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PAG LIN 1 1 SENATE FILE 468 1 2 1 3 AN ACT 1 4 RELATING TO AND MAKING APPROPRIATIONS TO THE JUSTICE SYSTEM AND 1 5 PROVIDING EFFECTIVE DATES. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. DEPARTMENT OF JUSTICE. There is appropriated 1 10 from the general fund of the state to the department of 1 11 justice for the fiscal year beginning July 1, 1999, and ending 1 12 June 30, 2000, the following amounts, or so much thereof as is 1 13 necessary, to be used for the purposes designated: 1 14 1. For the general office of attorney general for 1 15 salaries, support, maintenance, miscellaneous purposes 1 16 including odometer fraud enforcement, and for not more than 1 17 the following full-time equivalent positions: 1 18 .................................................. $ 8,192,153 1 19 ............................................... FTEs 190.50 1 20 2. For the prosecuting attorney training program for 1 21 salaries, support, maintenance, miscellaneous purposes, and 1 22 for not more than the following full-time equivalent 1 23 positions: 1 24 .................................................. $ 298,825 1 25 ............................................... FTEs 6.00 1 26 3. In addition to the funds appropriated in subsection 1, 1 27 there is appropriated from the general fund of the state to 1 28 the department of justice for the fiscal year beginning July 1 29 1, 1999, and ending June 30, 2000, an amount not exceeding 1 30 $200,000 to be used for the enforcement of the Iowa 1 31 competition law. The funds appropriated in this subsection 1 32 are contingent upon receipt by the general fund of the state 1 33 of an amount at least equal to the expenditure amount from 1 34 either damages awarded to the state or a political subdivision 1 35 of the state by a civil judgment under chapter 553, if the 2 1 judgment authorizes the use of the award for enforcement 2 2 purposes or costs or attorneys fees awarded the state in state 2 3 or federal antitrust actions. However, if the amounts 2 4 received as a result of these judgments are in excess of 2 5 $200,000, the excess amounts shall not be appropriated to the 2 6 department of justice pursuant to this subsection. 2 7 4. In addition to the funds appropriated in subsection 1, 2 8 there is appropriated from the general fund of the state to 2 9 the department of justice for the fiscal year beginning July 2 10 1, 1999, and ending June 30, 2000, an amount not exceeding 2 11 $150,000 to be used for public education relating to consumer 2 12 fraud and for enforcement of section 714.16, and an amount not 2 13 exceeding $75,000 for investigation, prosecution, and consumer 2 14 education relating to consumer and criminal fraud against 2 15 older Iowans. The funds appropriated in this subsection are 2 16 contingent upon receipt by the general fund of the state of an 2 17 amount at least equal to the expenditure amount from damages 2 18 awarded to the state or a political subdivision of the state 2 19 by a civil consumer fraud judgment or settlement, if the 2 20 judgment or settlement authorizes the use of the award for 2 21 public education on consumer fraud. However, if the funds 2 22 received as a result of these judgments and settlements are in 2 23 excess of $225,000, the excess funds shall not be appropriated 2 24 to the department of justice pursuant to this subsection. 2 25 5. For victim assistance grants: 2 26 .................................................. $ 1,935,806 2 27 a. The funds appropriated in this subsection shall be used 2 28 to provide grants to care providers providing services to 2 29 crime victims of domestic abuse or to crime victims of rape 2 30 and sexual assault. 2 31 b. Notwithstanding sections 8.33 and 8.39, moneys 2 32 appropriated in this subsection that remain unencumbered or 2 33 unobligated at the close of the fiscal year shall not revert 2 34 but shall remain available for expenditure during the 2 35 subsequent fiscal year for the same purpose, and shall not be 3 1 transferred to any other program. 3 2 6. For the GASA prosecuting attorney program and for not 3 3 more than the following full-time equivalent positions: 3 4 .................................................. $ 128,302 3 5 ............................................... FTEs 2.00 3 6 7. The balance of the victim compensation fund established 3 7 in section 915.94 may be used to provide salary and support of 3 8 not more than 17.00 FTEs and to provide maintenance for the 3 9 victim compensation functions of the department of justice. 3 10 8. The department of justice shall submit monthly 3 11 financial statements to the legislative fiscal bureau and the 3 12 department of management containing all appropriated accounts 3 13 in the same manner as provided in the monthly financial status 3 14 reports and personal services usage reports of the department 3 15 of revenue and finance. The monthly financial statements 3 16 shall include comparisons of the moneys and percentage spent 3 17 of budgeted to actual revenues and expenditures on a 3 18 cumulative basis for full-time equivalent positions and 3 19 available moneys. 3 20 9. a. The department of justice, in submitting budget 3 21 estimates for the fiscal year commencing July 1, 2000, 3 22 pursuant to section 8.23, shall include a report of funding 3 23 from sources other than amounts appropriated directly from the 3 24 general fund of the state to the department of justice or to 3 25 the office of consumer advocate. These funding sources shall 3 26 include, but are not limited to, reimbursements from other 3 27 state agencies, commissions, boards, or similar entities, and 3 28 reimbursements from special funds or internal accounts within 3 29 the department of justice. The department of justice shall 3 30 report actual reimbursements for the fiscal year commencing 3 31 July 1, 1998, and actual and expected reimbursements for the 3 32 fiscal year commencing July 1, 1999. 3 33 b. The department of justice shall include the report 3 34 required under paragraph "a", as well as information regarding 3 35 any revisions occurring as a result of reimbursements actually 4 1 received or expected at a later date, in a report to the co- 4 2 chairpersons and ranking members of the joint appropriations 4 3 subcommittee on the justice system and the legislative fiscal 4 4 bureau. The department of justice shall submit the report on 4 5 or before January 15, 2000. 4 6 10. For legal services for persons in poverty grants as 4 7 provided in section 13.34: 4 8 .................................................. $ 700,000 4 9 In addition to moneys appropriated in this subsection, the 4 10 executive council is authorized, in its discretion, to 4 11 disburse from the civil reparations trust fund created in 4 12 section 668A.1 an additional amount, not to exceed $250,000, 4 13 to the department of justice for use as legal services for 4 14 persons in poverty grants as provided in section 13.34. 4 15 As a condition for accepting a grant funded pursuant to 4 16 this subsection, an organization receiving a grant shall 4 17 submit a report to the general assembly by January 1, 2000, 4 18 concerning the use of any grants received during the previous 4 19 fiscal year and efforts made by the organization to find 4 20 alternative sources of revenue to replace any reductions in 4 21 federal funding for the organization. 4 22 Sec. 2. DEPARTMENT OF JUSTICE – ENVIRONMENTAL CRIMES 4 23 INVESTIGATION AND PROSECUTION – FUNDING. There is 4 24 appropriated from the environmental crime fund of the 4 25 department of justice, consisting of court-ordered fines and 4 26 penalties awarded to the department arising out of the 4 27 prosecution of environmental crimes, to the department of 4 28 justice for the fiscal year beginning July 1, 1999, and ending 4 29 June 30, 2000, an amount not exceeding $20,000 to be used by 4 30 the department, at the discretion of the attorney general, for 4 31 the investigation and prosecution of environmental crimes, 4 32 including the reimbursement of expenses incurred by county, 4 33 municipal, and other local governmental agencies cooperating 4 34 with the department in the investigation and prosecution of 4 35 environmental crimes. 