Senate File 508 - Reprinted SENATE FILE 508 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 1194) (As Amended and Passed by the Senate April 17, 2017 ) 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 SF 508 (2) 87 jm/rn/jh
S.F. 508 DIVISION I 1 FY 2017-2018 2 Section 1. JUDICIAL BRANCH. 3 1. There is appropriated from the general fund of the state 4 to the judicial branch for the fiscal year beginning July 1, 5 2017, and ending June 30, 2018, the following amounts, or so 6 much thereof as is necessary, to be used for the purposes 7 designated: 8 a. For salaries of supreme court justices, appellate court 9 judges, district court judges, district associate judges, 10 associate juvenile judges, associate probate judges, judicial 11 magistrates and staff, state court administrator, clerk of the 12 supreme court, district court administrators, clerks of the 13 district court, juvenile court officers, board of law examiners 14 and board of examiners of shorthand reporters and judicial 15 qualifications commission; receipt and disbursement of child 16 support payments; reimbursement of the auditor of state for 17 expenses incurred in completing audits of the offices of the 18 clerks of the district court during the fiscal year beginning 19 July 1, 2017; and maintenance, equipment, and miscellaneous 20 purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $175,686,612 22 b. For deposit in the revolving fund created pursuant to 23 section 602.1302, subsection 3 , for jury and witness fees, 24 mileage, costs related to summoning jurors, costs and fees for 25 interpreters and translators, and reimbursement of attorney 26 fees paid by the state public defender: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,100,000 28 2. The judicial branch, except for purposes of internal 29 processing, shall use the current state budget system, the 30 state payroll system, and the Iowa finance and accounting 31 system in administration of programs and payments for services, 32 and shall not duplicate the state payroll, accounting, and 33 budgeting systems. 34 3. The judicial branch shall submit monthly financial 35 -1- SF 508 (2) 87 jm/rn/jh 1/ 9
S.F. 508 statements to the legislative services agency and the 1 department of management containing all appropriated accounts 2 in the same manner as provided in the monthly financial status 3 reports and personal services usage reports of the department 4 of administrative services. The monthly financial statements 5 shall include a comparison of the dollars and percentage 6 spent of budgeted versus actual revenues and expenditures on 7 a cumulative basis for full-time equivalent positions and 8 dollars. 9 4. The judicial branch shall focus efforts upon the 10 collection of delinquent fines, penalties, court costs, fees, 11 surcharges, or similar amounts. 12 5. It is the intent of the general assembly that the offices 13 of the clerks of the district court operate in all 99 counties 14 and be accessible to the public as much as is reasonably 15 possible in order to address the relative needs of the citizens 16 of each county. 17 6. In addition to the requirements for transfers under 18 section 8.39 , the judicial branch shall not change the 19 appropriations from the amounts appropriated to the judicial 20 branch in this division of this Act, unless notice of the 21 revisions is given prior to their effective date to the 22 legislative services agency. The notice shall include 23 information on the branch’s rationale for making the changes 24 and details concerning the workload and performance measures 25 upon which the changes are based. 26 7. The judicial branch shall submit a semiannual update 27 to the legislative services agency specifying the amounts of 28 fines, surcharges, and court costs collected using the Iowa 29 court information system since the last report. The judicial 30 branch shall continue to facilitate the sharing of vital 31 sentencing and other information with other state departments 32 and governmental agencies involved in the criminal justice 33 system through the Iowa court information system. 34 8. The judicial branch shall provide a report to the general 35 -2- SF 508 (2) 87 jm/rn/jh 2/ 9
S.F. 508 assembly by January 1, 2018, concerning the amounts received 1 and expended from the enhanced court collections fund created 2 in section 602.1304 and the court technology and modernization 3 fund created in section 602.8108, subsection 9 , during the 4 fiscal year beginning July 1, 2016, and ending June 30, 2017, 5 and the plans for expenditures from each fund during the fiscal 6 year beginning July 1, 2017, and ending June 30, 2018. A copy 7 of the report shall be provided to the legislative services 8 agency. 9 Sec. 2. 2013 Iowa Acts, chapter 140, section 40, subsection 10 3, is amended to read as follows: 11 3. Notwithstanding subsections 1 and 2, in the fiscal 12 year beginning July 1, 2017, and ending June 30, 2018, the 13 supreme court may increase the annual salary rates specified 14 in subsection 2, by an amount not to exceed two and one-half 15 percent of the salary rate established for each judicial 16 position in subsection 2. Persons receiving the salary rates 17 established under this section shall not receive any additional 18 salary adjustments provided by this Act other than those 19 provided by this subsection . 20 Sec. 3. CIVIL TRIALS —— LOCATION. Notwithstanding any 21 provision to the contrary, for the fiscal year beginning July 22 1, 2017, and ending June 30, 2018, if all parties in a case 23 agree, a civil trial including a jury trial may take place in a 24 county contiguous to the county with proper jurisdiction, even 25 if the contiguous county is located in an adjacent judicial 26 district or judicial election district. If the trial is moved 27 pursuant to this section, court personnel shall treat the case 28 as if a change of venue occurred. However, if a trial is moved 29 to an adjacent judicial district or judicial election district, 30 the judicial officers serving in the judicial district or 31 judicial election district receiving the case shall preside 32 over the case. 33 Sec. 4. TRAVEL REIMBURSEMENT. Notwithstanding section 34 602.1509 , for the fiscal year beginning July 1, 2017, and 35 -3- SF 508 (2) 87 jm/rn/jh 3/ 9
