Senate Study Bill 1142 - 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 1015XG (7) 88 asf/tm
S.F. _____ H.F. _____ DIVISION I 1 FY 2019-2020 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 2019, and ending June 30, 2020, 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, 2019; and maintenance, equipment, and miscellaneous 20 purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $182,988,057 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 1015XG (7) 88 asf/tm 1/ 9
S.F. _____ H.F. _____ 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 1015XG (7) 88 asf/tm 2/ 9
S.F. _____ H.F. _____ assembly by January 1, 2020, 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, 2018, and ending June 30, 2019, 5 and the plans for expenditures from each fund during the fiscal 6 year beginning July 1, 2019, and ending June 30, 2020. 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, 2019, and ending June 30, 2020, 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, 2019, and 24 ending June 30, 2020, 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, 2019, and ending June 30, 2020, 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 1015XG (7) 88 asf/tm 3/ 9
S.F. _____ H.F. _____ 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, 2019, and ending June 30, 2020. 11 DIVISION II 12 FY 2020-2021 13 Sec. 6. JUDICIAL BRANCH. 14 1. There is appropriated from the general fund of the state 15 to the judicial branch for the fiscal year beginning July 1, 16 2020, and ending June 30, 2021, the following amounts, or so 17 much thereof as is necessary, to be used for the purposes 18 designated: 19 a. For salaries of supreme court justices, appellate court 20 judges, district court judges, district associate judges, 21 associate juvenile judges, associate probate judges, judicial 22 magistrates and staff, state court administrator, clerk of the 23 supreme court, district court administrators, clerks of the 24 district court, juvenile court officers, board of law examiners 25 and board of examiners of shorthand reporters and judicial 26 qualifications commission; receipt and disbursement of child 27 support payments; reimbursement of the auditor of state for 28 expenses incurred in completing audits of the offices of the 29 clerks of the district court during the fiscal year beginning 30 July 1, 2020; and maintenance, equipment, and miscellaneous 31 purposes: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $186,810,696 33 b. For deposit in the revolving fund created pursuant to 34 section 602.1302, subsection 3 , for jury and witness fees, 35 -4- LSB 1015XG (7) 88 asf/tm 4/ 9
S.F. _____ H.F. _____ mileage, costs related to summoning jurors, costs and fees for 1 interpreters and translators, and reimbursement of attorney 2 fees paid by the state public defender: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,100,000 4 2. The judicial branch, except for purposes of internal 5 processing, shall use the current state budget system, the 6 state payroll system, and the Iowa finance and accounting 7 system in administration of programs and payments for services, 8 and shall not duplicate the state payroll, accounting, and 9 budgeting systems. 10 3. The judicial branch shall submit monthly financial 11 statements to the legislative services agency and the 12 department of management containing all appropriated accounts 13 in the same manner as provided in the monthly financial status 14 reports and personal services usage reports of the department 15 of administrative services. The monthly financial statements 16 shall include a comparison of the dollars and percentage 17 spent of budgeted versus actual revenues and expenditures on 18 a cumulative basis for full-time equivalent positions and 19 dollars. 20 4. The judicial branch shall focus efforts upon the 21 collection of delinquent fines, penalties, court costs, fees, 22 surcharges, or similar amounts. 23 5. It is the intent of the general assembly that the offices 24 of the clerks of the district court operate in all 99 counties 25 and be accessible to the public as much as is reasonably 26 possible in order to address the relative needs of the citizens 27 of each county. 28 6. In addition to the requirements for transfers under 29 section 8.39 , the judicial branch shall not change the 30 appropriations from the amounts appropriated to the judicial 31 branch in this division of this Act, unless notice of the 32 revisions is given prior to their effective date to the 33 legislative services agency. The notice shall include 34 information on the branch’s rationale for making the changes 35 -5- LSB 1015XG (7) 88 asf/tm 5/ 9
S.F. _____ H.F. _____ and details concerning the workload and performance measures 1 upon which the changes are based. 2 7. The judicial branch shall submit a semiannual update 3 to the legislative services agency specifying the amounts of 4 fines, surcharges, and court costs collected using the Iowa 5 court information system since the last report. The judicial 6 branch shall continue to facilitate the sharing of vital 7 sentencing and other information with other state departments 8 and governmental agencies involved in the criminal justice 9 system through the Iowa court information system. 10 8. The judicial branch shall provide a report to the general 11 assembly by January 1, 2021, concerning the amounts received 12 and expended from the enhanced court collections fund created 13 in section 602.1304 and the court technology and modernization 14 fund created in section 602.8108, subsection 9 , during the 15 fiscal year beginning July 1, 2019, and ending June 30, 2020, 16 and the plans for expenditures from each fund during the fiscal 17 year beginning July 1, 2020, and ending June 30, 2021. A copy 18 of the report shall be provided to the legislative services 19 agency. 20 Sec. 7. CIVIL TRIALS —— LOCATION. Notwithstanding any 21 provision to the contrary, for the fiscal year beginning July 22 1, 2020, and ending June 30, 2021, if all parties in a case 23 agree, a civil trial including a jury trial may take place in a 24 county contiguous to the county with proper jurisdiction, even 25 if the contiguous county is located in an adjacent judicial 26 district or judicial election district. If the trial is moved 27 pursuant to this section, court personnel shall treat the case 28 as if a change of venue occurred. However, if a trial is moved 29 to an adjacent judicial district or judicial election district, 30 the judicial officers serving in the judicial district or 31 judicial election district receiving the case shall preside 32 over the case. 33 Sec. 8. TRAVEL REIMBURSEMENT. Notwithstanding section 34 602.1509 , for the fiscal year beginning July 1, 2020, and 35 -6- LSB 1015XG (7) 88 asf/tm 6/ 9
