Bill Summary – FastDemocracy

Senate Study Bill 3203 - Introduced
                                  SENATE FILE _____
                                  BY (PROPOSED COMMITTEE ON
                                      APPROPRIATIONS BILL BY
                                      CHAIRPERSON KRAAYENBRINK)
                            A BILL FOR
An Act relating to and making appropriations to the judicial
  branch, including by modifying the judicial retirement fund
  and membership of district judicial nominating commissions,
  and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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                             DIVISION I
                    FY 2024-2025 APPROPRIATIONS
    Section 1. JUDICIAL BRANCH.
    1. There is appropriated from the general fund of the state
 to the judicial branch for the fiscal year beginning July 1,
 2024, and ending June 30, 2025, the following amounts, or so
 much thereof as is necessary, to be used for the purposes
 designated:
    a. For salaries of supreme court justices, appellate court
 judges, district court judges, district associate judges,
 associate juvenile judges, associate probate judges, judicial
 magistrates and staff, state court administrator, clerk of
 the supreme court, district court administrators, clerks of
 the district court, juvenile court officers, board of law
 examiners, board of examiners of shorthand reporters, and
 commission on judicial qualifications; receipt and disbursement
 of child support payments; reimbursement of the auditor
 of state for expenses incurred in completing audits of the
 offices of the clerks of the district court during the fiscal
 year beginning July 1, 2024; and maintenance, equipment, and
 miscellaneous purposes:
 .................................................. $197,009,531
    Of the moneys appropriated in this lettered paragraph,
 no more than $250,000 is allocated for reimbursement to the
 indigent defense fund created in section 815.11 for travel time
 claims as required under section 815.7A, subsection 2.
    b. For deposit in the revolving fund created pursuant to
 section 602.1302, subsection 3, for jury and witness fees,
 mileage, costs related to summoning jurors, costs and fees for
 interpreters and translators, and reimbursement of attorney
 fees paid by the state public defender:
 .................................................. $ 3,600,000
    c. For payment of expenses for court-ordered services
 provided to juveniles who are under the supervision of juvenile
 court services, which expenses are a charge upon the state
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 pursuant to section 232.141, subsection 4:
 .................................................. $ 3,290,000
    (1) Of the moneys appropriated in this lettered paragraph,
 no more than $1,556,000 is allocated to provide school-based
 supervision of children under chapter 232, of which no more
 than $15,000 may be used for purposes of training. A portion
 of the cost of each school-based liaison officer shall be paid
 by the school district or other funding source as approved by
 the chief juvenile court officer.
    (2) Of the moneys appropriated in this lettered paragraph,
 no more than $748,000 is allocated for the payment of expenses
 for court-ordered services provided to children who are under
 the supervision of the department of health and human services,
 which expenses are a charge upon the state pursuant to section
 232.141, subsection 4.
    (3) Notwithstanding section 232.141 or any other provision
 of law to the contrary, the moneys appropriated in this
 lettered paragraph shall be distributed to the judicial
 districts as determined by the state court administrator. The
 state court administrator shall make the determination of the
 distribution amounts on or before June 15, 2024.
    (4) Notwithstanding chapter 232 or any other provision of
 law to the contrary, a district or juvenile court shall not
 order any service which is a charge upon the state pursuant
 to section 232.141 if there are insufficient court-ordered
 services moneys available in the district court distribution
 amounts to pay for the service. The chief juvenile court
 officer shall encourage use of the moneys appropriated in this
 lettered paragraph such that there are sufficient moneys to pay
 for all court-ordered services during the entire fiscal year.
 The chief juvenile court officer shall attempt to anticipate
 potential surpluses and shortfalls in the distribution amounts
 and shall cooperatively request the state court administrator
 to transfer moneys between the judicial districts’ distribution
 amounts as prudent.
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    (5) Notwithstanding any provision of law to the contrary,
 a district or juvenile court shall not order a county to pay
 for any service provided to a juvenile pursuant to an order
 entered under chapter 232 which is a charge upon the state
 under section 232.141, subsection 4.
    (6) Of the moneys appropriated in this lettered paragraph,
 no more than $83,000 may be used by the judicial branch
 for administration of the requirements under this lettered
 paragraph.
