House File 645 H-1376 Amend House File 645 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 FY 2017-2018 5 Section 1. JUDICIAL BRANCH. 6 1. There is appropriated from the general fund of the state 7 to the judicial branch for the fiscal year beginning July 1, 8 2017, and ending June 30, 2018, the following amounts, or so 9 much thereof as is necessary, to be used for the purposes 10 designated: 11 a. For salaries of supreme court justices, appellate court 12 judges, district court judges, district associate judges, 13 associate juvenile judges, associate probate judges, judicial 14 magistrates and staff, state court administrator, clerk of the 15 supreme court, district court administrators, clerks of the 16 district court, juvenile court officers, board of law examiners 17 and board of examiners of shorthand reporters and judicial 18 qualifications commission; receipt and disbursement of child 19 support payments; reimbursement of the auditor of state for 20 expenses incurred in completing audits of the offices of the 21 clerks of the district court during the fiscal year beginning 22 July 1, 2017; and maintenance, equipment, and miscellaneous 23 purposes: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $175,686,612 25 b. For deposit in the revolving fund created pursuant to 26 section 602.1302, subsection 3 , for jury and witness fees, 27 mileage, costs related to summoning jurors, costs and fees for 28 interpreters and translators, and reimbursement of attorney 29 fees paid by the state public defender: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,100,000 31 2. The judicial branch, except for purposes of internal 32 processing, shall use the current state budget system, the 33 state payroll system, and the Iowa finance and accounting 34 system in administration of programs and payments for services, 35 -1- HF645.2399 (1) 87 (amending this HF 645 to CONFORM to SF 508) jm/rn 1/ 9 #1.

and shall not duplicate the state payroll, accounting, and 1 budgeting systems. 2 3. The judicial branch shall submit monthly financial 3 statements to the legislative services agency and the 4 department of management containing all appropriated accounts 5 in the same manner as provided in the monthly financial status 6 reports and personal services usage reports of the department 7 of administrative services. The monthly financial statements 8 shall include a comparison of the dollars and percentage 9 spent of budgeted versus actual revenues and expenditures on 10 a cumulative basis for full-time equivalent positions and 11 dollars. 12 4. The judicial branch shall focus efforts upon the 13 collection of delinquent fines, penalties, court costs, fees, 14 surcharges, or similar amounts. 15 5. It is the intent of the general assembly that the offices 16 of the clerks of the district court operate in all 99 counties 17 and be accessible to the public as much as is reasonably 18 possible in order to address the relative needs of the citizens 19 of each county. 20 6. In addition to the requirements for transfers under 21 section 8.39 , the judicial branch shall not change the 22 appropriations from the amounts appropriated to the judicial 23 branch in this division of this Act, unless notice of the 24 revisions is given prior to their effective date to the 25 legislative services agency. The notice shall include 26 information on the branch’s rationale for making the changes 27 and details concerning the workload and performance measures 28 upon which the changes are based. 29 7. The judicial branch shall submit a semiannual update 30 to the legislative services agency specifying the amounts of 31 fines, surcharges, and court costs collected using the Iowa 32 court information system since the last report. The judicial 33 branch shall continue to facilitate the sharing of vital 34 sentencing and other information with other state departments 35 -2- HF645.2399 (1) 87 (amending this HF 645 to CONFORM to SF 508) jm/rn 2/ 9

