House File 861 H-1509 Amend House File 861 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 FY 2021-2022 5 APPROPRIATIONS 6 Section 1. DEPARTMENT OF JUSTICE. 7 1. There is appropriated from the general fund of the state 8 to the department of justice for the fiscal year beginning July 9 1, 2021, and ending June 30, 2022, the following amounts, or 10 so much thereof as is necessary, to be used for the purposes 11 designated: 12 a. For the general office of attorney general for 13 salaries, support, maintenance, and miscellaneous purposes, 14 including the prosecuting attorneys training program, matching 15 funds for federal violence against women grant programs, 16 victim assistance grants, the office of drug control policy 17 prosecuting attorney program, and odometer fraud enforcement, 18 and for not more than the following full-time equivalent 19 positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,371,768 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 215.00 22 As a condition of receiving the appropriation provided 23 in this lettered paragraph, the department of justice shall 24 maintain a record of the estimated time incurred representing 25 each agency or department. 26 The general office of attorney general may temporarily 27 exceed and draw more than the amount appropriated in this 28 lettered paragraph and incur a negative cash balance as long 29 as there are receivables equal to or greater than the negative 30 balances and the amount appropriated in this lettered paragraph 31 is not exceeded at the close of the fiscal year. 32 b. For victim assistance grants: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,016,708 34 The moneys appropriated in this lettered paragraph shall be 35 -1- HF 861.1963 (3) 89 as/tm 1/ 22 #1.
used to provide grants to care providers providing services to 1 crime victims of domestic abuse or to crime victims of rape and 2 sexual assault. 3 The balance of the victim compensation fund established 4 in section 915.94 may be used to provide salary and support 5 of not more than 24.00 full-time equivalent positions and to 6 provide maintenance for the victim compensation functions 7 of the department of justice. In addition to the full-time 8 equivalent positions authorized pursuant to this paragraph, 9 5.00 full-time equivalent positions are authorized and shall 10 be used by the department of justice to employ one accountant 11 and four program planners. The department of justice may 12 employ the additional 5.00 full-time equivalent positions 13 authorized pursuant to this paragraph that are in excess of the 14 number of full-time equivalent positions authorized only if 15 the department of justice receives sufficient federal moneys 16 to maintain employment for the additional full-time equivalent 17 positions during the current fiscal year. The department 18 of justice shall only employ the additional 5.00 full-time 19 equivalent positions in succeeding fiscal years if sufficient 20 federal moneys are received during each of those succeeding 21 fiscal years. 22 The department of justice shall transfer at least $150,000 23 from the victim compensation fund established in section 915.94 24 to the victim assistance grant program established in section 25 13.31. 26 Notwithstanding section 8.33, moneys appropriated in this 27 lettered paragraph that remain unencumbered or unobligated at 28 the close of the fiscal year shall not revert but shall remain 29 available for expenditure for the purposes designated until the 30 close of the succeeding fiscal year. 31 c. For legal services for persons in poverty grants as 32 provided in section 13.34: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,634,601 34 2. a. The department of justice, in submitting budget 35 -2- HF 861.1963 (3) 89 as/tm 2/ 22
estimates for the fiscal year beginning July 1, 2022, pursuant 1 to section 8.23, shall include a report of funding from sources 2 other than amounts appropriated directly from the general fund 3 of the state to the department of justice or to the office of 4 consumer advocate. These funding sources shall include but 5 are not limited to reimbursements from other state agencies, 6 commissions, boards, or similar entities, and reimbursements 7 from special funds or internal accounts within the department 8 of justice. The department of justice shall also report actual 9 reimbursements for the fiscal year beginning July 1, 2020, 10 and actual and expected reimbursements for the fiscal year 11 beginning July 1, 2021. 12 b. The department of justice shall include the report 13 required under paragraph “a”, as well as information regarding 14 any revisions occurring as a result of reimbursements actually 15 received or expected at a later date, in a report to the 16 general assembly. The department of justice shall submit the 17 report on or before January 15, 2022. 18 3. a. The department of justice shall fully reimburse 19 the costs and necessary related expenses incurred by the Iowa 20 law enforcement academy to continue to employ one additional 21 instructor position who shall provide training for human 22 trafficking-related issues throughout the state. 23 b. The department of justice shall obtain the moneys 24 necessary to reimburse the Iowa law enforcement academy to 25 employ such an instructor from unrestricted moneys from either 26 the victim compensation fund established in section 915.94, the 27 human trafficking victim fund established in section 915.95, or 28 the human trafficking enforcement fund established in 2015 Iowa 29 Acts, chapter 138, section 141. 30 Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated 31 from the department of commerce revolving fund created in 32 section 546.12 to the office of consumer advocate of the 33 department of justice for the fiscal year beginning July 1, 34 2021, and ending June 30, 2022, the following amount, or so 35 -3- HF 861.1963 (3) 89 as/tm 3/ 22
