House File 807 - Reprinted
HOUSE FILE
BY COMMITTEE ON APPROPRIATIONS
(SUCCESSOR TO HSB 275)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to and making appropriations to the judicial
2 branch, and providing an effective date.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1090HV 81
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PAG LIN
1 1 JUDICIAL BRANCH
1 2 Section 1. JUDICIAL BRANCH.
1 3 1. There is appropriated from the general fund of the
1 4 state to the judicial branch for the fiscal year beginning
1 5 July 1, 2005, and ending June 30, 2006, the following amount,
1 6 or so much thereof as is necessary, to be used for the
1 7 purposes designated:
1 8 For salaries of supreme court justices, appellate court
1 9 judges, district court judges, district associate judges,
1 10 judicial magistrates and staff, state court administrator,
1 11 clerk of the supreme court, district court administrators,
1 12 clerks of the district court, juvenile court officers, board
1 13 of law examiners and board of examiners of shorthand reporters
1 14 and judicial qualifications commission, receipt and
1 15 disbursement of child support payments, reimbursement of the
1 16 auditor of state for expenses incurred in completing audits of
1 17 the offices of the clerks of the district court during the
1 18 fiscal year beginning July 1, 2005, and maintenance,
1 19 equipment, and miscellaneous purposes:
1 20 .................................................. $118,084,282
1 21 2. In addition to the funds appropriated in subsection 1,
1 22 there is appropriated from the general fund of the state to
1 23 the judicial branch for the fiscal year beginning July 1,
1 24 2004, and ending June 30, 2005, an amount not exceeding
1 25 $600,000 to be used to enhance court technology. The funds
1 26 appropriated in this subsection are contingent upon receipt by
1 27 the general fund of the state of an amount at least equal to
1 28 the expenditure amount from costs or attorney fees awarded the
1 29 state in settlement of its antitrust action against Microsoft
1 30 brought under chapter 553. However, if the amounts received
1 31 as a result of this settlement are in excess of $600,000, the
1 32 excess amounts shall not be appropriated to the judicial
1 33 branch pursuant to this subsection. Notwithstanding section
1 34 8.33, moneys appropriated in this subsection that remain
1 35 unencumbered or unobligated at the close of the fiscal year
2 1 shall not revert but shall remain available for expenditure
2 2 for the purposes designated until expended.
2 3 3. The judicial branch, except for purposes of internal
2 4 processing, shall use the current state budget system, the
2 5 state payroll system, and the Iowa finance and accounting
2 6 system in administration of programs and payments for
2 7 services, and shall not duplicate the state payroll,
2 8 accounting, and budgeting systems.
2 9 4. The judicial branch shall submit monthly financial
2 10 statements to the legislative services agency and the
2 11 department of management containing all appropriated accounts
2 12 in the same manner as provided in the monthly financial status
2 13 reports and personal services usage reports of the department
2 14 of administrative services. The monthly financial statements
2 15 shall include a comparison of the dollars and percentage spent
2 16 of budgeted versus actual revenues and expenditures on a
2 17 cumulative basis for full=time equivalent positions and
2 18 dollars.
2 19 5. The judicial branch shall focus efforts upon the
2 20 collection of delinquent fines, penalties, court costs, fees,
2 21 surcharges, or similar amounts.
2 22 6. It is the intent of the general assembly that the
2 23 offices of the clerks of the district court operate in all
2 24 ninety=nine counties and be accessible to the public as much
2 25 as is reasonably possible in order to address the relative
2 26 needs of the citizens of each county.
2 27 7. The judicial branch shall study the best practices and
2 28 efficiencies of each judicial district. In identifying the
2 29 most efficient judicial districts and the districts using best
2 30 practices, the judicial branch shall consider the average cost
2 31 to the judicial branch for processing each classification of
2 32 criminal offense or civil action and the overall number of
2 33 cases filed. The judicial branch shall file a report
2 34 regarding the study made and actions taken pursuant to this
2 35 subsection with the cochairpersons and ranking members of the
3 1 joint appropriations subcommittee on the justice system and to
3 2 the legislative services agency by December 15, 2005.
3 3 8. In addition to the requirements for transfers under
3 4 section 8.39, the judicial branch shall not change the
3 5 appropriations from the amounts appropriated to the judicial
3 6 branch in this Act, unless notice of the revisions is given
3 7 prior to their effective date to the legislative services
3 8 agency. The notice shall include information on the branch's
3 9 rationale for making the changes and details concerning the
3 10 workload and performance measures upon which the changes are
3 11 based.
3 12 9. The judicial branch shall submit a semiannual update to
3 13 the legislative services agency specifying the amounts of
3 14 fines, surcharges, and court costs collected using the Iowa
3 15 court information system since the last report. The judicial
3 16 branch shall continue to facilitate the sharing of vital
3 17 sentencing and other information with other state departments
3 18 and governmental agencies involved in the criminal justice
3 19 system through the Iowa court information system.
3 20 10. The judicial branch shall provide a report to the
3 21 general assembly by January 1, 2006, concerning the amounts
3 22 received and expended from the enhanced court collections fund
3 23 created in section 602.1304 and the court technology and
3 24 modernization fund created in section 602.8108, subsection 5,
3 25 during the fiscal year beginning July 1, 2004, and ending June
3 26 30, 2005, and the plans for expenditures from each fund during
3 27 the fiscal year beginning July 1, 2005, and ending June 30,
3 28 2006. A copy of the report shall be provided to the
3 29 legislative services agency.
3 30 Sec. 2. JUDICIAL RETIREMENT FUND. There is appropriated
3 31 from the general fund of the state to the judicial retirement
3 32 fund for the fiscal year beginning July 1, 2005, and ending
3 33 June 30, 2006, the following amount, or so much thereof as is
3 34 necessary, to be used for the purpose designated:
3 35 Notwithstanding section 602.9104, for the state's
4 1 contribution to the judicial retirement fund in the amount of
4 2 9.7 percent of the basic salaries of the judges covered under
4 3 chapter 602, article 9:
4 4 .................................................. $ 2,039,664
4 5 Sec. 3. APPOINTMENT OF CLERK OF COURT. The appointment of
4 6 a clerk of the district court shall not occur unless the state
4 7 court administrator approves the appointment.
4 8 Sec. 4. POSTING OF REPORTS IN ELECTRONIC FORMAT ==
4 9 LEGISLATIVE SERVICES AGENCY. All reports or copies of reports
4 10 required to be provided by the judicial branch for fiscal year
4 11 2005=2006 to the legislative services agency shall be provided
4 12 in an electronic format. The legislative services agency
4 13 shall post the reports on its internet site and shall notify
4 14 by electronic means all the members of the joint
4 15 appropriations subcommittee on the justice system when a
4 16 report is posted. Upon request, copies of the reports may be
4 17 mailed to members of the joint appropriations subcommittee on
4 18 the justice system.
4 19 Sec. 5. EFFECTIVE DATE. The section of this Act
4 20 appropriating funds that are contingent upon the general fund
4 21 of the state receiving funds from the Microsoft settlement,
4 22 being deemed of immediate importance, takes effect upon
4 23 enactment.
4 24 HF 807
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