S.F. 508 ending June 30, 2018, a judicial officer may waive travel 1 reimbursement for any travel outside the judicial officer’s 2 county of residence to conduct official judicial business. 3 Sec. 5. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 4 the annual salary rates for judicial officers established by 5 2013 Iowa Acts, chapter 140, section 40, for the fiscal year 6 beginning July 1, 2017, and ending June 30, 2018, the supreme 7 court may by order place all judicial officers on unpaid leave 8 status on any day employees of the judicial branch are placed 9 on temporary layoff status. The biweekly pay of the judicial 10 officers shall be reduced accordingly for the pay period in 11 which the unpaid leave date occurred in the same manner as 12 for noncontract employees of the judicial branch. Through 13 the course of the fiscal year, the judicial branch may use an 14 amount equal to the aggregate amount of salary reductions due 15 to the judicial officer unpaid leave days for any purpose other 16 than for judicial salaries. 17 Sec. 6. IOWA COMMUNICATIONS NETWORK. It is the intent 18 of the general assembly that the judicial branch utilize 19 the Iowa communications network or other secure electronic 20 communications in lieu of traveling for the fiscal year 21 beginning July 1, 2017, and ending June 30, 2018. 22 Sec. 7. ENHANCED COURT COLLECTIONS FUND AND COURT 23 TECHNOLOGY AND MODERNIZATION FUND. Notwithstanding section 24 602.1304, subsection 2, paragraph “c”, and section 602.8108, 25 subsection 9, for the fiscal year beginning July 1, 2017, and 26 ending June 30, 2018, in addition to the purposes specified 27 in section 602.1304, subsection 2, paragraph “c”, and in 28 section 602.8108, subsection 9, the moneys in the funds may be 29 used by the judicial branch for operational costs and other 30 miscellaneous purposes and duties. 31 Sec. 8. TOTAL EXPENDITURE REQUIREMENTS OF JUDICIAL BRANCH 32 —— DEPARTMENT OF MANAGEMENT. When the supreme court submits to 33 the director of the department of management an estimate of the 34 total expenditure requirements of the judicial branch pursuant 35 -4- SF 508 (2) 87 jm/rn/jh 4/ 9
S.F. 508 to section 602.1301, subsection 2, paragraph “b”, before 1 December 1, 2017, for the succeeding fiscal year, the director 2 of the department of management shall submit the estimate 3 received from the supreme court for inclusion without change 4 in the governor’s proposed budget for the succeeding fiscal 5 year, except that portion of the total expenditure requirements 6 that includes any increase of the salary rate for a judicial 7 position established in 2013 Iowa Acts, chapter 140, section 8 40, which shall not be included in the governor’s proposed 9 budget for the succeeding fiscal year. 10 DIVISION II 11 FY 2018-2019 12 Sec. 9. JUDICIAL BRANCH. 13 1. There is appropriated from the general fund of the state 14 to the judicial branch for the fiscal year beginning July 1, 15 2018, and ending June 30, 2019, the following amounts, or so 16 much thereof as is necessary, to be used for the purposes 17 designated: 18 a. For salaries of supreme court justices, appellate court 19 judges, district court judges, district associate judges, 20 associate juvenile judges, associate probate judges, judicial 21 magistrates and staff, state court administrator, clerk of the 22 supreme court, district court administrators, clerks of the 23 district court, juvenile court officers, board of law examiners 24 and board of examiners of shorthand reporters and judicial 25 qualifications commission; receipt and disbursement of child 26 support payments; reimbursement of the auditor of state for 27 expenses incurred in completing audits of the offices of the 28 clerks of the district court during the fiscal year beginning 29 July 1, 2018; and maintenance, equipment, and miscellaneous 30 purposes: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 87,843,306 32 b. For deposit in the revolving fund created pursuant to 33 section 602.1302, subsection 3 , for jury and witness fees, 34 mileage, costs related to summoning jurors, costs and fees for 35 -5- SF 508 (2) 87 jm/rn/jh 5/ 9
S.F. 508 interpreters and translators, and reimbursement of attorney 1 fees paid by the state public defender: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,550,000 3 2. The judicial branch, except for purposes of internal 4 processing, shall use the current state budget system, the 5 state payroll system, and the Iowa finance and accounting 6 system in administration of programs and payments for services, 7 and shall not duplicate the state payroll, accounting, and 8 budgeting systems. 9 3. The judicial branch shall submit monthly financial 10 statements to the legislative services agency and the 11 department of management containing all appropriated accounts 12 in the same manner as provided in the monthly financial status 13 reports and personal services usage reports of the department 14 of administrative services. The monthly financial statements 15 shall include a comparison of the dollars and percentage 16 spent of budgeted versus actual revenues and expenditures on 17 a cumulative basis for full-time equivalent positions and 18 dollars. 