much thereof as is necessary, to be used for the purposes 1 designated: 2 For salaries, support, maintenance, and miscellaneous 3 purposes, and for not more than the following full-time 4 equivalent positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,137,588 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 7 Sec. 3. DEPARTMENT OF CORRECTIONS —— FACILITIES. 8 1. There is appropriated from the general fund of the state 9 to the department of corrections for the fiscal year beginning 10 July 1, 2021, and ending June 30, 2022, the following amounts, 11 or so much thereof as is necessary, to be used for the purposes 12 designated: 13 a. For the operation of the Fort Madison correctional 14 facility, including salaries, support, maintenance, and 15 miscellaneous purposes: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 43,874,586 17 b. For the operation of the Anamosa correctional facility, 18 including salaries, support, maintenance, and miscellaneous 19 purposes: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34,674,762 21 c. For the operation of the Oakdale correctional facility, 22 including salaries, support, maintenance, and miscellaneous 23 purposes: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 65,504,081 25 d. For the operation of the Newton correctional facility, 26 including salaries, support, maintenance, and miscellaneous 27 purposes: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,336,583 29 e. For the operation of the Mount Pleasant correctional 30 facility, including salaries, support, maintenance, and 31 miscellaneous purposes: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,512,550 33 f. For the operation of the Rockwell City correctional 34 facility, including salaries, support, maintenance, and 35 -4- HF 861.1963 (3) 89 as/tm 4/ 22
miscellaneous purposes: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,198,997 2 g. For the operation of the Clarinda correctional facility, 3 including salaries, support, maintenance, and miscellaneous 4 purposes: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,494,779 6 Moneys received by the department of corrections as 7 reimbursement for services provided to the Clarinda youth 8 corporation are appropriated to the department and shall be 9 used for the purpose of operating the Clarinda correctional 10 facility. 11 h. For the operation of the Mitchellville correctional 12 facility, including salaries, support, maintenance, and 13 miscellaneous purposes: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,793,038 15 i. For the operation of the Fort Dodge correctional 16 facility, including salaries, support, maintenance, and 17 miscellaneous purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,863,351 19 j. For reimbursement of counties for temporary confinement 20 of prisoners, as provided in sections 901.7, 904.908, and 21 906.17, and for offenders confined pursuant to section 904.513: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,082,635 23 k. For federal prison reimbursement, reimbursements for 24 out-of-state placements, and miscellaneous contracts: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 234,411 26 2. The department of corrections shall use moneys 27 appropriated in subsection 1 to continue to contract for the 28 services of a Muslim imam and a Native American spiritual 29 leader. 30 Sec. 4. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. 31 There is appropriated from the general fund of the state to the 32 department of corrections for the fiscal year beginning July 33 1, 2021, and ending June 30, 2022, the following amounts, or 34 so much thereof as is necessary, to be used for the purposes 35 -5- HF 861.1963 (3) 89 as/tm 5/ 22
designated: 1 1. For general administration, including salaries and the 2 adjustment of salaries throughout the department, support, 3 maintenance, employment of an education director to administer 4 a centralized education program for the correctional system, 5 and miscellaneous purposes: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,681,661 7 a. It is the intent of the general assembly that each 8 lease negotiated by the department of corrections with a 9 private corporation for the purpose of providing private 10 industry employment of inmates in a correctional institution 11 shall prohibit the private corporation from utilizing inmate 12 labor for partisan political purposes for any person seeking 13 election to public office in this state and that a violation 14 of this requirement shall result in a termination of the lease 15 agreement. 