Senate Study Bill 3229 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR'S BUDGET BILL) A BILL FOR An Act relating to and making appropriations to the justice 1 system. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5101XG (9) 83 jm/tm
S.F. _____ H.F. _____ Section 1. DEPARTMENT OF JUSTICE. 1 1. There is appropriated from the general fund of the state 2 to the department of justice for the fiscal year beginning July 3 1, 2010, and ending June 30, 2011, the following amounts, or 4 so much thereof as is necessary, to be used for the purposes 5 designated: 6 a. For the general office of attorney general for salaries, 7 support, maintenance, and miscellaneous purposes, including 8 the prosecuting attorneys training program, victim assistance 9 grants, office of drug control policy prosecuting attorney 10 program, and odometer fraud enforcement: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,732,930 12 It is the intent of the general assembly that as a condition 13 of receiving the appropriation provided in this lettered 14 paragraph, the department of justice shall maintain a record 15 of the estimated time incurred representing each agency or 16 department. 17 b. For victim assistance grants: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,060,000 19 The funds appropriated in this lettered paragraph shall be 20 used to provide grants to care providers providing services to 21 crime victims of domestic abuse or to crime victims of rape and 22 sexual assault. 23 The department of justice may transfer moneys from the 24 victim compensation fund established in section 915.94 to the 25 victim assistance grant program. 26 c. For legal services for persons in poverty grants as 27 provided in section 13.34: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,759,171 29 2. a. The department of justice, in submitting budget 30 estimates for the fiscal year commencing July 1, 2011, pursuant 31 to section 8.23, shall include a report of funding from sources 32 other than amounts appropriated directly from the general fund 33 of the state to the department of justice or to the office of 34 consumer advocate. These funding sources shall include but 35 -1- LSB 5101XG (9) 83 jm/tm 1/ 20
S.F. _____ H.F. _____ are not limited to reimbursements from other state agencies, 1 commissions, boards, or similar entities, and reimbursements 2 from special funds or internal accounts within the department 3 of justice. The department of justice shall also report actual 4 reimbursements for the fiscal year commencing July 1, 2009, 5 and actual and expected reimbursements for the fiscal year 6 commencing July 1, 2010. 7 b. The department of justice shall include the report 8 required under paragraph “a”, as well as information regarding 9 any revisions occurring as a result of reimbursements actually 10 received or expected at a later date, in a report to the 11 co-chairpersons and ranking members of the joint appropriations 12 subcommittee on the justice system and the legislative services 13 agency. The department of justice shall submit the report on 14 or before January 15, 2011. 15 Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated 16 from the department of commerce revolving fund established 17 in section 546.12 to the office of consumer advocate of the 18 department of justice for the fiscal year beginning July 1, 19 2010, and ending June 30, 2011, the following amount, or so 20 much thereof as is necessary, to be used for the purposes 21 designated: 22 For salaries, support, maintenance, and miscellaneous 23 purposes: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,336,344 25 Sec. 3. DEPARTMENT OF CORRECTIONS —— FACILITIES. 26 1. There is appropriated from the general fund of the state 27 to the department of corrections for the fiscal year beginning 28 July 1, 2010, and ending June 30, 2011, the following amounts, 29 or so much thereof as is necessary, to be used for the purposes 30 designated: 31 For the operation of adult correctional institutions, 32 reimbursement of counties for certain confinement costs, and 33 federal prison reimbursement, to be allocated as follows: 34 a. For the operation of the Fort Madison correctional 35 -2- LSB 5101XG (9) 83 jm/tm 2/ 20
