Bill Text: IA SSB3104 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to appropriations to the judicial branch, and including effective date and retroactive applicability provisions.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-01-31 - Subcommittee: Breitbach, Bolkcom, and Kraayenbrink. [SSB3104 Detail]
Download: Iowa-2019-SSB3104-Introduced.html
Senate
Study
Bill
3104
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
GOVERNOR
BUDGET
BILL)
A
BILL
FOR
An
Act
relating
to
appropriations
to
the
judicial
branch,
and
1
including
effective
date
and
retroactive
applicability
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
JUDICIAL
BRANCH.
1
1.
There
is
appropriated
from
the
general
fund
of
the
state
2
to
the
judicial
branch
for
the
fiscal
year
beginning
July
1,
3
2020,
and
ending
June
30,
2021,
the
following
amounts,
or
so
4
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
5
designated:
6
a.
For
salaries
of
supreme
court
justices,
appellate
court
7
judges,
district
court
judges,
district
associate
judges,
8
associate
juvenile
judges,
associate
probate
judges,
judicial
9
magistrates
and
staff,
state
court
administrator,
clerk
of
10
the
supreme
court,
district
court
administrators,
clerks
of
11
the
district
court,
juvenile
court
officers,
board
of
law
12
examiners,
board
of
examiners
of
shorthand
reporters,
and
13
commission
on
judicial
qualifications;
receipt
and
disbursement
14
of
child
support
payments;
reimbursement
of
the
auditor
15
of
state
for
expenses
incurred
in
completing
audits
of
the
16
offices
of
the
clerks
of
the
district
court
during
the
fiscal
17
year
beginning
July
1,
2020;
and
maintenance,
equipment,
and
18
miscellaneous
purposes:
19
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$188,442,452
20
b.
For
deposit
in
the
revolving
fund
created
pursuant
to
21
section
602.1302,
subsection
3,
for
jury
and
witness
fees,
22
mileage,
costs
related
to
summoning
jurors,
costs
and
fees
for
23
interpreters
and
translators,
and
reimbursement
of
attorney
24
fees
paid
by
the
state
public
defender:
25
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$
3,350,000
26
2.
The
judicial
branch,
except
for
purposes
of
internal
27
processing,
shall
use
the
current
state
budget
system,
the
28
state
payroll
system,
and
the
Iowa
finance
and
accounting
29
system
in
administration
of
programs
and
payments
for
services,
30
and
shall
not
duplicate
the
state
payroll,
accounting,
and
31
budgeting
systems.
32
3.
The
judicial
branch
shall
submit
monthly
financial
33
statements
to
the
legislative
services
agency
and
the
34
department
of
management
containing
all
appropriated
accounts
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in
the
same
manner
as
provided
in
the
monthly
financial
status
1
reports
and
personal
services
usage
reports
of
the
department
2
of
administrative
services.
The
monthly
financial
statements
3
shall
include
a
comparison
of
the
dollars
and
percentage
4
spent
of
budgeted
versus
actual
revenues
and
expenditures
on
5
a
cumulative
basis
for
full-time
equivalent
positions
and
6
dollars.
7
4.
The
judicial
branch
shall
focus
efforts
upon
the
8
collection
of
delinquent
fines,
penalties,
court
costs,
fees,
9
surcharges,
or
similar
amounts.
10
5.
It
is
the
intent
of
the
general
assembly
that
the
offices
11
of
the
clerks
of
the
district
court
operate
in
all
99
counties
12
and
be
accessible
to
the
public
as
much
as
is
reasonably
13
possible
in
order
to
address
the
relative
needs
of
the
citizens
14
of
each
county.
An
office
of
the
clerk
of
the
district
court
15
shall
be
open
regular
courthouse
hours.
16
6.
In
addition
to
the
requirements
for
transfers
under
17
section
8.39,
the
judicial
branch
shall
not
change
the
18
appropriations
from
the
amounts
appropriated
to
the
judicial
19
branch
in
this
Act,
unless
notice
of
the
revisions
is
given
to
20
the
legislative
services
agency
prior
to
the
effective
date.
