House File 2695 H-8354 Amend House File 2695 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 FY 2024-2025 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 2024, and ending June 30, 2025, 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, 2024; and maintenance, equipment, and 23 miscellaneous purposes: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $201,018,878 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,600,000 31 c. For payment of expenses for court-ordered services 32 provided to juveniles who are under the supervision of juvenile 33 court services, which expenses are a charge upon the state 34 pursuant to section 232.141, subsection 4: 35 -1- HF 2695.4398 (1) 90 cm/ns 1/ 8 #1.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,290,000 1 (1) Of the moneys appropriated in this lettered paragraph, 2 no more than $1,556,000 is allocated to provide school-based 3 supervision of children under chapter 232, of which no more 4 than $25,000 may be used for purposes of training. 5 (2) Notwithstanding section 232.141 or any other provision 6 of law to the contrary, the moneys appropriated in this 7 lettered paragraph shall be distributed to the judicial 8 districts as determined by the state court administrator. The 9 state court administrator shall make the determination of the 10 distribution amounts within thirty days of the date on which 11 the annual census data is released. 12 (3) Notwithstanding chapter 232 or any other provision of 13 law to the contrary, a district or juvenile court shall not 14 order any service which is a charge upon the state pursuant 15 to section 232.141 if there are insufficient court-ordered 16 services moneys available in the district court distribution 17 amounts to pay for the service. The chief juvenile court 18 officer shall encourage use of the moneys appropriated in this 19 lettered paragraph such that there are sufficient moneys to pay 20 for all court-ordered services during the entire fiscal year. 21 The chief juvenile court officer shall attempt to anticipate 22 potential surpluses and shortfalls in the distribution amounts 23 and shall cooperatively request the state court administrator 24 to transfer moneys between the judicial districts’ distribution 25 amounts as prudent. 26 (4) Notwithstanding any provision of law to the contrary, 27 a district or juvenile court shall not order a county to pay 28 for any service provided to a juvenile pursuant to an order 29 entered under chapter 232 which is a charge upon the state 30 under section 232.141, subsection 4. 31 (5) Of the moneys appropriated in this lettered paragraph, 32 no more than $83,000 may be used by the judicial branch 33 for administration of the requirements under this lettered 34 paragraph. 35 -2- HF 2695.4398 (1) 90 cm/ns 2/ 8
(6) Of the moneys appropriated in this lettered paragraph, 1 an amount not to exceed the actual cost of the annual 2 membership fee is allocated to the judicial branch to support 3 the interstate commission for juveniles in accordance with 4 the interstate compact for juveniles as provided in section 5 232.173. 6 (7) Notwithstanding section 8.33, moneys appropriated in 7 this lettered paragraph that remain unencumbered or unobligated 8 at the close of the fiscal year shall not revert but shall 9 remain available for expenditure for the purposes designated 10 until the close of the fiscal year that begins July 1, 2027. 11 d. For juvenile delinquent graduated sanctions services 12 pursuant to section 232.192: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,253,000 14 (1) Any state moneys saved as a result of efforts by 15 juvenile court services to earn a federal fund match pursuant 16 to Tit. IV-E of the federal Family First Prevention Services 17 Act of 2018, Pub. L. No. 115-123, for juvenile court services 18 administration is appropriated to the judicial branch for 19 purposes of this lettered paragraph. 20 (2) Notwithstanding section 8.33, moneys appropriated in 21 this lettered paragraph that remain unencumbered or unobligated 22 at the close of the fiscal year shall not revert but shall 23 remain available for expenditure for the purposes designated 24 until the close of the fiscal year that begins July 1, 2027. 25 2. The judicial branch, except for purposes of internal 26 processing, shall use the current state budget system, the 27 state payroll system, and the Iowa finance and accounting 28 system in administration of programs and payments for services, 29 and shall not duplicate the state payroll, accounting, and 30 budgeting systems. 31 3. The judicial branch shall submit monthly financial 32 statements to the legislative services agency and the 33 department of management containing all appropriated accounts 34 in the same manner as provided in the monthly financial status 35 -3- HF 2695.4398 (1) 90 cm/ns 3/ 8
