SENATE/HOUSE FILE _____


A BILL FOR

An Act relating to and making appropriations to the justice system and providing an effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.
   DEPARTMENT OF JUSTICE.
   
   1.  There is appropriated from the general fund of the
state to the department of justice for the fiscal year
beginning July 1, 2003, and ending June 30, 2004, the
following amount, or so much thereof as is necessary, to be
used for the purposes designated:
   For the general office of attorney general for salaries,
support, maintenance, miscellaneous purposes including the
prosecuting attorney training program, victim assistance
grants, office of drug control policy (ODCP) prosecuting
attorney program, legal services for persons in poverty grants
as provided in section 13.34, odometer fraud enforcement, and
for not more than the following full-time equivalent
positions:
.................................................. $ 7,271,979
............................................... FTEs 208.50
   It is the intent of the general assembly that as a
condition of receiving the appropriation provided in this
subsection, the department of justice shall maintain a record
of the estimated time incurred representing each agency or
department.
   2.  In addition to the funds appropriated in subsection 1,
there is appropriated from the general fund of the state to
the department of justice for the fiscal year beginning July
1, 2003, and ending June 30, 2004, an amount not exceeding
$200,000 to be used for the enforcement of the Iowa
competition law. The funds appropriated in this subsection
are contingent upon receipt by the general fund of the state
of an amount at least equal to the expenditure amount from
either damages awarded to the state or a political subdivision
of the state by a civil judgment under chapter 553, if the
judgment authorizes the use of the award for enforcement
purposes or costs or attorneys fees awarded the state in state
or federal antitrust actions. However, if the amounts
received as a result of these judgments are in excess of
$200,000, the excess amounts shall not be appropriated to the
department of justice pursuant to this subsection. The
department of justice shall report the department's actual
costs and an estimate of the time incurred enforcing the
competition law, to the cochairpersons and ranking members of
the joint appropriations subcommittee on the justice system,
and to the legislative fiscal bureau by November 15, 2003.
   3.  In addition to the funds appropriated in subsection 1,
there is appropriated from the general fund of the state to
the department of justice for the fiscal year beginning July
1, 2003, and ending June 30, 2004, an amount not exceeding
$1,125,000 to be used for public education relating to
consumer fraud and for enforcement of section 714.16, and an
amount not exceeding $75,000 for investigation, prosecution,
and consumer education relating to consumer and criminal fraud
against older Iowans. The funds appropriated in this
subsection are contingent upon receipt by the general fund of
the state of an amount at least equal to the expenditure
amount from damages awarded to the state or a political
subdivision of the state by a civil consumer fraud judgment or
settlement, if the judgment or settlement authorizes the use
of the award for public education on consumer fraud. However,
if the funds received as a result of these judgments and
settlements are in excess of $1,200,000, the excess funds
shall not be appropriated to the department of justice
pursuant to this subsection. The department of justice shall
report to the cochairpersons and ranking members of the joint
appropriations subcommittee on the justice system, and to the
legislative fiscal bureau by November 15, 2003, the
department's actual costs and an estimate of the time incurred
in providing education pursuant to and enforcing this
subsection.
   4.
  a.  The funds used for victim assistance grants shall
be used to provide grants to care providers providing services
to crime victims of domestic abuse or to crime victims of rape
and sexual assault.
   b.  The balance of the victim compensation fund established
in section 915.94 may be used to provide salary and support of
not more than 22 FTEs and to provide maintenance for the
victim compensation functions of the department of justice.
   5.  The department of justice shall submit monthly
financial statements to the legislative fiscal bureau and the
department of management containing all appropriated accounts
in the same manner as provided in the monthly financial status
reports and personal services usage reports of the department
of revenue and finance. The monthly financial statements
shall include comparisons of the moneys and percentage spent
of budgeted to actual revenues and expenditures on a
cumulative basis for full-time equivalent positions and
available moneys.
   6.
  a.  The department of justice, in submitting budget
estimates for the fiscal year commencing July 1, 2004,
pursuant to section 8.23, shall include a report of funding
from sources other than amounts appropriated directly from the
general fund of the state to the department of justice or to
the office of consumer advocate. These funding sources shall
include, but are not limited to, reimbursements from other
state agencies, commissions, boards, or similar entities, and
reimbursements from special funds or internal accounts within
the department of justice. The department of justice shall
report actual reimbursements for the fiscal year commencing
July 1, 2002, and actual and expected reimbursements for the
fiscal year commencing July 1, 2003.
   b.  The department of justice shall include the report
required under paragraph "a", as well as information regarding
any revisions occurring as a result of reimbursements actually
received or expected at a later date, in a report to the co-
chairpersons and ranking members of the joint appropriations
subcommittee on the justice system and the legislative fiscal
bureau. The department of justice shall submit the report on
or before January 15, 2004.
