Senate File 599 S-3220 Amend Senate File 599 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,361,238 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- SF 599.2558 (2) 89 as/tm 1/ 27 #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 7.00 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 7.00 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 7.00 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- SF 599.2558 (2) 89 as/tm 2/ 27
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- SF 599.2558 (2) 89 as/tm 3/ 27
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,488,273 17 b. For the operation of the Anamosa correctional facility, 18 including salaries, support, maintenance, and miscellaneous 19 purposes: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35,868,225 21 c. For the operation of the Oakdale correctional facility, 22 including salaries, support, maintenance, and miscellaneous 23 purposes: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 63,688,978 25 d. For the operation of the Newton correctional facility, 26 including salaries, support, maintenance, and miscellaneous 27 purposes: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,390,947 29 e. For the operation of the Mount Pleasant correctional 30 facility, including salaries, support, maintenance, and 31 miscellaneous purposes: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,680,161 33 f. For the operation of the Rockwell City correctional 34 facility, including salaries, support, maintenance, and 35 -4- SF 599.2558 (2) 89 as/tm 4/ 27
miscellaneous purposes: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,841,112 2 g. For the operation of the Clarinda correctional facility, 3 including salaries, support, maintenance, and miscellaneous 4 purposes: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,647,227 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,979,152 15 i. For the operation of the Fort Dodge correctional 16 facility, including salaries, support, maintenance, and 17 miscellaneous purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,903,150 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- SF 599.2558 (2) 89 as/tm 5/ 27
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,558,227 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- SF 599.2558 (2) 89 as/tm 6/ 27
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 5. For department-wide duties, including operations, costs, 15 and miscellaneous purposes: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,079,991 17 Notwithstanding section 8.33, moneys appropriated in this 18 section that remain unencumbered or unobligated at the close of 19 the fiscal year shall not revert but shall remain available for 20 expenditure for the purposes designated until the close of the 21 succeeding fiscal year. 22 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 23 SERVICES. 24 1. There is appropriated from the general fund of the state 25 to the department of corrections for the fiscal year beginning 26 July 1, 2021, and ending June 30, 2022, for salaries, support, 27 maintenance, and miscellaneous purposes, the following amounts, 28 or so much thereof as is necessary, to be used for the purposes 29 designated: 30 a. For the first judicial district department of 31 correctional services: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,553,865 33 It is the intent of the general assembly that the first 34 judicial district department of correctional services maintains 35 -7- SF 599.2558 (2) 89 as/tm 7/ 27
the drug courts operated by the district department. 1 b. For the second judicial district department of 2 correctional services: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,015,201 4 It is the intent of the general assembly that the second 5 judicial district department of correctional services maintains 6 two drug courts to be operated by the district department. 7 c. For the third judicial district department of 8 correctional services: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,519,274 10 d. For the fourth judicial district department of 11 correctional services: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,941,717 13 e. For the fifth judicial district department of 14 correctional services, including funding for electronic 15 monitoring devices for use on a statewide basis: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,514,230 17 It is the intent of the general assembly that the fifth 18 judicial district department of correctional services maintains 19 the drug court operated by the district department. 20 f. For the sixth judicial district department of 21 correctional services: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,431,664 23 It is the intent of the general assembly that the sixth 24 judicial district department of correctional services maintains 25 the drug court operated by the district department. 26 g. For the seventh judicial district department of 27 correctional services: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,213,355 29 It is the intent of the general assembly that the seventh 30 judicial district department of correctional services maintains 31 the drug court operated by the district department. 32 h. For the eighth judicial district department of 33 correctional services: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,761,954 35 -8- SF 599.2558 (2) 89 as/tm 8/ 27
