House File 2258
HOUSE FILE
BY FORD
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to and making appropriations to the department of
2 justice.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6146HH 80
5 ec/sh/8
PAG LIN
1 1 Section 1. DEPARTMENT OF JUSTICE.
1 2 1. There is appropriated from the general fund of the
1 3 state to the department of justice for the fiscal year
1 4 beginning July 1, 2004, and ending June 30, 2005, the
1 5 following amount, or so much thereof as is necessary, to be
1 6 used for the purposes designated:
1 7 For the office of attorney general for salaries, support,
1 8 maintenance, miscellaneous purposes including the prosecuting
1 9 attorney training program, victim assistance grants, office of
1 10 drug control policy (ODCP) prosecuting attorney program, legal
1 11 services for persons in poverty grants as provided in section
1 12 13.34, odometer fraud enforcement, and for not more than the
1 13 following full=time equivalent positions:
1 14 .................................................. $ 7,565,245
1 15 ................................................ FTEs 208.50
1 16 It is the intent of the general assembly that as a
1 17 condition of receiving the appropriation provided in this
1 18 subsection, the department of justice shall maintain a record
1 19 of the estimated time incurred representing each agency or
1 20 department.
1 21 2. In addition to the funds appropriated in subsection 1,
1 22 there is appropriated from the general fund of the state to
1 23 the department of justice for the fiscal year beginning July
1 24 1, 2004, and ending June 30, 2005, an amount not exceeding
1 25 $200,000 to be used for the enforcement of the Iowa
1 26 competition law. The funds appropriated in this subsection
1 27 are contingent upon receipt by the general fund of the state
1 28 of an amount at least equal to the expenditure amount from
1 29 either damages awarded to the state or a political subdivision
1 30 of the state by a civil judgment under chapter 553, if the
1 31 judgment authorizes the use of the award for enforcement
1 32 purposes, or costs or attorney fees awarded the state in state
1 33 or federal antitrust actions. However, if the amounts
1 34 received as a result of these judgments are in excess of
1 35 $200,000, the excess amounts shall not be appropriated to the
2 1 department of justice pursuant to this subsection. The
2 2 department of justice shall report the department's actual
2 3 costs and an estimate of the time incurred enforcing the
2 4 competition law, to the cochairpersons and ranking members of
2 5 the joint appropriations subcommittee on the justice system,
2 6 and to the legislative services agency by November 15, 2004.
2 7 3. a. In addition to the funds appropriated in subsection
2 8 1, there is appropriated from the general fund of the state to
2 9 the department of justice for the fiscal year beginning July
2 10 1, 2004, and ending June 30, 2005, an amount not exceeding
2 11 $1,125,000 to be used for public education relating to
2 12 consumer fraud and for enforcement of section 714.16, and an
2 13 amount not exceeding $75,000 for investigation, prosecution,
2 14 and consumer education relating to consumer and criminal fraud
2 15 against older Iowans.
2 16 b. The funds appropriated in this subsection are
2 17 contingent upon receipt by the general fund of the state of an
2 18 amount at least equal to the expenditure amount from damages
2 19 awarded to the state or a political subdivision of the state
2 20 pursuant to a civil consumer fraud judgment or settlement, if
2 21 the judgment or settlement authorizes the use of the award for
2 22 public education on consumer fraud. However, if the funds
2 23 received as a result of these judgments and settlements are in
2 24 excess of $1,200,000, the excess funds shall not be
2 25 appropriated to the department of justice pursuant to this
2 26 subsection. The department of justice shall report to the
2 27 cochairpersons and ranking members of the joint appropriations
2 28 subcommittee on the justice system, and to the legislative
2 29 services agency by November 15, 2004, the department's actual
2 30 costs and an estimate of the time incurred in providing
2 31 education pursuant to and enforcing this subsection.
2 32 4. In addition to the funds appropriated in subsection 1,
2 33 there is appropriated from the general fund of the state to
2 34 the department of justice for the fiscal year beginning July
2 35 1, 2004, and ending June 30, 2005, the following amount, or so
3 1 much thereof as is necessary, to be used for victim assistance
3 2 grants:
3 3 .................................................. $ 25,000
3 4 The funds appropriated for victim assistance grants shall
3 5 be used to provide grants to care providers providing services
3 6 to victims of domestic abuse or to victims of rape and sexual
3 7 assault.
3 8 5. The balance of the victim compensation fund established
3 9 in section 915.94 may be used to provide salary and support
3 10 for not more than 22.0 FTEs and to provide maintenance for the
3 11 victim compensation functions of the department of justice.
