Senate File 2412 S-5281 Amend Senate File 2412 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. 2017 Iowa Acts, chapter 167, section 27, is 4 amended to read as follows: 5 SEC. 27. DEPARTMENT OF JUSTICE. 6 1. There is appropriated from the general fund of the state 7 to the department of justice for the fiscal year beginning July 8 1, 2018, and ending June 30, 2019, the following amounts, or 9 so much thereof as is necessary, to be used for the purposes 10 designated: 11 a. For the general office of attorney general for salaries, 12 support, maintenance, and miscellaneous purposes, including 13 the prosecuting attorneys training program, matching funds 14 for federal violence against women grant programs, victim 15 assistance grants, office of drug control policy prosecuting 16 attorney program, and odometer fraud enforcement, and for not 17 more than the following full-time equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,336,154 19 6,511,705 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 215.00 21 As a condition of receiving the appropriation provided 22 in this lettered paragraph, the department of justice shall 23 maintain a record of the estimated time incurred representing 24 each agency or department. 25 b. For victim assistance grants: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,508,354 27 5,016,708 28 The moneys appropriated in this lettered paragraph shall be 29 used to provide grants to care providers providing services to 30 crime victims of domestic abuse or to crime victims of rape and 31 sexual assault. 32 The balance of the victim compensation fund established 33 in section 915.94 may be used to provide salary and support 34 of not more than 24.00 full-time equivalent positions and to 35 -1- SF2412.5593 (1) 87 (amending this SF 2412 to CONFORM to HF 2492) jm/rn 1/ 22 #1.
provide maintenance for the victim compensation functions 1 of the department of justice. In addition to the full-time 2 equivalent positions authorized pursuant to this paragraph, 3 5.00 full-time equivalent positions are authorized and shall 4 be used by the department of justice to employ one accountant 5 and four program planners. The department of justice may 6 employ the additional 5.00 full-time equivalent positions 7 authorized pursuant to this paragraph that are in excess of the 8 number of full-time equivalent positions authorized only if 9 the department of justice receives sufficient federal moneys 10 to maintain employment for the additional full-time equivalent 11 positions during the current fiscal year. The department 12 of justice shall only employ the additional 5.00 full-time 13 equivalent positions in succeeding fiscal years if sufficient 14 federal moneys are received during each of those succeeding 15 fiscal years. 16 The department of justice shall transfer at least $150,000 17 from the victim compensation fund established in section 915.94 18 to the victim assistance grant program. 19 Notwithstanding section 8.33 , moneys appropriated in this 20 paragraph “b” that remain unencumbered or unobligated at the 21 close of the fiscal year shall not revert but shall remain 22 available for expenditure for the purposes designated until the 23 close of the succeeding fiscal year. 24 c. For legal services for persons in poverty grants as 25 provided in section 13.34 : 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,152,301 27 2,304,601 28 2. a. The department of justice, in submitting budget 29 estimates for the fiscal year commencing July 1, 2019, pursuant 30 to section 8.23 , shall include a report of funding from sources 31 other than amounts appropriated directly from the general fund 32 of the state to the department of justice or to the office of 33 consumer advocate. These funding sources shall include but 34 are not limited to reimbursements from other state agencies, 35 -2- SF2412.5593 (1) 87 (amending this SF 2412 to CONFORM to HF 2492) jm/rn 2/ 22
commissions, boards, or similar entities, and reimbursements 1 from special funds or internal accounts within the department 2 of justice. The department of justice shall also report actual 3 reimbursements for the fiscal year commencing July 1, 2017, 4 and actual and expected reimbursements for the fiscal year 5 commencing July 1, 2018. 6 b. The department of justice shall include the report 7 required under paragraph “a”, as well as information regarding 8 any revisions occurring as a result of reimbursements actually 9 received or expected at a later date, in a report to the 10 co-chairpersons and ranking members of the joint appropriations 11 subcommittee on the justice system and the legislative services 12 agency. The department of justice shall submit the report on 13 or before January 15, 2019. 14 3. a. The department of justice shall fully reimburse 15 the costs and necessary related expenses incurred by the Iowa 16 law enforcement academy to continue to employ one additional 17 instructor position who shall provide training for domestic 18 abuse and human trafficking-related issues throughout the 19 state. 