Senate File 496 - Introduced SENATE FILE 496 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 1283) 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 1023SV (1) 86 jm/rn
S.F. 496 DIVISION I 1 FY 2015-2016 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 2015, and ending June 30, 2016, the following amounts, 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, 2015; and maintenance, equipment, and miscellaneous 20 purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $176,986,612 22 b. For deposit in the revolving fund created pursuant to 23 section 602.1302, subsection 3 , for jury and witness fees, 24 mileage, costs related to summoning jurors, costs and fees for 25 interpreters and translators, and reimbursement of attorney 26 fees paid by the state public defender: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,100,000 28 2. The judicial branch, except for purposes of internal 29 processing, shall use the current state budget system, the 30 state payroll system, and the Iowa finance and accounting 31 system in administration of programs and payments for services, 32 and shall not duplicate the state payroll, accounting, and 33 budgeting systems. 34 3. The judicial branch shall submit monthly financial 35 -1- LSB 1023SV (1) 86 jm/rn 1/ 8
S.F. 496 statements to the legislative services agency and the 1 department of management containing all appropriated accounts 2 in the same manner as provided in the monthly financial status 3 reports and personal services usage reports of the department 4 of administrative services. The monthly financial statements 5 shall include a comparison of the dollars and percentage 6 spent of budgeted versus actual revenues and expenditures on 7 a cumulative basis for full-time equivalent positions and 8 dollars. 9 4. The judicial branch shall focus efforts upon the 10 collection of delinquent fines, penalties, court costs, fees, 11 surcharges, or similar amounts. 12 5. It is the intent of the general assembly that the offices 13 of the clerks of the district court operate in all 99 counties 14 and be accessible to the public as much as is reasonably 15 possible in order to address the relative needs of the citizens 16 of each county. 17 6. In addition to the requirements for transfers under 18 section 8.39 , the judicial branch shall not change the 19 appropriations from the amounts appropriated to the judicial 20 branch in this division of this Act, unless notice of the 21 revisions is given prior to their effective date to the 22 legislative services agency. The notice shall include 23 information on the branch’s rationale for making the changes 24 and details concerning the workload and performance measures 25 upon which the changes are based. 26 7. The judicial branch shall submit a semiannual update 27 to the legislative services agency specifying the amounts of 28 fines, surcharges, and court costs collected using the Iowa 29 court information system since the last report. The judicial 30 branch shall continue to facilitate the sharing of vital 31 sentencing and other information with other state departments 32 and governmental agencies involved in the criminal justice 33 system through the Iowa court information system. 34 8. The judicial branch shall provide a report to the general 35 -2- LSB 1023SV (1) 86 jm/rn 2/ 8
S.F. 496 assembly by January 1, 2016, concerning the amounts received 1 and expended from the enhanced court collections fund created 2 in section 602.1304 and the court technology and modernization 3 fund created in section 602.8108, subsection 7 , during the 4 fiscal year beginning July 1, 2014, and ending June 30, 2015, 5 and the plans for expenditures from each fund during the fiscal 6 year beginning July 1, 2015, and ending June 30, 2016. A copy 7 of the report shall be provided to the legislative services 8 agency. 9 9. The judicial branch shall emphasize the expansion of 10 family treatment courts on a statewide basis. 11 Sec. 2. CIVIL TRIALS —— LOCATION. Notwithstanding any 12 provision to the contrary, for the fiscal year beginning July 13 1, 2015, and ending June 30, 2016, if all parties in a case 14 agree, a civil trial including a jury trial may take place in a 15 county contiguous to the county with proper jurisdiction, even 16 if the contiguous county is located in an adjacent judicial 17 district or judicial election district. If the trial is moved 18 pursuant to this section, court personnel shall treat the case 19 as if a change of venue occurred. However, if a trial is moved 20 to an adjacent judicial district or judicial election district, 21 the judicial officers serving in the judicial district or 22 judicial election district receiving the case shall preside 23 over the case. 24 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section 25 602.1509 , for the fiscal year beginning July 1, 2015, a 26 judicial officer may waive travel reimbursement for any travel 27 outside the judicial officer’s county of residence to conduct 28 official judicial business. 