16 b. It is the intent of the general assembly that as a 17 condition of receiving the appropriation provided in this 18 subsection the department of corrections shall not enter into 19 a lease or contractual agreement pursuant to section 904.809 20 with a private corporation for the use of building space for 21 the purpose of providing inmate employment without providing 22 that the terms of the lease or contract establish safeguards to 23 restrict, to the greatest extent feasible, access by inmates 24 working for the private corporation to personal identifying 25 information of citizens. 26 2. For educational programs for inmates at state penal 27 institutions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,608,109 29 a. To maximize the funding for educational programs, 30 the department shall establish guidelines and procedures to 31 prioritize the availability of educational and vocational 32 training for inmates based upon the goal of facilitating an 33 inmate’s successful release from the correctional institution. 34 b. The director of the department of corrections may 35 -6- HF 861.1963 (3) 89 as/tm 6/ 22
transfer moneys from Iowa prison industries and the canteen 1 operating funds established pursuant to section 904.310, for 2 use in educational programs for inmates. 3 c. Notwithstanding section 8.33, moneys appropriated in 4 this subsection that remain unencumbered or unobligated at the 5 close of the fiscal year shall not revert but shall remain 6 available to be used only for the purposes designated in this 7 subsection until the close of the succeeding fiscal year. 8 3. For the development and operation of the Iowa corrections 9 offender network (ICON) data system: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 11 4. For offender mental health and substance abuse 12 treatment: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,065 14 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 15 SERVICES. 16 1. There is appropriated from the general fund of the state 17 to the department of corrections for the fiscal year beginning 18 July 1, 2021, and ending June 30, 2022, for salaries, support, 19 maintenance, and miscellaneous purposes, the following amounts, 20 or so much thereof as is necessary, to be used for the purposes 21 designated: 22 a. For the first judicial district department of 23 correctional services: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,040,331 25 It is the intent of the general assembly that the first 26 judicial district department of correctional services maintains 27 the drug courts operated by the district department. 28 b. For the second judicial district department of 29 correctional services: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,388,902 31 It is the intent of the general assembly that the second 32 judicial district department of correctional services maintains 33 two drug courts to be operated by the district department. 34 c. For the third judicial district department of 35 -7- HF 861.1963 (3) 89 as/tm 7/ 22
correctional services: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,802,557 2 d. For the fourth judicial district department of 3 correctional services: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,125,378 5 e. For the fifth judicial district department of 6 correctional services, including funding for electronic 7 monitoring devices for use on a statewide basis: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,250,182 9 It is the intent of the general assembly that the fifth 10 judicial district department of correctional services maintains 11 the drug court operated by the district department. 12 f. For the sixth judicial district department of 13 correctional services: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,957,947 15 It is the intent of the general assembly that the sixth 16 judicial district department of correctional services maintains 17 the drug court operated by the district department. 18 g. For the seventh judicial district department of 19 correctional services: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,503,757 21 It is the intent of the general assembly that the seventh 22 judicial district department of correctional services maintains 23 the drug court operated by the district department. 24 h. For the eighth judicial district department of 25 correctional services: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,073,261 27 2. There is appropriated from the general fund of the state 28 to the department of corrections for the fiscal year beginning 29 July 1, 2021, and ending June 30, 2022, the following amount, 30 or so much thereof as is necessary, to be used for the purposes 31 designated: 32 For statewide judicial assistance, support, and pilot 33 projects for judicial district departments of correctional 34 services: 35 -8- HF 861.1963 (3) 89 as/tm 8/ 22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 663,219 1 3. Each judicial district department of correctional 2 services, within the moneys available, shall continue programs 3 and plans established within that district to provide for 4 intensive supervision, sex offender treatment, diversion of 5 low-risk offenders to the least restrictive sanction available, 6 job development, and expanded use of intermediate criminal 7 sanctions. 