Bill Text: IA SSB1142 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to appropriations to the judicial branch.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-02-13 - Subcommittee: Breitbach, Garrett and Taylor, T.. [SSB1142 Detail]
Download: Iowa-2019-SSB1142-Introduced.html
Senate
Study
Bill
1142
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
GOVERNOR
BUDGET
BILL)
A
BILL
FOR
An
Act
relating
to
appropriations
to
the
judicial
branch.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
TLSB
1015XG
(7)
88
asf/tm
S.F.
_____
H.F.
_____
DIVISION
I
1
FY
2019-2020
2
Section
1.
JUDICIAL
BRANCH.
3
1.
There
is
appropriated
from
the
general
fund
of
the
state
4
to
the
judicial
branch
for
the
fiscal
year
beginning
July
1,
5
2019,
and
ending
June
30,
2020,
the
following
amounts,
or
so
6
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
7
designated:
8
a.
For
salaries
of
supreme
court
justices,
appellate
court
9
judges,
district
court
judges,
district
associate
judges,
10
associate
juvenile
judges,
associate
probate
judges,
judicial
11
magistrates
and
staff,
state
court
administrator,
clerk
of
the
12
supreme
court,
district
court
administrators,
clerks
of
the
13
district
court,
juvenile
court
officers,
board
of
law
examiners
14
and
board
of
examiners
of
shorthand
reporters
and
judicial
15
qualifications
commission;
receipt
and
disbursement
of
child
16
support
payments;
reimbursement
of
the
auditor
of
state
for
17
expenses
incurred
in
completing
audits
of
the
offices
of
the
18
clerks
of
the
district
court
during
the
fiscal
year
beginning
19
July
1,
2019;
and
maintenance,
equipment,
and
miscellaneous
20
purposes:
21
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$182,988,057
22
b.
For
deposit
in
the
revolving
fund
created
pursuant
to
23
section
602.1302,
subsection
3
,
for
jury
and
witness
fees,
24
mileage,
costs
related
to
summoning
jurors,
costs
and
fees
for
25
interpreters
and
translators,
and
reimbursement
of
attorney
26
fees
paid
by
the
state
public
defender:
27
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
3,100,000
28
2.
The
judicial
branch,
except
for
purposes
of
internal
29
processing,
shall
use
the
current
state
budget
system,
the
30
state
payroll
system,
and
the
Iowa
finance
and
accounting
31
system
in
administration
of
programs
and
payments
for
services,
32
and
shall
not
duplicate
the
state
payroll,
accounting,
and
33
budgeting
systems.
34
3.
The
judicial
branch
shall
submit
monthly
financial
35
-1-
LSB
1015XG
(7)
88
asf/tm
1/
9
S.F.
_____
H.F.
_____
statements
to
the
legislative
services
agency
and
the
1
department
of
management
containing
all
appropriated
accounts
2
in
the
same
manner
as
provided
in
the
monthly
financial
status
3
reports
and
personal
services
usage
reports
of
the
department
4
of
administrative
services.
The
monthly
financial
statements
5
shall
include
a
comparison
of
the
dollars
and
percentage
6
spent
of
budgeted
versus
actual
revenues
and
expenditures
on
7
a
cumulative
basis
for
full-time
equivalent
positions
and
8
dollars.
9
4.
The
judicial
branch
shall
focus
efforts
upon
the
10
collection
of
delinquent
fines,
penalties,
court
costs,
fees,
11
surcharges,
or
similar
amounts.
12
5.
It
is
the
intent
of
the
general
assembly
that
the
offices
13
of
the
clerks
of
the
district
court
operate
in
all
99
counties
14
and
be
accessible
to
the
public
as
much
as
is
reasonably
15
possible
in
order
to
address
the
relative
needs
of
the
citizens
16
of
each
county.
17
6.
In
addition
to
the
requirements
for
transfers
under
18
section
8.39
,
the
judicial
branch
shall
not
change
the
19
appropriations
from
the
amounts
appropriated
to
the
judicial
20
branch
in
this
division
of
this
Act,
unless
notice
of
the
21
revisions
is
given
prior
to
their
effective
date
to
the
22
legislative
services
agency.