S.F. _____ H.F. _____ facility, including salaries, support, maintenance, and 1 miscellaneous purposes: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41,442,374 3 As a condition of receiving an appropriation in this 4 lettered paragraph, the department of corrections shall operate 5 the John Bennett facility either as an institution of the 6 department or a community-based correctional facility. 7 b. For the operation of the Anamosa correctional facility, 8 including salaries, support, maintenance, and miscellaneous 9 purposes: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,356,461 11 c. For the operation of the Oakdale correctional facility, 12 including salaries, support, maintenance, and miscellaneous 13 purposes: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55,955,246 15 d. For the operation of the Newton correctional facility, 16 including salaries, support, maintenance, and miscellaneous 17 purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,452,257 19 e. For the operation of the Mt. Pleasant correctional 20 facility, including salaries, support, maintenance, and 21 miscellaneous purposes: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,265,257 23 f. For the operation of the Rockwell City correctional 24 facility, including salaries, support, maintenance, and 25 miscellaneous purposes: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,324,565 27 g. For the operation of the Clarinda correctional facility, 28 including salaries, support, maintenance, and miscellaneous 29 purposes: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,645,033 31 Moneys received by the department of corrections as 32 reimbursement for services provided to the Clarinda youth 33 corporation are appropriated to the department and shall be 34 used for the purpose of operating the Clarinda correctional 35 -3- LSB 5101XG (9) 83 jm/tm 3/ 20
S.F. _____ H.F. _____ facility. 1 h. For the operation of the Mitchellville correctional 2 facility, including salaries, support, maintenance, and 3 miscellaneous purposes: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,486,586 5 i. For the operation of the Fort Dodge correctional 6 facility, including salaries, support, maintenance, and 7 miscellaneous purposes: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,020,235 9 j. For reimbursement of counties for temporary confinement 10 of work release and parole violators, as provided in sections 11 901.7, 904.908, and 906.17, and for offenders confined pursuant 12 to section 904.513: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 775,092 14 k. For federal prison reimbursement, reimbursements for 15 out-of-state placements, and miscellaneous contracts: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 239,411 17 2. The department of corrections shall use moneys 18 appropriated in subsection 1 to continue to contract for the 19 services of a Muslim imam. 20 Sec. 4. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. 21 1. There is appropriated from the general fund of the state 22 to the department of corrections for the fiscal year beginning 23 July 1, 2010, and ending June 30, 2011, the following amounts, 24 or so much thereof as is necessary, to be used for the purposes 25 designated: 26 a. For general administration, including salaries, support, 27 maintenance, employment of an education director to administer 28 a centralized education program for the correctional system, 29 and miscellaneous purposes: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,491,968 31 (1) It is the intent of the general assembly that as a 32 condition of receiving the appropriation provided in this 33 lettered paragraph the department of corrections shall not, 34 except as otherwise provided in subparagraph (3), enter 35 -4- LSB 5101XG (9) 83 jm/tm 4/ 20
S.F. _____ H.F. _____ into a new contract, unless the contract is a renewal of an 1 existing contract, for the expenditure of moneys in excess of 2 $100,000 during the fiscal year beginning July 1, 2010, for the 3 privatization of services performed by the department using 4 state employees as of July 1, 2010, or for the privatization 5 of new services by the department without prior consultation 6 with any applicable state employee organization affected 7 by the proposed new contract and prior notification of the 8 co-chairpersons and ranking members of the joint appropriations 9 subcommittee on the justice system. 10 (2) It is the intent of the general assembly that each 11 lease negotiated by the department of corrections with a 12 private corporation for the purpose of providing private 13 industry employment of inmates in a correctional institution 14 shall prohibit the private corporation from utilizing inmate 15 labor for partisan political purposes for any person seeking 16 election to public office in this state and that a violation 17 of this requirement shall result in a termination of the lease 18 agreement. 19 (3) It is the intent of the general assembly that as a 20 condition of receiving the appropriation provided in this 21 lettered paragraph the department of corrections shall not 22 enter into a lease or contractual agreement pursuant to section 23 904.809 with a private corporation for the use of building 24 space for the purpose of providing inmate employment without 25 providing that the terms of the lease or contract establish 26 safeguards to restrict, to the greatest extent feasible, access 27 by inmates working for the private corporation to personal 28 identifying information of citizens. 29 b. For educational programs for inmates at state penal 30 institutions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,558,109 32 As a condition of receiving the appropriation in this 33 lettered paragraph, the department of corrections may transfer 34 moneys from the canteen operating funds established pursuant 35 -5- LSB 5101XG (9) 83 jm/tm 5/ 20