20 b. The department of justice shall obtain the moneys 21 necessary to reimburse the Iowa law enforcement academy to 22 employ such an instructor from unrestricted moneys from either 23 the victim compensation fund established in section 915.94 , the 24 human trafficking victim fund established in section 915.95 , or 25 the human trafficking enforcement fund established in 2015 Iowa 26 Acts, chapter 138, section 141 . 27 Sec. 2. 2017 Iowa Acts, chapter 167, section 28, is amended 28 to read as follows: 29 SEC. 28. OFFICE OF CONSUMER ADVOCATE. There is appropriated 30 from the department of commerce revolving fund created in 31 section 546.12 to the office of consumer advocate of the 32 department of justice for the fiscal year beginning July 1, 33 2018, and ending June 30, 2019, the following amount, or so 34 much thereof as is necessary, to be used for the purposes 35 -3- SF2412.5593 (1) 87 (amending this SF 2412 to CONFORM to HF 2492) jm/rn 3/ 22
designated: 1 For salaries, support, maintenance, and miscellaneous 2 purposes, and for not more than the following full-time 3 equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,568,794 5 3,137,588 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 7 Sec. 3. 2017 Iowa Acts, chapter 167, section 29, is amended 8 to read as follows: 9 SEC. 29. DEPARTMENT OF CORRECTIONS —— FACILITIES. 10 1. There is appropriated from the general fund of the state 11 to the department of corrections for the fiscal year beginning 12 July 1, 2018, and ending June 30, 2019, the following amounts, 13 or so much thereof as is necessary, to be used for the purposes 14 designated: 15 a. For the operation of the Fort Madison correctional 16 facility, including salaries, support, maintenance, and 17 miscellaneous purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,359,525 19 41,079,882 20 b. For the operation of the Anamosa correctional facility, 21 including salaries, support, maintenance, and miscellaneous 22 purposes: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,413,582 24 32,164,148 25 c. For the operation of the Oakdale correctional facility, 26 including salaries, support, maintenance, and miscellaneous 27 purposes: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,745,767 29 60,314,427 30 d. For the operation of the Newton correctional facility, 31 including salaries, support, maintenance, and miscellaneous 32 purposes: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,830,610 34 28,061,220 35 -4- SF2412.5593 (1) 87 (amending this SF 2412 to CONFORM to HF 2492) jm/rn 4/ 22
e. For the operation of the Mount Pleasant correctional 1 facility, including salaries, support, maintenance, and 2 miscellaneous purposes: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,338,207 4 25,526,413 5 f. For the operation of the Rockwell City correctional 6 facility, including salaries, support, maintenance, and 7 miscellaneous purposes: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,860,229 9 10,458,861 10 g. For the operation of the Clarinda correctional facility, 11 including salaries, support, maintenance, and miscellaneous 12 purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,542,703 14 24,780,950 15 Moneys received by the department of corrections as 16 reimbursement for services provided to the Clarinda youth 17 corporation are appropriated to the department and shall be 18 used for the purpose of operating the Clarinda correctional 19 facility. 20 h. For the operation of the Mitchellville correctional 21 facility, including salaries, support, maintenance, and 22 miscellaneous purposes: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,197,045 24 22,594,090 25 i. For the operation of the Fort Dodge correctional 26 facility, including salaries, support, maintenance, and 27 miscellaneous purposes: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,883,498 29 29,660,231 30 j. For reimbursement of counties for temporary confinement 31 of prisoners, as provided in sections 901.7 , 904.908 , and 32 906.17 , and for offenders confined pursuant to section 904.513 : 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 787,546 34 1,575,092 35 -5- SF2412.5593 (1) 87 (amending this SF 2412 to CONFORM to HF 2492) jm/rn 5/ 22
k. For federal prison reimbursement, reimbursements for 1 out-of-state placements, and miscellaneous contracts: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 242,206 3 484,411 4 2. The department of corrections shall use moneys 5 appropriated in subsection 1 to continue to contract for the 6 services of a Muslim imam and a Native American spiritual 7 leader. 8 Sec. 4. 2017 Iowa Acts, chapter 167, section 30, is amended 9 to read as follows: 10 SEC. 30. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. 