House Study Bill 193 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY HOUSE APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM) A BILL FOR An Act relating to and making appropriations to the justice 1 system. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1005HB (6) 84 jm/jp
H.F. _____ DIVISION I 1 APPROPRIATIONS 2 Section 1. DEPARTMENT OF JUSTICE. 3 1. There is appropriated from the general fund of the state 4 to the department of justice for the fiscal year beginning July 5 1, 2011, and ending June 30, 2012, the following amounts, or 6 so much thereof as is necessary, to be used for the purposes 7 designated: 8 a. For the general office of attorney general for salaries, 9 support, maintenance, and miscellaneous purposes, including 10 the prosecuting attorneys training program, matching funds 11 for federal violence against women grant programs, victim 12 assistance grants, office of drug control policy prosecuting 13 attorney program, and odometer fraud enforcement, and for not 14 more than the following full-time equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,292,930 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 212.00 17 It is the intent of the general assembly that as a condition 18 of receiving the appropriation provided in this lettered 19 paragraph, the department of justice shall maintain a record 20 of the estimated time incurred representing each agency or 21 department. 22 b. For victim assistance grants: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,876,400 24 The funds appropriated in this lettered paragraph shall be 25 used to provide grants to care providers providing services to 26 crime victims of domestic abuse or to crime victims of rape and 27 sexual assault. 28 The balance of the victim compensation fund established in 29 section 915.94 may be used to provide salary and support of not 30 more than 24 FTEs and to provide maintenance for the victim 31 compensation functions of the department of justice. 32 The department of justice may transfer moneys from the 33 victim compensation fund established in section 915.94 to the 34 victim assistance grant program. 35 -1- LSB 1005HB (6) 84 jm/jp 1/ 41
H.F. _____ c. For legal services for persons in poverty grants as 1 provided in section 13.34: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 3 2. a. The department of justice, in submitting budget 4 estimates for the fiscal year commencing July 1, 2012, pursuant 5 to section 8.23, shall include a report of funding from sources 6 other than amounts appropriated directly from the general fund 7 of the state to the department of justice or to the office of 8 consumer advocate. These funding sources shall include but 9 are not limited to reimbursements from other state agencies, 10 commissions, boards, or similar entities, and reimbursements 11 from special funds or internal accounts within the department 12 of justice. The department of justice shall also report actual 13 reimbursements for the fiscal year commencing July 1, 2010, 14 and actual and expected reimbursements for the fiscal year 15 commencing July 1, 2011. 16 b. The department of justice shall include the report 17 required under paragraph “a”, as well as information regarding 18 any revisions occurring as a result of reimbursements actually 19 received or expected at a later date, in a report to the 20 co-chairpersons and ranking members of the joint appropriations 21 subcommittee on the justice system and the legislative services 22 agency. The department of justice shall submit the report on 23 or before January 15, 2012. 24 Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated 25 from the department of commerce revolving fund created in 26 section 546.12 to the office of consumer advocate of the 27 department of justice for the fiscal year beginning July 1, 28 2011, and ending June 30, 2012, the following amount, or so 29 much thereof as is necessary, to be used for the purposes 30 designated: 31 For salaries, support, maintenance, miscellaneous purposes, 32 and for not more than the following full-time equivalent 33 positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,136,163 35 -2- LSB 1005HB (6) 84 jm/jp 2/ 41
H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 1 Sec. 3. DEPARTMENT OF CORRECTIONS —— FACILITIES. 2 1. There is appropriated from the general fund of the 3 state to the department of corrections for the fiscal year 4 beginning July 1, 2011, and ending June 30, 2012, the following 5 amounts, or so much thereof as is necessary, to be used for the 6 operation of adult correctional institutions, reimbursement 7 of counties for certain confinement costs, and federal prison 8 reimbursement, to be allocated as follows: 9 a. For the operation of the Fort Madison correctional 10 facility, including salaries, support, maintenance, and 11 miscellaneous purposes: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41,031,283 13 b. For the operation of the Anamosa correctional facility, 14 including salaries, support, maintenance, and miscellaneous 15 purposes: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,985,974 17 c. For the operation of the Oakdale correctional facility, 18 including salaries, support, maintenance, and miscellaneous 19 purposes: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 54,374,426 21 d. For the operation of the Newton correctional facility, 22 including salaries, support, maintenance, and miscellaneous 23 purposes: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,958,757 25 e. For the operation of the Mt. Pleasant correctional 26 facility, including salaries, support, maintenance, and 27 miscellaneous purposes: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,917,815 29 f. For the operation of the Rockwell City correctional 30 facility, including salaries, support, maintenance, and 31 miscellaneous purposes: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,316,466 33 g. For the operation of the Clarinda correctional facility, 34 including salaries, support, maintenance, and miscellaneous 35 -3- LSB 1005HB (6) 84 jm/jp 3/ 41
H.F. _____ purposes: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,639,518 2 Moneys received by the department of corrections as 3 reimbursement for services provided to the Clarinda youth 4 corporation are appropriated to the department and shall be 5 used for the purpose of operating the Clarinda correctional 6 facility. 7 h. For the operation of the Mitchellville correctional 8 facility, including salaries, support, maintenance, and 9 miscellaneous purposes: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,615,374 11 i. For the operation of the Fort Dodge correctional 12 facility, including salaries, support, maintenance, and 13 miscellaneous purposes: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,062,235 15 j. For reimbursement of counties for temporary confinement 16 of work release and parole violators, as provided in sections 17 901.7, 904.908, and 906.17, and for offenders confined pursuant 18 to section 904.513: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 775,092 20 k. For federal prison reimbursement, reimbursements for 21 out-of-state placements, and miscellaneous contracts: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 239,411 23 2. The department of corrections shall use moneys 24 appropriated in subsection 1 to continue to contract for the 25 services of a Muslim imam and a Native American spiritual 26 leader. 27 Sec. 4. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. 28 There is appropriated from the general fund of the state to 29 the department of corrections for the fiscal year beginning 30 July 1, 2011, and ending June 30, 2012, the following amounts, 31 or so much thereof as is necessary, to be used for the purposes 32 designated: 33 1. For general administration, including salaries, support, 34 maintenance, employment of an education director to administer 35 -4- LSB 1005HB (6) 84 jm/jp 4/ 41
H.F. _____ a centralized education program for the correctional system, 1 and miscellaneous purposes: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,835,542 3 a. It is the intent of the general assembly that as a 4 condition of receiving the appropriation provided in this 5 lettered paragraph the department of corrections shall not, 6 except as otherwise provided in paragraph “c”, enter into a 7 new contract, unless the contract is a renewal of an existing 8 contract, for the expenditure of moneys in excess of $100,000 9 during the fiscal year beginning July 1, 2011, for the 10 privatization of services performed by the department using 11 state employees as of July 1, 2011, or for the privatization 12 of new services by the department without prior consultation 13 with any applicable state employee organization affected 14 by the proposed new contract and prior notification of the 15 co-chairpersons and ranking members of the joint appropriations 16 subcommittee on the justice system. 17 b. It is the intent of the general assembly that each 18 lease negotiated by the department of corrections with a 19 private corporation for the purpose of providing private 20 industry employment of inmates in a correctional institution 21 shall prohibit the private corporation from utilizing inmate 22 labor for partisan political purposes for any person seeking 23 election to public office in this state and that a violation 24 of this requirement shall result in a termination of the lease 25 agreement. 26 c. It is the intent of the general assembly that as a 27 condition of receiving the appropriation provided in this 28 subsection the department of corrections shall not enter into 29 a lease or contractual agreement pursuant to section 904.809 30 with a private corporation for the use of building space for 31 the purpose of providing inmate employment without providing 32 that the terms of the lease or contract establish safeguards to 33 restrict, to the greatest extent feasible, access by inmates 34 working for the private corporation to personal identifying 35 -5- LSB 1005HB (6) 84 jm/jp 5/ 41
