Senate File 508 - Introduced SENATE FILE 508 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 1194) 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 1052SV (1) 87 jm/rn
S.F. 508 DIVISION I 1 FY 2017-2018 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 2017, and ending June 30, 2018, 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, 2017; and maintenance, equipment, and miscellaneous 20 purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $175,686,612 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 1052SV (1) 87 jm/rn 1/ 8
S.F. 508 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 1052SV (1) 87 jm/rn 2/ 8
S.F. 508 assembly by January 1, 2018, 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 9 , during the 4 fiscal year beginning July 1, 2016, and ending June 30, 2017, 5 and the plans for expenditures from each fund during the fiscal 6 year beginning July 1, 2017, and ending June 30, 2018. A copy 7 of the report shall be provided to the legislative services 8 agency. 9 Sec. 2. CIVIL TRIALS —— LOCATION. Notwithstanding any 10 provision to the contrary, for the fiscal year beginning July 11 1, 2017, and ending June 30, 2018, if all parties in a case 12 agree, a civil trial including a jury trial may take place in a 13 county contiguous to the county with proper jurisdiction, even 14 if the contiguous county is located in an adjacent judicial 15 district or judicial election district. If the trial is moved 16 pursuant to this section, court personnel shall treat the case 17 as if a change of venue occurred. However, if a trial is moved 18 to an adjacent judicial district or judicial election district, 19 the judicial officers serving in the judicial district or 20 judicial election district receiving the case shall preside 21 over the case. 22 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section 23 602.1509 , for the fiscal year beginning July 1, 2017, and 24 ending June 30, 2018, a judicial officer may waive travel 25 reimbursement for any travel outside the judicial officer’s 26 county of residence to conduct official judicial business. 27 Sec. 4. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 28 the annual salary rates for judicial officers established by 29 2013 Iowa Acts, chapter 140, section 40, for the fiscal year 30 beginning July 1, 2017, and ending June 30, 2018, the supreme 31 court may by order place all judicial officers on unpaid leave 32 status on any day employees of the judicial branch are placed 33 on temporary layoff status. The biweekly pay of the judicial 34 officers shall be reduced accordingly for the pay period in 35 -3- LSB 1052SV (1) 87 jm/rn 3/ 8
S.F. 508 which the unpaid leave date occurred in the same manner as 1 for noncontract employees of the judicial branch. Through 2 the course of the fiscal year, the judicial branch may use an 3 amount equal to the aggregate amount of salary reductions due 4 to the judicial officer unpaid leave days for any purpose other 5 than for judicial salaries. 6 Sec. 5. IOWA COMMUNICATIONS NETWORK. It is the intent 7 of the general assembly that the judicial branch utilize 8 the Iowa communications network or other secure electronic 9 communications in lieu of traveling for the fiscal year 10 beginning July 1, 2017, and ending June 30, 2018. 11 Sec. 6. ENHANCED COURT COLLECTIONS FUND AND COURT 12 TECHNOLOGY AND MODERNIZATION FUND. Notwithstanding section 13 602.1304, subsection 2, paragraph “c”, and section 602.8108, 14 subsection 9, for the fiscal year beginning July 1, 2017, and 15 ending June 30, 2018, in addition to the purposes specified 16 in section 602.1304, subsection 2, paragraph “c”, and in 17 section 602.8108, subsection 9, the moneys in the funds may be 18 used by the judicial branch for operational costs and other 19 miscellaneous purposes and duties. 20 DIVISION II 21 FY 2018-2019 22 Sec. 7. JUDICIAL BRANCH. 23 1. There is appropriated from the general fund of the state 24 to the judicial branch for the fiscal year beginning July 1, 25 2018, and ending June 30, 2019, the following amounts, or so 26 much thereof as is necessary, to be used for the purposes 27 designated: 28 a. For salaries of supreme court justices, appellate court 29 judges, district court judges, district associate judges, 30 associate juvenile judges, associate probate judges, judicial 31 magistrates and staff, state court administrator, clerk of the 32 supreme court, district court administrators, clerks of the 33 district court, juvenile court officers, board of law examiners 34 and board of examiners of shorthand reporters and judicial 35 -4- LSB 1052SV (1) 87 jm/rn 4/ 8
S.F. 508 qualifications commission; receipt and disbursement of child 1 support payments; reimbursement of the auditor of state for 2 expenses incurred in completing audits of the offices of the 3 clerks of the district court during the fiscal year beginning 4 July 1, 2018; and maintenance, equipment, and miscellaneous 5 purposes: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 87,843,306 7 b. For deposit in the revolving fund created pursuant to 8 section 602.1302, subsection 3 , for jury and witness fees, 9 mileage, costs related to summoning jurors, costs and fees for 10 interpreters and translators, and reimbursement of attorney 11 fees paid by the state public defender: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,550,000 13 2. The judicial branch, except for purposes of internal 14 processing, shall use the current state budget system, the 15 state payroll system, and the Iowa finance and accounting 16 system in administration of programs and payments for services, 17 and shall not duplicate the state payroll, accounting, and 18 budgeting systems. 19 3. The judicial branch shall submit monthly financial 20 statements to the legislative services agency and the 21 department of management containing all appropriated accounts 22 in the same manner as provided in the monthly financial status 23 reports and personal services usage reports of the department 24 of administrative services. The monthly financial statements 25 shall include a comparison of the dollars and percentage 26 spent of budgeted versus actual revenues and expenditures on 27 a cumulative basis for full-time equivalent positions and 28 dollars. 29 4. The judicial branch shall focus efforts upon the 30 collection of delinquent fines, penalties, court costs, fees, 31 surcharges, or similar amounts. 32 5. It is the intent of the general assembly that the offices 33 of the clerks of the district court operate in all 99 counties 34 and be accessible to the public as much as is reasonably 35 -5- LSB 1052SV (1) 87 jm/rn 5/ 8
