Bill Text: IA SF496 | 2015-2016 | 86th General Assembly | Enrolled

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Bill Title: A bill for an act relating to appropriations to the judicial branch and including effective date and retroactive applicability provisions. (Formerly SSB 1283.) Effective 7-2-15.

Spectrum: Committee Bill

Status: (Passed) 2015-07-02 - Signed by Governor. S.J. 1132. [SF496 Detail]

Download: Iowa-2015-SF496-Enrolled.html

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Senate File 496 - Enrolled




                              SENATE FILE       
                              BY  COMMITTEE ON
                                  APPROPRIATIONS

                              (SUCCESSOR TO SSB
                                  1283)
 \5
                                   A BILL FOR
 \1
                                        Senate File 496

                             AN ACT
 RELATING TO APPROPRIATIONS TO THE JUDICIAL BRANCH AND INCLUDING
    EFFECTIVE DATE AND RETROACTIVE APPLICABILITY PROVISIONS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
                           DIVISION I
                          FY 2015=2016
    Section 1.  JUDICIAL BRANCH.
    1.  There is appropriated from the general fund of the state
 to the judicial branch for the fiscal year beginning July 1,
 2015, and ending June 30, 2016, the following amounts, or so
 much thereof as is necessary, to be used for the purposes
 designated:
    a.  For salaries of supreme court justices, appellate court
 judges, district court judges, district associate judges,
 associate juvenile judges, associate probate judges, judicial
 magistrates and staff, state court administrator, clerk of the
 supreme court, district court administrators, clerks of the
 district court, juvenile court officers, board of law examiners
 and board of examiners of shorthand reporters and judicial
 qualifications commission; receipt and disbursement of child
 support payments; reimbursement of the auditor of state for
 expenses incurred in completing audits of the offices of the
 clerks of the district court during the fiscal year beginning
 July 1, 2015; and maintenance, equipment, and miscellaneous
 purposes:
 .................................................. $171,486,612
    b.  For deposit in the revolving fund created pursuant to
 section 602.1302, subsection 3, for jury and witness fees,
 mileage, costs related to summoning jurors, costs and fees for
 interpreters and translators, and reimbursement of attorney
 fees paid by the state public defender:
 .................................................. $  3,100,000
    2.  The judicial branch, except for purposes of internal
 processing, shall use the current state budget system, the
 state payroll system, and the Iowa finance and accounting
 system in administration of programs and payments for services,
 and shall not duplicate the state payroll, accounting, and
 budgeting systems.
    3.  The judicial branch shall submit monthly financial
 statements to the legislative services agency and the
 department of management containing all appropriated accounts
 in the same manner as provided in the monthly financial status
 reports and personal services usage reports of the department
 of administrative services. The monthly financial statements
 shall include a comparison of the dollars and percentage
 spent of budgeted versus actual revenues and expenditures on
 a cumulative basis for full=time equivalent positions and
 dollars.
    4.  The judicial branch shall focus efforts upon the
 collection of delinquent fines, penalties, court costs, fees,
 surcharges, or similar amounts.
    5.  It is the intent of the general assembly that the offices
 of the clerks of the district court operate in all 99 counties
 and be accessible to the public as much as is reasonably
 possible in order to address the relative needs of the citizens
 of each county.
    6.  In addition to the requirements for transfers under
 section 8.39, the judicial branch shall not change the
 appropriations from the amounts appropriated to the judicial
 branch in this division of this Act, unless notice of the
 revisions is given prior to their effective date to the
 legislative services agency. The notice shall include
 information on the branch's rationale for making the changes
 and details concerning the workload and performance measures
 upon which the changes are based.
    7.  The judicial branch shall submit a semiannual update
 to the legislative services agency specifying the amounts of
 fines, surcharges, and court costs collected using the Iowa
 court information system since the last report. The judicial
 branch shall continue to facilitate the sharing of vital
 sentencing and other information with other state departments
 and governmental agencies involved in the criminal justice
 system through the Iowa court information system.
    8.  The judicial branch shall provide a report to the general
 assembly by January 1, 2016, concerning the amounts received
 and expended from the enhanced court collections fund created
 in section 602.1304 and the court technology and modernization
