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
  5 jm/pj/5

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
  4 25 jm:mg/es/25