   7.  As a condition for accepting a grant for legal services
for persons in poverty funded pursuant to section 13.34, an
organization receiving a grant shall submit a report to the
general assembly by January 1, 2004, concerning the use of any
grants received during the previous fiscal year and efforts
made by the organization to find alternative sources of
revenue to replace any reductions in federal funding for the
organization.
   8.  The department of justice and the department of revenue
and finance shall, in consultation with one another, issue a
request for information from private sector collection
agencies, concerning the use of such agencies for the
collection of fines, fees, surcharges, and court costs which
are delinquent more than one year. The department of justice
and the department of revenue and finance shall submit a
report regarding the request for information by December 15,
2003, for consideration by the general assembly in 2004.
    Sec. 2.
   DEPARTMENT OF JUSTICE — ENVIRONMENTAL CRIMES INVESTIGATION AND PROSECUTION — FUNDING.
   There is
appropriated from the environmental crime fund of the
department of justice, consisting of court-ordered fines and
penalties awarded to the department arising out of the
prosecution of environmental crimes, to the department of
justice for the fiscal year beginning July 1, 2003, and ending
June 30, 2004, an amount not exceeding $20,000 to be used by
the department, at the discretion of the attorney general, for
the investigation and prosecution of environmental crimes,
including the reimbursement of expenses incurred by county,
municipal, and other local governmental agencies cooperating
with the department in the investigation and prosecution of
environmental crimes.
   The funds appropriated in this section are contingent upon
receipt by the environmental crime fund of the department of
justice of an amount at least equal to the appropriations made
in this section and received from contributions, court-ordered
restitution as part of judgments in criminal cases, and
consent decrees entered into as part of civil or regulatory
enforcement actions. However, if the funds received during
the fiscal year are in excess of $20,000, the excess funds
shall be deposited in the general fund of the state.
   Notwithstanding section 8.33, moneys appropriated in this
section that remain unexpended or unobligated at the close of
the fiscal year shall not revert but shall remain available
for expenditure for the purpose designated until the close of
the succeeding fiscal year.
    Sec. 3.
   OFFICE OF CONSUMER ADVOCATE.
   There is
appropriated from the general fund of the state to the office
of consumer advocate of the department of justice for the
fiscal year beginning July 1, 2003, and ending June 30, 2004,
the following amount, or so much thereof as is necessary, to
be used for the purposes designated:
   For salaries, support, maintenance, miscellaneous purposes,
and for not more than the following full-time equivalent
positions:
.................................................. $ 2,750,386
............................................... FTEs 27.00
    Sec. 4.
   DEPARTMENT OF CORRECTIONS — FACILITIES.
   
   1.  There is appropriated from the general fund of the
state to the department of corrections for the fiscal year
beginning July 1, 2003, and ending June 30, 2004, the
following amounts, or so much thereof as is necessary, to be
used for the purposes designated:
   For the operation of adult correctional institutions,
reimbursement of counties for certain confinement costs, and
federal prison reimbursement, to be allocated as follows:
   a.  For the operation of the Fort Madison correctional
facility, including salaries, support, maintenance, employment
of correctional officers, miscellaneous purposes, and for not
more than the following full-time equivalent positions:
.................................................. $ 35,673,163
............................................... FTEs 576.50
   b.  For the operation of the Anamosa correctional facility,
including salaries, support, maintenance, employment of
correctional officers and a part-time chaplain to provide
religious counseling to inmates of a minority race,
miscellaneous purposes, and for not more than the following
full-time equivalent positions:
.................................................. $ 24,531,917
............................................... FTEs 375.75
   Moneys are provided within this appropriation for one full-
time substance abuse counselor for the Luster Heights
facility, for the purpose of certification of a substance
abuse program at that facility.