reports and personal services usage reports of the department 1 of administrative services. The monthly financial statements 2 shall include a comparison of the dollars and percentage 3 spent of budgeted versus actual revenues and expenditures on 4 a cumulative basis for full-time equivalent positions and 5 dollars. 6 4. The judicial branch shall focus efforts upon the 7 collection of delinquent fines, penalties, court costs, fees, 8 surcharges, or similar amounts. 9 5. It is the intent of the general assembly that the offices 10 of the clerks of the district court operate in all 99 counties 11 and be accessible to the public as much as is reasonably 12 possible in order to address the relative needs of the citizens 13 of each county. An office of the clerk of the district court 14 shall be open regular courthouse hours. 15 6. In addition to the requirements for transfers under 16 section 8.39, the judicial branch shall not change the 17 appropriations from the amounts appropriated to the judicial 18 branch in this division of this Act, unless notice of the 19 revisions is given to the legislative services agency prior 20 to the effective date. The notice shall include information 21 on the judicial branch’s rationale for making the changes and 22 details concerning the workload and performance measures upon 23 which the changes are based. 24 7. The judicial branch shall submit a semiannual update to 25 the legislative services agency and department of management 26 specifying the amounts of fines, surcharges, and court costs 27 collected using the Iowa court information system since the 28 last report. The judicial branch shall continue to facilitate 29 the sharing of vital sentencing and other information with 30 other state departments and governmental agencies involved in 31 the criminal justice system through the Iowa court information 32 system. 33 8. The judicial branch shall provide a report to the general 34 assembly and department of management by January 1, 2025, 35 -4- HF 2695.4398 (1) 90 cm/ns 4/ 8
concerning the amounts received and expended from the court 1 technology and modernization fund created in section 602.8108, 2 subsection 7, during the fiscal year beginning July 1, 2023, 3 and ending June 30, 2024, and the plans for expenditures from 4 each fund during the fiscal year beginning July 1, 2024, and 5 ending June 30, 2025. 6 Sec. 2. CIVIL TRIALS —— LOCATION. Notwithstanding any 7 provision to the contrary, for the fiscal year beginning July 8 1, 2024, and ending June 30, 2025, if all parties in a case 9 agree, a civil trial including a jury trial may take place in a 10 county contiguous to the county with proper jurisdiction, even 11 if the contiguous county is located in an adjacent judicial 12 district or judicial election district. If the trial is moved 13 pursuant to this section, court personnel shall treat the case 14 as if a change of venue occurred. 15 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section 16 602.1509, for the fiscal year beginning July 1, 2024, and 17 ending June 30, 2025, a judicial officer may waive travel 18 reimbursement for any travel outside the judicial officer’s 19 county of residence to conduct official judicial business. 20 Sec. 4. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 21 the annual salary rates for judicial officers established by 22 this division of this Act for the fiscal year beginning July 23 1, 2024, and ending June 30, 2025, the supreme court may by 24 order place all judicial officers on unpaid leave status on any 25 day employees of the judicial branch are placed on temporary 26 layoff status. The biweekly pay of the judicial officers shall 27 be reduced accordingly for the pay period in which the unpaid 28 leave date occurred in the same manner as for noncontract 29 employees of the judicial branch. Through the course of the 30 fiscal year, the judicial branch may use an amount equal to 31 the aggregate amount of salary reductions due to the judicial 32 officer unpaid leave days for any purpose other than for 33 judicial salaries. 34 Sec. 5. IOWA COMMUNICATIONS NETWORK. It is the intent 35 -5- HF 2695.4398 (1) 90 cm/ns 5/ 8