S.F. _____ H.F. _____ to section 904.310 to be used for correctional educational 1 programs funded in this lettered paragraph. 2 It is the intent of the general assembly that moneys 3 appropriated in this lettered paragraph shall be used solely 4 for the purpose indicated and that the moneys shall not be 5 transferred for any other purpose. In addition, it is the 6 intent of the general assembly that the department shall 7 consult with the community colleges in the areas in which the 8 institutions are located to utilize moneys appropriated in this 9 lettered paragraph to fund the high school completion, high 10 school equivalency diploma, adult literacy, and adult basic 11 education programs in a manner so as to maintain these programs 12 at the institutions. 13 To maximize the funding for educational programs, the 14 department shall establish guidelines and procedures to 15 prioritize the availability of educational and vocational 16 training for inmates based upon the goal of facilitating an 17 inmate’s successful release from the correctional institution. 18 The director of the department of corrections may transfer 19 moneys from Iowa prison industries for use in educational 20 programs for inmates. 21 Notwithstanding section 8.33, moneys appropriated in this 22 lettered paragraph that remain unobligated or unexpended at 23 the close of the fiscal year shall not revert but shall remain 24 available for expenditure only for the purpose designated in 25 this lettered paragraph until the close of the succeeding 26 fiscal year. 27 c. For the development of the Iowa corrections offender 28 network (ICON) data system: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 424,364 30 d. For offender mental health and substance abuse 31 treatment: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,319 33 e. For viral hepatitis prevention and treatment: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 167,881 35 -6- LSB 5101XG (9) 83 jm/tm 6/ 20
S.F. _____ H.F. _____ 2. It is the intent of the general assembly that the 1 department of corrections shall continue to operate the 2 correctional farms under the control of the department at 3 the same or greater level of participation and involvement 4 as existed as of January 1, 2010; shall not enter into any 5 rental agreement or contract concerning any farmland under 6 the control of the department that is not subject to a rental 7 agreement or contract as of January 1, 2010, without prior 8 legislative approval; and shall further attempt to provide 9 job opportunities at the farms for inmates. The department 10 shall attempt to provide job opportunities at the farms for 11 inmates by encouraging labor-intensive farming or gardening 12 where appropriate; using inmates to grow produce and meat for 13 institutional consumption; researching the possibility of 14 instituting food canning and cook-and-chill operations; and 15 exploring opportunities for organic farming and gardening, 16 livestock ventures, horticulture, and specialized crops. 17 3. As a condition of receiving the appropriations made 18 in this section, the department of corrections shall develop 19 and implement offender reentry programs in Black Hawk and 20 Polk counties to provide transitional planning and release 21 primarily for offenders released from the Iowa correctional 22 institution for women at Mitchellville and the Fort Dodge 23 correctional facility. Programming shall include minority 24 and gender-specific responsivity, employment, substance 25 abuse treatment, mental health services, housing, and family 26 reintegration. The department of corrections shall collaborate 27 with the first and fifth judicial district departments of 28 correctional services, the Iowa department of workforce 29 development, the department of human services, community-based 30 providers and faith-based organizations, and local law 31 enforcement. 32 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 33 SERVICES. 34 1. There is appropriated from the general fund of the state 35 -7- LSB 5101XG (9) 83 jm/tm 7/ 20
