Senate
Study
Bill
3153
-
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
5015XG
(6)
89
as/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
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
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$202,468,895
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
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
3,600,000
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
(6)
89
as/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
judicial
branch’s
22
rationale
for
making
the
changes
and
details
concerning
the
23
workload
and
performance
measures
upon
which
the
changes
are
24
based.
25
7.
The
judicial
branch
shall
submit
a
semiannual
update
26
to
the
legislative
services
agency
specifying
the
amounts
of
27
fines,
surcharges,
and
court
costs
collected
using
the
Iowa
28
court
information
system
since
the
last
report.
The
judicial
29
branch
shall
continue
to
facilitate
the
sharing
of
vital
30
sentencing
and
other
information
with
other
state
departments
31
and
governmental
agencies
involved
in
the
criminal
justice
32
system
through
the
Iowa
court
information
system.
33
8.
The
judicial
branch
shall
provide
a
report
to
the
general
34
assembly
and
the
department
of
management
by
January
1,
2023,
35
-2-
LSB
5015XG
(6)
89
as/tm
2/
6
S.F.
_____
H.F.
_____
concerning
the
amounts
received
and
expended
from
the
court
1
technology
and
modernization
fund
created
in
section
602.8108,
2
subsection
7,
during
the
fiscal
year
beginning
July
1,
2021,
3
and
ending
June
30,
2022,
and
the
plans
for
expenditures
from
4
each
fund
during
the
fiscal
year
beginning
July
1,
2022,
and
5
ending
June
30,
2023.
6
Sec.
2.
CIVIL
TRIALS
——
LOCATION.
Notwithstanding
any
7
provision
to
the
contrary,
for
the
fiscal
year
beginning
July
8
1,
2022,
and
ending
June
30,
2023,
if
all
parties
in
a
case
9
agree,
a
civil
trial
including
a
jury
trial
may
take
place
in
a
10
county
contiguous
to
the
county
with
proper
jurisdiction,
even
11
if
the
contiguous
county
is
located
in
an
adjacent
judicial
12
district
or
judicial
election
district.
If
the
trial
is
moved
13
pursuant
to
this
section,
court
personnel
shall
treat
the
case
14
as
if
a
change
of
venue
occurred.
15
Sec.
3.
TRAVEL
REIMBURSEMENT.
Notwithstanding
section
16
602.1509,
for
the
fiscal
year
beginning
July
1,
2022,
and
17
ending
June
30,
2023,
a
judicial
officer
may
waive
travel
18
reimbursement
for
any
travel
outside
the
judicial
officer’s
19
county
of
residence
to
conduct
official
judicial
business.
20
Sec.
4.
JUDICIAL
OFFICER
——
UNPAID
LEAVE.
Notwithstanding
21
the
annual
salary
rates
for
judicial
officers
established
by
22
2021
Iowa
Acts,
chapter
168,
section
6,
for
the
fiscal
year
23
beginning
July
1,
2022,
and
ending
June
30,
2023,
the
supreme
24
court
may
by
order
place
all
judicial
officers
on
unpaid
leave
25
status
on
any
day
employees
of
the
judicial
branch
are
placed
26
on
temporary
layoff
status.
The
biweekly
pay
of
the
judicial
27
officers
shall
be
reduced
accordingly
for
the
pay
period
in
28
which
the
unpaid
leave
date
occurred
in
the
same
manner
as
29
for
noncontract
employees
of
the
judicial
branch.
Through
30
the
course
of
the
fiscal
year,
the
judicial
branch
may
use
an
31
amount
equal
to
the
aggregate
amount
of
salary
reductions
due
32
to
the
judicial
officer
unpaid
leave
days
for
any
purpose
other
33
than
for
judicial
salaries.
34
Sec.
5.
IOWA
COMMUNICATIONS
NETWORK.
It
is
the
intent
35
-3-
LSB
5015XG
(6)
89
as/tm
3/
6
S.F.
_____
H.F.
_____
of
the
general
assembly
that
the
judicial
branch
utilize
1
the
Iowa
communications
network
or
other
secure
electronic
2
communications
in
lieu
of
traveling
for
the
fiscal
year
3
beginning
July
1,
2022,
and
ending
June
30,
2023.
4
Sec.
6.
Section
2.12,
subsection
4,
Code
2022,
is
amended
5
to
read
as
follows:
6
4.
There
is
appropriated
out
of
any
funds
in
the
state
7
treasury
not
otherwise
appropriated
such
sums
as
may
be
8
necessary
for
the
fiscal
year
budgets
of
the
legislative
9
services
agency
and
the
office
of
ombudsman
for
salaries,
10
support,
maintenance,
and
miscellaneous
purposes
to
carry
out
11
their
statutory
responsibilities.
The
legislative
services
12
agency
and
the
office
of
ombudsman
shall
submit
their
proposed
13
budgets
to
the
legislative
council
not
later
than
September
1
14
of
each
year.
The
legislative
council
shall
review
and
approve
15
the
proposed
budgets
not
later
than
December
1
of
each
year.
16
The
budget
approved
by
the
legislative
council
for
each
of
17
its
statutory
legislative
agencies
shall
be
transmitted
by
18
the
legislative
council
to
the
department
of
management
on
or
19
before
December
1
of
each
year
for
the
fiscal
year
beginning
20
July
1
of
the
following
year.
