Senate Study Bill 3190 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR BUDGET BILL) A BILL FOR An Act relating to and making appropriations to the judicial 1 branch, and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5015XG (5) 90 cm/ns
S.F. _____ H.F. _____ Section 1. JUDICIAL BRANCH. 1 1. There is appropriated from the general fund of the state 2 to the judicial branch for the fiscal year beginning July 1, 3 2024, and ending June 30, 2025, the following amounts, or so 4 much thereof as is necessary, to be used for the purposes 5 designated: 6 a. For salaries of supreme court justices, appellate court 7 judges, district court judges, district associate judges, 8 associate juvenile judges, associate probate judges, judicial 9 magistrates and staff, state court administrator, clerk of 10 the supreme court, district court administrators, clerks of 11 the district court, juvenile court officers, board of law 12 examiners, board of examiners of shorthand reporters, and 13 commission on judicial qualifications; receipt and disbursement 14 of child support payments; reimbursement of the auditor 15 of state for expenses incurred in completing audits of the 16 offices of the clerks of the district court during the fiscal 17 year beginning July 1, 2024; and maintenance, equipment, and 18 miscellaneous purposes: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $197,009,531 20 Of the moneys appropriated in this lettered paragraph, 21 no more than $250,000 is allocated for reimbursement to the 22 indigent defense fund created in section 815.11 for travel time 23 claims as required under section 815.7A, subsection 2. 24 b. For deposit in the revolving fund created pursuant to 25 section 602.1302, subsection 3, for jury and witness fees, 26 mileage, costs related to summoning jurors, costs and fees for 27 interpreters and translators, and reimbursement of attorney 28 fees paid by the state public defender: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,600,000 30 c. For payment of expenses for court-ordered services 31 provided to juveniles who are under the supervision of juvenile 32 court services, which expenses are a charge upon the state 33 pursuant to section 232.141, subsection 4: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,290,000 35 -1- LSB 5015XG (5) 90 cm/ns 1/ 8
S.F. _____ H.F. _____ (1) Of the moneys appropriated in this lettered paragraph, 1 no more than $1,556,000 is allocated to provide school-based 2 supervision of children under chapter 232, of which no more 3 than $15,000 may be used for purposes of training. A portion 4 of the cost of each school-based liaison officer shall be paid 5 by the school district or other funding source as approved by 6 the chief juvenile court officer. 7 (2) Notwithstanding section 232.141 or any other provision 8 of law to the contrary, the moneys appropriated in this 9 lettered paragraph shall be distributed to the judicial 10 districts as determined by the state court administrator. The 11 state court administrator shall make the determination of the 12 distribution amounts on or before June 15, 2024. 13 (3) Notwithstanding chapter 232 or any other provision of 14 law to the contrary, a district or juvenile court shall not 15 order any service which is a charge upon the state pursuant 16 to section 232.141 if there are insufficient court-ordered 17 services moneys available in the district court distribution 18 amounts to pay for the service. The chief juvenile court 19 officer shall encourage use of the moneys appropriated in this 20 lettered paragraph such that there are sufficient moneys to pay 21 for all court-ordered services during the entire fiscal year. 22 The chief juvenile court officer shall attempt to anticipate 23 potential surpluses and shortfalls in the distribution amounts 24 and shall cooperatively request the state court administrator 25 to transfer moneys between the judicial districts’ distribution 26 amounts as prudent. 27 (4) Notwithstanding any provision of law to the contrary, 28 a district or juvenile court shall not order a county to pay 29 for any service provided to a juvenile pursuant to an order 30 entered under chapter 232 which is a charge upon the state 31 under section 232.141, subsection 4. 32 (5) Of the moneys appropriated in this lettered paragraph, 33 no more than $83,000 may be used by the judicial branch 34 for administration of the requirements under this lettered 35 -2- LSB 5015XG (5) 90 cm/ns 2/ 8
