Bill Text: IA SSB1050 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to salaries and apportionment of judicial officers and including effective date provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-02-01 - Subcommittee: Garrett, Sinclair, and Boulton. [SSB1050 Detail]
Download: Iowa-2017-SSB1050-Introduced.html
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
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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
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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
.
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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.
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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
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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
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