Senate Amendment to House File 2558 H-8387 Amend House File 2558, as amended, passed, and reprinted by 1 the House, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < Section 1. JUDICIAL BRANCH. 5 1. There is appropriated from the general fund of the state 6 to the judicial branch for the fiscal year beginning July 1, 7 2022, and ending June 30, 2023, the following amounts, or so 8 much thereof as is necessary, to be used for the purposes 9 designated: 10 a. For salaries of supreme court justices, appellate court 11 judges, district court judges, district associate judges, 12 associate juvenile judges, associate probate judges, judicial 13 magistrates and staff, state court administrator, clerk of 14 the supreme court, district court administrators, clerks of 15 the district court, juvenile court officers, board of law 16 examiners, board of examiners of shorthand reporters, and 17 commission on judicial qualifications; receipt and disbursement 18 of child support payments; reimbursement of the auditor 19 of state for expenses incurred in completing audits of the 20 offices of the clerks of the district court during the fiscal 21 year beginning July 1, 2022; and maintenance, equipment, and 22 miscellaneous purposes: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $190,100,550 24 From the moneys appropriated in this paragraph, the 25 judicial branch shall fund the appointment of four new district 26 associate judge positions and the associated support staff. 27 b. For deposit in the revolving fund created pursuant to 28 section 602.1302, subsection 3, for jury and witness fees, 29 mileage, costs related to summoning jurors, costs and fees for 30 interpreters and translators, and reimbursement of attorney 31 fees paid by the state public defender: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,600,000 33 2. The judicial branch, except for purposes of internal 34 processing, shall use the current state budget system, the 35 -1- HF 2558.4602.S (1) 89 mb 1/ 6 #1.
state payroll system, and the Iowa finance and accounting 1 system in administration of programs and payments for services, 2 and shall not duplicate the state payroll, accounting, and 3 budgeting systems. 4 3. The judicial branch shall submit monthly financial 5 statements to the legislative services agency and the 6 department of management containing all appropriated accounts 7 in the same manner as provided in the monthly financial status 8 reports and personal services usage reports of the department 9 of administrative services. The monthly financial statements 10 shall include a comparison of the dollars and percentage 11 spent of budgeted versus actual revenues and expenditures on 12 a cumulative basis for full-time equivalent positions and 13 dollars. 14 4. The judicial branch shall focus efforts upon the 15 collection of delinquent fines, penalties, court costs, fees, 16 surcharges, or similar amounts. 17 5. It is the intent of the general assembly that the offices 18 of the clerks of the district court operate in all 99 counties 19 and be accessible to the public as much as is reasonably 20 possible in order to address the relative needs of the citizens 21 of each county. An office of the clerk of the district court 22 shall be open regular courthouse hours. 23 6. In addition to the requirements for transfers under 24 section 8.39, the judicial branch shall not change the 25 appropriations from the amounts appropriated to the judicial 26 branch in this Act, unless notice of the revisions is given to 27 the legislative services agency prior to the effective date. 28 The notice shall include information on the judicial branch’s 29 rationale for making the changes and details concerning the 30 workload and performance measures upon which the changes are 31 based. 32 7. The judicial branch shall submit a semiannual update 33 to the legislative services agency specifying the amounts of 34 fines, surcharges, and court costs collected using the Iowa 35 -2- HF 2558.4602.S (1) 89 mb 2/ 6
court information system since the last report. The judicial 1 branch shall continue to facilitate the sharing of vital 2 sentencing and other information with other state departments 3 and governmental agencies involved in the criminal justice 4 system through the Iowa court information system. 5 8. The judicial branch shall provide a report to the general 6 assembly by January 1, 2023, concerning the amounts received 7 and expended from the court technology and modernization fund 8 created in section 602.8108, subsection 7, during the fiscal 9 year beginning July 1, 2021, and ending June 30, 2022, and the 10 plans for expenditures from each fund during the fiscal year 11 beginning July 1, 2022, and ending June 30, 2023. 12 Sec. 2. CIVIL TRIALS —— LOCATION. Notwithstanding any 13 provision to the contrary, for the fiscal year beginning July 14 1, 2022, and ending June 30, 2023, if all parties in a case 15 agree, a civil trial including a jury trial may take place in a 16 county contiguous to the county with proper jurisdiction, even 17 if the contiguous county is located in an adjacent judicial 18 district or judicial election district. If the trial is moved 19 pursuant to this section, court personnel shall treat the case 20 as if a change of venue occurred. 21 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section 22 602.1509, for the fiscal year beginning July 1, 2022, and 23 ending June 30, 2023, a judicial officer may waive travel 24 reimbursement for any travel outside the judicial officer’s 25 county of residence to conduct official judicial business. 26 Sec. 4. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 27 the annual salary rates for judicial officers established 28 by this Act for the fiscal year beginning July 1, 2022, and 29 ending June 30, 2023, the supreme court may by order place all 30 judicial officers on unpaid leave status on any day employees 31 of the judicial branch are placed on temporary layoff status. 32 The biweekly pay of the judicial officers shall be reduced 33 accordingly for the pay period in which the unpaid leave date 34 occurred in the same manner as for noncontract employees of the 35 -3- HF 2558.4602.S (1) 89 mb 3/ 6
