Senate File 563 S-3214 Amend Senate File 563 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 FY 2023-2024 APPROPRIATIONS 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 2023, and ending June 30, 2024, 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 15 the supreme court, district court administrators, clerks of 16 the district court, juvenile court officers, board of law 17 examiners, board of examiners of shorthand reporters, and 18 commission on judicial qualifications; receipt and disbursement 19 of child support payments; reimbursement of the auditor 20 of state for expenses incurred in completing audits of the 21 offices of the clerks of the district court during the fiscal 22 year beginning July 1, 2023; and maintenance, equipment, and 23 miscellaneous purposes: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $193,350,550 25 Of the moneys appropriated in this lettered paragraph, 26 no more than $250,000 is allocated for reimbursement to the 27 indigent defense fund created in section 815.11 for travel 28 time claims as required under section 815.7A, subsection 2, if 29 enacted by 2023 Iowa Acts, Senate File 562 or House Study Bill 30 251, or successor legislation. 31 b. For deposit in the revolving fund created pursuant to 32 section 602.1302, subsection 3, for jury and witness fees, 33 mileage, costs related to summoning jurors, costs and fees for 34 interpreters and translators, and reimbursement of attorney 35 -1- SF 563.2114 (1) 90 cm/ns 1/ 10 #1.

fees paid by the state public defender: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,600,000 2 c. For payment of expenses for court-ordered services 3 provided to juveniles who are under the supervision of juvenile 4 court services, which expenses are a charge upon the state 5 pursuant to section 232.141, subsection 4: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,290,000 7 (1) Of the moneys appropriated in this lettered paragraph, 8 no more than $1,556,000 is allocated to provide school-based 9 supervision of children under chapter 232, of which no more 10 than $15,000 may be used for purposes of training. A portion 11 of the cost of each school-based liaison officer shall be paid 12 by the school district or other funding source as approved by 13 the chief juvenile court officer. 14 (2) Of the moneys appropriated in this lettered paragraph, 15 no more than $748,000 is allocated for the payment of expenses 16 for court-ordered services provided to children who are under 17 the supervision of the department of health and human services, 18 which expenses are a charge upon the state pursuant to section 19 232.141, subsection 4. 20 (3) Notwithstanding section 232.141 or any other provision 21 of law to the contrary, the moneys appropriated in this 22 lettered paragraph shall be distributed to the judicial 23 districts as determined by the state court administrator. The 24 state court administrator shall make the determination of the 25 distribution amounts on or before June 15, 2023. 26 (4) Notwithstanding chapter 232 or any other provision of 27 law to the contrary, a district or juvenile court shall not 28 order any service which is a charge upon the state pursuant 29 to section 232.141 if there are insufficient court-ordered 30 services moneys available in the district court distribution 31 amounts to pay for the service. The chief juvenile court 32 officer shall encourage use of the moneys appropriated in this 33 lettered paragraph such that there are sufficient moneys to pay 34 for all court-ordered services during the entire fiscal year. 35 -2- SF 563.2114 (1) 90 cm/ns 2/ 10

The chief juvenile court officer shall attempt to anticipate 1 potential surpluses and shortfalls in the distribution amounts 2 and shall cooperatively request the state court administrator 3 to transfer moneys between the judicial districts’ distribution 4 amounts as prudent. 5 (5) Notwithstanding any provision of law to the contrary, 6 a district or juvenile court shall not order a county to pay 7 for any service provided to a juvenile pursuant to an order 8 entered under chapter 232 which is a charge upon the state 9 under section 232.141, subsection 4. 10 (6) Of the moneys appropriated in this lettered paragraph, 11 no more than $83,000 may be used by the judicial branch 12 for administration of the requirements under this lettered 13 paragraph. 14 (7) Of the moneys appropriated in this lettered paragraph, 15 $23,000 is allocated to the judicial branch to support the 16 interstate commission for juveniles in accordance with the 17 interstate compact for juveniles as provided in section 18 232.173. 19 d. For juvenile justice delinquency prevention pursuant to 20 section 232.192, if enacted by 2023 Iowa Acts, Senate File 285 21 or House File 699, or if not enacted, for juvenile delinquent 22 graduated sanctions services pursuant to section 232.192, as 23 enacted by 2022 Iowa Acts, chapter 1098, section 70: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,253,000 25 Any state moneys saved as a result of efforts by juvenile 26 court services to earn a federal fund match pursuant to Tit. 27 IV-E of the federal Family First Prevention Services Act 28 of 2018, Pub. L. No. 115-123, for juvenile court services 29 administration is appropriated to the judicial branch for 30 purposes of this lettered paragraph. 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 -3- SF 563.2114 (1) 90 cm/ns 3/ 10

