Bill Text: IA SF511 | 2011-2012 | 84th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to and making appropriations to the judicial branch. (Formerly SSB 1197.) Effective 7-29-11.

Sponsorship: Committee Bill

Status: (Passed) 2011-12-31 - END OF 2011 ACTIONS [SF511 Detail]

Download: Iowa-2011-SF511-Enrolled.html

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Senate File 511
AN ACT
RELATING TO AND MAKING APPROPRIATIONS TO THE JUDICIAL BRANCH.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
FY 2011-2012
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,
2011, and ending June 30, 2012, the following amount, 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,
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, 2011; and maintenance, equipment, and
miscellaneous purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $154,111,822
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, fees for
interpreters, and reimbursement of attorney fees paid by the
state public defender:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,300,000

Senate File 511, p. 2
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 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, 2012, concerning the amounts received

Senate File 511, p. 3
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, 2010, and ending June 30, 2011,
and the plans for expenditures from each fund during the fiscal
year beginning July 1, 2011, and ending June 30, 2012. A copy
of the report shall be provided to the legislative services
agency.
9. The judicial branch is encouraged to purchase products
from Iowa state industries, as defined in section 904.802, when
purchases are required and the products are available from Iowa
state industries. The judicial branch shall obtain bids from
Iowa state industries for purchases of office furniture during
the fiscal year beginning July 1, 2011, exceeding $5,000.
Sec. 2. CIVIL TRIALS —— LOCATION. Notwithstanding any
provision to the contrary, for the fiscal year beginning July
1, 2011, and ending June 30, 2012, 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, 2011, 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. POSTING OF REPORTS IN ELECTRONIC FORMAT ——
LEGISLATIVE SERVICES AGENCY. All reports or copies of reports
required to be provided by the judicial branch for fiscal year
2011-2012 to the legislative services agency shall be provided
in an electronic format. The legislative services agency shall
post the reports on its internet website and shall notify by
electronic means all the members of the joint appropriations
subcommittee on the justice system when a report is posted.
Upon request, copies of the reports may be mailed to members of
the joint appropriations subcommittee on the justice system.
Sec. 5. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding

Senate File 511, p. 4
the annual salary rates for judicial officers established by
2008 Iowa Acts, chapter 1191, section 11, for the fiscal year
beginning July 1, 2011, and ending June 30, 2012, 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, 2011.
DIVISION II
FY 2012-2013
Sec. 7. JUDICIAL BRANCH.
1. There is appropriated from the general fund of the state
to the judicial branch for the fiscal year beginning July 1,
2012, and ending June 30, 2013, the following amount, 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,
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, 2012; and maintenance, equipment, and
miscellaneous purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 77,055,911
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, fees for
interpreters, and reimbursement of attorney fees paid by the

Senate File 511, p. 5
state public defender:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,150,000
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.

Senate File 511, p. 6
8. The judicial branch shall provide a report to the general
assembly by January 1, 2013, 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, 2011, and ending June 30, 2012,
and the plans for expenditures from each fund during the fiscal
year beginning July 1, 2012, and ending June 30, 2013. A copy
of the report shall be provided to the legislative services
agency.
9. The judicial branch is encouraged to purchase products
from Iowa state industries, as defined in section 904.802, when
purchases are required and the products are available from Iowa
state industries. The judicial branch shall obtain bids from
Iowa state industries for purchases of office furniture during
the fiscal year beginning July 1, 2012, exceeding $5,000.
Sec. 8. CIVIL TRIALS —— LOCATION.
Notwithstanding any provision to the contrary, for the fiscal
year beginning July 1, 2012, and ending June 30, 2013, 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. 9. TRAVEL REIMBURSEMENT. Notwithstanding section
602.1509, for the fiscal year beginning July 1, 2012, a
judicial officer may waive travel reimbursement for any travel
outside the judicial officer’s county of residence to conduct
official judicial business.
Sec. 10. POSTING OF REPORTS IN ELECTRONIC FORMAT ——
LEGISLATIVE SERVICES AGENCY. All reports or copies of reports
required to be provided by the judicial branch for fiscal year
2012-2013 to the legislative services agency shall be provided
in an electronic format. The legislative services agency shall
post the reports on its internet website and shall notify by
electronic means all the members of the joint appropriations
subcommittee on the justice system when a report is posted.
Upon request, copies of the reports may be mailed to members of

Senate File 511, p. 7
the joint appropriations subcommittee on the justice system.
Sec. 11. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding
the annual salary rates for judicial officers established by
2008 Iowa Acts, chapter 1191, section 11, for the fiscal year
beginning July 1, 2012, and ending June 30, 2013, 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. 12. 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, 2012.
______________________________
JOHN P. KIBBIE
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 511, Eighty-fourth General Assembly.
______________________________
MICHAEL E. MARSHALL
Secretary of the Senate
Approved _______________, 2011
______________________________
TERRY E. BRANSTAD
Governor