H.F. _____ information of citizens. 1 2. For educational programs for inmates at state penal 2 institutions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,308,109 4 a. As a condition of receiving the appropriation in this 5 subsection, the department of corrections shall transfer at 6 least $300,000 from the canteen operating funds established 7 pursuant to section 904.310 to be used for correctional 8 educational programs funded in this subsection. 9 b. It is the intent of the general assembly that moneys 10 appropriated in this subsection shall be used solely for the 11 purpose indicated and that the moneys shall not be transferred 12 for any other purpose. In addition, it is the intent of the 13 general assembly that the department shall consult with the 14 community colleges in the areas in which the institutions are 15 located to utilize moneys appropriated in this subsection 16 to fund the high school completion, high school equivalency 17 diploma, adult literacy, and adult basic education programs in 18 a manner so as to maintain these programs at the institutions. 19 c. To maximize the funding for educational programs, 20 the department shall establish guidelines and procedures to 21 prioritize the availability of educational and vocational 22 training for inmates based upon the goal of facilitating an 23 inmate’s successful release from the correctional institution. 24 d. The director of the department of corrections may 25 transfer moneys from Iowa prison industries for use in 26 educational programs for inmates. 27 e. Notwithstanding section 8.33, moneys appropriated in 28 this subsection that remain unobligated or unexpended at the 29 close of the fiscal year shall not revert but shall remain 30 available to be used only for the purposes designated in this 31 subsection until the close of the succeeding fiscal year. 32 3. For the development of the Iowa corrections offender 33 network (ICON) data system: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 424,364 35 -6- LSB 1005HB (6) 84 jm/jp 6/ 41
H.F. _____ 4. For offender mental health and substance abuse 1 treatment: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,319 3 5. For viral hepatitis prevention and treatment: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 167,881 5 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 6 SERVICES. 7 1. There is appropriated from the general fund of the state 8 to the department of corrections for the fiscal year beginning 9 July 1, 2011, and ending June 30, 2012, for salaries, support, 10 maintenance, and miscellaneous purposes, the following amounts, 11 or so much thereof as is necessary, to be allocated as follows: 12 a. For the first judicial district department of 13 correctional services: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,020,098 15 b. For the second judicial district department of 16 correctional services: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,336,948 18 c. For the third judicial district department of 19 correctional services: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,599,765 21 d. For the fourth judicial district department of 22 correctional services: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,391,355 24 e. For the fifth judicial district department of 25 correctional services, including funding for electronic 26 monitoring devices for use on a statewide basis: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,742,129 28 f. For the sixth judicial district department of 29 correctional services: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,112,563 31 g. For the seventh judicial district department of 32 correctional services: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,492,814 34 h. For the eighth judicial district department of 35 -7- LSB 1005HB (6) 84 jm/jp 7/ 41
H.F. _____ correctional services: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,731,055 2 2. Each judicial district department of correctional 3 services, within the funding available, shall continue programs 4 and plans established within that district to provide for 5 intensive supervision, sex offender treatment, diversion of 6 low-risk offenders to the least restrictive sanction available, 7 job development, and expanded use of intermediate criminal 8 sanctions. 9 3. Each judicial district department of correctional 10 services shall provide alternatives to prison consistent with 11 chapter 901B. The alternatives to prison shall ensure public 12 safety while providing maximum rehabilitation to the offender. 13 A judicial district department of correctional services may 14 also establish a day program. 15 4. The governor’s office of drug control policy shall 16 consider federal grants made to the department of corrections 17 for the benefit of each of the eight judicial district 18 departments of correctional services as local government 19 grants, as defined pursuant to federal regulations. 20 5. The department of corrections shall continue to contract 21 with a judicial district department of correctional services to 22 provide for the rental of electronic monitoring equipment which 23 shall be available statewide. 24 6. A judicial district department of correctional services 25 shall accept into the facilities of the district department, 26 offenders assigned from other judicial district departments of 27 correctional services. 28 Sec. 6. DEPARTMENT OF CORRECTIONS —— REALLOCATION OF 29 APPROPRIATIONS. Notwithstanding section 8.39, within 30 the moneys appropriated in this Act to the department of 31 corrections, the department may reallocate the moneys 32 appropriated and allocated as necessary to best fulfill the 33 needs of the correctional institutions, administration of 34 the department, and the judicial district departments of 35 -8- LSB 1005HB (6) 84 jm/jp 8/ 41
H.F. _____ correctional services. However, in addition to complying with 1 the requirements of sections 904.116 and 905.8 and providing 2 notice to the legislative services agency, the department 3 of corrections shall also provide notice to the department 4 of management, prior to the effective date of the revision 5 or reallocation of an appropriation made pursuant to this 6 section. The department of corrections shall not reallocate an 7 appropriation or allocation for the purpose of eliminating any 8 program. 9 Sec. 7. INTENT —— REPORTS. 10 1. The department of corrections in cooperation with 11 townships, the Iowa cemetery associations, and other nonprofit 12 or governmental entities may use inmate labor during the 13 fiscal year beginning July 1, 2011, to restore or preserve 14 rural cemeteries and historical landmarks. The department in 15 cooperation with the counties may also use inmate labor to 16 clean up roads, major water sources, and other water sources 17 around the state. 18 2. On a quarterly basis the department shall provide a 19 status report regarding private-sector employment to the 20 legislative services agency beginning on July 1, 2011. The 21 report shall include the number of offenders employed in the 22 private sector, the combined number of hours worked by the 23 offenders, the total amount of allowances, and the distribution 24 of allowances pursuant to section 904.702, including any moneys 25 deposited in the general fund of the state. 26 Sec. 8. ELECTRONIC MONITORING REPORT. The department of 27 corrections shall submit a report on electronic monitoring to 28 the general assembly, to the co-chairpersons and the ranking 29 members of the joint appropriations subcommittee on the justice 30 system, and to the legislative services agency by January 31 15, 2012. The report shall specifically address the number 32 of persons being electronically monitored and break down the 33 number of persons being electronically monitored by offense 34 committed. The report shall also include a comparison of any 35 -9- LSB 1005HB (6) 84 jm/jp 9/ 41
H.F. _____ data from the prior fiscal year with the current year. 1 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 2 1. As used in this section, unless the context otherwise 3 requires, “state agency” means the government of the state 4 of Iowa, including but not limited to all executive branch 5 departments, agencies, boards, bureaus, and commissions, the 6 judicial branch, the general assembly and all legislative 7 agencies, institutions within the purview of the state board of 8 regents, and any corporation whose primary function is to act 9 as an instrumentality of the state. 10 2. State agencies are hereby encouraged to purchase 11 products from Iowa state industries, as defined in section 12 904.802, when purchases are required and the products are 13 available from Iowa state industries. State agencies shall 14 obtain bids from Iowa state industries for purchases of 15 office furniture during the fiscal year beginning July 1, 16 2011, exceeding $5,000 or in accordance with applicable 17 administrative rules related to purchases for the agency. 18 Sec. 10. STATE PUBLIC DEFENDER. There is appropriated from 19 the general fund of the state to the office of the state public 20 defender of the department of inspections and appeals for the 21 fiscal year beginning July 1, 2011, and ending June 30, 2012, 22 the following amounts, or so much thereof as is necessary, to 23 be allocated as follows for the purposes designated: 24 1. For salaries, support, maintenance, miscellaneous 25 purposes, and for not more than the following full-time 26 equivalent positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,083,182 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 219.00 29 2. For the fees of court-appointed attorneys for indigent 30 adults and juveniles, in accordance with section 232.141 and 31 chapter 815: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,680,929 33 Sec. 11. BOARD OF PAROLE. There is appropriated from the 34 general fund of the state to the board of parole for the fiscal 35 -10- LSB 1005HB (6) 84 jm/jp 10/ 41
