House Amendment to Senate File 442 S-3219 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- SF442.2182.H (1) 85 md 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. It is the intent of the general assembly that 5 the offices of the clerks of the district court operate 6 in all 99 counties and be accessible to the public as 7 much as is reasonably possible in order to address the 8 relative needs of the citizens of each 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 division of this Act, 13 unless notice of the revisions is given prior to their 14 effective date to the legislative services agency. 15 The notice shall include information on the branch’s 16 rationale for making the changes and details concerning 17 the workload and performance measures upon which the 18 changes are 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, 2014, 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, 2012, and ending June 30, 2013, and 35 the plans for expenditures from each fund during the 36 fiscal year beginning July 1, 2013, and ending June 30, 37 2014. A copy of the report shall be provided to the 38 legislative services agency. 39 Sec. 2. CIVIL TRIALS —— LOCATION. Notwithstanding 40 any provision to the contrary, for the fiscal year 41 beginning July 1, 2013, and ending June 30, 2014, if 42 all parties in a case agree, a civil trial including a 43 jury trial may take place in a county contiguous to the 44 county with proper jurisdiction, even if the contiguous 45 county is located in an adjacent judicial district or 46 judicial election district. If the trial is moved 47 pursuant to this section, court personnel shall treat 48 the case as if a change of venue occurred. However, 49 if a trial is moved to an adjacent judicial district 50 -2- SF442.2182.H (1) 85 md 2/ 6
or judicial election district, the judicial officers 1 serving in the judicial district or judicial election 2 district receiving the case shall preside over the 3 case. 4 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding 5 section 602.1509 , for the fiscal year beginning July 1, 6 2013, a judicial officer may waive travel reimbursement 7 for any travel outside the judicial officer’s county of 8 residence to conduct official judicial business. 9 Sec. 4. POSTING OF REPORTS IN ELECTRONIC FORMAT —— 10 LEGISLATIVE SERVICES AGENCY. All reports or copies of 11 reports required to be provided by the judicial branch 12 for fiscal year 2013-2014 to the legislative services 13 agency shall be provided in an electronic format. The 14 legislative services agency shall post the reports on 15 its internet website and shall notify by electronic 16 means all the members of the joint appropriations 17 subcommittee on the justice system when a report 18 is posted. Upon request, copies of the reports may 19 be mailed to members of the joint appropriations 20 subcommittee on the justice system. 21 Sec. 5. JUDICIAL OFFICER —— UNPAID 22 LEAVE. Notwithstanding the annual salary rates 23 for judicial officers established by 2008 Iowa Acts, 24 chapter 1191, section 11, for the fiscal year beginning 25 July 1, 2013, and ending June 30, 2014, the supreme 26 court may by order place all judicial officers on 27 unpaid leave status on any day employees of the 28 judicial branch are placed on temporary layoff status. 29 The biweekly pay of the judicial officers shall be 30 reduced accordingly for the pay period in which the 31 unpaid leave date occurred in the same manner as for 32 noncontract employees of the judicial branch. Through 33 the course of the fiscal year, the judicial branch may 34 use an amount equal to the aggregate amount of salary 35 reductions due to the judicial officer unpaid leave 36 days for any purpose other than for judicial salaries. 37 Sec. 6. IOWA COMMUNICATIONS NETWORK. It is the 38 intent of the general assembly that the judicial branch 39 utilize the Iowa communications network or other secure 40 electronic communications in lieu of traveling for the 41 fiscal year beginning July 1, 2013. 42 DIVISION II 43 FY 2014-2015 44 Sec. 7. JUDICIAL BRANCH. 45 1. There is appropriated from the general fund of 46 the state to the judicial branch for the fiscal year 47 beginning July 1, 2014, and ending June 30, 2015, the 48 following amount, or so much thereof as is necessary, 49 to be used for the purposes designated: 50 -3- SF442.2182.H (1) 85 md 3/ 6
a. For salaries of supreme court justices, 1 appellate court judges, district court judges, 2 district associate judges, associate juvenile judges, 3 associate probate judges, judicial magistrates and 4 staff, state court administrator, clerk of the supreme 5 court, district court administrators, clerks of the 6 district court, juvenile court officers, board of law 7 examiners and board of examiners of shorthand reporters 8 and judicial qualifications commission; receipt and 9 disbursement of child support payments; reimbursement 10 of the auditor of state for expenses incurred in 11 completing audits of the offices of the clerks of the 12 district court during the fiscal year beginning July 13 1, 2014; and maintenance, equipment, and miscellaneous 14 purposes: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 82,299,684 16 b. For deposit in the revolving fund created 17 pursuant to section 602.1302, subsection 3 , for jury 18 and witness fees, mileage, costs related to summoning 19 jurors, fees for interpreters, and reimbursement of 20 attorney fees paid by the state public defender: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,550,000 22 2. The judicial branch, except for purposes of 23 internal processing, shall use the current state budget 24 system, the state payroll system, and the Iowa finance 25 and accounting system in administration of programs 26 and payments for services, and shall not duplicate the 27 state payroll, accounting, and budgeting systems. 28 3. The judicial branch shall submit monthly 29 financial statements to the legislative services 30 agency and the department of management containing 31 all appropriated accounts in the same manner as 32 provided in the monthly financial status reports and 33 personal services usage reports of the department 34 of administrative services. The monthly financial 35 statements shall include a comparison of the dollars 36 and percentage spent of budgeted versus actual revenues 37 and expenditures on a cumulative basis for full-time 38 equivalent positions and dollars. 39 4. The judicial branch shall focus efforts upon the 40 collection of delinquent fines, penalties, court costs, 41 fees, surcharges, or similar amounts. 42 5. It is the intent of the general assembly that 43 the offices of the clerks of the district court operate 44 in all 99 counties and be accessible to the public as 45 much as is reasonably possible in order to address the 46 relative needs of the citizens of each county. 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- SF442.2182.H (1) 85 md 4/ 6
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- SF442.2182.H (1) 85 md 5/ 6
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 -6- SF442.2182.H (1) 85 md 6/ 6