judicial branch. Through the course of the fiscal year, the 1 judicial branch may use an amount equal to the aggregate amount 2 of salary reductions due to the judicial officer unpaid leave 3 days for any purpose other than for judicial salaries. 4 Sec. 5. IOWA COMMUNICATIONS NETWORK. It is the intent 5 of the general assembly that the judicial branch utilize 6 the Iowa communications network or other secure electronic 7 communications in lieu of traveling for the fiscal year 8 beginning July 1, 2022, and ending June 30, 2023. 9 Sec. 6. STATE COURT —— JUSTICES, JUDGES, AND MAGISTRATES. 10 1. The salary rates specified in subsection 2 are for the 11 fiscal year beginning July 1, 2022, effective for the pay 12 period beginning June 24, 2022, and for subsequent fiscal 13 years until otherwise provided by the general assembly. The 14 salaries provided for in this section shall be paid from moneys 15 allocated to the judicial branch from the salary adjustment 16 fund, or if the allocation is not sufficient, from moneys 17 appropriated to the judicial branch pursuant to this Act or any 18 other Act of the general assembly. 19 2. The following annual salary rates shall be paid to the 20 persons holding the judicial positions indicated during the 21 fiscal year beginning July 1, 2022, effective with the pay 22 period beginning June 24, 2022, and for subsequent pay periods: 23 a. Chief justice of the supreme court: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 196,106 25 b. Each justice of the supreme court: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 187,326 27 c. Chief judge of the court of appeals: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 175,619 29 d. Each associate judge of the court of appeals: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 169,765 31 e. Each chief judge of a judicial district: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 163,910 33 f. Each district judge except the chief judge of a judicial 34 district: 35 -4- HF 2558.4602.S (1) 89 mb 4/ 6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 158,056 1 g. Each district associate judge: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 140,495 3 h. Each associate juvenile judge: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 140,495 5 i. Each associate probate judge: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 140,495 7 j. Each judicial magistrate: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 43,318 9 k. Each senior judge: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,366 11 3. Persons receiving the salary rates established 12 under this section shall not receive any additional salary 13 adjustments provided by this Act or any other Act of the 14 general assembly. 15 Sec. 7. Section 46.3, subsections 1 and 3, Code 2022, are 16 amended to read as follows: 17 1. The governor shall appoint five six eligible electors 18 of each judicial election district to the district judicial 19 nominating commission. 20 3. No more than a simple majority half of the commissioners 21 appointed shall be of the same gender. 22 Sec. 8. Section 46.6, subsection 2, Code 2022, is amended 23 to read as follows: 24 2. The judge of longest service in the district shall serve 25 as the chair of a particular district judicial nominating 26 commission. If the judges of longest service in the district 27 are of equal service, the eldest of such judges shall be 28 chairperson of the particular judicial nominating commission 29 commissioners of the district judicial nominating commission 30 shall elect a chairperson from their own number. The 31 chairperson shall serve a two-year term that expires on April 32 30 of even-numbered years. A commissioner may be reelected 33 for a second or third term as chairperson. If a chairperson 34 of a judicial nominating commission desires to be relieved 35 -5- HF 2558.4602.S (1) 89 mb 5/ 6
of the duties of chairperson while retaining the status of 1 commissioner, the chairperson shall notify the governor and the 2 other commissioners of the commission. At the next meeting of 3 the commission, the commissioners shall elect a new chairperson 4 for the remainder of the two-year term . 5 Sec. 9. Section 602.1301, subsection 2, paragraph b, Code 6 2022, is amended to read as follows: 7 b. Before December 1, the supreme court shall submit to 8 the director of the department of management an estimate of 9 the total expenditure requirements of the judicial branch. 10 The director of the department of management shall submit 11 this estimate received from the supreme court to the governor 12 for inclusion without change in the governor’s proposed 13 budget for the succeeding fiscal year . The estimate shall 14 also be submitted to the chairpersons of the committees on 15 appropriations. 16 Sec. 10. Section 602.9116, Code 2022, is amended by adding 17 the following new subsection: 18 NEW SUBSECTION . 3. The court administrator shall submit 19 to the general assembly a copy of each actuarial valuation and 20 annual actuarial update. > 21 -6- HF 2558.4602.S (1) 89 mb 6/ 6