2. There is appropriated from the general fund of the state 1 to the department of corrections for the fiscal year beginning 2 July 1, 2021, and ending June 30, 2022, the following amount, 3 or so much thereof as is necessary, to be used for the purposes 4 designated: 5 For statewide judicial assistance, support, and pilot 6 projects for judicial district departments of correctional 7 services: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 663,219 9 3. Each judicial district department of correctional 10 services, within the moneys available, shall continue programs 11 and plans established within that district to provide for 12 intensive supervision, sex offender treatment, diversion of 13 low-risk offenders to the least restrictive sanction available, 14 job development, and expanded use of intermediate criminal 15 sanctions. 16 4. Each judicial district department of correctional 17 services shall provide alternatives to prison consistent with 18 chapter 901B. The alternatives to prison shall ensure public 19 safety while providing maximum rehabilitation to the offender. 20 A judicial district department of correctional services may 21 also establish a day program. 22 5. The governor’s office of drug control policy shall 23 consider federal grants made to the department of corrections 24 for the benefit of each of the eight judicial district 25 departments of correctional services as local government 26 grants, as defined pursuant to federal regulations. 27 6. The department of corrections shall continue to contract 28 with a judicial district department of correctional services to 29 provide for the rental of electronic monitoring equipment which 30 shall be available statewide. 31 7. The public safety assessment shall not be utilized 32 in pretrial hearings when determining whether to detain or 33 release a defendant before trial, and the use of the public 34 safety assessment pilot program shall be terminated as of the 35 -9- SF 599.2558 (2) 89 as/tm 9/ 27
effective date of this subsection, until such time the use of 1 the public safety assessment has been specifically authorized 2 by the general assembly. 3 Sec. 6. DEPARTMENT OF CORRECTIONS —— REALLOCATION OF 4 APPROPRIATIONS. Notwithstanding section 8.39, within 5 the moneys appropriated in this Act to the department of 6 corrections, the department may reallocate the moneys 7 appropriated and allocated as necessary to best fulfill the 8 needs of the correctional institutions, administration of 9 the department, and the judicial district departments of 10 correctional services. However, in addition to complying with 11 the requirements of sections 904.116 and 905.8 and providing 12 notice to the legislative services agency, the department 13 of corrections shall also provide notice to the department 14 of management, prior to the effective date of the revision 15 or reallocation of an appropriation made pursuant to this 16 section. The department of corrections shall not reallocate an 17 appropriation or allocation for the purpose of eliminating any 18 program. 19 Sec. 7. INTENT —— REPORTS. 20 1. The department of corrections, in cooperation with 21 townships, the Iowa cemetery associations, and other nonprofit 22 or governmental entities, may use inmate labor during the 23 fiscal year beginning July 1, 2021, to restore or preserve 24 rural cemeteries and historical landmarks. The department, in 25 cooperation with the counties, may also use inmate labor to 26 clean up roads, major water sources, and other water sources 27 around the state. 28 2. On a quarterly basis, the department shall provide 29 a status report regarding private-sector employment to the 30 general assembly beginning on July 1, 2021. The report shall 31 include the number of offenders employed in the private sector, 32 the combined number of hours worked by the offenders, the 33 total amount of allowances, and the distribution of allowances 34 pursuant to section 904.702, including any moneys deposited in 35 -10- SF 599.2558 (2) 89 as/tm 10/ 27
