Senate File 442 H-1306 Amend Senate File 442, as passed by the Senate, as 1 follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < DIVISION I 5 FY 2013-2014 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, 2013, and ending June 30, 2014, 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, 14 district associate judges, associate juvenile judges, 15 associate probate judges, judicial magistrates and 16 staff, state court administrator, clerk of the supreme 17 court, district court administrators, clerks of the 18 district court, juvenile court officers, board of law 19 examiners and board of examiners of shorthand reporters 20 and judicial qualifications commission; receipt and 21 disbursement of child support payments; reimbursement 22 of the auditor of state for expenses incurred in 23 completing audits of the offices of the clerks of the 24 district court during the fiscal year beginning July 25 1, 2013; and maintenance, equipment, and miscellaneous 26 purposes: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $164,599,367 28 b. For deposit in the revolving fund created 29 pursuant to section 602.1302, subsection 3 , for jury 30 and witness fees, mileage, costs related to summoning 31 jurors, fees for interpreters, and reimbursement of 32 attorney fees paid by the state public defender: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,100,000 34 2. The judicial branch, except for purposes of 35 internal processing, shall use the current state budget 36 system, the state payroll system, and the Iowa finance 37 and accounting system in administration of programs 38 and payments for services, and shall not duplicate the 39 state payroll, accounting, and budgeting systems. 40 3. The judicial branch shall submit monthly 41 financial statements to the legislative services 42 agency and the department of management containing 43 all appropriated accounts in the same manner as 44 provided in the monthly financial status reports and 45 personal services usage reports of the department 46 of administrative services. The monthly financial 47 statements shall include a comparison of the dollars 48 and percentage spent of budgeted versus actual revenues 49 and expenditures on a cumulative basis for full-time 50 -1- SF442.1675 (3) 85 jm/jp 1/ 6 #1.
equivalent positions and dollars. 1 4. The judicial branch shall focus efforts upon the 2 collection of delinquent fines, penalties, court costs, 3 fees, surcharges, or similar amounts. 4 5. The offices of the clerks of the district court 5 shall operate in all 99 counties and be accessible to 6 the public during regular business hours. 7 6. In addition to the requirements for transfers 8 under section 8.39 , the judicial branch shall not 9 change the appropriations from the amounts appropriated 10 to the judicial branch in this division of this Act, 11 unless notice of the revisions is given prior to their 12 effective date to the legislative services agency. 13 The notice shall include information on the branch’s 14 rationale for making the changes and details concerning 15 the workload and performance measures upon which the 16 changes are based. 17 7. The judicial branch shall submit a semiannual 18 update to the legislative services agency specifying 19 the amounts of fines, surcharges, and court costs 20 collected using the Iowa court information system since 21 the last report. The judicial branch shall continue 22 to facilitate the sharing of vital sentencing and 23 other information with other state departments and 24 governmental agencies involved in the criminal justice 25 system through the Iowa court information system. 26 8. The judicial branch shall provide a report to 27 the general assembly by January 1, 2014, concerning 28 the amounts received and expended from the enhanced 29 court collections fund created in section 602.1304 and 30 the court technology and modernization fund created in 31 section 602.8108, subsection 7 , during the fiscal year 32 beginning July 1, 2012, and ending June 30, 2013, and 33 the plans for expenditures from each fund during the 34 fiscal year beginning July 1, 2013, and ending June 30, 35 2014. A copy of the report shall be provided to the 36 legislative services agency. 37 Sec. 2. CIVIL TRIALS —— LOCATION. Notwithstanding 38 any provision to the contrary, for the fiscal year 39 beginning July 1, 2013, and ending June 30, 2014, if 40 all parties in a case agree, a civil trial including a 41 jury trial may take place in a county contiguous to the 42 county with proper jurisdiction, even if the contiguous 43 county is located in an adjacent judicial district or 44 judicial election district. If the trial is moved 45 pursuant to this section, court personnel shall treat 46 the case as if a change of venue occurred. However, 47 if a trial is moved to an adjacent judicial district 48 or judicial election district, the judicial officers 49 serving in the judicial district or judicial election 50 -2- SF442.1675 (3) 85 jm/jp 2/ 6