8 4. Each judicial district department of correctional 9 services shall provide alternatives to prison consistent with 10 chapter 901B. The alternatives to prison shall ensure public 11 safety while providing maximum rehabilitation to the offender. 12 A judicial district department of correctional services may 13 also establish a day program. 14 5. The governor’s office of drug control policy shall 15 consider federal grants made to the department of corrections 16 for the benefit of each of the eight judicial district 17 departments of correctional services as local government 18 grants, as defined pursuant to federal regulations. 19 6. The department of corrections shall continue to contract 20 with a judicial district department of correctional services to 21 provide for the rental of electronic monitoring equipment which 22 shall be available statewide. 23 7. The public safety assessment shall not be utilized 24 in pretrial hearings when determining whether to detain or 25 release a defendant before trial, and the use of the public 26 safety assessment pilot program shall be terminated as of the 27 effective date of this subsection, until such time the use of 28 the public safety assessment has been specifically authorized 29 by the general assembly. 30 Sec. 6. DEPARTMENT OF CORRECTIONS —— REALLOCATION OF 31 APPROPRIATIONS. Notwithstanding section 8.39, within 32 the moneys appropriated in this Act to the department of 33 corrections, the department may reallocate the moneys 34 appropriated and allocated as necessary to best fulfill the 35 -9- HF 861.1963 (3) 89 as/tm 9/ 22
needs of the correctional institutions, administration of 1 the department, and the judicial district departments of 2 correctional services. However, in addition to complying with 3 the requirements of sections 904.116 and 905.8 and providing 4 notice to the legislative services agency, the department 5 of corrections shall also provide notice to the department 6 of management, prior to the effective date of the revision 7 or reallocation of an appropriation made pursuant to this 8 section. The department of corrections shall not reallocate an 9 appropriation or allocation for the purpose of eliminating any 10 program. 11 Sec. 7. INTENT —— REPORTS. 12 1. The department of corrections, in cooperation with 13 townships, the Iowa cemetery associations, and other nonprofit 14 or governmental entities, may use inmate labor during the 15 fiscal year beginning July 1, 2021, to restore or preserve 16 rural cemeteries and historical landmarks. The department, in 17 cooperation with the counties, may also use inmate labor to 18 clean up roads, major water sources, and other water sources 19 around the state. 20 2. On a quarterly basis, the department shall provide 21 a status report regarding private-sector employment to the 22 general assembly beginning on July 1, 2021. The report shall 23 include the number of offenders employed in the private sector, 24 the combined number of hours worked by the offenders, the 25 total amount of allowances, and the distribution of allowances 26 pursuant to section 904.702, including any moneys deposited in 27 the general fund of the state. 28 Sec. 8. ELECTRONIC MONITORING REPORT. The department of 29 corrections shall submit a report on electronic monitoring 30 to the general assembly by January 15, 2022. The report 31 shall specifically address the number of persons being 32 electronically monitored and break down the number of persons 33 being electronically monitored by offense committed. The 34 report shall also include a comparison of any data from the 35 -10- HF 861.1963 (3) 89 as/tm 10/ 22
prior fiscal year with the current fiscal year. 1 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 2 1. As used in this section, unless the context otherwise 3 requires, “state agency” means the government of the state 4 of Iowa, including but not limited to all executive branch 5 departments, agencies, boards, bureaus, and commissions, the 6 judicial branch, the general assembly and all legislative 7 agencies, institutions within the purview of the state board of 8 regents, and any corporation whose primary function is to act 9 as an instrumentality of the state. 10 2. State agencies are encouraged to purchase products from 11 Iowa state industries, as defined in section 904.802, when 12 purchases are required and the products are available from 13 Iowa state industries. State agencies shall obtain bids from 14 Iowa state industries for purchases of office furniture during 15 the fiscal year beginning July 1, 2021, exceeding $5,000 or 16 in accordance with applicable administrative rules related to 17 purchases for the agency. 18 Sec. 10. IOWA LAW ENFORCEMENT ACADEMY. 19 1. There is appropriated from the general fund of the 20 state to the Iowa law enforcement academy for the fiscal year 21 beginning July 1, 2021, and ending June 30, 2022, the following 22 amount, or so much thereof as is necessary, to be used for the 23 purposes designated: 24 a. For salaries, support, maintenance, and miscellaneous 25 purposes, including jailer training and technical assistance, 26 and for not more than the following full-time equivalent 27 positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,347,768 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 31.25 30 Of the moneys appropriated in this paragraph, $125,000 31 and 1.00 full-time equivalent position shall be used for an 32 additional de-escalation training position. 33 b. The Iowa law enforcement academy may temporarily exceed 34 and draw more than the amount appropriated in this subsection 35 -11- HF 861.1963 (3) 89 as/tm 11/ 22