S.F. _____ H.F. _____ ending June 30, 2021, a judicial officer may waive travel 1 reimbursement for any travel outside the judicial officer’s 2 county of residence to conduct official judicial business. 3 Sec. 9. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 4 the annual salary rates for judicial officers established by 5 2013 Iowa Acts, chapter 140, section 40, for the fiscal year 6 beginning July 1, 2020, and ending June 30, 2021, the supreme 7 court may by order place all judicial officers on unpaid leave 8 status on any day employees of the judicial branch are placed 9 on temporary layoff status. The biweekly pay of the judicial 10 officers shall be reduced accordingly for the pay period in 11 which the unpaid leave date occurred in the same manner as 12 for noncontract employees of the judicial branch. Through 13 the course of the fiscal year, the judicial branch may use an 14 amount equal to the aggregate amount of salary reductions due 15 to the judicial officer unpaid leave days for any purpose other 16 than for judicial salaries. 17 Sec. 10. IOWA COMMUNICATIONS NETWORK. It is the intent 18 of the general assembly that the judicial branch utilize 19 the Iowa communications network or other secure electronic 20 communications in lieu of traveling for the fiscal year 21 beginning July 1, 2020, and ending June 30, 2021. 22 DIVISION III 23 PROPOSED BUDGET PROCESS 24 Sec. 11. Section 602.1301, subsection 2, paragraph b, Code 25 2019, is amended to read as follows: 26 b. Before December 1, the supreme court shall submit to the 27 director of the department of management an estimate of the 28 total expenditure requirements of the judicial branch. The 29 director of the department of management shall submit this 30 estimate received from the supreme court to the governor for 31 inclusion without change in the governor’s proposed budget for 32 the succeeding fiscal year , except the portion of the total 33 expenditure requirements attributable to an increase of the 34 salary rate for a judicial position, including chief justice 35 -7- LSB 1015XG (7) 88 asf/tm 7/ 9
S.F. _____ H.F. _____ of the supreme court, each justice of the supreme court, chief 1 judge of the court of appeals, each associate judge of the 2 court of appeals, each chief judge of a judicial district, each 3 district judge except the chief judge of a judicial district, 4 each district associate judge, each associate juvenile judge, 5 each associate probate judge, each judicial magistrate, and 6 each senior judge, shall not be included in the governor’s 7 proposed budget . The estimate shall also be submitted to the 8 chairpersons of the committees on appropriations. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill makes appropriations to the judicial branch. 13 The bill appropriates from the general fund of the state 14 for FY 2019-2020 and FY 2020-2021 to the judicial branch for 15 salaries, maintenance, equipment, and miscellaneous purposes. 16 The bill provides that a civil trial including a jury trial 17 may take place in a county contiguous to the county with proper 18 jurisdiction, even if the contiguous county is located in an 19 adjacent judicial district or judicial election district, if 20 all the parties in a case agree. If a trial is moved to another 21 county that is located in another judicial district or judicial 22 election district, the judicial officers serving the judicial 23 district or judicial election district receiving the case shall 24 preside over the case. 25 The bill permits a judicial officer to waive travel 26 reimbursement for any travel outside the judicial officer’s 27 county of residence to conduct official business. 28 The bill allows a judicial officer to be placed on unpaid 29 leave for the fiscal years beginning July 1, 2019, and July 1, 30 2020, on any day a court employee is required to furlough. The 31 bill provides that if a judicial officer is placed on unpaid 32 leave, the salary of the judicial officer shall be reduced 33 accordingly for the pay period in which the unpaid leave 34 occurred. Through the course of the fiscal year, the bill 35 -8- LSB 1015XG (7) 88 asf/tm 8/ 9
S.F. _____ H.F. _____ provides that the judicial branch may use an amount equal to 1 the aggregate amount of the salary reductions due to judicial 2 officer unpaid leave for any purpose other than judicial 3 salaries. 4 The bill states legislative intent that the judicial 5 branch utilize the Iowa communications network or other secure 6 electronic communications in lieu of traveling. 7 Current law provides that before December 1, the supreme 8 court shall submit to the director of the department of 9 management an estimate of the total expenditure requirements 10 of the judicial branch and the director of the department of 11 management shall submit this estimate received from the supreme 12 court to the governor for inclusion without change in the 13 governor’s proposed budget for the succeeding fiscal year. 14 The bill provides that the portion of the estimated total 15 expenditure requirements attributable to an increase of the 16 salary rate for a judicial position, which are specified in the 17 bill, shall not be included in the governor’s proposed budget. 18 -9- LSB 1015XG (7) 88 asf/tm 9/ 9