Senate File 511 - Reprinted SENATE FILE 511 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 1197) (As Amended and Passed by the Senate March 23, 2011 ) A BILL FOR An Act relating to and making appropriations to the judicial 1 branch. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 SF 511 (4) 84 jm/jp
S.F. 511 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 2011, and ending June 30, 2012, the following amount, 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 judicial magistrates and staff, state court administrator, 9 clerk of the supreme court, district court administrators, 10 clerks of the district court, juvenile court officers, board of 11 law examiners and board of examiners of shorthand reporters and 12 judicial qualifications commission; receipt and disbursement 13 of child support payments; reimbursement of the auditor 14 of state for expenses incurred in completing audits of the 15 offices of the clerks of the district court during the fiscal 16 year beginning July 1, 2011; and maintenance, equipment, and 17 miscellaneous purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $154,221,822 19 b. For deposit in the revolving fund created pursuant 20 to section 602.1302, subsection 3, for jury and witness 21 fees, mileage, costs related to summoning jurors, fees for 22 interpreters, and reimbursement of attorney fees paid by the 23 state public defender: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,300,000 25 2. The judicial branch, except for purposes of internal 26 processing, shall use the current state budget system, the 27 state payroll system, and the Iowa finance and accounting 28 system in administration of programs and payments for services, 29 and shall not duplicate the state payroll, accounting, and 30 budgeting systems. 31 3. The judicial branch shall submit monthly financial 32 statements to the legislative services agency and the 33 department of management containing all appropriated accounts 34 in the same manner as provided in the monthly financial status 35 -1- SF 511 (4) 84 jm/jp 1/ 4
S.F. 511 reports and personal services usage reports of the department 1 of administrative services. The monthly financial statements 2 shall include a comparison of the dollars and percentage 3 spent of budgeted versus actual revenues and expenditures on 4 a cumulative basis for full-time equivalent positions and 5 dollars. 6 4. The judicial branch shall focus efforts upon the 7 collection of delinquent fines, penalties, court costs, fees, 8 surcharges, or similar amounts. 9 5. In addition to the requirements for transfers under 10 section 8.39, the judicial branch shall not change the 11 appropriations from the amounts appropriated to the judicial 12 branch in this Act, unless notice of the revisions is given 13 prior to their effective date to the legislative services 14 agency. The notice shall include information on the branch’s 15 rationale for making the changes and details concerning the 16 workload and performance measures upon which the changes are 17 based. 18 6. The judicial branch shall submit a semiannual update 19 to the legislative services agency specifying the amounts of 20 fines, surcharges, and court costs collected using the Iowa 21 court information system since the last report. The judicial 22 branch shall continue to facilitate the sharing of vital 23 sentencing and other information with other state departments 24 and governmental agencies involved in the criminal justice 25 system through the Iowa court information system. 26 7. The judicial branch shall provide a report to the general 27 assembly by January 1, 2012, concerning the amounts received 28 and expended from the enhanced court collections fund created 29 in section 602.1304 and the court technology and modernization 30 fund created in section 602.8108, subsection 7, during the 31 fiscal year beginning July 1, 2010, and ending June 30, 2011, 32 and the plans for expenditures from each fund during the fiscal 33 year beginning July 1, 2011, and ending June 30, 2012. A copy 34 of the report shall be provided to the legislative services 35 -2- SF 511 (4) 84 jm/jp 2/ 4
S.F. 511 agency. 1 8. The judicial branch is encouraged to purchase products 2 from Iowa state industries, as defined in section 904.802, when 3 purchases are required and the products are available from Iowa 4 state industries. The judicial branch shall obtain bids from 5 Iowa state industries for purchases of office furniture during 6 the fiscal year beginning July 1, 2011, exceeding $5,000. 7 9. It is the intent of the general assembly that the offices 8 of the clerks of the district court operate in all 99 counties 9 and be accessible to the public as much as is reasonably 10 possible in order to address the relative needs of the citizens 11 of each county. 12 Sec. 2. CIVIL TRIALS —— LOCATION. Notwithstanding any 13 provision to the contrary, for the fiscal year beginning July 14 1, 2011, and ending June 30, 2012, if all parties in a case 15 agree, a civil trial including a jury trial may take place in a 16 county contiguous to the county with proper jurisdiction, even 17 if the contiguous county is located in an adjacent judicial 18 district or judicial election district. If the trial is moved 19 pursuant to this section, court personnel shall treat the case 20 as if a change of venue occurred. However, if a trial is moved 21 to an adjacent judicial district or judicial election district, 22 the judicial officers serving in the judicial district or 23 judicial election district receiving the case shall preside 24 over the case. 25 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section 26 602.1509, for the fiscal year beginning July 1, 2011, a 27 judicial officer may waive travel reimbursement for any travel 28 outside the judicial officer’s county of residence to conduct 29 official judicial business. 30 Sec. 4. POSTING OF REPORTS IN ELECTRONIC FORMAT —— 31 LEGISLATIVE SERVICES AGENCY. All reports or copies of reports 32 required to be provided by the judicial branch for fiscal year 33 2011-2012 to the legislative services agency shall be provided 34 in an electronic format. The legislative services agency shall 35 -3- SF 511 (4) 84 jm/jp 3/ 4
S.F. 511 post the reports on its internet website and shall notify by 1 electronic means all the members of the joint appropriations 2 subcommittee on the justice system when a report is posted. 3 Upon request, copies of the reports may be mailed to members of 4 the joint appropriations subcommittee on the justice system. 5 Sec. 5. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 6 the annual salary rates for judicial officers established by 7 2008 Iowa Acts, chapter 1191, section 11, for the fiscal year 8 beginning July 1, 2011, and ending June 30, 2012, the supreme 9 court may by order place all judicial officers on unpaid leave 10 status on any day employees of the judicial branch are placed 11 on temporary layoff status. The biweekly pay of the judicial 12 officers shall be reduced accordingly for the pay period in 13 which the unpaid leave date occurred in the same manner as 14 for noncontract employees of the judicial branch. Through 15 the course of the fiscal year, the judicial branch may use an 16 amount equal to the aggregate amount of salary reductions due 17 to the judicial officer unpaid leave days for any purpose other 18 than for judicial salaries. 19 Sec. 6. IOWA COMMUNICATIONS NETWORK. It is the intent 20 of the general assembly that the judicial branch utilize 21 the Iowa communications network or other secure electronic 22 communications in lieu of traveling for the fiscal year 23 beginning July 1, 2011. 24 -4- SF 511 (4) 84 jm/jp 4/ 4