   c.  For the operation of the Oakdale correctional facility,
including salaries, support, maintenance, employment of
correctional officers, miscellaneous purposes, and for not
more than the following full-time equivalent positions:
.................................................. $ 22,107,007
............................................... FTEs 326.50
   d.  For the operation of the Newton correctional facility,
including salaries, support, maintenance, employment of
correctional officers, miscellaneous purposes, and for not
more than the following full-time equivalent positions:
.................................................. $ 22,865,691
............................................... FTEs 371.25
   e.  For the operation of the Mt. Pleasant correctional
facility, including salaries, support, maintenance, employment
of correctional officers and a full-time chaplain to provide
religious counseling at the Oakdale and Mt. Pleasant
correctional facilities, miscellaneous purposes, and for not
more than the following full-time equivalent positions:
.................................................. $ 21,329,386
............................................... FTEs 327.06
   f.  For the operation of the Rockwell City correctional
facility, including salaries, support, maintenance, employment
of correctional officers, miscellaneous purposes, and for not
more than the following full-time equivalent positions:
.................................................. $ 7,383,506
............................................... FTEs 110.00
   g.  For the operation of the Clarinda correctional
facility, including salaries, support, maintenance, employment
of correctional officers, miscellaneous purposes, and for not
more than the following full-time equivalent positions:
.................................................. $ 18,595,788
............................................... FTEs 291.76
   Moneys received by the department of corrections as
reimbursement for services provided to the Clarinda youth
corporation are appropriated to the department and shall be
used for the purpose of operating the Clarinda correctional
facility.
   h.  For the operation of the Mitchellville correctional
facility, including salaries, support, maintenance, employment
of correctional officers, miscellaneous purposes, and for not
more than the following full-time equivalent positions:
.................................................. $ 12,260,590
............................................... FTEs 216.00
   i.  For the operation of the Fort Dodge correctional
facility, including salaries, support, maintenance, employment
of correctional officers, miscellaneous purposes, and for not
more than the following full-time equivalent positions:
.................................................. $ 24,693,949
............................................... FTEs 394.00
   j.  For reimbursement of counties for temporary confinement
of work release and parole violators, as provided in sections
901.7, 904.908, and 906.17 and for offenders confined pursuant
to section 904.513:
.................................................. $ 674,954
   k.  For federal prison reimbursement, reimbursements for
out-of-state placements, and miscellaneous contracts:
.................................................. $ 241,293
   The department of corrections shall use funds appropriated
in this subsection to continue to contract for the services of
a Muslim imam.
   2.
  a.  If the inmate tort claim fund for inmate claims of
less than $100 is exhausted during the fiscal year, sufficient
funds shall be transferred from the institutional budgets to
pay approved tort claims for the balance of the fiscal year.
The warden or superintendent of each institution or
correctional facility shall designate an employee to receive,
investigate, and recommend whether to pay any properly filed
inmate tort claim for less than the above amount. The
designee's recommendation shall be approved or denied by the
warden or superintendent and forwarded to the department of
corrections for final approval and payment. The amounts
appropriated to this fund pursuant to 1987 Iowa Acts, chapter
234, section 304, subsection 2, are not subject to reversion
under section 8.33.
   b.  Tort claims denied at the institution shall be
forwarded to the state appeal board for their consideration as
if originally filed with that body. This procedure shall be
used in lieu of chapter 669 for inmate tort claims of less
than $100.
   3.  It is the intent of the general assembly that the
department of corrections shall timely fill correctional
positions authorized for correctional facilities pursuant to
this section.
    Sec. 5.
   DEPARTMENT OF CORRECTIONS — ADMINISTRATION.
   
   1.  There is appropriated from the general fund of the
state to the department of corrections for the fiscal year
beginning July 1, 2003, and ending June 30, 2004, the
following amounts, or so much thereof as is necessary, to be
used for the purposes designated:
   a.  For general administration, including salaries,
support, maintenance, employment of an education director and
clerk to administer a centralized education program for the
correctional system, miscellaneous purposes, and for not more
than the following full-time equivalent positions:
.................................................. $ 2,713,159
............................................... FTEs 42.18
   (1)  The department shall monitor the use of the
classification model by the judicial district departments of
correctional services and has the authority to override a
district department's decision regarding classification of
community-based clients. The department shall notify a
district department of the reasons for the override.
   (2)  It is the intent of the general assembly that as a
condition of receiving the appropriation provided in this
paragraph, the department of corrections shall not, except as
otherwise provided in subparagraph (3), enter into a new
contract, unless the contract is a renewal of an existing
contract, for the expenditure of moneys in excess of $100,000
during the fiscal year beginning July 1, 2003, for the
privatization of services performed by the department using
state employees as of July 1, 2003, or for the privatization
of new services by the department, without prior consultation
with any applicable state employee organization affected by
the proposed new contract and prior notification of the
cochairpersons and ranking members of the joint appropriations
subcommittee on the justice system.
   (3)  It is the intent of the general assembly that each
lease negotiated by the department of corrections with a
private corporation for the purpose of providing private
industry employment of inmates in a correctional institution
shall prohibit the private corporation from utilizing inmate
labor for partisan political purposes for any person seeking
election to public office in this state and that a violation
of this requirement shall result in a termination of the lease
agreement.
