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Senate Study Bill 3153 - IntroducedA Bill ForAn Act 1relating to appropriations to the judicial branch.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. JUDICIAL BRANCH.
21. There is appropriated from the general fund of the state
3to the judicial branch for the fiscal year beginning July 1,
42022, and ending June 30, 2023, the following amounts, or so
5much thereof as is necessary, to be used for the purposes
6designated:
7a. For salaries of supreme court justices, appellate court
8judges, district court judges, district associate judges,
9associate juvenile judges, associate probate judges, judicial
10magistrates and staff, state court administrator, clerk of
11the supreme court, district court administrators, clerks of
12the district court, juvenile court officers, board of law
13examiners, board of examiners of shorthand reporters, and
14commission on judicial qualifications; receipt and disbursement
15of child support payments; reimbursement of the auditor
16of state for expenses incurred in completing audits of the
17offices of the clerks of the district court during the fiscal
18year beginning July 1, 2022; and maintenance, equipment, and
19miscellaneous purposes:
.................................................. $20202,468,895
21b. For deposit in the revolving fund created pursuant to
22section 602.1302, subsection 3, for jury and witness fees,
23mileage, costs related to summoning jurors, costs and fees for
24interpreters and translators, and reimbursement of attorney
25fees paid by the state public defender:
.................................................. $263,600,000
272. The judicial branch, except for purposes of internal
28processing, shall use the current state budget system, the
29state payroll system, and the Iowa finance and accounting
30system in administration of programs and payments for services,
31and shall not duplicate the state payroll, accounting, and
32budgeting systems.
333. The judicial branch shall submit monthly financial
34statements to the legislative services agency and the
35department of management containing all appropriated accounts
-1-1in the same manner as provided in the monthly financial status
2reports and personal services usage reports of the department
3of administrative services. The monthly financial statements
4shall include a comparison of the dollars and percentage
5spent of budgeted versus actual revenues and expenditures on
6a cumulative basis for full-time equivalent positions and
7dollars.
84. The judicial branch shall focus efforts upon the
9collection of delinquent fines, penalties, court costs, fees,
10surcharges, or similar amounts.
115. It is the intent of the general assembly that the offices
12of the clerks of the district court operate in all 99 counties
13and be accessible to the public as much as is reasonably
14possible in order to address the relative needs of the citizens
15of each county. An office of the clerk of the district court
16shall be open regular courthouse hours.
176. In addition to the requirements for transfers under
18section 8.39, the judicial branch shall not change the
19appropriations from the amounts appropriated to the judicial
20branch in this Act, unless notice of the revisions is given to
21the legislative services agency prior to the effective date.
22The notice shall include information on the judicial branch’s
23rationale for making the changes and details concerning the
24workload and performance measures upon which the changes are
25based.
267. The judicial branch shall submit a semiannual update
27to the legislative services agency specifying the amounts of
28fines, surcharges, and court costs collected using the Iowa
29court information system since the last report. The judicial
30branch shall continue to facilitate the sharing of vital
31sentencing and other information with other state departments
32and governmental agencies involved in the criminal justice
33system through the Iowa court information system.
348. The judicial branch shall provide a report to the general
35assembly and the department of management by January 1, 2023,
-2-1concerning the amounts received and expended from the court
2technology and modernization fund created in section 602.8108,
3subsection 7, during the fiscal year beginning July 1, 2021,
4and ending June 30, 2022, and the plans for expenditures from
5each fund during the fiscal year beginning July 1, 2022, and
6ending June 30, 2023.
7 Sec. 2. CIVIL TRIALS — LOCATION. Notwithstanding any
8provision to the contrary, for the fiscal year beginning July
91, 2022, and ending June 30, 2023, if all parties in a case
10agree, a civil trial including a jury trial may take place in a
11county contiguous to the county with proper jurisdiction, even
12if the contiguous county is located in an adjacent judicial
13district or judicial election district. If the trial is moved
14pursuant to this section, court personnel shall treat the case
15as if a change of venue occurred.
16 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section
17602.1509, for the fiscal year beginning July 1, 2022, and
18ending June 30, 2023, a judicial officer may waive travel
19reimbursement for any travel outside the judicial officer’s
20county of residence to conduct official judicial business.
21 Sec. 4. JUDICIAL OFFICER — UNPAID LEAVE. Notwithstanding
22the annual salary rates for judicial officers established by
232021 Iowa Acts, chapter 168, section 6, for the fiscal year
24beginning July 1, 2022, and ending June 30, 2023, the supreme
25court may by order place all judicial officers on unpaid leave
26status on any day employees of the judicial branch are placed
27on temporary layoff status. The biweekly pay of the judicial
28officers shall be reduced accordingly for the pay period in
29which the unpaid leave date occurred in the same manner as
30for noncontract employees of the judicial branch. Through
31the course of the fiscal year, the judicial branch may use an
32amount equal to the aggregate amount of salary reductions due
33to the judicial officer unpaid leave days for any purpose other
34than for judicial salaries.