    (7) Of the moneys appropriated in this lettered paragraph,
 $23,000 is allocated to the judicial branch to support the
 interstate commission for juveniles in accordance with the
 interstate compact for juveniles as provided in section
 232.173.
    d. For juvenile delinquent graduated sanctions services
 pursuant to section 232.192:
 .................................................. $ 12,253,000
    Any state moneys saved as a result of efforts by juvenile
 court services to earn a federal fund match pursuant to Tit.
 IV-E of the federal Family First Prevention Services Act
 of 2018, Pub. L. No. 115-123, for juvenile court services
 administration is appropriated to the judicial branch for
 purposes of this lettered paragraph.
    2. The judicial branch, except for purposes of internal
 processing, shall use the current state budget system, the
 state payroll system, and the Iowa finance and accounting
 system in administration of programs and payments for services,
 and shall not duplicate the state payroll, accounting, and
 budgeting systems.
    3. The judicial branch shall submit monthly financial
 statements to the legislative services agency and the
 department of management containing all appropriated accounts
 in the same manner as provided in the monthly financial status
 reports and personal services usage reports of the department
 of administrative services. The monthly financial statements
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 shall include a comparison of the dollars and percentage
 spent of budgeted versus actual revenues and expenditures on
 a cumulative basis for full-time equivalent positions and
 dollars.
    4. The judicial branch shall focus efforts upon the
 collection of delinquent fines, penalties, court costs, fees,
 surcharges, or similar amounts.
    5. It is the intent of the general assembly that the offices
 of the clerks of the district court operate in all 99 counties
 and be accessible to the public as much as is reasonably
 possible in order to address the relative needs of the citizens
 of each county. An office of the clerk of the district court
 shall be open regular courthouse hours.
    6. In addition to the requirements for transfers under
 section 8.39, the judicial branch shall not change the
 appropriations from the amounts appropriated to the judicial
 branch in this division of this Act, unless notice of the
 revisions is given to the legislative services agency prior
 to the effective date. The notice shall include information
 on the judicial branch’s rationale for making the changes and
 details concerning the workload and performance measures upon
 which the changes are based.
    7. The judicial branch shall submit a semiannual update
 to the legislative services agency specifying the amounts of
 fines, surcharges, and court costs collected using the Iowa
 court information system since the last report. The judicial
 branch shall continue to facilitate the sharing of vital
 sentencing and other information with other state departments
 and governmental agencies involved in the criminal justice
 system through the Iowa court information system.
    8. The judicial branch shall provide a report to the general
 assembly by January 1, 2025, concerning the amounts received
 and expended from the court technology and modernization fund
 created in section 602.8108, subsection 7, during the fiscal
 year beginning July 1, 2023, and ending June 30, 2024, and the
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 plans for expenditures from each fund during the fiscal year
 beginning July 1, 2024, and ending June 30, 2025.
    Sec. 2. CIVIL TRIALS —— LOCATION. Notwithstanding any
 provision to the contrary, for the fiscal year beginning July
 1, 2024, and ending June 30, 2025, if all parties in a case
 agree, a civil trial including a jury trial may take place in a
 county contiguous to the county with proper jurisdiction, even
 if the contiguous county is located in an adjacent judicial
 district or judicial election district. If the trial is moved
 pursuant to this section, court personnel shall treat the case
 as if a change of venue occurred.
    Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section
 602.1509, for the fiscal year beginning July 1, 2024, and
 ending June 30, 2025, a judicial officer may waive travel
 reimbursement for any travel outside the judicial officer’s
 county of residence to conduct official judicial business.
    Sec. 4. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding
 the annual salary rates for judicial officers established by
 this division of this Act, for the fiscal year beginning July
 1, 2024, and ending June 30, 2025, the supreme court may by
 order place all judicial officers on unpaid leave status on any
 day employees of the judicial branch are placed on temporary
 layoff status. The biweekly pay of the judicial officers shall
 be reduced accordingly for the pay period in which the unpaid
 leave date occurred in the same manner as for noncontract
 employees of the judicial branch. Through the course of the
 fiscal year, the judicial branch may use an amount equal to
 the aggregate amount of salary reductions due to the judicial
 officer unpaid leave days for any purpose other than for
 judicial salaries.
    Sec. 5. IOWA COMMUNICATIONS NETWORK. It is the intent
 of the general assembly that the judicial branch utilize
 the Iowa communications network or other secure electronic
 communications in lieu of traveling for the fiscal year
 beginning July 1, 2024, and ending June 30, 2025.