   (4)  It is the intent of the general assembly that as a
condition of receiving the appropriation provided in this
paragraph, the department of corrections shall not enter into
a lease or contractual agreement pursuant to section 904.809
with a private corporation for the use of building space for
the purpose of providing inmate employment without providing
that the terms of the lease or contract establish safeguards
to restrict, to the greatest extent feasible, access by
inmates working for the private corporation to personal
identifying information of citizens.
   b.  For educational programs for inmates at state penal
institutions:
.................................................. $ 1,000,000
   It is the intent of the general assembly that moneys
appropriated in this paragraph shall be used solely for the
purpose indicated and that the moneys shall not be transferred
for any other purpose. In addition, it is the intent of the
general assembly that the department shall consult with the
community colleges in the areas in which the institutions are
located to utilize moneys appropriated in this subsection to
fund the high school completion, high school equivalency
diploma, adult literacy, and adult basic education programs in
a manner so as to maintain these programs at the institutions.
   To maximize the funding for educational programs, the
department shall establish guidelines and procedures to
prioritize the availability of educational and vocational
training for inmates based upon the goal of facilitating an
inmate's successful release from the correctional institution.
   The director of the department of corrections may transfer
moneys from Iowa prison industries for use in educational
programs for inmates.
   Notwithstanding section 8.33, moneys appropriated in this
paragraph that remain unobligated or unexpended at the close
of the fiscal year shall not revert but shall remain available
for expenditure only for the purpose designated in this
paragraph until the close of the succeeding fiscal year.
   c.  For the development of the Iowa corrections offender
network (ICON) data system:
.................................................. $ 427,700
   2.  The department of corrections shall submit a report to
the cochairpersons and ranking members of the joint
appropriations subcommittee on the justice system and the
legislative fiscal bureau, on or before January 15, 2004,
concerning the development and implementation of the Iowa
corrections offender network (ICON) data system.
   3.  It is the intent of the general assembly that the
department of corrections shall continue to operate the
correctional farms under the control of the department at the
same or greater level of participation and involvement as
existed as of January 1, 2003, shall not enter into any rental
agreement or contract concerning any farmland under the
control of the department that is not subject to a rental
agreement or contract as of January 1, 2003, without prior
legislative approval, and shall further attempt to provide job
opportunities at the farms for inmates. The department shall
attempt to provide job opportunities at the farms for inmates
by encouraging labor-intensive farming or gardening where
appropriate, using inmates to grow produce and meat for
institutional consumption, researching the possibility of
instituting food canning and cook-and-chill operations, and
exploring opportunities for organic farming and gardening,
livestock ventures, horticulture, and specialized crops.
   4.  The department shall work to increase produce gardening
by inmates under the control of the correctional institutions,
and, if appropriate, may use the central distribution network
at the Woodward state resource center. The department shall
file a report with the cochairpersons and ranking members of
the joint appropriations subcommittee on the justice system by
December 1, 2003, regarding the feasibility of expanding the
number of acres devoted to organic gardening and to the
growing of organic produce for sale.
   5.  The department of corrections shall submit a report to
the general assembly by January 1, 2004, concerning moneys
recouped from inmate earnings for the reimbursement of
operational expenses of the applicable facility during the
fiscal year beginning July 1, 2002, for each correctional
institution and judicial district department of correctional
services. In addition, each correctional institution and
judicial district department of correctional services shall
continue to submit a report to the legislative fiscal bureau
on a monthly basis concerning moneys recouped from inmate
earnings pursuant to sections 904.702, 904.809, and 905.14.
   6.  The department of corrections, in cooperation with the
judicial district departments of correctional services, shall
develop an agency strategic plan as required by section
8E.204. The plan shall consist of outcome measures for all
treatment programs, including but not limited to successful
completion and return rates, and cost per offender treated.
The plan shall also include a brief description for each
program offered within each judicial district department, the
goals for each program, the program capacity, and the funding
source of the program. The plan shall further include the
level and sublevel classifications for each program on the
corrections continuum in Code chapter 901B. The department
and the judicial district departments of correctional services
shall file a report by December 15, 2003, with the
cochairpersons and ranking members of the joint appropriations
subcommittee on the justice system, and to the legislative
fiscal bureau, detailing the agency strategic plan.
   7.  Notwithstanding the number of full-time equivalent
positions authorized for the department of corrections, the
department may employ more than the number of full-time
equivalent positions as necessary to alleviate staff shortages
caused by members of the Iowa national guard or armed forces
reserve units being called up for active duty.
    Sec. 6.
   JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL SERVICES.