5 1 The funds appropriated in this section are contingent upon 5 2 receipt by the environmental crime fund of the department of 5 3 justice of an amount at least equal to the appropriations made 5 4 in this section and received from contributions, court-ordered 5 5 restitution as part of judgments in criminal cases, and 5 6 consent decrees entered into as part of civil or regulatory 5 7 enforcement actions. However, if the funds received during 5 8 the fiscal year are in excess of $20,000, the excess funds 5 9 shall be deposited in the general fund of the state. 5 10 Notwithstanding section 8.33, moneys appropriated in this 5 11 section that remain unexpended or unobligated at the close of 5 12 the fiscal year shall not revert to the environmental crime 5 13 fund but shall remain available for expenditure for the 5 14 purpose designated until the close of the succeeding fiscal 5 15 year. 5 16 Sec. 3. OFFICE OF CONSUMER ADVOCATE. There is 5 17 appropriated from the general fund of the state to the office 5 18 of consumer advocate of the department of justice for the 5 19 fiscal year beginning July 1, 1999, and ending June 30, 2000, 5 20 the following amount, or so much thereof as is necessary, to 5 21 be used for the purposes designated: 5 22 For salaries, support, maintenance, miscellaneous purposes, 5 23 and for not more than the following full-time equivalent 5 24 positions: 5 25 .................................................. $ 2,623,170 5 26 ............................................... FTEs 32.00 5 27 Sec. 4. DEPARTMENT OF CORRECTIONS – FACILITIES. There is 5 28 appropriated from the general fund of the state to the 5 29 department of corrections for the fiscal year beginning July 5 30 1, 1999, and ending June 30, 2000, the following amounts, or 5 31 so much thereof as is necessary, to be used for the purposes 5 32 designated: 5 33 1. For the operation of adult correctional institutions, 5 34 reimbursement of counties for certain confinement costs, and 5 35 federal prison reimbursement, to be allocated as follows: 6 1 a. For the operation of the Fort Madison correctional 6 2 facility, including salaries, support, maintenance, employment 6 3 of correctional officers, miscellaneous purposes, and for not 6 4 more than the following full-time equivalent positions: 6 5 .................................................. $ 28,459,808 6 6 ............................................... FTEs 502.00 6 7 b. For the operation of the Anamosa correctional facility, 6 8 including salaries, support, maintenance, employment of 6 9 correctional officers and a part-time chaplain to provide 6 10 religious counseling to inmates of a minority race, 6 11 miscellaneous purposes, and for not more than the following 6 12 full-time equivalent positions: 6 13 .................................................. $ 23,133,514 6 14 ............................................... FTEs 394.25 6 15 Moneys are provided within this appropriation for two full- 6 16 time substance abuse counselors for the Luster Heights 6 17 facility, for the purpose of certification of a substance 6 18 abuse program at that facility. 6 19 c. For the operation of the Oakdale correctional facility, 6 20 including salaries, support, maintenance, employment of 6 21 correctional officers, miscellaneous purposes, and for not 6 22 more than the following full-time equivalent positions: 6 23 .................................................. $ 19,962,613 6 24 ............................................... FTEs 338.80 6 25 d. For the operation of the Newton correctional facility, 6 26 including salaries, support, maintenance, employment of 6 27 correctional officers, miscellaneous purposes, and for not 6 28 more than the following full-time equivalent positions: 6 29 .................................................. $ 22,013,346 6 30 ............................................... FTEs 392.25 6 31 e. For the operation of the Mt. Pleasant correctional 6 32 facility, including salaries, support, maintenance, employment 6 33 of correctional officers and a full-time chaplain to provide 6 34 religious counseling at the Oakdale and Mt. Pleasant 6 35 correctional facilities, miscellaneous purposes, and for not 7 1 more than the following full-time equivalent positions: 7 2 .................................................. $ 20,529,274 7 3 ............................................... FTEs 337.26 7 4 f. For the operation of the Rockwell City correctional 7 5 facility, including salaries, support, maintenance, employment 7 6 of correctional officers, miscellaneous purposes, and for not 7 7 more than the following full-time equivalent positions: 7 8 .................................................. $ 6,912,836 7 9 ............................................... FTEs 121.00 7 10 g. For the operation of the Clarinda correctional 7 11 facility, including salaries, support, maintenance, employment 7 12 of correctional officers, miscellaneous purposes, and for not 7 13 more than the following full-time equivalent positions: 7 14 .................................................. $ 17,440,368 7 15 ............................................... FTEs 292.75 7 16 Moneys received by the department of corrections as 7 17 reimbursement for services provided to the Clarinda youth 7 18 corporation are appropriated to the department and shall be 7 19 used for the purpose of operating the Clarinda correctional 7 20 facility. 7 21 h. For the operation of the Mitchellville correctional 7 22 facility, including salaries, support, maintenance, employment 7 23 of correctional officers, miscellaneous purposes, and for not 7 24 more than the following full-time equivalent positions: 7 25 .................................................. $ 10,844,420 7 26 ............................................... FTEs 198.96 7 27 i. For the operation of the Fort Dodge correctional 7 28 facility, including salaries, support, maintenance, employment 7 29 of correctional officers, miscellaneous purposes, and for not 7 30 more than the following full-time equivalent positions: 7 31 .................................................. $ 21,715,253 7 32 ............................................... FTEs 350.04 7 33 j. For reimbursement of counties for temporary confinement 7 34 of work release and parole violators, as provided in sections 7 35 901.7, 904.908, and 906.17 and for offenders confined pursuant 8 1 to section 904.513: 8 2 .................................................. $ 524,038 8 3 k. For federal prison reimbursement, reimbursements for 8 4 out-of-state placements, and miscellaneous contracts: 8 5 .................................................. $ 341,334 8 6 The department of corrections shall use funds appropriated 8 7 in this subsection to continue to contract for the services of 8 8 a Muslim imam. 8 9 2. a. If the inmate tort claim fund for inmate claims of 8 10 less than $100 is exhausted during the fiscal year, sufficient 8 11 funds shall be transferred from the institutional budgets to 8 12 pay approved tort claims for the balance of the fiscal year. 8 13 The warden or superintendent of each institution or 8 14 correctional facility shall designate an employee to receive, 8 15 investigate, and recommend whether to pay any properly filed 8 16 inmate tort claim for less than the above amount. The 8 17 designee's recommendation shall be approved or denied by the 8 18 warden or superintendent and forwarded to the department of 8 19 corrections for final approval and payment. The amounts 8 20 appropriated to this fund pursuant to 1987 Iowa Acts, chapter 8 21 234, section 304, subsection 2, are not subject to reversion 8 22 under section 8.33. 8 23 b. Tort claims denied at the institution shall be 8 24 forwarded to the state appeal board for their consideration as 8 25 if originally filed with that body. This procedure shall be 8 26 used in lieu of chapter 669 for inmate tort claims of less 8 27 than $100. 8 28 3. It is the intent of the general assembly that the 8 29 department of corrections shall timely fill correctional 8 30 positions authorized for correctional facilities pursuant to 8 31 this section. 