35 Sec. 5. IOWA COMMUNICATIONS NETWORK. It is the intent
-3-1of the general assembly that the judicial branch utilize
2the Iowa communications network or other secure electronic
3communications in lieu of traveling for the fiscal year
4beginning July 1, 2022, and ending June 30, 2023.
5 Sec. 6. Section 2.12, subsection 4, Code 2022, is amended
6to read as follows:
74. There is appropriated out of any funds in the state
8treasury not otherwise appropriated such sums as may be
9necessary for the fiscal year budgets of the legislative
10services agency and the office of ombudsman for salaries,
11support, maintenance, and miscellaneous purposes to carry out
12their statutory responsibilities. The legislative services
13agency and the office of ombudsman shall submit their proposed
14budgets to the legislative council not later than September 1
15of each year. The legislative council shall review and approve
16the proposed budgets not later than December 1 of each year.
17The budget approved by the legislative council for each of
18its statutory legislative agencies shall be transmitted by
19the legislative council to the department of management on or
20before December 1 of each year for the fiscal year beginning
21July 1 of the following year. The department of management
22shall submit the approved budgets received from the legislative
23council to the governor for inclusion in the governor’s
24proposed budget for the succeeding fiscal year. The approved
25budgets shall also be submitted to the chairpersons of the
26committees on appropriations. The committees on appropriations
27may allocate from the funds appropriated by this section
28the funds contained in the approved budgets, or such other
29amounts as specified, pursuant to a concurrent resolution to be
30approved by both houses of the general assembly. The director
31of the department of administrative services shall issue
32warrants for salaries, support, maintenance, and miscellaneous
33purposes upon requisition by the administrative head of each
34statutory legislative agency. If the legislative council
35elects to change the approved budget for a legislative agency
-4-1prior to July 1, the legislative council shall transmit the
2amount of the budget revision to the department of management
3prior to July 1 of the fiscal year, however, if the general
4assembly approved the budget it cannot be changed except
5pursuant to a concurrent resolution approved by the general
6assembly.
7 Sec. 7. Section 602.1301, subsection 2, paragraph b, Code
82022, is amended to read as follows:
9b. Before December 1, the supreme court shall submit to
10the director of the department of management an estimate of
11the total expenditure requirements of the judicial branch.
12The director of the department of management shall submit
13this estimate received from the supreme court to the governor
14for inclusion without change in the governor’s proposed
15budget for the succeeding fiscal year. The estimate shall
16also be submitted to the chairpersons of the committees on
17appropriations.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill makes appropriations to the judicial branch.
22The bill appropriates from the general fund of the state for
23FY 2022-2023 to the judicial branch for salaries, receipt and
24disbursement of child support payments, reimbursement of the
25auditor of state, maintenance, equipment, and miscellaneous
26purposes, and for deposit in the revolving fund created
27pursuant to Code section 602.1302(3) for certain purposes.
28The bill provides that a civil trial including a jury trial
29may take place in a county contiguous to the county with proper
30jurisdiction, even if the contiguous county is located in an
31adjacent judicial district or judicial election district, if
32all the parties in a case agree. If a trial is moved to another
33county that is located in another judicial district or judicial
34election district, the judicial officers serving the judicial
35district or judicial election district receiving the case shall
-5-1preside over the case.
2The bill permits a judicial officer to waive travel
3reimbursement for any travel outside the judicial officer’s
4county of residence to conduct official business.
5The bill allows a judicial officer to be placed on unpaid
6leave for the fiscal year beginning July 1, 2022, on any day a
7court employee is required to furlough. The bill provides that
8if a judicial officer is placed on unpaid leave, the salary of
9the judicial officer shall be reduced accordingly for the pay
10period in which the unpaid leave occurred. Through the course
11of the fiscal year, the bill provides that the judicial branch
12may use an amount equal to the aggregate amount of the salary
13reductions due to judicial officer unpaid leave for any purpose
14other than judicial salaries.
15The bill states legislative intent that the judicial
16branch utilize the Iowa communications network or other secure
17electronic communications in lieu of traveling.
18Currently, the department of management receives annual
19budgets of the legislative branch which are submitted to the
20governor for inclusion in the governor’s annual proposed
21budget. The bill eliminates the requirement that budgets
22approved by the legislative council be included in the
23governor’s proposed budget. The approved budgets must only be
24submitted to the governor.
25Currently, the department of management receives annual
26expenditure estimates from the judicial branch which are
27submitted to the governor for inclusion in the governor’s
28annual proposed budget. The bill eliminates the requirement
29that the estimates be included in the governor’s budget. The
30estimates must only be submitted to the governor.