21
The
notice
shall
include
information
on
the
branch’s
rationale
22
for
making
the
changes
and
details
concerning
the
workload
and
23
performance
measures
upon
which
the
changes
are
based.
24
7.
The
judicial
branch
shall
submit
a
semiannual
update
25
to
the
legislative
services
agency
specifying
the
amounts
of
26
fines,
surcharges,
and
court
costs
collected
using
the
Iowa
27
court
information
system
since
the
last
report.
The
judicial
28
branch
shall
continue
to
facilitate
the
sharing
of
vital
29
sentencing
and
other
information
with
other
state
departments
30
and
governmental
agencies
involved
in
the
criminal
justice
31
system
through
the
Iowa
court
information
system.
32
8.
The
judicial
branch
shall
provide
a
report
to
the
general
33
assembly
by
January
1,
2021,
concerning
the
amounts
received
34
and
expended
from
the
enhanced
court
collections
fund
created
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in
section
602.1304
and
the
court
technology
and
modernization
1
fund
created
in
section
602.8108,
subsection
9,
during
the
2
fiscal
year
beginning
July
1,
2019,
and
ending
June
30,
2020,
3
and
the
plans
for
expenditures
from
each
fund
during
the
fiscal
4
year
beginning
July
1,
2020,
and
ending
June
30,
2021.
A
copy
5
of
the
report
shall
be
provided
to
the
legislative
services
6
agency.
7
Sec.
2.
CIVIL
TRIALS
——
LOCATION.
Notwithstanding
any
8
provision
to
the
contrary,
for
the
fiscal
year
beginning
July
9
1,
2020,
and
ending
June
30,
2021,
if
all
parties
in
a
case
10
agree,
a
civil
trial
including
a
jury
trial
may
take
place
in
a
11
county
contiguous
to
the
county
with
proper
jurisdiction,
even
12
if
the
contiguous
county
is
located
in
an
adjacent
judicial
13
district
or
judicial
election
district.
If
the
trial
is
moved
14
pursuant
to
this
section,
court
personnel
shall
treat
the
case
15
as
if
a
change
of
venue
occurred.
However,
if
a
trial
is
moved
16
to
an
adjacent
judicial
district
or
judicial
election
district,
17
the
judicial
officers
serving
in
the
judicial
district
or
18
judicial
election
district
receiving
the
case
shall
preside
19
over
the
case.
20
Sec.
3.
TRAVEL
REIMBURSEMENT.
Notwithstanding
section
21
602.1509,
for
the
fiscal
year
beginning
July
1,
2020,
and
22
ending
June
30,
2021,
a
judicial
officer
may
waive
travel
23
reimbursement
for
any
travel
outside
the
judicial
officer’s
24
county
of
residence
to
conduct
official
judicial
business.
25
Sec.
4.
JUDICIAL
OFFICER
——
UNPAID
LEAVE.
Notwithstanding
26
the
annual
salary
rates
for
judicial
officers
established
by
27
2019
Iowa
Acts,
chapter
155,
section
6,
for
the
fiscal
year
28
beginning
July
1,
2020,
and
ending
June
30,
2021,
the
supreme
29
court
may
by
order
place
all
judicial
officers
on
unpaid
leave
30
status
on
any
day
employees
of
the
judicial
branch
are
placed
31
on
temporary
layoff
status.
The
biweekly
pay
of
the
judicial
32
officers
shall
be
reduced
accordingly
for
the
pay
period
in
33
which
the
unpaid
leave
date
occurred
in
the
same
manner
as
34
for
noncontract
employees
of
the
judicial
branch.
Through
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the
course
of
the
fiscal
year,
the
judicial
branch
may
use
an
1
amount
equal
to
the
aggregate
amount
of
salary
reductions
due
2
to
the
judicial
officer
unpaid
leave
days
for
any
purpose
other
3
than
for
judicial
salaries.
4
Sec.
5.
IOWA
COMMUNICATIONS
NETWORK.
It
is
the
intent
5
of
the
general
assembly
that
the
judicial
branch
utilize
6
the
Iowa
communications
network
or
other
secure
electronic
7
communications
in
lieu
of
traveling
for
the
fiscal
year
8
beginning
July
1,
2020,
and
ending
June
30,
2021.
