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 system.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I

APPROPRIATIONS
   Section 1.  DEPARTMENT OF JUSTICE.
   1.  There is appropriated from the general fund of the state to the department of justice for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   a.  For the general office of attorney general for salaries, support, maintenance, and miscellaneous purposes, including the prosecuting attorneys training program, matching funds for federal violence against women grant programs, victim assistance grants, office of drug control policy prosecuting attorney program, and odometer fraud enforcement, and for not more than the following full-time equivalent positions:
.................................................. $  7,292,930
............................................... FTEs     212.00
   It is the intent of the general assembly that as a condition of receiving the appropriation provided in this lettered paragraph, the department of justice shall maintain a record of the estimated time incurred representing each agency or department.
   b.  For victim assistance grants:
.................................................. $  2,876,400
   The funds appropriated in this lettered paragraph shall be used to provide grants to care providers providing services to crime victims of domestic abuse or to crime victims of rape and sexual assault.
   The balance of the victim compensation fund established in section 915.94 may be used to provide salary and support of not more than 24 FTEs and to provide maintenance for the victim compensation functions of the department of justice.
   The department of justice may transfer moneys from the victim compensation fund established in section 915.94 to the victim assistance grant program.
   c.  For legal services for persons in poverty grants as provided in section 13.34:
.................................................. $  1,000,000
   2.
  a.  The department of justice, in submitting budget estimates for the fiscal year commencing July 1, 2012, pursuant to section 8.23, shall include a report of funding from sources other than amounts appropriated directly from the general fund of the state to the department of justice or to the office of consumer advocate. These funding sources shall include but are not limited to reimbursements from other state agencies, commissions, boards, or similar entities, and reimbursements from special funds or internal accounts within the department of justice. The department of justice shall also report actual reimbursements for the fiscal year commencing July 1, 2010, and actual and expected reimbursements for the fiscal year commencing July 1, 2011.
   b.  The department of justice shall include the report required under paragraph “a”, as well as information regarding any revisions occurring as a result of reimbursements actually received or expected at a later date, in a report to the co-chairpersons and ranking members of the joint appropriations subcommittee on the justice system and the legislative services agency. The department of justice shall submit the report on or before January 15, 2012.
   Sec. 2.  OFFICE OF CONSUMER ADVOCATE.  There is appropriated from the department of commerce revolving fund created in section 546.12 to the office of consumer advocate of the department of justice for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  3,136,163
............................................... FTEs      22.00
   Sec. 3.  DEPARTMENT OF CORRECTIONS —— FACILITIES.
   1.  There is appropriated from the general fund of the state to the department of corrections for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the operation of adult correctional institutions, reimbursement of counties for certain confinement costs, and federal prison reimbursement, to be allocated as follows:
   a.  For the operation of the Fort Madison correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 41,031,283
   b.  For the operation of the Anamosa correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 31,985,974
   c.  For the operation of the Oakdale correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 54,374,426
   d.  For the operation of the Newton correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 25,958,757
   e.  For the operation of the Mt. Pleasant correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 25,917,815
   f.  For the operation of the Rockwell City correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $  9,316,466
   g.  For the operation of the Clarinda correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 24,639,518
   Moneys received by the department of corrections as reimbursement for services provided to the Clarinda youth corporation are appropriated to the department and shall be used for the purpose of operating the Clarinda correctional facility.
   h.  For the operation of the Mitchellville correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 15,615,374
   i.  For the operation of the Fort Dodge correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 29,062,235
   j.  For reimbursement of counties for temporary confinement of work release and parole violators, as provided in sections 901.7, 904.908, and 906.17, and for offenders confined pursuant to section 904.513:
.................................................. $    775,092
   k.  For federal prison reimbursement, reimbursements for out-of-state placements, and miscellaneous contracts:
.................................................. $    239,411
   2.  The department of corrections shall use moneys appropriated in subsection 1 to continue to contract for the services of a Muslim imam and a Native American spiritual leader.
   Sec. 4.  DEPARTMENT OF CORRECTIONS —— ADMINISTRATION.
