Senate File 442 H-1327 Amend the amendment, H-1306, to Senate File 442, as 1 passed by the Senate, as follows: 2 1. By striking page 1, line 1, through page 6, line 3 26, and inserting: 4 < Amend Senate File 442, as passed by the Senate, as 5 follows: 6 1. By striking everything after the enacting clause 7 and inserting: 8 < DIVISION I 9 FY 2013-2014 10 Section 1. JUDICIAL BRANCH. 11 1. There is appropriated from the general fund of 12 the state to the judicial branch for the fiscal year 13 beginning July 1, 2013, and ending June 30, 2014, the 14 following amount, or so much thereof as is necessary, 15 to be used for the purposes designated: 16 a. For salaries of supreme court justices, 17 appellate court judges, district court judges, 18 district associate judges, associate juvenile judges, 19 associate probate judges, judicial magistrates and 20 staff, state court administrator, clerk of the supreme 21 court, district court administrators, clerks of the 22 district court, juvenile court officers, board of law 23 examiners and board of examiners of shorthand reporters 24 and judicial qualifications commission; receipt and 25 disbursement of child support payments; reimbursement 26 of the auditor of state for expenses incurred in 27 completing audits of the offices of the clerks of the 28 district court during the fiscal year beginning July 29 1, 2013; and maintenance, equipment, and miscellaneous 30 purposes: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $164,599,367 32 b. For deposit in the revolving fund created 33 pursuant to section 602.1302, subsection 3 , for jury 34 and witness fees, mileage, costs related to summoning 35 jurors, fees for interpreters, and reimbursement of 36 attorney fees paid by the state public defender: 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,100,000 38 2. The judicial branch, except for purposes of 39 internal processing, shall use the current state budget 40 system, the state payroll system, and the Iowa finance 41 and accounting system in administration of programs 42 and payments for services, and shall not duplicate the 43 state payroll, accounting, and budgeting systems. 44 3. The judicial branch shall submit monthly 45 financial statements to the legislative services 46 agency and the department of management containing 47 all appropriated accounts in the same manner as 48 provided in the monthly financial status reports and 49 personal services usage reports of the department 50 -1- H1306.1759 (3) 85 jm/jp 1/ 7 #1.
of administrative services. The monthly financial 1 statements shall include a comparison of the dollars 2 and percentage spent of budgeted versus actual revenues 3 and expenditures on a cumulative basis for full-time 4 equivalent positions and dollars. 5 4. The judicial branch shall focus efforts upon the 6 collection of delinquent fines, penalties, court costs, 7 fees, surcharges, or similar amounts. 8 5. The offices of the clerks of the district court 9 shall operate in all 99 counties and be accessible to 10 the public during regular business hours. 11 6. In addition to the requirements for transfers 12 under section 8.39 , the judicial branch shall not 13 change the appropriations from the amounts appropriated 14 to the judicial branch in this division of this Act, 15 unless notice of the revisions is given prior to their 16 effective date to the legislative services agency. 17 The notice shall include information on the branch’s 18 rationale for making the changes and details concerning 19 the workload and performance measures upon which the 20 changes are based. 21 7. The judicial branch shall submit a semiannual 22 update to the legislative services agency specifying 23 the amounts of fines, surcharges, and court costs 24 collected using the Iowa court information system since 25 the last report. The judicial branch shall continue 26 to facilitate the sharing of vital sentencing and 27 other information with other state departments and 28 governmental agencies involved in the criminal justice 29 system through the Iowa court information system. 30 8. The judicial branch shall provide a report to 31 the general assembly by January 1, 2014, concerning 32 the amounts received and expended from the enhanced 33 court collections fund created in section 602.1304 and 34 the court technology and modernization fund created in 35 section 602.8108, subsection 7 , during the fiscal year 36 beginning July 1, 2012, and ending June 30, 2013, and 37 the plans for expenditures from each fund during the 38 fiscal year beginning July 1, 2013, and ending June 30, 39 2014. A copy of the report shall be provided to the 40 legislative services agency. 41 Sec. 2. CIVIL TRIALS —— LOCATION. Notwithstanding 42 any provision to the contrary, for the fiscal year 43 beginning July 1, 2013, and ending June 30, 2014, if 44 all parties in a case agree, a civil trial including a 45 jury trial may take place in a county contiguous to the 46 county with proper jurisdiction, even if the contiguous 47 county is located in an adjacent judicial district or 48 judicial election district. If the trial is moved 49 pursuant to this section, court personnel shall treat 50 -2- H1306.1759 (3) 85 jm/jp 2/ 7