   
   1.  There is appropriated from the general fund of the
state to the department of corrections for the fiscal year
beginning July 1, 2003, and ending June 30, 2004, the
following amounts, or so much thereof as is necessary, to be
allocated as follows:
   a.  For the first judicial district department of
correctional services, including the treatment and supervision
of probation and parole violators who have been released from
the department of corrections violator program, the following
amount, or so much thereof as is necessary:
.................................................. $ 9,282,883
   b.  For the second judicial district department of
correctional services, including the treatment and supervision
of probation and parole violators who have been released from
the department of corrections violator program, the following
amount, or so much thereof as is necessary:
.................................................. $ 7,288,784
   c.  For the third judicial district department of
correctional services, including the treatment and supervision
of probation and parole violators who have been released from
the department of corrections violator program, the following
amount, or so much thereof as is necessary:
.................................................. $ 4,232,132
   d.  For the fourth judicial district department of
correctional services, including the treatment and supervision
of probation and parole violators who have been released from
the department of corrections violator program, the following
amount, or so much thereof as is necessary:
.................................................. $ 3,998,773
   e.  For the fifth judicial district department of
correctional services, including the treatment and supervision
of probation and parole violators who have been released from
the department of corrections violator program, the following
amount, or so much thereof as is necessary:
.................................................. $ 12,129,142
   f.  For the sixth judicial district department of
correctional services, including the treatment and supervision
of probation and parole violators who have been released from
the department of corrections violator program, the following
amount, or so much thereof as is necessary:
.................................................. $ 9,293,841
   g.  For the seventh judicial district department of
correctional services, including the treatment and supervision
of probation and parole violators who have been released from
the department of corrections violator program, the following
amount, or so much thereof as is necessary:
.................................................. $ 5,231,406
   h.  For the eighth judicial district department of
correctional services, including the treatment and supervision
of probation and parole violators who have been released from
the department of corrections violator program, the following
amount, or so much thereof as is necessary:
.................................................. $ 5,280,849
   2.  Each judicial district department of correctional
services, within the funding available, shall continue
programs and plans established within that district to provide
for intensive supervision, sex offender treatment, diversion
of low-risk offenders to the least restrictive sanction
available, job development, and expanded use of intermediate
criminal sanctions.
   3.  Each judicial district department of correctional
services shall provide alternatives to prison consistent with
chapter 901B. The alternatives to prison shall ensure public
safety while providing maximum rehabilitation to the offender.
A judicial district department may also establish a day
program.
   4.  The governor's office of drug control policy shall
consider federal grants made to the department of corrections
for the benefit of each of the eight judicial district
departments of correctional services as local government
grants, as defined pursuant to federal regulations.
   5.  In addition to the requirements of section 8.39, the
department of corrections shall not make an intradepartmental
transfer of moneys appropriated to the department, unless
notice of the intradepartmental transfer is given prior to its
effective date to the legislative fiscal bureau. The notice
shall include information on the department's rationale for
making the transfer and details concerning the work load and
performance measures upon which the transfers are based.
    Sec. 7.
   INTENT — REPORTS.
   
   1.  It is the intent of the general assembly that each
correctional facility make all reasonable efforts to maintain
vocational education programs for inmates during the fiscal
year beginning July 1, 2003, and to identify available funding
sources to continue these programs. The department of
corrections shall submit a report to the general assembly by
January 1, 2004, concerning the efforts made by each
correctional facility in maintaining vocational education
programs for inmates.
   2.  The department of corrections shall submit a report on
inmate labor to the general assembly, the cochairpersons, and
the ranking members of the joint appropriations subcommittee
on the justice system, and to the legislative fiscal bureau by
January 15, 2004. The report shall specifically address the
progress the department has made in implementing the
requirements of section 904.701, inmate labor on capital
improvement projects, community work crews, inmate produce
gardening, and private-sector employment.
   3.  Each month the department shall provide a status report
regarding private-sector employment to the legislative fiscal
bureau beginning on July 1, 2003. The report shall include
the number of offenders employed in the private sector, the
combined number of hours worked by the offenders, and the
total amount of allowances, and the distribution of allowances
pursuant to section 904.702, including any moneys deposited in
the general fund of the state.
    Sec. 8.
   STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
   
   1.  As used in this section, unless the context otherwise
requires, "state agency" means the government of the state of
Iowa, including but not limited to all executive branch
departments, agencies, boards, bureaus, and commissions, the
judicial branch, the general assembly and all legislative
agencies, institutions within the purview of the state board
of regents, and any corporation whose primary function is to
act as an instrumentality of the state.
   2.  State agencies are hereby encouraged to purchase
products from Iowa state industries, as defined in section
904.802, when purchases are required and the products are
available from Iowa state industries. State agencies shall
obtain bids from Iowa state industries for purchases of office
furniture exceeding $5,000 or in accordance with applicable
administrative rules related to purchases for the agency.
    Sec. 9.