H.F. _____ year beginning July 1, 2011, and ending June 30, 2012, the 1 following amount, or so much thereof as is necessary, to be 2 used for the purposes designated: 3 For salaries, support, maintenance, miscellaneous purposes, 4 and for not more than the following full-time equivalent 5 positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,053,835 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.50 8 Sec. 12. DEPARTMENT OF PUBLIC DEFENSE. There is 9 appropriated from the general fund of the state to the 10 department of public defense for the fiscal year beginning July 11 1, 2011, and ending June 30, 2012, the following amounts, or 12 so much thereof as is necessary, to be used for the purposes 13 designated: 14 1. MILITARY DIVISION 15 For salaries, support, maintenance, miscellaneous purposes, 16 and for not more than the following full-time equivalent 17 positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,527,042 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 313.00 20 The military division may temporarily exceed and draw more 21 than the amount appropriated in this subsection and incur a 22 negative cash balance as long as there are receivables of 23 federal funds equal to or greater than the negative balance and 24 the amount appropriated in this subsection is not exceeded at 25 the close of the fiscal year. 26 2. HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION 27 For salaries, support, maintenance, miscellaneous purposes, 28 and for not more than the following full-time equivalent 29 positions: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,836,877 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 40.00 32 a. The homeland security and emergency management 33 division may temporarily exceed and draw more than the amount 34 appropriated in this subsection and incur a negative cash 35 -11- LSB 1005HB (6) 84 jm/jp 11/ 41
H.F. _____ balance as long as there are receivables of federal funds 1 equal to or greater than the negative balance and the amount 2 appropriated in this subsection is not exceeded at the close 3 of the fiscal year. 4 b. It is the intent of the general assembly that the 5 homeland security and emergency management division work in 6 conjunction with the department of public safety, to the extent 7 possible, when gathering and analyzing information related 8 to potential domestic or foreign security threats, and when 9 monitoring such threats. 10 Sec. 13. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 11 from the general fund of the state to the department of public 12 safety for the fiscal year beginning July 1, 2011, and ending 13 June 30, 2012, the following amounts, or so much thereof as is 14 necessary, to be used for the purposes designated: 15 1. For the department’s administrative functions, including 16 the criminal justice information system, and for not more than 17 the following full-time equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,007,075 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 36.00 20 2. For the division of criminal investigation, including 21 the state’s contribution to the peace officers’ retirement, 22 accident, and disability system provided in chapter 97A in the 23 amount of the state’s normal contribution rate, as defined in 24 section 97A.8, multiplied by the salaries for which the funds 25 are appropriated, to meet federal fund matching requirements, 26 and for not more than the following full-time equivalent 27 positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,533,931 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 159.10 30 The department shall employ one additional special agent and 31 one additional criminalist for the purpose of investigating 32 cold cases. Prior to employing the additional special agent 33 and criminalist authorized in this paragraph, the department 34 shall provide a written statement to prospective employees that 35 -12- LSB 1005HB (6) 84 jm/jp 12/ 41
H.F. _____ states to the effect that the positions are being funded by a 1 temporary federal grant and there are no assurances that funds 2 from other sources will be available after the federal funding 3 expires. If the federal funding for the additional positions 4 expires during the fiscal year, the number of full-time 5 equivalent positions authorized in this subsection is reduced 6 by 2.00 FTEs. 7 3. For the criminalistics laboratory fund created in 8 section 691.9: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 302,345 10 4. a. For the division of narcotics enforcement, including 11 the state’s contribution to the peace officers’ retirement, 12 accident, and disability system provided in chapter 97A in the 13 amount of the state’s normal contribution rate, as defined in 14 section 97A.8, multiplied by the salaries for which the funds 15 are appropriated, to meet federal fund matching requirements, 16 and for not more than the following full-time equivalent 17 positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,429,884 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 74.00 20 b. For the division of narcotics enforcement for undercover 21 purchases: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 109,042 23 5. For the division of state fire marshal, for fire 24 protection services as provided through the state fire service 25 and emergency response council as created in the department, 26 and for the state’s contribution to the peace officers’ 27 retirement, accident, and disability system provided in chapter 28 97A in the amount of the state’s normal contribution rate, as 29 defined in section 97A.8, multiplied by the salaries for which 30 the funds are appropriated, and for not more than the following 31 full-time equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,298,707 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 55.00 34 6. For the division of state patrol, for salaries, support, 35 -13- LSB 1005HB (6) 84 jm/jp 13/ 41
H.F. _____ maintenance, workers’ compensation costs, and miscellaneous 1 purposes, including the state’s contribution to the peace 2 officers’ retirement, accident, and disability system provided 3 in chapter 97A in the amount of the state’s normal contribution 4 rate, as defined in section 97A.8, multiplied by the salaries 5 for which the funds are appropriated, and for not more than the 6 following full-time equivalent positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 51,903,233 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 513.00 9 It is the intent of the general assembly that members of the 10 state patrol be assigned to patrol the highways and roads in 11 lieu of assignments for inspecting school buses for the school 12 districts. 13 7. For deposit in the sick leave benefits fund established 14 under section 80.42 for all departmental employees eligible to 15 receive benefits for accrued sick leave under the collective 16 bargaining agreement: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 279,517 18 8. For costs associated with the training and equipment 19 needs of volunteer fire fighters: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 575,520 21 a. Notwithstanding section 8.33, moneys appropriated in 22 this subsection that remain unencumbered or unobligated at the 23 close of the fiscal year shall not revert but shall remain 24 available for expenditure only for the purpose designated in 25 this subsection until the close of the succeeding fiscal year. 26 b. Notwithstanding section 8.39, within the moneys 27 appropriated in this section, the department of public safety 28 may reallocate moneys as necessary to best fulfill the needs 29 provided for in the appropriation. However, the department 30 shall not reallocate an appropriation made to the department 31 in this section unless notice of the reallocation is given 32 to the legislative services agency and the department of 33 management prior to the effective date of the reallocation. 34 The notice shall include information regarding the rationale 35 -14- LSB 1005HB (6) 84 jm/jp 14/ 41
H.F. _____ for reallocating the appropriation. The department shall 1 not reallocate an appropriation made in this section for the 2 purpose of eliminating any program. 3 9. For the law enforcement training council, if enacted by 4 this Act, for salaries, support, maintenance, miscellaneous 5 purposes, and for not more than the following full-time 6 equivalent positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 398,500 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 3.00 9 Sec. 14. GAMING ENFORCEMENT. 10 1. There is appropriated from the gaming enforcement 11 revolving fund created in section 80.43 to the department of 12 public safety for the fiscal year beginning July 1, 2011, and 13 ending June 30, 2012, the following amount, or so much thereof 14 as is necessary, to be used for the purposes designated: 15 For any direct and indirect support costs for agents 16 and officers of the division of criminal investigation’s 17 excursion gambling boat, gambling structure, and racetrack 18 enclosure enforcement activities, including salaries, support, 19 maintenance, miscellaneous purposes, and for not more than the 20 following full-time equivalent positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,836,306 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 120.00 23 2. For each additional license to conduct gambling games on 24 an excursion gambling boat, gambling structure, or racetrack 25 enclosure issued during the fiscal year beginning July 1, 2011, 26 there is appropriated from the gaming enforcement fund to the 27 department of public safety for the fiscal year beginning July 28 1, 2011, and ending June 30, 2012, an additional amount of not 29 more than $521,000 to be used for not more than 6.00 additional 30 full-time equivalent positions. 31 3. The department of public safety, with the approval 32 of the department of management, may employ no more than two 33 special agents and four gaming enforcement officers for each 34 additional riverboat or gambling structure regulated after July 35 -15- LSB 1005HB (6) 84 jm/jp 15/ 41