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. An office of the clerk of the district court 20 shall be open regular courthouse hours. 21 6. In addition to the requirements for transfers under 22 section 8.39, the judicial branch shall not change the 23 appropriations from the amounts appropriated to the judicial 24 branch in this division of this Act, unless notice of the 25 revisions is given to the legislative services agency prior 26 to the effective date. The notice shall include information 27 on the judicial branch’s rationale for making the changes and 28 details concerning the workload and performance measures upon 29 which the changes are based. 30 7. The judicial branch shall submit a semiannual update 31 to the legislative services agency specifying the amounts of 32 fines, surcharges, and court costs collected using the Iowa 33 court information system since the last report. The judicial 34 branch shall continue to facilitate the sharing of vital 35 -4- SF 563.2114 (1) 90 cm/ns 4/ 10

sentencing and other information with other state departments 1 and governmental agencies involved in the criminal justice 2 system through the Iowa court information system. 3 8. The judicial branch shall provide a report to the general 4 assembly by January 1, 2024, concerning the amounts received 5 and expended from the court technology and modernization fund 6 created in section 602.8108, subsection 7, during the fiscal 7 year beginning July 1, 2022, and ending June 30, 2023, and the 8 plans for expenditures from each fund during the fiscal year 9 beginning July 1, 2023, and ending June 30, 2024. 10 Sec. 2. CIVIL TRIALS —— LOCATION. Notwithstanding any 11 provision to the contrary, for the fiscal year beginning July 12 1, 2023, and ending June 30, 2024, if all parties in a case 13 agree, a civil trial including a jury trial may take place in a 14 county contiguous to the county with proper jurisdiction, even 15 if the contiguous county is located in an adjacent judicial 16 district or judicial election district. If the trial is moved 17 pursuant to this section, court personnel shall treat the case 18 as if a change of venue occurred. 19 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section 20 602.1509, for the fiscal year beginning July 1, 2023, and 21 ending June 30, 2024, a judicial officer may waive travel 22 reimbursement for any travel outside the judicial officer’s 23 county of residence to conduct official judicial business. 24 Sec. 4. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 25 the annual salary rates for judicial officers established by 26 2022 Iowa Acts, chapter 1145, section 6, for the fiscal year 27 beginning July 1, 2023, and ending June 30, 2024, the supreme 28 court may by order place all judicial officers on unpaid leave 29 status on any day employees of the judicial branch are placed 30 on temporary layoff status. The biweekly pay of the judicial 31 officers shall be reduced accordingly for the pay period in 32 which the unpaid leave date occurred in the same manner as 33 for noncontract employees of the judicial branch. Through 34 the course of the fiscal year, the judicial branch may use an 35 -5- SF 563.2114 (1) 90 cm/ns 5/ 10

amount equal to the aggregate amount of salary reductions due 1 to the judicial officer unpaid leave days for any purpose other 2 than for judicial salaries. 3 Sec. 5. IOWA COMMUNICATIONS NETWORK. It is the intent 4 of the general assembly that the judicial branch utilize 5 the Iowa communications network or other secure electronic 6 communications in lieu of traveling for the fiscal year 7 beginning July 1, 2023, and ending June 30, 2024. 8 DIVISION II 9 APPORTIONMENT OF DISTRICT ASSOCIATE JUDGES 10 Sec. 6. Section 602.6301, Code 2023, is amended to read as 11 follows: 12 602.6301 Number and apportionment of district associate 13 judges. 14 1. There shall be one district associate judge in counties 15 having a population of more than thirty-five thousand and less 16 than eighty thousand; two in counties having a population of 17 eighty thousand or more and less than one hundred twenty-five 18 thousand; three in counties having a population of one 19 hundred twenty-five thousand or more and less than one hundred 20 seventy thousand; four in counties having a population of one 21 hundred seventy thousand or more and less than two hundred 22 fifteen thousand; five in counties having a population of two 23 hundred fifteen thousand or more and less than two hundred 24 sixty thousand; six in counties having a population of two 25 hundred sixty thousand or more and less than three hundred 26 five thousand; seven in counties having a population of three 27 hundred five thousand or more and less than three hundred 28 fifty thousand; eight in counties having a population of three 29 hundred fifty thousand or more and less than three hundred 30 ninety-five thousand; nine in counties having a population of 31 three hundred ninety-five thousand or more and less than four 32 hundred forty thousand; ten in counties having a population of 33 four hundred forty thousand or more and less than four hundred 34 eighty-five thousand; and one additional judge for every 35 -6- SF 563.2114 (1) 90 cm/ns 6/ 10