and governmental agencies involved in the criminal justice 1 system through the Iowa court information system. 2 8. The judicial branch shall provide a report to the general 3 assembly by January 1, 2018, concerning the amounts received 4 and expended from the enhanced court collections fund created 5 in section 602.1304 and the court technology and modernization 6 fund created in section 602.8108, subsection 9 , during the 7 fiscal year beginning July 1, 2016, and ending June 30, 2017, 8 and the plans for expenditures from each fund during the fiscal 9 year beginning July 1, 2017, and ending June 30, 2018. A copy 10 of the report shall be provided to the legislative services 11 agency. 12 Sec. 2. 2013 Iowa Acts, chapter 140, section 40, subsection 13 3, is amended to read as follows: 14 3. Notwithstanding subsections 1 and 2, in the fiscal 15 year beginning July 1, 2017, and ending June 30, 2018, the 16 supreme court may increase the annual salary rates specified 17 in subsection 2, by an amount not to exceed two and one-half 18 percent of the salary rate established for each judicial 19 position in subsection 2. Persons receiving the salary rates 20 established under this section shall not receive any additional 21 salary adjustments provided by this Act other than those 22 provided by this subsection . 23 Sec. 3. CIVIL TRIALS —— LOCATION. Notwithstanding any 24 provision to the contrary, for the fiscal year beginning July 25 1, 2017, and ending June 30, 2018, if all parties in a case 26 agree, a civil trial including a jury trial may take place in a 27 county contiguous to the county with proper jurisdiction, even 28 if the contiguous county is located in an adjacent judicial 29 district or judicial election district. If the trial is moved 30 pursuant to this section, court personnel shall treat the case 31 as if a change of venue occurred. However, if a trial is moved 32 to an adjacent judicial district or judicial election district, 33 the judicial officers serving in the judicial district or 34 judicial election district receiving the case shall preside 35 -3- HF645.2399 (1) 87 (amending this HF 645 to CONFORM to SF 508) jm/rn 3/ 9

over the case. 1 Sec. 4. TRAVEL REIMBURSEMENT. Notwithstanding section 2 602.1509 , for the fiscal year beginning July 1, 2017, and 3 ending June 30, 2018, a judicial officer may waive travel 4 reimbursement for any travel outside the judicial officer’s 5 county of residence to conduct official judicial business. 6 Sec. 5. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 7 the annual salary rates for judicial officers established by 8 2013 Iowa Acts, chapter 140, section 40, for the fiscal year 9 beginning July 1, 2017, and ending June 30, 2018, the supreme 10 court may by order place all judicial officers on unpaid leave 11 status on any day employees of the judicial branch are placed 12 on temporary layoff status. The biweekly pay of the judicial 13 officers shall be reduced accordingly for the pay period in 14 which the unpaid leave date occurred in the same manner as 15 for noncontract employees of the judicial branch. Through 16 the course of the fiscal year, the judicial branch may use an 17 amount equal to the aggregate amount of salary reductions due 18 to the judicial officer unpaid leave days for any purpose other 19 than for judicial salaries. 20 Sec. 6. IOWA COMMUNICATIONS NETWORK. It is the intent 21 of the general assembly that the judicial branch utilize 22 the Iowa communications network or other secure electronic 23 communications in lieu of traveling for the fiscal year 24 beginning July 1, 2017, and ending June 30, 2018. 25 Sec. 7. ENHANCED COURT COLLECTIONS FUND AND COURT 26 TECHNOLOGY AND MODERNIZATION FUND. Notwithstanding section 27 602.1304, subsection 2, paragraph “c”, and section 602.8108, 28 subsection 9, for the fiscal year beginning July 1, 2017, and 29 ending June 30, 2018, in addition to the purposes specified 30 in section 602.1304, subsection 2, paragraph “c”, and in 31 section 602.8108, subsection 9, the moneys in the funds may be 32 used by the judicial branch for operational costs and other 33 miscellaneous purposes and duties. 34 Sec. 8. TOTAL EXPENDITURE REQUIREMENTS OF JUDICIAL BRANCH 35 -4- HF645.2399 (1) 87 (amending this HF 645 to CONFORM to SF 508) jm/rn 4/ 9