the case as if a change of venue occurred. However, 1 if a trial is moved to an adjacent judicial district 2 or judicial election district, the judicial officers 3 serving in the judicial district or judicial election 4 district receiving the case shall preside over the 5 case. 6 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding 7 section 602.1509 , for the fiscal year beginning July 1, 8 2013, 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. 4. 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 2013-2014 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. 5. 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, 2013, and ending June 30, 2014, 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. 6. 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, 2013. 44 DIVISION II 45 FY 2014-2015 46 Sec. 7. JUDICIAL BRANCH. 47 1. There is appropriated from the general fund of 48 the state to the judicial branch for the fiscal year 49 beginning July 1, 2014, and ending June 30, 2015, the 50 -3- H1306.1759 (3) 85 jm/jp 3/ 7
following amount, or so much thereof as is necessary, 1 to be used for the purposes designated: 2 a. For salaries of supreme court justices, 3 appellate court judges, district court judges, 4 district associate judges, associate juvenile judges, 5 associate probate judges, judicial magistrates and 6 staff, state court administrator, clerk of the supreme 7 court, district court administrators, clerks of the 8 district court, juvenile court officers, board of law 9 examiners and board of examiners of shorthand reporters 10 and judicial qualifications commission; receipt and 11 disbursement of child support payments; reimbursement 12 of the auditor of state for expenses incurred in 13 completing audits of the offices of the clerks of the 14 district court during the fiscal year beginning July 15 1, 2014; and maintenance, equipment, and miscellaneous 16 purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139,909,462 18 b. For deposit in the revolving fund created 19 pursuant to section 602.1302, subsection 3 , for jury 20 and witness fees, mileage, costs related to summoning 21 jurors, fees for interpreters, and reimbursement of 22 attorney fees paid by the state public defender: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,635,000 24 2. The judicial branch, except for purposes of 25 internal processing, shall use the current state budget 26 system, the state payroll system, and the Iowa finance 27 and accounting system in administration of programs 28 and payments for services, and shall not duplicate the 29 state payroll, accounting, and budgeting systems. 30 3. The judicial branch shall submit monthly 31 financial statements to the legislative services 32 agency and the department of management containing 33 all appropriated accounts in the same manner as 34 provided in the monthly financial status reports and 35 personal services usage reports of the department 36 of administrative services. The monthly financial 37 statements shall include a comparison of the dollars 38 and percentage spent of budgeted versus actual revenues 39 and expenditures on a cumulative basis for full-time 40 equivalent positions and dollars. 41 4. The judicial branch shall focus efforts upon the 42 collection of delinquent fines, penalties, court costs, 43 fees, surcharges, or similar amounts. 44 5. The offices of the clerks of the district court 45 shall operate in all 99 counties and be accessible to 46 the public during regular business hours. 47 6. In addition to the requirements for transfers 48 under section 8.39 , the judicial branch shall not 49 change the appropriations from the amounts appropriated 50 -4- H1306.1759 (3) 85 jm/jp 4/ 7
to the judicial branch in this division of this Act, 1 unless notice of the revisions is given prior to their 2 effective date to the legislative services agency. 3 The notice shall include information on the branch’s 4 rationale for making the changes and details concerning 5 the workload and performance measures upon which the 6 changes are based. 7 7. The judicial branch shall submit a semiannual 8 update to the legislative services agency specifying 9 the amounts of fines, surcharges, and court costs 10 collected using the Iowa court information system since 11 the last report. The judicial branch shall continue 12 to facilitate the sharing of vital sentencing and 13 other information with other state departments and 14 governmental agencies involved in the criminal justice 15 system through the Iowa court information system. 