population increment of thirty-five thousand which is over 1 four hundred eighty-five thousand in such counties. However, 2 a county shall not lose a district associate judgeship solely 3 because of a reduction in the county’s population. If the 4 formula provided in this section results in the allocation 5 of an additional district associate judgeship to a county, 6 implementation of the allocation shall be subject to prior 7 approval of the supreme court and availability of funds to the 8 judicial branch. The supreme court shall prescribe, subject 9 to the restrictions of this section, a formula to determine 10 the number of district associate judges who will serve in each 11 judicial election district. The formula shall be based upon 12 a model that measures and applies an estimated case-related 13 workload formula of judicial officers, and shall account for 14 administrative duties, travel time, and other judicial duties 15 not related to a specific case. A district associate judge 16 appointed pursuant to section 602.6302 or 602.6307 shall not 17 be counted for purposes of this section and the reduction of 18 a district associate judge pursuant to section 602.6303 also 19 shall not be counted for purposes of this section . 20 2. For purposes of this section, “vacancy” means the death, 21 resignation, retirement, or removal of a district associate 22 judge, or the failure of a district associate judge to be 23 retained in office at the judicial election, or an increase in 24 judgeships under the formula prescribed in subsection 1. 25 3. In those judicial election districts having more 26 district associate judges than the number of judgeships 27 specified by the formula prescribed in subsection 1, vacancies 28 shall not be filled. 29 4. In those judicial election districts having fewer or 30 the same number of district associate judges as the number of 31 judgeships specified by the formula prescribed in subsection 1, 32 vacancies shall be filled as the vacancies occur. 33 5. In those judicial districts that contain more than one 34 judicial election district, a vacancy in a judicial election 35 -7- SF 563.2114 (1) 90 cm/ns 7/ 10

district shall not be filled if the total number of district 1 associate judges in all judicial election districts within 2 the judicial district equals or exceeds the aggregate number 3 of judgeships to which all of the judicial election districts 4 of the judicial district are authorized by the formula in 5 subsection 1. 6 6. An incumbent district associate judge shall not be 7 removed from office because of a reduction in the number of 8 authorized judgeships specified by the formula prescribed in 9 subsection 1. 10 DIVISION III 11 VIDEO RECORDINGS 12 Sec. 7. Section 602.3205, Code 2023, is amended to read as 13 follows: 14 602.3205 Audio and video recordings. 15 1. Except as provided in subsection 2 or 3 , a certified 16 shorthand reporter’s audio and video recordings used solely 17 for the purpose of providing a verbatim written transcript of 18 a court proceeding or a proceeding conducted in anticipation 19 of use in a court proceeding shall be considered the personal 20 property and private work product of the certified shorthand 21 reporter. 22 2. An audio or video recording of a certified shorthand 23 reporter appointed under section 602.6603 shall be provided to 24 the presiding judge or chief judge for an in camera review upon 25 court order for good cause shown. 26 3. a. An audio or video recording of a certified shorthand 27 reporter shall be provided to the board upon request by the 28 board if a disciplinary proceeding is pending regarding the 29 certified shorthand reporter who is a respondent under the 30 provisions of section 602.3203 or the rules of the board of 31 examiners of shorthand reporters, Iowa court rules, ch. 46 . 32 b. The audio and video recordings provided to the board 33 pursuant to this subsection shall be kept confidential by the 34 board in a manner as provided in section 272C.6, subsection 4 . 35 -8- SF 563.2114 (1) 90 cm/ns 8/ 10

DIVISION IV 1 NONCONTRACT ATTORNEY APPOINTMENT 2 Sec. 8. NONCONTRACT ATTORNEY APPOINTMENT. For the fiscal 3 year beginning July 1, 2023, and ending June 30, 2024, a court 4 shall not appoint a noncontract attorney under section 815.10, 5 subsection 3, without the noncontract attorney’s consent. 6 DIVISION V 7 CONTRACTING AUTHORITY 8 Sec. 9. NEW SECTION . 602.1209A State court administrator 9 may contractually limit vendor liability. 10 1. The state court administrator may authorize the 11 procurement of goods and services in which a contractual 12 limitation of vendor liability is provided for and set forth in 13 the documents initiating the procurement. 14 2. a. The state court administrator shall consider all of 15 the following criteria when determining whether to permit a 16 contractual limitation of vendor liability with regard to any 17 procurement of goods or services: 18 (1) Whether authorizing a contractual limitation of vendor 19 liability is necessary to prevent harm to the state from 20 a failure to obtain the goods or services sought, or from 21 obtaining the goods or services at a higher price if the state 22 refuses to allow a contractual limitation of vendor liability. 23 (2) Whether the contractual limitation of vendor liability 24 is commercially reasonable when taking into account any risk to 25 the state created by the goods or services to be procured and 26 the purpose for which they will be used. 27 b. The state court administrator may consider additional 28 criteria. 29 3. Notwithstanding subsection 1, a contractual limitation 30 of vendor liability shall not include any limitation on the 31 liability of any vendor for intentional torts, criminal acts, 32 or fraudulent conduct. > 33 2. Title page, by striking line 1 and inserting < An Act 34 relating to the judicial branch, including appropriations 35 -9- SF 563.2114 (1) 90 cm/ns 9/ 10