   STATE PUBLIC DEFENDER.
   There is appropriated from
the general fund of the state to the office of the state
public defender of the department of inspections and appeals
for the fiscal year beginning July 1, 2003, and ending June
30, 2004, the following amounts, or so much thereof as is
necessary, to be allocated as follows for the purposes
designated:
   1.  For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
.................................................. $ 16,330,999
............................................... FTEs 202.00
   2.  For the fees of court-appointed attorneys for indigent
adults and juveniles, in accordance with section 232.141 and
chapter 815:
.................................................. $ 19,851,587
   The office of the state public defender may reallocate the
moneys appropriated in this section if the legislative fiscal
bureau and the department of management are notified prior to
the reallocation.
   The state public defender's office shall, in consultation
with the indigent defense advisory commission, the judicial
branch, the Iowa state bar association, and other interested
parties, file a report detailing how efficiency and cost
savings measures can be achieved within the state public
defender's office. The report shall be filed with the general
assembly by December 15, 2003. The report shall include a
review of the federal guidelines for appointing an attorney
for an indigent defendant in federal court, make
recommendations for changes to the definition of "indigent"
for the purposes of appointing an attorney in state court,
make recommendations on methods which can be used for
recouping delinquent indigent defense fees, court costs,
surcharges, fines, and other fees, and detail the office's
cost containment efforts, and measurements of performance and
performance-based budgeting.
    Sec. 10.
   IOWA LAW ENFORCEMENT ACADEMY.
   
   1.  There is appropriated from the general fund of the
state to the Iowa law enforcement academy for the fiscal year
beginning July 1, 2003, and ending June 30, 2004, the
following amount, or so much thereof as is necessary, to be
used for the purposes designated:
   For salaries, support, maintenance, miscellaneous purposes,
including jailer training and technical assistance, and for
not more than the following full-time equivalent positions:
.................................................. $ 1,002,629
............................................... FTEs 30.05
   It is the intent of the general assembly that the Iowa law
enforcement academy may provide training of state and local
law enforcement personnel concerning the recognition of and
response to persons with Alzheimer's disease.
   2.  The Iowa law enforcement academy may select at least
five automobiles of the department of public safety, division
of the Iowa state patrol, prior to turning over the
automobiles to the state fleet administrator to be disposed of
by public auction and the Iowa law enforcement academy may
exchange any automobile owned by the academy for each
automobile selected if the selected automobile is used in
training law enforcement officers at the academy. However,
any automobile exchanged by the academy shall be substituted
for the selected vehicle of the department of public safety
and sold by public auction with the receipts being deposited
in the depreciation fund to the credit of the department of
public safety, division of the Iowa state patrol.
    Sec. 11.
   BOARD OF PAROLE.
   There is appropriated from the
general fund of the state to the board of parole for the
fiscal year beginning July 1, 2003, and ending June 30, 2004,
the following amount, or so much thereof as is necessary, to
be used for the purposes designated:
   For salaries, support, maintenance, miscellaneous purposes,
and for not more than the following full-time equivalent
positions:
.................................................. $ 1,015,780
............................................... FTEs 16.50
   The board of parole shall make recommendations regarding
options to improve the criminal justice system which shall
ensure public safety while providing maximum rehabilitation to
the offender. The board shall file a report detailing the
recommendations with the cochairpersons and ranking members of
the joint appropriations subcommittee on the justice system by
December 15, 2003.
    Sec. 12.
   DEPARTMENT OF PUBLIC DEFENSE.
   There is
appropriated from the general fund of the state to the
department of public defense for the fiscal year beginning
July 1, 2003, and ending June 30, 2004, the following amounts,
or so much thereof as is necessary, to be used for the
purposes designated:
   1.  MILITARY DIVISION
   For salaries, support, maintenance, miscellaneous purposes,
and for not more than the following full-time equivalent
positions:
................................................. $ 5,081,502
.............................................. FTEs 298.00
   If there is a surplus in the general fund of the state for
the fiscal year ending June 30, 2004, within 60 days after the
close of the fiscal year, the military division may incur up
to an additional $500,000 in expenditures from the surplus
prior to transfer of the surplus pursuant to section 8.57.
   2.  EMERGENCY MANAGEMENT DIVISION
   For salaries, support, maintenance, miscellaneous purposes,
and for not more than the following full-time equivalent
positions:
.................................................. $ 1,060,492
............................................... FTEs 25.25
    Sec. 13.
   IOWA COMMUNICATIONS NETWORK OPERATIONS.