the general fund of the state. 1 Sec. 8. ELECTRONIC MONITORING REPORT. The department of 2 corrections shall submit a report on electronic monitoring 3 to the general assembly by January 15, 2022. The report 4 shall specifically address the number of persons being 5 electronically monitored and break down the number of persons 6 being electronically monitored by offense committed. The 7 report shall also include a comparison of any data from the 8 prior fiscal year with the current fiscal year. 9 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 10 1. As used in this section, unless the context otherwise 11 requires, “state agency” means the government of the state 12 of Iowa, including but not limited to all executive branch 13 departments, agencies, boards, bureaus, and commissions, the 14 judicial branch, the general assembly and all legislative 15 agencies, institutions within the purview of the state board of 16 regents, and any corporation whose primary function is to act 17 as an instrumentality of the state. 18 2. State agencies are encouraged to purchase products from 19 Iowa state industries, as defined in section 904.802, when 20 purchases are required and the products are available from 21 Iowa state industries. State agencies shall obtain bids from 22 Iowa state industries for purchases of office furniture during 23 the fiscal year beginning July 1, 2021, exceeding $5,000 or 24 in accordance with applicable administrative rules related to 25 purchases for the agency. 26 Sec. 10. IOWA LAW ENFORCEMENT ACADEMY. 27 1. There is appropriated from the general fund of the 28 state to the Iowa law enforcement academy for the fiscal year 29 beginning July 1, 2021, and ending June 30, 2022, the following 30 amount, or so much thereof as is necessary, to be used for the 31 purposes designated: 32 a. For salaries, support, maintenance, and miscellaneous 33 purposes, including jailer training and technical assistance, 34 and for not more than the following full-time equivalent 35 -11- SF 599.2558 (2) 89 as/tm 11/ 27
positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,220,749 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 30.25 3 b. The Iowa law enforcement academy may temporarily exceed 4 and draw more than the amount appropriated in this subsection 5 and incur a negative cash balance as long as there are 6 receivables equal to or greater than the negative balance and 7 the amount appropriated in this subsection is not exceeded at 8 the close of the fiscal year. 9 2. The Iowa law enforcement academy may select at least 10 five automobiles of the department of public safety, division 11 of state patrol, prior to turning over the automobiles to 12 the department of administrative services to be disposed 13 of by public auction, and the Iowa law enforcement academy 14 may exchange any automobile owned by the academy for each 15 automobile selected if the selected automobile is used in 16 training law enforcement officers at the academy. However, any 17 automobile exchanged by the academy shall be substituted for 18 the selected vehicle of the department of public safety and 19 sold by public auction with the receipts being deposited in the 20 depreciation fund maintained pursuant to section 8A.365 to the 21 credit of the department of public safety, division of state 22 patrol. 23 3. The Iowa law enforcement academy shall provide training 24 for domestic abuse and human trafficking-related issues 25 throughout the state. The training shall be offered at no 26 cost to the attendees and the training shall not replace any 27 existing domestic abuse or human trafficking training offered 28 by the academy. 29 Sec. 11. STATE PUBLIC DEFENDER. There is appropriated from 30 the general fund of the state to the office of the state public 31 defender of the department of inspections and appeals for the 32 fiscal year beginning July 1, 2021, and ending June 30, 2022, 33 the following amounts, or so much thereof as is necessary, to 34 be used for the purposes designated: 35 -12- SF 599.2558 (2) 89 as/tm 12/ 27
1. For salaries, support, maintenance, and miscellaneous 1 purposes, and for not more than the following full-time 2 equivalent positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,483,120 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 233.00 5 2. For payments on behalf of eligible adults and juveniles 6 from the indigent defense fund, in accordance with section 7 815.11: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,960,374 9 Sec. 12. BOARD OF PAROLE. There is appropriated from the 10 general fund of the state to the board of parole for the fiscal 11 year beginning July 1, 2021, and ending June 30, 2022, the 12 following amount, or so much thereof as is necessary, to be 13 used for the purposes designated: 14 For salaries, support, maintenance, and miscellaneous 15 purposes, and for not more than the following full-time 16 equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,285,739 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.53 19 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE. 20 1. There is appropriated from the general fund of the 21 state to the department of public defense, for the fiscal year 22 beginning July 1, 2021, and ending June 30, 2022, the following 23 amounts, or so much thereof as is necessary, to be used for the 24 purposes designated: 25 For salaries, support, maintenance, and miscellaneous 26 purposes, and for not more than the following full-time 27 equivalent positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,916,601 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 254.00 30 2. The department of public defense may temporarily exceed 31 and draw more than the amount appropriated in this section and 32 incur a negative cash balance as long as there are receivables 33 of federal funds equal to or greater than the negative balance 34 and the amount appropriated in this section is not exceeded at 35 -13- SF 599.2558 (2) 89 as/tm 13/ 27