S.F. 508 possible in order to address the relative needs of the citizens 1 of each county. 2 6. In addition to the requirements for transfers under 3 section 8.39 , the judicial branch shall not change the 4 appropriations from the amounts appropriated to the judicial 5 branch in this division of this Act, unless notice of the 6 revisions is given prior to their effective date to the 7 legislative services agency. The notice shall include 8 information on the branch’s rationale for making the changes 9 and details concerning the workload and performance measures 10 upon which the changes are based. 11 7. The judicial branch shall submit a semiannual update 12 to the legislative services agency specifying the amounts of 13 fines, surcharges, and court costs collected using the Iowa 14 court information system since the last report. The judicial 15 branch shall continue to facilitate the sharing of vital 16 sentencing and other information with other state departments 17 and governmental agencies involved in the criminal justice 18 system through the Iowa court information system. 19 8. The judicial branch shall provide a report to the general 20 assembly by January 1, 2019, concerning the amounts received 21 and expended from the enhanced court collections fund created 22 in section 602.1304 and the court technology and modernization 23 fund created in section 602.8108, subsection 9 , during the 24 fiscal year beginning July 1, 2017, and ending June 30, 2018, 25 and the plans for expenditures from each fund during the fiscal 26 year beginning July 1, 2018, and ending June 30, 2019. A copy 27 of the report shall be provided to the legislative services 28 agency. 29 Sec. 8. CIVIL TRIALS —— LOCATION. Notwithstanding any 30 provision to the contrary, for the fiscal year beginning July 31 1, 2018, and ending June 30, 2019, if all parties in a case 32 agree, a civil trial including a jury trial may take place in a 33 county contiguous to the county with proper jurisdiction, even 34 if the contiguous county is located in an adjacent judicial 35 -6- LSB 1052SV (1) 87 jm/rn 6/ 8
S.F. 508 district or judicial election district. If the trial is moved 1 pursuant to this section, court personnel shall treat the case 2 as if a change of venue occurred. However, if a trial is moved 3 to an adjacent judicial district or judicial election district, 4 the judicial officers serving in the judicial district or 5 judicial election district receiving the case shall preside 6 over the case. 7 Sec. 9. TRAVEL REIMBURSEMENT. Notwithstanding section 8 602.1509 , for the fiscal year beginning July 1, 2018, and 9 ending June 30, 2019, a judicial officer may waive travel 10 reimbursement for any travel outside the judicial officer’s 11 county of residence to conduct official judicial business. 12 Sec. 10. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 13 the annual salary rates for judicial officers established by 14 2013 Iowa Acts, chapter 140, section 40, for the fiscal year 15 beginning July 1, 2018, and ending June 30, 2019, 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. 11. IOWA COMMUNICATIONS NETWORK. It is the intent 27 of the general assembly that the judicial branch utilize 28 the Iowa communications network or other secure electronic 29 communications in lieu of traveling for the fiscal year 30 beginning July 1, 2018, and ending June 30, 2019. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill makes appropriations to the judicial branch. 35 -7- LSB 1052SV (1) 87 jm/rn 7/ 8
S.F. 508 The bill appropriates from the general fund of the state 1 for FY 2017-2018 and FY 2018-2019 to the judicial branch for 2 salaries, maintenance, equipment, and miscellaneous purposes. 3 The bill provides that a civil trial including a jury trial 4 may take place in a county contiguous to the county with proper 5 jurisdiction, even if the contiguous county is located in an 6 adjacent judicial district or judicial election district, if 7 all the parties in a case agree. If a trial is moved to another 8 county that is located in another judicial district or judicial 9 election district, the judicial officers serving the judicial 10 district or judicial election district receiving the case shall 11 preside over the case. 12 The bill permits a judicial officer to waive travel 13 reimbursement for any travel outside the judicial officer’s 14 county of residence to conduct official business. 15 The bill allows a judicial officer to be placed on unpaid 16 leave for the fiscal years beginning July 1, 2017, and July 1, 17 2018, on any day a court employee is required to furlough. The 18 bill provides that if a judicial officer is placed on unpaid 19 leave, the salary of the judicial officer shall be reduced 20 accordingly for the pay period in which the unpaid leave 21 occurred. Through the course of the fiscal year, the bill 22 provides that the judicial branch may use an amount equal to 23 the aggregate amount of the salary reductions due to judicial 24 officer unpaid leave for any purpose other than judicial 25 salaries. 26 The bill states legislative intent that the judicial 27 branch utilize the Iowa communications network or other secure 28 electronic communications in lieu of traveling. 29 For FY 2017-2018, the bill allows the judicial branch to 30 use funds in the enhanced court collections fund in Code 31 section 602.1304 and the court technology and modernization 32 fund in Code section 602.8108 for operational costs and other 33 miscellaneous purposes and duties in addition to the purposes 34 specified in those Code sections for both funds. 35 -8- LSB 1052SV (1) 87 jm/rn 8/ 8