Bill Text: IA SSB1245 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to appropriations to the judicial branch.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2021-03-03 - Introduced, referred to Appropriations. [SSB1245 Detail]

Download: Iowa-2021-SSB1245-Introduced.html
Senate Study Bill 1245 - 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 (4) 89 as/tm
S.F. _____ H.F. _____ DIVISION I 1 FY 2021–2022 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 2021, and ending June 30, 2022, 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 12 the supreme court, district court administrators, clerks of 13 the district court, juvenile court officers, board of law 14 examiners, board of examiners of shorthand reporters, and 15 commission on judicial qualifications; receipt and disbursement 16 of child support payments; reimbursement of the auditor 17 of state for expenses incurred in completing audits of the 18 offices of the clerks of the district court during the fiscal 19 year beginning July 1, 2021; and maintenance, equipment, and 20 miscellaneous purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $190,112,527 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 (4) 89 as/tm 1/ 8
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. An office of the clerk of the district court 17 shall be open regular courthouse hours. 18 6. In addition to the requirements for transfers under 19 section 8.39, the judicial branch shall not change the 20 appropriations from the amounts appropriated to the judicial 21 branch in this division of this Act, unless notice of the 22 revisions is given to the legislative services agency prior 23 to the effective date. The notice shall include information 24 on the branch’s rationale for making the changes and details 25 concerning the workload and performance measures upon which the 26 changes are based. 27 7. The judicial branch shall submit a semiannual update 28 to the legislative services agency specifying the amounts of 29 fines, surcharges, and court costs collected using the Iowa 30 court information system since the last report. The judicial 31 branch shall continue to facilitate the sharing of vital 32 sentencing and other information with other state departments 33 and governmental agencies involved in the criminal justice 34 system through the Iowa court information system. 35 -2- LSB 1015XG (4) 89 as/tm 2/ 8
S.F. _____ H.F. _____ 8. The judicial branch shall provide a report to the general 1 assembly by January 1, 2022, concerning the amounts received 2 and expended from the enhanced court collections fund created 3 in section 602.1304 and the court technology and modernization 4 fund created in section 602.8108, subsection 7, during the 5 fiscal year beginning July 1, 2020, and ending June 30, 2021, 6 and the plans for expenditures from each fund during the fiscal 7 year beginning July 1, 2021, and ending June 30, 2022. A copy 8 of the report shall be provided to the legislative services 9 agency. 10 Sec. 2. CIVIL TRIALS —— LOCATION. Notwithstanding any 11 provision to the contrary, for the fiscal year beginning July 12 1, 2021, and ending June 30, 2022, if all parties in a case 13 agree, a civil trial including a jury trial may take place in a 14 county contiguous to the county with proper jurisdiction, even 15 if the contiguous county is located in an adjacent judicial 16 district or judicial election district. If the trial is moved 17 pursuant to this section, court personnel shall treat the case 18 as if a change of venue occurred. However, if a trial is moved 19 to an adjacent judicial district or judicial election district, 20 the judicial officers serving in the judicial district or 21 judicial election district receiving the case shall preside 22 over the case. 23 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section 24 602.1509, for the fiscal year beginning July 1, 2021, and 25 ending June 30, 2022, a judicial officer may waive travel 26 reimbursement for any travel outside the judicial officer’s 27 county of residence to conduct official judicial business. 28 Sec. 4. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 29 the annual salary rates for judicial officers established by 30 2019 Iowa Acts, chapter 155, section 6, for the fiscal year 31 beginning July 1, 2021, and ending June 30, 2022, the supreme 32 court may by order place all judicial officers on unpaid leave 33 status on any day employees of the judicial branch are placed 34 on temporary layoff status. The biweekly pay of the judicial 35 -3- LSB 1015XG (4) 89 as/tm 3/ 8