The
notice
shall
include
23
information
on
the
branch’s
rationale
for
making
the
changes
24
and
details
concerning
the
workload
and
performance
measures
25
upon
which
the
changes
are
based.
26
7.
The
judicial
branch
shall
submit
a
semiannual
update
27
to
the
legislative
services
agency
specifying
the
amounts
of
28
fines,
surcharges,
and
court
costs
collected
using
the
Iowa
29
court
information
system
since
the
last
report.
The
judicial
30
branch
shall
continue
to
facilitate
the
sharing
of
vital
31
sentencing
and
other
information
with
other
state
departments
32
and
governmental
agencies
involved
in
the
criminal
justice
33
system
through
the
Iowa
court
information
system.
34
8.
The
judicial
branch
shall
provide
a
report
to
the
general
35
-2-
LSB
1015XG
(7)
88
asf/tm
2/
9
S.F.
_____
H.F.
_____
assembly
by
January
1,
2020,
concerning
the
amounts
received
1
and
expended
from
the
enhanced
court
collections
fund
created
2
in
section
602.1304
and
the
court
technology
and
modernization
3
fund
created
in
section
602.8108,
subsection
9
,
during
the
4
fiscal
year
beginning
July
1,
2018,
and
ending
June
30,
2019,
5
and
the
plans
for
expenditures
from
each
fund
during
the
fiscal
6
year
beginning
July
1,
2019,
and
ending
June
30,
2020.
A
copy
7
of
the
report
shall
be
provided
to
the
legislative
services
8
agency.
9
Sec.
2.
CIVIL
TRIALS
——
LOCATION.
Notwithstanding
any
10
provision
to
the
contrary,
for
the
fiscal
year
beginning
July
11
1,
2019,
and
ending
June
30,
2020,
if
all
parties
in
a
case
12
agree,
a
civil
trial
including
a
jury
trial
may
take
place
in
a
13
county
contiguous
to
the
county
with
proper
jurisdiction,
even
14
if
the
contiguous
county
is
located
in
an
adjacent
judicial
15
district
or
judicial
election
district.
If
the
trial
is
moved
16
pursuant
to
this
section,
court
personnel
shall
treat
the
case
17
as
if
a
change
of
venue
occurred.
However,
if
a
trial
is
moved
18
to
an
adjacent
judicial
district
or
judicial
election
district,
19
the
judicial
officers
serving
in
the
judicial
district
or
20
judicial
election
district
receiving
the
case
shall
preside
21
over
the
case.
22
Sec.
3.
TRAVEL
REIMBURSEMENT.
Notwithstanding
section
23
602.1509
,
for
the
fiscal
year
beginning
July
1,
2019,
and
24
ending
June
30,
2020,
a
judicial
officer
may
waive
travel
25
reimbursement
for
any
travel
outside
the
judicial
officer’s
26
county
of
residence
to
conduct
official
judicial
business.
27
Sec.
4.
JUDICIAL
OFFICER
——
UNPAID
LEAVE.
Notwithstanding
28
the
annual
salary
rates
for
judicial
officers
established
by
29
2013
Iowa
Acts,
chapter
140,
section
40,
for
the
fiscal
year
30
beginning
July
1,
2019,
and
ending
June
30,
2020,
the
supreme
31
court
may
by
order
place
all
judicial
officers
on
unpaid
leave
32
status
on
any
day
employees
of
the
judicial
branch
are
placed
33
on
temporary
layoff
status.
The
biweekly
pay
of
the
judicial
34
officers
shall
be
reduced
accordingly
for
the
pay
period
in
35
-3-
LSB
1015XG
(7)
88
asf/tm
3/
9
S.F.
_____
H.F.
_____
which
the
unpaid
leave
date
occurred
in
the
same
manner
as
1
for
noncontract
employees
of
the
judicial
branch.
Through
2
the
course
of
the
fiscal
year,
the
judicial
branch
may
use
an
3
amount
equal
to
the
aggregate
amount
of
salary
reductions
due
4
to
the
judicial
officer
unpaid
leave
days
for
any
purpose
other
5
than
for
judicial
salaries.
6
Sec.
5.
IOWA
COMMUNICATIONS
NETWORK.