S.F. _____ H.F. _____ to the department of corrections for the fiscal year beginning 1 July 1, 2010, and ending June 30, 2011, for the treatment and 2 supervision of probation and parole violators who have been 3 released from the department of corrections violator program, 4 the following amounts, or so much thereof as is necessary, to 5 be allocated as follows: 6 a. For the first judicial district department of 7 correctional services: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,453,082 9 b. For the second judicial district department of 10 correctional services: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,770,616 12 c. For the third judicial district department of 13 correctional services: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,715,578 15 d. For the fourth judicial district department of 16 correctional services: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,522,416 18 e. For the fifth judicial district department of 19 correctional services, including funding for electronic 20 monitoring devices for use on a statewide basis: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,938,081 22 f. For the sixth judicial district department of 23 correctional services: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,030,356 25 g. For the seventh judicial district department of 26 correctional services: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,846,560 28 h. For the eighth judicial district department of 29 correctional services: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,935,622 31 2. Each judicial district department of correctional 32 services, within the funding available, shall continue programs 33 and plans established within that district to provide for 34 intensive supervision, sex offender treatment, diversion of 35 -8- LSB 5101XG (9) 83 jm/tm 8/ 20
S.F. _____ H.F. _____ low-risk offenders to the least restrictive sanction available, 1 job development, and expanded use of intermediate criminal 2 sanctions. 3 3. Each judicial district department of correctional 4 services shall provide alternatives to prison consistent with 5 chapter 901B. The alternatives to prison shall ensure public 6 safety while providing maximum rehabilitation to the offender. 7 A judicial district department of correctional services may 8 also establish a day program. 9 4. The governor’s office of drug control policy shall 10 consider federal grants made to the department of corrections 11 for the benefit of each of the eight judicial district 12 departments of correctional services as local government 13 grants, as defined pursuant to federal regulations. 14 5. The department of corrections shall continue to contract 15 with a judicial district department of correctional services to 16 provide for the rental of electronic monitoring equipment which 17 shall be available statewide. 18 6. A judicial district department of correctional services 19 shall accept into the facilities of the district department, 20 offenders assigned from other judicial district departments of 21 correctional services. 22 Sec. 6. DEPARTMENT OF CORRECTIONS —— REALLOCATION OF 23 APPROPRIATIONS. Notwithstanding section 8.39, within 24 the moneys appropriated in this Act to the department of 25 corrections, the department may reallocate the moneys 26 appropriated and allocated as necessary to best fulfill the 27 needs of the correctional institutions, administration of 28 the department, and the judicial district departments of 29 correctional services. However, in addition to complying with 30 the requirements of sections 904.116 and 905.8 and providing 31 notice to the legislative services agency, the department 32 of corrections shall also provide notice to the department 33 of management, prior to the effective date of the revision 34 or reallocation of an appropriation made pursuant to this 35 -9- LSB 5101XG (9) 83 jm/tm 9/ 20
S.F. _____ H.F. _____ section. The department shall not reallocate an appropriation 1 or allocation for the purpose of eliminating any program. 2 Sec. 7. INTENT —— REPORTS. 3 1. The department in cooperation with townships, the Iowa 4 cemetery associations, and other nonprofit or governmental 5 entities may use inmate labor during the fiscal year beginning 6 July 1, 2010, to restore or preserve rural cemeteries and 7 historical landmarks. The department in cooperation with the 8 counties may also use inmate labor to clean up roads, major 9 water sources, and other water sources around the state. 10 2. Each month the department shall provide a status report 11 regarding private-sector employment to the legislative services 12 agency beginning on July 1, 2010. The report shall include 13 the number of offenders employed in the private sector, the 14 combined number of hours worked by the offenders, and the 15 total amount of allowances, and the distribution of allowances 16 pursuant to section 904.702, including any moneys deposited in 17 the general fund of the state. 18 Sec. 8. ELECTRONIC MONITORING REPORT. The department of 19 corrections shall submit a report on electronic monitoring to 20 the general assembly, to the co-chairpersons and the ranking 21 members of the joint appropriations subcommittee on the justice 22 system, and to the legislative services agency by January 23 15, 2011. The report shall specifically address the number 24 of persons being electronically monitored and break down the 25 number of persons being electronically monitored by offense 26 committed. The report shall also include a comparison of any 27 data from the prior fiscal year with the current year. 28 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 29 1. As used in this section, unless the context otherwise 30 requires, “state agency” means the government of the state 31 of Iowa, including but not limited to all executive branch 32 departments, agencies, boards, bureaus, and commissions, the 33 judicial branch, the general assembly and all legislative 34 agencies, institutions within the purview of the state board of 35 -10- LSB 5101XG (9) 83 jm/tm 10/ 20
