Senate Study Bill 1142 - IntroducedA Bill ForAn Act 1relating to appropriations to the judicial branch.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2FY 2019-2020
3   Section 1.  JUDICIAL BRANCH.
   41.  There is appropriated from the general fund of the state
5to the judicial branch for the fiscal year beginning July 1,
62019, and ending June 30, 2020, the following amounts, or so
7much thereof as is necessary, to be used for the purposes
8designated:
   9a.  For salaries of supreme court justices, appellate court
10judges, district court judges, district associate judges,
11associate juvenile judges, associate probate judges, judicial
12magistrates and staff, state court administrator, clerk of the
13supreme court, district court administrators, clerks of the
14district court, juvenile court officers, board of law examiners
15and board of examiners of shorthand reporters and judicial
16qualifications commission; receipt and disbursement of child
17support payments; reimbursement of the auditor of state for
18expenses incurred in completing audits of the offices of the
19clerks of the district court during the fiscal year beginning
20July 1, 2019; and maintenance, equipment, and miscellaneous
21purposes:
..................................................  $22182,988,057
   23b.  For deposit in the revolving fund created pursuant to
24section 602.1302, subsection 3, for jury and witness fees,
25mileage, costs related to summoning jurors, costs and fees for
26interpreters and translators, and reimbursement of attorney
27fees paid by the state public defender:
..................................................  $283,100,000
   292.  The judicial branch, except for purposes of internal
30processing, shall use the current state budget system, the
31state payroll system, and the Iowa finance and accounting
32system in administration of programs and payments for services,
33and shall not duplicate the state payroll, accounting, and
34budgeting systems.
   353.  The judicial branch shall submit monthly financial
-1-1statements to the legislative services agency and the
2department of management containing all appropriated accounts
3in the same manner as provided in the monthly financial status
4reports and personal services usage reports of the department
5of administrative services. The monthly financial statements
6shall include a comparison of the dollars and percentage
7spent of budgeted versus actual revenues and expenditures on
8a cumulative basis for full-time equivalent positions and
9dollars.
   104.  The judicial branch shall focus efforts upon the
11collection of delinquent fines, penalties, court costs, fees,
12surcharges, or similar amounts.
   135.  It is the intent of the general assembly that the offices
14of the clerks of the district court operate in all 99 counties
15and be accessible to the public as much as is reasonably
16possible in order to address the relative needs of the citizens
17of each county.
   186.  In addition to the requirements for transfers under
19section 8.39, the judicial branch shall not change the
20appropriations from the amounts appropriated to the judicial
21branch in this division of this Act, unless notice of the
22revisions is given prior to their effective date to the
23legislative services agency. The notice shall include
24information on the branch’s rationale for making the changes
25and details concerning the workload and performance measures
26upon which the changes are based.
   277.  The judicial branch shall submit a semiannual update
28to the legislative services agency specifying the amounts of
29fines, surcharges, and court costs collected using the Iowa
30court information system since the last report. The judicial
31branch shall continue to facilitate the sharing of vital
32sentencing and other information with other state departments
33and governmental agencies involved in the criminal justice
34system through the Iowa court information system.
   358.  The judicial branch shall provide a report to the general
-2-1assembly by January 1, 2020, concerning the amounts received
2and expended from the enhanced court collections fund created
3in section 602.1304 and the court technology and modernization
4fund created in section 602.8108, subsection 9, during the
5fiscal year beginning July 1, 2018, and ending June 30, 2019,
6and the plans for expenditures from each fund during the fiscal
7year beginning July 1, 2019, and ending June 30, 2020. A copy
8of the report shall be provided to the legislative services
9agency.
10   Sec. 2.  CIVIL TRIALS — LOCATION.  Notwithstanding any
11provision to the contrary, for the fiscal year beginning July
121, 2019, and ending June 30, 2020, if all parties in a case
13agree, a civil trial including a jury trial may take place in a
14county contiguous to the county with proper jurisdiction, even
15if the contiguous county is located in an adjacent judicial
16district or judicial election district. If the trial is moved
17pursuant to this section, court personnel shall treat the case
18as if a change of venue occurred. However, if a trial is moved
19to an adjacent judicial district or judicial election district,
20the judicial officers serving in the judicial district or
21judicial election district receiving the case shall preside
22over the case.
23   Sec. 3.  TRAVEL REIMBURSEMENT.  Notwithstanding section
24602.1509, for the fiscal year beginning July 1, 2019, and
25ending June 30, 2020, a judicial officer may waive travel
26reimbursement for any travel outside the judicial officer’s
27county of residence to conduct official judicial business.