11 There is appropriated from the general fund of the state to the 12 department of corrections for the fiscal year beginning July 13 1, 2018, and ending June 30, 2019, the following amounts, or 14 so much thereof as is necessary, to be used for the purposes 15 designated: 16 1. For general administration, including salaries and the 17 adjustment of salaries throughout the department , support, 18 maintenance, employment of an education director to administer 19 a centralized education program for the correctional system, 20 and miscellaneous purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,576,953 22 9,933,851 23 a. It is the intent of the general assembly that each 24 lease negotiated by the department of corrections with a 25 private corporation for the purpose of providing private 26 industry employment of inmates in a correctional institution 27 shall prohibit the private corporation from utilizing inmate 28 labor for partisan political purposes for any person seeking 29 election to public office in this state and that a violation 30 of this requirement shall result in a termination of the lease 31 agreement. 32 b. It is the intent of the general assembly that as a 33 condition of receiving the appropriation provided in this 34 subsection the department of corrections shall not enter into 35 -6- SF2412.5593 (1) 87 (amending this SF 2412 to CONFORM to HF 2492) jm/rn 6/ 22
a lease or contractual agreement pursuant to section 904.809 1 with a private corporation for the use of building space for 2 the purpose of providing inmate employment without providing 3 that the terms of the lease or contract establish safeguards to 4 restrict, to the greatest extent feasible, access by inmates 5 working for the private corporation to personal identifying 6 information of citizens. 7 2. For educational programs for inmates at state penal 8 institutions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,304,055 10 2,608,109 11 a. To maximize the funding for educational programs, 12 the department shall establish guidelines and procedures to 13 prioritize the availability of educational and vocational 14 training for inmates based upon the goal of facilitating an 15 inmate’s successful release from the correctional institution. 16 b. The director of the department of corrections may 17 transfer moneys from Iowa prison industries and the canteen 18 operating funds established pursuant to section 904.310 , for 19 use in educational programs for inmates. 20 c. Notwithstanding section 8.33 , moneys appropriated in 21 this subsection that remain unobligated or unexpended at the 22 close of the fiscal year shall not revert but shall remain 23 available to be used only for the purposes designated in this 24 subsection until the close of the succeeding fiscal year. 25 3. For the development of the Iowa corrections offender 26 network (ICON) data system: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 28 2,000,000 29 4. For offender mental health and substance abuse 30 treatment: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,033 32 28,065 33 5. For department-wide duties, including operations, costs, 34 and miscellaneous purposes: 35 -7- SF2412.5593 (1) 87 (amending this SF 2412 to CONFORM to HF 2492) jm/rn 7/ 22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 648,947 1 Sec. 5. 2017 Iowa Acts, chapter 167, section 31, is amended 2 to read as follows: 3 SEC. 31. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 4 SERVICES. 5 1. There is appropriated from the general fund of the state 6 to the department of corrections for the fiscal year beginning 7 July 1, 2018, and ending June 30, 2019, for salaries, support, 8 maintenance, and miscellaneous purposes, the following amounts, 9 or so much thereof as is necessary, to be used for the purposes 10 designated: 11 a. For the first judicial district department of 12 correctional services: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,318,383 14 14,786,766 15 It is the intent of the general assembly that the first 16 judicial district department of correctional services maintain 17 the drug courts operated by the district department. 18 b. For the second judicial district department of 19 correctional services: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,691,870 21 11,433,739 22 It is the intent of the general assembly that the second 23 judicial district department of correctional services establish 24 and maintain two drug courts to be operated by the district 25 department. 26 c. For the third judicial district department of 27 correctional services: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,583,979 29 7,167,957 30 d. For the fourth judicial district department of 31 correctional services: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,789,961 33 5,679,922 34 e. For the fifth judicial district department of 35 -8- SF2412.5593 (1) 87 (amending this SF 2412 to CONFORM to HF 2492) jm/rn 8/ 22