and incur a negative cash balance as long as there are 1 receivables equal to or greater than the negative balance and 2 the amount appropriated in this subsection is not exceeded at 3 the close of the fiscal year. 4 2. The Iowa law enforcement academy may select at least 5 five automobiles of the department of public safety, division 6 of state patrol, prior to turning over the automobiles to 7 the department of administrative services to be disposed 8 of by public auction, and the Iowa law enforcement academy 9 may exchange any automobile owned by the academy for each 10 automobile selected if the selected automobile is used in 11 training law enforcement officers at the academy. However, any 12 automobile exchanged by the academy shall be substituted for 13 the selected vehicle of the department of public safety and 14 sold by public auction with the receipts being deposited in the 15 depreciation fund maintained pursuant to section 8A.365 to the 16 credit of the department of public safety, division of state 17 patrol. 18 3. The Iowa law enforcement academy shall provide training 19 for domestic abuse and human trafficking-related issues 20 throughout the state. The training shall be offered at no 21 cost to the attendees and the training shall not replace any 22 existing domestic abuse or human trafficking training offered 23 by the academy. 24 Sec. 11. STATE PUBLIC DEFENDER. There is appropriated from 25 the general fund of the state to the office of the state public 26 defender of the department of inspections and appeals for the 27 fiscal year beginning July 1, 2021, and ending June 30, 2022, 28 the following amounts, or so much thereof as is necessary, to 29 be used for the purposes designated: 30 1. For salaries, support, maintenance, and miscellaneous 31 purposes, and for not more than the following full-time 32 equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,531,882 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 233.00 35 -12- HF 861.1963 (3) 89 as/tm 12/ 22
2. For payments on behalf of eligible adults and juveniles 1 from the indigent defense fund, in accordance with section 2 815.11: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41,228,448 4 Sec. 12. BOARD OF PAROLE. There is appropriated from the 5 general fund of the state to the board of parole for the fiscal 6 year beginning July 1, 2021, and ending June 30, 2022, the 7 following amount, or so much thereof as is necessary, to be 8 used for the purposes designated: 9 For salaries, support, maintenance, and miscellaneous 10 purposes, and for not more than the following full-time 11 equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,287,865 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.53 14 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE. 15 1. There is appropriated from the general fund of the 16 state to the department of public defense, for the fiscal year 17 beginning July 1, 2021, and ending June 30, 2022, the following 18 amounts, or so much thereof as is necessary, to be used for the 19 purposes designated: 20 For salaries, support, maintenance, and miscellaneous 21 purposes, and for not more than the following full-time 22 equivalent positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,053,040 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 254.00 25 2. The department of public defense may temporarily exceed 26 and draw more than the amount appropriated in this section and 27 incur a negative cash balance as long as there are receivables 28 of federal funds equal to or greater than the negative balance 29 and the amount appropriated in this section is not exceeded at 30 the close of the fiscal year. 31 Sec. 14. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 32 MANAGEMENT. 33 1. There is appropriated from the general fund of the state 34 to the department of homeland security and emergency management 35 -13- HF 861.1963 (3) 89 as/tm 13/ 22
for the fiscal year beginning July 1, 2021, and ending June 1 30, 2022, the following amounts, or so much thereof as is 2 necessary, to be used for the purposes designated: 3 For salaries, support, maintenance, and miscellaneous 4 purposes, and for not more than the following full-time 5 equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,291,540 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 30.00 8 2. The department of homeland security and emergency 9 management may temporarily exceed and draw more than the amount 10 appropriated in this section and incur a negative cash balance 11 as long as there are receivables of federal funds equal to or 12 greater than the negative balance and the amount appropriated 13 in this section is not exceeded at the close of the fiscal 14 year. 15 Sec. 15. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 16 from the general fund of the state to the department of public 17 safety for the fiscal year beginning July 1, 2021, and ending 18 June 30, 2022, the following amounts, or so much thereof as is 19 necessary, to be used for the purposes designated: 20 1. For administrative functions, including salaries and the 21 adjustment of salaries throughout the department, the criminal 22 justice information system, and for not more than the following 23 full-time equivalent positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,833,065 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 43.00 26 2. For the division of criminal investigation, including 27 the state’s contribution to the peace officers’ retirement, 28 accident, and disability system provided in chapter 97A in the 29 amount of the state’s normal contribution rate, as defined in 30 section 97A.8, multiplied by the salaries for which the moneys 31 are appropriated, to meet federal fund matching requirements, 32 and for not more than the following full-time equivalent 33 positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,341,868 35 -14- HF 861.1963 (3) 89 as/tm 14/ 22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 173.00 1 Of the moneys appropriated in this subsection, $125,000 2 shall be used for the division of criminal investigation fusion 3 center and for child pornography prevention and enforcement. 4 3. For the criminalistics laboratory fund created in 5 section 691.9: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 650,000 7 Notwithstanding section 8.33, moneys appropriated in this 8 subsection that remain unencumbered or unobligated at the close 9 of the fiscal year shall not revert but shall remain available 10 for expenditure for the purposes designated until the close of 11 the succeeding fiscal year. 12 4. a. For the division of narcotics enforcement, including 13 the state’s contribution to the peace officers’ retirement, 14 accident, and disability system provided in chapter 97A in the 15 amount of the state’s normal contribution rate, as defined in 16 section 97A.8, multiplied by the salaries for which the moneys 17 are appropriated, to meet federal fund matching requirements, 18 and for not more than the following full-time equivalent 19 positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,428,156 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 67.00 22 The division of narcotics enforcement is authorized an 23 additional 1.00 full-time equivalent position pursuant to 24 this lettered paragraph that is in excess of the number of 25 full-time equivalent positions authorized for the previous 26 fiscal year only if the division of narcotics enforcement 27 receives sufficient federal moneys to maintain employment 28 for the additional full-time equivalent position during the 29 current fiscal year. The division of narcotics enforcement 30 shall only employ the additional full-time equivalent position 31 in succeeding fiscal years if sufficient federal moneys are 32 received during each of those succeeding fiscal years. 33 b. For the division of narcotics enforcement for undercover 34 purchases: 35 -15- HF 861.1963 (3) 89 as/tm 15/ 22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 209,042 1 5. For the division of state fire marshal, for fire 2 protection services as provided through the state fire service 3 and emergency response council as created in the department, 4 and for the state’s contribution to the peace officers’ 5 retirement, accident, and disability system provided in chapter 6 97A in the amount of the state’s normal contribution rate, 7 as defined in section 97A.8, multiplied by the salaries for 8 which the moneys are appropriated, and for not more than the 9 following full-time equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,460,291 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 49.00 12 6. For the division of state patrol, for salaries, support, 13 maintenance, workers’ compensation costs, and miscellaneous 14 purposes, including the state’s contribution to the peace 15 officers’ retirement, accident, and disability system provided 16 in chapter 97A in the amount of the state’s normal contribution 17 rate, as defined in section 97A.8, multiplied by the salaries 18 for which the moneys are appropriated, and for not more than 19 the following full-time equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 71,432,433 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 506.00 22 It is the intent of the general assembly that members of the 23 state patrol be assigned to patrol the highways and roads in 24 lieu of assignments for inspecting school buses for the school 25 districts. 26 Of the moneys appropriated in this subsection, $2,000,000 27 shall be used to fill currently vacant state patrol full-time 28 equivalent positions. 29 7. For deposit in the sick leave benefits fund established 30 in section 80.42 for all departmental employees eligible to 31 receive benefits for accrued sick leave under the collective 32 bargaining agreement: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 279,517 34 8. For costs associated with the training and equipment 35 -16- HF 861.1963 (3) 89 as/tm 16/ 22