 fund created in section 602.8108, subsection 7, during the
 fiscal year beginning July 1, 2014, and ending June 30, 2015,
 and the plans for expenditures from each fund during the fiscal
 year beginning July 1, 2015, and ending June 30, 2016. A copy
 of the report shall be provided to the legislative services
 agency.
    9.  The judicial branch shall emphasize the expansion of
 family treatment courts on a statewide basis.
    Sec. 2.  CIVIL TRIALS ==== LOCATION.  Notwithstanding any
 provision to the contrary, for the fiscal year beginning July
 1, 2015, and ending June 30, 2016, if all parties in a case
 agree, a civil trial including a jury trial may take place in a
 county contiguous to the county with proper jurisdiction, even
 if the contiguous county is located in an adjacent judicial
 district or judicial election district. If the trial is moved
 pursuant to this section, court personnel shall treat the case
 as if a change of venue occurred. However, if a trial is moved
 to an adjacent judicial district or judicial election district,
 the judicial officers serving in the judicial district or
 judicial election district receiving the case shall preside
 over the case.
    Sec. 3.  TRAVEL REIMBURSEMENT.  Notwithstanding section
 602.1509, for the fiscal year beginning July 1, 2015, a
 judicial officer may waive travel reimbursement for any travel
 outside the judicial officer's county of residence to conduct
 official judicial business.
    Sec. 4.  JUDICIAL OFFICER ==== UNPAID LEAVE.  Notwithstanding
 the annual salary rates for judicial officers established by
 2013 Iowa Acts, chapter 140, section 40, for the fiscal year
 beginning July 1, 2015, and ending June 30, 2016, the supreme
 court may by order place all judicial officers on unpaid leave
 status on any day employees of the judicial branch are placed
 on temporary layoff status. The biweekly pay of the judicial
 officers shall be reduced accordingly for the pay period in
 which the unpaid leave date occurred in the same manner as
 for noncontract employees of the judicial branch. Through
 the course of the fiscal year, the judicial branch may use an
 amount equal to the aggregate amount of salary reductions due
 to the judicial officer unpaid leave days for any purpose other
 than for judicial salaries.
    Sec. 5.  IOWA COMMUNICATIONS NETWORK.  It is the intent
 of the general assembly that the judicial branch utilize
 the Iowa communications network or other secure electronic
 communications in lieu of traveling for the fiscal year
 beginning July 1, 2015, and ending June 30, 2016.
                           DIVISION II
                          FY 2016=2017
    Sec. 6.  JUDICIAL BRANCH.
    1.  There is appropriated from the general fund of the state
 to the judicial branch for the fiscal year beginning July 1,
 2016, and ending June 30, 2017, the following amounts, or so
 much thereof as is necessary, to be used for the purposes
 designated:
    a.  For salaries of supreme court justices, appellate court
 judges, district court judges, district associate judges,
 associate juvenile judges, associate probate judges, judicial
 magistrates and staff, state court administrator, clerk of the
 supreme court, district court administrators, clerks of the
 district court, juvenile court officers, board of law examiners
 and board of examiners of shorthand reporters and judicial
 qualifications commission; receipt and disbursement of child
 support payments; reimbursement of the auditor of state for
 expenses incurred in completing audits of the offices of the
 clerks of the district court during the fiscal year beginning
 July 1, 2016; and maintenance, equipment, and miscellaneous
 purposes:
 .................................................. $ 85,743,306
    b.  For deposit in the revolving fund created pursuant to
 section 602.1302, subsection 3, for jury and witness fees,
 mileage, costs related to summoning jurors, costs and fees for
 interpreters and translators, and reimbursement of attorney
 fees paid by the state public defender:
 .................................................. $  1,550,000
    2.  The judicial branch, except for purposes of internal
 processing, shall use the current state budget system, the
 state payroll system, and the Iowa finance and accounting
 system in administration of programs and payments for services,
 and shall not duplicate the state payroll, accounting, and
 budgeting systems.
    3.  The judicial branch shall submit monthly financial
 statements to the legislative services agency and the
 department of management containing all appropriated accounts
 in the same manner as provided in the monthly financial status
 reports and personal services usage reports of the department
 of administrative services. The monthly financial statements
 shall include a comparison of the dollars and percentage
 spent of budgeted versus actual revenues and expenditures on
 a cumulative basis for full=time equivalent positions and
 dollars.
    4.  The judicial branch shall focus efforts upon the
 collection of delinquent fines, penalties, court costs, fees,
 surcharges, or similar amounts.
    5.  It is the intent of the general assembly that the offices