S.F. _____ H.F. _____ officers shall be reduced accordingly for the pay period in 1 which the unpaid leave date occurred in the same manner as 2 for noncontract employees of the judicial branch. Through 3 the course of the fiscal year, the judicial branch may use an 4 amount equal to the aggregate amount of salary reductions due 5 to the judicial officer unpaid leave days for any purpose other 6 than for judicial salaries. 7 Sec. 5. IOWA COMMUNICATIONS NETWORK. It is the intent 8 of the general assembly that the judicial branch utilize 9 the Iowa communications network or other secure electronic 10 communications in lieu of traveling for the fiscal year 11 beginning July 1, 2021, and ending June 30, 2022. 12 DIVISION II 13 FY 2022-2023 14 Sec. 6. JUDICIAL BRANCH. 15 1. There is appropriated from the general fund of the state 16 to the judicial branch for the fiscal year beginning July 1, 17 2022, and ending June 30, 2023, the following amounts, or so 18 much thereof as is necessary, to be used for the purposes 19 designated: 20 a. For salaries of supreme court justices, appellate court 21 judges, district court judges, district associate judges, 22 associate juvenile judges, associate probate judges, judicial 23 magistrates and staff, state court administrator, clerk of 24 the supreme court, district court administrators, clerks of 25 the district court, juvenile court officers, board of law 26 examiners, board of examiners of shorthand reporters, and 27 commission on judicial qualifications; receipt and disbursement 28 of child support payments; reimbursement of the auditor 29 of state for expenses incurred in completing audits of the 30 offices of the clerks of the district court during the fiscal 31 year beginning July 1, 2022; and maintenance, equipment, and 32 miscellaneous purposes: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $191,591,757 34 b. For deposit in the revolving fund created pursuant to 35 -4- LSB 1015XG (4) 89 as/tm 4/ 8
S.F. _____ H.F. _____ section 602.1302, subsection 3, for jury and witness fees, 1 mileage, costs related to summoning jurors, costs and fees for 2 interpreters and translators, and reimbursement of attorney 3 fees paid by the state public defender: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,100,000 5 2. The judicial branch, except for purposes of internal 6 processing, shall use the current state budget system, the 7 state payroll system, and the Iowa finance and accounting 8 system in administration of programs and payments for services, 9 and shall not duplicate the state payroll, accounting, and 10 budgeting systems. 11 3. The judicial branch shall submit monthly financial 12 statements to the legislative services agency and the 13 department of management containing all appropriated accounts 14 in the same manner as provided in the monthly financial status 15 reports and personal services usage reports of the department 16 of administrative services. The monthly financial statements 17 shall include a comparison of the dollars and percentage 18 spent of budgeted versus actual revenues and expenditures on 19 a cumulative basis for full-time equivalent positions and 20 dollars. 21 4. The judicial branch shall focus efforts upon the 22 collection of delinquent fines, penalties, court costs, fees, 23 surcharges, or similar amounts. 24 5. It is the intent of the general assembly that the offices 25 of the clerks of the district court operate in all 99 counties 26 and be accessible to the public as much as is reasonably 27 possible in order to address the relative needs of the citizens 28 of each county. An office of the clerk of the district court 29 shall be open regular courthouse hours. 30 6. In addition to the requirements for transfers under 31 section 8.39, the judicial branch shall not change the 32 appropriations from the amounts appropriated to the judicial 33 branch in this division of this Act, unless notice of the 34 revisions is given to the legislative services agency prior 35 -5- LSB 1015XG (4) 89 as/tm 5/ 8
S.F. _____ H.F. _____ to the effective date. The notice shall include information 1 on the branch’s rationale for making the changes and details 2 concerning the workload and performance measures upon which the 3 changes are based. 4 7. The judicial branch shall submit a semiannual update 5 to the legislative services agency specifying the amounts of 6 fines, surcharges, and court costs collected using the Iowa 7 court information system since the last report. The judicial 8 branch shall continue to facilitate the sharing of vital 9 sentencing and other information with other state departments 10 and governmental agencies involved in the criminal justice 11 system through the Iowa court information system. 