correctional services, including funding for electronic 1 monitoring devices for use on a statewide basis: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,428,970 3 21,557,940 4 It is the intent of the general assembly that the fifth 5 judicial district department of correctional services maintain 6 the drug court operated by the district department. 7 f. For the sixth judicial district department of 8 correctional services: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,356,583 10 14,713,165 11 It is the intent of the general assembly that the sixth 12 judicial district department of correctional services maintain 13 the drug court operated by the district department. 14 g. For the seventh judicial district department of 15 correctional services: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,888,671 17 7,777,341 18 It is the intent of the general assembly that the seventh 19 judicial district department of correctional services maintain 20 the drug court operated by the district department. 21 h. For the eighth judicial district department of 22 correctional services: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,042,261 24 8,084,521 25 2. Each judicial district department of correctional 26 services, within the funding available, shall continue programs 27 and plans established within that district to provide for 28 intensive supervision, sex offender treatment, diversion of 29 low-risk offenders to the least restrictive sanction available, 30 job development, and expanded use of intermediate criminal 31 sanctions. 32 3. Each judicial district department of correctional 33 services shall provide alternatives to prison consistent with 34 chapter 901B . The alternatives to prison shall ensure public 35 -9- SF2412.5593 (1) 87 (amending this SF 2412 to CONFORM to HF 2492) jm/rn 9/ 22
safety while providing maximum rehabilitation to the offender. 1 A judicial district department of correctional services may 2 also establish a day program. 3 4. The governor’s office of drug control policy shall 4 consider federal grants made to the department of corrections 5 for the benefit of each of the eight judicial district 6 departments of correctional services as local government 7 grants, as defined pursuant to federal regulations. 8 5. The department of corrections shall continue to contract 9 with a judicial district department of correctional services to 10 provide for the rental of electronic monitoring equipment which 11 shall be available statewide. 12 6. The public safety assessment shall not be utilized 13 in pretrial hearings when determining whether to detain or 14 release a defendant before trial, and the use of the public 15 safety assessment pilot program shall be terminated as of the 16 effective date of this subsection, until such time the use of 17 the public safety assessment has been specifically authorized 18 by the general assembly. 19 Sec. 6. 2017 Iowa Acts, chapter 167, section 36, is amended 20 to read as follows: 21 SEC. 36. IOWA LAW ENFORCEMENT ACADEMY. 22 1. There is appropriated from the general fund of the 23 state to the Iowa law enforcement academy for the fiscal year 24 beginning July 1, 2018, and ending June 30, 2019, the following 25 amount, or so much thereof as is necessary, to be used for the 26 purposes designated: 27 For salaries, support, maintenance, and miscellaneous 28 purposes, including jailer training and technical assistance, 29 and for not more than the following full-time equivalent 30 positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 477,378 32 971,341 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 25.00 34 26.00 35 -10- SF2412.5593 (1) 87 (amending this SF 2412 to CONFORM to HF 2492) jm/rn 10/ 22
The Iowa law enforcement academy may temporarily exceed and 1 draw more than the amount appropriated in this subsection and 2 incur a negative cash balance as long as there are receivables 3 equal to or greater than the negative balance and the amount 4 appropriated in this subsection is not exceeded at the close 5 of the fiscal year. 6 2. The Iowa law enforcement academy may select at least 7 five automobiles of the department of public safety, division 8 of state patrol, prior to turning over the automobiles to 9 the department of administrative services to be disposed 10 of by public auction, and the Iowa law enforcement academy 11 may exchange any automobile owned by the academy for each 12 automobile selected if the selected automobile is used in 13 training law enforcement officers at the academy. However, any 14 automobile exchanged by the academy shall be substituted for 15 the selected vehicle of the department of public safety and 16 sold by public auction with the receipts being deposited in the 17 depreciation fund to the credit of the department of public 18 safety, division of state patrol. 19 3. The Iowa law enforcement academy shall provide training 20 for domestic abuse and human trafficking-related issues 21 throughout the state. The training shall be offered at no 22 cost to the attendees and the training shall not replace any 23 existing domestic abuse or human trafficking training offered 24 by the academy. 25 Sec. 7. 2017 Iowa Acts, chapter 167, section 37, is amended 26 to read as follows: 27 SEC. 37. STATE PUBLIC DEFENDER. There is appropriated from 28 the general fund of the state to the office of the state public 29 defender of the department of inspections and appeals for the 30 fiscal year beginning July 1, 2018, and ending June 30, 2019, 31 the following amounts, or so much thereof as is necessary, to 32 be used for the purposes designated: 33 1. For salaries, support, maintenance, and miscellaneous 34 purposes, and for not more than the following full-time 35 -11- SF2412.5593 (1) 87 (amending this SF 2412 to CONFORM to HF 2492) jm/rn 11/ 22
equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,091,122 2 26,505,299 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 223.00 4 2. For payments on behalf of eligible adults and juveniles 5 from the indigent defense fund, in accordance with section 6 815.11 : 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,722,224 8 35,144,448 9 Sec. 8. 2017 Iowa Acts, chapter 167, section 38, is amended 10 to read as follows: 11 SEC. 38. BOARD OF PAROLE. There is appropriated from the 12 general fund of the state to the board of parole for the fiscal 13 year beginning July 1, 2018, and ending June 30, 2019, the 14 following amount, or so much thereof as is necessary, to be 15 used for the purposes designated: 16 For salaries, support, maintenance, and miscellaneous 17 purposes, and for not more than the following full-time 18 equivalent positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 595,866 20 1,221,374 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.75 22 Sec. 9. 2017 Iowa Acts, chapter 167, section 39, is amended 23 to read as follows: 24 SEC. 39. DEPARTMENT OF PUBLIC DEFENSE. 25 1. There is appropriated from the general fund of the 26 state to the department of public defense, for the fiscal year 27 beginning July 1, 2018, and ending June 30, 2019, the following 28 amounts, or so much thereof as is necessary, to be used for the 29 purposes designated: 30 For salaries, support, maintenance, and miscellaneous 31 purposes, and for not more than the following full-time 32 equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,111,662 34 6,334,961 35 -12- SF2412.5593 (1) 87 (amending this SF 2412 to CONFORM to HF 2492) jm/rn 12/ 22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 248.00 1 2. The department of public defense may temporarily exceed 2 and draw more than the amount appropriated in this section and 3 incur a negative cash balance as long as there are receivables 4 of federal funds equal to or greater than the negative balance 5 and the amount appropriated in this section is not exceeded at 6 the close of the fiscal year. 7 Sec. 10. 2017 Iowa Acts, chapter 167, section 40, is amended 8 to read as follows: 9 SEC. 40. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 10 MANAGEMENT. 11 1. There is appropriated from the general fund of the state 12 to the department of homeland security and emergency management 13 for the fiscal year beginning July 1, 2018, and ending June 14 30, 2019, the following amounts, or so much thereof as is 15 necessary, to be used for the purposes designated: 16 For salaries, support, maintenance, and miscellaneous 17 purposes, and for not more than the following full-time 18 equivalent positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,060,964 20 2,123,610 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 33.87 22 2. The department of homeland security and emergency 23 management may temporarily exceed and draw more than the amount 24 appropriated in this section and incur a negative cash balance 25 as long as there are receivables of federal funds equal to or 26 greater than the negative balance and the amount appropriated 27 in this section is not exceeded at the close of the fiscal 28 year. 29 Sec. 11. 2017 Iowa Acts, chapter 167, section 41, is amended 30 to read as follows: 31 SEC. 41. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 32 from the general fund of the state to the department of public 33 safety for the fiscal year beginning July 1, 2018, and ending 34 June 30, 2019, the following amounts, or so much thereof as is 35 -13- SF2412.5593 (1) 87 (amending this SF 2412 to CONFORM to HF 2492) jm/rn 13/ 22
necessary, to be used for the purposes designated: 1 1. For the department’s administrative functions, including 2 salaries and the adjustment of salaries throughout the 3 department, the criminal justice information system, and for 4 not more than the following full-time equivalent positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,071,566 6 6,631,377 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 37.00 8 2. For the division of criminal investigation, including 9 the state’s contribution to the peace officers’ retirement, 10 accident, and disability system provided in chapter 97A in the 11 amount of the state’s normal contribution rate, as defined in 12 section 97A.8 , multiplied by the salaries for which the moneys 13 are appropriated, to meet federal fund matching requirements, 14 and for not more than the following full-time equivalent 15 positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,795,272 17 14,463,083 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 160.00 19 162.00 20 a. As a condition of the appropriation in this subsection, 21 the division of criminal investigation shall expend up to 22 $200,000 to employ 2.0 full-time equivalent positions to assist 23 in expediting the processing and analysis of DNA samples. 24 b. The division of criminal investigation may employ two of 25 the three additional full-time equivalent positions authorized 26 pursuant to this subsection that are in excess of the number 27 of full-time equivalent positions authorized for the previous 28 fiscal year only if the division of criminal investigation 29 receives sufficient federal moneys to maintain employment for 30 the additional 2.00 full-time equivalent positions during the 31 current fiscal year. The division of criminal investigation 32 shall only employ the additional 2.00 full-time equivalent 33 positions in succeeding fiscal years if sufficient federal 34 moneys are received during each of those succeeding fiscal 35 -14- SF2412.5593 (1) 87 (amending this SF 2412 to CONFORM to HF 2492) jm/rn 14/ 22