the close of the fiscal year. 1 Sec. 14. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 2 MANAGEMENT. 3 1. There is appropriated from the general fund of the state 4 to the department of homeland security and emergency management 5 for the fiscal year beginning July 1, 2021, and ending June 6 30, 2022, the following amounts, or so much thereof as is 7 necessary, to be used for the purposes designated: 8 For salaries, support, maintenance, and miscellaneous 9 purposes, and for not more than the following full-time 10 equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,287,756 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 30.00 13 2. The department of homeland security and emergency 14 management may temporarily exceed and draw more than the amount 15 appropriated in this section and incur a negative cash balance 16 as long as there are receivables of federal funds equal to or 17 greater than the negative balance and the amount appropriated 18 in this section is not exceeded at the close of the fiscal 19 year. 20 Sec. 15. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 21 from the general fund of the state to the department of public 22 safety 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 1. For administrative functions, including salaries and the 26 adjustment of salaries throughout the department, the criminal 27 justice information system, and for not more than the following 28 full-time equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,833,065 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 43.00 31 2. For the division of criminal investigation, including 32 the state’s contribution to the peace officers’ retirement, 33 accident, and disability system provided in chapter 97A in the 34 amount of the state’s normal contribution rate, as defined in 35 -14- SF 599.2558 (2) 89 as/tm 14/ 27
section 97A.8, multiplied by the salaries for which the moneys 1 are appropriated, to meet federal fund matching requirements, 2 and for not more than the following full-time equivalent 3 positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,316,868 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 180.00 6 3. For the criminalistics laboratory fund created in 7 section 691.9: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 650,000 9 Notwithstanding section 8.33, moneys appropriated in this 10 subsection that remain unencumbered or unobligated at the close 11 of the fiscal year shall not revert but shall remain available 12 for expenditure for the purposes designated until the close of 13 the succeeding fiscal year. 14 4. a. For the division of narcotics enforcement, including 15 the state’s contribution to the peace officers’ retirement, 16 accident, and disability system provided in chapter 97A in the 17 amount of the state’s normal contribution rate, as defined in 18 section 97A.8, multiplied by the salaries for which the moneys 19 are appropriated, to meet federal fund matching requirements, 20 and for not more than the following full-time equivalent 21 positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,428,156 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 67.00 24 The division of narcotics enforcement is authorized an 25 additional 1.00 full-time equivalent position pursuant to 26 this lettered paragraph that is in excess of the number of 27 full-time equivalent positions authorized for the previous 28 fiscal year only if the division of narcotics enforcement 29 receives sufficient federal moneys to maintain employment 30 for the additional full-time equivalent position during the 31 current fiscal year. The division of narcotics enforcement 32 shall only employ the additional full-time equivalent position 33 in succeeding fiscal years if sufficient federal moneys are 34 received during each of those succeeding fiscal years. 35 -15- SF 599.2558 (2) 89 as/tm 15/ 27
b. For the division of narcotics enforcement for undercover 1 purchases: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 209,042 3 5. For the division of state fire marshal, for fire 4 protection services as provided through the state fire service 5 and emergency response council as created in the department, 6 and for the state’s contribution to the peace officers’ 7 retirement, accident, and disability system provided in chapter 8 97A in the amount of the state’s normal contribution rate, 9 as defined in section 97A.8, multiplied by the salaries for 10 which the moneys are appropriated, and for not more than the 11 following full-time equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,460,291 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 49.00 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 69,432,433 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 506.00 24 It is the intent of the general assembly that members of the 25 state patrol be assigned to patrol the highways and roads in 26 lieu of assignments for inspecting school buses for the school 27 districts. 28 7. For deposit in the sick leave benefits fund established 29 in section 80.42 for all departmental employees eligible to 30 receive benefits for accrued sick leave under the collective 31 bargaining agreement: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 279,517 33 8. For costs associated with the training and equipment 34 needs of volunteer fire fighters: 35 -16- SF 599.2558 (2) 89 as/tm 16/ 27
