Bill Text: IA SSB1120 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act concerning judicial branch administration, including mental health advocates, access to and confidentiality of certain department of revenue taxpayer information for jury list compilation, contracting authority, apportionment of district associate judges, remote testimony and video recordings, and access to criminal history records.(See SF 472, SF 2345.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-03-01 - Committee report approving bill, renumbered as SF 472. [SSB1120 Detail]
Download: Iowa-2023-SSB1120-Introduced.html
Senate
Study
Bill
1120
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
JUDICIAL
BRANCH
BILL)
A
BILL
FOR
An
Act
concerning
judicial
branch
administration,
including
1
mental
health
advocates,
access
to
and
confidentiality
of
2
certain
department
of
revenue
taxpayer
information
for
jury
3
list
compilation,
contracting
authority,
apportionment
4
of
district
associate
judges,
remote
testimony
and
video
5
recordings,
and
access
to
criminal
history
records.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
TLSB
1212XD
(6)
90
cm/ns
S.F.
_____
H.F.
_____
DIVISION
I
1
PATIENT
ADVOCATES
2
Section
1.
Section
229.19,
subsection
1,
paragraph
d,
3
subparagraph
(7),
Code
2023,
is
amended
to
read
as
follows:
4
(7)
To
utilize
the
related
best
practices
for
the
duties
5
identified
in
this
paragraph
“d”
developed
and
promulgated
by
6
the
judicial
council
.
7
DIVISION
II
8
JURORS
——
TAX
INFORMATION
9
Sec.
2.
Section
422.20,
subsection
3,
paragraph
a,
Code
10
2023,
is
amended
to
read
as
follows:
11
a.
Unless
otherwise
expressly
permitted
by
section
8A.504
,
12
section
8G.4
,
section
11.41
,
section
96.11,
subsection
6
,
13
section
421.17,
subsections
22,
23,
and
26
,
section
421.17,
14
subsection
27
,
paragraph
“k”
,
section
421.17,
subsection
31
,
15
section
252B.9
,
section
321.40,
subsection
6
,
sections
321.120
,
16
421.19
,
421.28
,
421.59
,
422.72
,
and
452A.63
,
and
607A.22,
this
17
section
,
or
another
provision
of
law,
a
tax
return,
return
18
information,
or
investigative
or
audit
information
shall
not
19
be
divulged
to
any
person
or
entity,
other
than
the
taxpayer,
20
the
department,
or
internal
revenue
service
for
use
in
a
matter
21
unrelated
to
tax
administration.
22
Sec.
3.
Section
422.72,
subsection
1,
paragraph
c,
Code
23
2023,
is
amended
to
read
as
follows:
24
c.
(1)
The
Except
as
explicitly
provided
in
this
section,
25
the
department
shall
not
authorize
the
examination
of
tax
26
information
by
officers
and
employees
of
this
state,
another
27
state,
or
of
the
United
States
if
the
officers
or
employees
28
would
otherwise
be
required
to
obtain
a
judicial
order
to
29
examine
the
information
if
it
were
to
be
obtained
from
another
30
source,
and
if
the
purpose
of
the
examination
is
other
than
for
31
tax
administration.
However,
the
32
(2)
The
director
may
provide
sample
individual
income
33
tax
information
to
be
used
for
statistical
purposes
to
the
34
legislative
services
agency.
The
information
shall
not
35
-1-
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90
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1/
10
S.F.
_____
H.F.
_____
include
the
name
or
mailing
address
of
the
taxpayer
or
the
1
taxpayer’s
social
security
number.
Any
information
contained
2
in
an
individual
income
tax
return
which
is
provided
by
the
3
director
shall
only
be
used
as
a
part
of
a
database
which
4
contains
similar
information
from
a
number
of
returns.
The
5
legislative
services
agency
shall
not
have
access
to
the
income
6
tax
returns
of
individuals.
Each
request
for
individual
income
7
tax
information
shall
contain
a
statement
by
the
director
of
8
the
legislative
services
agency
that
the
individual
income
tax
9
information
received
by
the
legislative
services
agency
shall
10
be
used
solely
for
statistical
purposes.
11
(3)
The
director
may
provide
tax
information
to
the
state
12
court
administrator
to
be
used
to
prepare
grand
and
petit
13
master
jury
lists.
Tax
information
provided
shall
be
limited
14
to
the
name,
date
of
birth,
last
four
digits
of
the
social
15
security
number,
and
address
of
the
taxpayer
and
spouse.
16
The
information
provided
shall
not
include
the
financial
17
information
of
the
taxpayer.