28   Sec. 4.  JUDICIAL OFFICER — UNPAID LEAVE.  Notwithstanding
29the annual salary rates for judicial officers established by
302013 Iowa Acts, chapter 140, section 40, for the fiscal year
31beginning July 1, 2019, and ending June 30, 2020, the supreme
32court may by order place all judicial officers on unpaid leave
33status on any day employees of the judicial branch are placed
34on temporary layoff status. The biweekly pay of the judicial
35officers shall be reduced accordingly for the pay period in
-3-1which the unpaid leave date occurred in the same manner as
2for noncontract employees of the judicial branch. Through
3the course of the fiscal year, the judicial branch may use an
4amount equal to the aggregate amount of salary reductions due
5to the judicial officer unpaid leave days for any purpose other
6than for judicial salaries.
7   Sec. 5.  IOWA COMMUNICATIONS NETWORK.  It is the intent
8of the general assembly that the judicial branch utilize
9the Iowa communications network or other secure electronic
10communications in lieu of traveling for the fiscal year
11beginning July 1, 2019, and ending June 30, 2020.
12DIVISION II
13FY 2020-2021
14   Sec. 6.  JUDICIAL BRANCH.
   151.  There is appropriated from the general fund of the state
16to the judicial branch for the fiscal year beginning July 1,
172020, and ending June 30, 2021, the following amounts, or so
18much thereof as is necessary, to be used for the purposes
19designated:
   20a.  For salaries of supreme court justices, appellate court
21judges, district court judges, district associate judges,
22associate juvenile judges, associate probate judges, judicial
23magistrates and staff, state court administrator, clerk of the
24supreme court, district court administrators, clerks of the
25district court, juvenile court officers, board of law examiners
26and board of examiners of shorthand reporters and judicial
27qualifications commission; receipt and disbursement of child
28support payments; reimbursement of the auditor of state for
29expenses incurred in completing audits of the offices of the
30clerks of the district court during the fiscal year beginning
31July 1, 2020; and maintenance, equipment, and miscellaneous
32purposes:
..................................................  $33186,810,696
   34b.  For deposit in the revolving fund created pursuant to
35section 602.1302, subsection 3, for jury and witness fees,
-4-1mileage, costs related to summoning jurors, costs and fees for
2interpreters and translators, and reimbursement of attorney
3fees paid by the state public defender:
..................................................  $43,100,000
   52.  The judicial branch, except for purposes of internal
6processing, shall use the current state budget system, the
7state payroll system, and the Iowa finance and accounting
8system in administration of programs and payments for services,
9and shall not duplicate the state payroll, accounting, and
10budgeting systems.
   113.  The judicial branch shall submit monthly financial
12statements to the legislative services agency and the
13department of management containing all appropriated accounts
14in the same manner as provided in the monthly financial status
15reports and personal services usage reports of the department
16of administrative services. The monthly financial statements
17shall include a comparison of the dollars and percentage
18spent of budgeted versus actual revenues and expenditures on
19a cumulative basis for full-time equivalent positions and
20dollars.
   214.  The judicial branch shall focus efforts upon the
22collection of delinquent fines, penalties, court costs, fees,
23surcharges, or similar amounts.
   245.  It is the intent of the general assembly that the offices
25of the clerks of the district court operate in all 99 counties
26and be accessible to the public as much as is reasonably
27possible in order to address the relative needs of the citizens
28of each county.
   296.  In addition to the requirements for transfers under
30section 8.39, the judicial branch shall not change the
31appropriations from the amounts appropriated to the judicial
32branch in this division of this Act, unless notice of the
33revisions is given prior to their effective date to the
34legislative services agency. The notice shall include
35information on the branch’s rationale for making the changes
-5-1and details concerning the workload and performance measures
2upon which the changes are based.
   37.  The judicial branch shall submit a semiannual update
4to the legislative services agency specifying the amounts of
5fines, surcharges, and court costs collected using the Iowa
6court information system since the last report. The judicial
7branch shall continue to facilitate the sharing of vital
8sentencing and other information with other state departments
9and governmental agencies involved in the criminal justice
10system through the Iowa court information system.
   118.  The judicial branch shall provide a report to the general
12assembly by January 1, 2021, concerning the amounts received
13and expended from the enhanced court collections fund created
14in section 602.1304 and the court technology and modernization
15fund created in section 602.8108, subsection 9, during the
16fiscal year beginning July 1, 2019, and ending June 30, 2020,
17and the plans for expenditures from each fund during the fiscal
18year beginning July 1, 2020, and ending June 30, 2021. A copy
19of the report shall be provided to the legislative services
20agency.