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 825,520 1 Notwithstanding section 8.33, moneys appropriated in this 2 subsection that remain unencumbered or unobligated at the 3 close of the fiscal year shall not revert but shall remain 4 available for expenditure only for the purpose designated in 5 this subsection until the close of the succeeding fiscal year. 6 9. For the public safety interoperable and broadband 7 communications fund established in section 80.44: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 115,661 9 10. For the office to combat human trafficking established 10 pursuant to section 80.45, including salaries, support, 11 maintenance, miscellaneous purposes, and for not more than the 12 following full-time equivalent positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 197,325 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 15 11. For costs associated with the training and equipment 16 needs of volunteer fire fighters: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 18 12. For deposit in the public safety equipment fund 19 established in section 80.48 for the purchase, maintenance, and 20 replacement of equipment used by the department: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500,000 22 Notwithstanding section 8.39, the department of public 23 safety may reallocate moneys appropriated in this section 24 as necessary to best fulfill the needs provided for in the 25 appropriation. However, the department shall not reallocate 26 moneys appropriated to the department in this section unless 27 notice of the reallocation is given to the legislative services 28 agency and the department of management prior to the effective 29 date of the reallocation. The notice shall include information 30 regarding the rationale for reallocating the moneys. The 31 department shall not reallocate moneys appropriated in this 32 section for the purpose of eliminating any program. 33 Sec. 16. GAMING ENFORCEMENT. 34 1. There is appropriated from the gaming enforcement 35 -17- SF 599.2558 (2) 89 as/tm 17/ 27
revolving fund created in section 80.43 to the department of 1 public safety for the fiscal year beginning July 1, 2021, and 2 ending June 30, 2022, the following amount, or so much thereof 3 as is necessary, to be used for the purposes designated: 4 For any direct support costs for agents and officers of 5 the division of criminal investigation’s excursion gambling 6 boat, gambling structure, and racetrack enclosure enforcement 7 activities, including salaries, support, maintenance, and 8 miscellaneous purposes, and for not more than the following 9 full-time equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,211,731 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 73.00 12 2. For each additional license to conduct gambling games on 13 an excursion gambling boat, gambling structure, or racetrack 14 enclosure issued during the fiscal year beginning July 1, 2021, 15 there is appropriated from the gaming enforcement fund to the 16 department of public safety for the fiscal year beginning July 17 1, 2021, and ending June 30, 2022, an additional amount of 18 not more than $300,000 to be used for full-time equivalent 19 positions. 20 3. The department of public safety, with the approval of the 21 department of management, may employ no more than three special 22 agents for each additional riverboat or gambling structure 23 regulated after July 1, 2022, and three special agents for 24 each racing facility which becomes operational during the 25 fiscal year which begins July 1, 2022. Positions authorized 26 in this subsection are in addition to the full-time equivalent 27 positions otherwise authorized in this section. 28 Sec. 17. CIVIL RIGHTS COMMISSION. 29 1. There is appropriated from the general fund of the state 30 to the Iowa state civil rights commission for the fiscal year 31 beginning July 1, 2021, and ending June 30, 2022, the following 32 amount, or so much thereof as is necessary, to be used for the 33 purposes designated: 34 For salaries, support, maintenance, and miscellaneous 35 -18- SF 599.2558 (2) 89 as/tm 18/ 27