Each
request
for
tax
information
18
shall
contain
a
statement
by
the
state
court
administrator
that
19
the
tax
information
received
by
the
judicial
branch
shall
be
20
used
solely
to
prepare
grand
and
petit
master
jury
lists.
21
(4)
This
subsection
does
not
prevent
the
department
22
from
authorizing
the
examination
of
state
returns
and
state
23
information
under
the
provisions
of
section
252B.9
or
607A.22
.
24
(5)
This
subsection
prevails
over
any
general
law
of
this
25
state
relating
to
public
records.
26
Sec.
4.
Section
422.72,
subsection
3,
paragraph
a,
Code
27
2023,
is
amended
to
read
as
follows:
28
a.
Unless
otherwise
expressly
permitted
by
section
8A.504
,
29
section
8G.4
,
section
11.41
,
section
96.11,
subsection
6
,
30
section
421.17,
subsections
22,
23,
and
26
,
section
421.17,
31
subsection
27
,
paragraph
“k”
,
section
421.17,
subsection
31
,
32
section
252B.9
,
section
321.40,
subsection
6
,
sections
321.120
,
33
421.19
,
421.28
,
422.20
,
and
452A.63
,
and
607A.22,
this
section
,
34
or
another
provision
of
law,
a
tax
return,
return
information,
35
-2-
LSB
1212XD
(6)
90
cm/ns
2/
10
S.F.
_____
H.F.
_____
or
investigative
or
audit
information
shall
not
be
divulged
to
1
any
person
or
entity,
other
than
the
taxpayer,
the
department,
2
or
internal
revenue
service
for
use
in
a
matter
unrelated
to
3
tax
administration.
4
Sec.
5.
Section
607A.22,
Code
2023,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
1A.
The
state
court
administrator
may
use
7
taxpayer
information
provided
by
the
department
of
revenue
as
8
permitted
by
section
422.72,
subsection
1,
paragraph
“c”
,
when
9
preparing
grand
and
petit
master
jury
lists.
10
Sec.
6.
NEW
SECTION
.
607A.48
Public
access
to
juror
11
information.
12
Public
access
to
juror
and
prospective
juror
information
13
shall
be
limited.
Information
on
the
year
of
birth
and
address
14
information
identifying
the
city
and
zip
code
of
prospective
15
jurors
shall
be
available
to
the
public.
However,
more
16
specific
address
information,
phone
numbers,
and
the
date
and
17
month
of
birth
of
prospective
jurors
are
confidential
and
not
18
subject
to
disclosure
without
an
order
of
the
court.
19
DIVISION
III
20
CONTRACTING
AUTHORITY
21
Sec.
7.
NEW
SECTION
.
602.1209A
State
court
administrator
22
may
contractually
limit
vendor
liability.
23
1.
The
state
court
administrator
may
authorize
the
24
procurement
of
goods
and
services
in
which
a
contractual
25
limitation
of
vendor
liability
is
provided
for
and
set
forth
in
26
the
documents
initiating
the
procurement.
27
2.
a.
The
state
court
administrator
shall
consider
all
of
28
the
following
criteria
when
determining
whether
to
permit
a
29
contractual
limitation
of
vendor
liability
with
regard
to
any
30
procurement
of
goods
or
services:
31
(1)
Whether
authorizing
a
contractual
limitation
of
vendor
32
liability
is
necessary
to
prevent
harm
to
the
state
from
33
a
failure
to
obtain
the
goods
or
services
sought,
or
from
34
obtaining
the
goods
or
services
at
a
higher
price
if
the
state
35
-3-
LSB
1212XD
(6)
90
cm/ns
3/
10
S.F.
_____
H.F.
_____
refuses
to
allow
a
contractual
limitation
of
vendor
liability.
1
(2)
Whether
the
contractual
limitation
of
vendor
liability
2
is
commercially
reasonable
when
taking
into
account
any
risk
to
3
the
state
created
by
the
goods
or
services
to
be
procured
and
4
the
purpose
for
which
they
will
be
used.
5
b.
The
state
court
administrator
may
consider
additional
6
criteria.
7
3.
Notwithstanding
subsection
1,
a
contractual
limitation
8
of
vendor
liability
shall
not
include
any
limitation
on
the
9
liability
of
any
vendor
for
intentional
torts,
criminal
acts,
10
or
fraudulent
conduct.
11
DIVISION
IV
12
APPORTIONMENT
OF
DISTRICT
ASSOCIATE
JUDGES
13
Sec.
8.
Section
602.6301,
Code
2023,
is
amended
to
read
as
14
follows:
15
602.6301
Number
and
apportionment
of
district
associate
16
judges.
17
1.