H.F. _____ 1, 2011, and one special agent for each racing facility which 1 becomes operational during the fiscal year which begins July 1, 2 2011. One additional gaming enforcement officer, up to a total 3 of four per riverboat or gambling structure, may be employed 4 for each riverboat or gambling structure that has extended 5 operations to 24 hours and has not previously operated with a 6 24-hour schedule. Positions authorized in this subsection are 7 in addition to the full-time equivalent positions otherwise 8 authorized in this section. 9 Sec. 15. CIVIL RIGHTS COMMISSION. There is appropriated 10 from the general fund of the state to the Iowa state civil 11 rights commission for the fiscal year beginning July 1, 12 2011, and ending June 30, 2012, the following amount, or so 13 much thereof as is necessary, to be used for the purposes 14 designated: 15 For salaries, support, maintenance, miscellaneous purposes, 16 and for not more than the following full-time equivalent 17 positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,297,069 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.00 20 The Iowa state civil rights commission may enter into 21 a contract with a nonprofit organization to provide legal 22 assistance to resolve civil rights complaints. 23 Sec. 16. 2009 Iowa Acts, chapter 178, section 20, is amended 24 to read as follows: 25 SEC. 20. CONSUMER EDUCATION AND LITIGATION 26 FUND. Notwithstanding section 714.16C, for each fiscal 27 year of the period beginning July 1, 2008, and ending June 28 30, 2011 2013 , the annual appropriations in section 714.16C, 29 are increased from $1,125,000 to $1,875,000, and $75,000 to 30 $125,000 respectively. Moneys appropriated from the consumer 31 education and litigation fund may be allocated for cash flow 32 purposes to the victim compensation fund established in section 33 915.94 during each of the fiscal years enumerated, provided 34 that any moneys so allocated are returned to the consumer 35 -16- LSB 1005HB (6) 84 jm/jp 16/ 41
H.F. _____ education and litigation fund by the end of each fiscal year an 1 allocation occurs. 2 Sec. 17. IOWA COMMUNICATIONS NETWORK. It is the 3 intent of the general assembly that the executive branch 4 agencies receiving an appropriation in this Act utilize 5 the Iowa communications network or secure other electronic 6 communications in lieu of traveling for the fiscal year 7 addressed by the appropriations. 8 Sec. 18. HOMELAND SECURITY AND EMERGENCY MANAGEMENT 9 DIVISION. There is appropriated from the wireless E911 10 emergency communications fund created in section 34A.7A to the 11 administrator of the homeland security and emergency management 12 division of the department of public defense for the fiscal 13 year beginning July 1, 2011, and ending June 30, 2012, an 14 amount not exceeding $200,000 to be used for implementation, 15 support, and maintenance of the functions of the administrator 16 and program manager under chapter 34A and to employ the auditor 17 of the state to perform an annual audit of the wireless E911 18 emergency communications fund. 19 Sec. 19. SUPERVISORY EMPLOYEES TO OTHER EMPLOYEES —— 20 RATIO. Notwithstanding section 8A.402, subsection 2, paragraph 21 “g”, for the fiscal year beginning July 1, 2011, the department 22 of corrections, department of public safety, and the judicial 23 district departments of correctional services shall be exempt 24 from the target ratio of supervisory employees to other 25 employees otherwise applicable for that fiscal year under 26 section 8A.402, subsection 2, paragraph “g”. 27 DIVISION II 28 CREATION OF LAW ENFORCEMENT TRAINING COUNCIL 29 Sec. 20. Section 7E.5, subsection 2, paragraph a, Code 2011, 30 is amended to read as follows: 31 a. There is a civil rights commission, a public employment 32 relations board, an interstate cooperation commission, an 33 ethics and campaign disclosure board, and an Iowa a law 34 enforcement academy training council . 35 -17- LSB 1005HB (6) 84 jm/jp 17/ 41
H.F. _____ Sec. 21. Section 80.1A, Code 2011, is amended by adding the 1 following new subsections: 2 NEW SUBSECTION . 05. “Law enforcement officer” means an 3 officer appointed by the director of the department of natural 4 resources, a member of a police force or other agency or 5 department of the state, county, city, or tribal government 6 regularly employed as such and who is responsible for the 7 prevention and detection of crime and the enforcement of the 8 criminal laws of this state and all individuals, as determined 9 by the council, who by the nature of their duties may be 10 required to perform the duties of a peace officer. 11 NEW SUBSECTION . 6. “Telecommunicator” means a person who 12 receives requests for, or dispatches requests to, emergency 13 response agencies which include but are not limited to law 14 enforcement, fire, rescue, and emergency medical services 15 agencies. 16 Sec. 22. Section 80.11, Code 2011, is amended to read as 17 follows: 18 80.11 Course of instruction. 19 The course of instruction for peace officers of the 20 department shall, at a minimum, be equal to the course of 21 instruction required by the Iowa law enforcement academy 22 pursuant to chapter 80B a law enforcement training school as 23 provided in chapter 260D . 24 Sec. 23. NEW SECTION . 80.44 Law enforcement training 25 council. 26 1. The law enforcement training council is created 27 within the department which shall consist of the following 28 seven voting members appointed by the governor subject to 29 confirmation by the senate to terms of four years commencing 30 as provided in section 69.19: 31 a. Three residents of the state. 32 b. A sheriff of a county. 33 c. A police officer who is a member of a police department 34 of a city with a population larger than fifty thousand persons. 35 -18- LSB 1005HB (6) 84 jm/jp 18/ 41
H.F. _____ d. A police officer who is a member of a police department 1 of a city with a population of less than fifty thousand 2 persons. 3 e. A member of the department of public safety. 4 2. One senator appointed by the majority leader of the 5 senate, one senator appointed by the minority leader of the 6 senate, one representative appointed by the speaker of the 7 house of representatives, and one representative appointed by 8 the minority leader of the house of representatives are also ex 9 officio, nonvoting members of the council who shall serve terms 10 as provided in section 69.16B. 11 3. In the event a member appointed pursuant to this section 12 is unable to complete a term, the vacancy shall be filled 13 for the unexpired term in the same manner as the original 14 appointment. 15 Sec. 24. NEW SECTION . 80.45 Officers of training council. 16 The training council shall elect from its membership a 17 chairperson and a vice chairperson each of whom shall serve for 18 a term of one year and who may be reelected. Membership on 19 the council shall not constitute holding a public office and 20 members of the council shall not be required to take and file 21 oaths of office before serving on the council. A member of 22 the council shall not be disqualified from holding any public 23 office or employment by reason of appointment or membership 24 on the council, and a member shall not forfeit any such 25 office or employment by reason of appointment to the council, 26 notwithstanding the provisions of any general, special or local 27 law, ordinance or city charter. 28 Sec. 25. NEW SECTION . 80.46 Training council —— 29 compensation and expenses. 30 The members of the training council, who are not employees 31 of the state or a political subdivision, shall be paid a per 32 diem as specified in section 7E.6. All members of the council 33 shall be reimbursed for necessary and actual expenses incurred 34 in attending meetings and in the performance of their duties. 35 -19- LSB 1005HB (6) 84 jm/jp 19/ 41
H.F. _____ All per diem and expense moneys paid to nonlegislative members 1 shall be paid from funds appropriated to the department. 2 Legislative members of the council shall receive payment 3 pursuant to sections 2.10 and 2.12. 4 Sec. 26. NEW SECTION . 80.47 Training council —— meetings. 5 The training council shall meet at least four times each year 6 and shall hold special meetings when called by the chairperson 7 or, in the absence of the chairperson, by the vice chairperson, 8 or by the chairperson upon written request of five members 9 of the council. The council shall establish procedures and 10 requirements with respect to quorum, place, and conduct of 11 meetings. 12 Sec. 27. NEW SECTION . 80.48 Training council —— annual 13 report. 14 The training council shall make an annual report to the 15 governor, the attorney general, and the commissioner of 16 public safety which shall include pertinent data regarding 17 the standards established and the degree of participation of 18 agencies in the law enforcement training schools. 19 Sec. 28. NEW SECTION . 80.49 Training council —— rules. 20 1. The commissioner, subject to the approval of the council, 21 shall adopt rules in accordance with the provisions of this 22 chapter and chapter 17A, giving due consideration to varying 23 factors and special requirements of law enforcement agencies 24 relative to the following: 25 a. Minimum entrance requirements, course of study, 26 attendance requirements, and equipment and facilities required 27 at approved law enforcement training schools. The minimum 28 age requirement for entrance to approved law enforcement 29 training schools shall be eighteen years of age. The minimum 30 course of study requirements shall include a separate domestic 31 abuse curriculum, which may include but is not limited to 32 outside speakers from domestic abuse shelters and crime 33 victim assistance organizations. The minimum course of study 34 requirements shall also include a sexual assault curriculum. 35 -20- LSB 1005HB (6) 84 jm/jp 20/ 41