district receiving the case shall preside over the 1 case. 2 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding 3 section 602.1509 , for the fiscal year beginning July 1, 4 2013, a judicial officer may waive travel reimbursement 5 for any travel outside the judicial officer’s county of 6 residence to conduct official judicial business. 7 Sec. 4. POSTING OF REPORTS IN ELECTRONIC FORMAT —— 8 LEGISLATIVE SERVICES AGENCY. All reports or copies of 9 reports required to be provided by the judicial branch 10 for fiscal year 2013-2014 to the legislative services 11 agency shall be provided in an electronic format. The 12 legislative services agency shall post the reports on 13 its internet website and shall notify by electronic 14 means all the members of the joint appropriations 15 subcommittee on the justice system when a report 16 is posted. Upon request, copies of the reports may 17 be mailed to members of the joint appropriations 18 subcommittee on the justice system. 19 Sec. 5. JUDICIAL OFFICER —— UNPAID 20 LEAVE. Notwithstanding the annual salary rates 21 for judicial officers established by 2008 Iowa Acts, 22 chapter 1191, section 11, for the fiscal year beginning 23 July 1, 2013, and ending June 30, 2014, the supreme 24 court may by order place all judicial officers on 25 unpaid leave status on any day employees of the 26 judicial branch are placed on temporary layoff status. 27 The biweekly pay of the judicial officers shall be 28 reduced accordingly for the pay period in which the 29 unpaid leave date occurred in the same manner as for 30 noncontract employees of the judicial branch. Through 31 the course of the fiscal year, the judicial branch may 32 use an amount equal to the aggregate amount of salary 33 reductions due to the judicial officer unpaid leave 34 days for any purpose other than for judicial salaries. 35 Sec. 6. IOWA COMMUNICATIONS NETWORK. It is the 36 intent of the general assembly that the judicial branch 37 utilize the Iowa communications network or other secure 38 electronic communications in lieu of traveling for the 39 fiscal year beginning July 1, 2013. 40 DIVISION II 41 FY 2014-2015 42 Sec. 7. JUDICIAL BRANCH. 43 1. There is appropriated from the general fund of 44 the state to the judicial branch for the fiscal year 45 beginning July 1, 2014, and ending June 30, 2015, the 46 following amount, or so much thereof as is necessary, 47 to be used for the purposes designated: 48 a. For salaries of supreme court justices, 49 appellate court judges, district court judges, 50 -3- SF442.1675 (3) 85 jm/jp 3/ 6
district associate judges, associate juvenile judges, 1 associate probate judges, judicial magistrates and 2 staff, state court administrator, clerk of the supreme 3 court, district court administrators, clerks of the 4 district court, juvenile court officers, board of law 5 examiners and board of examiners of shorthand reporters 6 and judicial qualifications commission; receipt and 7 disbursement of child support payments; reimbursement 8 of the auditor of state for expenses incurred in 9 completing audits of the offices of the clerks of the 10 district court during the fiscal year beginning July 11 1, 2014; and maintenance, equipment, and miscellaneous 12 purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139,909,462 14 b. For deposit in the revolving fund created 15 pursuant to section 602.1302, subsection 3 , for jury 16 and witness fees, mileage, costs related to summoning 17 jurors, fees for interpreters, and reimbursement of 18 attorney fees paid by the state public defender: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,635,000 20 2. The judicial branch, except for purposes of 21 internal processing, shall use the current state budget 22 system, the state payroll system, and the Iowa finance 23 and accounting system in administration of programs 24 and payments for services, and shall not duplicate the 25 state payroll, accounting, and budgeting systems. 26 3. The judicial branch shall submit monthly 27 financial statements to the legislative services 28 agency and the department of management containing 29 all appropriated accounts in the same manner as 30 provided in the monthly financial status reports and 31 personal services usage reports of the department 32 of administrative services. The monthly financial 33 statements shall include a comparison of the dollars 34 and percentage spent of budgeted versus actual revenues 35 and expenditures on a cumulative basis for full-time 36 equivalent positions and dollars. 37 4. The judicial branch shall focus efforts upon the 38 collection of delinquent fines, penalties, court costs, 39 fees, surcharges, or similar amounts. 40 5. The offices of the clerks of the district court 41 shall operate in all 99 counties and be accessible to 42 the public during regular business hours. 43 6. In addition to the requirements for transfers 44 under section 8.39 , the judicial branch shall not 45 change the appropriations from the amounts appropriated 46 to the judicial branch in this division of this Act, 47 unless notice of the revisions is given prior to their 48 effective date to the legislative services agency. 49 The notice shall include information on the branch’s 50 -4- SF442.1675 (3) 85 jm/jp 4/ 6