years. 1 3. For the criminalistics laboratory fund created in 2 section 691.9 : 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 151,173 4 302,345 5 4. a. For the division of narcotics enforcement, including 6 the state’s contribution to the peace officers’ retirement, 7 accident, and disability system provided in chapter 97A in the 8 amount of the state’s normal contribution rate, as defined in 9 section 97A.8 , multiplied by the salaries for which the moneys 10 are appropriated, to meet federal fund matching requirements, 11 and for not more than the following full-time equivalent 12 positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,726,650 14 7,585,873 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 66.50 16 The division of narcotics enforcement may employ an 17 additional 1.00 full-time equivalent position authorized 18 pursuant to this lettered paragraph that is in excess of 19 the number of full-time equivalent positions authorized for 20 the previous fiscal year only if the division of narcotics 21 enforcement receives sufficient federal moneys to maintain 22 employment for the additional full-time equivalent position 23 during the current fiscal year. The division of narcotics 24 enforcement shall only employ the additional full-time 25 equivalent position in succeeding fiscal years if sufficient 26 federal moneys are received during each of those succeeding 27 fiscal years. 28 b. For the division of narcotics enforcement for undercover 29 purchases: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 54,521 31 109,042 32 5. For the division of state fire marshal, for fire 33 protection services as provided through the state fire service 34 and emergency response council as created in the department, 35 -15- SF2412.5593 (1) 87 (amending this SF 2412 to CONFORM to HF 2492) jm/rn 15/ 22
and for the state’s contribution to the peace officers’ 1 retirement, accident, and disability system provided in chapter 2 97A in the amount of the state’s normal contribution rate, 3 as defined in section 97A.8 , multiplied by the salaries for 4 which the moneys are appropriated, and for not more than the 5 following full-time equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,343,357 7 4,765,056 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 53.00 9 As a condition of receiving the appropriation in this 10 subsection, the commissioner of the department of public safety 11 shall appoint the administrator of the fire service training 12 bureau of the division of state fire marshal as provided in 13 section 100B.7. 14 6. For the division of state patrol, for salaries, support, 15 maintenance, workers’ compensation costs, and miscellaneous 16 purposes, including the state’s contribution to the peace 17 officers’ retirement, accident, and disability system provided 18 in chapter 97A in the amount of the state’s normal contribution 19 rate, as defined in section 97A.8 , multiplied by the salaries 20 for which the moneys are appropriated, and for not more than 21 the following full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,683,170 23 62,126,287 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 511.40 25 It is the intent of the general assembly that members of the 26 state patrol be assigned to patrol the highways and roads in 27 lieu of assignments for inspecting school buses for the school 28 districts. 29 7. For deposit in the sick leave benefits fund established 30 under section 80.42 for all departmental employees eligible to 31 receive benefits for accrued sick leave under the collective 32 bargaining agreement: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 139,759 34 279,517 35 -16- SF2412.5593 (1) 87 (amending this SF 2412 to CONFORM to HF 2492) jm/rn 16/ 22