8 32 Sec. 5. DEPARTMENT OF CORRECTIONS – ADMINISTRATION. 8 33 There is appropriated from the general fund of the state to 8 34 the department of corrections for the fiscal year beginning 8 35 July 1, 1999, and ending June 30, 2000, the following amounts, 9 1 or so much thereof as is necessary, to be used for the 9 2 purposes designated: 9 3 1. For general administration, including salaries, 9 4 support, maintenance, employment of an education director and 9 5 clerk to administer a centralized education program for the 9 6 correctional system, miscellaneous purposes, and for not more 9 7 than the following full-time equivalent positions: 9 8 .................................................. $ 4,416,916 9 9 ............................................... FTEs 37.18 9 10 The department shall monitor the use of the classification 9 11 model by the judicial district departments of correctional 9 12 services and has the authority to override a district 9 13 department's decision regarding classification of community- 9 14 based clients. The department shall notify a district 9 15 department of the reasons for the override. 9 16 It is the intent of the general assembly that as a 9 17 condition of receiving the appropriation provided in this 9 18 subsection, the department of corrections shall not enter into 9 19 a new contract, unless the contract is a renewal of an 9 20 existing contract, for the expenditure of moneys in excess of 9 21 $100,000 during the fiscal year beginning July 1, 1999, for 9 22 the privatization of services performed by the department 9 23 using state employees as of July 1, 1999, or for the 9 24 privatization of new services by the department, without prior 9 25 consultation with any applicable state employee organization 9 26 affected by the proposed new contract and prior notification 9 27 of the co-chairpersons and ranking members of the joint 9 28 appropriations subcommittee on the justice system. 9 29 The department of general services shall, notwithstanding 9 30 any provisions of law or rule to the contrary, permit the 9 31 department of corrections the opportunity to acquire, at no 9 32 cost, computers that would otherwise be disposed of by the 9 33 department of general services. The department of corrections 9 34 shall use computers acquired under this paragraph to provide 9 35 educational training and programs for inmates. 10 1 It is the intent of the general assembly that each lease 10 2 negotiated by the department of corrections with a private 10 3 corporation for the purpose of providing private industry 10 4 employment of inmates in a correctional institution shall 10 5 prohibit the private corporation from utilizing inmate labor 10 6 for partisan political purposes for any person seeking 10 7 election to public office in this state and that a violation 10 8 of this requirement shall result in a termination of the lease 10 9 agreement. 10 10 It is the intent of the general assembly that as a 10 11 condition of receiving the appropriation provided in this 10 12 subsection, the department of corrections shall not enter into 10 13 a lease or contractual agreement pursuant to section 904.809 10 14 with a private corporation for the use of building space for 10 15 the purpose of providing inmate employment without providing 10 16 that the terms of the lease or contract establish safeguards 10 17 to restrict, to the greatest extent feasible, access by 10 18 inmates working for the private corporation to personal 10 19 identifying information of citizens. 10 20 It is the intent of the general assembly that as a 10 21 condition of receiving the appropriation provided in this 10 22 subsection, the department of corrections shall not enter into 10 23 any new agreement with a private for-profit agency or 10 24 corporation for the purpose of transferring inmates under the 10 25 custody of the department to a jail or correctional facility 10 26 or institution in this state which is established, maintained, 10 27 or operated by a private for-profit agency or corporation 10 28 without prior approval by the general assembly. 10 29 2. For salaries, support, maintenance, miscellaneous 10 30 purposes, and for not more than the following full-time 10 31 equivalent positions at the correctional training center at 10 32 Mt. Pleasant: 10 33 .................................................. $ 486,847 10 34 ............................................... FTEs 8.07 10 35 3. For annual payment relating to the financial 11 1 arrangement for the construction of expansion in prison 11 2 capacity as provided in 1990 Iowa Acts, chapter 1257, section 11 3 24: 11 4 .................................................. $ 3,180,815 11 5 4. For educational programs for inmates at state penal 11 6 institutions: 11 7 .................................................. $ 3,294,775 11 8 It is the intent of the general assembly that moneys 11 9 appropriated in this subsection shall be used solely for the 11 10 purpose indicated and that the moneys shall not be transferred 11 11 for any other purpose. In addition, it is the intent of the 11 12 general assembly that the department shall consult with the 11 13 community colleges in the areas in which the institutions are 11 14 located to utilize moneys appropriated in this subsection to 11 15 fund the high school completion, high school equivalency 11 16 diploma, adult literacy, and adult basic education programs in 11 17 a manner so as to maintain these programs at the institutions. 11 18 To maximize the funding for educational programs, the 11 19 department shall establish guidelines and procedures to 11 20 prioritize the availability of educational and vocational 11 21 training for inmates based upon the goal of facilitating an 11 22 inmate's successful release from the correctional institution. 11 23 Notwithstanding section 8.33, moneys appropriated in this 11 24 subsection that remain unobligated or unexpended at the close 11 25 of the fiscal year shall not revert but shall remain available 11 26 for expenditure only for the purposes designated in this 11 27 subsection until the close of the succeeding fiscal year. 11 28 5. The department of corrections shall submit a report to 11 29 the general assembly on January 1, 2000, concerning progress 11 30 made in implementing the requirements of section 904.701, 11 31 concerning hard labor by inmates. 11 32 6. It is the intent of the general assembly that the 11 33 department of corrections shall continue to operate the 11 34 correctional farms under the control of the department at the 11 35 same or greater level of participation and involvement as 12 1 existed as of January 1, 1999, shall not enter into any rental 12 2 agreement or contract concerning any farmland under the 12 3 control of the department that is not subject to a rental 12 4 agreement or contract as of January 1, 1999, without prior 12 5 legislative approval, and shall further attempt to provide job 12 6 opportunities at the farms for inmates. The department shall 12 7 attempt to provide job opportunities at the farms for inmates 12 8 by encouraging labor-intensive farming or gardening where 12 9 appropriate, using inmates to grow produce and meat for 12 10 institutional consumption, researching the possibility of 12 11 instituting food canning and cook-and-chill operations, and 12 12 exploring opportunities for organic farming and gardening, 12 13 livestock ventures, horticulture, and specialized crops. 12 14 7. The department of corrections shall submit a report to 12 15 the general assembly by January 1, 2000, concerning moneys 12 16 recouped from inmate earnings for the reimbursement of 12 17 operational expenses of the applicable facility during the 12 18 fiscal year beginning July 1, 1998, for each correctional 12 19 institution and judicial district department of correctional 12 20 services. In addition, each correctional institution and 12 21 judicial district department of correctional services shall 12 22 continue to submit a report to each member of the joint 12 23 appropriations subcommittee on the justice system and the 12 24 legislative fiscal bureau on a monthly basis concerning moneys 12 25 recouped from inmate earnings for the reimbursement of 12 26 operational expenses for each correctional institution and 12 27 district department during the previous calendar month. 