Senate File 616 H-1254 Amend Senate File 616, as passed by the Senate, as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 FY 2019-2020 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 2019, and ending June 30, 2020, 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, 2019; and maintenance, equipment, and miscellaneous 23 purposes: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $182,390,991 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- SF616.1930 (2) 88 asf/tm 1/ 7 #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 to the legislative services agency prior 25 to the effective date. The notice shall include information 26 on the branch’s rationale for making the changes and details 27 concerning the workload and performance measures upon which the 28 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- SF616.1930 (2) 88 asf/tm 2/ 7
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, 2020, 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, 2018, and ending June 30, 2019, 8 and the plans for expenditures from each fund during the fiscal 9 year beginning July 1, 2019, and ending June 30, 2020. A copy 10 of the report shall be provided to the legislative services 11 agency. 12 Sec. 2. CIVIL TRIALS —— LOCATION. Notwithstanding any 13 provision to the contrary, for the fiscal year beginning July 14 1, 2019, and ending June 30, 2020, 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. However, if a trial is moved 21 to an adjacent judicial district or judicial election district, 22 the judicial officers serving in the judicial district or 23 judicial election district receiving the case shall preside 24 over the case. 25 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section 26 602.1509, for the fiscal year beginning July 1, 2019, and 27 ending June 30, 2020, a judicial officer may waive travel 28 reimbursement for any travel outside the judicial officer’s 29 county of residence to conduct official judicial business. 30 Sec. 4. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 31 the annual salary rates for judicial officers established by 32 2013 Iowa Acts, chapter 140, section 40, for the fiscal year 33 beginning July 1, 2019, and ending June 30, 2020, the supreme 34 court may by order place all judicial officers on unpaid leave 35 -3- SF616.1930 (2) 88 asf/tm 3/ 7
status on any day employees of the judicial branch are placed 1 on temporary layoff status. The biweekly pay of the judicial 2 officers shall be reduced accordingly for the pay period in 3 which the unpaid leave date occurred in the same manner as 4 for noncontract employees of the judicial branch. Through 5 the course of the fiscal year, the judicial branch may use an 6 amount equal to the aggregate amount of salary reductions due 7 to the judicial officer unpaid leave days for any purpose other 8 than for judicial salaries. 9 Sec. 5. IOWA COMMUNICATIONS NETWORK. It is the intent 10 of the general assembly that the judicial branch utilize 11 the Iowa communications network or other secure electronic 12 communications in lieu of traveling for the fiscal year 13 beginning July 1, 2019, and ending June 30, 2020. 14 DIVISION II 15 JUDICIAL SALARIES 16 Sec. 6. Section 602.1501, Code 2019, is amended to read as 17 follows: 18 602.1501 Judicial salaries. 19 1. a. The following persons shall receive the salary set 20 by the general assembly: 21 (1) The chief justice and each justice of the supreme court 22 shall receive the salary set by the general assembly . 23 2. (2) The chief judge and each judge of the court of 24 appeals shall receive the salary set by the general assembly . 25 3. (3) The chief judge of each judicial district and each 26 district judge shall receive the salary set by the general 27 assembly . 28 4. (4) District associate judges shall receive the salary 29 set by the general assembly . 30 5. (5) Full-time associate juvenile judges and full-time 31 associate probate judges shall receive the salary set by the 32 general assembly . 33 6. b. Magistrates Subject to section 602.6402, magistrates 34 shall receive the salary set by the general assembly , subject 35 -4- SF616.1930 (2) 88 asf/tm 4/ 7