8. For costs associated with the training and equipment 1 needs of volunteer fire fighters: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 412,760 3 825,520 4 a. Notwithstanding section 8.33 , moneys appropriated in 5 this subsection that remain unencumbered or unobligated at the 6 close of the fiscal year shall not revert but shall remain 7 available for expenditure only for the purpose designated in 8 this subsection until the close of the succeeding fiscal year. 9 b. Notwithstanding section 8.39 , the department of public 10 safety may reallocate moneys appropriated in this section 11 as necessary to best fulfill the needs provided for in the 12 appropriation. However, the department shall not reallocate 13 moneys appropriated to the department in this section unless 14 notice of the reallocation is given to the legislative services 15 agency and the department of management prior to the effective 16 date of the reallocation. The notice shall include information 17 regarding the rationale for reallocating the moneys. The 18 department shall not reallocate moneys appropriated in this 19 section for the purpose of eliminating any program. 20 9. For the public safety interoperable and broadband 21 communications fund established in section 80.44 : 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 57,831 23 115,661 24 10. For the office to combat human trafficking established 25 pursuant to section 80.45 as enacted by 2016 Iowa Acts, chapter 26 1077, section 1 , including salaries, support, maintenance, 27 miscellaneous purposes, and for not more than the following 28 full-time equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75,000 30 150,000 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 32 11. For department-wide duties, including operations, 33 costs, and miscellaneous purposes: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 917,487 35 -17- SF2412.5593 (1) 87 (amending this SF 2412 to CONFORM to HF 2492) jm/rn 17/ 22
Sec. 12. 2017 Iowa Acts, chapter 167, section 42, is amended 1 to read as follows: 2 SEC. 42. GAMING ENFORCEMENT. 3 1. There is appropriated from the gaming enforcement 4 revolving fund created in section 80.43 to the department of 5 public safety for the fiscal year beginning July 1, 2018, and 6 ending June 30, 2019, the following amount, or so much thereof 7 as is necessary, to be used for the purposes designated: 8 For any direct support costs for agents and officers of 9 the division of criminal investigation’s excursion gambling 10 boat, gambling structure, and racetrack enclosure enforcement 11 activities, including salaries, support, maintenance, and 12 miscellaneous purposes, and for not more than the following 13 full-time equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,872,636 15 10,239,218 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 73.00 17 2. For each additional license to conduct gambling games on 18 an excursion gambling boat, gambling structure, or racetrack 19 enclosure issued during the fiscal year beginning July 1, 2018, 20 there is appropriated from the gaming enforcement fund to the 21 department of public safety for the fiscal year beginning July 22 1, 2018, and ending June 30, 2019, an additional amount of not 23 more than $300,000 to be used for not more than 3.00 additional 24 full-time equivalent positions. 25 3. The department of public safety, with the approval of the 26 department of management, may employ no more than three special 27 agents for each additional riverboat or gambling structure 28 regulated after July 1, 2018, and three special agents for 29 each racing facility which becomes operational during the 30 fiscal year which begins July 1, 2018. Positions authorized 31 in this subsection are in addition to the full-time equivalent 32 positions otherwise authorized in this section. 33 Sec. 13. 2017 Iowa Acts, chapter 167, section 43, is amended 34 to read as follows: 35 -18- SF2412.5593 (1) 87 (amending this SF 2412 to CONFORM to HF 2492) jm/rn 18/ 22
SEC. 43. CIVIL RIGHTS COMMISSION. 1 1. There is appropriated from the general fund of the state 2 to the Iowa state civil rights commission for the fiscal year 3 beginning July 1, 2018, and ending June 30, 2019, the following 4 amount, or so much thereof as is necessary, to be used for the 5 purposes designated: 6 For salaries, support, maintenance, and miscellaneous 7 purposes, and for not more than the following full-time 8 equivalent positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 578,531 10 1,198,266 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 30.00 12 2. The Iowa state civil rights commission may enter into 13 a contract with a nonprofit organization to provide legal 14 assistance to resolve civil rights complaints. 15 Sec. 14. 2017 Iowa Acts, chapter 167, section 44, is amended 16 to read as follows: 17 SEC. 44. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION. 18 1. There is appropriated from the general fund of the state 19 to the criminal and juvenile justice planning division of the 20 department of human rights for the fiscal year beginning July 21 1, 2018, and ending June 30, 2019, the following amount or 22 so much thereof as is necessary, to be used for the purposes 23 designated: 24 For salaries, support, maintenance, and miscellaneous 25 purposes, and for not more than the following full-time 26 equivalent positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 593,917 28 1,209,410 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 9.56 30 2. The criminal and juvenile justice planning advisory 31 council and the juvenile justice advisory council shall 32 coordinate their efforts in carrying out their respective 33 duties relative to juvenile justice. 34 Sec. 15. 2017 Iowa Acts, chapter 167, section 45, is amended 35 -19- SF2412.5593 (1) 87 (amending this SF 2412 to CONFORM to HF 2492) jm/rn 19/ 22