H.F. _____ b. Minimum basic training requirements a law enforcement 1 officer employed after July 1, 1968, must complete in order to 2 remain eligible for continued employment and the time within 3 which such basic training must be completed. The minimum 4 requirements shall mandate training devoted to the topic of 5 domestic abuse and sexual assault. The training council shall 6 submit an annual report to the general assembly by January 15 7 of each year relating to the continuing education requirements 8 devoted to the topic of domestic abuse, including the number 9 of hours required, the substance of the classes offered, and 10 other related matters. 11 c. (1) Categories or classifications of advanced in-service 12 training programs and minimum courses of study and attendance 13 requirements for such categories or classifications. 14 (2) In-service training under this paragraph “c” shall 15 include the requirement that all law enforcement officers 16 complete a course on investigation, identification, and 17 reporting of public offenses based on the race, color, 18 religion, ancestry, national origin, political affiliation, 19 sex, sexual orientation, age, or disability of the victim. The 20 commissioner shall consult with the civil rights commission, 21 the department, and the prosecuting attorneys training 22 coordinator in developing the requirements for this course and 23 may contract with outside providers for this course. 24 d. Within the existing curriculum, expanded training 25 regarding racial and cultural awareness and dealing with 26 gang-affected youth. 27 e. Training standards on the subject of human trafficking, 28 to include curricula on cultural sensitivity and the means to 29 deal effectively and appropriately with trafficking victims. 30 Such training shall encourage law enforcement personnel to 31 communicate in the language of the trafficking victims. The 32 course of instruction and training standards shall be developed 33 by the commissioner in consultation with the appropriate 34 national and state experts in the field of human trafficking. 35 -21- LSB 1005HB (6) 84 jm/jp 21/ 41
H.F. _____ f. Minimum standards of physical, educational, and moral 1 fitness which shall govern the recruitment, selection, and 2 appointment of law enforcement officers. 3 g. Minimum standards of mental fitness which shall govern 4 the initial recruitment, selection, and appointment of law 5 enforcement officers. The rules shall include but are not 6 limited to providing a battery of psychological tests to 7 determine cognitive skills, personality characteristics, and 8 suitability of an applicant for a law enforcement career. 9 However, this battery of tests need only be given to applicants 10 being considered in the final selection process for a law 11 enforcement position. Notwithstanding any provision of 12 chapter 400, an applicant shall not be hired if the employer 13 determines from the tests that the applicant does not possess 14 sufficient cognitive skills, personality characteristics, or 15 suitability for a law enforcement career. The commissioner 16 shall provide for the cognitive and psychological examinations 17 and their administration to the law enforcement agencies or 18 applicants, and shall identify and hire persons to interpret 19 the examinations. 20 h. Grounds for revocation or suspension of a law enforcement 21 officer’s certification. 22 i. Exemptions from particular provisions in case of any 23 state, county, or city, if, in the opinion of the training 24 council, the standards of law enforcement training established 25 and maintained by the governmental agency are as high or 26 higher than those established pursuant to this chapter; or 27 revocation in whole or in part of such exemption, if in its 28 opinion the standards of law enforcement training established 29 and maintained by the governmental agency are lower than those 30 established pursuant to this chapter. 31 j. Minimum qualifications for instructors in 32 telecommunicator training schools. 33 k. Minimum qualifications for instructors in law enforcement 34 and jailer training schools. 35 -22- LSB 1005HB (6) 84 jm/jp 22/ 41
H.F. _____ l. Certification through examination for individuals who 1 have successfully completed the federal bureau of investigation 2 national academy, have corrected Snellen vision in both eyes 3 of 20/20 or better, and were employed on or before January 4 1, 1996, as chief of police of a city in this state with a 5 population of twenty thousand or more. 6 2. A certified course of instruction provided for under this 7 section shall not be eliminated by the law enforcement council. 8 Sec. 29. NEW SECTION . 80.50 Authority of law enforcement 9 training council. 10 The council may do all of the following: 11 1. Designate members to visit and inspect any law 12 enforcement or jailer training schools, or examine the 13 curriculum or training procedures, for which application for 14 approval has been made. 15 2. Issue certificates to law enforcement training schools 16 qualifying under the regulations of the council. 17 3. Issue certificates to law enforcement officers and 18 jailers who have met the requirements of this chapter and rules 19 adopted under chapter 17A relative to hiring and training 20 standards. 21 4. Make recommendations to the governor, the attorney 22 general, the commissioner, and the general assembly on matters 23 pertaining to qualification and training of law enforcement 24 officers and jailers and other matters considered necessary to 25 improve law enforcement services and jailer training. 26 5. Cooperate with federal, state, and local enforcement 27 agencies in establishing and conducting local or area schools, 28 or regional training centers for instruction and training of 29 law enforcement officers and jailers. 30 6. Direct research in the field of law enforcement and 31 jailer training and accept grants for such purposes. 32 7. a. Revoke a law enforcement officer’s certification 33 for the conviction of a felony or revoke or suspend a law 34 enforcement officer’s certification for a violation of rules 35 -23- LSB 1005HB (6) 84 jm/jp 23/ 41
H.F. _____ adopted pursuant to section 80.49, subsection 1, paragraph “h” . 1 In addition, the council may consider revocation or suspension 2 proceedings when an employing agency recommends to the council 3 that revocation or suspension would be appropriate with regard 4 to a current or former employee. If a law enforcement officer 5 resigns, the employing agency shall notify the council that an 6 officer has resigned and state the reason for the resignation 7 if a substantial likelihood exists that the reason would result 8 in the revocation or suspension of an officer’s certification 9 for a violation of the rules. 10 b. A recommendation by an employing agency must be in 11 writing and set forth the reasons why the action is being 12 recommended, the findings of the employing agency concerning 13 the matter, the action taken by the employing agency, and that 14 the action by the agency is final. “Final” , as used in this 15 section, means that all appeals through a grievance procedure 16 available to the officer or civil service have been exhausted. 17 The written recommendations shall be unavailable for inspection 18 by anyone except personnel of the employing agency, the council 19 and the affected law enforcement officer, or as ordered by a 20 reviewing court. 21 c. The council shall establish a process for the protest 22 and appeal of a revocation or suspension made pursuant to this 23 subsection. 24 8. In accordance with chapter 17A, conduct investigations, 25 hold hearings, appoint hearing examiners, administer oaths 26 and issue subpoenas enforceable in district court on matters 27 relating to the revocation or suspension of a law enforcement 28 officer’s certification. 29 9. Secure the assistance of the state division of criminal 30 investigation in the investigation of alleged violations, as 31 provided under section 80.9A, subsection 6, paragraphs “c” and 32 “g” , of the provisions adopted under section 80.49. 33 Sec. 30. NEW SECTION . 80.51 Training council —— 34 telecommunicator training standards. 35 -24- LSB 1005HB (6) 84 jm/jp 24/ 41
H.F. _____ The commissioner, subject to the approval of the law 1 enforcement training council, in consultation with the Iowa 2 state sheriffs’ and deputies’ association, the Iowa police 3 executive forum, the Iowa association of chiefs of police and 4 peace officers, the Iowa state police association, the Iowa 5 association of professional fire fighters, the Iowa emergency 6 medical services association, the joint council of Iowa fire 7 service organizations, the Iowa chapter of the association of 8 public safety communications officials-international, inc., the 9 Iowa chapter of the national emergency number association, the 10 homeland security and emergency management division of the Iowa 11 department of public defense, and the Iowa department of public 12 health, shall adopt rules pursuant to chapter 17A establishing 13 minimum standards and fees for training of telecommunicators. 14 Sec. 31. Section 80D.1A, subsections 1 and 2, Code 2011, are 15 amended to read as follows: 16 1. “Academy” means the Iowa law enforcement academy. 17 2. 1. “Council” means the Iowa law enforcement academy 18 training council. 19 Sec. 32. Section 80D.3, subsection 3, paragraph a, Code 20 2011, is amended to read as follows: 21 a. A person appointed to serve as a reserve peace officer 22 who has received basic training as a peace officer and has 23 been certified by the academy a law enforcement training 24 school pursuant to chapter 80B 260D and rules adopted pursuant 25 to chapter 80B chapters 80 and 260D may be exempted from 26 completing the minimum training course at the discretion of 27 the appointing authority. However, such a person appointed 28 to serve as a reserve peace officer shall meet mandatory 29 in-service training requirements established by academy rules 30 if the person has not served as an active peace officer within 31 one hundred eighty days of appointment as a reserve peace 32 officer. 33 Sec. 33. Section 80D.7, Code 2011, is amended to read as 34 follows: 35 -25- LSB 1005HB (6) 84 jm/jp 25/ 41
H.F. _____ 80D.7 Carrying weapons. 1 A member of a reserve force shall not carry a weapon in 2 the line of duty until the member has been approved by the 3 governing body and certified by the Iowa law enforcement 4 academy training council to carry weapons. After approval and 5 certification, a reserve peace officer may carry a weapon in 6 the line of duty only when authorized by the chief of police, 7 sheriff, commissioner of public safety or the commissioner’s 8 designee, or director of the judicial district department of 9 correctional services or the director’s designee, as the case 10 may be. 11 Sec. 34. Section 80F.1, subsection 1, paragraph e, Code 12 2011, is amended to read as follows: 13 e. “Officer” means a certified law enforcement officer, fire 14 fighter, emergency medical technician, corrections officer, 15 detention officer, jailer, probation or parole officer, 16 communications officer, or any other law enforcement officer 17 certified by the Iowa law enforcement academy training council 18 and employed by a municipality, county, or state agency. 19 Sec. 35. Section 97B.49B, subsection 1, paragraph e, 20 subparagraph (9), Code 2011, is amended to read as follows: 21 (9) A jailer or detention officer who performs duties as 22 a jailer, including but not limited to the transportation of 23 inmates, who is certified as having completed jailer training 24 pursuant to chapter 80B 904 , and who is employed by a county as 25 a jailer. 26 Sec. 36. Section 200.17A, subsection 4, Code 2011, is 27 amended to read as follows: 28 4. The department, a law enforcement officer as defined 29 in section 80B.3 80.1A , or an agent of the United States 30 department of justice may examine and photocopy the record 31 during regular business hours. 32 Sec. 37. Section 232.69, subsection 3, paragraph d, 33 subparagraph (3), Code 2011, is amended to read as follows: 34 (3) A training program using such an approved curriculum 35 -26- LSB 1005HB (6) 84 jm/jp 26/ 41