There
shall
be
one
district
associate
judge
in
counties
18
having
a
population
of
more
than
thirty-five
thousand
and
less
19
than
eighty
thousand;
two
in
counties
having
a
population
of
20
eighty
thousand
or
more
and
less
than
one
hundred
twenty-five
21
thousand;
three
in
counties
having
a
population
of
one
22
hundred
twenty-five
thousand
or
more
and
less
than
one
hundred
23
seventy
thousand;
four
in
counties
having
a
population
of
one
24
hundred
seventy
thousand
or
more
and
less
than
two
hundred
25
fifteen
thousand;
five
in
counties
having
a
population
of
two
26
hundred
fifteen
thousand
or
more
and
less
than
two
hundred
27
sixty
thousand;
six
in
counties
having
a
population
of
two
28
hundred
sixty
thousand
or
more
and
less
than
three
hundred
29
five
thousand;
seven
in
counties
having
a
population
of
three
30
hundred
five
thousand
or
more
and
less
than
three
hundred
31
fifty
thousand;
eight
in
counties
having
a
population
of
three
32
hundred
fifty
thousand
or
more
and
less
than
three
hundred
33
ninety-five
thousand;
nine
in
counties
having
a
population
of
34
three
hundred
ninety-five
thousand
or
more
and
less
than
four
35
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1212XD
(6)
90
cm/ns
4/
10
S.F.
_____
H.F.
_____
hundred
forty
thousand;
ten
in
counties
having
a
population
of
1
four
hundred
forty
thousand
or
more
and
less
than
four
hundred
2
eighty-five
thousand;
and
one
additional
judge
for
every
3
population
increment
of
thirty-five
thousand
which
is
over
4
four
hundred
eighty-five
thousand
in
such
counties.
However,
5
a
county
shall
not
lose
a
district
associate
judgeship
solely
6
because
of
a
reduction
in
the
county’s
population.
If
the
7
formula
provided
in
this
section
results
in
the
allocation
8
of
an
additional
district
associate
judgeship
to
a
county,
9
implementation
of
the
allocation
shall
be
subject
to
prior
10
approval
of
the
supreme
court
and
availability
of
funds
to
the
11
judicial
branch.
The
supreme
court
shall
prescribe,
subject
12
to
the
restrictions
of
this
section,
a
formula
to
determine
13
the
number
of
district
associate
judges
who
will
serve
in
each
14
judicial
election
district.
The
formula
shall
be
based
upon
15
a
model
that
measures
and
applies
an
estimated
case-related
16
workload
formula
of
judicial
officers,
and
shall
account
for
17
administrative
duties,
travel
time,
and
other
judicial
duties
18
not
related
to
a
specific
case.
A
district
associate
judge
19
appointed
pursuant
to
section
602.6302
or
602.6307
shall
not
20
be
counted
for
purposes
of
this
section
and
the
reduction
of
21
a
district
associate
judge
pursuant
to
section
602.6303
also
22
shall
not
be
counted
for
purposes
of
this
section
.
23
2.
For
purposes
of
this
section,
“vacancy”
means
the
death,
24
resignation,
retirement,
or
removal
of
a
district
associate
25
judge,
or
the
failure
of
a
district
associate
judge
to
be
26
retained
in
office
at
the
judicial
election,
or
an
increase
in
27
judgeships
under
the
formula
prescribed
in
subsection
1.
28
3.
In
those
judicial
election
districts
having
more
29
district
associate
judges
than
the
number
of
judgeships
30
specified
by
the
formula
prescribed
in
subsection
1,
vacancies
31
shall
not
be
filled.
32
4.
In
those
judicial
election
districts
having
fewer
or
33
the
same
number
of
district
associate
judges
as
the
number
of
34
judgeships
specified
by
the
formula
prescribed
in
subsection
1,
35
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1212XD
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90
cm/ns
5/
10
S.F.
_____
H.F.
_____
vacancies
shall
be
filled
as
the
vacancies
occur.
1
5.
In
those
judicial
districts
that
contain
more
than
one
2
judicial
election
district,
a
vacancy
in
a
judicial
election
3
district
shall
not
be
filled
if
the
total
number
of
district
4
associate
judges
in
all
judicial
election
districts
within
5
the
judicial
district
equals
or
exceeds
the
aggregate
number
6
of
judgeships
to
which
all
of
the
judicial
election
districts
7
of
the
judicial
district
are
authorized
by
the
formula
in
8
subsection
1.
9
6.
An
incumbent
district
associate
judge
shall
not
be
10
removed
from
office
because
of
a
reduction
in
the
number
of
11
authorized
judgeships
specified
by
the
formula
prescribed
in
12
subsection
1.