needs of volunteer fire fighters: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 950,520 2 It is the intent of the general assembly that moneys 3 appropriated in this subsection shall be used only for public 4 entity fire fighters and volunteer fire fighters. 5 Notwithstanding section 8.33, moneys appropriated in this 6 subsection that remain unencumbered or unobligated at the 7 close of the fiscal year shall not revert but shall remain 8 available for expenditure only for the purpose designated in 9 this subsection until the close of the succeeding fiscal year. 10 9. For the public safety interoperable and broadband 11 communications fund established in section 80.44: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 115,661 13 10. For the office to combat human trafficking established 14 pursuant to section 80.45, including salaries, support, 15 maintenance, miscellaneous purposes, and for not more than the 16 following full-time equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 322,325 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 19 11. For costs associated with the training and equipment 20 needs of volunteer fire fighters: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 175,000 22 It is the intent of the general assembly that moneys 23 appropriated in this subsection be used only for public entity 24 fire fighters and volunteer fire fighters. 25 12. For deposit in the public safety equipment fund 26 established in section 80.48 for the purchase, maintenance, and 27 replacement of equipment used by the department: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,625,000 29 Notwithstanding section 8.39, the department of public 30 safety may reallocate moneys appropriated in this section 31 as necessary to best fulfill the needs provided for in the 32 appropriation. However, the department shall not reallocate 33 moneys appropriated to the department in this section unless 34 notice of the reallocation is given to the legislative services 35 -17- HF 861.1963 (3) 89 as/tm 17/ 22
agency and the department of management prior to the effective 1 date of the reallocation. The notice shall include information 2 regarding the rationale for reallocating the moneys. The 3 department shall not reallocate moneys appropriated in this 4 section for the purpose of eliminating any program. 5 Sec. 16. GAMING ENFORCEMENT. 6 1. There is appropriated from the gaming enforcement 7 revolving fund created in section 80.43 to the department of 8 public safety for the fiscal year beginning July 1, 2021, and 9 ending June 30, 2022, the following amount, or so much thereof 10 as is necessary, to be used for the purposes designated: 11 For any direct support costs for agents and officers of 12 the division of criminal investigation’s excursion gambling 13 boat, gambling structure, and racetrack enclosure enforcement 14 activities, including salaries, support, maintenance, and 15 miscellaneous purposes, and for not more than the following 16 full-time equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,311,731 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 73.00 19 2. For each additional license to conduct gambling games on 20 an excursion gambling boat, gambling structure, or racetrack 21 enclosure issued during the fiscal year beginning July 1, 2021, 22 there is appropriated from the gaming enforcement fund to the 23 department of public safety for the fiscal year beginning July 24 1, 2021, and ending June 30, 2022, an additional amount of 25 not more than $300,000 to be used for full-time equivalent 26 positions. 27 3. The department of public safety, with the approval of the 28 department of management, may employ no more than three special 29 agents for each additional riverboat or gambling structure 30 regulated after July 1, 2022, and three special agents for 31 each racing facility which becomes operational during the 32 fiscal year which begins July 1, 2022. Positions authorized 33 in this subsection are in addition to the full-time equivalent 34 positions otherwise authorized in this section. 35 -18- HF 861.1963 (3) 89 as/tm 18/ 22
Sec. 17. 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, 2021, and ending June 30, 2022, 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,320,899 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 27.00 11 2. The Iowa state civil rights commission may enter into 12 a contract with a nonprofit organization to provide legal 13 assistance to resolve civil rights complaints. 14 Sec. 18. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION. 15 1. There is appropriated from the general fund of the state 16 to the criminal and juvenile justice planning division of the 17 department of human rights for the fiscal year beginning July 18 1, 2021, and ending June 30, 2022, the following amount or 19 so much thereof as is necessary, to be used for the purposes 20 designated: 21 a. For salaries, support, maintenance, and miscellaneous 22 purposes, and for not more than the following full-time 23 equivalent positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,290,499 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 8.82 26 b. (1) For a single grant to a program located in a city 27 with a higher than average juvenile crime rate as determined 28 by the criminal and juvenile justice planning division and 29 a population greater than 80,000 as determined by the 2010 30 federal decennial census, which may be used for studying, 31 planning, programming, and capital, that is committed to 32 deterring juvenile delinquency through early intervention in 33 the criminal justice system by providing a comprehensive, 34 multifaceted delivery of social services: 35 -19- HF 861.1963 (3) 89 as/tm 19/ 22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 140,000 1 (2) The program shall use no more than 5 percent of the 2 grant for administrative costs. 