Senate Study Bill 1050 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED JUDICIAL BRANCH BILL) A BILL FOR An Act relating to salaries and apportionment of judicial 1 officers and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1293XD (5) 87 jm/rj
S.F. _____ H.F. _____ Section 1. Section 602.1401, subsection 1, Code 2017, is 1 amended to read as follows: 2 1. a. The supreme court shall establish, and may amend, 3 a personnel system and a pay and benefits plan for judicial 4 officers, senior judges, and court employees. The personnel 5 system shall include a designation by position title, 6 classification, and function of each position or class of 7 positions within the judicial branch. Reasonable efforts 8 shall be made to accommodate the individual staffing and 9 management practices of the respective clerks of the district 10 court. The personnel system, in the employment of court 11 employees, shall not discriminate on the basis of race, creed, 12 color, sex, national origin, religion, physical disability, or 13 political party preference. The supreme court, in establishing 14 the personnel system, shall implement the comparable worth 15 directives issued by the state court administrator under 16 section 602.1204, subsection 2 . The personnel system 17 shall include the prohibitions against sexual harassment of 18 full-time, part-time, and temporary employees set out in 19 section 19B.12 , and shall include a grievance procedure for 20 discriminatory harassment. The personnel system shall develop 21 and distribute at the time of hiring or orientation, a guide 22 that describes for employees the applicable sexual harassment 23 prohibitions and grievance, violation, and disposition 24 procedures. This subsection does not supersede the remedies 25 provided under chapter 216 . 26 b. This subsection shall be construed to require the 27 public disclosure of the salaries of court employees, judicial 28 officers, and senior judges, and of any adjustments to judicial 29 officer and senior judge salaries made pursuant to section 30 602.1501. 31 c. This subsection shall not be construed to allow the 32 supreme court to set salaries for judicial officers and senior 33 judges. 34 Sec. 2. Section 602.1501, Code 2017, is amended by striking 35 -1- LSB 1293XD (5) 87 jm/rj 1/ 5
S.F. _____ H.F. _____ the section and inserting in lieu thereof the following: 1 602.1501 Judicial salaries. 2 The salaries of all judicial officers and senior judges 3 as defined in section 602.1101 shall be set in accordance 4 with this section and with the judicial branch personnel 5 system pursuant to section 602.1401 and paid from the general 6 operating moneys appropriated to the judicial branch. To 7 the extent moneys are available, all judicial officer and 8 senior judge salaries shall be increased in each fiscal year 9 by an amount equal to the across-the-board percentage increase 10 received by executive branch noncontract state employees. A 11 salary increase shall be made a public record through an order 12 from the supreme court not less than thirty days prior to the 13 effective date of the increase. A salary increase shall not 14 take effect in a fiscal year until the general operating moneys 15 for the judicial branch have been appropriated for the fiscal 16 year. 17 Sec. 3. Section 602.6201, subsections 5, 6, 7, and 10, Code 18 2017, are amended by striking the subsections. 19 Sec. 4. Section 602.6301, Code 2017, is amended by striking 20 the section and inserting in lieu thereof the following: 21 602.6301 Number and apportionment of district associate 22 judges. 23 The supreme court shall prescribe, subject to the 24 restrictions of this section, a formula to determine the 25 number of district associate judges serving in each judicial 26 election district. The formula shall be based on a model that 27 measures and applies an estimated case-related workload formula 28 of judicial officers, and shall account for administrative 29 duties, travel time, and other judicial duties not related to a 30 specific case. 31 Sec. 5. Section 602.6401, subsection 1, Code 2017, is 32 amended to read as follows: 33 1. a. Two hundred six magistrates Magistrates shall be 34 apportioned among the counties as provided in this section . 35 -2- LSB 1293XD (5) 87 jm/rj 2/ 5
