Senate Study Bill 3104 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR BUDGET BILL) A BILL FOR An Act relating to appropriations to the judicial branch, and 1 including effective date and retroactive applicability 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5015XG (5) 88 ns/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 fiscal year beginning July 1, 3 2020, and ending June 30, 2021, 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 10 the supreme court, district court administrators, clerks of 11 the district court, juvenile court officers, board of law 12 examiners, board of examiners of shorthand reporters, and 13 commission on judicial qualifications; receipt and disbursement 14 of child support payments; reimbursement of the auditor 15 of state for expenses incurred in completing audits of the 16 offices of the clerks of the district court during the fiscal 17 year beginning July 1, 2020; and maintenance, equipment, and 18 miscellaneous purposes: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $188,442,452 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,350,000 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 5015XG (5) 88 ns/tm 1/ 6
S.F. _____ H.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. It is the intent of the general assembly that the offices 11 of the clerks of the district court operate in all 99 counties 12 and be accessible to the public as much as is reasonably 13 possible in order to address the relative needs of the citizens 14 of each county. An office of the clerk of the district court 15 shall be open regular courthouse hours. 16 6. In addition to the requirements for transfers under 17 section 8.39, the judicial branch shall not change the 18 appropriations from the amounts appropriated to the judicial 19 branch in this Act, unless notice of the revisions is given to 20 the legislative services agency prior to the effective date. 21 The notice shall include information on the branch’s rationale 22 for making the changes and details concerning the workload and 23 performance measures upon which the changes are based. 24 7. The judicial branch shall submit a semiannual update 25 to the legislative services agency specifying the amounts of 26 fines, surcharges, and court costs collected using the Iowa 27 court information system since the last report. The judicial 28 branch shall continue to facilitate the sharing of vital 29 sentencing and other information with other state departments 30 and governmental agencies involved in the criminal justice 31 system through the Iowa court information system. 32 8. The judicial branch shall provide a report to the general 33 assembly by January 1, 2021, concerning the amounts received 34 and expended from the enhanced court collections fund created 35 -2- LSB 5015XG (5) 88 ns/tm 2/ 6
S.F. _____ H.F. _____ in section 602.1304 and the court technology and modernization 1 fund created in section 602.8108, subsection 9, during the 2 fiscal year beginning July 1, 2019, and ending June 30, 2020, 3 and the plans for expenditures from each fund during the fiscal 4 year beginning July 1, 2020, and ending June 30, 2021. A copy 5 of the report shall be provided to the legislative services 6 agency. 7 Sec. 2. CIVIL TRIALS —— LOCATION. Notwithstanding any 8 provision to the contrary, for the fiscal year beginning July 9 1, 2020, and ending June 30, 2021, if all parties in a case 10 agree, a civil trial including a jury trial may take place in a 11 county contiguous to the county with proper jurisdiction, even 12 if the contiguous county is located in an adjacent judicial 13 district or judicial election district. If the trial is moved 14 pursuant to this section, court personnel shall treat the case 15 as if a change of venue occurred. However, if a trial is moved 16 to an adjacent judicial district or judicial election district, 17 the judicial officers serving in the judicial district or 18 judicial election district receiving the case shall preside 19 over the case. 20 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section 21 602.1509, for the fiscal year beginning July 1, 2020, and 22 ending June 30, 2021, a judicial officer may waive travel 23 reimbursement for any travel outside the judicial officer’s 24 county of residence to conduct official judicial business. 25 Sec. 4. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 26 the annual salary rates for judicial officers established by 27 2019 Iowa Acts, chapter 155, section 6, for the fiscal year 28 beginning July 1, 2020, and ending June 30, 2021, the supreme 29 court may by order place all judicial officers on unpaid leave 30 status on any day employees of the judicial branch are placed 31 on temporary layoff status. The biweekly pay of the judicial 32 officers shall be reduced accordingly for the pay period in 33 which the unpaid leave date occurred in the same manner as 34 for noncontract employees of the judicial branch. Through 35 -3- LSB 5015XG (5) 88 ns/tm 3/ 6
S.F. _____ H.F. _____ the course of the fiscal year, the judicial branch may use an 1 amount equal to the aggregate amount of salary reductions due 2 to the judicial officer unpaid leave days for any purpose other 3 than for judicial salaries. 4 Sec. 5. IOWA COMMUNICATIONS NETWORK. It is the intent 5 of the general assembly that the judicial branch utilize 6 the Iowa communications network or other secure electronic 7 communications in lieu of traveling for the fiscal year 8 beginning July 1, 2020, and ending June 30, 2021. 9 Sec. 6. NEW SECTION . 602.1306 Judicial branch gifts and 10 donations fund. 11 1. A judicial branch gifts and donations fund is established 12 in the state treasury under the control of the judicial 13 branch. The judicial branch may accept and receive donations, 14 gifts, grants, loans, and contributions from any public or 15 private source for deposit in the fund. Moneys in the fund 16 are appropriated to the judicial branch for the purpose of 17 supporting the activities of the judicial branch. 18 2. Notwithstanding section 8.33, moneys in the fund shall 19 not revert. Notwithstanding section 12C.7, subsection 2, 20 interest or earnings on moneys in the fund shall be credited 21 to the fund. 22 Sec. 7. EFFECTIVE DATE. The following, being deemed of 23 immediate importance, takes effect upon enactment: 24 The section of this Act enacting section 602.1306. 25 Sec. 8. RETROACTIVE APPLICABILITY. The following applies 26 retroactively to January 1, 2020: 27 The section of this Act enacting section 602.1306. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill makes appropriations to the judicial branch. 32 The bill appropriates moneys from the general fund 33 of the state for FY 2020-2021 to the judicial branch for 34 salaries, receipt and disbursement of child support payments, 35 -4- LSB 5015XG (5) 88 ns/tm 4/ 6
S.F. _____ H.F. _____ reimbursement of the auditor of state, maintenance, equipment, 1 and miscellaneous purposes, and for deposit in the revolving 2 fund created pursuant to Code section 602.1302(3) for certain 3 purposes. 4 The bill provides that a civil trial including a jury trial 5 may take place in a county contiguous to the county with proper 6 jurisdiction, even if the contiguous county is located in an 7 adjacent judicial district or judicial election district, if 8 all parties in a case agree. If a trial is moved to another 9 county that is located in another judicial district or judicial 10 election district, the judicial officers serving the judicial 11 district or judicial election district receiving the case shall 12 preside over the case. 13 The bill permits a judicial officer to waive travel 14 reimbursement for any travel outside the judicial officer’s 15 county of residence to conduct official business. 16 The bill allows a judicial officer to be placed on unpaid 17 leave 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 The bill creates a judicial branch gifts and donations 30 fund under the control of the judicial branch; authorizes the 31 judicial branch to accept and receive donations, gifts, grants, 32 loans, and contributions from any public or private source for 33 deposit in the fund; and appropriates moneys in the fund to the 34 judicial branch for the purpose of supporting the activities of 35 -5- LSB 5015XG (5) 88 ns/tm 5/ 6
S.F. _____ H.F. _____ the judicial branch. This provision of the bill takes effect 1 upon enactment and applies retroactively to January 1, 2020. 2 -6- LSB 5015XG (5) 88 ns/tm 6/ 6