Bill Text: IA SF508 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act relating to appropriations to the judicial branch. (Formerly SSB 1194.) Effective 7-1-17.
Spectrum: Committee Bill
Status: (Passed) 2017-05-12 - NOBA: Graybook [SF508 Detail]
Download: Iowa-2017-SF508-Enrolled.html
Senate File 508 - Enrolled
SENATE FILE
BY COMMITTEE ON
APPROPRIATIONS
(SUCCESSOR TO SSB
1194)
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A BILL FOR
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Senate File 508
AN ACT
RELATING TO APPROPRIATIONS TO THE JUDICIAL BRANCH.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
FY 2017=2018
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,
2017, and ending June 30, 2018, 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, 2017; and maintenance, equipment, and miscellaneous
purposes:
.................................................. $175,686,612
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, 2018, 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 9, during the
fiscal year beginning July 1, 2016, and ending June 30, 2017,
and the plans for expenditures from each fund during the fiscal
year beginning July 1, 2017, and ending June 30, 2018. A copy
of the report shall be provided to the legislative services
agency.
Sec. 2. 2013 Iowa Acts, chapter 140, section 40, subsection
3, is amended to read as follows:
3. Notwithstanding subsections 1 and 2, in the fiscal
year beginning July 1, 2017, and ending June 30, 2018, the
supreme court may increase the annual salary rates specified
in subsection 2, by an amount not to exceed two and one=half
percent of the salary rate established for each judicial
position in subsection 2. Persons receiving the salary rates
established under this section shall not receive any additional
salary adjustments provided by this Act other than those
provided by this subsection.
Sec. 3. CIVIL TRIALS ==== LOCATION. Notwithstanding any
provision to the contrary, for the fiscal year beginning July
1, 2017, and ending June 30, 2018, 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. 4. TRAVEL REIMBURSEMENT. Notwithstanding section
602.1509, for the fiscal year beginning July 1, 2017, and
ending June 30, 2018, a judicial officer may waive travel
reimbursement for any travel outside the judicial officer's
county of residence to conduct official judicial business.
Sec. 5. 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, 2017, and ending June 30, 2018, 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. 6. 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, 2017, and ending June 30, 2018.
Sec. 7. ENHANCED COURT COLLECTIONS FUND AND COURT
TECHNOLOGY AND MODERNIZATION FUND. Notwithstanding section
602.1304, subsection 2, paragraph "c", and section 602.8108,
subsection 9, for the fiscal year beginning July 1, 2017, and
ending June 30, 2018, in addition to the purposes specified
in section 602.1304, subsection 2, paragraph "c", and in
section 602.8108, subsection 9, the moneys in the funds may be
used by the judicial branch for operational costs and other
miscellaneous purposes and duties.
Sec. 8. TOTAL EXPENDITURE REQUIREMENTS OF JUDICIAL BRANCH
== DEPARTMENT OF MANAGEMENT. When the supreme court submits to
the director of the department of management an estimate of the
total expenditure requirements of the judicial branch pursuant
to section 602.1301, subsection 2, paragraph "b", before
December 1, 2017, for the succeeding fiscal year, the director
of the department of management shall submit the estimate
received from the supreme court for inclusion without change
in the governor's proposed budget for the succeeding fiscal
year, except that portion of the total expenditure requirements
that includes any increase of the salary rate for a judicial
position established in 2013 Iowa Acts, chapter 140, section
40, which shall not be included in the governor's proposed
budget for the succeeding fiscal year.
DIVISION II
FY 2018=2019
Sec. 9. JUDICIAL BRANCH.
1. There is appropriated from the general fund of the state
to the judicial branch for the fiscal year beginning July 1,
2018, and ending June 30, 2019, 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, 2018; and maintenance, equipment, and miscellaneous
purposes:
.................................................. $ 87,843,306
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, 2019, 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 9, during the
fiscal year beginning July 1, 2017, and ending June 30, 2018,
and the plans for expenditures from each fund during the fiscal
year beginning July 1, 2018, and ending June 30, 2019. A copy
of the report shall be provided to the legislative services
agency.
Sec. 10. CIVIL TRIALS ==== LOCATION. Notwithstanding any
provision to the contrary, for the fiscal year beginning July
1, 2018, and ending June 30, 2019, 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. 11. TRAVEL REIMBURSEMENT. Notwithstanding section
602.1509, for the fiscal year beginning July 1, 2018, and
ending June 30, 2019, a judicial officer may waive travel
reimbursement for any travel outside the judicial officer's
county of residence to conduct official judicial business.
Sec. 12. 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, 2018, and ending June 30, 2019, 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. 13. 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, 2018, and ending June 30, 2019.
DIVISION III
COURT ADMINISTRATION
Sec. 14. COURT ADMINISTRATION. Notwithstanding other
provisions of this Act and section 602.1215, subsection 1,
sections 602.2301, 602.6113, 602.6201, subsections 5, 6, 7,
and 10, sections 602.6301, 602.6401, subsection 1, and section
602.6603, subsections 1, 2, 3, 4, and 7, for the fiscal years
beginning July 1, 2017, and July 1, 2018, the supreme court may
implement policies and procedures that may be contrary to the
requirements of this Act and the Code provisions referenced
in this section in order to efficiently and effectively
administer justice throughout the state. The state court
administrator shall submit a report to the chairpersons of the
joint appropriations subcommittee on the justice system and
the legislative services agency, fiscal services division,
by October 2, 2017, and October 1, 2018, respectively,
detailing the establishment of any new policies and procedures
implemented pursuant to this section that efficiently and
effectively administer justice throughout the state.
JACK WHITVER
President of the Senate
LINDA UPMEYER
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 508, Eighty=seventh General Assembly.
W. CHARLES SMITHSON
Secretary of the Senate
Approved , 2017
TERRY E. BRANSTAD
Governor
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