—— DEPARTMENT OF MANAGEMENT. When the supreme court submits to 1 the director of the department of management an estimate of the 2 total expenditure requirements of the judicial branch pursuant 3 to section 602.1301, subsection 2, paragraph “b”, before 4 December 1, 2017, for the succeeding fiscal year, the director 5 of the department of management shall submit the estimate 6 received from the supreme court for inclusion without change 7 in the governor’s proposed budget for the succeeding fiscal 8 year, except that portion of the total expenditure requirements 9 that includes any increase of the salary rate for a judicial 10 position established in 2013 Iowa Acts, chapter 140, section 11 40, which shall not be included in the governor’s proposed 12 budget for the succeeding fiscal year. 13 DIVISION II 14 FY 2018-2019 15 Sec. 9. JUDICIAL BRANCH. 16 1. There is appropriated from the general fund of the state 17 to the judicial branch for the fiscal year beginning July 1, 18 2018, and ending June 30, 2019, the following amounts, or so 19 much thereof as is necessary, to be used for the purposes 20 designated: 21 a. For salaries of supreme court justices, appellate court 22 judges, district court judges, district associate judges, 23 associate juvenile judges, associate probate judges, judicial 24 magistrates and staff, state court administrator, clerk of the 25 supreme court, district court administrators, clerks of the 26 district court, juvenile court officers, board of law examiners 27 and board of examiners of shorthand reporters and judicial 28 qualifications commission; receipt and disbursement of child 29 support payments; reimbursement of the auditor of state for 30 expenses incurred in completing audits of the offices of the 31 clerks of the district court during the fiscal year beginning 32 July 1, 2018; and maintenance, equipment, and miscellaneous 33 purposes: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 87,843,306 35 -5- HF645.2399 (1) 87 (amending this HF 645 to CONFORM to SF 508) jm/rn 5/ 9

b. For deposit in the revolving fund created pursuant to 1 section 602.1302, subsection 3 , for jury and witness fees, 2 mileage, costs related to summoning jurors, costs and fees for 3 interpreters and translators, and reimbursement of attorney 4 fees paid by the state public defender: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,550,000 6 2. The judicial branch, except for purposes of internal 7 processing, shall use the current state budget system, the 8 state payroll system, and the Iowa finance and accounting 9 system in administration of programs and payments for services, 10 and shall not duplicate the state payroll, accounting, and 11 budgeting systems. 12 3. The judicial branch shall submit monthly financial 13 statements to the legislative services agency and the 14 department of management containing all appropriated accounts 15 in the same manner as provided in the monthly financial status 16 reports and personal services usage reports of the department 17 of administrative services. The monthly financial statements 18 shall include a comparison of the dollars and percentage 19 spent of budgeted versus actual revenues and expenditures on 20 a cumulative basis for full-time equivalent positions and 21 dollars. 22 4. The judicial branch shall focus efforts upon the 23 collection of delinquent fines, penalties, court costs, fees, 24 surcharges, or similar amounts. 25 5. It is the intent of the general assembly that the offices 26 of the clerks of the district court operate in all 99 counties 27 and be accessible to the public as much as is reasonably 28 possible in order to address the relative needs of the citizens 29 of each county. 30 6. In addition to the requirements for transfers under 31 section 8.39 , the judicial branch shall not change the 32 appropriations from the amounts appropriated to the judicial 33 branch in this division of this Act, unless notice of the 34 revisions is given prior to their effective date to the 35 -6- HF645.2399 (1) 87 (amending this HF 645 to CONFORM to SF 508) jm/rn 6/ 9

