House Amendment 1327


PAG LIN

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


                                        
          ALONS of Sioux


                                        
          SHAW of Pocahontas


                                        
          SHEETS of Appanoose


                                        
          GASSMAN of Winnebago


                                        
          HEARTSILL of Marion
          H1306.1759 (3) 85
          jm/jp

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