It
is
the
intent
7
of
the
general
assembly
that
the
judicial
branch
utilize
8
the
Iowa
communications
network
or
other
secure
electronic
9
communications
in
lieu
of
traveling
for
the
fiscal
year
10
beginning
July
1,
2019,
and
ending
June
30,
2020.
11
DIVISION
II
12
FY
2020-2021
13
Sec.
6.
JUDICIAL
BRANCH.
14
1.
There
is
appropriated
from
the
general
fund
of
the
state
15
to
the
judicial
branch
for
the
fiscal
year
beginning
July
1,
16
2020,
and
ending
June
30,
2021,
the
following
amounts,
or
so
17
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
18
designated:
19
a.
For
salaries
of
supreme
court
justices,
appellate
court
20
judges,
district
court
judges,
district
associate
judges,
21
associate
juvenile
judges,
associate
probate
judges,
judicial
22
magistrates
and
staff,
state
court
administrator,
clerk
of
the
23
supreme
court,
district
court
administrators,
clerks
of
the
24
district
court,
juvenile
court
officers,
board
of
law
examiners
25
and
board
of
examiners
of
shorthand
reporters
and
judicial
26
qualifications
commission;
receipt
and
disbursement
of
child
27
support
payments;
reimbursement
of
the
auditor
of
state
for
28
expenses
incurred
in
completing
audits
of
the
offices
of
the
29
clerks
of
the
district
court
during
the
fiscal
year
beginning
30
July
1,
2020;
and
maintenance,
equipment,
and
miscellaneous
31
purposes:
32
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$186,810,696
33
b.
For
deposit
in
the
revolving
fund
created
pursuant
to
34
section
602.1302,
subsection
3
,
for
jury
and
witness
fees,
35
-4-
LSB
1015XG
(7)
88
asf/tm
4/
9
S.F.
_____
H.F.
_____
mileage,
costs
related
to
summoning
jurors,
costs
and
fees
for
1
interpreters
and
translators,
and
reimbursement
of
attorney
2
fees
paid
by
the
state
public
defender:
3
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
3,100,000
4
2.
The
judicial
branch,
except
for
purposes
of
internal
5
processing,
shall
use
the
current
state
budget
system,
the
6
state
payroll
system,
and
the
Iowa
finance
and
accounting
7
system
in
administration
of
programs
and
payments
for
services,
8
and
shall
not
duplicate
the
state
payroll,
accounting,
and
9
budgeting
systems.
10
3.
The
judicial
branch
shall
submit
monthly
financial
11
statements
to
the
legislative
services
agency
and
the
12
department
of
management
containing
all
appropriated
accounts
13
in
the
same
manner
as
provided
in
the
monthly
financial
status
14
reports
and
personal
services
usage
reports
of
the
department
15
of
administrative
services.
The
monthly
financial
statements
16
shall
include
a
comparison
of
the
dollars
and
percentage
17
spent
of
budgeted
versus
actual
revenues
and
expenditures
on
18
a
cumulative
basis
for
full-time
equivalent
positions
and
19
dollars.
20
4.
The
judicial
branch
shall
focus
efforts
upon
the
21
collection
of
delinquent
fines,
penalties,
court
costs,
fees,
22
surcharges,
or
similar
amounts.
23
5.
It
is
the
intent
of
the
general
assembly
that
the
offices
24
of
the
clerks
of
the
district
court
operate
in
all
99
counties
25
and
be
accessible
to
the
public
as
much
as
is
reasonably
26
possible
in
order
to
address
the
relative
needs
of
the
citizens
27
of
each
county.
28
6.
In
addition
to
the
requirements
for
transfers
under
29
section
8.39
,
the
judicial
branch
shall
not
change
the
30
appropriations
from
the
amounts
appropriated
to
the
judicial
31
branch
in
this
division
of
this
Act,
unless
notice
of
the
32
revisions
is
given
prior
to
their
effective
date
to
the
33
legislative
services
agency.
The
notice
shall
include
34
information
on
the
branch’s
rationale
for
making
the
changes
35
-5-
LSB
1015XG
(7)
88
asf/tm
5/
9
S.F.
_____
H.F.
_____
and
details
concerning
the
workload
and
performance
measures
1
upon
which
the
changes
are
based.
2
7.
