Bill Text: IA HF645 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to appropriations to the judicial branch. (Formerly HSB 202.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2017-04-18 - Withdrawn. H.J. 1074. [HF645 Detail]
Download: Iowa-2017-HF645-Introduced.html
House File 645 - Introduced HOUSE FILE BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HSB 202) A BILL FOR 1 An Act relating to appropriations to the judicial branch. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1052HV (1) 87 jm/rn PAG LIN 1 1 DIVISION I 1 2 FY 2017=2018 1 3 Section 1. JUDICIAL BRANCH. 1 4 1. There is appropriated from the general fund of the state 1 5 to the judicial branch for the fiscal year beginning July 1, 1 6 2017, and ending June 30, 2018, the following amounts, or so 1 7 much thereof as is necessary, to be used for the purposes 1 8 designated: 1 9 a. For salaries of supreme court justices, appellate court 1 10 judges, district court judges, district associate judges, 1 11 associate juvenile judges, associate probate judges, judicial 1 12 magistrates and staff, state court administrator, clerk of the 1 13 supreme court, district court administrators, clerks of the 1 14 district court, juvenile court officers, board of law examiners 1 15 and board of examiners of shorthand reporters and judicial 1 16 qualifications commission; receipt and disbursement of child 1 17 support payments; reimbursement of the auditor of state for 1 18 expenses incurred in completing audits of the offices of the 1 19 clerks of the district court during the fiscal year beginning 1 20 July 1, 2017; and maintenance, equipment, and miscellaneous 1 21 purposes: 1 22 .................................................. $175,686,612 1 23 b. For deposit in the revolving fund created pursuant to 1 24 section 602.1302, subsection 3, for jury and witness fees, 1 25 mileage, costs related to summoning jurors, costs and fees for 1 26 interpreters and translators, and reimbursement of attorney 1 27 fees paid by the state public defender: 1 28 .................................................. $ 3,100,000 1 29 2. The judicial branch, except for purposes of internal 1 30 processing, shall use the current state budget system, the 1 31 state payroll system, and the Iowa finance and accounting 1 32 system in administration of programs and payments for services, 1 33 and shall not duplicate the state payroll, accounting, and 1 34 budgeting systems. 1 35 3. The judicial branch shall submit monthly financial 2 1 statements to the legislative services agency and the 2 2 department of management containing all appropriated accounts 2 3 in the same manner as provided in the monthly financial status 2 4 reports and personal services usage reports of the department 2 5 of administrative services. The monthly financial statements 2 6 shall include a comparison of the dollars and percentage 2 7 spent of budgeted versus actual revenues and expenditures on 2 8 a cumulative basis for full=time equivalent positions and 2 9 dollars. 2 10 4. The judicial branch shall focus efforts upon the 2 11 collection of delinquent fines, penalties, court costs, fees, 2 12 surcharges, or similar amounts. 2 13 5. It is the intent of the general assembly that the offices 2 14 of the clerks of the district court operate in all 99 counties 2 15 and be accessible to the public as much as is reasonably 2 16 possible in order to address the relative needs of the citizens 2 17 of each county. 2 18 6. In addition to the requirements for transfers under 2 19 section 8.39, the judicial branch shall not change the 2 20 appropriations from the amounts appropriated to the judicial 2 21 branch in this division of this Act, unless notice of the 2 22 revisions is given prior to their effective date to the 2 23 legislative services agency. The notice shall include 2 24 information on the branch's rationale for making the changes 2 25 and details concerning the workload and performance measures 2 26 upon which the changes are based. 2 27 7. The judicial branch shall submit a semiannual update 2 28 to the legislative services agency specifying the amounts of 2 29 fines, surcharges, and court costs collected using the Iowa 2 30 court information system since the last report. The judicial 2 31 branch shall continue to facilitate the sharing of vital 2 32 sentencing and other information with other state departments 2 33 and governmental agencies involved in the criminal justice 2 34 system through the Iowa court information system. 