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2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. JUDICIAL BRANCH.
21. There is appropriated from the general fund of the state
3to the judicial branch for the fiscal year beginning July 1,
42022, and ending June 30, 2023, the following amounts, or so
5much thereof as is necessary, to be used for the purposes
6designated:
7a. For salaries of supreme court justices, appellate court
8judges, district court judges, district associate judges,
9associate juvenile judges, associate probate judges, judicial
10magistrates and staff, state court administrator, clerk of
11the supreme court, district court administrators, clerks of
12the district court, juvenile court officers, board of law
13examiners, board of examiners of shorthand reporters, and
14commission on judicial qualifications; receipt and disbursement
15of child support payments; reimbursement of the auditor
16of state for expenses incurred in completing audits of the
17offices of the clerks of the district court during the fiscal
18year beginning July 1, 2022; and maintenance, equipment, and
19miscellaneous purposes:
.................................................. $20202,468,895
21b. For deposit in the revolving fund created pursuant to
22section 602.1302, subsection 3, for jury and witness fees,
23mileage, costs related to summoning jurors, costs and fees for
24interpreters and translators, and reimbursement of attorney
25fees paid by the state public defender:
.................................................. $263,600,000
272. The judicial branch, except for purposes of internal
28processing, shall use the current state budget system, the
29state payroll system, and the Iowa finance and accounting
30system in administration of programs and payments for services,
31and shall not duplicate the state payroll, accounting, and
32budgeting systems.
333. The judicial branch shall submit monthly financial
34statements to the legislative services agency and the
35department of management containing all appropriated accounts
-1-1in the same manner as provided in the monthly financial status
2reports and personal services usage reports of the department
3of administrative services. The monthly financial statements
4shall include a comparison of the dollars and percentage
5spent of budgeted versus actual revenues and expenditures on
6a cumulative basis for full-time equivalent positions and
7dollars.
84. The judicial branch shall focus efforts upon the
9collection of delinquent fines, penalties, court costs, fees,
10surcharges, or similar amounts.
115. It is the intent of the general assembly that the offices
12of the clerks of the district court operate in all 99 counties
13and be accessible to the public as much as is reasonably
14possible in order to address the relative needs of the citizens
15of each county. An office of the clerk of the district court
16shall be open regular courthouse hours.
176. In addition to the requirements for transfers under
18section 8.39, the judicial branch shall not change the
19appropriations from the amounts appropriated to the judicial
20branch in this Act, unless notice of the revisions is given to
21the legislative services agency prior to the effective date.
22The notice shall include information on the judicial branch’s
23rationale for making the changes and details concerning the
24workload and performance measures upon which the changes are
25based.
267. The judicial branch shall submit a semiannual update
27to the legislative services agency specifying the amounts of
28fines, surcharges, and court costs collected using the Iowa
29court information system since the last report. The judicial
30branch shall continue to facilitate the sharing of vital
31sentencing and other information with other state departments
32and governmental agencies involved in the criminal justice
33system through the Iowa court information system.
348. The judicial branch shall provide a report to the general
35assembly and the department of management by January 1, 2023,
-2-1concerning the amounts received and expended from the court
2technology and modernization fund created in section 602.8108,
3subsection 7, during the fiscal year beginning July 1, 2021,
4and ending June 30, 2022, and the plans for expenditures from
5each fund during the fiscal year beginning July 1, 2022, and
6ending June 30, 2023.
7 Sec. 2. CIVIL TRIALS — LOCATION. Notwithstanding any
8provision to the contrary, for the fiscal year beginning July
91, 2022, and ending June 30, 2023, if all parties in a case
10agree, a civil trial including a jury trial may take place in a
11county contiguous to the county with proper jurisdiction, even
12if the contiguous county is located in an adjacent judicial
13district or judicial election district. If the trial is moved
14pursuant to this section, court personnel shall treat the case
15as if a change of venue occurred.
16 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section
17602.1509, for the fiscal year beginning July 1, 2022, and
18ending June 30, 2023, a judicial officer may waive travel
19reimbursement for any travel outside the judicial officer’s
20county of residence to conduct official judicial business.
21 Sec. 4. JUDICIAL OFFICER — UNPAID LEAVE. Notwithstanding
22the annual salary rates for judicial officers established by
232021 Iowa Acts, chapter 168, section 6, for the fiscal year
24beginning July 1, 2022, and ending June 30, 2023, the supreme
25court may by order place all judicial officers on unpaid leave
26status on any day employees of the judicial branch are placed
27on temporary layoff status. The biweekly pay of the judicial
28officers shall be reduced accordingly for the pay period in
29which the unpaid leave date occurred in the same manner as
30for noncontract employees of the judicial branch. Through
31the course of the fiscal year, the judicial branch may use an
32amount equal to the aggregate amount of salary reductions due
33to the judicial officer unpaid leave days for any purpose other
34than for judicial salaries.
