House Amendment to Senate File 511 S-3220 Amend Senate File 511, as amended, passed, and 1 reprinted by the Senate, as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < DIVISION I 5 FY 2011-2012 6 Section 1. JUDICIAL BRANCH. 7 1. There is appropriated from the general fund of 8 the state to the judicial branch for the fiscal year 9 beginning July 1, 2011, and ending June 30, 2012, the 10 following amount, or so much thereof as is necessary, 11 to be used for the purposes designated: 12 a. For salaries of supreme court justices, 13 appellate court judges, district court judges, district 14 associate judges, judicial magistrates and staff, 15 state court administrator, clerk of the supreme 16 court, district court administrators, clerks of the 17 district court, juvenile court officers, board of law 18 examiners and board of examiners of shorthand reporters 19 and judicial qualifications commission; receipt and 20 disbursement of child support payments; reimbursement 21 of the auditor of state for expenses incurred in 22 completing audits of the offices of the clerks of the 23 district court during the fiscal year beginning July 24 1, 2011; and maintenance, equipment, and miscellaneous 25 purposes: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $154,111,822 27 b. For deposit in the revolving fund created 28 pursuant to section 602.1302, subsection 3, for jury 29 and witness fees, mileage, costs related to summoning 30 jurors, fees for interpreters, and reimbursement of 31 attorney fees paid by the state public defender: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,300,000 33 2. The judicial branch, except for purposes of 34 internal processing, shall use the current state budget 35 system, the state payroll system, and the Iowa finance 36 and accounting system in administration of programs 37 and payments for services, and shall not duplicate the 38 state payroll, accounting, and budgeting systems. 39 3. The judicial branch shall submit monthly 40 financial statements to the legislative services 41 agency and the department of management containing 42 all appropriated accounts in the same manner as 43 provided in the monthly financial status reports and 44 personal services usage reports of the department 45 of administrative services. The monthly financial 46 statements shall include a comparison of the dollars 47 and percentage spent of budgeted versus actual revenues 48 and expenditures on a cumulative basis for full-time 49 equivalent positions and dollars. 50 -1- SF511.2346.H (1) 84 mb 1/ 6 #1.
4. The judicial branch shall focus efforts upon the 1 collection of delinquent fines, penalties, court costs, 2 fees, surcharges, or similar amounts. 3 5. The judicial branch shall open the offices of 4 the clerk of the district court in all 99 counties 5 from 8:00 a.m. until 4:30 p.m. during each business 6 day the judicial branch is open for business in order 7 to address the relative needs of the citizens of each 8 county. 9 6. In addition to the requirements for transfers 10 under section 8.39, the judicial branch shall not 11 change the appropriations from the amounts appropriated 12 to the judicial branch in this Act, unless notice of 13 the revisions is given prior to their effective date 14 to the legislative services agency. The notice shall 15 include information on the branch’s rationale for 16 making the changes and details concerning the workload 17 and performance measures upon which the changes are 18 based. 19 7. The judicial branch shall submit a semiannual 20 update to the legislative services agency specifying 21 the amounts of fines, surcharges, and court costs 22 collected using the Iowa court information system since 23 the last report. The judicial branch shall continue 24 to facilitate the sharing of vital sentencing and 25 other information with other state departments and 26 governmental agencies involved in the criminal justice 27 system through the Iowa court information system. 28 8. The judicial branch shall provide a report to 29 the general assembly by January 1, 2012, concerning 30 the amounts received and expended from the enhanced 31 court collections fund created in section 602.1304 and 32 the court technology and modernization fund created in 33 section 602.8108, subsection 7, during the fiscal year 34 beginning July 1, 2010, and ending June 30, 2011, and 35 the plans for expenditures from each fund during the 36 fiscal year beginning July 1, 2011, and ending June 30, 37 2012. A copy of the report shall be provided to the 38 legislative services agency. 39 9. The judicial branch is encouraged to purchase 40 products from Iowa state industries, as defined in 41 section 904.802, when purchases are required and the 42 products are available from Iowa state industries. 43 The judicial branch shall obtain bids from Iowa state 44 industries for purchases of office furniture during the 45 fiscal year beginning July 1, 2011, exceeding $5,000. 46 Sec. 2. CIVIL TRIALS —— LOCATION. Notwithstanding 47 any provision to the contrary, for the fiscal year 48 beginning July 1, 2011, and ending June 30, 2012, if 49 all parties in a case agree, a civil trial including a 50 -2- SF511.2346.H (1) 84 mb 2/ 6