13
DIVISION
V
14
REMOTE
TESTIMONY
AND
VIDEO
RECORDINGS
15
Sec.
9.
Section
602.3205,
Code
2023,
is
amended
to
read
as
16
follows:
17
602.3205
Audio
and
video
recordings.
18
1.
Except
as
provided
in
subsection
2
or
3
,
a
certified
19
shorthand
reporter’s
audio
and
video
recordings
used
solely
20
for
the
purpose
of
providing
a
verbatim
written
transcript
of
21
a
court
proceeding
or
a
proceeding
conducted
in
anticipation
22
of
use
in
a
court
proceeding
shall
be
considered
the
personal
23
property
and
private
work
product
of
the
certified
shorthand
24
reporter.
25
2.
An
audio
or
video
recording
of
a
certified
shorthand
26
reporter
appointed
under
section
602.6603
shall
be
provided
to
27
the
presiding
judge
or
chief
judge
for
an
in
camera
review
upon
28
court
order
for
good
cause
shown.
29
3.
a.
An
audio
or
video
recording
of
a
certified
shorthand
30
reporter
shall
be
provided
to
the
board
upon
request
by
the
31
board
if
a
disciplinary
proceeding
is
pending
regarding
the
32
certified
shorthand
reporter
who
is
a
respondent
under
the
33
provisions
of
section
602.3203
or
the
rules
of
the
board
of
34
examiners
of
shorthand
reporters,
Iowa
court
rules,
ch.
46
.
35
-6-
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1212XD
(6)
90
cm/ns
6/
10
S.F.
_____
H.F.
_____
b.
The
audio
and
video
recordings
provided
to
the
board
1
pursuant
to
this
subsection
shall
be
kept
confidential
by
the
2
board
in
a
manner
as
provided
in
section
272C.6,
subsection
4
.
3
Sec.
10.
Section
624.1,
subsection
1,
Code
2023,
is
amended
4
to
read
as
follows:
5
1.
All
issues
of
fact
in
ordinary
actions
shall
be
tried
6
upon
oral
evidence
taken
in
open
court,
except
that
depositions
7
may
be
used
as
provided
by
law.
“Open
court”
includes
remote
8
testimony
of
a
witness
by
telephone,
videoconference,
or
other
9
remote
means
of
communication
approved
by
the
court.
10
DIVISION
VI
11
ACCESS
TO
CRIMINAL
HISTORY
RECORDS
12
Sec.
11.
Section
692.2,
subsection
5,
Code
2023,
is
amended
13
to
read
as
follows:
14
5.
A
person
other
than
the
department
of
public
safety
15
shall
not
disseminate
criminal
history
data
maintained
by
the
16
department
to
persons
who
are
not
criminal
or
juvenile
justice
17
agencies
,
except
as
set
forth
in
section
692.3
.
18
Sec.
12.
Section
692.3,
subsection
3,
Code
2023,
is
amended
19
to
read
as
follows:
20
3.
The
information
described
in
this
section
subsections
21
1
and
2
may
be
redisseminated
through
any
written,
audio,
or
22
visual
means
utilized
by
a
criminal
or
juvenile
justice
agency.
23
Sec.
13.
Section
692.3,
Code
2023,
is
amended
by
adding
the
24
following
new
subsections:
25
NEW
SUBSECTION
.
4.
A
person
may
disseminate
criminal
26
history
data
of
an
accused
to
the
attorney
of
the
accused
and
27
to
self-represented
litigants
in
a
pending
criminal
matter
28
in
district
or
juvenile
court,
if
the
criminal
history
data
29
is
already
part
of
the
prosecution’s
file
and
subject
to
a
30
discovery
obligation.
31
NEW
SUBSECTION
.
5.
Upon
order
of
the
court,
a
person
may
32
disseminate
criminal
history
data
of
an
accused
that
is
not
33
already
part
of
the
prosecution’s
file,
or
criminal
history
34
data
of
a
witness,
to
the
attorney
of
the
accused,
prosecutors,
35
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and
to
self-represented
litigants
in
a
pending
criminal
matter
1
in
district
or
juvenile
court.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
relates
to
judicial
branch
administration.
6
PATIENT
ADVOCATES.
The
bill
removes
the
requirement
that
7
the
judicial
council
develop
and
promulgate
best
practices
for
8
court-assigned
advocates
of
persons
with
mental
illness.
Under
9
the
bill,
such
advocates
may
use
any
best
practices
for
their
10
duties.
11
JURORS
——
TAX
INFORMATION.
The
bill
authorizes
the
director
12
of
the
department
of
revenue
to
provide
certain
tax
information
13
to
the
state
court
administrator
to
be
used
to
prepare
grand
14
and
petit
master
jury
lists.
