House File 2558 - Introduced HOUSE FILE 2558 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO LSB 5006HB) 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 5006HV (1) 89 as/tm
H.F. 2558 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 2022, and ending June 30, 2023, 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, 2022; and maintenance, equipment, and 18 miscellaneous purposes: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $194,031,188 20 From the moneys appropriated in this paragraph, the 21 judicial branch shall fund the appointment of four new district 22 associate judge positions and the associated support staff. 23 b. For deposit in the revolving fund created pursuant to 24 section 602.1302, subsection 3, for jury and witness fees, 25 mileage, costs related to summoning jurors, costs and fees for 26 interpreters and translators, and reimbursement of attorney 27 fees paid by the state public defender: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,600,000 29 c. For a 5.9 percent salary increase for all state court 30 justices, judges, and magistrates: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,969,362 32 2. The judicial branch, except for purposes of internal 33 processing, shall use the current state budget system, the 34 state payroll system, and the Iowa finance and accounting 35 -1- LSB 5006HV (1) 89 as/tm 1/ 5
H.F. 2558 system in administration of programs and payments for services, 1 and shall not duplicate the state payroll, accounting, and 2 budgeting systems. 3 3. The judicial branch shall submit monthly financial 4 statements to the legislative services agency and the 5 department of management containing all appropriated accounts 6 in the same manner as provided in the monthly financial status 7 reports and personal services usage reports of the department 8 of administrative services. The monthly financial statements 9 shall include a comparison of the dollars and percentage 10 spent of budgeted versus actual revenues and expenditures on 11 a cumulative basis for full-time equivalent positions and 12 dollars. 13 4. The judicial branch shall focus efforts upon the 14 collection of delinquent fines, penalties, court costs, fees, 15 surcharges, or similar amounts. 16 5. It is the intent of the general assembly that the offices 17 of the clerks of the district court operate in all 99 counties 18 and be accessible to the public as much as is reasonably 19 possible in order to address the relative needs of the citizens 20 of each county. An office of the clerk of the district court 21 shall be open regular courthouse hours. 22 6. In addition to the requirements for transfers under 23 section 8.39, the judicial branch shall not change the 24 appropriations from the amounts appropriated to the judicial 25 branch in this Act, unless notice of the revisions is given to 26 the legislative services agency prior to the effective date. 27 The notice shall include information on the judicial branch’s 28 rationale for making the changes and details concerning the 29 workload and performance measures upon which the changes are 30 based. 31 7. The judicial branch shall submit a semiannual update 32 to the legislative services agency specifying the amounts of 33 fines, surcharges, and court costs collected using the Iowa 34 court information system since the last report. The judicial 35 -2- LSB 5006HV (1) 89 as/tm 2/ 5
H.F. 2558 branch shall continue to facilitate the sharing of vital 1 sentencing and other information with other state departments 2 and governmental agencies involved in the criminal justice 3 system through the Iowa court information system. 4 8. The judicial branch shall provide a report to the general 5 assembly by January 1, 2023, concerning the amounts received 6 and expended from the court technology and modernization fund 7 created in section 602.8108, subsection 7, during the fiscal 8 year beginning July 1, 2021, and ending June 30, 2022, and the 9 plans for expenditures from each fund during the fiscal year 10 beginning July 1, 2022, and ending June 30, 2023. 11 Sec. 2. CIVIL TRIALS —— LOCATION. Notwithstanding any 12 provision to the contrary, for the fiscal year beginning July 13 1, 2022, and ending June 30, 2023, if all parties in a case 14 agree, a civil trial including a jury trial may take place in a 15 county contiguous to the county with proper jurisdiction, even 16 if the contiguous county is located in an adjacent judicial 17 district or judicial election district. If the trial is moved 18 pursuant to this section, court personnel shall treat the case 19 as if a change of venue occurred. 20 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section 21 602.1509, for the fiscal year beginning July 1, 2022, and 22 ending June 30, 2023, 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 2021 Iowa Acts, chapter 168, section 6, for the fiscal year 28 beginning July 1, 2022, and ending June 30, 2023, 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 5006HV (1) 89 as/tm 3/ 5
H.F. 2558 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, 2022, and ending June 30, 2023. 9 Sec. 6. Section 602.9116, Code 2022, is amended by adding 10 the following new subsection: 11 NEW SUBSECTION . 3. The court administrator shall submit 12 to the general assembly a copy of each actuarial valuation and 13 annual actuarial update. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill makes appropriations to the judicial branch. 18 The bill appropriates from the general fund of the state for 19 FY 2022-2023 to the judicial branch for salaries, receipt and 20 disbursement of child support payments, reimbursement of the 21 auditor of state, maintenance, equipment, and miscellaneous 22 purposes, for deposit in the revolving fund created pursuant to 23 Code section 602.1302(3) for certain purposes, and for a 5.9 24 percent salary increase for state court justices, judges, and 25 magistrates. 26 The bill provides that a civil trial including a jury trial 27 may take place in a county contiguous to the county with proper 28 jurisdiction, even if the contiguous county is located in an 29 adjacent judicial district or judicial election district, if 30 all the parties in a case agree. If a trial is moved to another 31 county that is located in another judicial district or judicial 32 election district, the judicial officers serving the judicial 33 district or judicial election district receiving the case shall 34 preside over the case. 35 -4- LSB 5006HV (1) 89 as/tm 4/ 5
H.F. 2558 The bill permits a judicial officer to waive travel 1 reimbursement for any travel outside the judicial officer’s 2 county of residence to conduct official business. 3 The bill allows a judicial officer to be placed on unpaid 4 leave for the fiscal year beginning July 1, 2022, on any day a 5 court employee is required to furlough. The bill provides that 6 if a judicial officer is placed on unpaid leave, the salary of 7 the judicial officer shall be reduced accordingly for the pay 8 period in which the unpaid leave occurred. Through the course 9 of the fiscal year, the bill provides that the judicial branch 10 may use an amount equal to the aggregate amount of the salary 11 reductions due to judicial officer unpaid leave for any purpose 12 other than judicial salaries. 13 The bill states legislative intent that the judicial 14 branch utilize the Iowa communications network or other secure 15 electronic communications in lieu of traveling. 16 The bill requires the court administrator to provide the 17 general assembly with a copy of each actuarial valuation and 18 annual actuarial update. 19 -5- LSB 5006HV (1) 89 as/tm 5/ 5