jury trial may take place in a county contiguous to the 1 county with proper jurisdiction, even if the contiguous 2 county is located in an adjacent judicial district or 3 judicial election district. If the trial is moved 4 pursuant to this section, court personnel shall treat 5 the case as if a change of venue occurred. However, 6 if a trial is moved to an adjacent judicial district 7 or judicial election district, the judicial officers 8 serving in the judicial district or judicial election 9 district receiving the case shall preside over the 10 case. 11 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding 12 section 602.1509, for the fiscal year beginning July 1, 13 2011, a judicial officer may waive travel reimbursement 14 for any travel outside the judicial officer’s county of 15 residence to conduct official judicial business. 16 Sec. 4. POSTING OF REPORTS IN ELECTRONIC FORMAT —— 17 LEGISLATIVE SERVICES AGENCY. All reports or copies of 18 reports required to be provided by the judicial branch 19 for fiscal year 2011-2012 to the legislative services 20 agency shall be provided in an electronic format. The 21 legislative services agency shall post the reports on 22 its internet website and shall notify by electronic 23 means all the members of the joint appropriations 24 subcommittee on the justice system when a report 25 is posted. Upon request, copies of the reports may 26 be mailed to members of the joint appropriations 27 subcommittee on the justice system. 28 Sec. 5. JUDICIAL OFFICER —— UNPAID 29 LEAVE. Notwithstanding the annual salary rates 30 for judicial officers established by 2008 Iowa Acts, 31 chapter 1191, section 11, for the fiscal year beginning 32 July 1, 2011, and ending June 30, 2012, the supreme 33 court may by order place all judicial officers on 34 unpaid leave status on any day employees of the 35 judicial branch are placed on temporary layoff status. 36 The biweekly pay of the judicial officers shall be 37 reduced accordingly for the pay period in which the 38 unpaid leave date occurred in the same manner as for 39 noncontract employees of the judicial branch. Through 40 the course of the fiscal year, the judicial branch may 41 use an amount equal to the aggregate amount of salary 42 reductions due to the judicial officer unpaid leave 43 days for any purpose other than for judicial salaries. 44 Sec. 6. IOWA COMMUNICATIONS NETWORK. It is the 45 intent of the general assembly that the judicial branch 46 utilize the Iowa communications network or other secure 47 electronic communications in lieu of traveling for the 48 fiscal year beginning July 1, 2011. 49 DIVISION II 50 -3- SF511.2346.H (1) 84 mb 3/ 6
FY 2012-2013 1 Sec. 7. JUDICIAL BRANCH. 2 1. There is appropriated from the general fund of 3 the state to the judicial branch for the fiscal year 4 beginning July 1, 2012, and ending June 30, 2013, the 5 following amount, or so much thereof as is necessary, 6 to be used for the purposes designated: 7 a. For salaries of supreme court justices, 8 appellate court judges, district court judges, district 9 associate judges, judicial magistrates and staff, 10 state court administrator, clerk of the supreme 11 court, district court administrators, clerks of the 12 district court, juvenile court officers, board of law 13 examiners and board of examiners of shorthand reporters 14 and judicial qualifications commission; receipt and 15 disbursement of child support payments; reimbursement 16 of the auditor of state for expenses incurred in 17 completing audits of the offices of the clerks of the 18 district court during the fiscal year beginning July 19 1, 2012; and maintenance, equipment, and miscellaneous 20 purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $157,311,822 22 b. For deposit in the revolving fund created 23 pursuant to section 602.1302, subsection 3, for jury 24 and witness fees, mileage, costs related to summoning 25 jurors, fees for interpreters, and reimbursement of 26 attorney fees paid by the state public defender: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,300,000 28 2. The judicial branch, except for purposes of 29 internal processing, shall use the current state budget 30 system, the state payroll system, and the Iowa finance 31 and accounting system in administration of programs 32 and payments for services, and shall not duplicate the 33 state payroll, accounting, and budgeting systems. 34 3. The judicial branch shall submit monthly 35 financial statements to the legislative services 36 agency and the department of management containing 37 all appropriated accounts in the same manner as 38 provided in the monthly financial status reports and 39 personal services usage reports of the department 40 of administrative services. The monthly financial 41 statements shall include a comparison of the dollars 42 and percentage spent of budgeted versus actual revenues 43 and expenditures on a cumulative basis for full-time 44 equivalent positions and dollars. 45 4. The judicial branch shall focus efforts upon the 46 collection of delinquent fines, penalties, court costs, 47 fees, surcharges, or similar amounts. 48 5. The judicial branch shall open the offices of 49 the clerk of the district court in all 99 counties 50 -4- SF511.2346.H (1) 84 mb 4/ 6
