial statements 7 shall include a comparison of the dollars and percentage 8 spent of budgeted versus actual revenues and expenditures on 9 a cumulative basis for full-time equivalent positions and 10 dollars. 11 4. The judicial branch shall focus efforts upon the 12 collection of delinquent fines, penalties, court costs, fees, 13 surcharges, or similar amounts. 14 5. It is the intent of the general assembly that the offices 15 of the clerks of the district court operate in all 99 counties 16 and be accessible to the public as much as is reasonably 17 possible in order to address the relative needs of the citizens 18 of each county. 19 6. In addition to the requirements for transfers under 20 section 8.39 , the judicial branch shall not change the 21 appropriations from the amounts appropriated to the judicial 22 branch in this division of this Act, unless notice of the 23 revisions is given prior to their effective date to the 24 legislative services agency. The notice shall include 25 information on the branch’s rationale for making the changes 26 and details concerning the workload and performance measures 27 upon which the changes are based. 28 7. The judicial branch shall submit a semiannual update 29 to the legislative services agency specifying the amounts of 30 fines, surcharges, and court costs collected using the Iowa 31 court information system since the last report. The judicial 32 branch shall continue to facilitate the sharing of vital 33 sentencing and other information with other state departments 34 and governmental agencies involved in the criminal justice 35 -2- LSB 5008HB (2) 85 jm/jp 2/ 5
H.F. _____ system through the Iowa court information system. 1 8. The judicial branch shall provide a report to the general 2 assembly by January 1, 2015, concerning the amounts received 3 and expended from the enhanced court collections fund created 4 in section 602.1304 and the court technology and modernization 5 fund created in section 602.8108, subsection 7 , during the 6 fiscal year beginning July 1, 2013, and ending June 30, 2014, 7 and the plans for expenditures from each fund during the fiscal 8 year beginning July 1, 2014, and ending June 30, 2015. A copy 9 of the report shall be provided to the legislative services 10 agency. 11 Sec. 2. 2013 Iowa Acts, chapter 133, section 8, is amended 12 to read as follows: 13 SEC. 8. CIVIL TRIALS —— LOCATION. Notwithstanding any 14 provision to the contrary, for the fiscal year beginning July 15 1, 2014, and ending June 30, 2015, if all parties in a case 16 agree, a civil trial including a jury trial may take place in a 17 county contiguous to the county with proper jurisdiction, even 18 if the contiguous county is located in an adjacent judicial 19 district or judicial election district. If the trial is moved 20 pursuant to this section, court personnel shall treat the case 21 as if a change of venue occurred. However, if a trial is moved 22 to an adjacent judicial district or judicial election district, 23 the judicial officers serving in the judicial district or 24 judicial election district receiving the case shall preside 25 over the case. 26 Sec. 3. 2013 Iowa Acts, chapter 133, section 9, is amended 27 to read as follows: 28 SEC. 9. TRAVEL REIMBURSEMENT. Notwithstanding section 29 602.1509 , for the fiscal year beginning July 1, 2014, a 30 judicial officer may waive travel reimbursement for any travel 31 outside the judicial officer’s county of residence to conduct 32 official judicial business. 33 Sec. 4. 2013 Iowa Acts, chapter 133, section 10, is amended 34 to read as follows: 35 -3- LSB 5008HB (2) 85 jm/jp 3/ 5
H.F. _____ SEC. 10. POSTING OF REPORTS IN ELECTRONIC FORMAT —— 1 LEGISLATIVE SERVICES AGENCY. All reports or copies of reports 2 required to be provided by the judicial branch for fiscal year 3 2014-2015 to the legislative services agency shall be provided 4 in an electronic format. The legislative services agency shall 5 post the reports on its internet website and shall notify by 6 electronic means all the members of the joint appropriations 7 subcommittee on the justice system when a report is posted. 8 Upon request, copies of the reports may be mailed to members of 9 the joint appropriations subcommittee on the justice system. 10 Sec. 5. 2013 Iowa Acts, chapter 133, section 11, is amended 11 to read as follows: 12 SEC. 11. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 13 the annual salary rates for judicial officers established by 14 2008 Iowa Acts, chapter 1191, section 11, for the fiscal year 15 beginning July 1, 2014, and ending June 30, 2015, the supreme 16 court may by order place all judicial officers on unpaid leave 17 status on any day employees of the judicial branch are placed 18 on temporary layoff status. The biweekly pay of the judicial 19 officers shall be reduced accordingly for the pay period in 20 which the unpaid leave date occurred in the same manner as 21 for noncontract employees of the judicial branch. Through 22 the course of the fiscal year, the judicial branch may use an 23 amount equal to the aggregate amount of salary reductions due 24 to the judicial officer unpaid leave days for any purpose other 25 than for judicial salaries. 26 Sec. 6. 2013 Iowa Acts, chapter 133, section 12, is amended 27 to read as follows: 28 SEC. 12. IOWA COMMUNICATIONS NETWORK. It is the intent 29 of the general assembly that the judicial branch utilize 30 the Iowa communications network or other secure electronic 31 communications in lieu of traveling for the fiscal year 32 beginning July 1, 2014. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -4- LSB 5008HB (2) 85 jm/jp 4/ 5
H.F. _____ the explanation’s substance by the members of the general assembly. 1 This bill makes appropriations to the judicial branch. 2 The bill appropriates from the general fund of the state for 3 FY 2014-2015 to the judicial branch for salaries, maintenance, 4 equipment, and miscellaneous purposes. 5 The bill provides that a civil trial including a jury trial 6 may take place in a county contiguous to the county with proper 7 jurisdiction, even if the contiguous county is located in an 8 adjacent judicial district or judicial election district, if 9 all the parties in a case agree. If a trial is moved to another 10 county that is located in another judicial district or judicial 11 election district, the judicial officers serving the judicial 12 district or judicial election district receiving the case shall 13 preside over the case. 14 The bill permits a judicial officer to waive travel 15 reimbursement for any travel outside the judicial officer’s 16 county of residence to conduct official business. 17 The bill requires the judicial branch to file reports with 18 the legislative services agency in an electronic format. 19 The bill allows a judicial officer to be placed on unpaid 20 leave for the fiscal year beginning July 1, 2014, and ending 21 June 30, 2015, on any day a court employee is required to 22 furlough. The bill provides that if a judicial officer is 23 placed on unpaid leave, the salary of the judicial officer 24 shall be reduced accordingly for the pay period in which the 25 unpaid leave occurred. Through the course of the fiscal year, 26 the bill provides that the judicial branch may use an amount 27 equal to the aggregate amount of the salary reductions due 28 to judicial officer unpaid leave for any purpose other than 29 judicial salaries. 30 -5- LSB 5008HB (2) 85 jm/jp 5/ 5