S.F. _____ H.F. _____ regents, and any corporation whose primary function is to act 1 as an instrumentality of the state. 2 2. State agencies are hereby encouraged to purchase 3 products from Iowa state industries, as defined in section 4 904.802, when purchases are required and the products are 5 available from Iowa state industries. State agencies shall 6 obtain bids from Iowa state industries for purchases of 7 office furniture during the fiscal year beginning July 1, 8 2010, exceeding $5,000 or in accordance with applicable 9 administrative rules related to purchases for the agency. 10 Sec. 10. STATE PUBLIC DEFENDER. There is appropriated from 11 the general fund of the state to the office of the state public 12 defender of the department of inspections and appeals for the 13 fiscal year beginning July 1, 2010, and ending June 30, 2011, 14 the following amounts, or so much thereof as is necessary, to 15 be allocated as follows for the purposes designated: 16 1. For salaries, support, maintenance, and miscellaneous 17 purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,743,182 19 2. For the fees of court-appointed attorneys for indigent 20 adults and juveniles, in accordance with section 232.141 and 21 chapter 815: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,433,929 23 Sec. 11. IOWA LAW ENFORCEMENT ACADEMY. 24 1. There is appropriated from the general fund of the 25 state to the Iowa law enforcement academy for the fiscal year 26 beginning July 1, 2010, and ending June 30, 2011, the following 27 amount, or so much thereof as is necessary, to be used for the 28 purposes designated: 29 For salaries, support, maintenance, and miscellaneous 30 purposes, including jailer training and technical assistance: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,049,430 32 It is the intent of the general assembly that the Iowa law 33 enforcement academy may provide training of state and local 34 law enforcement personnel concerning the recognition of and 35 -11- LSB 5101XG (9) 83 jm/tm 11/ 20
S.F. _____ H.F. _____ response to persons with Alzheimer’s disease. 1 The Iowa law enforcement academy may temporarily exceed and 2 draw more than the amount appropriated and incur a negative 3 cash balance as long as there are receivables equal to or 4 greater than the negative balance and the amount appropriated 5 in this subsection is not exceeded at the close of the fiscal 6 year. 7 2. The Iowa law enforcement academy may select at least 8 five automobiles of the department of public safety, division 9 of state patrol, prior to turning over the automobiles to 10 the department of administrative services to be disposed 11 of by public auction, and the Iowa law enforcement academy 12 may exchange any automobile owned by the academy for each 13 automobile selected if the selected automobile is used in 14 training law enforcement officers at the academy. However, any 15 automobile exchanged by the academy shall be substituted for 16 the selected vehicle of the department of public safety and 17 sold by public auction with the receipts being deposited in the 18 depreciation fund to the credit of the department of public 19 safety, division of state patrol. 20 Sec. 12. BOARD OF PAROLE. There is appropriated from the 21 general fund of the state to the board of parole for the fiscal 22 year beginning July 1, 2010, and ending June 30, 2011, the 23 following amount, or so much thereof as is necessary, to be 24 used for the purposes designated: 25 For salaries, support, maintenance, and miscellaneous 26 purposes: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,045,259 28 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE. There is 29 appropriated from the general fund of the state to the 30 department of public defense for the fiscal year beginning July 31 1, 2010, and ending June 30, 2011, the following amounts, or 32 so much thereof as is necessary, to be used for the purposes 33 designated: 34 1. MILITARY DIVISION 35 -12- LSB 5101XG (9) 83 jm/tm 12/ 20
