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House File 864 - EnrolledAn Actrelating to appropriations to the judicial branch.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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,
2021, and ending June 30, 2022, 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, 2021; and maintenance, equipment, and
miscellaneous purposes:
.................................................. $189,640,252
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
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
-1-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 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, 2022, concerning the amounts received
-2-and expended from the court technology and modernization fund
created in section 602.8108, subsection 7, during the fiscal
year beginning July 1, 2020, and ending June 30, 2021, and the
plans for expenditures from each fund during the fiscal year
beginning July 1, 2021, and ending June 30, 2022.
Sec. 2. CIVIL TRIALS — LOCATION. Notwithstanding any
provision to the contrary, for the fiscal year beginning July
1, 2021, and ending June 30, 2022, 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, 2021, and
ending June 30, 2022, 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
2019 Iowa Acts, chapter 155, section 6, for the fiscal year
beginning July 1, 2021, and ending June 30, 2022, 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
-3-the Iowa communications network or other secure electronic
communications in lieu of traveling for the fiscal year
beginning July 1, 2021, and ending June 30, 2022.
Sec. 6. STATE COURT — JUSTICES, JUDGES, AND MAGISTRATES.
1. The salary rates specified in subsection 2 are for the
fiscal year beginning July 1, 2021, effective for the pay
period beginning June 25, 2021, and for subsequent fiscal
years until otherwise provided by the general assembly. The
salaries provided for in this section shall be paid from moneys
allocated to the judicial branch from the salary adjustment
fund, or if the allocation is not sufficient, from moneys
appropriated to the judicial branch pursuant to 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, 2021, effective with the pay
period beginning June 25, 2021, and for subsequent pay periods.
a. Chief justice of the supreme court:
.................................................. $192,261
b. Each justice of the supreme court:
.................................................. $183,653
c. Chief judge of the court of appeals:
.................................................. $172,175
d. Each associate judge of the court of appeals:
.................................................. $166,436
e. Each chief judge of a judicial district:
.................................................. $160,696
f. Each district judge except the chief judge of a judicial
district:
.................................................. $154,957
g. Each district associate judge:
.................................................. $137,740
h. Each associate juvenile judge:
.................................................. $137,740
i. Each associate probate judge:
-4-.................................................. $137,740
j. Each judicial magistrate:
.................................................. $42,469
k. Each senior judge:
.................................................. $9,182
3. Persons receiving the salary rates established
under this section shall not receive any additional salary
adjustments provided by this Act or any other Act of the
general assembly.
Sec. 7. Section 602.6404, subsection 3, Code 2021, is
amended to read as follows:
3. A magistrate shall be an attorney licensed to practice
law in this state. However, a magistrate not admitted to
the practice of law in this state and who is holding office
on April 1, 2009, shall be eligible to be reappointed as a
magistrate in the same county for a term commencing August 1,
2009, and for subsequent successive terms.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
JAKE CHAPMANPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 864, Eighty-ninth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2021______________________________
KIM REYNOLDSGovernoras/tm/md
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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,
2021, and ending June 30, 2022, 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, 2021; and maintenance, equipment, and
miscellaneous purposes:
.................................................. $189,640,252
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
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
-1-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 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, 2022, concerning the amounts received
-2-and expended from the court technology and modernization fund
created in section 602.8108, subsection 7, during the fiscal
year beginning July 1, 2020, and ending June 30, 2021, and the
plans for expenditures from each fund during the fiscal year
beginning July 1, 2021, and ending June 30, 2022.
Sec. 2. CIVIL TRIALS — LOCATION. Notwithstanding any
provision to the contrary, for the fiscal year beginning July
1, 2021, and ending June 30, 2022, 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, 2021, and
ending June 30, 2022, 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
2019 Iowa Acts, chapter 155, section 6, for the fiscal year
beginning July 1, 2021, and ending June 30, 2022, 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
-3-the Iowa communications network or other secure electronic
communications in lieu of traveling for the fiscal year
beginning July 1, 2021, and ending June 30, 2022.
Sec. 6. STATE COURT — JUSTICES, JUDGES, AND MAGISTRATES.
1. The salary rates specified in subsection 2 are for the
fiscal year beginning July 1, 2021, effective for the pay
period beginning June 25, 2021, and for subsequent fiscal
years until otherwise provided by the general assembly. The
salaries provided for in this section shall be paid from moneys
allocated to the judicial branch from the salary adjustment
fund, or if the allocation is not sufficient, from moneys
appropriated to the judicial branch pursuant to 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, 2021, effective with the pay
period beginning June 25, 2021, and for subsequent pay periods.
a. Chief justice of the supreme court:
.................................................. $192,261
b. Each justice of the supreme court:
.................................................. $183,653
c. Chief judge of the court of appeals:
.................................................. $172,175
d. Each associate judge of the court of appeals:
.................................................. $166,436
e. Each chief judge of a judicial district:
.................................................. $160,696
f. Each district judge except the chief judge of a judicial
district:
.................................................. $154,957
g. Each district associate judge:
.................................................. $137,740
h. Each associate juvenile judge:
.................................................. $137,740
i. Each associate probate judge:
-4-.................................................. $137,740
j. Each judicial magistrate:
.................................................. $42,469
k. Each senior judge:
.................................................. $9,182
3. Persons receiving the salary rates established
under this section shall not receive any additional salary
adjustments provided by this Act or any other Act of the
general assembly.
Sec. 7. Section 602.6404, subsection 3, Code 2021, is
amended to read as follows:
3. A magistrate shall be an attorney licensed to practice
law in this state. However, a magistrate not admitted to
the practice of law in this state and who is holding office
on April 1, 2009, shall be eligible to be reappointed as a
magistrate in the same county for a term commencing August 1,
2009, and for subsequent successive terms.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
JAKE CHAPMANPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 864, Eighty-ninth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2021______________________________
KIM REYNOLDSGovernoras/tm/md