Senate Study Bill 1203 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR BUDGET BILL) 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 1032XG (3) 86 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 associate juvenile judges, associate probate judges, judicial 8 magistrates and staff, state court administrator, clerk of the 9 supreme court, district court administrators, clerks of the 10 district court, juvenile court officers, board of law examiners 11 and board of examiners of shorthand reporters and judicial 12 qualifications commission; receipt and disbursement of child 13 support payments; reimbursement of the auditor of state for 14 expenses incurred in completing audits of the offices of the 15 clerks of the district court; and maintenance, equipment, and 16 miscellaneous purposes: 17 (1) FY 2015-2016: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $179,673,989 19 (2) FY 2016-2017: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $181,673,989 21 b. For deposit in the revolving fund created pursuant to 22 section 602.1302, subsection 3 , for jury and witness fees, 23 mileage, costs related to summoning jurors, costs and fees for 24 interpreters and translators, and reimbursement of attorney 25 fees paid by the state public defender: 26 (1) FY 2015-2016: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,100,000 28 (2) FY 2016-2017: 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 1032XG (3) 86 jm/tm 1/ 5
S.F. _____ 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 1032XG (3) 86 jm/tm 2/ 5
S.F. _____ 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, 2016, 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, 2014, and ending June 30, 2015, 7 and the plans for expenditures from each fund during the 8 fiscal year beginning July 1, 2015, and ending June 30, 2016. 9 The judicial branch shall provide a report to the general 10 assembly by January 1, 2017, concerning the amounts received 11 and expended from the enhanced court collections fund created 12 in section 602.1304 and the court technology and modernization 13 fund created in section 602.8108, subsection 7 , during the 14 fiscal year beginning July 1, 2015, and ending June 30, 2016, 15 and the plans for expenditures from each fund during the fiscal 16 year beginning July 1, 2016, and ending June 30, 2017. A copy 17 of each report shall be provided to the legislative services 18 agency. 19 9. It is the intent of the general assembly that the 20 judicial branch emphasize the expansion of family treatment 21 courts on a statewide basis. 22 Sec. 2. CIVIL TRIALS —— LOCATION. Notwithstanding any 23 provision to the contrary, for the fiscal years beginning July 24 1, 2015, and July 1, 2016, if all parties in a case agree, a 25 civil trial including a jury trial may take place in a county 26 contiguous to the county with proper jurisdiction, even if the 27 contiguous county is located in an adjacent judicial district 28 or judicial election district. If the trial is moved pursuant 29 to this section, court personnel shall treat the case as if a 30 change of venue occurred. However, if a trial is moved to an 31 adjacent judicial district or judicial election district, the 32 judicial officers serving in the judicial district or judicial 33 election district receiving the case shall preside over the 34 case. 35 -3- LSB 1032XG (3) 86 jm/tm 3/ 5
S.F. _____ H.F. _____ Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section 1 602.1509 , for the fiscal years beginning July 1, 2015, and July 2 1, 2016, a judicial officer may waive travel reimbursement for 3 any travel outside the judicial officer’s county of residence 4 to conduct official judicial business. 5 Sec. 4. POSTING OF REPORTS IN ELECTRONIC FORMAT —— 6 LEGISLATIVE SERVICES AGENCY. All reports or copies of reports 7 required to be provided to the legislative services agency by 8 the judicial branch for the fiscal years beginning July 1, 9 2015, and July 1, 2016, shall be provided in an electronic 10 format. The legislative services agency shall post the reports 11 on its internet website and shall notify by electronic means 12 all the members of the joint appropriations subcommittee on 13 the justice system when a report is posted. Upon request, 14 copies of the reports may be mailed to members of the joint 15 appropriations subcommittee on the justice system. 16 Sec. 5. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 17 the annual salary rates for judicial officers established 18 by 2008 Iowa Acts, chapter 1191, section 11, for the fiscal 19 years beginning July 1, 2015, and July 1, 2016, the supreme 20 court may by order place all judicial officers on unpaid leave 21 status on any day employees of the judicial branch are placed 22 on temporary layoff status. The biweekly pay of the judicial 23 officers shall be reduced accordingly for the pay period in 24 which the unpaid leave date occurred in the same manner as 25 for noncontract employees of the judicial branch. Through 26 the course of the fiscal year, the judicial branch may use an 27 amount equal to the aggregate amount of salary reductions due 28 to the judicial officer unpaid leave days for any purpose other 29 than for judicial salaries. 30 Sec. 6. IOWA COMMUNICATIONS NETWORK. It is the intent 31 of the general assembly that the judicial branch utilize 32 the Iowa communications network or other secure electronic 33 communications in lieu of traveling for the fiscal years 34 beginning July 1, 2015, and July 1, 2016. 35 -4- LSB 1032XG (3) 86 jm/tm 4/ 5
S.F. _____ H.F. _____ EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill makes appropriations to the judicial branch. 4 The bill appropriates from the general fund of the state 5 for FY 2015-2016 and FY 2016-2017 to the judicial branch for 6 salaries, maintenance, equipment, and miscellaneous purposes. 7 The bill provides that a civil trial including a jury trial 8 may take place in a county contiguous to the county with proper 9 jurisdiction, even if the contiguous county is located in an 10 adjacent judicial district or judicial election district, if 11 all the parties in a case agree. If a trial is moved to another 12 county that is located in another judicial district or judicial 13 election district, the judicial officers serving the judicial 14 district or judicial election district receiving the case shall 15 preside over the case. 16 The bill permits a judicial officer to waive travel 17 reimbursement for any travel outside the judicial officer’s 18 county of residence to conduct official business. 19 The bill requires the judicial branch to file reports with 20 the legislative services agency in an electronic format. 21 The bill allows a judicial officer to be placed on unpaid 22 leave for the fiscal years beginning July 1, 2015, and July 1, 23 2016, on any day a court employee is required to furlough. The 24 bill provides that if a judicial officer is placed on unpaid 25 leave, the salary of the judicial officer shall be reduced 26 accordingly for the pay period in which the unpaid leave 27 occurred. Through the course of the fiscal year, the bill 28 provides that the judicial branch may use an amount equal to 29 the aggregate amount of the salary reductions due to judicial 30 officer unpaid leave for any purpose other than judicial 31 salaries. 32 The bill states legislative intent that the judicial 33 branch utilize the Iowa communications network or other secure 34 electronic communications in lieu of traveling. 35 -5- LSB 1032XG (3) 86 jm/tm 5/ 5