35 Sec. 5. IOWA COMMUNICATIONS NETWORK. It is the intent
-3-1of the general assembly that the judicial branch utilize
2the Iowa communications network or other secure electronic
3communications in lieu of traveling for the fiscal year
4beginning July 1, 2022, and ending June 30, 2023.
5 Sec. 6. Section 2.12, subsection 4, Code 2022, is amended
6to read as follows:
74. There is appropriated out of any funds in the state
8treasury not otherwise appropriated such sums as may be
9necessary for the fiscal year budgets of the legislative
10services agency and the office of ombudsman for salaries,
11support, maintenance, and miscellaneous purposes to carry out
12their statutory responsibilities. The legislative services
13agency and the office of ombudsman shall submit their proposed
14budgets to the legislative council not later than September 1
15of each year. The legislative council shall review and approve
16the proposed budgets not later than December 1 of each year.
17The budget approved by the legislative council for each of
18its statutory legislative agencies shall be transmitted by
19the legislative council to the department of management on or
20before December 1 of each year for the fiscal year beginning
21July 1 of the following year. The department of management
22shall submit the approved budgets received from the legislative
23council to the governor for inclusion in the governor’s
24proposed budget for the succeeding fiscal year. The approved
25budgets shall also be submitted to the chairpersons of the
26committees on appropriations. The committees on appropriations
27may allocate from the funds appropriated by this section
28the funds contained in the approved budgets, or such other
29amounts as specified, pursuant to a concurrent resolution to be
30approved by both houses of the general assembly. The director
31of the department of administrative services shall issue
32warrants for salaries, support, maintenance, and miscellaneous
33purposes upon requisition by the administrative head of each
34statutory legislative agency. If the legislative council
35elects to change the approved budget for a legislative agency
-4-1prior to July 1, the legislative council shall transmit the
2amount of the budget revision to the department of management
3prior to July 1 of the fiscal year, however, if the general
4assembly approved the budget it cannot be changed except
5pursuant to a concurrent resolution approved by the general
6assembly.
7 Sec. 7. Section 602.1301, subsection 2, paragraph b, Code
82022, is amended to read as follows:
9b. Before December 1, the supreme court shall submit to
10the director of the department of management an estimate of
11the total expenditure requirements of the judicial branch.
12The director of the department of management shall submit
13this estimate received from the supreme court to the governor
14for inclusion without change in the governor’s proposed
15budget for the succeeding fiscal year. The estimate shall
16also be submitted to the chairpersons of the committees on
17appropriations.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill makes appropriations to the judicial branch.
22The bill appropriates from the general fund of the state for
23FY 2022-2023 to the judicial branch for salaries, receipt and
24disbursement of child support payments, reimbursement of the
25auditor of state, maintenance, equipment, and miscellaneous
26purposes, and for deposit in the revolving fund created
27pursuant to Code section 602.1302(3) for certain purposes.
28The bill provides that a civil trial including a jury trial
29may take place in a county contiguous to the county with proper
30jurisdiction, even if the contiguous county is located in an
31adjacent judicial district or judicial election district, if
32all the parties in a case agree. If a trial is moved to another
33county that is located in another judicial district or judicial
34election district, the judicial officers serving the judicial
35district or judicial election district receiving the case shall
-5-1preside over the case.
2The bill permits a judicial officer to waive travel
3reimbursement for any travel outside the judicial officer’s
4county of residence to conduct official business.
5The bill allows a judicial officer to be placed on unpaid
6leave for the fiscal year beginning July 1, 2022, on any day a
7court employee is required to furlough. The bill provides that
8if a judicial officer is placed on unpaid leave, the salary of
9the judicial officer shall be reduced accordingly for the pay
10period in which the unpaid leave occurred. Through the course
11of the fiscal year, the bill provides that the judicial branch
12may use an amount equal to the aggregate amount of the salary
13reductions due to judicial officer unpaid leave for any purpose
14other than judicial salaries.
15The bill states legislative intent that the judicial
16branch utilize the Iowa communications network or other secure
17electronic communications in lieu of traveling.
18Currently, the department of management receives annual
19budgets of the legislative branch which are submitted to the
20governor for inclusion in the governor’s annual proposed
21budget. The bill eliminates the requirement that budgets
22approved by the legislative council be included in the
23governor’s proposed budget. The approved budgets must only be
24submitted to the governor.
25Currently, the department of management receives annual
26expenditure estimates from the judicial branch which are
27submitted to the governor for inclusion in the governor’s
28annual proposed budget. The bill eliminates the requirement
29that the estimates be included in the governor’s budget. The
30estimates must only be submitted to the governor.
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