   
   1.  There is appropriated from the general fund of the
state to the Iowa telecommunications and technology commission
for the fiscal year beginning July 1, 2003, and ending June
30, 2004, the following amount, or so much thereof as is
necessary, to be used for the purposes designated in this
subsection:
   For operations of the network consistent with chapter 8D
and for the following full-time equivalent positions:
.................................................. $ 500,000
............................................... FTEs 105.10
   2.  Notwithstanding section 8.33 or 8.39, moneys
appropriated in this section which remain unobligated or
unexpended at the close of the fiscal year shall not revert
but shall remain available for the purposes designated in the
succeeding fiscal year, and shall not be transferred to any
other program.
   3.  It is the intent of the general assembly that the Iowa
telecommunications and technology commission annually review
the hourly rates established, as provided in section 8D.3,
subsection 3, paragraph "i". Such rates shall be established
in a manner to minimize any subsidy provided through state
general fund appropriations.
    Sec. 14.
   DEPARTMENT OF PUBLIC SAFETY.
   There is
appropriated from the general fund of the state to the
department of public safety for the fiscal year beginning July
1, 2003, and ending June 30, 2004, the following amounts, or
so much thereof as is necessary, to be used for the purposes
designated:
   1.  For the department's administrative functions,
including the criminal justice information system, and for not
more than the following full-time equivalent positions:
.................................................. $ 2,377,580
............................................... FTEs 38.50
   The department shall study the security needs for the state
criminalistics laboratory, the state hygienic laboratory, the
department of agriculture and land stewardship laboratory, and
the state medical examiner's office located on the Des Moines
area community college's campus in Ankeny. The department
shall file a report detailing the results of the department's
study with the general assembly by December 15, 2003.
   2.  For the division of criminal investigation and bureau
of identification including the state's contribution to the
peace officers' retirement, accident, and disability system
provided in chapter 97A in the amount of 17 percent of the
salaries for which the funds are appropriated, to meet federal
fund matching requirements, and for not more than the
following full-time equivalent positions:
.................................................. $ 12,863,855
............................................... FTEs 230.50
   The department of public safety, with the approval of the
department of management, may employ no more than two special
agents and four gaming enforcement officers for each
additional riverboat regulated after July 1, 2003, and one
special agent for each racing facility which becomes
operational during the fiscal year which begins July 1, 2003.
One additional gaming enforcement officer, up to a total of
four per boat, may be employed for each riverboat that has
extended operations to 24 hours and has not previously
operated with a 24-hour schedule. Positions authorized in
this paragraph are in addition to the full-time equivalent
positions otherwise authorized in this subsection.
   3.
  a.  For the division of narcotics enforcement,
including the state's contribution to the peace officers'
retirement, accident, and disability system provided in
chapter 97A in the amount of 17 percent of the salaries for
which the funds are appropriated, to meet federal fund
matching requirements, and for not more than the following
full-time equivalent positions:
.................................................. $ 3,608,471
............................................... FTEs 61.00
   b.  For the division of narcotics enforcement for
undercover purchases:
.................................................. $ 123,343
   4.
  a.  For the state fire marshal's office, including the
state's contribution to the peace officers' retirement,
accident, and disability system provided in chapter 97A in the
amount of 17 percent of the salaries for which the funds are
appropriated, and for not more than the following full-time
equivalent positions:
.................................................. $ 1,818,352
............................................... FTEs 40.00
   b.  For the state fire marshal's office, for fire
protection services as provided through the state fire service
and emergency response council as created in the department,
and for not more than the following full-time equivalent
positions:
.................................................. $ 595,619
............................................... FTEs 12.00
   5.
  a.  For the division of the Iowa state patrol of the
department of public safety, for salaries, support,
maintenance, workers' compensation costs, and miscellaneous
purposes, including the state's contribution to the peace
officers' retirement, accident, and disability system provided
in chapter 97A in the amount of 17 percent of the salaries for
which the funds are appropriated, and for not more than the
following full-time equivalent positions:
.................................................. $ 37,339,586
............................................... FTEs 544.00
   b.  District 16, including the state's contribution to the
peace officers' retirement, accident, and disability system
provided in chapter 97A in the amount of 17 percent of the
salaries for which the funds are appropriated and for not more
than the following full-time equivalent positions:
.................................................. $ 1,210,075
............................................... FTEs 26.00
   6.  For deposit in the public safety law enforcement sick
leave benefits fund established under section 80.42, for all
departmental employees eligible to receive benefits for
accrued sick leave under the collective bargaining agreement:
.................................................. $ 216,104
   7.  An employee of the department of public safety who
retires after July 1, 2003, but prior to June 30, 2004, is
eligible for payment of life or health insurance premiums as
provided for in the collective bargaining agreement covering
the public safety bargaining unit at the time of retirement if
that employee previously served in a position which would have
been covered by the agreement. The employee shall be given
credit for the service in that prior position as though it
were covered by that agreement. The provisions of this
subsection shall not operate to reduce any retirement benefits
an employee may have earned under other collective bargaining
agreements or retirement programs.