 of the clerks of the district court operate in all 99 counties
 and be accessible to the public as much as is reasonably
 possible in order to address the relative needs of the citizens
 of each county.
    6.  In addition to the requirements for transfers under
 section 8.39, the judicial branch shall not change the
 appropriations from the amounts appropriated to the judicial
 branch in this division of this Act, unless notice of the
 revisions is given prior to their effective date to the
 legislative services agency. The notice shall include
 information on the branch's rationale for making the changes
 and details concerning the workload and performance measures
 upon which the changes are based.
    7.  The judicial branch shall submit a semiannual update
 to the legislative services agency specifying the amounts of
 fines, surcharges, and court costs collected using the Iowa
 court information system since the last report. The judicial
 branch shall continue to facilitate the sharing of vital
 sentencing and other information with other state departments
 and governmental agencies involved in the criminal justice
 system through the Iowa court information system.
    8.  The judicial branch shall provide a report to the general
 assembly by January 1, 2017, concerning the amounts received
 and expended from the enhanced court collections fund created
 in section 602.1304 and the court technology and modernization
 fund created in section 602.8108, subsection 7, during the
 fiscal year beginning July 1, 2015, and ending June 30, 2016,
 and the plans for expenditures from each fund during the fiscal
 year beginning July 1, 2016, and ending June 30, 2017. A copy
 of the report shall be provided to the legislative services
 agency.
    9.  The judicial branch shall emphasize the expansion of
 family treatment courts on a statewide basis.
    Sec. 7.  CIVIL TRIALS ==== LOCATION.  Notwithstanding any
 provision to the contrary, for the fiscal year beginning July
 1, 2016, and ending June 30, 2017, if all parties in a case
 agree, a civil trial including a jury trial may take place in a
 county contiguous to the county with proper jurisdiction, even
 if the contiguous county is located in an adjacent judicial
 district or judicial election district. If the trial is moved
 pursuant to this section, court personnel shall treat the case
 as if a change of venue occurred. However, if a trial is moved
 to an adjacent judicial district or judicial election district,
 the judicial officers serving in the judicial district or
 judicial election district receiving the case shall preside
 over the case.
    Sec. 8.  TRAVEL REIMBURSEMENT.  Notwithstanding section
 602.1509, for the fiscal year beginning July 1, 2016, a
 judicial officer may waive travel reimbursement for any travel
 outside the judicial officer's county of residence to conduct
 official judicial business.
    Sec. 9.  JUDICIAL OFFICER ==== UNPAID LEAVE.  Notwithstanding
 the annual salary rates for judicial officers established by
 2013 Iowa Acts, chapter 140, section 40, for the fiscal year
 beginning July 1, 2016, and ending June 30, 2017, the supreme
 court may by order place all judicial officers on unpaid leave
 status on any day employees of the judicial branch are placed
 on temporary layoff status. The biweekly pay of the judicial
 officers shall be reduced accordingly for the pay period in
 which the unpaid leave date occurred in the same manner as
 for noncontract employees of the judicial branch. Through
 the course of the fiscal year, the judicial branch may use an
 amount equal to the aggregate amount of salary reductions due
 to the judicial officer unpaid leave days for any purpose other
 than for judicial salaries.
    Sec. 10.  IOWA COMMUNICATIONS NETWORK.  It is the intent
 of the general assembly that the judicial branch utilize
 the Iowa communications network or other secure electronic
 communications in lieu of traveling for the fiscal year
 beginning July 1, 2016, and ending June 30, 2017.
                          DIVISION III
                 CONDITIONAL EFFECTIVE DATE AND
              RETROACTIVE APPLICABILITY PROVISIONS
    Sec. 11.  EFFECTIVE UPON ENACTMENT.  Unless otherwise
 provided, this Act, if approved by the governor on or after
 July 1, 2015, takes effect upon enactment.
    Sec. 12.  RETROACTIVE APPLICABILITY.  Unless otherwise
 provided, this Act, if approved by the governor on or after
 July 1, 2015, applies retroactively to July 1, 2015.


                                                             
                               PAM JOCHUM
                               President of the Senate


                                                             
                               KRAIG PAULSEN
                               Speaker of the House
    I hereby certify that this bill originated in the Senate and
 is known as Senate File 496, Eighty=sixth General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2015


                                                             
                               TERRY E. BRANSTAD
                               Governor

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