19 4. The judicial branch shall focus efforts upon the 20 collection of delinquent fines, penalties, court costs, fees, 21 surcharges, or similar amounts. 22 5. It is the intent of the general assembly that the offices 23 of the clerks of the district court operate in all 99 counties 24 and be accessible to the public as much as is reasonably 25 possible in order to address the relative needs of the citizens 26 of each county. 27 6. In addition to the requirements for transfers under 28 section 8.39 , the judicial branch shall not change the 29 appropriations from the amounts appropriated to the judicial 30 branch in this division of this Act, unless notice of the 31 revisions is given prior to their effective date to the 32 legislative services agency. The notice shall include 33 information on the branch’s rationale for making the changes 34 and details concerning the workload and performance measures 35 -6- SF 508 (2) 87 jm/rn/jh 6/ 9
S.F. 508 upon which the changes are based. 1 7. The judicial branch shall submit a semiannual update 2 to the legislative services agency specifying the amounts of 3 fines, surcharges, and court costs collected using the Iowa 4 court information system since the last report. The judicial 5 branch shall continue to facilitate the sharing of vital 6 sentencing and other information with other state departments 7 and governmental agencies involved in the criminal justice 8 system through the Iowa court information system. 9 8. The judicial branch shall provide a report to the general 10 assembly by January 1, 2019, concerning the amounts received 11 and expended from the enhanced court collections fund created 12 in section 602.1304 and the court technology and modernization 13 fund created in section 602.8108, subsection 9 , during the 14 fiscal year beginning July 1, 2017, and ending June 30, 2018, 15 and the plans for expenditures from each fund during the fiscal 16 year beginning July 1, 2018, and ending June 30, 2019. A copy 17 of the report shall be provided to the legislative services 18 agency. 19 Sec. 10. CIVIL TRIALS —— LOCATION. Notwithstanding any 20 provision to the contrary, for the fiscal year beginning July 21 1, 2018, and ending June 30, 2019, if all parties in a case 22 agree, a civil trial including a jury trial may take place in a 23 county contiguous to the county with proper jurisdiction, even 24 if the contiguous county is located in an adjacent judicial 25 district or judicial election district. If the trial is moved 26 pursuant to this section, court personnel shall treat the case 27 as if a change of venue occurred. However, if a trial is moved 28 to an adjacent judicial district or judicial election district, 29 the judicial officers serving in the judicial district or 30 judicial election district receiving the case shall preside 31 over the case. 32 Sec. 11. TRAVEL REIMBURSEMENT. Notwithstanding section 33 602.1509 , for the fiscal year beginning July 1, 2018, and 34 ending June 30, 2019, a judicial officer may waive travel 35 -7- SF 508 (2) 87 jm/rn/jh 7/ 9
S.F. 508 reimbursement for any travel outside the judicial officer’s 1 county of residence to conduct official judicial business. 2 Sec. 12. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 3 the annual salary rates for judicial officers established by 4 2013 Iowa Acts, chapter 140, section 40, for the fiscal year 5 beginning July 1, 2018, and ending June 30, 2019, the supreme 6 court may by order place all judicial officers on unpaid leave 7 status on any day employees of the judicial branch are placed 8 on temporary layoff status. The biweekly pay of the judicial 9 officers shall be reduced accordingly for the pay period in 10 which the unpaid leave date occurred in the same manner as 11 for noncontract employees of the judicial branch. Through 12 the course of the fiscal year, the judicial branch may use an 13 amount equal to the aggregate amount of salary reductions due 14 to the judicial officer unpaid leave days for any purpose other 15 than for judicial salaries. 16 Sec. 13. IOWA COMMUNICATIONS NETWORK. It is the intent 17 of the general assembly that the judicial branch utilize 18 the Iowa communications network or other secure electronic 19 communications in lieu of traveling for the fiscal year 20 beginning July 1, 2018, and ending June 30, 2019. 21 DIVISION III 22 COURT ADMINISTRATION 23 Sec. 14. COURT ADMINISTRATION. Notwithstanding other 24 provisions of this Act and section 602.1215, subsection 1, 25 sections 602.2301, 602.6113, 602.6201, subsections 5, 6, 7, 26 and 10, sections 602.6301, 602.6401, subsection 1, and section 27 602.6603, subsections 1, 2, 3, 4, and 7, for the fiscal years 28 beginning July 1, 2017, and July 1, 2018, the supreme court may 29 implement policies and procedures that may be contrary to the 30 requirements of this Act and the Code provisions referenced 31 in this section in order to efficiently and effectively 32 administer justice throughout the state. The state court 33 administrator shall submit a report to the chairpersons of the 34 joint appropriations subcommittee on the justice system and 35 -8- SF 508 (2) 87 jm/rn/jh 8/ 9
S.F. 508 the legislative services agency, fiscal services division, 1 by October 2, 2017, and October 1, 2018, respectively, 2 detailing the establishment of any new policies and procedures 3 implemented pursuant to this section that efficiently and 4 effectively administer justice throughout the state. 5 -9- SF 508 (2) 87 jm/rn/jh 9/ 9