purposes, and for not more than the following full-time 1 equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,318,718 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 27.00 4 2. The Iowa state civil rights commission may enter into 5 a contract with a nonprofit organization to provide legal 6 assistance to resolve civil rights complaints. 7 Sec. 18. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION. 8 1. There is appropriated from the general fund of the state 9 to the criminal and juvenile justice planning division of the 10 department of human rights for the fiscal year beginning July 11 1, 2021, and ending June 30, 2022, the following amount or 12 so much thereof as is necessary, to be used for the purposes 13 designated: 14 a. For salaries, support, maintenance, and miscellaneous 15 purposes, and for not more than the following full-time 16 equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,288,368 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 8.82 19 b. (1) For a single grant to a program located in a city 20 with a higher than average juvenile crime rate as determined 21 by the criminal and juvenile justice planning division and 22 a population greater than 80,000 as determined by the 2010 23 federal decennial census, which may be used for studying, 24 planning, programming, and capital, that is committed to 25 deterring juvenile delinquency through early intervention in 26 the criminal justice system by providing a comprehensive, 27 multifaceted delivery of social services and which shall meet 28 the guiding principles and standards for assessment centers set 29 forth by the national assessment center association: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 140,000 31 (2) The program shall use no more than 5 percent of the 32 grant for administrative costs. 33 (3) A city shall not receive a grant under this paragraph, 34 or a similar grant from the state of Iowa, for more than 35 -19- SF 599.2558 (2) 89 as/tm 19/ 27
two consecutive fiscal years unless no other city meets the 1 requirements specified in subparagraph (1). 2 2. The justice advisory board and the juvenile justice 3 advisory council shall coordinate their efforts in carrying out 4 their respective duties relative to juvenile justice. 5 Sec. 19. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 6 MANAGEMENT. There is appropriated from the 911 emergency 7 communications fund created in section 34A.7A to the department 8 of homeland security and emergency management for the fiscal 9 year beginning July 1, 2021, and ending June 30, 2022, the 10 following amount, or so much thereof as is necessary, to be 11 used for the purposes designated: 12 For implementation, support, and maintenance of the 13 functions of the administrator and program manager under 14 chapter 34A and to employ the auditor of the state to perform 15 an annual audit of the 911 emergency communications fund: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 17 Sec. 20. CONSUMER EDUCATION AND LITIGATION —— FARM 18 MEDIATION AND PROSECUTIONS, APPEALS, AND CLAIMS. 19 Notwithstanding section 714.16C , there is appropriated from the 20 consumer education and litigation fund to the department of 21 justice for the fiscal year beginning July 1, 2021, and ending 22 June 30, 2022, the following amounts, or so much thereof as is 23 necessary, to be used for the purposes 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 32 DIVISION II 33 MISCELLANEOUS APPROPRIATIONS 34 Sec. 21. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 35 -20- SF 599.2558 (2) 89 as/tm 20/ 27
MANAGEMENT —— APPROPRIATION. There is appropriated from 1 the general fund of the state to the department of homeland 2 security and emergency management for the fiscal year beginning 3 July 1, 2021, and ending June 30, 2022, the following amount, 4 or so much thereof as is necessary, to be used to conduct a 5 governance and funding of levee districts study: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000 7 DIVISION III 8 ATTORNEY GENERAL 9 Sec. 22. Section 85.67, Code 2021, is amended to read as 10 follows: 11 85.67 Administration of fund —— special counsel —— payment of 12 award. 13 The attorney general shall appoint a staff member 14 to represent the treasurer of state and the fund in all 15 proceedings and matters arising under this subchapter. The 16 attorney general shall be reimbursed up to two hundred fifteen 17 four hundred fifty thousand dollars annually from the fund 18 for services provided related to the fund. The commissioner 19 of insurance shall consider the reimbursement to the attorney 20 general as an outstanding liability when making a determination 21 of funding availability under section 85.65A, subsection 22 2 . In making an award under this subchapter, the workers’ 23 compensation commissioner shall specifically find the amount 24 the injured employee shall be paid weekly, the number of weeks 25 of compensation which shall be paid by the employer, the date 26 upon which payments out of the fund shall begin, and, if 27 possible, the length of time the payments shall continue. 28 Sec. 23. 2014 Iowa Acts, chapter 1138, section 21, as 29 amended by 2016 Iowa Acts, chapter 1137, section 18, 2017 Iowa 30 Acts, chapter 167, section 24, and 2019 Iowa Acts, chapter 163, 31 section 26, is amended to read as follows: 32 SEC. 21. CONSUMER EDUCATION AND LITIGATION 33 FUND. Notwithstanding section 714.16C , for each fiscal 34 year of the period beginning July 1, 2014, and ending June 35 -21- SF 599.2558 (2) 89 as/tm 21/ 27