12 28 8. The department of corrections shall submit a report to 12 29 the general assembly by January 10, 2000, concerning the 12 30 medical treatment of inmates at the Fort Madison correctional 12 31 facility. The study shall examine the current method of 12 32 providing medical treatment and care to inmates through a 12 33 contract with a private entity and shall particularly study 12 34 the costs associated with providing care through the private 12 35 contract and the level of care provided to inmates pursuant to 13 1 that contract. The department shall compare the costs and 13 2 care provided at Fort Madison with the costs and care provided 13 3 at other correctional facilities that do not provide the care 13 4 through a private contract. In addition, the department shall 13 5 solicit input from medical care professionals, including those 13 6 professionals within the department and others, if applicable, 13 7 concerning the level of care provided to inmates at Fort 13 8 Madison and to solicit suggestions for providing a high level 13 9 of care at the facility at reasonable cost. The study shall 13 10 include a report of the findings and recommendations of the 13 11 department. 13 12 9. It is the intent of the general assembly that the 13 13 department of corrections, in submitting its proposed budget 13 14 request for the fiscal year beginning July 1, 2000, exclude 13 15 requests for full-time equivalent positions, and the moneys 13 16 for those positions, which would otherwise be included for the 13 17 sole purpose of providing the department with additional 13 18 moneys to operate the department and not for the purpose of 13 19 providing additional full-time equivalent positions. In 13 20 addition, the department of corrections shall submit a report 13 21 to the general assembly by January 31, 2000, listing full-time 13 22 equivalent positions authorized by this Act and not filled 13 23 during the period from July 1, 1999, to January 1, 2000. For 13 24 any position that is unfilled as of January 1, 2000, the 13 25 department shall indicate why the position remains unfilled, 13 26 whether the department intends to fill the position, and, if 13 27 applicable, what efforts are being made, or will be made, to 13 28 fill the position. 13 29 Sec. 6. DEPARTMENT OF CORRECTIONS – PRISON INFRASTRUCTURE 13 30 FUND. Notwithstanding sections 8.33, 8.39, and 602.8108A, the 13 31 department of corrections shall direct the treasurer of state 13 32 to transfer on June 30, 1999, $1,500,000 of the unused balance 13 33 of moneys in the Iowa prison infrastructure fund created in 13 34 section 602.8108A, to the department of corrections and the 13 35 moneys transferred are appropriated to be used for the 14 1 purposes designated: 14 2 1. For one-time start-up costs for equipment and 14 3 furnishings at the Iowa correctional institution for women: 14 4 .................................................. $ 500,000 14 5 2. For one-time start-up costs for equipment and 14 6 furnishings at the Fort Dodge correctional facility: 14 7 .................................................. $ 1,000,000 14 8 Sec. 7. DEPARTMENT OF CORRECTIONS – SUPPLEMENTAL 14 9 APPROPRIATIONS. There is appropriated from the general fund 14 10 of the state to the department of corrections for the fiscal 14 11 year beginning July 1, 1998, and ending June 30, 1999, to 14 12 supplement the appropriation made in 1998 Iowa Acts, chapter 14 13 1222, section 4, the following amounts, or so much thereof as 14 14 is necessary, to be used for the purposes designated: 14 15 1. For payment of contracts to house female prisoners out 14 16 of state: 14 17 .................................................. $ 547,000 14 18 2. For the establishment of a 100-bed special needs unit 14 19 for women at the Mt. Pleasant correctional facility: 14 20 .................................................. $ 284,000 14 21 3. For offset of revenue budgeted for private sector 14 22 employment of inmates: 14 23 .................................................. $ 762,756 14 24 Sec. 8. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 14 25 SERVICES. 14 26 1. There is appropriated from the general fund of the 14 27 state to the department of corrections for the fiscal year 14 28 beginning July 1, 1999, and ending June 30, 2000, the 14 29 following amounts, or so much thereof as is necessary, to be 14 30 allocated as follows: 14 31 a. For the first judicial district department of 14 32 correctional services, including the treatment and supervision 14 33 of probation and parole violators who have been released from 14 34 the department of corrections violator program, the following 14 35 amount, or so much thereof as is necessary: 15 1 .................................................. $ 8,286,344 15 2 b. For the second judicial district department of 15 3 correctional services, including the treatment and supervision 15 4 of probation and parole violators who have been released from 15 5 the department of corrections violator program, the following 15 6 amount, or so much thereof as is necessary: 15 7 .................................................. $ 6,671,873 15 8 c. For the third judicial district department of 15 9 correctional services, including the treatment and supervision 15 10 of probation and parole violators who have been released from 15 11 the department of corrections violator program, the following 15 12 amount, or so much thereof as is necessary: 15 13 .................................................. $ 4,003,837 15 14 d. For the fourth judicial district department of 15 15 correctional services, including the treatment and supervision 15 16 of probation and parole violators who have been released from 15 17 the department of corrections violator program, the following 15 18 amount, or so much thereof as is necessary: 15 19 .................................................. $ 3,096,242 15 20 e. For the fifth judicial district department of 15 21 correctional services, including the treatment and supervision 15 22 of probation and parole violators who have been released from 15 23 the department of corrections violator program, the following 15 24 amount, or so much thereof as is necessary: 15 25 .................................................. $ 11,493,706 15 26 f. For the sixth judicial district department of 15 27 correctional services, including the treatment and supervision 15 28 of probation and parole violators who have been released from 15 29 the department of corrections violator program, the following 15 30 amount, or so much thereof as is necessary: 15 31 .................................................. $ 8,619,394 15 32 g. For the seventh judicial district department of 15 33 correctional services, including the treatment and supervision 15 34 of probation and parole violators who have been released from 15 35 the department of corrections violator program, the following 16 1 amount, or so much thereof as is necessary: 16 2 .................................................. $ 5,094,102 16 3 h. For the eighth judicial district department of 16 4 correctional services, including the treatment and supervision 16 5 of probation and parole violators who have been released from 16 6 the department of corrections violator program, the following 16 7 amount, or so much thereof as is necessary: 16 8 .................................................. $ 4,899,801 16 9 i. For the department of corrections for the assistance 16 10 and support of each judicial district department of 16 11 correctional services, the following amount, or so much 16 12 thereof as is necessary: 16 13 .................................................. $ 83,576 16 14 2. Each judicial district department of correctional 16 15 services shall continue programs and plans established within 16 16 that district to provide for intensive supervision, sex 16 17 offender treatment, diversion of low-risk offenders to the 16 18 least restrictive sanction available, job development, and 16 19 expanded use of intermediate criminal sanctions. 