The
judicial
branch
shall
submit
a
semiannual
update
3
to
the
legislative
services
agency
specifying
the
amounts
of
4
fines,
surcharges,
and
court
costs
collected
using
the
Iowa
5
court
information
system
since
the
last
report.
The
judicial
6
branch
shall
continue
to
facilitate
the
sharing
of
vital
7
sentencing
and
other
information
with
other
state
departments
8
and
governmental
agencies
involved
in
the
criminal
justice
9
system
through
the
Iowa
court
information
system.
10
8.
The
judicial
branch
shall
provide
a
report
to
the
general
11
assembly
by
January
1,
2021,
concerning
the
amounts
received
12
and
expended
from
the
enhanced
court
collections
fund
created
13
in
section
602.1304
and
the
court
technology
and
modernization
14
fund
created
in
section
602.8108,
subsection
9
,
during
the
15
fiscal
year
beginning
July
1,
2019,
and
ending
June
30,
2020,
16
and
the
plans
for
expenditures
from
each
fund
during
the
fiscal
17
year
beginning
July
1,
2020,
and
ending
June
30,
2021.
A
copy
18
of
the
report
shall
be
provided
to
the
legislative
services
19
agency.
20
Sec.
7.
CIVIL
TRIALS
——
LOCATION.
Notwithstanding
any
21
provision
to
the
contrary,
for
the
fiscal
year
beginning
July
22
1,
2020,
and
ending
June
30,
2021,
if
all
parties
in
a
case
23
agree,
a
civil
trial
including
a
jury
trial
may
take
place
in
a
24
county
contiguous
to
the
county
with
proper
jurisdiction,
even
25
if
the
contiguous
county
is
located
in
an
adjacent
judicial
26
district
or
judicial
election
district.
If
the
trial
is
moved
27
pursuant
to
this
section,
court
personnel
shall
treat
the
case
28
as
if
a
change
of
venue
occurred.
However,
if
a
trial
is
moved
29
to
an
adjacent
judicial
district
or
judicial
election
district,
30
the
judicial
officers
serving
in
the
judicial
district
or
31
judicial
election
district
receiving
the
case
shall
preside
32
over
the
case.
33
Sec.
8.
TRAVEL
REIMBURSEMENT.
Notwithstanding
section
34
602.1509
,
for
the
fiscal
year
beginning
July
1,
2020,
and
35
-6-
LSB
1015XG
(7)
88
asf/tm
6/
9
S.F.
_____
H.F.
_____
ending
June
30,
2021,
a
judicial
officer
may
waive
travel
1
reimbursement
for
any
travel
outside
the
judicial
officer’s
2
county
of
residence
to
conduct
official
judicial
business.
3
Sec.
9.
JUDICIAL
OFFICER
——
UNPAID
LEAVE.
Notwithstanding
4
the
annual
salary
rates
for
judicial
officers
established
by
5
2013
Iowa
Acts,
chapter
140,
section
40,
for
the
fiscal
year
6
beginning
July
1,
2020,
and
ending
June
30,
2021,
the
supreme
7
court
may
by
order
place
all
judicial
officers
on
unpaid
leave
8
status
on
any
day
employees
of
the
judicial
branch
are
placed
9
on
temporary
layoff
status.
The
biweekly
pay
of
the
judicial
10
officers
shall
be
reduced
accordingly
for
the
pay
period
in
11
which
the
unpaid
leave
date
occurred
in
the
same
manner
as
12
for
noncontract
employees
of
the
judicial
branch.
Through
13
the
course
of
the
fiscal
year,
the
judicial
branch
may
use
an
14
amount
equal
to
the
aggregate
amount
of
salary
reductions
due
15
to
the
judicial
officer
unpaid
leave
days
for
any
purpose
other
16
than
for
judicial
salaries.
17
Sec.
10.
IOWA
COMMUNICATIONS
NETWORK.
It
is
the
intent
18
of
the
general
assembly
that
the
judicial
branch
utilize
19
the
Iowa
communications
network
or
other
secure
electronic
20
communications
in
lieu
of
traveling
for
the
fiscal
year
21
beginning
July
1,
2020,
and
ending
June
30,
2021.
22
DIVISION
III
23
PROPOSED
BUDGET
PROCESS
24
Sec.
11.
