Senate
Study
Bill
1248
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
APPROPRIATIONS
BILL
BY
SENATE
APPROPRIATIONS
SUBCOMMITTEE
ON
JUSTICE
SYSTEM)
(SUCCESSOR
TO
LSB
1006SA)
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
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Section
1.
JUDICIAL
BRANCH.
1
1.
There
is
appropriated
from
the
general
fund
of
the
state
2
to
the
judicial
branch
for
the
fiscal
year
beginning
July
1,
3
2013,
and
ending
June
30,
2014,
the
following
amount,
or
so
4
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
5
designated:
6
a.
For
salaries
of
supreme
court
justices,
appellate
court
7
judges,
district
court
judges,
district
associate
judges,
8
judicial
magistrates
and
staff,
state
court
administrator,
9
clerk
of
the
supreme
court,
district
court
administrators,
10
clerks
of
the
district
court,
juvenile
court
officers,
board
of
11
law
examiners
and
board
of
examiners
of
shorthand
reporters
and
12
judicial
qualifications
commission;
receipt
and
disbursement
13
of
child
support
payments;
reimbursement
of
the
auditor
14
of
state
for
expenses
incurred
in
completing
audits
of
the
15
offices
of
the
clerks
of
the
district
court
during
the
fiscal
16
year
beginning
July
1,
2013;
and
maintenance,
equipment,
and
17
miscellaneous
purposes:
18
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$164,599,367
19
b.
For
deposit
in
the
revolving
fund
created
pursuant
20
to
section
602.1302,
subsection
3
,
for
jury
and
witness
21
fees,
mileage,
costs
related
to
summoning
jurors,
fees
for
22
interpreters,
and
reimbursement
of
attorney
fees
paid
by
the
23
state
public
defender:
24
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$
3,100,000
25
2.
The
judicial
branch,
except
for
purposes
of
internal
26
processing,
shall
use
the
current
state
budget
system,
the
27
state
payroll
system,
and
the
Iowa
finance
and
accounting
28
system
in
administration
of
programs
and
payments
for
services,
29
and
shall
not
duplicate
the
state
payroll,
accounting,
and
30
budgeting
systems.
31
3.
The
judicial
branch
shall
submit
monthly
financial
32
statements
to
the
legislative
services
agency
and
the
33
department
of
management
containing
all
appropriated
accounts
34
in
the
same
manner
as
provided
in
the
monthly
financial
status
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reports
and
personal
services
usage
reports
of
the
department
1
of
administrative
services.
The
monthly
financial
statements
2
shall
include
a
comparison
of
the
dollars
and
percentage
3
spent
of
budgeted
versus
actual
revenues
and
expenditures
on
4
a
cumulative
basis
for
full-time
equivalent
positions
and
5
dollars.
6
4.
The
judicial
branch
shall
focus
efforts
upon
the
7
collection
of
delinquent
fines,
penalties,
court
costs,
fees,
8
surcharges,
or
similar
amounts.
9
5.
It
is
the
intent
of
the
general
assembly
that
the
offices
10
of
the
clerks
of
the
district
court
operate
in
all
99
counties
11
and
be
accessible
to
the
public
as
much
as
is
reasonably
12
possible
in
order
to
address
the
relative
needs
of
the
citizens
13
of
each
county.
14
6.
In
addition
to
the
requirements
for
transfers
under
15
section
8.39
,
the
judicial
branch
shall
not
change
the
16
appropriations
from
the
amounts
appropriated
to
the
judicial
17
branch
in
this
division
of
this
Act,
unless
notice
of
the
18
revisions
is
given
prior
to
their
effective
date
to
the
19
legislative
services
agency.
The
notice
shall
include
20
information
on
the
branch’s
rationale
for
making
the
changes
21
and
details
concerning
the
workload
and
performance
measures
22
upon
which
the
changes
are
based.
23
7.
The
judicial
branch
shall
submit
a
semiannual
update
24
to
the
legislative
services
agency
specifying
the
amounts
of
25
fines,
surcharges,
and
court
costs
collected
using
the
Iowa
26
court
information
system
since
the
last
report.
The
judicial
27
branch
shall
continue
to
facilitate
the
sharing
of
vital
28
sentencing
and
other
information
with
other
state
departments
29
and
governmental
agencies
involved
in
the
criminal
justice
30
system
through
the
Iowa
court
information
system.
31
8.
The
judicial
branch
shall
provide
a
report
to
the
general
32
assembly
by
January
1,
2014,
concerning
the
amounts
received
33
and
expended
from
the
enhanced
court
collections
fund
created
34
in
section
602.1304
and
the
court
technology
and
modernization
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fund
created
in
section
602.8108,
subsection
7
,
during
the
1
fiscal
year
beginning
July
1,
2012,
and
ending
June
30,
2013,
2
and
the
plans
for
expenditures
from
each
fund
during
the
fiscal
3
year
beginning
July
1,
2013,
and
ending
June
30,
2014.
A
copy
4
of
the
report
shall
be
provided
to
the
legislative
services
5
agency.
6
Sec.
2.
CIVIL
TRIALS
——
LOCATION.