30, 2021 2023 , the annual appropriations in section 714.16C , 1 are increased from $1,125,000 to $1,875,000, and $75,000 to 2 $125,000 respectively. 3 DIVISION IV 4 INDIGENT DEFENSE 5 Sec. 24. Section 815.7, Code 2021, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 5A. For appointments made on or after 8 July 1, 2021, the reasonable compensation shall be calculated 9 on the basis of seventy-six dollars per hour for class “A” 10 felonies, seventy-one dollars per hour for class “B” felonies, 11 and sixty-six dollars per hour for all other cases. 12 DIVISION V 13 GAMBLING —— FEES 14 Sec. 25. Section 99D.14, subsection 2, paragraph a, 15 subparagraph (1), Code 2021, is amended to read as follows: 16 (1) A licensee shall pay a regulatory fee to be charged as 17 provided in this section . In determining the regulatory fee 18 to be charged as provided under this section , the commission 19 shall use the amount appropriated to the commission plus 20 the cost of salaries for no more than three special agents 21 assigned pursuant to the provisions of section 80.25A, for 22 each racetrack that has not been issued a table games license 23 under chapter 99F or no more than three special agents 24 assigned pursuant to the provisions of section 80.25A, for each 25 racetrack that has been issued a table games license under 26 chapter 99F , plus any direct and indirect support costs for the 27 agents, for the division of criminal investigation’s racetrack 28 activities duties pursuant to chapters 99D, 99E, and 99F, and 29 section 80.25A , as the basis for determining the amount of 30 revenue to be raised from the regulatory fee. 31 Sec. 26. Section 99F.10, subsection 4, paragraph a, Code 32 2021, is amended to read as follows: 33 a. In determining the license fees and state regulatory 34 fees to be charged as provided under section 99F.4 and this 35 -22- SF 599.2558 (2) 89 as/tm 22/ 27
section , the commission shall use as the basis for determining 1 the amount of revenue to be raised from the license fees and 2 regulatory fees the amount appropriated to the commission plus 3 the cost of salaries for no more than three special agents for 4 each excursion gambling boat or gambling structure assigned 5 pursuant to the provisions of section 80.25A , plus any direct 6 and indirect support costs for the agents, for the division of 7 criminal investigation’s excursion gambling boat or gambling 8 structure activities duties pursuant to chapters 99D, 99E, and 9 99F, and section 80.25A . 10 Sec. 27. Section 99F.10, Code 2021, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 4A. For the fiscal year beginning July 13 1, 2021, and each fiscal year thereafter, the seven licensees 14 with the lowest adjusted gross receipts for the previous fiscal 15 year shall pay a reduced regulatory fee. The division of 16 criminal investigation shall calculate the regulatory fee to 17 be paid by each licensee using a methodology that reduces the 18 regulatory fee for the seven licensees with the lowest adjusted 19 gross receipts by an amount equivalent to the portion of the 20 regulatory fees associated with one special agent. 21 Sec. 28. GAMBLING GAMES AND SPORTS WAGERING REGULATION 22 —— FEES. Notwithstanding section 99F.10, the cost of seven 23 special agent full-time equivalent positions assigned pursuant 24 to section 80.25A, as determined by the commissioner of public 25 safety, shall be credited to the general fund on July 1, 2021. 26 DIVISION VI 27 DEPARTMENT OF PUBLIC SAFETY —— BUREAU OF CYBER-CRIME 28 Sec. 29. Section 80.9A, subsection 6, Code 2021, is amended 29 by adding the following new paragraph: 30 NEW PARAGRAPH . h. When engaged in the investigation of 31 crimes and the enforcement of laws relating to cyber-crime. 32 Sec. 30. NEW SECTION . 80.40 Bureau of cyber-crime. 33 1. The bureau of cyber-crime is established within the 34 division of criminal investigation of the department. The 35 -23- SF 599.2558 (2) 89 as/tm 23/ 27
purpose of the bureau is to investigate crimes with a nexus to 1 the internet or computer technology including but not limited 2 to crimes involving child exploitation and cyber intrusion. 3 2. The bureau of cyber-crime shall have the authority 4 to conduct investigations and perform forensic analyses 5 of criminal cases involving computer technology and to 6 provide assistance to governmental agencies involved in the 7 investigation of cyber-crime. 8 DIVISION VII 9 DEPARTMENT OF CORRECTIONS 10 Sec. 31. Section 99G.39, Code 2021, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 4A. One hundred thousand dollars in 13 lottery revenues shall be transferred each fiscal year to the 14 department of corrections survivor benefits fund established 15 pursuant to section 904.321 prior to deposit of the lottery 16 revenues in the general fund pursuant to section 99G.40. 17 Sec. 32. NEW SECTION . 509A.13D Health insurance coverage —— 18 surviving spouse and children of certain employees of the Iowa 19 department of corrections. 