S.F. _____ H.F. _____ paragraph. 1 (6) Of the moneys appropriated in this lettered paragraph, 2 $23,000 is allocated to the judicial branch to support the 3 interstate commission for juveniles in accordance with the 4 interstate compact for juveniles as provided in section 5 232.173. 6 d. For juvenile delinquent graduated sanctions services 7 pursuant to section 232.192: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,253,000 9 Any state moneys saved as a result of efforts by juvenile 10 court services to earn a federal fund match pursuant to Tit. 11 IV-E of the federal Family First Prevention Services Act 12 of 2018, Pub. L. No. 115-123, for juvenile court services 13 administration is appropriated to the judicial branch for 14 purposes of this lettered paragraph. 15 2. The judicial branch, except for purposes of internal 16 processing, shall use the current state budget system, the 17 state payroll system, and the Iowa finance and accounting 18 system in administration of programs and payments for services, 19 and shall not duplicate the state payroll, accounting, and 20 budgeting systems. 21 3. The judicial branch shall submit monthly financial 22 statements to the legislative services agency and the 23 department of management containing all appropriated accounts 24 in the same manner as provided in the monthly financial status 25 reports and personal services usage reports of the department 26 of administrative services. The monthly financial statements 27 shall include a comparison of the dollars and percentage 28 spent of budgeted versus actual revenues and expenditures on 29 a cumulative basis for full-time equivalent positions and 30 dollars. 31 4. The judicial branch shall focus efforts upon the 32 collection of delinquent fines, penalties, court costs, fees, 33 surcharges, or similar amounts. 34 5. It is the intent of the general assembly that the offices 35 -3- LSB 5015XG (5) 90 cm/ns 3/ 8
S.F. _____ H.F. _____ of the clerks of the district court operate in all 99 counties 1 and be accessible to the public as much as is reasonably 2 possible in order to address the relative needs of the citizens 3 of each county. An office of the clerk of the district court 4 shall be open regular courthouse hours. 5 6. In addition to the requirements for transfers under 6 section 8.39, the judicial branch shall not change the 7 appropriations from the amounts appropriated to the judicial 8 branch in this Act, unless notice of the revisions is given to 9 the legislative services agency prior to the effective date. 10 The notice shall include information on the judicial branch’s 11 rationale for making the changes and details concerning the 12 workload and performance measures upon which the changes are 13 based. 14 7. The judicial branch shall submit a semiannual update 15 to the legislative services agency and the department of 16 management specifying the amounts of fines, surcharges, and 17 court costs collected using the Iowa court information system 18 since the last report. The judicial branch shall continue 19 to facilitate the sharing of vital sentencing and other 20 information with other state departments and governmental 21 agencies involved in the criminal justice system through the 22 Iowa court information system. 23 8. The judicial branch shall provide a report to the general 24 assembly and the department of management by January 1, 2025, 25 concerning the amounts received and expended from the court 26 technology and modernization fund created in section 602.8108, 27 subsection 7, during the fiscal year beginning July 1, 2023, 28 and ending June 30, 2024, and the plans for expenditures from 29 each fund during the fiscal year beginning July 1, 2024, and 30 ending June 30, 2025. 31 Sec. 2. CIVIL TRIALS —— LOCATION. Notwithstanding any 32 provision to the contrary, for the fiscal year beginning July 33 1, 2024, and ending June 30, 2025, if all parties in a case 34 agree, a civil trial including a jury trial may take place in a 35 -4- LSB 5015XG (5) 90 cm/ns 4/ 8
S.F. _____ H.F. _____ county contiguous to the county with proper jurisdiction, even 1 if the contiguous county is located in an adjacent judicial 2 district or judicial election district. If the trial is moved 3 pursuant to this section, court personnel shall treat the case 4 as if a change of venue occurred. 5 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section 6 602.1509, for the fiscal year beginning July 1, 2024, and 7 ending June 30, 2025, a judicial officer may waive travel 8 reimbursement for any travel outside the judicial officer’s 9 county of residence to conduct official judicial business. 10 Sec. 4. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 11 the annual salary rates for judicial officers established by 12 this Act, for the fiscal year beginning July 1, 2024, and 13 ending June 30, 2025, the supreme court may by order place all 14 judicial officers on unpaid leave status on any day employees 15 of the judicial branch are placed on temporary layoff status. 16 The biweekly pay of the judicial officers shall be reduced 17 accordingly for the pay period in which the unpaid leave date 18 occurred in the same manner as for noncontract employees of the 19 judicial branch. Through the course of the fiscal year, the 20 judicial branch may use an amount equal to the aggregate amount 21 of salary reductions due to the judicial officer unpaid leave 22 days for any purpose other than for judicial salaries. 