rationale for making the changes and details concerning 1 the workload and performance measures upon which the 2 changes are based. 3 7. The judicial branch shall submit a semiannual 4 update to the legislative services agency specifying 5 the amounts of fines, surcharges, and court costs 6 collected using the Iowa court information system since 7 the last report. The judicial branch shall continue 8 to facilitate the sharing of vital sentencing and 9 other information with other state departments and 10 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 13 the general assembly by January 1, 2015, concerning 14 the amounts received and expended from the enhanced 15 court collections fund created in section 602.1304 and 16 the court technology and modernization fund created in 17 section 602.8108, subsection 7 , during the fiscal year 18 beginning July 1, 2013, and ending June 30, 2014, and 19 the plans for expenditures from each fund during the 20 fiscal year beginning July 1, 2014, and ending June 30, 21 2015. A copy of the report shall be provided to the 22 legislative services agency. 23 Sec. 8. CIVIL TRIALS —— LOCATION. Notwithstanding 24 any provision to the contrary, for the fiscal year 25 beginning July 1, 2014, and ending June 30, 2015, if 26 all parties in a case agree, a civil trial including a 27 jury trial may take place in a county contiguous to the 28 county with proper jurisdiction, even if the contiguous 29 county is located in an adjacent judicial district or 30 judicial election district. If the trial is moved 31 pursuant to this section, court personnel shall treat 32 the case as if a change of venue occurred. However, 33 if a trial is moved to an adjacent judicial district 34 or judicial election district, the judicial officers 35 serving in the judicial district or judicial election 36 district receiving the case shall preside over the 37 case. 38 Sec. 9. TRAVEL REIMBURSEMENT. Notwithstanding 39 section 602.1509 , for the fiscal year beginning July 1, 40 2014, a judicial officer may waive travel reimbursement 41 for any travel outside the judicial officer’s county of 42 residence to conduct official judicial business. 43 Sec. 10. POSTING OF REPORTS IN ELECTRONIC FORMAT —— 44 LEGISLATIVE SERVICES AGENCY. All reports or copies of 45 reports required to be provided by the judicial branch 46 for fiscal year 2014-2015 to the legislative services 47 agency shall be provided in an electronic format. The 48 legislative services agency shall post the reports on 49 its internet website and shall notify by electronic 50 -5- SF442.1675 (3) 85 jm/jp 5/ 6
means all the members of the joint appropriations 1 subcommittee on the justice system when a report 2 is posted. Upon request, copies of the reports may 3 be mailed to members of the joint appropriations 4 subcommittee on the justice system. 5 Sec. 11. JUDICIAL OFFICER —— UNPAID 6 LEAVE. Notwithstanding the annual salary rates 7 for judicial officers established by 2008 Iowa Acts, 8 chapter 1191, section 11, for the fiscal year beginning 9 July 1, 2014, and ending June 30, 2015, the supreme 10 court may by order place all judicial officers on 11 unpaid leave status on any day employees of the 12 judicial branch are placed on temporary layoff status. 13 The biweekly pay of the judicial officers shall be 14 reduced accordingly for the pay period in which the 15 unpaid leave date occurred in the same manner as for 16 noncontract employees of the judicial branch. Through 17 the course of the fiscal year, the judicial branch may 18 use an amount equal to the aggregate amount of salary 19 reductions due to the judicial officer unpaid leave 20 days for any purpose other than for judicial salaries. 21 Sec. 12. IOWA COMMUNICATIONS NETWORK. It is the 22 intent of the general assembly that the judicial branch 23 utilize the Iowa communications network or other secure 24 electronic communications in lieu of traveling for the 25 fiscal year beginning July 1, 2014. > 26 ______________________________ COMMITTEE ON APPROPRIATIONS SODERBERG of Plymouth, Chairperson -6- SF442.1675 (3) 85 jm/jp 6/ 6