The
department
of
management
21
shall
submit
the
approved
budgets
received
from
the
legislative
22
council
to
the
governor
for
inclusion
in
the
governor’s
23
proposed
budget
for
the
succeeding
fiscal
year
.
The
approved
24
budgets
shall
also
be
submitted
to
the
chairpersons
of
the
25
committees
on
appropriations.
The
committees
on
appropriations
26
may
allocate
from
the
funds
appropriated
by
this
section
27
the
funds
contained
in
the
approved
budgets,
or
such
other
28
amounts
as
specified,
pursuant
to
a
concurrent
resolution
to
be
29
approved
by
both
houses
of
the
general
assembly.
The
director
30
of
the
department
of
administrative
services
shall
issue
31
warrants
for
salaries,
support,
maintenance,
and
miscellaneous
32
purposes
upon
requisition
by
the
administrative
head
of
each
33
statutory
legislative
agency.
If
the
legislative
council
34
elects
to
change
the
approved
budget
for
a
legislative
agency
35
-4-
LSB
5015XG
(6)
89
as/tm
4/
6
S.F.
_____
H.F.
_____
prior
to
July
1,
the
legislative
council
shall
transmit
the
1
amount
of
the
budget
revision
to
the
department
of
management
2
prior
to
July
1
of
the
fiscal
year,
however,
if
the
general
3
assembly
approved
the
budget
it
cannot
be
changed
except
4
pursuant
to
a
concurrent
resolution
approved
by
the
general
5
assembly.
6
Sec.
7.
Section
602.1301,
subsection
2,
paragraph
b,
Code
7
2022,
is
amended
to
read
as
follows:
8
b.
Before
December
1,
the
supreme
court
shall
submit
to
9
the
director
of
the
department
of
management
an
estimate
of
10
the
total
expenditure
requirements
of
the
judicial
branch.
11
The
director
of
the
department
of
management
shall
submit
12
this
estimate
received
from
the
supreme
court
to
the
governor
13
for
inclusion
without
change
in
the
governor’s
proposed
14
budget
for
the
succeeding
fiscal
year
.
The
estimate
shall
15
also
be
submitted
to
the
chairpersons
of
the
committees
on
16
appropriations.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
makes
appropriations
to
the
judicial
branch.
21
The
bill
appropriates
from
the
general
fund
of
the
state
for
22
FY
2022-2023
to
the
judicial
branch
for
salaries,
receipt
and
23
disbursement
of
child
support
payments,
reimbursement
of
the
24
auditor
of
state,
maintenance,
equipment,
and
miscellaneous
25
purposes,
and
for
deposit
in
the
revolving
fund
created
26
pursuant
to
Code
section
602.1302(3)
for
certain
purposes.
27
The
bill
provides
that
a
civil
trial
including
a
jury
trial
28
may
take
place
in
a
county
contiguous
to
the
county
with
proper
29
jurisdiction,
even
if
the
contiguous
county
is
located
in
an
30
adjacent
judicial
district
or
judicial
election
district,
if
31
all
the
parties
in
a
case
agree.
If
a
trial
is
moved
to
another
32
county
that
is
located
in
another
judicial
district
or
judicial
33
election
district,
the
judicial
officers
serving
the
judicial
34
district
or
judicial
election
district
receiving
the
case
shall
35
-5-
LSB
5015XG
(6)
89
as/tm
5/
6
S.F.
_____
H.F.
_____
preside
over
the
case.
1
The
bill
permits
a
judicial
officer
to
waive
travel
2
reimbursement
for
any
travel
outside
the
judicial
officer’s
3
county
of
residence
to
conduct
official
business.
4
The
bill
allows
a
judicial
officer
to
be
placed
on
unpaid
5
leave
for
the
fiscal
year
beginning
July
1,
2022,
on
any
day
a
6
court
employee
is
required
to
furlough.
The
bill
provides
that
7
if
a
judicial
officer
is
placed
on
unpaid
leave,
the
salary
of
8
the
judicial
officer
shall
be
reduced
accordingly
for
the
pay
9
period
in
which
the
unpaid
leave
occurred.
Through
the
course
10
of
the
fiscal
year,
the
bill
provides
that
the
judicial
branch
11
may
use
an
amount
equal
to
the
aggregate
amount
of
the
salary
12
reductions
due
to
judicial
officer
unpaid
leave
for
any
purpose
13
other
than
judicial
salaries.
14
The
bill
states
legislative
intent
that
the
judicial
15
branch
utilize
the
Iowa
communications
network
or
other
secure
16
electronic
communications
in
lieu
of
traveling.
17
Currently,
the
department
of
management
receives
annual
18
budgets
of
the
legislative
branch
which
are
submitted
to
the
19
governor
for
inclusion
in
the
governor’s
annual
proposed
20
budget.
The
bill
eliminates
the
requirement
that
budgets
21
approved
by
the
legislative
council
be
included
in
the
22
governor’s
proposed
budget.
The
approved
budgets
must
only
be
23
submitted
to
the
governor.
24
Currently,
the
department
of
management
receives
annual
25
expenditure
estimates
from
the
judicial
branch
which
are
26
submitted
to
the
governor
for
inclusion
in
the
governor’s
27
annual
proposed
budget.
The
bill
eliminates
the
requirement
28
that
the
estimates
be
included
in
the
governor’s
budget.
The
29
estimates
must
only
be
submitted
to
the
governor.
30
-6-
LSB
5015XG
(6)
89
as/tm
6/
6