House File 861 H-1463 Amend House File 861 as follows: 1 1. Page 21, after line 30 by inserting: 2 < DIVISION ___ 3 DEPARTMENT OF CORRECTIONS 4 Sec. ___. Section 99G.39, Code 2021, is amended by adding 5 the following new subsection: 6 NEW SUBSECTION . 4A. One hundred thousand dollars in 7 lottery revenues shall be transferred each fiscal year to the 8 department of corrections survivor benefits fund established 9 pursuant to section 904.321 prior to deposit of the lottery 10 revenues in the general fund pursuant to section 99G.40. 11 Sec. ___. NEW SECTION . 509A.13D Health insurance coverage 12 —— surviving spouse and children of certain employees of the Iowa 13 department of corrections. 14 1. For the purposes of this section, “eligible employee of 15 the Iowa department of corrections” means any of the following: 16 a. An employee of the Iowa department of corrections. 17 b. An employee of the Iowa department of corrections whose 18 death has been determined by the department to be the direct 19 and proximate result of a traumatic personal injury incurred in 20 the line of duty, and to whom none of the following applies: 21 (1) The employee’s death resulted from stress, strain, 22 occupational illness, or a chronic, progressive, or congenital 23 illness, including but not limited to a disease of the heart, 24 lungs, or respiratory system, unless a traumatic personal 25 injury was a substantial contributing factor to the employee’s 26 death. 27 (2) The employee’s death was caused by the employee’s 28 intentional misconduct, or by the employee’s intent to cause 29 the employee’s own death. 30 (3) The employee was voluntarily intoxicated at the time of 31 the employee’s death. 32 (4) The employee was performing the employee’s duties in a 33 grossly negligent manner at the time of the employee’s death. 34 2. a. If the governing body of the state has procured 35 -1- HF 861.2373 (2) 89 as/tm 1/ 3 #1.

health insurance coverage for its employees under this chapter, 1 the governing body of the state shall permit continuation 2 of existing health insurance coverage or reenrollment in 3 previously existing coverage for the surviving spouse and each 4 surviving child of an eligible employee of the Iowa department 5 of corrections. 6 b. The governing body of the state shall permit continuation 7 of existing health insurance coverage for the surviving spouse 8 and each surviving child of an employee of the Iowa department 9 of corrections who dies and who is reasonably expected to be 10 determined to be an eligible employee of the Iowa department 11 of corrections, until such time as the determination of 12 eligibility is made. 13 3. The governing body of the state shall not be required to 14 pay for the cost of the health insurance under this section; 15 however, the governing body of the state may pay the full cost 16 or a portion of the cost of the health insurance. If the full 17 cost or a portion of the cost of the coverage is not paid by 18 the governing body of the state, the surviving spouse and each 19 surviving child who is eligible for health insurance under this 20 section may elect to continue coverage by paying that portion 21 of the cost of the health insurance not paid by the governing 22 body of the state. 23 4. The governing body of the state shall notify the 24 provider of health insurance coverage for state employees of 25 the identity of the surviving spouse and each surviving child 26 who is to be provided health insurance coverage pursuant to the 27 requirements of this section. 28 5. This section shall not require continuation of health 29 insurance coverage if the surviving spouse or a surviving child 30 who would otherwise be entitled to continuation of health 31 insurance coverage under this section was, through the actions 32 of the surviving spouse or the surviving child, a substantial 33 contributing factor to the death of the eligible employee of 34 the Iowa department of corrections. 35 -2- HF 861.2373 (2) 89 as/tm 2/ 3

Sec. ___. NEW SECTION . 904.321 Department of corrections 1 survivor benefits fund. 2 1. A department of corrections survivor benefits fund is 3 established in the state treasury under the control of the 4 department. The fund shall consist of moneys transferred 5 to the fund pursuant to section 99G.39 and any other moneys 6 appropriated to or deposited in the fund. Moneys in the fund 7 are appropriated to the department for the purposes set forth 8 in subsection 2. 9 2. The department shall distribute the moneys credited to 10 the fund in a fiscal year in the form of grants to nonprofit 11 organizations that provide resources to assist surviving 12 families of eligible employees of the department of corrections 13 killed in the line of duty in paying costs associated with 14 accident or health care coverage pursuant to section 509A.13D. 15 3. Notwithstanding section 8.33, moneys in the fund 16 that remain unencumbered or unobligated at the close of a 17 fiscal year shall not revert but shall remain available for 18 expenditure for the purposes designated. Notwithstanding 19 section 12C.7, subsection 2, interest or earnings on moneys in 20 the fund shall be credited to the fund. 21 Sec. ___. EFFECTIVE DATE. This division of this Act, being 22 deemed of immediate importance, takes effect upon enactment. 23 Sec. ___. RETROACTIVE APPLICABILITY. This division of this 24 Act applies retroactively to March 1, 2021. > 25 2. Title page, line 1, after < system > by inserting 26 < , establishing a department of corrections survivor 27 benefits fund, and including effective date and retroactive 28 applicability provisions > 29 3. By renumbering as necessary. 30 ______________________________ HEIN of Jones -3- HF 861.2373 (2) 89 as/tm 3/ 3 #2. #3.