S.F. _____ H.F. _____ For salaries, support, maintenance, and miscellaneous 1 purposes: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,249,201 3 The military division may temporarily exceed and draw more 4 than the amount appropriated and incur a negative cash balance 5 as long as there are receivables of federal funds equal to or 6 greater than the negative balance and the amount appropriated 7 in this subsection is not exceeded at the close of the fiscal 8 year. 9 2. HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION 10 For salaries, support, maintenance, and miscellaneous 11 purposes: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,038,119 13 The homeland security and emergency management division may 14 temporarily exceed and draw more than the amount appropriated 15 and incur a negative cash balance as long as there are 16 receivables of federal funds equal to or greater than the 17 negative balance and the amount appropriated in this subsection 18 is not exceeded at the close of the fiscal year. 19 It is the intent of the general assembly that the homeland 20 security and emergency management division work in conjunction 21 with the department of public safety, to the extent possible, 22 when gathering and analyzing information related to potential 23 domestic or foreign security threats, and when monitoring such 24 threats. 25 Sec. 14. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 26 from the general fund of the state to the department of public 27 safety for the fiscal year beginning July 1, 2010, and ending 28 June 30, 2011, the following amounts, or so much thereof as is 29 necessary, to be used for the purposes designated: 30 1. For the department’s administrative functions, including 31 the criminal justice information system: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,134,461 33 2. For the division of criminal investigation, including 34 the state’s contribution to the peace officers’ retirement, 35 -13- LSB 5101XG (9) 83 jm/tm 13/ 20
S.F. _____ H.F. _____ accident, and disability system provided in chapter 97A in the 1 amount of the state’s normal contribution rate, as defined 2 in section 97A.8, multiplied by the salaries for which the 3 funds are appropriated, and to meet federal fund matching 4 requirements: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,861,710 6 The department of public safety, with the approval of the 7 department of management, may employ no more than two special 8 agents and four gaming enforcement officers for each additional 9 riverboat or gambling structure regulated after July 1, 2010, 10 and one special agent for each racing facility which becomes 11 operational during the fiscal year which begins July 1, 2010. 12 One additional gaming enforcement officer, up to a total of 13 four per riverboat or gambling structure, may be employed 14 for each riverboat or gambling structure that has extended 15 operations to 24 hours and has not previously operated with a 16 24-hour schedule. Positions authorized in this paragraph are 17 in addition to the full-time equivalent positions otherwise 18 authorized in this subsection. 19 3. For the criminalistics laboratory fund created in 20 section 691.9: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 302,345 22 4. a. For the division of narcotics enforcement, including 23 the state’s contribution to the peace officers’ retirement, 24 accident, and disability system provided in chapter 97A in the 25 amount of the state’s normal contribution rate, as defined 26 in section 97A.8, multiplied by the salaries for which the 27 funds are appropriated, and to meet federal fund matching 28 requirements: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,507,048 30 b. For the division of narcotics enforcement for undercover 31 purchases: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 109,042 33 5. For the division of state fire marshal, for fire 34 protection services as provided through the state fire service 35 -14- LSB 5101XG (9) 83 jm/tm 14/ 20
S.F. _____ H.F. _____ and emergency response council as created in the department, 1 and for the state’s contribution to the peace officers’ 2 retirement, accident, and disability system provided in chapter 3 97A in the amount of the state’s normal contribution rate, as 4 defined in section 97A.8, and multiplied by the salaries for 5 which the funds are appropriated: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,343,896 7 6. For the division of state patrol, for salaries, support, 8 maintenance, workers’ compensation costs, and miscellaneous 9 purposes, including the state’s contribution to the peace 10 officers’ retirement, accident, and disability system provided 11 in chapter 97A in the amount of the state’s normal contribution 12 rate, as defined in section 97A.8, and multiplied by the 13 salaries for which the funds are appropriated: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 48,984,147 15 It is the intent of the general assembly that members of the 16 state patrol be assigned to patrol the highways and roads in 17 lieu of assignments for inspecting school buses for the school 18 districts. 19 7. For deposit in the sick leave benefits fund established 20 under section 80.42 for all departmental employees eligible to 21 receive benefits for accrued sick leave under the collective 22 bargaining agreement: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 279,517 24 8. For costs associated with the training and equipment 25 needs of volunteer fire fighters: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 612,255 27 Notwithstanding section 8.33, moneys appropriated in this 28 subsection that remain unencumbered or unobligated at the 29 close of the fiscal year shall not revert but shall remain 30 available for expenditure only for the purpose designated in 31 this subsection until the close of the succeeding fiscal year. 32 Notwithstanding section 8.39, within the moneys appropriated 33 in this section the department of public safety may reallocate 34 moneys as necessary to best fulfill the needs provided for 35 -15- LSB 5101XG (9) 83 jm/tm 15/ 20