S.F. _____ H.F. _____ Magistrates appointed pursuant to section 602.6303 or 602.6402 1 shall not be counted for purposes of this section . 2 b. This subsection does not authorize the judicial branch to 3 reduce the number of apportioned magistrates for the purpose 4 of making moneys available for salary increases for judicial 5 officers and senior judges as provided in section 602.1501. 6 Sec. 6. Section 602.9104, subsection 1, paragraph a, Code 7 2017, is amended to read as follows: 8 a. A judge to whom this article applies shall be paid an 9 amount equal to the basic salary of the judge as set by the 10 general assembly under section 602.1501 reduced by an amount 11 designated as the judge’s required contribution to the judicial 12 retirement fund. The amount designated as the judge’s required 13 contribution shall be paid by the state in the manner provided 14 in subsection 2 . 15 Sec. 7. Section 602.9204, subsection 1, paragraph a, Code 16 2017, is amended by striking the paragraph. 17 Sec. 8. 2008 Iowa Acts, chapter 1191, section 14, subsection 18 7, as amended by 2010 Iowa Acts, chapter 1193, section 26, is 19 amended to read as follows: 20 7. The following are range 7 positions: administrator 21 of the public broadcasting division of the department of 22 education, director of the department of corrections, director 23 of the department of education, director of human services, 24 director of the department of economic development, executive 25 director of the Iowa telecommunications and technology 26 commission, executive director of the state board of regents, 27 director of transportation, director of the department of 28 workforce development, director of revenue, director of 29 public health, state court administrator, director of the 30 department of management, chief information officer, state debt 31 coordinator, and director of the department of administrative 32 services. 33 Sec. 9. REPEAL. 2013 Iowa Acts, chapter 140, section 40, 34 is repealed. 35 -3- LSB 1293XD (5) 87 jm/rj 3/ 5
S.F. _____ H.F. _____ Sec. 10. EFFECTIVE DATE. The following provision or 1 provisions of this Act take effect July 1, 2018: 2 1. The section of this Act amending section 602.1401. 3 2. The section of this Act amending section 602.1501. 4 3. The section of this Act amending section 602.9104. 5 4. The section of this Act amending section 602.9204, 6 subsection 1, paragraph “a”. 7 5. The section of this Act repealing 2013 Iowa Acts, chapter 8 140, section 40. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to salaries and apportionment of judicial 13 officers. 14 The amendment to Code section 602.1401 places judicial 15 officers and senior judges in the personnel system maintained 16 by the judicial branch for court employees. The bill specifies 17 that the salaries of court employees, judicial officers, and 18 senior judges shall be publicly disclosed, and specifies that 19 the salaries of judicial officers and senior judges shall not 20 be set by the supreme court. This provision takes effect July 21 1, 2018. 22 Currently, the general assembly sets the salaries for 23 judicial officers and senior judges in session law. The 24 amendment to Code section 602.1501 provides that the salaries 25 of judicial officers and senior judges shall be increased each 26 fiscal year, to the extent moneys are available, by an amount 27 equal to the across-the-board percentage increase received by 28 executive branch noncontract state employees. The bill further 29 provides that any salary increase shall not take effect in a 30 fiscal year until the general operating moneys for the judicial 31 branch have been appropriated for the fiscal year. This 32 provision takes effect July 1, 2018. 33 Currently, the supreme court prescribes a formula to 34 determine the number of district judges who will serve in a 35 -4- LSB 1293XD (5) 87 jm/rj 4/ 5
S.F. _____ H.F. _____ district, subject to certain restrictions. The bill eliminates 1 four such restrictions relating to the filling of vacancies 2 including a restriction that the number of district judges 3 shall not exceed 116. 4 Currently, the number and apportionment of district 5 associate judges is based on county population. The bill 6 requires the supreme court to prescribe a formula determining 7 the number of district associate judges serving in each 8 judicial election district based on a model that measures and 9 applies an estimated case-related workload formula of judicial 10 officers and that accounts for administrative duties, travel 11 time, and other judicial duties. 12 Currently, 206 magistrates are required to be apportioned 13 among the counties. The bill eliminates the specific number 14 of magistrates that must be apportioned. The bill does not 15 allow the judicial branch to reduce the number of apportioned 16 magistrates for the purpose of making moneys available for 17 salary increases for judicial officers and senior judges. 18 The bill amends 2008 Iowa Acts, chapter 1191, section 14, 19 which provides salary ranges for state officers by removing the 20 position of state court administrator from the salary ranges. 21 The bill repeals 2013 Iowa Acts, chapter 140, section 22 40, which relates to salaries for judicial officers. This 23 provision takes effect July 1, 2018. 24 -5- LSB 1293XD (5) 87 jm/rj 5/ 5