Notwithstanding
any
7
provision
to
the
contrary,
for
the
fiscal
year
beginning
July
8
1,
2013,
and
ending
June
30,
2014,
if
all
parties
in
a
case
9
agree,
a
civil
trial
including
a
jury
trial
may
take
place
in
a
10
county
contiguous
to
the
county
with
proper
jurisdiction,
even
11
if
the
contiguous
county
is
located
in
an
adjacent
judicial
12
district
or
judicial
election
district.
If
the
trial
is
moved
13
pursuant
to
this
section,
court
personnel
shall
treat
the
case
14
as
if
a
change
of
venue
occurred.
However,
if
a
trial
is
moved
15
to
an
adjacent
judicial
district
or
judicial
election
district,
16
the
judicial
officers
serving
in
the
judicial
district
or
17
judicial
election
district
receiving
the
case
shall
preside
18
over
the
case.
19
Sec.
3.
TRAVEL
REIMBURSEMENT.
Notwithstanding
section
20
602.1509
,
for
the
fiscal
year
beginning
July
1,
2013,
a
21
judicial
officer
may
waive
travel
reimbursement
for
any
travel
22
outside
the
judicial
officer’s
county
of
residence
to
conduct
23
official
judicial
business.
24
Sec.
4.
POSTING
OF
REPORTS
IN
ELECTRONIC
FORMAT
——
25
LEGISLATIVE
SERVICES
AGENCY.
All
reports
or
copies
of
reports
26
required
to
be
provided
by
the
judicial
branch
for
fiscal
year
27
2013-2014
to
the
legislative
services
agency
shall
be
provided
28
in
an
electronic
format.
The
legislative
services
agency
shall
29
post
the
reports
on
its
internet
website
and
shall
notify
by
30
electronic
means
all
the
members
of
the
joint
appropriations
31
subcommittee
on
the
justice
system
when
a
report
is
posted.
32
Upon
request,
copies
of
the
reports
may
be
mailed
to
members
of
33
the
joint
appropriations
subcommittee
on
the
justice
system.
34
Sec.
5.
JUDICIAL
OFFICER
——
UNPAID
LEAVE.
Notwithstanding
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the
annual
salary
rates
for
judicial
officers
established
by
1
2008
Iowa
Acts,
chapter
1191,
section
11,
for
the
fiscal
year
2
beginning
July
1,
2013,
and
ending
June
30,
2014,
the
supreme
3
court
may
by
order
place
all
judicial
officers
on
unpaid
leave
4
status
on
any
day
employees
of
the
judicial
branch
are
placed
5
on
temporary
layoff
status.
The
biweekly
pay
of
the
judicial
6
officers
shall
be
reduced
accordingly
for
the
pay
period
in
7
which
the
unpaid
leave
date
occurred
in
the
same
manner
as
8
for
noncontract
employees
of
the
judicial
branch.
Through
9
the
course
of
the
fiscal
year,
the
judicial
branch
may
use
an
10
amount
equal
to
the
aggregate
amount
of
salary
reductions
due
11
to
the
judicial
officer
unpaid
leave
days
for
any
purpose
other
12
than
for
judicial
salaries.
13
Sec.
6.
IOWA
COMMUNICATIONS
NETWORK.
It
is
the
intent
14
of
the
general
assembly
that
the
judicial
branch
utilize
15
the
Iowa
communications
network
or
other
secure
electronic
16
communications
in
lieu
of
traveling
for
the
fiscal
year
17
beginning
July
1,
2013.
18
EXPLANATION
19
This
bill
makes
appropriations
to
the
judicial
branch.
20
The
bill
appropriates
from
the
general
fund
of
the
state
for
21
FY
2013-2014
to
the
judicial
branch
for
salaries,
maintenance,
22
equipment,
and
miscellaneous
purposes.
23
The
bill
provides
that
a
civil
trial
including
a
jury
trial
24
may
take
place
in
a
county
contiguous
to
the
county
with
proper
25
jurisdiction,
even
if
the
contiguous
county
is
located
in
an
26
adjacent
judicial
district
or
judicial
election
district,
if
27
all
the
parties
in
a
case
agree.
If
a
trial
is
moved
to
another
28
county
that
is
located
in
another
judicial
district
or
judicial
29
election
district,
the
judicial
officers
serving
the
judicial
30
district
or
judicial
election
district
receiving
the
case
shall
31
preside
over
the
case.
32
The
bill
permits
a
judicial
officer
to
waive
travel
33
reimbursement
for
any
travel
outside
the
judicial
officer’s
34
county
of
residence
to
conduct
official
business.
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The
bill
requires
the
judicial
branch
to
file
reports
with
1
the
legislative
services
agency
in
an
electronic
format.
2
The
bill
allows
a
judicial
officer
to
be
placed
on
unpaid
3
leave
for
the
fiscal
year
beginning
July
1,
2013,
and
ending
4
June
30,
2014,
on
any
day
a
court
employee
is
required
to
5
furlough.
The
bill
provides
that
if
a
judicial
officer
is
6
placed
on
unpaid
leave,
the
salary
of
the
judicial
officer
7
shall
be
reduced
accordingly
for
the
pay
period
in
which
the
8
unpaid
leave
occurred.
Through
the
course
of
the
fiscal
year,
9
the
bill
provides
that
the
judicial
branch
may
use
an
amount
10
equal
to
the
aggregate
amount
of
the
salary
reductions
due
11
to
judicial
officer
unpaid
leave
for
any
purpose
other
than
12
judicial
salaries.
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