to read as follows: 1 SEC. 45. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 2 MANAGEMENT. There is appropriated from the E911 911 emergency 3 communications fund created in section 34A.7A to the department 4 of homeland security and emergency management for the fiscal 5 year beginning July 1, 2018, and ending June 30, 2019, the 6 following amount, or so much thereof as is necessary, to be 7 used for the purposes designated: 8 For implementation, support, and maintenance of the 9 functions of the administrator and program manager under 10 chapter 34A and to employ the auditor of the state to perform 11 an annual audit of the E911 911 emergency communications fund: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 13 250,000 14 Sec. 16. 2017 Iowa Acts, chapter 167, is amended by adding 15 the following new section: 16 NEW SECTION . SEC. 46. CONSUMER EDUCATION AND 17 LITIGATION —— FARM MEDIATION AND PROSECUTIONS, APPEALS, AND 18 CLAIMS. Notwithstanding section 714.16C, there is appropriated 19 from the consumer education and litigation fund to the 20 department of justice for the fiscal year beginning July 1, 21 2018, and ending June 30, 2019, the following amount, or so 22 much thereof as is necessary, to be used for the purposes 23 designated: 24 a. For farm mediation services as specified in section 25 13.13, subsection 2: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 27 b. For salaries, support, maintenance, and miscellaneous 28 purposes for criminal prosecutions, criminal appeals, and 29 performing duties pursuant to chapter 669: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 31 Sec. 17. Section 13.2, subsection 1, paragraph g, Code 2018, 32 is amended by striking the paragraph. 33 Sec. 18. NEW SECTION . 80.46 Public safety support trust 34 fund. 35 -20- SF2412.5593 (1) 87 (amending this SF 2412 to CONFORM to HF 2492) jm/rn 20/ 22
1. A public safety support trust fund is established in 1 the state treasury under the control of the department. The 2 department may receive and accept donations, grants, loans, and 3 contributions in accordance with section 565.3 from any public 4 or private source for deposit into the trust fund. Moneys 5 credited to the trust fund are appropriated to the department 6 for the purpose of supporting the activities of the department. 7 2. Notwithstanding section 8.33, moneys in the trust fund 8 shall not revert. Notwithstanding section 12C.7, subsection 9 2, interest or earnings on moneys deposited in the trust fund 10 shall be credited to the trust fund. 11 Sec. 19. NEW SECTION . 719.9 Use of unmanned aerial vehicle 12 —— prohibitions. 13 1. As used in this section: 14 a. “Facility” means a county jail, municipal holding 15 facility, secure facility for the detention or custody 16 of juveniles, community-based correctional facility, or 17 institution under the management of the department of 18 corrections. 19 b. “Unmanned aerial vehicle” means a vehicle or device 20 that uses aerodynamic forces to achieve flight and is piloted 21 remotely. 22 2. A person shall not operate an unmanned aerial vehicle 23 knowing that the unmanned aerial vehicle is operating in, on, 24 or above a facility and any contiguous real property comprising 25 the surrounding grounds of the facility, unless the unmanned 26 aerial vehicle is operated by a law enforcement agency or the 27 person has permission from the authority in charge of the 28 facility to operate an unmanned aerial vehicle in, on, or above 29 such facility. 30 3. This section does not apply to an unmanned aerial 31 vehicle while operating for commercial use in compliance with 32 federal aviation administration regulations, authorizations, 33 or exemptions. 34 4. A person who violates this section commits a class “D” 35 -21- SF2412.5593 (1) 87 (amending this SF 2412 to CONFORM to HF 2492) jm/rn 21/ 22
felony. 1 Sec. 20. Section 904.310A, Code 2018, is amended by striking 2 the section and inserting in lieu thereof the following: 3 904.310A Information or materials —— distribution. 4 1. Funds appropriated to the department or other funds made 5 available to the department shall not be used to distribute 6 or make available any commercially published information or 7 material to an inmate when such information or material is 8 sexually explicit or features nudity. 9 2. The department shall adopt rules pursuant to chapter 17A 10 to administer this section. 11 Sec. 21. EFFECTIVE DATE. The following, being deemed of 12 immediate importance, takes effect upon enactment: 13 The portion of this Act amending 2017 Iowa Acts, chapter 167, 14 section 31, prohibiting the utilization of the public safety 15 assessment in pretrial hearings. > 16 2. Title page, line 1, by striking < system > and inserting 17 < system, and including effective date provisions > 18 ______________________________ MARK CHELGREN -22- SF2412.5593 (1) 87 (amending this SF 2412 to CONFORM to HF 2492) jm/rn 22/ 22 #2.