3 2. The justice advisory board and the juvenile justice 4 advisory council shall coordinate their efforts in carrying out 5 their respective duties relative to juvenile justice. 6 Sec. 19. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 7 MANAGEMENT. There is appropriated from the 911 emergency 8 communications fund created in section 34A.7A to the department 9 of homeland security and emergency management for the fiscal 10 year beginning July 1, 2021, and ending June 30, 2022, the 11 following amount, or so much thereof as is necessary, to be 12 used for the purposes designated: 13 For implementation, support, and maintenance of the 14 functions of the administrator and program manager under 15 chapter 34A and to employ the auditor of the state to perform 16 an annual audit of the 911 emergency communications fund: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 18 Sec. 20. CONSUMER EDUCATION AND LITIGATION —— FARM 19 MEDIATION AND PROSECUTIONS, APPEALS, AND CLAIMS. 20 Notwithstanding section 714.16C , there is appropriated from the 21 consumer education and litigation fund to the department of 22 justice for the fiscal year beginning July 1, 2021, and ending 23 June 30, 2022, the following amounts, or so much thereof as is 24 necessary, to be used for the purposes designated: 25 a. For farm mediation services as specified in section 26 13.13, subsection 2 : 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 28 b. For salaries, support, maintenance, and miscellaneous 29 purposes for criminal prosecutions, criminal appeals, and 30 performing duties pursuant to chapter 669 : 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 33 DIVISION II 34 SUPPLEMENTAL AND MISCELLANEOUS APPROPRIATIONS 35 -20- HF 861.1963 (3) 89 as/tm 20/ 22
Sec. 21. DEPARTMENT OF CORRECTIONS —— FACILITIES —— 1 APPROPRIATION. There is appropriated from the general fund of 2 the state to the department of corrections for the fiscal year 3 beginning July 1, 2021, and ending June 30, 2022, the following 4 amount, or so much thereof as is necessary, to be distributed 5 evenly between the department of corrections facilities to be 6 used to fill current vacancies and to create new full-time 7 correctional officer and staff positions at the facilities: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,000,000 9 Sec. 22. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 10 MANAGEMENT —— APPROPRIATION. There is appropriated from 11 the general fund of the state to the department of homeland 12 security and emergency management for the fiscal year beginning 13 July 1, 2021, and ending June 30, 2022, the following amount, 14 or so much thereof as is necessary, to be used to conduct a 15 governance and funding of levee districts study: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000 17 DIVISION III 18 ATTORNEY GENERAL 19 Sec. 23. Section 85.67, Code 2021, is amended to read as 20 follows: 21 85.67 Administration of fund —— special counsel —— payment of 22 award. 23 The attorney general shall appoint a staff member 24 to represent the treasurer of state and the fund in all 25 proceedings and matters arising under this subchapter. The 26 attorney general shall be reimbursed up to two hundred fifteen 27 four hundred fifty thousand dollars annually from the fund 28 for services provided related to the fund. The commissioner 29 of insurance shall consider the reimbursement to the attorney 30 general as an outstanding liability when making a determination 31 of funding availability under section 85.65A, subsection 32 2 . In making an award under this subchapter, the workers’ 33 compensation commissioner shall specifically find the amount 34 the injured employee shall be paid weekly, the number of weeks 35 -21- HF 861.1963 (3) 89 as/tm 21/ 22
of compensation which shall be paid by the employer, the date 1 upon which payments out of the fund shall begin, and, if 2 possible, the length of time the payments shall continue. 3 Sec. 24. 2014 Iowa Acts, chapter 1138, section 21, as 4 amended by 2016 Iowa Acts, chapter 1137, section 18, 2017 Iowa 5 Acts, chapter 167, section 24, and 2019 Iowa Acts, chapter 163, 6 section 26, is amended to read as follows: 7 SEC. 21. CONSUMER EDUCATION AND LITIGATION 8 FUND. Notwithstanding section 714.16C , for each fiscal 9 year of the period beginning July 1, 2014, and ending June 10 30, 2021 2023 , the annual appropriations in section 714.16C , 11 are increased from $1,125,000 to $1,875,000, and $75,000 to 12 $125,000 respectively. 13 DIVISION IV 14 INDIGENT DEFENSE 15 Sec. 25. Section 815.7, Code 2021, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 5A. For appointments made on or after 18 July 1, 2021, the reasonable compensation shall be calculated 19 on the basis of seventy-six dollars per hour for class “A” 20 felonies, seventy-one dollars per hour for class “B” felonies, 21 and sixty-six dollars per hour for all other cases. > 22 ______________________________ HALL of Woodbury -22- HF 861.1963 (3) 89 as/tm 22/ 22