legislative services agency. The notice shall include 1 information on the branch’s rationale for making the changes 2 and details concerning the workload and performance measures 3 upon which the changes are based. 4 7. The judicial branch shall submit a semiannual update 5 to the legislative services agency specifying the amounts of 6 fines, surcharges, and court costs collected using the Iowa 7 court information system since the last report. The judicial 8 branch shall continue to facilitate the sharing of vital 9 sentencing and other information with other state departments 10 and 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 the general 13 assembly by January 1, 2019, concerning the amounts received 14 and expended from the enhanced court collections fund created 15 in section 602.1304 and the court technology and modernization 16 fund created in section 602.8108, subsection 9 , during the 17 fiscal year beginning July 1, 2017, and ending June 30, 2018, 18 and the plans for expenditures from each fund during the fiscal 19 year beginning July 1, 2018, and ending June 30, 2019. A copy 20 of the report shall be provided to the legislative services 21 agency. 22 Sec. 10. CIVIL TRIALS —— LOCATION. Notwithstanding any 23 provision to the contrary, for the fiscal year beginning July 24 1, 2018, and ending June 30, 2019, if all parties in a case 25 agree, a civil trial including a jury trial may take place in a 26 county contiguous to the county with proper jurisdiction, even 27 if the contiguous county is located in an adjacent judicial 28 district or judicial election district. If the trial is moved 29 pursuant to this section, court personnel shall treat the case 30 as if a change of venue occurred. However, if a trial is moved 31 to an adjacent judicial district or judicial election district, 32 the judicial officers serving in the judicial district or 33 judicial election district receiving the case shall preside 34 over the case. 35 -7- HF645.2399 (1) 87 (amending this HF 645 to CONFORM to SF 508) jm/rn 7/ 9

Sec. 11. TRAVEL REIMBURSEMENT. Notwithstanding section 1 602.1509 , for the fiscal year beginning July 1, 2018, and 2 ending June 30, 2019, a judicial officer may waive travel 3 reimbursement for any travel outside the judicial officer’s 4 county of residence to conduct official judicial business. 5 Sec. 12. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 6 the annual salary rates for judicial officers established by 7 2013 Iowa Acts, chapter 140, section 40, for the fiscal year 8 beginning July 1, 2018, and ending June 30, 2019, the supreme 9 court may by order place all judicial officers on unpaid leave 10 status on any day employees of the judicial branch are placed 11 on temporary layoff status. The biweekly pay of the judicial 12 officers shall be reduced accordingly for the pay period in 13 which the unpaid leave date occurred in the same manner as 14 for noncontract employees of the judicial branch. Through 15 the course of the fiscal year, the judicial branch may use an 16 amount equal to the aggregate amount of salary reductions due 17 to the judicial officer unpaid leave days for any purpose other 18 than for judicial salaries. 19 Sec. 13. IOWA COMMUNICATIONS NETWORK. It is the intent 20 of the general assembly that the judicial branch utilize 21 the Iowa communications network or other secure electronic 22 communications in lieu of traveling for the fiscal year 23 beginning July 1, 2018, and ending June 30, 2019. 24 DIVISION III 25 COURT ADMINISTRATION 26 Sec. 14. COURT ADMINISTRATION. Notwithstanding other 27 provisions of this Act and section 602.1215, subsection 1, 28 sections 602.2301, 602.6113, 602.6201, subsections 5, 6, 7, 29 and 10, sections 602.6301, 602.6401, subsection 1, and section 30 602.6603, subsections 1, 2, 3, 4, and 7, for the fiscal years 31 beginning July 1, 2017, and July 1, 2018, the supreme court may 32 implement policies and procedures that may be contrary to the 33 requirements of this Act and the Code provisions referenced 34 in this section in order to efficiently and effectively 35 -8- HF645.2399 (1) 87 (amending this HF 645 to CONFORM to SF 508) jm/rn 8/ 9

administer justice throughout the state. The state court 1 administrator shall submit a report to the chairpersons of the 2 joint appropriations subcommittee on the justice system and 3 the legislative services agency, fiscal services division, 4 by October 2, 2017, and October 1, 2018, respectively, 5 detailing the establishment of any new policies and procedures 6 implemented pursuant to this section that efficiently and 7 effectively administer justice throughout the state. > 8 ______________________________ WORTHAN of Buena Vista -9- HF645.2399 (1) 87 (amending this HF 645 to CONFORM to SF 508) jm/rn 9/ 9