of the general assembly that the judicial branch utilize 1 the Iowa communications network or other secure electronic 2 communications in lieu of traveling for the fiscal year 3 beginning July 1, 2024, and ending June 30, 2025. 4 Sec. 6. SALARIES —— STATE COURT JUSTICES, JUDGES, AND 5 MAGISTRATES. 6 1. The salary rates specified in subsection 2 are for the 7 fiscal year beginning July 1, 2024, effective for the pay 8 period beginning June 21, 2024, and for subsequent fiscal 9 years until otherwise provided by the general assembly. The 10 salaries provided for in this section shall be paid from moneys 11 appropriated to the judicial branch pursuant to this division 12 of this Act or any other Act of the general assembly. 13 2. The following annual salary rates shall be paid to the 14 persons holding the judicial positions indicated during the 15 fiscal year beginning July 1, 2024, effective with the pay 16 period beginning June 21, 2024, and for subsequent pay periods: 17 a. Chief justice of the supreme court: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 205,911 19 b. Each justice of the supreme court: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 196,692 21 c. Chief judge of the court of appeals: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 184,400 23 d. Each associate judge of the court of appeals: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 178,253 25 e. Each chief judge of a judicial district: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 172,106 27 f. Each district judge except the chief judge of a judicial 28 district: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 165,959 30 g. Each district associate judge: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 147,520 32 h. Each associate juvenile judge: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 147,520 34 i. Each associate probate judge: 35 -6- HF 2695.4398 (1) 90 cm/ns 6/ 8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 147,520 1 j. Each judicial magistrate: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 45,484 3 k. Each senior judge: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,834 5 3. Persons receiving salary rates established under this 6 section shall not receive any additional salary adjustments 7 provided by this division of this Act or any other Act of the 8 general assembly. 9 Sec. 7. EFFECTIVE DATE. The section of this division of 10 this Act enacting salaries for state court justices, judges, 11 and magistrates takes effect June 21, 2024. 12 DIVISION II 13 JUDICIAL RETIREMENT FUND 14 Sec. 8. Section 602.9104, Code 2024, is amended by adding 15 the following new subsection: 16 NEW SUBSECTION . 3A. Any change to the required contribution 17 rate shall be shared between judges and the state in the same 18 proportion as the required contribution rate. 19 Sec. 9. Section 602.9104, subsection 4, Code 2024, is 20 amended to read as follows: 21 4. As used in this section , unless the context otherwise 22 requires: 23 a. “Actuarial valuation” means an actuarial valuation of the 24 judicial retirement system or an annual actuarial update of an 25 actuarial valuation, as required pursuant to section 602.9116 . 26 b. “Fully funded status” means that the most recent 27 actuarial valuation reflects that the funded status of the 28 system is at least one hundred percent, based upon the benefits 29 provided for judges through the judicial retirement system as 30 of July 1, 2006. 31 c. “Judge’s required contribution” means an amount equal 32 to the basic salary of the judge multiplied by the following 33 applicable percentage: 34 (1) For the fiscal year beginning July 1, 2008, and ending 35 -7- HF 2695.4398 (1) 90 cm/ns 7/ 8
June 30, 2009, seven and seven-tenths percent. 1 (2) For the fiscal year beginning July 1, 2009, and ending 2 June 30, 2010, eight and seven-tenths percent. 3 (3) For the fiscal year beginning July 1, 2010, and for each 4 subsequent fiscal year until the system attains fully funded 5 status, nine and thirty-five hundredths percent. 6 (4) Commencing with the first fiscal year in which the 7 system attains fully funded status, and for each subsequent 8 fiscal year, the percentage rate equal to forty percent of the 9 required contribution percentage rate equal to thirty-five 10 percent of the required contribution rate . 11 d. b. “Required contribution rate” means that percentage 12 of the basic salary of all judges covered under this article 13 equal to the actuarially required contribution rate determined 14 by the actuary pursuant to section 602.9116 . The required 15 contribution rate shall not vary by more than one percentage 16 point from the required contribution rate for the prior fiscal 17 year. 18 e. c. “State’s required contribution” means an amount equal 19 to the basic salary of all judges covered under this article 20 multiplied by the following applicable percentage: 21 (1) For the fiscal year beginning July 1, 2008, and for each 22 subsequent fiscal year until the system attains fully funded 23 status, thirty and six-tenths percent. 24 (2) Commencing with the first fiscal year in which the 25 system attains fully funded status, and for each subsequent 26 fiscal year, the percentage rate equal to sixty percent of 27 the required contribution percentage rate equal to sixty-five 28 percent of the required contribution rate . > 29 2. Title page, line 2, after < branch, > by inserting 30 < including by modifying the judicial retirement fund, > 31 ______________________________ LOHSE of Polk -8- HF 2695.4398 (1) 90 cm/ns 8/ 8 #2.