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 TLSB 1006SB (1) 85 jm/jp
S.F. _____ 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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 35 -1- LSB 1006SB (1) 85 jm/jp 1/ 5
S.F. _____ 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 35 -2- LSB 1006SB (1) 85 jm/jp 2/ 5
S.F. _____ 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 35 -3- LSB 1006SB (1) 85 jm/jp 3/ 5
S.F. _____ 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. 35 -4- LSB 1006SB (1) 85 jm/jp 4/ 5
S.F. _____ 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. 13 -5- LSB 1006SB (1) 85 jm/jp 5/ 5