to section 602.6402 . 1 2. For the fiscal year beginning July 1, 2019, and ending 2 June 30, 2020, and each subsequent fiscal year, the supreme 3 court may increase the annual salary rates set pursuant 4 to subsection 1 by an amount not to exceed two percent of 5 the salary rate established for each judicial position in 6 subsection 1. Persons receiving salary rate adjustments under 7 this section shall not receive any additional salary adjustment 8 other than those provided by this subsection, unless authorized 9 by the general assembly. 10 DIVISION III 11 LEARNING CENTER MUSEUM 12 Sec. 7. NEW SECTION . 602.1615 Learning center museum 13 corporation. 14 1. The judicial branch may establish the learning center 15 museum corporation as a nonprofit corporation organized under 16 chapter 504 and qualifying under section 501(c)(3) of the 17 Internal Revenue Code as an organization exempt from taxation. 18 Unless otherwise provided in this section, this corporation 19 is subject to the provisions of chapter 504. The corporation 20 shall be established for the purpose of soliciting funds and 21 accepting donations, gifts, and bequests and disbursing those 22 funds for an interactive museum of legal history within the 23 judicial branch building. 24 2. If the learning center museum corporation is established 25 in subsection 1, the corporation shall collaborate with 26 the judicial branch as described in this section, but the 27 corporation shall not be considered, in whole or in part, an 28 agency, department, or administrative unit of the state. 29 a. The corporation shall not receive appropriations from the 30 state. 31 b. The corporation shall not be required to reimburse the 32 state for the cost of utilities consumed operating the learning 33 center museum in the judicial branch building. 34 c. The corporation shall not be required to comply with 35 -5- SF616.1930 (2) 88 asf/tm 5/ 7
any requirements that apply to a state agency, department, or 1 administrative unit and shall not exercise any sovereign power 2 of the state. 3 d. The corporation does not have authority to pledge the 4 credit of the state, and the state shall not be liable for 5 the debts or obligations of the corporation. All debts and 6 obligations of the corporation shall be payable solely from the 7 corporation’s funds. 8 3. If the learning center museum corporation is established 9 in subsection 1, the corporation shall be established so that 10 donations and bequests to it qualify as tax deductible under 11 state income tax laws and under section 501(c)(3) of the 12 Internal Revenue Code. 13 4. If the learning center museum corporation is established 14 in subsection 1, the articles of the corporation shall provide 15 for its governance and its efficient management. In providing 16 for its governance, the articles of the corporation shall 17 address the following: 18 a. A board of directors to govern the corporation. 19 (1) The board of directors shall initially be comprised 20 of seven members appointed by the chief justice to concurrent 21 terms of four years. Two of such members shall be subject to 22 confirmation by the senate. 23 (2) For appointments subsequent to the initial appointments 24 pursuant to subparagraph (1), two of the members shall be 25 appointed by the chief justice, subject to confirmation by 26 the senate, to staggered terms of four years each, and the 27 remaining five members shall be selected by a majority vote of 28 the board of directors of the corporation for terms the length 29 of which shall be provided in the articles of the corporation. 30 (3) The chief justice and the board of directors of the 31 corporation shall not appoint or select any person who is 32 either the spouse or a relative within the first degree of 33 consanguinity of a serving member of the board of directors or 34 of the supreme court. 35 -6- SF616.1930 (2) 88 asf/tm 6/ 7
b. The appointment of a chief executive officer by the board 1 to manage the corporation’s daily operations. 2 c. The delegation of such powers and responsibilities 3 to the chief executive officer as may be necessary for the 4 corporation’s efficient operation. 5 d. The employment of personnel necessary for the efficient 6 performance of the duties assigned to the corporation. All 7 such personnel shall be considered employees of a private, 8 nonprofit corporation and shall be exempt from the personnel 9 requirements imposed on state agencies, departments, and 10 administrative units. 11 e. The financial operations of the corporation including the 12 authority to receive and expend funds from public and private 13 sources and to use its property, money, or other resources for 14 the purpose of the corporation. 15 5. If the learning center museum is established, the board 16 of directors of the corporation and the chief executive officer 17 shall act to ensure all of the following: 18 a. That the corporation reviews and, at the board’s 19 direction, implements the applicable portions of the strategic 20 plan developed by the judicial branch. 21 b. That the corporation prepares an annual budget that 22 includes funding levels for the corporation’s activities and 23 that shows sufficient moneys are available to support those 24 activities. 25 c. That the corporation annually completes and files an 26 information return as described in section 422.15 and that the 27 information return is submitted to the general assembly. > 28 ______________________________ COMMITTEE ON APPROPRIATIONS GRASSLEY of Butler, Chairperson -7- SF616.1930 (2) 88 asf/tm 7/ 7