16 20 3. The department of corrections shall continue to 16 21 contract with a judicial district department of correctional 16 22 services to provide for the rental of electronic monitoring 16 23 equipment which shall be available statewide. 16 24 4. Each judicial district department of correctional 16 25 services and the department of corrections shall continue the 16 26 treatment alternatives to street crime programs established in 16 27 1989 Iowa Acts, chapter 225, section 9. 16 28 5. The governor's alliance on substance abuse shall 16 29 consider federal grants made to the department of corrections 16 30 for the benefit of each of the eight judicial district 16 31 departments of correctional services as local government 16 32 grants, as defined pursuant to federal regulations. 16 33 6. Each judicial district department of correctional 16 34 services shall provide a report concerning the treatment and 16 35 supervision of probation and parole violators who have been 17 1 released from the department of corrections violator program, 17 2 to the co-chairpersons and ranking members of the joint 17 3 appropriations subcommittee on the justice system and the 17 4 legislative fiscal bureau, on or before January 15, 2000. 17 5 7. In addition to the requirements of section 8.39, the 17 6 department of corrections shall not make an intradepartmental 17 7 transfer of moneys appropriated to the department, unless 17 8 notice of the intradepartmental transfer is given prior to its 17 9 effective date to the legislative fiscal bureau. The notice 17 10 shall include information on the department's rationale for 17 11 making the transfer and details concerning the work load and 17 12 performance measures upon which the transfers are based. 17 13 8. Each judicial district department of correctional 17 14 services shall submit a report to the general assembly by 17 15 January 8, 2000, concerning what action, if any, the district 17 16 department has taken in order to implement, or not implement, 17 17 an intermediate criminal sanctions program as provided by 17 18 section 901B.1. If the district department has implemented 17 19 such a program, the report shall include information as to the 17 20 effectiveness of the program. 17 21 Sec. 9. CORRECTIONAL INSTITUTIONS – VOCATIONAL TRAINING. 17 22 1. The state prison industries board and the department of 17 23 corrections shall continue the implementation of a plan to 17 24 enhance vocational training opportunities within the 17 25 correctional institutions listed in section 904.102, as 17 26 provided in 1993 Iowa Acts, chapter 171, section 12. The plan 17 27 shall provide for increased vocational training opportunities 17 28 within the correctional institutions, including the 17 29 possibility of approving community college credit for inmates 17 30 working in prison industries. The department of corrections 17 31 shall provide a report concerning the implementation of the 17 32 plan to the co-chairpersons and ranking members of the joint 17 33 appropriations subcommittee on the justice system and the 17 34 legislative fiscal bureau, on or before January 15, 2000. 17 35 2. It is the intent of the general assembly that each 18 1 correctional facility make all reasonable efforts to maintain 18 2 vocational education programs for inmates and to identify 18 3 available funding sources to continue these programs. The 18 4 department of corrections shall submit a report to the general 18 5 assembly by January 1, 2000, concerning the efforts made by 18 6 each correctional facility in maintaining vocational education 18 7 programs for inmates. 18 8 Sec. 10. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 18 9 1. As used in this section, unless the context otherwise 18 10 requires, "state agency" means the government of the state of 18 11 Iowa, including but not limited to all executive departments, 18 12 agencies, boards, bureaus, and commissions, the judicial 18 13 branch, the general assembly and all legislative agencies, 18 14 institutions within the purview of the state board of regents, 18 15 and any corporation whose primary function is to act as an 18 16 instrumentality of the state. 18 17 2. State agencies are hereby encouraged to purchase 18 18 products from Iowa state industries, as defined in section 18 19 904.802, when purchases are required and the products are 18 20 available from Iowa state industries. 18 21 3. State agencies shall submit to the legislative fiscal 18 22 bureau by January 15, 2000, a report of the dollar value of 18 23 products and services purchased from Iowa state industries by 18 24 the state agency during the fiscal year beginning July 1, 18 25 1998, and ending June 30, 1999. 18 26 Sec. 11. STATE PUBLIC DEFENDER. There is appropriated 18 27 from the general fund of the state to the office of the state 18 28 public defender of the department of inspections and appeals 18 29 for the fiscal year beginning July 1, 1999, and ending June 18 30 30, 2000, the following amount, or so much thereof as is 18 31 necessary, for the purposes designated: 18 32 .................................................. $ 33,790,652 18 33 The funds appropriated and full-time equivalent positions 18 34 authorized in this section are allocated as follows: 18 35 1. For salaries, support, maintenance, and miscellaneous 19 1 purposes, and for not more than the following full-time 19 2 equivalent positions: 19 3 .................................................. $ 13,389,276 19 4 ............................................... FTEs 201.00 19 5 2. For the fees of court-appointed attorneys for indigent 19 6 adults and juveniles, in accordance with section 232.141 and 19 7 chapter 815: 19 8 .................................................. $ 20,401,376 19 9 Sec. 12. JUDICIAL BRANCH. There is appropriated from the 19 10 general fund of the state to the judicial branch for the 19 11 fiscal year beginning July 1, 1999, and ending June 30, 2000, 19 12 the following amounts, or so much thereof as is necessary, to 19 13 be used for the purposes designated: 19 14 1. For salaries of supreme court justices, appellate court 19 15 judges, district court judges, district associate judges, 19 16 judicial magistrates and staff, state court administrator, 19 17 clerk of the supreme court, district court administrators, 19 18 clerks of the district court, juvenile court officers, board 19 19 of law examiners and board of examiners of shorthand reporters 19 20 and judicial qualifications commission, receipt and 19 21 disbursement of child support payments, reimbursement of the 19 22 auditor of state for expenses incurred in completing audits of 19 23 the offices of the clerks of the district court during the 19 24 fiscal year beginning July 1, 1999, and maintenance, 19 25 equipment, and miscellaneous purposes: 19 26 .................................................. $105,040,435 19 27 a. The judicial branch, except for purposes of internal 19 28 processing, shall use the current state budget system, the 19 29 state payroll system, and the Iowa finance and accounting 19 30 system in administration of programs and payments for 19 31 services, and shall not duplicate the state payroll, 19 32 accounting, and budgeting systems. 19 33 b. The judicial branch shall submit monthly financial 19 34 statements to the legislative fiscal bureau and the department 19 35 of management containing all appropriated accounts in the same 20 1 manner as provided in the monthly financial status reports and 20 2 personal services usage reports of the department of revenue 20 3 and finance. The monthly financial statements shall include a 20 4 comparison of the dollars and percentage spent of budgeted 20 5 versus actual revenues and expenditures on a cumulative basis 20 6 for full-time equivalent positions and dollars. 20 7 c. The judicial branch shall continue to assist in the 20 8 development and implementation of a justice data warehouse 20 9 which shall include in the Iowa court information system 20 10 starting with appointments of counsel made on or after July 1, 20 11 1999, the means to identify any case where the court has 20 12 determined indigence, and whether the case is handled by a 20 13 public defender or other court-appointed counsel. 