H.F. _____ offered by the department of human services, the department of 1 education, an area education agency, a school district, the 2 Iowa a law enforcement academy training school , or a similar 3 public agency. 4 Sec. 38. Section 235B.16, subsection 5, paragraph d, 5 subparagraph (3), Code 2011, is amended to read as follows: 6 (3) A training program using such an approved curriculum 7 offered by the department of human services, the department on 8 aging, the department of inspections and appeals, the Iowa a 9 law enforcement academy training school , or a similar public 10 agency. 11 Sec. 39. NEW SECTION . 260D.1 Purpose of law enforcement 12 training schools. 13 In order to maximize training opportunities for law 14 enforcement officers throughout the state it is the intent of 15 the legislature to authorize the creation of law enforcement 16 training schools in the community colleges under the 17 coordination and direction of the law enforcement training 18 council created in section 80.44. 19 Sec. 40. NEW SECTION . 260D.1A Definition. 20 As used in this chapter “law enforcement officer” means the 21 same as defined in section 80.1A. 22 Sec. 41. NEW SECTION . 260D.2 Authorization of law 23 enforcement training schools. 24 Each community college is authorized to create a law 25 enforcement training school for the certification of a law 26 enforcement officer in order to serve the best interests of 27 the state and in carrying out the intent and purpose of this 28 chapter. 29 Sec. 42. NEW SECTION . 260D.3 Examination and attendance 30 fees —— training cost. 31 1. The full cost of providing cognitive and psychological 32 examinations of law enforcement officer candidates may be 33 charged by a law enforcement training school. 34 2. A law enforcement training school shall charge to the 35 -27- LSB 1005HB (6) 84 jm/jp 27/ 41
H.F. _____ following entities the following costs to provide the basic 1 training course which is designed to meet the minimum basic 2 training requirements for a law enforcement officer: 3 a. To the department of natural resources and the department 4 of transportation, the total cost. 5 b. To a candidate from any other state agency or department 6 of the state, the total cost. The candidate and the agency or 7 department may negotiate the portion of the total cost each 8 must pay. 9 c. For a candidate sponsored by a political subdivision 10 and hired by the political subdivision, the total cost. The 11 candidate and the political subdivision may negotiate the 12 portion of the total cost each must pay. 13 d. For all other candidates, including a candidate from a 14 tribal government, to the candidate the total costs. 15 Sec. 43. NEW SECTION . 260D.4 Training. 16 1. An individual who is not a certified law enforcement 17 officer may apply for attendance at a short course of study at 18 an approved law enforcement training school if such individual 19 is sponsored by a law enforcement agency. Such individual may 20 be sponsored by a law enforcement agency that either intends to 21 hire or has hired the individual as a law enforcement officer. 22 2. An individual who submits an application pursuant to 23 subsection 1 shall, at a minimum, meet all minimum hiring 24 standards as established by the law enforcement training 25 council rules, including the successful completion of certain 26 psychological and physical testing examinations. In addition, 27 such individual shall be of good moral character as determined 28 by a thorough background investigation by the hiring law 29 enforcement agency. The law enforcement training school shall 30 conduct the requisite testing and background investigation for 31 a fee if the law enforcement agency does not do so, and for 32 such purposes, the law enforcement school shall be defined as a 33 law enforcement agency and shall have the authority to conduct 34 a background investigation including a fingerprint search of 35 -28- LSB 1005HB (6) 84 jm/jp 28/ 41
H.F. _____ local, state, and national fingerprint files. 1 3. An individual who submits an application pursuant to 2 subsection 1 shall, at a minimum, submit proof of successful 3 completion of a two-year or four-year police science or 4 criminal justice program at an accredited educational 5 institution in this state approved by the law enforcement 6 training council. 7 4. An individual shall not be granted permission to 8 attend an approved law enforcement training school pursuant 9 to subsection 1 if such acceptance would result in the 10 nonacceptance of another qualifying applicant who is a law 11 enforcement officer. 12 5. This section applies only to individuals who apply for 13 certification through a short course of study as established 14 by rule. 15 6. An individual who has not been hired by a law enforcement 16 agency must be hired by a law enforcement agency within 17 eighteen months of completing the short course of study in 18 order to obtain certification pursuant to this section. 19 Sec. 44. NEW SECTION . 260D.5 Law enforcement training —— 20 application by individual —— individual expense. 21 1. Notwithstanding any other provision of law to the 22 contrary, an individual who is not a certified law enforcement 23 officer may apply for attendance at a law enforcement training 24 school if such individual is sponsored by a law enforcement 25 agency that either intends to hire or has hired the individual 26 as a law enforcement officer on the condition that the 27 individual meets the minimum eligibility standards described in 28 subsection 2. The costs for attendance by such an individual 29 at the law enforcement training school shall be paid as 30 provided in section 260D.3. 31 2. An individual who submits an application pursuant to 32 subsection 1 shall, at a minimum, meet all minimum hiring 33 standards as established by law enforcement training council 34 rules, including the successful completion of certain 35 -29- LSB 1005HB (6) 84 jm/jp 29/ 41
H.F. _____ psychological and physical testing examinations. In addition, 1 such individual shall be of good moral character as determined 2 by a thorough background investigation by the law enforcement 3 training school for a fee. For such purposes, the law 4 enforcement training school shall have the authority to conduct 5 a background investigation of the individual, including a 6 fingerprint search of local, state, and national fingerprint 7 files. 8 3. An individual shall not be granted permission to attend a 9 law enforcement training school if such acceptance would result 10 in the nonacceptance of another qualifying applicant who is a 11 law enforcement officer. 12 4. An individual who has not been hired by a law enforcement 13 agency must be hired by a law enforcement agency within 14 eighteen months of completing the appropriate coursework 15 at the law enforcement training school in order to obtain 16 certification pursuant to chapter 80. 17 Sec. 45. NEW SECTION . 260D.6 Law enforcement officer —— 18 tribal government. 19 A law enforcement officer who is a member of a police force 20 of a tribal government and who becomes certified through 21 a law enforcement training school shall be subject to the 22 certification and revocation of certification rules and 23 procedures as provided in this chapter. The certified law 24 enforcement officer shall be subject to the jurisdiction of the 25 courts of this state if an agreement exists between the tribal 26 government and the state or between the tribal government 27 and a county, which grants authority to the law enforcement 28 officer to act in a law enforcement capacity off a settlement 29 or reservation. 30 Sec. 46. Section 262.13, Code 2011, is amended to read as 31 follows: 32 262.13 Security officers at institutions as peace officers. 33 The board may authorize any institution under its control 34 to commission one or more of its employees as special security 35 -30- LSB 1005HB (6) 84 jm/jp 30/ 41
H.F. _____ officers. Special security officers shall have the powers, 1 privileges, and immunities of regular peace officers when 2 acting in the interests of the institution by which they are 3 employed. The board shall provide as rapidly as practicable 4 for the adequate training of such special security officers at 5 the Iowa a law enforcement academy training school or in an 6 equivalent training program, unless they have already received 7 such training. 8 Sec. 47. Section 321.52, subsection 4, paragraph c, Code 9 2011, is amended to read as follows: 10 c. A salvage theft examination shall be made by a peace 11 officer who has been specially certified and recertified when 12 required by the Iowa law enforcement academy training council 13 to do salvage theft examinations. The Iowa law enforcement 14 academy training council shall determine standards for 15 training and certification, conduct training, and may approve 16 alternative training programs which satisfy the academy’s 17 council’s standards for training and certification. The owner 18 of the salvage vehicle shall make the vehicle available for 19 examination at a time and location designated by the peace 20 officer doing the examination. The owner may obtain a permit 21 to drive the vehicle to and from the examination location by 22 submitting a repair affidavit to the agency performing the 23 examination stating that the vehicle is reasonably safe for 24 operation and listing the repairs which have been made to the 25 vehicle. The owner must be present for the examination and 26 have available for inspection the salvage title, bills of 27 sale for all essential parts changed, if applicable, and the 28 repair affidavit. The examination shall be for the purposes 29 of determining whether the vehicle or repair components have 30 been stolen. The examination is not a safety inspection and 31 a signed salvage theft examination certificate shall not be 32 construed by any court of law to be a certification that the 33 vehicle is safe to be operated. There shall be no cause of 34 action against the peace officer or the agency conducting 35 -31- LSB 1005HB (6) 84 jm/jp 31/ 41