2 35 8. The judicial branch shall provide a report to the general 3 1 assembly by January 1, 2018, concerning the amounts received 3 2 and expended from the enhanced court collections fund created 3 3 in section 602.1304 and the court technology and modernization 3 4 fund created in section 602.8108, subsection 9, during the 3 5 fiscal year beginning July 1, 2016, and ending June 30, 2017, 3 6 and the plans for expenditures from each fund during the fiscal 3 7 year beginning July 1, 2017, and ending June 30, 2018. A copy 3 8 of the report shall be provided to the legislative services 3 9 agency. 3 10 Sec. 2. CIVIL TRIALS ==== LOCATION. Notwithstanding any 3 11 provision to the contrary, for the fiscal year beginning July 3 12 1, 2017, and ending June 30, 2018, if all parties in a case 3 13 agree, a civil trial including a jury trial may take place in a 3 14 county contiguous to the county with proper jurisdiction, even 3 15 if the contiguous county is located in an adjacent judicial 3 16 district or judicial election district. If the trial is moved 3 17 pursuant to this section, court personnel shall treat the case 3 18 as if a change of venue occurred. However, if a trial is moved 3 19 to an adjacent judicial district or judicial election district, 3 20 the judicial officers serving in the judicial district or 3 21 judicial election district receiving the case shall preside 3 22 over the case. 3 23 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section 3 24 602.1509, for the fiscal year beginning July 1, 2017, and 3 25 ending June 30, 2018, a judicial officer may waive travel 3 26 reimbursement for any travel outside the judicial officer's 3 27 county of residence to conduct official judicial business. 3 28 Sec. 4. JUDICIAL OFFICER ==== UNPAID LEAVE. Notwithstanding 3 29 the annual salary rates for judicial officers established by 3 30 2013 Iowa Acts, chapter 140, section 40, for the fiscal year 3 31 beginning July 1, 2017, and ending June 30, 2018, the supreme 3 32 court may by order place all judicial officers on unpaid leave 3 33 status on any day employees of the judicial branch are placed 3 34 on temporary layoff status. The biweekly pay of the judicial 3 35 officers shall be reduced accordingly for the pay period in 4 1 which the unpaid leave date occurred in the same manner as 4 2 for noncontract employees of the judicial branch. Through 4 3 the course of the fiscal year, the judicial branch may use an 4 4 amount equal to the aggregate amount of salary reductions due 4 5 to the judicial officer unpaid leave days for any purpose other 4 6 than for judicial salaries. 4 7 Sec. 5. IOWA COMMUNICATIONS NETWORK. It is the intent 4 8 of the general assembly that the judicial branch utilize 4 9 the Iowa communications network or other secure electronic 4 10 communications in lieu of traveling for the fiscal year 4 11 beginning July 1, 2017, and ending June 30, 2018. 4 12 Sec. 6. ENHANCED COURT COLLECTIONS FUND AND COURT 4 13 TECHNOLOGY AND MODERNIZATION FUND. Notwithstanding section 4 14 602.1304, subsection 2, paragraph "c", and section 602.8108, 4 15 subsection 9, for the fiscal year beginning July 1, 2017, and 4 16 ending June 30, 2018, in addition to the purposes specified 4 17 in section 602.1304, subsection 2, paragraph "c", and in 4 18 section 602.8108, subsection 9, the moneys in the funds may be 4 19 used by the judicial branch for operational costs and other 4 20 miscellaneous purposes and duties. 4 21 DIVISION II 4 22 FY 2018=2019 4 23 Sec. 7. JUDICIAL BRANCH. 