20 14 d. Of the funds appropriated in this subsection, not more 20 15 than $1,897,728 may be transferred into the revolving fund 20 16 established pursuant to section 602.1302, subsection 3, to be 20 17 used for the payment of jury and witness fees and mileage. 20 18 e. The judicial branch shall focus efforts upon the 20 19 collection of delinquent fines, penalties, court costs, fees, 20 20 surcharges, or similar amounts. 20 21 f. It is the intent of the general assembly that the 20 22 offices of the clerks of the district court operate in all 20 23 ninety-nine counties and be accessible to the public as much 20 24 as is reasonably possible in order to address the relative 20 25 needs of the citizens of each county. 20 26 g. In addition to the requirements for transfers under 20 27 section 8.39, the judicial branch shall not change the 20 28 appropriations from the amounts appropriated to the branch in 20 29 this Act, unless notice of the revisions is given prior to 20 30 their effective date to the legislative fiscal bureau. The 20 31 notice shall include information on the branch's rationale for 20 32 making the changes and details concerning the work load and 20 33 performance measures upon which the changes are based. 20 34 h. The judicial branch shall provide to the co- 20 35 chairpersons and ranking members of the joint appropriations 21 1 subcommittee on the justice system and to the legislative 21 2 fiscal bureau by January 15, 2000, an annual report concerning 21 3 the operation and use of the Iowa court information system and 21 4 any recommendations to improve the utilization of the system. 21 5 The annual report shall include information specifying the 21 6 amounts of fines, surcharges, and court costs collected using 21 7 the system and how the system is used to improve the 21 8 collection process. The report shall also include information 21 9 concerning efforts made by the judicial branch to facilitate 21 10 the sharing of vital sentencing and other information with 21 11 other state departments and governmental agencies involved in 21 12 the criminal justice system through the Iowa court information 21 13 system. In addition, the judicial branch shall submit a 21 14 semiannual update to the co-chairpersons and ranking members 21 15 specifying the amounts of fines, surcharges, and court costs 21 16 collected using the Iowa court information system since the 21 17 last report. 21 18 i. Of the funds appropriated in this subsection, the 21 19 judicial branch shall use not more than $679,843 for an 21 20 additional 4 district court judges, 4 court reporters, 3 court 21 21 attendants, and 1 legal assistant. The additional district 21 22 court judges shall be authorized and assigned as follows: 21 23 (1) Beginning July 1, 1999, three of the additional 21 24 district court judges shall be authorized and shall be 21 25 assigned, one each, to judicial election subdistricts one-B 21 26 and five-C and to judicial election district 7. 21 27 (2) Beginning January 1, 2000, one of the additional 21 28 district court judges shall be authorized and shall be 21 29 assigned to judicial election subdistrict five-C. 21 30 j. The judicial branch shall provide a report to the 21 31 general assembly by January 1, 2000, concerning the amounts 21 32 received and expended from the enhanced court collections fund 21 33 created in section 602.1304 and the court technology and 21 34 modernization fund created in section 602.8108, subsection 4, 21 35 during the fiscal year beginning July 1, 1998, and ending June 22 1 30, 1999, and the plans for expenditures from each fund during 22 2 the fiscal year beginning July 1, 1999, and ending June 30, 22 3 2000. 22 4 k. The judicial branch shall conduct a study on the method 22 5 of allocating district court judges and district associate 22 6 judges and shall submit a report to the general assembly by 22 7 January 1, 2000, with its findings and recommendations. In 22 8 conducting its study, the judicial branch shall examine the 22 9 current method of allocating district court judges and 22 10 district associate judges as provided in Code sections 22 11 602.6201 and 602.6301, and shall make findings and 22 12 recommendations as to whether or not the methods provided in 22 13 those sections represent the best mechanism for allocating 22 14 judges amongst judicial districts and counties. 22 15 2. For the juvenile victim restitution program: 22 16 .................................................. $ 210,291 22 17 Sec. 13. ENHANCED COURT COLLECTIONS FUND. Notwithstanding 22 18 section 602.1304, subsection 2, for the fiscal year beginning 22 19 July 1, 1999, and ending June 30, 2000, the maximum deposit 22 20 amount for the enhanced court collections fund shall be 22 21 $5,000,000. For succeeding fiscal years, the maximum deposit 22 22 amount shall be determined in accordance with section 22 23 602.1304, subsection 2, and the maximum deposit amount shall 22 24 not be increased due to the increase made in this section. 22 25 Sec. 14. JUDICIAL RETIREMENT FUND. There is appropriated 22 26 from the general fund of the state to the judicial retirement 22 27 fund for the fiscal year beginning July 1, 1999, and ending 22 28 June 30, 2000, the following amount, or so much thereof as is 22 29 necessary, to be used for the purpose designated: 22 30 For the state's contribution to the judicial retirement 22 31 fund established in section 602.9104, in the amount of 23.7 22 32 percent of the basic salaries of the judges covered under 22 33 chapter 602, article 9: 22 34 .................................................. $ 4,202,697 22 35 Sec. 15. INDIGENT DEFENSE COSTS. The supreme court shall 23 1 submit a written report for the preceding fiscal year no later 23 2 than January 1, 2000, indicating the amounts collected 23 3 pursuant to section 815.9A, relating to recovery of indigent 23 4 defense costs. The report shall include the total amount 23 5 collected by all courts, as well as the amounts collected by 23 6 each judicial district. The supreme court shall also submit a 23 7 written report quarterly indicating the number of criminal and 23 8 juvenile filings which occur in each judicial district for 23 9 purposes of estimating indigent defense costs. A copy of each 23 10 report shall be provided to the public defender, the 23 11 department of management, and the legislative fiscal bureau. 23 12 The judicial branch shall continue to assist in the 23 13 development of an automated data system for use in the sharing 23 14 of information utilizing the generic program interface for 23 15 legislative and executive branch uses. 23 16 Sec. 16. IOWA CORRECTIONS OFFENDER NETWORK DATA SYSTEM. 23 17 The department of corrections shall submit a report to the co- 23 18 chairpersons and ranking members of the joint appropriations 23 19 subcommittee on the justice system and the legislative fiscal 23 20 bureau, on or before January 15, 2000, concerning the 23 21 development and implementation of the Iowa corrections 23 22 offender network (ICON) data system. The report shall include 23 23 a description of the system and functions, a plan for 23 24 implementation of the system, including a timeline, resource 23 25 and staffing requirements for the system, and a current status 23 26 and progress report concerning the implementation of the 23 27 system. In addition, the report shall specifically address 23 28 the ability of the system to receive and transmit data between 23 29 prisons, community-based corrections district departments, the 23 30 judicial branch, board of parole, the criminal and juvenile 23 31 justice planning division of the department of human rights, 23 32 the department of public safety, and other applicable 23 33 governmental agencies. The report should include a detailed 23 34 discussion of the cooperation with other state agencies and 23 35 the judicial branch in the development and implementation of 24 1 the system. 