S.F. _____ H.F. _____ in the appropriation. However, the department shall not 1 reallocate an appropriation made to the department in this 2 section unless notice of the reallocation is given to the 3 legislative services agency and the department of management 4 prior to the effective date of the reallocation. The notice 5 shall include information about the rationale for reallocating 6 the appropriation. The department shall not reallocate 7 an appropriation made in this section for the purpose of 8 eliminating any program. 9 Sec. 15. CIVIL RIGHTS COMMISSION. There is appropriated 10 from the general fund of the state to the Iowa state civil 11 rights commission for the fiscal year beginning July 1, 12 2010, and ending June 30, 2011, the following amount, or so 13 much thereof as is necessary, to be used for the purposes 14 designated: 15 For salaries, support, maintenance, and miscellaneous 16 purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,379,861 18 The Iowa state civil rights commission may enter into 19 a contract with a nonprofit organization to provide legal 20 assistance to resolve civil rights complaints. 21 Sec. 16. IOWA COMMUNICATIONS NETWORK. It is the intent 22 of the general assembly that the executive branch agencies 23 receiving an appropriation in this Act utilize the Iowa 24 communications network or other electronic communications 25 in lieu of traveling for the fiscal year addressed by the 26 appropriations. 27 Sec. 17. HOMELAND SECURITY AND EMERGENCY MANAGEMENT 28 DIVISION. There is appropriated from the wireless E911 29 emergency communications fund created in section 34A.7A to the 30 administrator of the homeland security and emergency management 31 division of the department of public defense for the fiscal 32 year beginning July 1, 2010, and ending June 30, 2011, an 33 amount not exceeding $200,000 to be used for implementation, 34 support, and maintenance of the functions of the administrator 35 -16- LSB 5101XG (9) 83 jm/tm 16/ 20
S.F. _____ H.F. _____ and program manager under chapter 34A and to employ the auditor 1 of the state to perform an annual audit of the wireless E911 2 emergency communications fund. 3 Sec. 18. Section 80B.11B, subsection 2, Code 2009, is 4 amended to read as follows: 5 2. The Iowa law enforcement academy may also charge the 6 department of natural resources or other agency or department 7 of the state, a member of a police force of a city or county, or 8 any political subdivision of the state not more than one-half 9 of the cost of providing the basic training course which is 10 designed to meet the minimum basic training requirements for 11 a law enforcement officer , unless a majority of the Iowa 12 law enforcement academy council authorizes charging more 13 than one-half of the cost of providing basic training . All 14 other candidates to the law enforcement academy, including a 15 candidate from a tribal government, shall pay the full costs of 16 providing the basic training requirements for a law enforcement 17 officer. 18 Sec. 19. Section 99D.14, subsection 2, Code 2009, is amended 19 to read as follows: 20 2. a. A licensee shall pay a regulatory fee to be charged 21 as provided in this section. In determining the regulatory fee 22 to be charged as provided under this section, the commission 23 shall use the amount appropriated to the commission plus the 24 cost of salaries for no more than two special agents for each 25 racetrack that has not been issued a table games license under 26 chapter 99F or no more than three special agents for each 27 racetrack that has been issued a table games license under 28 chapter 99F, plus any direct and indirect support costs for the 29 agents, for the division of criminal investigation’s racetrack 30 activities, as the basis for determining the amount of revenue 31 to be raised from the regulatory fee. 32 b. Notwithstanding sections 8.60 and 99D.17, the portion of 33 the fee paid pursuant to paragraph “a” relating to the costs 34 of special agents plus any direct and indirect support costs 35 -17- LSB 5101XG (9) 83 jm/tm 17/ 20
