Senate Study Bill 1254 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON BREITBACH) 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 1006XC (4) 88 asf/tm
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 2019, and ending June 30, 2020, the following amounts, 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 associate juvenile judges, associate probate judges, judicial 9 magistrates and staff, state court administrator, clerk of the 10 supreme court, district court administrators, clerks of the 11 district court, juvenile court officers, board of law examiners 12 and board of examiners of shorthand reporters and judicial 13 qualifications commission; receipt and disbursement of child 14 support payments; reimbursement of the auditor of state for 15 expenses incurred in completing audits of the offices of the 16 clerks of the district court during the fiscal year beginning 17 July 1, 2019; and maintenance, equipment, and miscellaneous 18 purposes: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $181,126,293 20 b. For deposit in the revolving fund created pursuant to 21 section 602.1302, subsection 3 , for jury and witness fees, 22 mileage, costs related to summoning jurors, costs and fees for 23 interpreters and translators, and reimbursement of attorney 24 fees paid by the state public defender: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,100,000 26 2. The judicial branch, except for purposes of internal 27 processing, shall use the current state budget system, the 28 state payroll system, and the Iowa finance and accounting 29 system in administration of programs and payments for services, 30 and shall not duplicate the state payroll, accounting, and 31 budgeting systems. 32 3. The judicial branch shall submit monthly financial 33 statements to the legislative services agency and the 34 department of management containing all appropriated accounts 35 -1- LSB 1006XC (4) 88 asf/tm 1/ 6
S.F. _____ in the same manner as provided in the monthly financial status 1 reports and personal services usage reports of the department 2 of administrative services. The monthly financial statements 3 shall include a comparison of the dollars and percentage 4 spent of budgeted versus actual revenues and expenditures on 5 a cumulative basis for full-time equivalent positions and 6 dollars. 7 4. The judicial branch shall focus efforts upon the 8 collection of delinquent fines, penalties, court costs, fees, 9 surcharges, or similar amounts. 10 5. The offices of the clerks of the district court shall 11 operate in all 99 counties and be accessible to the public as 12 much as is reasonably possible in order to address the relative 13 needs of the citizens of each county. At minimum, an office 14 of the clerk of the district court shall be open to the public 15 for at least the same hours as other county offices in their 16 respective county. If county offices within a county are open 17 for a varying number of hours, the office of the clerk of the 18 district court shall be open consistent with the county office 19 that is open the greatest number of hours. 20 6. In addition to the requirements for transfers under 21 section 8.39 , the judicial branch shall not change the 22 appropriations from the amounts appropriated to the judicial 23 branch in this division of this Act, unless notice of the 24 revisions is given prior to their effective date to the 25 legislative services agency. The notice shall include 26 information on the branch’s rationale for making the changes 27 and details concerning the workload and performance measures 28 upon which the changes are based. 29 7. The judicial branch shall submit a semiannual update 30 to the legislative services agency specifying the amounts of 31 fines, surcharges, and court costs collected using the Iowa 32 court information system since the last report. The judicial 33 branch shall continue to facilitate the sharing of vital 34 sentencing and other information with other state departments 35 -2- LSB 1006XC (4) 88 asf/tm 2/ 6
S.F. _____ and governmental agencies involved in the criminal justice 1 system through the Iowa court information system. 2 8. The judicial branch shall provide a report to the general 3 assembly by January 1, 2020, concerning the amounts received 4 and expended from the enhanced court collections fund created 5 in section 602.1304 and the court technology and modernization 6 fund created in section 602.8108, subsection 9 , during the 7 fiscal year beginning July 1, 2018, and ending June 30, 2019, 8 and the plans for expenditures from each fund during the fiscal 9 year beginning July 1, 2019, and ending June 30, 2020. A copy 10 of the report shall be provided to the legislative services 11 agency. 12 Sec. 2. CIVIL TRIALS —— LOCATION. Notwithstanding any 13 provision to the contrary, for the fiscal year beginning July 14 1, 2019, and ending June 30, 2020, if all parties in a case 15 agree, a civil trial including a jury trial may take place in a 16 county contiguous to the county with proper jurisdiction, even 17 if the contiguous county is located in an adjacent judicial 18 district or judicial election district. If the trial is moved 19 pursuant to this section, court personnel shall treat the case 20 as if a change of venue occurred. However, if a trial is moved 21 to an adjacent judicial district or judicial election district, 22 the judicial officers serving in the judicial district or 23 judicial election district receiving the case shall preside 24 over the case. 25 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section 26 602.1509 , for the fiscal year beginning July 1, 2019, and 27 ending June 30, 2020, a judicial officer may waive travel 28 reimbursement for any travel outside the judicial officer’s 29 county of residence to conduct official judicial business. 30 Sec. 4. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 31 the annual salary rates for judicial officers established by 32 2013 Iowa Acts, chapter 140, section 40, for the fiscal year 33 beginning July 1, 2019, and ending June 30, 2020, the supreme 34 court may by order place all judicial officers on unpaid leave 35 -3- LSB 1006XC (4) 88 asf/tm 3/ 6