21   Sec. 7.  CIVIL TRIALS — LOCATION.  Notwithstanding any
22provision to the contrary, for the fiscal year beginning July
231, 2020, and ending June 30, 2021, if all parties in a case
24agree, a civil trial including a jury trial may take place in a
25county contiguous to the county with proper jurisdiction, even
26if the contiguous county is located in an adjacent judicial
27district or judicial election district. If the trial is moved
28pursuant to this section, court personnel shall treat the case
29as if a change of venue occurred. However, if a trial is moved
30to an adjacent judicial district or judicial election district,
31the judicial officers serving in the judicial district or
32judicial election district receiving the case shall preside
33over the case.
34   Sec. 8.  TRAVEL REIMBURSEMENT.  Notwithstanding section
35602.1509, for the fiscal year beginning July 1, 2020, and
-6-1ending June 30, 2021, a judicial officer may waive travel
2reimbursement for any travel outside the judicial officer’s
3county of residence to conduct official judicial business.
4   Sec. 9.  JUDICIAL OFFICER — UNPAID LEAVE.  Notwithstanding
5the annual salary rates for judicial officers established by
62013 Iowa Acts, chapter 140, section 40, for the fiscal year
7beginning July 1, 2020, and ending June 30, 2021, the supreme
8court may by order place all judicial officers on unpaid leave
9status on any day employees of the judicial branch are placed
10on temporary layoff status. The biweekly pay of the judicial
11officers shall be reduced accordingly for the pay period in
12which the unpaid leave date occurred in the same manner as
13for noncontract employees of the judicial branch. Through
14the course of the fiscal year, the judicial branch may use an
15amount equal to the aggregate amount of salary reductions due
16to the judicial officer unpaid leave days for any purpose other
17than for judicial salaries.
18   Sec. 10.  IOWA COMMUNICATIONS NETWORK.  It is the intent
19of the general assembly that the judicial branch utilize
20the Iowa communications network or other secure electronic
21communications in lieu of traveling for the fiscal year
22beginning July 1, 2020, and ending June 30, 2021.
23DIVISION III
24Proposed budget process
25   Sec. 11.  Section 602.1301, subsection 2, paragraph b, Code
262019, is amended to read as follows:
   27b.  Before December 1, the supreme court shall submit to the
28director of the department of management an estimate of the
29total expenditure requirements of the judicial branch. The
30director of the department of management shall submit this
31estimate received from the supreme court to the governor for
32inclusion without change in the governor’s proposed budget for
33the succeeding fiscal year, except the portion of the total
34expenditure requirements attributable to an increase of the
35salary rate for a judicial position, including chief justice
-7-1of the supreme court, each justice of the supreme court, chief
2judge of the court of appeals, each associate judge of the
3court of appeals, each chief judge of a judicial district, each
4district judge except the chief judge of a judicial district,
5each district associate judge, each associate juvenile judge,
6each associate probate judge, each judicial magistrate, and
7each senior judge, shall not be included in the governor’s
8proposed budget
. The estimate shall also be submitted to the
9chairpersons of the committees on appropriations.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
   13This bill makes appropriations to the judicial branch.
   14The bill appropriates from the general fund of the state
15for FY 2019-2020 and FY 2020-2021 to the judicial branch for
16salaries, maintenance, equipment, and miscellaneous purposes.
   17The bill provides that a civil trial including a jury trial
18may take place in a county contiguous to the county with proper
19jurisdiction, even if the contiguous county is located in an
20adjacent judicial district or judicial election district, if
21all the parties in a case agree. If a trial is moved to another
22county that is located in another judicial district or judicial
23election district, the judicial officers serving the judicial
24district or judicial election district receiving the case shall
25preside over the case.
   26The bill permits a judicial officer to waive travel
27reimbursement for any travel outside the judicial officer’s
28county of residence to conduct official business.
   29The bill allows a judicial officer to be placed on unpaid
30leave for the fiscal years beginning July 1, 2019, and July 1,
312020, on any day a court employee is required to furlough. The
32bill provides that if a judicial officer is placed on unpaid
33leave, the salary of the judicial officer shall be reduced
34accordingly for the pay period in which the unpaid leave
35occurred. Through the course of the fiscal year, the bill
-8-1provides that the judicial branch may use an amount equal to
2the aggregate amount of the salary reductions due to judicial
3officer unpaid leave for any purpose other than judicial
4salaries.
   5The bill states legislative intent that the judicial
6branch utilize the Iowa communications network or other secure
7electronic communications in lieu of traveling.
   8Current law provides that before December 1, the supreme
9court shall submit to the director of the department of
10management an estimate of the total expenditure requirements
11of the judicial branch and the director of the department of
12management shall submit this estimate received from the supreme
13court to the governor for inclusion without change in the
14governor’s proposed budget for the succeeding fiscal year.
15The bill provides that the portion of the estimated total
16expenditure requirements attributable to an increase of the
17salary rate for a judicial position, which are specified in the
18bill, shall not be included in the governor’s proposed budget.
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