H.F. _____ the examination or the county treasurer for failure to 1 discover or note safety defects. If the vehicle passes the 2 theft examination, the peace officer shall indicate that the 3 vehicle passed examination on the salvage theft examination 4 certificate. The permit and salvage theft examination 5 certificate shall be on controlled forms prescribed and 6 furnished by the department. The owner shall pay a fee of 7 thirty dollars upon completion of the examination. The agency 8 performing the examinations shall retain twenty dollars of the 9 fee and shall pay five dollars of the fee to the department 10 and five dollars of the fee to the treasurer of state for 11 deposit in the general fund of the state. Moneys deposited 12 to the general fund under this paragraph are subject to the 13 requirements of section 8.60 and shall be used by the Iowa 14 law enforcement academy council to provide for the special 15 training, certification, and recertification of officers as 16 required by this subsection . 17 Sec. 48. Section 321.267A, subsection 4, Code 2011, is 18 amended to read as follows: 19 4. For the purposes of this section , “certified law 20 enforcement officer” includes a law enforcement officer who is 21 certified through the Iowa a law enforcement academy training 22 school under chapter 260D as provided in section 80B.13 80.50 , 23 subsection 3, or a reserve peace officer certified through the 24 Iowa a law enforcement academy training school under chapter 25 206D as provided in section 80D.4A . 26 Sec. 49. Section 321J.1, subsection 8, paragraph e, Code 27 2011, is amended to read as follows: 28 e. Any other law enforcement officer who has satisfactorily 29 completed an approved course relating to motor vehicle 30 operators under the influence of alcoholic beverages at the 31 Iowa a law enforcement academy training school or a other law 32 enforcement training program approved by the department of 33 public safety. 34 Sec. 50. Section 331.651, subsection 2, paragraph c, Code 35 -32- LSB 1005HB (6) 84 jm/jp 32/ 41
H.F. _____ 2011, is amended to read as follows: 1 c. Be a certified peace officer recognized by the Iowa law 2 enforcement academy training council under chapter 80B 80 , 3 or complete the basic training course provided at the Iowa 4 law enforcement academy’s central training facility by a law 5 enforcement training school under chapter 260D, or a location 6 other than the central training facility within one year of 7 taking office. A person shall be deemed to have completed 8 the basic training course if the person meets all course 9 requirements except the physical training requirements. 10 Sec. 51. Section 341A.6, subsection 2, Code 2011, is amended 11 to read as follows: 12 2. To administer practical tests designed to determine 13 the ability of persons examined to perform the duties of the 14 position for which they are seeking appointment. Such tests 15 shall be designed and prepared by the director of the Iowa 16 law enforcement academy commissioner of the department of 17 public safety , shall be administered by each commission in 18 a uniform manner prescribed by the director commissioner of 19 the department of public safety , and shall be consistent with 20 standards established pursuant to chapter 80B chapters 80 and 21 260D governing standards for employment of Iowa law enforcement 22 officers. Notice of such tests shall be posted in the office 23 of the sheriff and the office of the board of supervisors not 24 less than thirty days prior to giving such tests. 25 Sec. 52. Section 341A.10, Code 2011, is amended to read as 26 follows: 27 341A.10 Citizenship. 28 An applicant for any position under civil service shall be a 29 citizen of the United States who can read and write the English 30 language, and shall meet the minimum requirements of the Iowa a 31 law enforcement academy training council for a law enforcement 32 officer. 33 Sec. 53. Section 341A.11, unnumbered paragraph 1, Code 34 2011, is amended to read as follows: 35 -33- LSB 1005HB (6) 84 jm/jp 33/ 41
H.F. _____ The tenure of every deputy sheriff holding an office or 1 position of employment under the provisions of this chapter 2 shall be conditional upon a probationary period. If the 3 employee has successfully completed training at the Iowa a law 4 enforcement academy training school or a regional training 5 facility certified by the director of the Iowa law enforcement 6 academy training council prior to initial appointment as a 7 deputy sheriff, the probationary period shall be for a period 8 of up to nine months and shall commence with the date of 9 initial appointment as a deputy sheriff. If the employee 10 has not successfully completed training at the Iowa a law 11 enforcement academy training school or a regional training 12 facility certified by the director of the Iowa law enforcement 13 academy training council prior to initial appointment as a 14 deputy sheriff, the probationary period shall commence with 15 the date of initial employment as a deputy sheriff and shall 16 continue for a period of up to nine months following the 17 date of successful completion of training at the Iowa law 18 enforcement academy training council or a regional training 19 facility certified by the director of the Iowa law enforcement 20 academy training council . During the probationary period, the 21 appointee may be removed or discharged by the sheriff without 22 the right of appeal to the commission. Each deputy sheriff who 23 transfers from one jurisdiction to another shall be employed 24 subject to a probationary period of up to nine months. After 25 the probationary period, the deputy sheriff may be removed or 26 discharged, suspended without pay, demoted, or reduced in rank, 27 or deprived of vacation privileges or other privileges for any 28 of the following reasons: 29 Sec. 54. Section 384.15, subsection 7, unnumbered paragraph 30 1, Code 2011, is amended to read as follows: 31 Adopt rules for the administration of a law enforcement 32 officer training reimbursement program by the director of the 33 department of management. A decision of the director may be 34 appealed by a city or county to the committee. The program 35 -34- LSB 1005HB (6) 84 jm/jp 34/ 41
H.F. _____ shall provide reimbursement to a city or county for necessary 1 and actual expenses incurred in training a law enforcement 2 officer who resigns from law enforcement service with the 3 city or county within four years after completion of the law 4 enforcement training. The reimbursable training expenses 5 include mileage, food, lodging, tuition, replacement of an 6 officer while the officer is in training if the replacement 7 officer is a temporary employee hired for that purpose only 8 or is on overtime status, and salary costs of the officer 9 while in training. The law enforcement training eligible for 10 reimbursement is the minimum law enforcement officer training 11 required under chapter 80B chapters 80 and 260D and, if funding 12 is available, approved advanced law enforcement training and 13 reserve officer training required under chapter 80D . The 14 committee shall adopt rules prescribing application forms, 15 expense documentation, and procedures necessary to administer 16 the reimbursement program. 17 Sec. 55. Section 400.8, subsection 3, Code 2011, is amended 18 to read as follows: 19 3. All appointments to such positions shall be conditional 20 upon a probation period of not to exceed six months, and in 21 the case of police dispatchers and fire fighters a probation 22 period not to exceed twelve months. In the case of police 23 patrol officers, if the employee has successfully completed 24 training at the Iowa law enforcement academy training school or 25 another training facility certified by the director of the Iowa 26 law enforcement academy training council before the initial 27 appointment as a police patrol officer, the probationary 28 period shall be for a period of up to nine months and shall 29 commence with the date of initial appointment as a police 30 patrol officer. If the employee has not successfully completed 31 training at the Iowa a law enforcement academy training school 32 or another training facility certified by the director of 33 the law enforcement academy training council before initial 34 appointment as a police patrol officer, the probationary 35 -35- LSB 1005HB (6) 84 jm/jp 35/ 41
H.F. _____ period shall commence with the date of initial employment as 1 a police patrol officer and shall continue for a period of up 2 to nine months following the date of successful completion of 3 training at the Iowa a law enforcement academy training school 4 or another training facility certified by the director of 5 the Iowa law enforcement academy training council . A police 6 patrol officer transferring employment from one jurisdiction to 7 another shall be employed subject to a probationary period of 8 up to nine months. However, in cities with a population over 9 one hundred seventy-five thousand, appointments to the position 10 of fire fighter shall be conditional upon a probation period 11 of not to exceed twenty-four months. During the probation 12 period, the appointee may be removed or discharged from such 13 position by the appointing person or body without the right 14 of appeal to the commission. A person removed or discharged 15 during a probationary period shall, at the time of discharge, 16 be given a notice in writing stating the reason or reasons 17 for the dismissal. A copy of such notice shall be promptly 18 filed with the commission. Continuance in the position after 19 the expiration of such probationary period shall constitute a 20 permanent appointment. 21 Sec. 56. Section 456A.14, Code 2011, is amended to read as 22 follows: 23 456A.14 Temporary appointments —— peace officer status. 24 The director may appoint temporary officers for a period 25 not to exceed six months and may adopt minimum physical, 26 educational, mental, and moral requirements for the temporary 27 officers. Chapter 80B does Chapters 80 and 260D do not apply 28 to the temporary officers. Temporary officers have all the 29 powers of peace officers in the enforcement of this chapter and 30 chapters 321G , 321I , 456B , 461A , 461B , 462A , 462B , 463B , 465C , 31 481A , 481B , 482 , 483A , 484A , and 484B , and the trespass laws. 32 Sec. 57. Section 462A.2, subsection 28, paragraph e, Code 33 2011, is amended to read as follows: 34 e. Any other certified law enforcement officer as defined 35 -36- LSB 1005HB (6) 84 jm/jp 36/ 41
