SSB 3203 (LSB 5006XC (7) 90)

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:

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 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.
   (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 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 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.
    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:
   ...................................................................... $      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 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 of each judicial election district to the district judicial nominating commission.
    Sec. 10.  Section 46.5, subsection 4, Code 2024, is amended to read as follows:
   4.  If a vacancy occurs in the office of chairperson of the state a judicial nominating commission, the members of the commission shall elect a new chairperson as provided in section 46.6. If a vacancy occurs in the office of chairperson of a district judicial nominating commission or in the absence of the chairperson, the members of the particular commission shall elect a temporary chairperson from their own number.
    Sec. 11.  Section 46.6, Code 2024, is amended to read as follows:
   46.6  Chairperson.
   1.  The commissioners of the state judicial nominating commission shall elect a chairperson from their own number and the commissioners of a district judicial nominating commission shall elect a chairperson from their own number. The chairperson shall serve a two-year term that expires on April 30 of even-numbered years. A commissioner may be reelected for a second or third term as chairperson. If a chairperson of a judicial nominating commission desires to be relieved of the duties of chairperson while retaining the status of commissioner, the chairperson shall notify the governor and the other commissioners of the commission. At the next meeting of the commission, the commissioners shall elect a new chairperson for the remainder of the two-year term.
   2.  The judge of longest service in the district shall serve as the chair of a particular district judicial nominating commission. If the judges of longest service in the district are of equal service, the eldest of such judges shall be chairperson of the particular judicial nominating commission.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to and makes appropriations to the judicial branch.
   FY 2024-2025 APPROPRIATIONS. The bill appropriates moneys from the general fund of the state for FY 2024-2025 to the judicial branch for salaries, receipt and disbursement of child support payments, reimbursement of the auditor of state, maintenance, equipment, miscellaneous purposes, deposit in the revolving fund created pursuant to Code section 602.1302(3) for certain purposes, payment of court-ordered juvenile services, and juvenile delinquent graduated sanctions services.
   The bill provides that 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 all the parties in a case agree. If a trial is moved to another county that is located in another judicial district or judicial election district, the judicial officers serving the judicial district or judicial election district receiving the case shall preside over the case.
   The bill permits a judicial officer to waive travel reimbursement for any travel outside the judicial officer’s county of residence to conduct official business.
   The bill allows a judicial officer to be placed on unpaid leave on any day a court employee is required to furlough. The bill provides that if a judicial officer is placed on unpaid leave, the salary of the judicial officer shall be reduced accordingly for the pay period in which the unpaid leave occurred. The bill provides that the judicial branch may use an amount equal to the aggregate amount of the salary reductions due to judicial officer unpaid leave for any purpose other than judicial salaries.
   The bill states legislative intent that the judicial branch utilize the Iowa communications network or other secure electronic communications in lieu of traveling.
   The bill sets forth salaries for justices, judges, and magistrates. This provision takes effect June 21, 2024.
   JUDICIAL RETIREMENT FUND. The bill modifies the contribution rates for the judicial retirement fund. The bill redefines the term “judge’s required contribution” to mean an amount equal to the basic salary of the judge multiplied by 35 percent of the required contribution rate, and the term “state’s required contribution” to mean an amount equal to the basic salary of all judges multiplied by 65 percent of the required contribution rate. The bill prohibits the required contribution rate from varying by more than 1 percentage point from the prior fiscal year. The bill’s contribution rates apply regardless of whether the judicial retirement fund is fully funded.
   DISTRICT JUDICIAL NOMINATING COMMISSIONS. Under current law, the governor appoints five eligible electors of each judicial district to each district’s 11-person district judicial nominating commission. The bill changes the number of electors appointed by the governor to six.
   Under current law, the most senior judge in the district serves as a commissioner and as the chairperson of that particular district judicial nominating commission. The bill removes the judge from the commission and from being chairperson and requires the members of each district judicial nominating commission to elect a chairperson from their own number.
   District judicial nominating commissions are responsible for screening applicants and selecting nominees for district court judicial vacancies. There is a nominating commission for each of Iowa’s 14 judicial election subdistricts. District nominating commissions provide the governor with a slate of two nominees from which to make an appointment to the district court.