S.F. _____ status on any day employees of the judicial branch are placed 1 on temporary layoff status. The biweekly pay of the judicial 2 officers shall be reduced accordingly for the pay period in 3 which the unpaid leave date occurred in the same manner as 4 for noncontract employees of the judicial branch. Through 5 the course of the fiscal year, the judicial branch may use an 6 amount equal to the aggregate amount of salary reductions due 7 to the judicial officer unpaid leave days for any purpose other 8 than for judicial salaries. 9 Sec. 5. IOWA COMMUNICATIONS NETWORK. It is the intent 10 of the general assembly that the judicial branch utilize 11 the Iowa communications network or other secure electronic 12 communications in lieu of traveling for the fiscal year 13 beginning July 1, 2019, and ending June 30, 2020. 14 Sec. 6. STATE COURT —— JUSTICES, JUDGES, AND MAGISTRATES. 15 1. The salary rates specified in subsection 2 are for the 16 fiscal year beginning in July 1, 2019, and for subsequent 17 fiscal years until otherwise provided by the general assembly. 18 The salaries provided for in this section shall be paid 19 from funds allocated to the judicial branch from the salary 20 adjustment fund, or if the allocation is not sufficient, from 21 funds appropriated to the judicial branch pursuant to this Act 22 or any other Act of the general assembly. 23 2. The following annual salary rates shall be paid to the 24 persons holding the judicial positions indicated during the 25 fiscal year beginning July 1, 2019, and for subsequent pay 26 periods. 27 a. Chief justice of the supreme court: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 186,661 29 b. Each justice of the supreme court: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 178,304 31 c. Chief judge of the court of appeals: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 167,160 33 d. Each associate judge of the court of appeals: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 161,588 35 -4- LSB 1006XC (4) 88 asf/tm 4/ 6
S.F. _____ e. Each chief judge of a judicial district: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 156,016 2 f. Each district judge except the chief judge of a judicial 3 district: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150,016 5 g. Each district associate judge: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 133,728 7 h. Each associate juvenile judge: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 133,728 9 i. Each associate probate judge: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 133,728 11 j. Each judicial magistrate: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41,232 13 k. Each senior judge: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,915 15 3. Persons receiving the salary rates established 16 under this section shall not receive any additional salary 17 adjustments provided by this Act. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill makes appropriations to the judicial branch. 22 The bill appropriates from the general fund of the state for 23 FY 2019-2020 to the judicial branch for salaries, maintenance, 24 equipment, and miscellaneous purposes. 25 The bill provides that the offices of the clerks of the 26 district court shall operate in all 99 counties and be 27 accessible to the public as much as is reasonably possible 28 in order to address the relative needs of the citizens of 29 each county. The bill provides that at minimum, an office of 30 the clerk of the district court shall be open to the public 31 for at least the same hours as other county offices in their 32 respective counties. The bill provides that if county offices 33 within a county are open a varying number of hours, the office 34 of the clerk of the district court shall be open consistent 35 -5- LSB 1006XC (4) 88 asf/tm 5/ 6
S.F. _____ with the county office that is open the greatest number of 1 hours. 2 The bill provides that a civil trial including a jury trial 3 may take place in a county contiguous to the county with proper 4 jurisdiction, even if the contiguous county is located in an 5 adjacent judicial district or judicial election district, if 6 all the parties in a case agree. If a trial is moved to another 7 county that is located in another judicial district or judicial 8 election district, the judicial officers serving the judicial 9 district or judicial election district receiving the case shall 10 preside over the case. 11 The bill permits a judicial officer to waive travel 12 reimbursement for any travel outside the judicial officer’s 13 county of residence to conduct official business. 14 The bill allows a judicial officer to be placed on unpaid 15 leave for the fiscal year beginning July 1, 2019, on any day a 16 court employee is required to furlough. The bill provides that 17 if a judicial officer is placed on unpaid leave, the salary of 18 the judicial officer shall be reduced accordingly for the pay 19 period in which the unpaid leave occurred. Through the course 20 of the fiscal year, the bill provides that the judicial branch 21 may use an amount equal to the aggregate amount of the salary 22 reductions due to judicial officer unpaid leave for any purpose 23 other than judicial salaries. 24 The bill states legislative intent that the judicial 25 branch utilize the Iowa communications network or other secure 26 electronic communications in lieu of traveling. 27 The bill sets forth the salary rates for certain positions in 28 the judicial branch for the fiscal year beginning July 1, 2019. 29 -6- LSB 1006XC (4) 88 asf/tm 6/ 6