12 8. The judicial branch shall provide a report to the general 13 assembly by January 1, 2023, concerning the amounts received 14 and expended from the enhanced court collections fund created 15 in section 602.1304 and the court technology and modernization 16 fund created in section 602.8108, subsection 7, during the 17 fiscal year beginning July 1, 2021, and ending June 30, 2022, 18 and the plans for expenditures from each fund during the fiscal 19 year beginning July 1, 2022, and ending June 30, 2023. A copy 20 of the report shall be provided to the legislative services 21 agency. 22 Sec. 7. CIVIL TRIALS —— LOCATION. Notwithstanding any 23 provision to the contrary, for the fiscal year beginning July 24 1, 2022, and ending June 30, 2023, if all parties in a case 25 agree, a civil trial including a jury trial may take place in a 26 county contiguous to the county with proper jurisdiction, even 27 if the contiguous county is located in an adjacent judicial 28 district or judicial election district. If the trial is moved 29 pursuant to this section, court personnel shall treat the case 30 as if a change of venue occurred. However, if a trial is moved 31 to an adjacent judicial district or judicial election district, 32 the judicial officers serving in the judicial district or 33 judicial election district receiving the case shall preside 34 over the case. 35 -6- LSB 1015XG (4) 89 as/tm 6/ 8
S.F. _____ H.F. _____ Sec. 8. TRAVEL REIMBURSEMENT. Notwithstanding section 1 602.1509, for the fiscal year beginning July 1, 2022, and 2 ending June 30, 2023, a judicial officer may waive travel 3 reimbursement for any travel outside the judicial officer’s 4 county of residence to conduct official judicial business. 5 Sec. 9. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 6 the annual salary rates for judicial officers established by 7 2019 Iowa Acts, chapter 155, section 6, for the fiscal year 8 beginning July 1, 2022, and ending June 30, 2023, the supreme 9 court may by order place all judicial officers on unpaid leave 10 status on any day employees of the judicial branch are placed 11 on temporary layoff status. The biweekly pay of the judicial 12 officers shall be reduced accordingly for the pay period in 13 which the unpaid leave date occurred in the same manner as 14 for noncontract employees of the judicial branch. Through 15 the course of the fiscal year, the judicial branch may use an 16 amount equal to the aggregate amount of salary reductions due 17 to the judicial officer unpaid leave days for any purpose other 18 than for judicial salaries. 19 Sec. 10. IOWA COMMUNICATIONS NETWORK. It is the intent 20 of the general assembly that the judicial branch utilize 21 the Iowa communications network or other secure electronic 22 communications in lieu of traveling for the fiscal year 23 beginning July 1, 2022, and ending June 30, 2023. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill makes appropriations to the judicial branch. 28 The bill appropriates moneys from the general fund of 29 the state for FY 2021-2022 and FY 2022–2023 to the judicial 30 branch for salaries, receipt and disbursement of child support 31 payments, reimbursement of the auditor of state, maintenance, 32 equipment, and miscellaneous purposes, and for deposit in the 33 revolving fund created pursuant to Code section 602.1302(3) for 34 certain purposes. 35 -7- LSB 1015XG (4) 89 as/tm 7/ 8
S.F. _____ H.F. _____ The bill provides that a civil trial including a jury trial 1 may take place in a county contiguous to the county with proper 2 jurisdiction, even if the contiguous county is located in an 3 adjacent judicial district or judicial election district, if 4 all parties in a case agree. If a trial is moved to another 5 county that is located in another judicial district or judicial 6 election district, the judicial officers serving the judicial 7 district or judicial election district receiving the case shall 8 preside over the case. 9 The bill permits a judicial officer to waive travel 10 reimbursement for any travel outside the judicial officer’s 11 county of residence to conduct official business. 12 The bill allows a judicial officer to be placed on unpaid 13 leave on any day a court employee is required to furlough. The 14 bill provides that if a judicial officer is placed on unpaid 15 leave, the salary of the judicial officer shall be reduced 16 accordingly for the pay period in which the unpaid leave 17 occurred. Through the course of the fiscal years, the bill 18 provides that the judicial branch may use an amount equal to 19 the aggregate amount of the salary reductions due to judicial 20 officer unpaid leave for any purpose other than judicial 21 salaries. 22 The bill states legislative intent that the judicial 23 branch utilize the Iowa communications network or other secure 24 electronic communications in lieu of traveling. 25 -8- LSB 1015XG (4) 89 as/tm 8/ 8
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