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