29 Sec. 4. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 30 the annual salary rates for judicial officers established by 31 2013 Iowa Acts, chapter 140, section 40, for the fiscal year 32 beginning July 1, 2015, and ending June 30, 2016, the supreme 33 court may by order place all judicial officers on unpaid leave 34 status on any day employees of the judicial branch are placed 35 -3- LSB 1023SV (1) 86 jm/rn 3/ 8
S.F. 496 on temporary layoff status. The biweekly pay of the judicial 1 officers shall be reduced accordingly for the pay period in 2 which the unpaid leave date occurred in the same manner as 3 for noncontract employees of the judicial branch. Through 4 the course of the fiscal year, the judicial branch may use an 5 amount equal to the aggregate amount of salary reductions due 6 to the judicial officer unpaid leave days for any purpose other 7 than for judicial salaries. 8 Sec. 5. IOWA COMMUNICATIONS NETWORK. It is the intent 9 of the general assembly that the judicial branch utilize 10 the Iowa communications network or other secure electronic 11 communications in lieu of traveling for the fiscal year 12 beginning July 1, 2015, and ending June 30, 2016. 13 DIVISION II 14 FY 2016-2017 15 Sec. 6. JUDICIAL BRANCH. 16 1. There is appropriated from the general fund of the state 17 to the judicial branch for the fiscal year beginning July 1, 18 2016, and ending June 30, 2017, the following amounts, or so 19 much thereof as is necessary, to be used for the purposes 20 designated: 21 a. For salaries of supreme court justices, appellate court 22 judges, district court judges, district associate judges, 23 associate juvenile judges, associate probate judges, judicial 24 magistrates and staff, state court administrator, clerk of the 25 supreme court, district court administrators, clerks of the 26 district court, juvenile court officers, board of law examiners 27 and board of examiners of shorthand reporters and judicial 28 qualifications commission; receipt and disbursement of child 29 support payments; reimbursement of the auditor of state for 30 expenses incurred in completing audits of the offices of the 31 clerks of the district court during the fiscal year beginning 32 July 1, 2016; and maintenance, equipment, and miscellaneous 33 purposes: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 88,493,306 35 -4- LSB 1023SV (1) 86 jm/rn 4/ 8
S.F. 496 b. For deposit in the revolving fund created pursuant to 1 section 602.1302, subsection 3 , for jury and witness fees, 2 mileage, costs related to summoning jurors, costs and fees for 3 interpreters and translators, and reimbursement of attorney 4 fees paid by the state public defender: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,550,000 6 2. The judicial branch, except for purposes of internal 7 processing, shall use the current state budget system, the 8 state payroll system, and the Iowa finance and accounting 9 system in administration of programs and payments for services, 10 and shall not duplicate the state payroll, accounting, and 11 budgeting systems. 12 3. The judicial branch shall submit monthly financial 13 statements to the legislative services agency and the 14 department of management containing all appropriated accounts 15 in the same manner as provided in the monthly financial status 16 reports and personal services usage reports of the department 17 of administrative services. The monthly financial statements 18 shall include a comparison of the dollars and percentage 19 spent of budgeted versus actual revenues and expenditures on 20 a cumulative basis for full-time equivalent positions and 21 dollars. 22 4. The judicial branch shall focus efforts upon the 23 collection of delinquent fines, penalties, court costs, fees, 24 surcharges, or similar amounts. 25 5. It is the intent of the general assembly that the offices 26 of the clerks of the district court operate in all 99 counties 27 and be accessible to the public as much as is reasonably 28 possible in order to address the relative needs of the citizens 29 of each county. 30 6. In addition to the requirements for transfers under 31 section 8.39 , the judicial branch shall not change the 32 appropriations from the amounts appropriated to the judicial 33 branch in this division of this Act, unless notice of the 34 revisions is given prior to their effective date to the 35 -5- LSB 1023SV (1) 86 jm/rn 5/ 8