   8.  For costs associated with the training and equipment
needs of volunteer fire fighters and for not more than the
following full-time equivalent position:
.................................................. $ 544,587
............................................... FTEs 1.00
   Notwithstanding section 8.33, moneys appropriated in this
subsection that remain unobligated or unexpended at the close
of the fiscal year shall not revert but shall remain available
for expenditure only for the purpose designated in this
subsection until the close of the succeeding fiscal year.
    Sec. 15.
   CIVIL RIGHTS COMMISSION.
   There is appropriated
from the general fund of the state to the Iowa state civil
rights commission for the fiscal year beginning July 1, 2003,
and ending June 30, 2004, the following amount, or so much
thereof as is necessary, to be used for the purposes
designated:
   For salaries, support, maintenance, miscellaneous purposes,
and for not more than the following full-time equivalent
positions:
.................................................. $ 806,894
............................................... FTEs 28.00
   If the anticipated amount of federal funding from the
federal equal employment opportunity commission and the
federal department of housing and urban development exceeds
$1,144,875 during the fiscal year beginning July 1, 2003, the
Iowa state civil rights commission may exceed the staffing
level authorized in this section to hire additional staff to
process or to support the processing of employment and housing
complaints during that fiscal year.
   The Iowa state civil rights commission may enter into a
contract with a nonprofit organization to provide legal
assistance to resolve civil rights complaints.
    Sec. 16.  Section 100B.9, unnumbered paragraph 1, Code 2003, is amended to read as follows:
   The building known as the fire service institute at Iowa
state university, the land upon which the building is located,
and parking space associated with the building shall, until
July 1, 20032010, be leased by Iowa state university to the
department of public safety at a cost not to exceed the actual
cost of heating, lighting, and maintaining the building and
parking space. In the event the department of public safety
locates suitable facilities prior to that time, the lease may
be terminated at the option of the department.
All equipment
owned by Iowa state university and used exclusively to conduct
fire service training, classes, or business shall transfer on
July 1, 2000, to the department of public safety unless such
transfer is prohibited or restricted by law or agreement.
This equipment includes, but is not limited to, breathing
apparatus, fire suppression gear, mobile equipment, office
furniture, computers, copying machines, library, file
cabinets, and training records.
    Sec. 17.
   1998 Iowa Acts, chapter 1101, section 15,
subsection 2, as amended by 1999 Iowa Acts, chapter 202,
section 25, as amended by 2000 Iowa Acts, chapter 1229,
section 25, as amended by 2001 Iowa Acts, chapter 186, section
21, and as amended by 2002 Iowa Acts, Second Extraordinary
Session, chapter 1003, section 170, is amended to read as
follows:
   2.
  a.  There is appropriated from surcharge moneys
received by the E911 administrator and deposited into the
wireless E911 emergency communications fund, for each fiscal
year in the fiscal period beginning July 1, 1998, and ending
June 30, 20032004, an amount not to exceed two hundred
thousand dollars to be used for the implementation, support,
and maintenance of the functions of the E911 administrator.
The amount appropriated in this paragraph includes any amounts
necessary to reimburse the division of emergency management of
the department of public defense pursuant to paragraph "b".
   b.  Notwithstanding the distribution formula in section
34A.7A, as enacted in this Act, and prior to any such
distribution, of the initial surcharge moneys received by the
E911 administrator and deposited into the wireless E911
emergency communications fund, for each fiscal year in the
fiscal period beginning July 1, 1998, and ending June 30, 2003
2004, an amount is appropriated to the division of emergency
management of the department of public defense as necessary to
reimburse the division for amounts expended for the
implementation, support, and maintenance of the E911
administrator, including the E911 administrator's salary.
    Sec. 18.
   POSTING OF REPORTS IN ELECTRONIC FORMAT — LEGISLATIVE FISCAL BUREAU.
   All reports or copies of reports
required to be provided in this Act for fiscal year 2003-2004
to the legislative fiscal bureau shall be provided in an
electronic format. The legislative fiscal bureau shall post
the reports on its internet site and shall notify by
electronic means all the members of the joint appropriations
subcommittee on the justice system when a report is posted.
Upon request, copies of the reports may be mailed to members
of the joint appropriations subcommittee on the justice
system.
    Sec. 19.
   EFFECTIVE DATE.
   The section of this Act amending
1998 Iowa Acts, chapter 1101, being deemed of immediate
importance, takes effect upon enactment.