Tax
information
provided
includes
15
the
name,
date
of
birth,
last
four
digits
of
the
social
16
security
number,
and
address
of
the
taxpayer
and
spouse.
The
17
bill
prohibits
the
information
provided
from
including
the
18
financial
information
of
the
taxpayer.
19
The
bill
provides
that
prospective
juror
year
of
birth
20
and
city
and
zip
code
address
information
is
available
to
21
the
public
but
that
more
specific
address
information,
phone
22
numbers,
and
date
and
month
of
birth
are
confidential
and
are
23
not
subject
to
disclosure
without
an
order
of
the
court.
24
CONTRACTING
AUTHORITY.
The
bill
allows
the
state
court
25
administrator
to
enter
into
contracts
with
vendors
that
include
26
limitations
of
liability
for
the
vendors,
after
considering
27
certain
criteria
set
forth
in
the
bill.
However,
the
bill
28
prohibits
limitations
of
liability
for
any
intentional
torts,
29
criminal
acts,
or
fraudulent
conduct
by
the
vendor.
30
APPORTIONMENT
OF
DISTRICT
ASSOCIATE
JUDGES.
The
bill
31
provides
for
a
new
formula
to
be
prescribed
by
the
Iowa
supreme
32
court
for
apportioning
district
associate
judges
based
upon
33
a
weighted
workload.
Under
current
law,
district
associate
34
judges
are
apportioned
based
upon
county
population.
35
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H.F.
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The
bill
provides
that
in
judicial
election
districts
1
that
currently
have
more
district
associate
judges
than
the
2
new
formula
prescribes,
vacancies
shall
not
be
filled,
while
3
districts
having
fewer
or
the
same
shall
fill
vacancies
as
4
they
occur.
In
judicial
districts
that
contain
more
than
one
5
judicial
election
district,
a
vacancy
in
a
judicial
election
6
district
shall
not
be
filled
if
the
total
number
of
district
7
associate
judges
in
all
judicial
election
districts
within
8
the
judicial
district
equals
or
exceeds
the
aggregate
number
9
of
judgeships
to
which
all
of
the
judicial
election
districts
10
of
the
judicial
district
are
authorized.
Incumbents
shall
11
not
be
removed
because
of
a
reduction
in
number
of
authorized
12
judgeships.
13
REMOTE
TESTIMONY
AND
VIDEO
RECORDINGS.
The
bill
adds
video
14
recordings
to
Code
section
602.3205
(certified
shorthand
15
reporter
audio
recordings).
The
bill
provides
that
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,
except
that
an
audio
or
video
recording
of
a
22
certified
shorthand
reporter
shall
be
provided
to
the
presiding
23
judge
or
chief
judge
for
an
in
camera
review
upon
court
order
24
for
good
cause
shown
and
an
audio
or
video
recording
of
a
25
certified
shorthand
reporter
shall
be
provided
to
the
board
of
26
examiners
of
shorthand
reporters
upon
request
by
the
board
if
27
a
disciplinary
proceeding
is
pending
regarding
the
certified
28
shorthand
reporter.
29
For
purposes
of
oral
evidence
in
court
trials,
the
bill
30
defines
the
term
“open
court”
to
include
remote
testimony
of
a
31
witness
by
telephone,
videoconference,
or
other
remote
means
32
approved
by
the
court.
33
Under
current
law,
all
testimony
needs
to
be
taken
in
open
34
court,
except
for
depositions.
In
the
supreme
court
of
Iowa’s
35
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H.F.
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decision
in
In
re
Estate
of
Rutter,
633
N.W.2d
740
(Iowa
2001),
1
the
court
held
the
phrase
“in
open
court”
meant
physical
2
presence
in
the
courtroom
itself,
and
ruled
that
allowing
3
telephonic
testimony
over
objection
violated
the
statute.
4
ACCESS
TO
CRIMINAL
HISTORY
RECORDS.
The
bill
allows
5
criminal
history
data
of
an
accused
person
to
be
disseminated
6
to
the
attorney
of
the
accused
and
self-represented
litigants
7
without
a
court
order,
if
the
criminal
history
data
is
already
8
a
part
of
the
prosecution’s
file
and
is
subject
to
a
discovery
9
obligation.
The
bill
also
allows
criminal
history
data
of
an
10
accused
person,
or
of
a
witness,
to
be
disseminated
to
the
11
attorney
of
the
accused,
prosecutors,
and
self-represented
12
litigants
upon
court
order.
13
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LSB
1212XD
(6)
90
cm/ns
10/
10