S.F. _____ H.F. _____ for the agents, for the division of criminal investigation’s 1 racetrack activities, shall not be deposited in the general 2 fund of the state but instead are appropriated to supplement 3 appropriations made to the department of public safety to 4 be used for such activities by the division of criminal 5 investigation. 6 Sec. 20. Section 99F.10, subsection 4, Code 2009, is amended 7 to read as follows: 8 4. a. In determining the license fees and state regulatory 9 fees to be charged as provided under section 99F.4 and this 10 section, the commission shall use as the basis for determining 11 the amount of revenue to be raised from the license fees and 12 regulatory fees the amount appropriated to the commission 13 plus the cost of salaries for no more than two special agents 14 for each excursion gambling boat or gambling structure and no 15 more than four gaming enforcement officers for each excursion 16 gambling boat or gambling structure with a patron capacity of 17 less than two thousand persons or no more than five gaming 18 enforcement officers for each excursion gambling boat or 19 gambling structure with a patron capacity of at least two 20 thousand persons, plus any direct and indirect support costs 21 for the agents and officers, for the division of criminal 22 investigation’s excursion gambling boat or gambling structure 23 activities. 24 b. Notwithstanding sections 8.60 and 99F.4, the portion of 25 the fee paid pursuant to paragraph “a” relating to the costs 26 of special agents and officers plus any direct and indirect 27 support costs for the agents and officers, for the division of 28 criminal investigation’s excursion gambling boat or gambling 29 structure activities, shall not be deposited in the general 30 fund of the state but instead are appropriated to supplement 31 appropriations made to the department of public safety to 32 be used for such activities by the division of criminal 33 investigation. 34 Sec. 21. Section 904A.4B, Code 2009, is amended to read as 35 -18- LSB 5101XG (9) 83 jm/tm 18/ 20
S.F. _____ H.F. _____ follows: 1 904A.4B Executive director of the board of parole —— duties. 2 1. The chief administrative officer of the board of 3 parole shall be the executive director , except as provided in 4 subsection 2 . The executive director shall be appointed by the 5 chairperson, subject to the approval of the board and shall 6 serve at the pleasure of the board. The executive director 7 shall do all of the following: 8 1. a. Advise the board on matters relating to parole, 9 work release, and executive clemency, and advise the board on 10 matters involving automation and word processing. 11 2. b. Carry out all directives of the board. 12 3. c. Hire and supervise all of the board’s staff pursuant 13 to the provisions of chapter 8A, subchapter IV. 14 4. d. Act as the board’s liaison with the general assembly. 15 5. e. Prepare a budget for the board, subject to the 16 approval of the board, and prepare all other reports required 17 by law. 18 6. f. Develop long-range parole and work release planning, 19 in cooperation with the department of corrections. 20 2. If an executive director is not appointed as provided in 21 subsection 1, the chairperson shall serve as acting executive 22 director and perform the administrative duties under subsection 23 1. 24 EXPLANATION 25 This bill makes appropriations from the general fund of the 26 state for fiscal year 2010-2011 to the departments of justice, 27 corrections, public defense, and public safety, and the Iowa 28 law enforcement academy, office of the state public defender, 29 board of parole, and Iowa state civil rights commission. 30 The bill makes appropriations from the department of 31 commerce revolving fund established in Code section 546.12 to 32 the office of consumer advocate of the department of justice. 33 The office of consumer advocate is currently funded through an 34 appropriation from the general fund of the state. 35 -19- LSB 5101XG (9) 83 jm/tm 19/ 20
S.F. _____ H.F. _____ The bill removes the limitation of moneys the department of 1 corrections may use from the canteen funds established in Code 2 section 904.310 for correctional education programs. 3 The bill amends Code section 80B.11B to authorize the Iowa 4 law enforcement academy to charge more than one-half of the 5 cost of providing the basic training course, if a majority of 6 the Iowa law enforcement academy council authorizes charging 7 more than one-half the cost of providing such training. 8 Code sections 99D.14 and 99F.10 are amended to provide that 9 the portion of the regulatory fees collected for the regulatory 10 activities of special agents and gambling enforcement officers 11 of the department of public safety, division of criminal 12 investigation and associated costs, are appropriated to the 13 department of public safety to be used for such activities 14 instead of being credited to the general fund. 15 The bill amends Code section 904A.4B to provide that the 16 chairperson may act as executive director of the board of 17 parole, if the board does not appoint such a director. The 18 duties of the executive director are specified in Code section 19 904A.4B. 20 -20- LSB 5101XG (9) 83 jm/tm 20/ 20