Iowa 2023-2024 Regular Session

Iowa Senate Bill SF2436 Latest Draft

Bill / Enrolled Version Filed 04/24/2024

                            Senate File 2436 - Enrolled   Senate File 2436   AN ACT   RELATING TO AND MAKING APPROPRIATIONS TO THE JUDICIAL BRANCH,   INCLUDING BY MODIFYING THE JUDICIAL RETIREMENT FUND, 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   

  Senate File 2436, p. 2   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:    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $201,018,878    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 $25,000 may be used for purposes of training.    (2) 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 within thirty days of the date on which    the annual census data is released.    (3) 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   

  Senate File 2436, p. 3   and shall cooperatively request the state court administrator    to transfer moneys between the judicial districts distribution    amounts as prudent.    (4) 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.    (5) 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.    (6) Of the moneys appropriated in this lettered paragraph,    an amount not to exceed the actual cost of the annual    membership fee 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.    (7) Notwithstanding section 8.33, moneys appropriated in    this lettered paragraph that remain unencumbered or unobligated    at the close of the fiscal year shall not revert but shall    remain available for expenditure for the purposes designated    until the close of the fiscal year that begins July 1, 2027.    d. For juvenile delinquent graduated sanctions services    pursuant to section 232.192:    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,253,000    (1) 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) Notwithstanding section 8.33, moneys appropriated in    this lettered paragraph that remain unencumbered or unobligated    at the close of the fiscal year shall not revert but shall    remain available for expenditure for the purposes designated    until the close of the fiscal year that begins July 1, 2027.    2. The judicial branch, except for purposes of internal    processing, shall use the current state budget system, the   

  Senate File 2436, p. 4   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 branchs 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 and department of management    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   

  Senate File 2436, p. 5   the criminal justice system through the Iowa court information    system.    8. The judicial branch shall provide a report to the general    assembly and department of management 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 officers    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   

  Senate File 2436, p. 6   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:    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 205,911    b. Each justice of the supreme court:    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 196,692    c. Chief judge of the court of appeals:    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 184,400    d. Each associate judge of the court of appeals:    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 178,253    e. Each chief judge of a judicial district:    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 172,106    f. Each district judge except the chief judge of a judicial    district:    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 165,959    g. Each district associate judge:    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 147,520    h. Each associate juvenile judge:    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 147,520    i. Each associate probate judge:    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 147,520    j. Each judicial magistrate:    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 45,484    k. Each senior judge:   

  Senate File 2436, p. 7   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,834    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, Code 2024, is amended by adding    the following new subsection:    NEW SUBSECTION   . 3A. Any change to the required contribution    rate shall be shared between judges and the state in the same    proportion as the required contribution rate.    Sec. 9. 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. Judges 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                                      

  Senate File 2436, p. 8   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. States 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 .    ______________________________   AMY SINCLAIR   President of the Senate   ______________________________   PAT GRASSLEY   Speaker of the House   I hereby certify that this bill originated in the Senate and   is known as Senate File 2436, Ninetieth General Assembly.   ______________________________   W. CHARLES SMITHSON   Secretary of the Senate   Approved _______________, 2024   ______________________________   KIM REYNOLDS   Governor