23 Sec. 5. IOWA COMMUNICATIONS NETWORK. It is the intent 24 of the general assembly that the judicial branch utilize 25 the Iowa communications network or other secure electronic 26 communications in lieu of traveling for the fiscal year 27 beginning July 1, 2024, and ending June 30, 2025. 28 Sec. 6. SALARIES —— STATE COURT JUSTICES, JUDGES, AND 29 MAGISTRATES. 30 1. The salary rates specified in subsection 2 are for the 31 fiscal year beginning July 1, 2024, effective for the pay 32 period beginning June 21, 2024, and for subsequent fiscal 33 years until otherwise provided by the general assembly. The 34 salaries provided for in this section shall be paid from moneys 35 -5- LSB 5015XG (5) 90 cm/ns 5/ 8
S.F. _____ H.F. _____ appropriated to the judicial branch pursuant to this Act or any 1 other Act of the general assembly. 2 2. The following annual salary rates shall be paid to the 3 persons holding the judicial positions indicated during the 4 fiscal year beginning July 1, 2024, effective with the pay 5 period beginning June 21, 2024, and for subsequent pay periods: 6 a. Chief justice of the supreme court: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,034 8 b. Each justice of the supreme court: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 191,069 10 c. Chief judge of the court of appeals: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 179,130 12 d. Each associate judge of the court of appeals: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 173,160 14 e. Each chief judge of a judicial district: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 167,190 16 f. Each district judge except the chief judge of a judicial 17 district: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 161,221 19 g. Each district associate judge: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 143,312 21 h. Each associate juvenile judge: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 143,312 23 i. Each associate probate judge: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 143,312 25 j. Each judicial magistrate: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44,179 27 k. Each senior judge: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,547 29 3. Persons receiving salary rates established under this 30 section shall not receive any additional salary adjustments 31 provided by this Act or any other Act of the general assembly. 32 Sec. 7. EFFECTIVE DATE. The section of this Act enacting 33 salaries for state court justices, judges, and magistrates 34 takes effect June 21, 2024. 35 -6- LSB 5015XG (5) 90 cm/ns 6/ 8
S.F. _____ H.F. _____ EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to and makes appropriations to the 4 judicial branch. 5 The bill appropriates moneys from the general fund 6 of the state for FY 2024-2025 to the judicial branch for 7 salaries, receipt and disbursement of child support payments, 8 reimbursement of the auditor of state, maintenance, equipment, 9 miscellaneous purposes, deposit in the revolving fund created 10 pursuant to Code section 602.1302(3) for certain purposes, 11 payment of court-ordered juvenile services, and juvenile 12 delinquent graduated sanctions services. 13 The bill provides that a civil trial including a jury trial 14 may take place in a county contiguous to the county with proper 15 jurisdiction, even if the contiguous county is located in an 16 adjacent judicial district or judicial election district, if 17 all the parties in a case agree. If a trial is moved to another 18 county that is located in another judicial district or judicial 19 election district, the judicial officers serving the judicial 20 district or judicial election district receiving the case shall 21 preside over the case. 22 The bill permits a judicial officer to waive travel 23 reimbursement for any travel outside the judicial officer’s 24 county of residence to conduct official business. 25 The bill allows a judicial officer to be placed on unpaid 26 leave on any day a court employee is required to furlough. 27 The bill provides that if a judicial officer is placed on 28 unpaid leave, the salary of the judicial officer shall be 29 reduced accordingly for the pay period in which the unpaid 30 leave occurred. The bill provides that the judicial branch 31 may use an amount equal to the aggregate amount of the salary 32 reductions due to judicial officer unpaid leave for any purpose 33 other than judicial salaries. 34 The bill states legislative intent that the judicial 35 -7- LSB 5015XG (5) 90 cm/ns 7/ 8
S.F. _____ H.F. _____ branch utilize the Iowa communications network or other secure 1 electronic communications in lieu of traveling. 2 The bill sets forth salaries for justices, judges, and 3 magistrates. This provision takes effect June 21, 2024. 4 -8- LSB 5015XG (5) 90 cm/ns 8/ 8