H.F. _____ in section 80B.3 80.1A , who has satisfactorily completed an 1 approved course relating to operating while intoxicated, either 2 at the Iowa a law enforcement academy training school under 3 chapter 260D or in a law enforcement training program approved 4 by the department of public safety. 5 Sec. 58. Section 805.1, subsection 3, paragraph a, Code 6 2011, is amended to read as follows: 7 a. State and local law enforcement agencies in the state 8 of Iowa may cooperate to formulate uniform guidelines that 9 will provide for the maximum possible use of citations in lieu 10 of arrest and in lieu of continued custody for offenses for 11 which citations are authorized. These guidelines shall be 12 submitted to the Iowa law enforcement academy training council 13 for review. The Iowa law enforcement academy training council 14 shall then submit recommendations to the general assembly no 15 later than January 1, 1984. 16 Sec. 59. Section 817.3, Code 2011, is amended to read as 17 follows: 18 817.3 Certified law enforcement officers —— oaths, 19 signatures, and testimony. 20 A law enforcement officer, as defined in section 80B.3 21 80.1A , who is certified by the Iowa a law enforcement academy 22 training school under chapter 260D , may administer oaths, 23 acknowledge signatures, and take voluntary testimony pursuant 24 to the officer’s duties as provided by law. 25 Sec. 60. NEW SECTION . 904.120 Jailer training standards. 26 The director, in consultation with the law enforcement 27 training council, the Iowa state sheriffs’ and deputies’ 28 association, and the Iowa association of chiefs of police and 29 peace officers, shall adopt rules in accordance with chapter 30 17A establishing minimum standards and fees for the training 31 of jailers. 32 Sec. 61. MISCELLANEOUS TRANSITION PROVISIONS. 33 1. The initial membership of the law enforcement training 34 council shall be composed of the membership of the Iowa law 35 -37- LSB 1005HB (6) 84 jm/jp 37/ 41
H.F. _____ enforcement academy council. 1 2. Effective on or after July 1, 2011, as determined by 2 the law enforcement training council created pursuant to this 3 division of this Act, all of the membership of the Iowa law 4 enforcement academy council shall be redesignated to serve as 5 the membership of the initial law enforcement training council. 6 3. Until the law enforcement training council and the 7 department of public safety have adopted administrative 8 rules to implement the provisions of this Act, the department 9 of public safety shall apply the relevant rules adopted to 10 implement the Iowa law enforcement academy and the Iowa law 11 enforcement academy council. The rules shall include measures 12 to ensure there is continuity of services in the transition 13 from the Iowa law enforcement academy and the Iowa law 14 enforcement academy council to the law enforcement training 15 council and the department of public safety. The rules shall 16 also address the transition of contracts entered into by the 17 Iowa law enforcement academy and the Iowa law enforcement 18 academy council. 19 Sec. 62. REPEAL. Chapter 80B, Code 2011, is repealed. 20 EXPLANATION 21 This bill relates to and makes appropriations to the justice 22 system. 23 DIVISION I —— APPROPRIATIONS. The division makes 24 appropriations from the general fund of the state for fiscal 25 year 2011-2012 to the departments of justice, corrections, 26 public defense, and public safety, and the law enforcement 27 council, office of the state public defender, board of parole, 28 and Iowa state civil rights commission. 29 The division appropriates moneys from the department of 30 commerce revolving fund to the office of consumer advocate of 31 the department of justice. 32 The division also appropriates moneys from the gaming 33 enforcement revolving fund to the department of public safety. 34 The division also provides that for each additional license 35 -38- LSB 1005HB (6) 84 jm/jp 38/ 41
H.F. _____ to conduct gambling games on an excursion gambling boat, 1 gambling structure, or racetrack enclosure issued for the 2 fiscal year beginning on July 1, 2011, there is appropriated 3 from the gaming enforcement fund to the department of public 4 safety for the fiscal year beginning July 1, 2011, and ending 5 June 30, 2012, an additional amount of not more than $521,000 6 to be used for not more than 6.00 additional full-time 7 equivalent positions. 8 The division extends the fiscal period that increases 9 the annual appropriations from the consumer education and 10 litigation fund in Code section 714.16C, to the department of 11 justice. The division extends the fiscal period authorizing 12 such increases from the fiscal period beginning on July 13 1, 2008, and ending on June 30, 2011, to the fiscal period 14 beginning on July 1, 2008, and ending June 30, 2013. By 15 extending the fiscal period that authorizes increased 16 appropriations from the consumer education and litigation fund, 17 the division also extends the fiscal period that moneys may be 18 allocated from the consumer education and litigation fund to 19 the victim compensation fund for cash flow purposes, if the 20 moneys so allocated are returned to the consumer and education 21 litigation fund by the end of each fiscal year the allocation 22 occurs. 23 For the fiscal year beginning July 1, 2011, the division 24 provides that the department of corrections, department 25 of public safety, and the judicial district department of 26 correctional services are exempt from the target ratio of 27 supervisory employees to other employees otherwise applicable 28 for the fiscal year beginning July 1, 2011, under Code section 29 8A.402(2)(g). 30 DIVISION II —— LAW ENFORCEMENT TRAINING COUNCIL. The 31 division eliminates the Iowa law enforcement academy and 32 repeals Code chapter 80B relating to the establishment of the 33 academy. 34 The division transfers the duties of the Iowa law 35 -39- LSB 1005HB (6) 84 jm/jp 39/ 41
H.F. _____ enforcement academy council to the law enforcement training 1 council under the purview of the department of public safety 2 on July 1, 2011. The transfer of the duties of the Iowa law 3 enforcement academy council to the law enforcement training 4 council does not result in the removal of an appointed member 5 or lengthen or shorten the terms of the current appointed 6 members. 7 The division moves the telecommunicator training under the 8 purview of the department of public safety. The division 9 provides the department shall adopt rules and establish minimum 10 standards and fees for the training of a telecommunicator. A 11 “telecommunicator” means a person who receives requests for, 12 or dispatches requests to, emergency response agencies which 13 include but are not limited to law enforcement, fire, rescue, 14 and emergency medical services agencies. Under current law, 15 the Iowa law enforcement academy provides such training. 16 Under the division, it is the intent of the general assembly 17 to maximize training opportunities for law enforcement officers 18 throughout the state under the coordination and direction 19 of the newly created law enforcement training council. The 20 division authorizes the community colleges to create law 21 enforcement training schools for the certification of law 22 enforcement officers in this state. 23 The bill modifies the fees a community college may charge a 24 candidate for attending a law enforcement training school from 25 the current fee structure in Code section 80B.11B. 26 The division also permits the law enforcement training 27 school to use the funds raised from the fees to fulfill the 28 obligations of the law enforcement training school to train and 29 certify a law enforcement officer. This provision currently 30 exists for fees charged by the Iowa law enforcement academy 31 under current law. 32 The division provides that an individual who is not a 33 certified law enforcement officer may apply for attendance 34 at a law enforcement training school if the individual is 35 -40- LSB 1005HB (6) 84 jm/jp 40/ 41
H.F. _____ sponsored by a law enforcement agency that either intends to 1 hire or has hired the individual as a law enforcement officer. 2 This provision currently exists for individuals under similar 3 circumstances who attend the Iowa law enforcement academy. 4 The division provides a law enforcement officer who is a 5 member of a police force of a tribal government who becomes 6 certified by a community college law enforcement training 7 school shall be subject to the certification and revocation 8 of certification rules and procedures as other certified law 9 enforcement officers, as is the case under current law as well. 10 The division transfers the authority to establish standards 11 for jailer training from the Iowa law enforcement academy to 12 the department of corrections. The division requires the 13 director of the department of corrections in consultation with 14 the law enforcement council, the Iowa state sheriffs’ and 15 deputies’ association, and the Iowa association of chiefs of 16 police and peace officers, to adopt rules in accordance with 17 Code chapter 17A for the establishment of minimum standards and 18 fees for the training of jailers. 19 -41- LSB 1005HB (6) 84 jm/jp 41/ 41