from 8:00 a.m. until 4:30 p.m. during each business 1 day the judicial branch is open for business in order 2 to address the relative needs of the citizens of each 3 county. 4 6. In addition to the requirements for transfers 5 under section 8.39, the judicial branch shall not 6 change the appropriations from the amounts appropriated 7 to the judicial branch in this division of this Act, 8 unless notice of the revisions is given prior to their 9 effective date to the legislative services agency. 10 The notice shall include information on the branch’s 11 rationale for making the changes and details concerning 12 the workload and performance measures upon which the 13 changes are based. 14 7. The judicial branch shall submit a semiannual 15 update to the legislative services agency specifying 16 the amounts of fines, surcharges, and court costs 17 collected using the Iowa court information system since 18 the last report. The judicial branch shall continue 19 to facilitate the sharing of vital sentencing and 20 other information with other state departments and 21 governmental agencies involved in the criminal justice 22 system through the Iowa court information system. 23 8. The judicial branch shall provide a report to 24 the general assembly by January 1, 2013, concerning 25 the amounts received and expended from the enhanced 26 court collections fund created in section 602.1304 and 27 the court technology and modernization fund created in 28 section 602.8108, subsection 7, during the fiscal year 29 beginning July 1, 2011, and ending June 30, 2012, and 30 the plans for expenditures from each fund during the 31 fiscal year beginning July 1, 2012, and ending June 30, 32 2013. A copy of the report shall be provided to the 33 legislative services agency. 34 9. The judicial branch is encouraged to purchase 35 products from Iowa state industries, as defined in 36 section 904.802, when purchases are required and the 37 products are available from Iowa state industries. 38 The judicial branch shall obtain bids from Iowa state 39 industries for purchases of office furniture during the 40 fiscal year beginning July 1, 2012, exceeding $5,000. 41 Sec. 8. CIVIL TRIALS —— LOCATION. 42 Notwithstanding any provision to the contrary, for 43 the fiscal year beginning July 1, 2012, and ending 44 June 30, 2013, if all parties in a case agree, a civil 45 trial including a jury trial may take place in a county 46 contiguous to the county with proper jurisdiction, even 47 if the contiguous county is located in an adjacent 48 judicial district or judicial election district. If 49 the trial is moved pursuant to this section, court 50 -5- SF511.2346.H (1) 84 mb 5/ 6
personnel shall treat the case as if a change of venue 1 occurred. However, if a trial is moved to an adjacent 2 judicial district or judicial election district, the 3 judicial officers serving in the judicial district or 4 judicial election district receiving the case shall 5 preside over the case. 6 Sec. 9. TRAVEL REIMBURSEMENT. Notwithstanding 7 section 602.1509, for the fiscal year beginning July 1, 8 2012, a judicial officer may waive travel reimbursement 9 for any travel outside the judicial officer’s county of 10 residence to conduct official judicial business. 11 Sec. 10. POSTING OF REPORTS IN ELECTRONIC FORMAT —— 12 LEGISLATIVE SERVICES AGENCY. All reports or copies of 13 reports required to be provided by the judicial branch 14 for fiscal year 2012-2013 to the legislative services 15 agency shall be provided in an electronic format. The 16 legislative services agency shall post the reports on 17 its internet website and shall notify by electronic 18 means all the members of the joint appropriations 19 subcommittee on the justice system when a report 20 is posted. Upon request, copies of the reports may 21 be mailed to members of the joint appropriations 22 subcommittee on the justice system. 23 Sec. 11. JUDICIAL OFFICER —— UNPAID 24 LEAVE. Notwithstanding the annual salary rates 25 for judicial officers established by 2008 Iowa Acts, 26 chapter 1191, section 11, for the fiscal year beginning 27 July 1, 2012, and ending June 30, 2013, the supreme 28 court may by order place all judicial officers on 29 unpaid leave status on any day employees of the 30 judicial branch are placed on temporary layoff status. 31 The biweekly pay of the judicial officers shall be 32 reduced accordingly for the pay period in which the 33 unpaid leave date occurred in the same manner as for 34 noncontract employees of the judicial branch. Through 35 the course of the fiscal year, the judicial branch may 36 use an amount equal to the aggregate amount of salary 37 reductions due to the judicial officer unpaid leave 38 days for any purpose other than for judicial salaries. 39 Sec. 12. IOWA COMMUNICATIONS NETWORK. It is the 40 intent of the general assembly that the judicial branch 41 utilize the Iowa communications network or other secure 42 electronic communications in lieu of traveling for the 43 fiscal year beginning July 1, 2012. > 44 2. By renumbering as necessary. 45 -6- SF511.2346.H (1) 84 mb 6/ 6