16 8. The judicial branch shall provide a report to 17 the general assembly by January 1, 2015, concerning 18 the amounts received and expended from the enhanced 19 court collections fund created in section 602.1304 and 20 the court technology and modernization fund created in 21 section 602.8108, subsection 7 , during the fiscal year 22 beginning July 1, 2013, and ending June 30, 2014, and 23 the plans for expenditures from each fund during the 24 fiscal year beginning July 1, 2014, and ending June 30, 25 2015. A copy of the report shall be provided to the 26 legislative services agency. 27 Sec. 8. CIVIL TRIALS —— LOCATION. Notwithstanding 28 any provision to the contrary, for the fiscal year 29 beginning July 1, 2014, and ending June 30, 2015, if 30 all parties in a case agree, a civil trial including a 31 jury trial may take place in a county contiguous to the 32 county with proper jurisdiction, even if the contiguous 33 county is located in an adjacent judicial district or 34 judicial election district. If the trial is moved 35 pursuant to this section, court personnel shall treat 36 the case as if a change of venue occurred. However, 37 if a trial is moved to an adjacent judicial district 38 or judicial election district, the judicial officers 39 serving in the judicial district or judicial election 40 district receiving the case shall preside over the 41 case. 42 Sec. 9. TRAVEL REIMBURSEMENT. Notwithstanding 43 section 602.1509 , for the fiscal year beginning July 1, 44 2014, a judicial officer may waive travel reimbursement 45 for any travel outside the judicial officer’s county of 46 residence to conduct official judicial business. 47 Sec. 10. POSTING OF REPORTS IN ELECTRONIC FORMAT —— 48 LEGISLATIVE SERVICES AGENCY. All reports or copies of 49 reports required to be provided by the judicial branch 50 -5- H1306.1759 (3) 85 jm/jp 5/ 7
for fiscal year 2014-2015 to the legislative services 1 agency shall be provided in an electronic format. The 2 legislative services agency shall post the reports on 3 its internet website and shall notify by electronic 4 means all the members of the joint appropriations 5 subcommittee on the justice system when a report 6 is posted. Upon request, copies of the reports may 7 be mailed to members of the joint appropriations 8 subcommittee on the justice system. 9 Sec. 11. JUDICIAL OFFICER —— UNPAID 10 LEAVE. Notwithstanding the annual salary rates 11 for judicial officers established by 2008 Iowa Acts, 12 chapter 1191, section 11, for the fiscal year beginning 13 July 1, 2014, and ending June 30, 2015, the supreme 14 court may by order place all judicial officers on 15 unpaid leave status on any day employees of the 16 judicial branch are placed on temporary layoff status. 17 The biweekly pay of the judicial officers shall be 18 reduced accordingly for the pay period in which the 19 unpaid leave date occurred in the same manner as for 20 noncontract employees of the judicial branch. Through 21 the course of the fiscal year, the judicial branch may 22 use an amount equal to the aggregate amount of salary 23 reductions due to the judicial officer unpaid leave 24 days for any purpose other than for judicial salaries. 25 Sec. 12. IOWA COMMUNICATIONS NETWORK. It is the 26 intent of the general assembly that the judicial branch 27 utilize the Iowa communications network or other secure 28 electronic communications in lieu of traveling for the 29 fiscal year beginning July 1, 2014. 30 ___. Page 1, after line 1 by inserting: 31 Sec. ___. SUPREME COURT JUSTICE SALARY. 32 1. Any justice appointed to the supreme court 33 prior to April 3, 2009, and who remains a justice of 34 the supreme court on or after the date the electorate 35 ratifies a constitutional amendment declaring marriage 36 between one man and one woman is the only valid or 37 recognized legal union in this state, shall have the 38 salary of the justice reduced in accordance with this 39 section unless the justice resigns immediately. 40 2. If the justice does not resign, the salary 41 reduction shall be calculated and implemented as 42 follows: 43 a. The total amount to be reduced from the future 44 salary of such a justice shall equal the difference 45 between the total amount of the salary earned by 46 the justice between April 3, 2009, and the date the 47 electorate ratified the constitutional amendment, 48 and the total amount of the salary earned by a member 49 of the general assembly between April 3, 2009, and 50 -6- H1306.1759 (3) 85 jm/jp 6/ 7
the date the electorate ratified the constitutional 1 amendment. 2 b. Upon calculating the total amount of the salary 3 to be reduced pursuant to paragraph “a”, the salary of 4 the justice shall be reduced to equal the salary of a 5 current member of the general assembly. 6 c. The salary of the justice shall be reduced until 7 such time as the total amount of the salary to be 8 reduced in paragraph “a” equals the total amount of the 9 actual salary reduction under paragraph “b”. >> 10 ______________________________ ALONS of Sioux ______________________________ SHAW of Pocahontas ______________________________ SHEETS of Appanoose ______________________________ GASSMAN of Winnebago ______________________________ HEARTSILL of Marion -7- H1306.1759 (3) 85 jm/jp 7/ 7