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    Sec. 6. SALARIES —— STATE COURT JUSTICES, JUDGES, AND
 MAGISTRATES.
    1. The salary rates specified in subsection 2 are for the
 fiscal year beginning July 1, 2024, effective for the pay
 period beginning June 21, 2024, and for subsequent fiscal
 years until otherwise provided by the general assembly. The
 salaries provided for in this section shall be paid from moneys
 appropriated to the judicial branch pursuant to this division
 of this Act or any other Act of the general assembly.
    2. The following annual salary rates shall be paid to the
 persons holding the judicial positions indicated during the
 fiscal year beginning July 1, 2024, effective with the pay
 period beginning June 21, 2024, and for subsequent pay periods:
    a. Chief justice of the supreme court:
 .................................................. $     200,034
    b. Each justice of the supreme court:
 .................................................. $     191,069
    c. Chief judge of the court of appeals:
 .................................................. $     179,130
    d. Each associate judge of the court of appeals:
 .................................................. $     173,160
    e. Each chief judge of a judicial district:
 .................................................. $     167,190
    f. Each district judge except the chief judge of a judicial
 district:
 .................................................. $     161,221
    g. Each district associate judge:
 .................................................. $     143,312
    h. Each associate juvenile judge:
 .................................................. $     143,312
    i. Each associate probate judge:
 .................................................. $     143,312
    j. Each judicial magistrate:
 .................................................. $      44,179
    k. Each senior judge:
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 .................................................. $       9,547
    3. Persons receiving salary rates established under this
 section shall not receive any additional salary adjustments
 provided by this division of this Act or any other Act of the
 general assembly.
    Sec. 7. EFFECTIVE DATE. The section of this division of
 this Act enacting salaries for state court justices, judges,
 and magistrates takes effect June 21, 2024.
                           DIVISION II
                     JUDICIAL RETIREMENT FUND
    Sec. 8. Section 602.9104, subsection 4, Code 2024, is
 amended to read as follows:
    4. As used in this section, unless the context otherwise
 requires:
    a. “Actuarial valuation” means an actuarial valuation of the
 judicial retirement system or an annual actuarial update of an
 actuarial valuation, as required pursuant to section 602.9116.
    b. “Fully funded status” means that the most recent
 actuarial valuation reflects that the funded status of the
 system is at least one hundred percent, based upon the benefits
 provided for judges through the judicial retirement system as
 of July 1, 2006.
    c. “Judge’s required contribution” means an amount equal
 to the basic salary of the judge multiplied by the following
 applicable percentage:
    (1) For the fiscal year beginning July 1, 2008, and ending
 June 30, 2009, seven and seven-tenths percent.
    (2) For the fiscal year beginning July 1, 2009, and ending
 June 30, 2010, eight and seven-tenths percent.
    (3) For the fiscal year beginning July 1, 2010, and for each
 subsequent fiscal year until the system attains fully funded
 status, nine and thirty-five hundredths percent.
    (4) Commencing with the first fiscal year in which the
 system attains fully funded status, and for each subsequent
 fiscal year, the percentage rate equal to forty percent of the
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 required contribution percentage rate equal to thirty-five
 percent of the required contribution rate.
    d. b. “Required contribution rate” means that percentage
 of the basic salary of all judges covered under this article
 equal to the actuarially required contribution rate determined
 by the actuary pursuant to section 602.9116. The required
 contribution rate shall not vary by more than one percentage
 point from the required contribution rate for the prior fiscal
 year.
    e. c. “State’s required contribution” means an amount equal
 to the basic salary of all judges covered under this article
 multiplied by the following applicable percentage:
    (1) For the fiscal year beginning July 1, 2008, and for each
 subsequent fiscal year until the system attains fully funded
 status, thirty and six-tenths percent.
    (2) Commencing with the first fiscal year in which the
 system attains fully funded status, and for each subsequent
 fiscal year, the percentage rate equal to sixty percent of
 the required contribution percentage rate equal to sixty-five
 percent of the required contribution rate.
                           DIVISION III
             DISTRICT JUDICIAL NOMINATING COMMISSIONS
    Sec. 9. Section 46.3, subsection 1, Code 2024, is amended
 to read as follows:
    1. The governor shall appoint five six eligible electors
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