24 2 Sec. 17. IOWA LAW ENFORCEMENT ACADEMY. There is 24 3 appropriated from the general fund of the state to the Iowa 24 4 law enforcement academy for the fiscal year beginning July 1, 24 5 1999, and ending June 30, 2000, the following amounts, or so 24 6 much thereof as is necessary, to be used for the purposes 24 7 designated: 24 8 1. For salaries, support, maintenance, miscellaneous 24 9 purposes, including jailer training and technical assistance, 24 10 and for not more than the following full-time equivalent 24 11 positions: 24 12 .................................................. $ 1,329,629 24 13 ............................................... FTEs 30.55 24 14 It is the intent of the general assembly that the Iowa law 24 15 enforcement academy may provide training of state and local 24 16 law enforcement personnel concerning the recognition of and 24 17 response to persons with Alzheimer's disease. 24 18 2. The Iowa law enforcement academy may select at least 24 19 five automobiles of the department of public safety, division 24 20 of the Iowa state patrol, prior to turning over the 24 21 automobiles to the state fleet administrator to be disposed of 24 22 by public auction and the Iowa law enforcement academy may 24 23 exchange any automobile owned by the academy for each 24 24 automobile selected if the selected automobile is used in 24 25 training law enforcement officers at the academy. However, 24 26 any automobile exchanged by the academy shall be substituted 24 27 for the selected vehicle of the department of public safety 24 28 and sold by public auction with the receipts being deposited 24 29 in the depreciation fund to the credit of the department of 24 30 public safety, division of the Iowa state patrol. 24 31 Sec. 18. BOARD OF PAROLE. There is appropriated from the 24 32 general fund of the state to the board of parole for the 24 33 fiscal year beginning July 1, 1999, and ending June 30, 2000, 24 34 the following amount, or so much thereof as is necessary, to 24 35 be used for the purposes designated: 25 1 For salaries, support, maintenance, including maintenance 25 2 of an automated docket and the board's automated risk 25 3 assessment model, employment of two statistical research 25 4 analysts to assist with the application of the risk assessment 25 5 model in the parole decision-making process, miscellaneous 25 6 purposes, and for not more than the following full-time 25 7 equivalent positions: 25 8 .................................................. $ 1,018,547 25 9 ............................................... FTEs 18.00 25 10 A portion of the funds appropriated in this section shall 25 11 be used to continue a pilot program for probation violations 25 12 in the sixth judicial district department of correctional 25 13 services. Data shall be maintained to evaluate the pilot 25 14 program. 25 15 Sec. 19. DEPARTMENT OF PUBLIC DEFENSE. There is 25 16 appropriated from the general fund of the state to the 25 17 department of public defense for the fiscal year beginning 25 18 July 1, 1999, and ending June 30, 2000, the following amounts, 25 19 or so much thereof as is necessary, to be used for the 25 20 purposes designated: 25 21 1. MILITARY DIVISION 25 22 For salaries, support, maintenance, miscellaneous purposes, 25 23 and for not more than the following full-time equivalent 25 24 positions: 25 25 .................................................. $ 4,696,387 25 26 ............................................... FTEs 224.76 25 27 If there is a surplus in the general fund of the state for 25 28 the fiscal year ending June 30, 2000, within 60 days after the 25 29 close of the fiscal year, the military division may incur up 25 30 to an additional $500,000 in expenditures from the surplus 25 31 prior to transfer of the surplus pursuant to section 8.57. 25 32 2. EMERGENCY MANAGEMENT DIVISION 25 33 For salaries, support, maintenance, miscellaneous purposes, 25 34 and for not more than the following full-time equivalent 25 35 positions: 26 1 .................................................. $ 898,541 26 2 ............................................... FTEs 25.25 26 3 Sec. 20. DEPARTMENT OF PUBLIC SAFETY. There is 26 4 appropriated from the general fund of the state to the 26 5 department of public safety for the fiscal year beginning July 26 6 1, 1999, and ending June 30, 2000, the following amounts, or 26 7 so much thereof as is necessary, to be used for the purposes 26 8 designated: 26 9 1. For the department's administrative functions, 26 10 including the criminal justice information system, and for not 26 11 more than the following full-time equivalent positions: 26 12 .................................................. $ 2,474,051 26 13 ............................................... FTEs 38.80 26 14 2. For the division of criminal investigation and bureau 26 15 of identification including the state's contribution to the 26 16 peace officers' retirement, accident, and disability system 26 17 provided in chapter 97A in the amount of 17 percent of the 26 18 salaries for which the funds are appropriated, to meet federal 26 19 fund matching requirements, and for not more than the 26 20 following full-time equivalent positions: 26 21 .................................................. $ 11,759,610 26 22 ............................................... FTEs 227.50 26 23 Riverboat enforcement costs shall be billed in accordance 26 24 with section 99F.10, subsection 4. The costs shall be not 26 25 more than the department's estimated expenditures, including 26 26 salary adjustment, for riverboat enforcement for the fiscal 26 27 year. 26 28 The department of public safety, with the approval of the 26 29 department of management, may employ no more than two special 26 30 agents and four gaming enforcement officers for each 26 31 additional riverboat regulated after July 1, 1999, and one 26 32 special agent for each racing facility which becomes 26 33 operational during the fiscal year which begins July 1, 1999. 26 34 One additional gaming enforcement officer, up to a total of 26 35 four per boat, may be employed for each riverboat that has 27 1 extended operations to 24 hours and has not previously 27 2 operated with a 24-hour schedule. Positions authorized in 27 3 this paragraph are in addition to the full-time equivalent 27 4 positions authorized in this subsection. 27 5 3. a. For the division of narcotics enforcement, 27 6 including the state's contribution to the peace officers' 27 7 retirement, accident, and disability system provided in 27 8 chapter 97A in the amount of 17 percent of the salaries for 27 9 which the funds are appropriated, to meet federal fund 27 10 matching requirements, and for not more than the following 27 11 full-time equivalent positions: 27 12 .................................................. $ 2,845,587 27 13 ............................................... FTEs 48.00 27 14 b. For the division of narcotics enforcement for 27 15 undercover purchases: 27 16 .................................................. $ 139,202 27 17 4. For the state fire marshal's office, including the 27 18 state's contribution to the peace officers' retirement, 27 19 accident, and disability system provided in chapter 97A in the 27 20 amount of 17 percent of the salaries for which the funds are 27 21 appropriated, and for not more than the following full-time 27 22 equivalent positions: 27 23 .................................................. $ 1,629,621 27 24 ............................................... FTEs 31.80 27 25 5. For the capitol security division, including the 27 26 state's contribution to the peace officers' retirement, 27 27 accident, and disability system provided in chapter 97A in the 27 28 amount of 17 percent of the salaries for which the funds are 27 29 appropriated and for not more than the following full-time 27 30 equivalent positions: 27 31 .................................................. $ 1,307,615 27 32 ............................................... FTEs 27.00 27 33 6. For the division of the Iowa state patrol of the 27 34 department of public safety, for salaries, support, 27 35 maintenance, workers' compensation costs, and miscellaneous 28 1 purposes, including the state's contribution to the peace 28 2 officers' retirement, accident, and disability system provided 28 3 in chapter 97A in the amount of 17 percent of the salaries for 28 4 which the funds are appropriated, and for not more than the 28 5 following full-time equivalent positions: 28 6 .................................................. $ 37,090,282 28 7 ............................................... FTEs 574.25 28 8 7. For costs associated with the maintenance of the 28 9 automated fingerprint information system (AFIS): 28 10 .................................................. $ 269,425 28 11 8. An employee of the department of public safety who 28 12 retires after July 1, 1999, but prior to June 30, 2000, is 28 13 eligible for payment of life or health insurance premiums as 28 14 provided for in the collective bargaining agreement covering 28 15 the public safety bargaining unit at the time of retirement if 28 16 that employee previously served in a position which would have 28 17 been covered by the agreement. The employee shall be given 28 18 credit for the service in that prior position as though it 28 19 were covered by that agreement. The provisions of this 28 20 subsection shall not operate to reduce any retirement benefits 28 21 an employee may have earned under other collective bargaining 28 22 agreements or retirement programs. 