4 24 1. There is appropriated from the general fund of the state 4 25 to the judicial branch for the fiscal year beginning July 1, 4 26 2018, and ending June 30, 2019, the following amounts, or so 4 27 much thereof as is necessary, to be used for the purposes 4 28 designated: 4 29 a. For salaries of supreme court justices, appellate court 4 30 judges, district court judges, district associate judges, 4 31 associate juvenile judges, associate probate judges, judicial 4 32 magistrates and staff, state court administrator, clerk of the 4 33 supreme court, district court administrators, clerks of the 4 34 district court, juvenile court officers, board of law examiners 4 35 and board of examiners of shorthand reporters and judicial 5 1 qualifications commission; receipt and disbursement of child 5 2 support payments; reimbursement of the auditor of state for 5 3 expenses incurred in completing audits of the offices of the 5 4 clerks of the district court during the fiscal year beginning 5 5 July 1, 2018; and maintenance, equipment, and miscellaneous 5 6 purposes: 5 7 .................................................. $ 87,843,306 5 8 b. For deposit in the revolving fund created pursuant to 5 9 section 602.1302, subsection 3, for jury and witness fees, 5 10 mileage, costs related to summoning jurors, costs and fees for 5 11 interpreters and translators, and reimbursement of attorney 5 12 fees paid by the state public defender: 5 13 .................................................. $ 1,550,000 5 14 2. The judicial branch, except for purposes of internal 5 15 processing, shall use the current state budget system, the 5 16 state payroll system, and the Iowa finance and accounting 5 17 system in administration of programs and payments for services, 5 18 and shall not duplicate the state payroll, accounting, and 5 19 budgeting systems. 5 20 3. The judicial branch shall submit monthly financial 5 21 statements to the legislative services agency and the 5 22 department of management containing all appropriated accounts 5 23 in the same manner as provided in the monthly financial status 5 24 reports and personal services usage reports of the department 5 25 of administrative services. The monthly financial statements 5 26 shall include a comparison of the dollars and percentage 5 27 spent of budgeted versus actual revenues and expenditures on 5 28 a cumulative basis for full=time equivalent positions and 5 29 dollars. 5 30 4. The judicial branch shall focus efforts upon the 5 31 collection of delinquent fines, penalties, court costs, fees, 5 32 surcharges, or similar amounts. 5 33 5. It is the intent of the general assembly that the offices 5 34 of the clerks of the district court operate in all 99 counties 5 35 and be accessible to the public as much as is reasonably 6 1 possible in order to address the relative needs of the citizens 6 2 of each county. 6 3 6. In addition to the requirements for transfers under 6 4 section 8.39, the judicial branch shall not change the 6 5 appropriations from the amounts appropriated to the judicial 6 6 branch in this division of this Act, unless notice of the 6 7 revisions is given prior to their effective date to the 6 8 legislative services agency. The notice shall include 6 9 information on the branch's rationale for making the changes 6 10 and details concerning the workload and performance measures 6 11 upon which the changes are based. 6 12 7. The judicial branch shall submit a semiannual update 6 13 to the legislative services agency specifying the amounts of 6 14 fines, surcharges, and court costs collected using the Iowa 6 15 court information system since the last report. The judicial 6 16 branch shall continue to facilitate the sharing of vital 6 17 sentencing and other information with other state departments 6 18 and governmental agencies involved in the criminal justice 6 19 system through the Iowa court information system. 6 20 8. The judicial branch shall provide a report to the general 6 21 assembly by January 1, 2019, concerning the amounts received 6 22 and expended from the enhanced court collections fund created 6 23 in section 602.1304 and the court technology and modernization 6 24 fund created in section 602.8108, subsection 9, during the 6 25 fiscal year beginning July 1, 2017, and ending June 30, 2018, 6 26 and the plans for expenditures from each fund during the fiscal 6 27 year beginning July 1, 2018, and ending June 30, 2019. A copy 6 28 of the report shall be provided to the legislative services 6 29 agency. 