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