S.F. 496 legislative services agency. The notice shall include 1 information on the branch’s rationale for making the changes 2 and details concerning the workload and performance measures 3 upon which the changes are based. 4 7. The judicial branch shall submit a semiannual update 5 to the legislative services agency specifying the amounts of 6 fines, surcharges, and court costs collected using the Iowa 7 court information system since the last report. The judicial 8 branch shall continue to facilitate the sharing of vital 9 sentencing and other information with other state departments 10 and governmental agencies involved in the criminal justice 11 system through the Iowa court information system. 12 8. The judicial branch shall provide a report to the general 13 assembly by January 1, 2017, concerning the amounts received 14 and expended from the enhanced court collections fund created 15 in section 602.1304 and the court technology and modernization 16 fund created in section 602.8108, subsection 7 , during the 17 fiscal year beginning July 1, 2015, and ending June 30, 2016, 18 and the plans for expenditures from each fund during the fiscal 19 year beginning July 1, 2016, and ending June 30, 2017. A copy 20 of the report shall be provided to the legislative services 21 agency. 22 9. The judicial branch shall emphasize the expansion of 23 family treatment courts on a statewide basis. 24 Sec. 7. CIVIL TRIALS —— LOCATION. Notwithstanding any 25 provision to the contrary, for the fiscal year beginning July 26 1, 2016, and ending June 30, 2017, if all parties in a case 27 agree, a civil trial including a jury trial may take place in a 28 county contiguous to the county with proper jurisdiction, even 29 if the contiguous county is located in an adjacent judicial 30 district or judicial election district. If the trial is moved 31 pursuant to this section, court personnel shall treat the case 32 as if a change of venue occurred. However, if a trial is moved 33 to an adjacent judicial district or judicial election district, 34 the judicial officers serving in the judicial district or 35 -6- LSB 1023SV (1) 86 jm/rn 6/ 8
S.F. 496 judicial election district receiving the case shall preside 1 over the case. 2 Sec. 8. TRAVEL REIMBURSEMENT. Notwithstanding section 3 602.1509 , for the fiscal year beginning July 1, 2016, a 4 judicial officer may waive travel reimbursement for any travel 5 outside the judicial officer’s county of residence to conduct 6 official judicial business. 7 Sec. 9. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 8 the annual salary rates for judicial officers established by 9 2013 Iowa Acts, chapter 140, section 40, for the fiscal year 10 beginning July 1, 2016, and ending June 30, 2017, 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. 10. 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, 2016, and ending June 30, 2017. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill makes appropriations to the judicial branch and 30 modifies judicial salaries. 31 The bill appropriates from the general fund of the state 32 for FY 2015-2016 and FY 2016-2017 to the judicial branch for 33 salaries, maintenance, equipment, and miscellaneous purposes. 34 The bill provides that a civil trial including a jury trial 35 -7- LSB 1023SV (1) 86 jm/rn 7/ 8
S.F. 496 may take place in a county contiguous to the county with proper 1 jurisdiction, even if the contiguous county is located in an 2 adjacent judicial district or judicial election district, if 3 all the parties in a case agree. If a trial is moved to another 4 county that is located in another judicial district or judicial 5 election district, the judicial officers serving the judicial 6 district or judicial election district receiving the case shall 7 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 for the fiscal years beginning July 1, 2015, and July 1, 13 2016, on any day a court employee is required to furlough. The 14 bill provides that if a judicial officer is placed on unpaid 15 leave, the salary of the judicial officer shall be reduced 16 accordingly for the pay period in which the unpaid leave 17 occurred. Through the course of the fiscal year, the bill 18 provides that the judicial branch may use an amount equal to 19 the aggregate amount of the salary reductions due to judicial 20 officer unpaid leave for any purpose other than judicial 21 salaries. 22 The bill states legislative intent that the judicial 23 branch utilize the Iowa communications network or other secure 24 electronic communications in lieu of traveling. 25 -8- LSB 1023SV (1) 86 jm/rn 8/ 8