6 30 Sec. 8. CIVIL TRIALS ==== LOCATION. Notwithstanding any 6 31 provision to the contrary, for the fiscal year beginning July 6 32 1, 2018, and ending June 30, 2019, if all parties in a case 6 33 agree, a civil trial including a jury trial may take place in a 6 34 county contiguous to the county with proper jurisdiction, even 6 35 if the contiguous county is located in an adjacent judicial 7 1 district or judicial election district. If the trial is moved 7 2 pursuant to this section, court personnel shall treat the case 7 3 as if a change of venue occurred. However, if a trial is moved 7 4 to an adjacent judicial district or judicial election district, 7 5 the judicial officers serving in the judicial district or 7 6 judicial election district receiving the case shall preside 7 7 over the case. 7 8 Sec. 9. TRAVEL REIMBURSEMENT. Notwithstanding section 7 9 602.1509, for the fiscal year beginning July 1, 2018, and 7 10 ending June 30, 2019, a judicial officer may waive travel 7 11 reimbursement for any travel outside the judicial officer's 7 12 county of residence to conduct official judicial business. 7 13 Sec. 10. JUDICIAL OFFICER ==== UNPAID LEAVE. Notwithstanding 7 14 the annual salary rates for judicial officers established by 7 15 2013 Iowa Acts, chapter 140, section 40, for the fiscal year 7 16 beginning July 1, 2018, and ending June 30, 2019, the supreme 7 17 court may by order place all judicial officers on unpaid leave 7 18 status on any day employees of the judicial branch are placed 7 19 on temporary layoff status. The biweekly pay of the judicial 7 20 officers shall be reduced accordingly for the pay period in 7 21 which the unpaid leave date occurred in the same manner as 7 22 for noncontract employees of the judicial branch. Through 7 23 the course of the fiscal year, the judicial branch may use an 7 24 amount equal to the aggregate amount of salary reductions due 7 25 to the judicial officer unpaid leave days for any purpose other 7 26 than for judicial salaries. 7 27 Sec. 11. IOWA COMMUNICATIONS NETWORK. It is the intent 7 28 of the general assembly that the judicial branch utilize 7 29 the Iowa communications network or other secure electronic 7 30 communications in lieu of traveling for the fiscal year 7 31 beginning July 1, 2018, and ending June 30, 2019. 7 32 EXPLANATION 7 33 The inclusion of this explanation does not constitute agreement with 7 34 the explanation's substance by the members of the general assembly. 7 35 This bill makes appropriations to the judicial branch. 8 1 The bill appropriates from the general fund of the state 8 2 for FY 2017=2018 and FY 2018=2019 to the judicial branch for 8 3 salaries, maintenance, equipment, and miscellaneous purposes. 8 4 The bill provides that a civil trial including a jury trial 8 5 may take place in a county contiguous to the county with proper 8 6 jurisdiction, even if the contiguous county is located in an 8 7 adjacent judicial district or judicial election district, if 8 8 all the parties in a case agree. If a trial is moved to another 8 9 county that is located in another judicial district or judicial 8 10 election district, the judicial officers serving the judicial 8 11 district or judicial election district receiving the case shall 8 12 preside over the case. 8 13 The bill permits a judicial officer to waive travel 8 14 reimbursement for any travel outside the judicial officer's 8 15 county of residence to conduct official business. 8 16 The bill allows a judicial officer to be placed on unpaid 8 17 leave for the fiscal years beginning July 1, 2017, and July 1, 8 18 2018, on any day a court employee is required to furlough. The 8 19 bill provides that if a judicial officer is placed on unpaid 8 20 leave, the salary of the judicial officer shall be reduced 8 21 accordingly for the pay period in which the unpaid leave 8 22 occurred. Through the course of the fiscal year, the bill 8 23 provides that the judicial branch may use an amount equal to 8 24 the aggregate amount of the salary reductions due to judicial 8 25 officer unpaid leave for any purpose other than judicial 8 26 salaries. 8 27 The bill states legislative intent that the judicial 8 28 branch utilize the Iowa communications network or other secure 8 29 electronic communications in lieu of traveling. 8 30 For FY 2017=2018, the bill allows the judicial branch to 8 31 use funds in the enhanced court collections fund in Code 8 32 section 602.1304 and the court technology and modernization 8 33 fund in Code section 602.8108 for operational costs and other 8 34 miscellaneous purposes and duties in addition to the purposes 8 35 specified in those Code sections for both funds. LSB 1052HV (1) 87 jm/rn
