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
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$
7,292,930
16
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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
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$
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-
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84
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1/
41
H.F.
_____
c.
For
legal
services
for
persons
in
poverty
grants
as
1
provided
in
section
13.34:
2
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$
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
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$
3,136,163
35
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1005HB
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84
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41
H.F.
_____
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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
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$
41,031,283
13
b.
For
the
operation
of
the
Anamosa
correctional
facility,
14
including
salaries,
support,
maintenance,
and
miscellaneous
15
purposes:
16
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$
31,985,974
17
c.
For
the
operation
of
the
Oakdale
correctional
facility,
18
including
salaries,
support,
maintenance,
and
miscellaneous
19
purposes:
20
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$
54,374,426
21
d.
For
the
operation
of
the
Newton
correctional
facility,
22
including
salaries,
support,
maintenance,
and
miscellaneous
23
purposes:
24
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$
25,958,757
25
e.
For
the
operation
of
the
Mt.
Pleasant
correctional
26
facility,
including
salaries,
support,
maintenance,
and
27
miscellaneous
purposes:
28
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$
25,917,815
29
f.
For
the
operation
of
the
Rockwell
City
correctional
30
facility,
including
salaries,
support,
maintenance,
and
31
miscellaneous
purposes:
32
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$
9,316,466
33
g.
For
the
operation
of
the
Clarinda
correctional
facility,
34
including
salaries,
support,
maintenance,
and
miscellaneous
35
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H.F.
_____
purposes:
1
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$
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
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$
15,615,374
11
i.
For
the
operation
of
the
Fort
Dodge
correctional
12
facility,
including
salaries,
support,
maintenance,
and
13
miscellaneous
purposes:
14
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$
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
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$
775,092
20
k.
For
federal
prison
reimbursement,
reimbursements
for
21
out-of-state
placements,
and
miscellaneous
contracts:
22
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$
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
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H.F.
_____
a
centralized
education
program
for
the
correctional
system,
1
and
miscellaneous
purposes:
2
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$
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
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_____
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
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_____
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
.
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_____
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.
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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.
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_____
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.
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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.
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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.
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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
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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.
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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:
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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
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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
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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
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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
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_____
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
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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
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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
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_____
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:
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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
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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
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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
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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
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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
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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
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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
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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.
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