3 12 6. The department of justice shall submit monthly
3 13 financial statements to the legislative services agency and
3 14 the department of management for all appropriated accounts in
3 15 the same manner as provided in the monthly financial status
3 16 reports and personal services usage reports of the department
3 17 of revenue. The monthly financial statements shall include
3 18 comparisons of the moneys and percentage spent of budgeted to
3 19 actual revenues and expenditures on a cumulative basis for
3 20 full=time equivalent positions and available moneys.
3 21 7. a. The department of justice, in submitting budget
3 22 estimates for the fiscal year commencing July 1, 2005,
3 23 pursuant to section 8.23, shall include a report of funding
3 24 from sources other than amounts appropriated directly from the
3 25 general fund of the state to the department of justice or to
3 26 the office of consumer advocate. These funding sources shall
3 27 include, but are not limited to, reimbursements from other
3 28 state agencies, commissions, boards, or similar entities, and
3 29 reimbursements from special funds or internal accounts within
3 30 the department of justice. The department of justice shall
3 31 report actual reimbursements for the fiscal year commencing
3 32 July 1, 2003, and actual and expected reimbursements for the
3 33 fiscal year commencing July 1, 2004.
3 34 b. The department of justice shall include the report
3 35 required under paragraph "a", as well as information regarding
4 1 any revisions occurring as a result of reimbursements actually
4 2 received or expected at a later date, in a report to the
4 3 cochairpersons and ranking members of the joint appropriations
4 4 subcommittee on the justice system and the legislative
4 5 services agency. The department of justice shall submit the
4 6 report on or before January 15, 2005.
4 7 8. As a condition for accepting a grant for legal services
4 8 for persons in poverty funded pursuant to section 13.34, an
4 9 organization receiving a grant shall submit a report to the
4 10 general assembly by January 1, 2005, concerning the use of any
4 11 grants received during the previous fiscal year and efforts
4 12 made by the organization to find alternative sources of
4 13 revenue to replace any reductions in federal funding for the
4 14 organization.
4 15 Sec. 2. DEPARTMENT OF JUSTICE == ENVIRONMENTAL CRIMES
4 16 INVESTIGATION AND PROSECUTION == FUNDING. There is
4 17 appropriated from the environmental crime fund of the
4 18 department of justice, consisting of court=ordered fines and
4 19 penalties awarded to the department arising out of the
4 20 prosecution of environmental crimes, to the department of
4 21 justice for the fiscal year beginning July 1, 2004, and ending
4 22 June 30, 2005, an amount not exceeding $20,000 to be used by
4 23 the department, at the discretion of the attorney general, for
4 24 the investigation and prosecution of environmental crimes,
4 25 including the reimbursement of expenses incurred by county,
4 26 municipal, and other local governmental agencies cooperating
4 27 with the department in the investigation and prosecution of
4 28 environmental crimes.
4 29 The funds appropriated in this section are contingent upon
4 30 receipt by the environmental crime fund of the department of
4 31 justice of an amount at least equal to the appropriations made
4 32 in this section and received from contributions, court=ordered
4 33 restitution as part of judgments in criminal cases, and
4 34 consent decrees entered into as part of civil or regulatory
4 35 enforcement actions. However, if the funds received during
5 1 the fiscal year are in excess of $20,000, the excess funds
5 2 shall be deposited in the general fund of the state.
5 3 Notwithstanding section 8.33, moneys appropriated in this
5 4 section that remain unexpended or unobligated at the close of
5 5 the fiscal year shall not revert but shall remain available
5 6 for expenditure for the purpose designated until the close of
5 7 the succeeding fiscal year.
5 8 Sec. 3. OFFICE OF CONSUMER ADVOCATE. There is
5 9 appropriated from the general fund of the state to the office
5 10 of consumer advocate of the department of justice for the
5 11 fiscal year beginning July 1, 2004, and ending June 30, 2005,
5 12 the following amount, or so much thereof as is necessary, to
5 13 be used for the purposes designated:
5 14 For salaries, support, maintenance, miscellaneous purposes,
5 15 and for not more than the following full=time equivalent
5 16 positions:
5 17 .................................................. $ 2,874,682
5 18 ............................................... FTEs 27.00
5 19 EXPLANATION
5 20 This bill appropriates money to the department of justice,
5 21 including the office of consumer advocate, for the fiscal year
5 22 beginning July 1, 2004.
5 23 The bill includes appropriations to the department of
5 24 justice for the general operations of the attorney general's
5 25 office, for legal services grants, for enforcement of the Iowa
5 26 competition law, for consumer fraud education and enforcement,
5 27 and for victim assistance grants. The bill also appropriates
5 28 money from the environmental crime fund to the attorney
5 29 general's office to be used for environmental crime
5 30 enforcement.
5 31 LSB 6146HH 80
5 32 ec/sh/8