20 1. For the purposes of this section, “eligible employee of 21 the Iowa department of corrections” means any of the following: 22 a. An employee of the Iowa department of corrections. 23 b. An employee of the Iowa department of corrections whose 24 death has been determined by the department to be the direct 25 and proximate result of a traumatic personal injury incurred in 26 the line of duty, and to whom none of the following applies: 27 (1) The employee’s death resulted from stress, strain, 28 occupational illness, or a chronic, progressive, or congenital 29 illness, including but not limited to a disease of the heart, 30 lungs, or respiratory system, unless a traumatic personal 31 injury was a substantial contributing factor to the employee’s 32 death. 33 (2) The employee’s death was caused by the employee’s 34 intentional misconduct, or by the employee’s intent to cause 35 -24- SF 599.2558 (2) 89 as/tm 24/ 27
the employee’s own death. 1 (3) The employee was voluntarily intoxicated at the time of 2 the employee’s death. 3 (4) The employee was performing the employee’s duties in a 4 grossly negligent manner at the time of the employee’s death. 5 2. a. If the governing body of the state has procured 6 health insurance coverage for its employees under this chapter, 7 the governing body of the state shall permit continuation 8 of existing health insurance coverage or reenrollment in 9 previously existing coverage for the surviving spouse and each 10 surviving child of an eligible employee of the Iowa department 11 of corrections. 12 b. The governing body of the state shall permit continuation 13 of existing health insurance coverage for the surviving spouse 14 and each surviving child of an employee of the Iowa department 15 of corrections who dies and who is reasonably expected to be 16 determined to be an eligible employee of the Iowa department 17 of corrections, until such time as the determination of 18 eligibility is made. 19 3. The governing body of the state shall not be required to 20 pay for the cost of the health insurance under this section; 21 however, the governing body of the state may pay the full cost 22 or a portion of the cost of the health insurance. If the full 23 cost or a portion of the cost of the coverage is not paid by 24 the governing body of the state, the surviving spouse and each 25 surviving child who is eligible for health insurance under this 26 section may elect to continue coverage by paying that portion 27 of the cost of the health insurance not paid by the governing 28 body of the state. 29 4. The governing body of the state shall notify the 30 provider of health insurance coverage for state employees of 31 the identity of the surviving spouse and each surviving child 32 who is to be provided health insurance coverage pursuant to the 33 requirements of this section. 34 5. This section shall not require continuation of health 35 -25- SF 599.2558 (2) 89 as/tm 25/ 27
insurance coverage if the surviving spouse or a surviving child 1 who would otherwise be entitled to continuation of health 2 insurance coverage under this section was, through the actions 3 of the surviving spouse or the surviving child, a substantial 4 contributing factor to the death of the eligible employee of 5 the Iowa department of corrections. 6 Sec. 33. NEW SECTION . 904.321 Department of corrections 7 survivor benefits fund. 8 1. A department of corrections survivor benefits fund is 9 established in the state treasury under the control of the 10 department. The fund shall consist of moneys transferred 11 to the fund pursuant to section 99G.39 and any other moneys 12 appropriated to or deposited in the fund. Moneys in the fund 13 are appropriated to the department for the purposes set forth 14 in subsection 2. 15 2. The department shall distribute the moneys credited to 16 the fund in a fiscal year in the form of grants to nonprofit 17 organizations that provide resources to assist surviving 18 families of eligible employees of the department of corrections 19 killed in the line of duty in paying costs associated with 20 accident or health care coverage pursuant to section 509A.13D. 21 3. Notwithstanding section 8.33, moneys in the fund 22 that remain unencumbered or unobligated at the close of a 23 fiscal year shall not revert but shall remain available for 24 expenditure for the purposes designated. Notwithstanding 25 section 12C.7, subsection 2, interest or earnings on moneys in 26 the fund shall be credited to the fund. 27 Sec. 34. EFFECTIVE DATE. This division of this Act, being 28 deemed of immediate importance, takes effect upon enactment. 29 Sec. 35. RETROACTIVE APPLICABILITY. This division of this 30 Act applies retroactively to March 1, 2021. > 31 2. Title page, by striking line 1 and inserting < An Act 32 relating to appropriations to the justice system, gambling 33 regulatory fees, and creating a bureau of cyber—crime, 34 establishing a survivor benefits fund, and including effective 35 -26- SF 599.2558 (2) 89 as/tm 26/ 27
date and retroactive applicability provisions. > 1 ______________________________ JULIAN GARRETT -27- SF 599.2558 (2) 89 as/tm 27/ 27