28 23 9. For costs associated with the training and equipment 28 24 needs of volunteer fire fighters and for not more than the 28 25 following full-time equivalent positions: 28 26 .................................................. $ 709,405 28 27 ............................................... FTEs 1.00 28 28 Notwithstanding section 8.33, moneys appropriated in this 28 29 subsection that remain unobligated or unexpended at the close 28 30 of the fiscal year shall not revert but shall remain available 28 31 for expenditure only for the purpose designated in this 28 32 subsection until the close of the succeeding fiscal year. 28 33 10. For the state medical examiner and for not more than 28 34 the following full-time equivalent positions: 28 35 .................................................. $ 357,036 29 1 ............................................... FTEs 4.00 29 2 Any fees collected by the department of public safety, or 29 3 the department of public health, if applicable, for autopsies 29 4 performed by the office of the state medical examiner shall be 29 5 deposited in the general fund of the state. 29 6 If 1999 Iowa Acts, Senate File 376, or other legislation 29 7 transferring the medical examiner office and associated 29 8 appropriations, is enacted, the moneys appropriated in this 29 9 subsection shall instead be appropriated as provided in that 29 10 Act. 29 11 11. The department of public safety shall conduct a study, 29 12 and submit a report of its findings and recommendations, to 29 13 the general assembly by January 10, 2000, concerning the 29 14 feasibility of providing members of the Iowa state patrol with 29 15 cellular, or other similar wireless, telephones and 29 16 accompanying service. In conducting its study, the department 29 17 shall examine and include findings on the cost of providing 29 18 the telephones and service to members of the state patrol and 29 19 on what type of telephone and service would be the most 29 20 effective in assisting members of the state patrol. The 29 21 department shall consult with members of the Iowa state patrol 29 22 in conducting its study. 29 23 Sec. 21. Section 423.24, subsection 2, Code 1999, is 29 24 amended to read as follows: 29 25 2. Notwithstanding any other provision of this section 29 26 that provides that all revenue derived from the use tax on 29 27 motor vehicles, trailers, and motor vehicle accessories and 29 28 equipment as collected pursuant to section 423.7 shall be 29 29 deposited and credited to the road use tax fund, twenty 29 30 percent of the revenues shall be credited and deposited as 29 31 follows: one-half to the road use tax fund and one-half to 29 32 the primary road fund to be used for the commercial and 29 33 industrial highway network, except to the extent that the29 34department directs that moneys are deposited in the highway29 35safety patrol fund created in section 80.41 to fund the30 1appropriations made from the highway safety patrol fund in30 2accordance with the provisions of section 80.41.The30 3department shall determine the amount of moneys to be credited30 4under this subsection to the highway safety patrol fund and30 5shall deposit that amount into the highway safety patrol fund.30 6 Sec. 22. Section 602.6201, subsection 10, Code 1999, is 30 7 amended to read as follows: 30 8 10. Notwithstanding the formula for determining the number 30 9 of judgeships in this section, the number of district judges 30 10 shall not exceed one hundredtwelvesixteen during the period 30 11 commencing July 1,19971999. 30 12 Sec. 23. Section 904.508A, Code 1999, is amended to read 30 13 as follows: 30 14 904.508A INMATE TELEPHONE REBATE FUND. 30 15 The department is authorized to establish and maintain an 30 16 inmate telephone rebate fund in each institution for the 30 17 deposit of moneys received for inmate telephone rebates. All 30 18 funds deposited in this fund shall be used for the benefit of 30 19 inmates. The director shall adopt rules providing for the 30 20 disbursement of moneys from the fund. The rules shall provide 30 21 that all disbursements of moneys from the fund shall be 30 22 subject to approval, in writing, by a committee comprised of 30 23 the director, a deputy director for the department as 30 24 designated by the director, and the citizens' aide, or 30 25 designee of the citizens' aide. 30 26 Sec. 24. 1995 Iowa Acts, chapter 220, section 20, 30 27 subsection 4, is amended by striking the subsection. 30 28 Sec. 25. 1998 Iowa Acts, chapter 1101, section 15, 30 29 subsection 2, is amended to read as follows: 30 30 2. a. There is appropriated from surcharge moneys 30 31 received by the E911 administrator and deposited into the 30 32 wireless E911 emergency communications fund, for the fiscal 30 33 year beginning July 1, 1998, andending June 30,for the 30 34 fiscal year beginning July 1, 1999, an amount not to exceed 30 35 two hundred thousand dollars to be used for the 31 1 implementation, support, and maintenance of the functions of 31 2 the E911 administrator. The amount appropriated in this 31 3 paragraph includes any amounts necessary to reimburse the 31 4 division of emergency management of the department of public 31 5 defense pursuant to paragraph "b". 31 6 b. Notwithstanding the distribution formula in section 31 7 34A.7A, as enacted in this Act, and prior to any such 31 8 distribution, of the initial surcharge moneys received by the 31 9 E911 administrator and deposited into the wireless E911 31 10 emergency communications fund, for the fiscal year beginning 31 11 July 1, 1998, andending June 30,for the fiscal year 31 12 beginning July 1, 1999, an amount shall be transferred to the 31 13 division of emergency management of the department of public 31 14 defense as necessary to reimburse the division for amounts 31 15 expended for the implementation, support, and maintenance of 31 16 the E911 administrator, including the E911 administrator's 31 17 salary. 31 18 Sec. 26. 1998 Iowa Acts, chapter 1222, section 25, 31 19 subsection 3, is amended to read as follows: 31 20 3. For the installation of perimeter fencing and physical 31 21 plant improvements at the Mt. Pleasant correctional facility: 31 22 .................................................. $ 300,000 31 23 Sec. 27. Section 80.41, Code 1999, is repealed. 31 24 Sec. 28. EFFECTIVE DATES. 31 25 1. Section 7 of this Act, providing for supplemental 31 26 appropriations to the department of corrections, being deemed 31 27 of immediate importance, takes effect upon enactment. 31 28 2. Section 26 of this Act, amending 1998 Iowa Acts, 31 29 chapter 1222, being deemed of immediate importance, takes 31 30 effect upon enactment. 31 31 31 32 31 33 31 34 MARY E. KRAMER 31 35 President of the Senate 32 1 32 2 32 3 32 4 BRENT SIEGRIST 32 5 Speaker of the House 32 6 32 7 I hereby certify that this bill originated in the Senate and 32 8 is known as Senate File 468, Seventy-eighth General Assembly. 32 9 32 10 32 11 32 12 MICHAEL E. MARSHALL 32 13 Secretary of the Senate 32 14 Approved , 1999 32 15 32 16 32 17 32 18 THOMAS J. VILSACK 32 19 Governor
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