9
Sec.
6.
NEW
SECTION
.
602.1306
Judicial
branch
gifts
and
10
donations
fund.
11
1.
A
judicial
branch
gifts
and
donations
fund
is
established
12
in
the
state
treasury
under
the
control
of
the
judicial
13
branch.
The
judicial
branch
may
accept
and
receive
donations,
14
gifts,
grants,
loans,
and
contributions
from
any
public
or
15
private
source
for
deposit
in
the
fund.
Moneys
in
the
fund
16
are
appropriated
to
the
judicial
branch
for
the
purpose
of
17
supporting
the
activities
of
the
judicial
branch.
18
2.
Notwithstanding
section
8.33,
moneys
in
the
fund
shall
19
not
revert.
Notwithstanding
section
12C.7,
subsection
2,
20
interest
or
earnings
on
moneys
in
the
fund
shall
be
credited
21
to
the
fund.
22
Sec.
7.
EFFECTIVE
DATE.
The
following,
being
deemed
of
23
immediate
importance,
takes
effect
upon
enactment:
24
The
section
of
this
Act
enacting
section
602.1306.
25
Sec.
8.
RETROACTIVE
APPLICABILITY.
The
following
applies
26
retroactively
to
January
1,
2020:
27
The
section
of
this
Act
enacting
section
602.1306.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
makes
appropriations
to
the
judicial
branch.
32
The
bill
appropriates
moneys
from
the
general
fund
33
of
the
state
for
FY
2020-2021
to
the
judicial
branch
for
34
salaries,
receipt
and
disbursement
of
child
support
payments,
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reimbursement
of
the
auditor
of
state,
maintenance,
equipment,
1
and
miscellaneous
purposes,
and
for
deposit
in
the
revolving
2
fund
created
pursuant
to
Code
section
602.1302(3)
for
certain
3
purposes.
4
The
bill
provides
that
a
civil
trial
including
a
jury
trial
5
may
take
place
in
a
county
contiguous
to
the
county
with
proper
6
jurisdiction,
even
if
the
contiguous
county
is
located
in
an
7
adjacent
judicial
district
or
judicial
election
district,
if
8
all
parties
in
a
case
agree.
If
a
trial
is
moved
to
another
9
county
that
is
located
in
another
judicial
district
or
judicial
10
election
district,
the
judicial
officers
serving
the
judicial
11
district
or
judicial
election
district
receiving
the
case
shall
12
preside
over
the
case.
13
The
bill
permits
a
judicial
officer
to
waive
travel
14
reimbursement
for
any
travel
outside
the
judicial
officer’s
15
county
of
residence
to
conduct
official
business.
16
The
bill
allows
a
judicial
officer
to
be
placed
on
unpaid
17
leave
on
any
day
a
court
employee
is
required
to
furlough.
The
18
bill
provides
that
if
a
judicial
officer
is
placed
on
unpaid
19
leave,
the
salary
of
the
judicial
officer
shall
be
reduced
20
accordingly
for
the
pay
period
in
which
the
unpaid
leave
21
occurred.
Through
the
course
of
the
fiscal
year,
the
bill
22
provides
that
the
judicial
branch
may
use
an
amount
equal
to
23
the
aggregate
amount
of
the
salary
reductions
due
to
judicial
24
officer
unpaid
leave
for
any
purpose
other
than
judicial
25
salaries.
26
The
bill
states
legislative
intent
that
the
judicial
27
branch
utilize
the
Iowa
communications
network
or
other
secure
28
electronic
communications
in
lieu
of
traveling.
29
The
bill
creates
a
judicial
branch
gifts
and
donations
30
fund
under
the
control
of
the
judicial
branch;
authorizes
the
31
judicial
branch
to
accept
and
receive
donations,
gifts,
grants,
32
loans,
and
contributions
from
any
public
or
private
source
for
33
deposit
in
the
fund;
and
appropriates
moneys
in
the
fund
to
the
34
judicial
branch
for
the
purpose
of
supporting
the
activities
of
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