Section
602.1301,
subsection
2,
paragraph
b,
Code
25
2019,
is
amended
to
read
as
follows:
26
b.
Before
December
1,
the
supreme
court
shall
submit
to
the
27
director
of
the
department
of
management
an
estimate
of
the
28
total
expenditure
requirements
of
the
judicial
branch.
The
29
director
of
the
department
of
management
shall
submit
this
30
estimate
received
from
the
supreme
court
to
the
governor
for
31
inclusion
without
change
in
the
governor’s
proposed
budget
for
32
the
succeeding
fiscal
year
,
except
the
portion
of
the
total
33
expenditure
requirements
attributable
to
an
increase
of
the
34
salary
rate
for
a
judicial
position,
including
chief
justice
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of
the
supreme
court,
each
justice
of
the
supreme
court,
chief
1
judge
of
the
court
of
appeals,
each
associate
judge
of
the
2
court
of
appeals,
each
chief
judge
of
a
judicial
district,
each
3
district
judge
except
the
chief
judge
of
a
judicial
district,
4
each
district
associate
judge,
each
associate
juvenile
judge,
5
each
associate
probate
judge,
each
judicial
magistrate,
and
6
each
senior
judge,
shall
not
be
included
in
the
governor’s
7
proposed
budget
.
The
estimate
shall
also
be
submitted
to
the
8
chairpersons
of
the
committees
on
appropriations.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
makes
appropriations
to
the
judicial
branch.
13
The
bill
appropriates
from
the
general
fund
of
the
state
14
for
FY
2019-2020
and
FY
2020-2021
to
the
judicial
branch
for
15
salaries,
maintenance,
equipment,
and
miscellaneous
purposes.
16
The
bill
provides
that
a
civil
trial
including
a
jury
trial
17
may
take
place
in
a
county
contiguous
to
the
county
with
proper
18
jurisdiction,
even
if
the
contiguous
county
is
located
in
an
19
adjacent
judicial
district
or
judicial
election
district,
if
20
all
the
parties
in
a
case
agree.
If
a
trial
is
moved
to
another
21
county
that
is
located
in
another
judicial
district
or
judicial
22
election
district,
the
judicial
officers
serving
the
judicial
23
district
or
judicial
election
district
receiving
the
case
shall
24
preside
over
the
case.
25
The
bill
permits
a
judicial
officer
to
waive
travel
26
reimbursement
for
any
travel
outside
the
judicial
officer’s
27
county
of
residence
to
conduct
official
business.
28
The
bill
allows
a
judicial
officer
to
be
placed
on
unpaid
29
leave
for
the
fiscal
years
beginning
July
1,
2019,
and
July
1,
30
2020,
on
any
day
a
court
employee
is
required
to
furlough.
The
31
bill
provides
that
if
a
judicial
officer
is
placed
on
unpaid
32
leave,
the
salary
of
the
judicial
officer
shall
be
reduced
33
accordingly
for
the
pay
period
in
which
the
unpaid
leave
34
occurred.
Through
the
course
of
the
fiscal
year,
the
bill
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provides
that
the
judicial
branch
may
use
an
amount
equal
to
1
the
aggregate
amount
of
the
salary
reductions
due
to
judicial
2
officer
unpaid
leave
for
any
purpose
other
than
judicial
3
salaries.
4
The
bill
states
legislative
intent
that
the
judicial
5
branch
utilize
the
Iowa
communications
network
or
other
secure
6
electronic
communications
in
lieu
of
traveling.
7
Current
law
provides
that
before
December
1,
the
supreme
8
court
shall
submit
to
the
director
of
the
department
of
9
management
an
estimate
of
the
total
expenditure
requirements
10
of
the
judicial
branch
and
the
director
of
the
department
of
11
management
shall
submit
this
estimate
received
from
the
supreme
12
court
to
the
governor
for
inclusion
without
change
in
the
13
governor’s
proposed
budget
for
the
succeeding
fiscal
year.
14
The
bill
provides
that
the
portion
of
the
estimated
total
15
expenditure
requirements
attributable
to
an
increase
of
the
16
salary
rate
for
a
judicial
position,
which
are
specified
in
the
17
bill,
shall
not
be
included
in
the
governor’s
proposed
budget.
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