   There is appropriated from the general fund of the state to the department of corrections for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For general administration, including salaries, support, maintenance, employment of an education director to administer a centralized education program for the correctional system, and miscellaneous purposes:
.................................................. $  4,835,542
   a.  It is the intent of the general assembly that as a condition of receiving the appropriation provided in this lettered paragraph the department of corrections shall not, except as otherwise provided in paragraph “c”, enter into a new contract, unless the contract is a renewal of an existing contract, for the expenditure of moneys in excess of $100,000 during the fiscal year beginning July 1, 2011, for the privatization of services performed by the department using state employees as of July 1, 2011, or for the privatization of new services by the department without prior consultation with any applicable state employee organization affected by the proposed new contract and prior notification of the co-chairpersons and ranking members of the joint appropriations subcommittee on the justice system.
   b.  It is the intent of the general assembly that each lease negotiated by the department of corrections with a private corporation for the purpose of providing private industry employment of inmates in a correctional institution shall prohibit the private corporation from utilizing inmate labor for partisan political purposes for any person seeking election to public office in this state and that a violation of this requirement shall result in a termination of the lease agreement.
   c.  It is the intent of the general assembly that as a condition of receiving the appropriation provided in this subsection the department of corrections shall not enter into a lease or contractual agreement pursuant to section 904.809 with a private corporation for the use of building space for the purpose of providing inmate employment without providing that the terms of the lease or contract establish safeguards to restrict, to the greatest extent feasible, access by inmates working for the private corporation to personal identifying information of citizens.
   2.  For educational programs for inmates at state penal institutions:
.................................................. $  2,308,109
   a.  As a condition of receiving the appropriation in this subsection, the department of corrections shall transfer at least $300,000 from the canteen operating funds established pursuant to section 904.310 to be used for correctional educational programs funded in this subsection.
   b.  It is the intent of the general assembly that moneys appropriated in this subsection shall be used solely for the purpose indicated and that the moneys shall not be transferred for any other purpose. In addition, it is the intent of the general assembly that the department shall consult with the community colleges in the areas in which the institutions are located to utilize moneys appropriated in this subsection to fund the high school completion, high school equivalency diploma, adult literacy, and adult basic education programs in a manner so as to maintain these programs at the institutions.
   c.  To maximize the funding for educational programs, the department shall establish guidelines and procedures to prioritize the availability of educational and vocational training for inmates based upon the goal of facilitating an inmate’s successful release from the correctional institution.
   d.  The director of the department of corrections may transfer moneys from Iowa prison industries for use in educational programs for inmates.
   e.  Notwithstanding section 8.33, moneys appropriated in this subsection that remain unobligated or unexpended at the close of the fiscal year shall not revert but shall remain available to be used only for the purposes designated in this subsection until the close of the succeeding fiscal year.
   3.  For the development of the Iowa corrections offender network (ICON) data system:
.................................................. $    424,364
   4.  For offender mental health and substance abuse treatment:
.................................................. $     22,319
   5.  For viral hepatitis prevention and treatment:
.................................................. $    167,881
   Sec. 5.  JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL SERVICES.
   1.  There is appropriated from the general fund of the state to the department of corrections for the fiscal year beginning July 1, 2011, and ending June 30, 2012, for salaries, support, maintenance, and miscellaneous purposes, the following amounts, or so much thereof as is necessary, to be allocated as follows:
   a.  For the first judicial district department of correctional services:
.................................................. $ 12,020,098
   b.  For the second judicial district department of correctional services:
.................................................. $ 10,336,948
   c.  For the third judicial district department of correctional services:
.................................................. $  5,599,765
   d.  For the fourth judicial district department of correctional services:
.................................................. $  5,391,355
   e.  For the fifth judicial district department of correctional services, including funding for electronic monitoring devices for use on a statewide basis:
.................................................. $ 18,742,129
   f.  For the sixth judicial district department of correctional services:
.................................................. $ 13,112,563
   g.  For the seventh judicial district department of correctional services:
.................................................. $  6,492,814
   h.  For the eighth judicial district department of correctional services:
.................................................. $  6,731,055
   2.  Each judicial district department of correctional services, within the funding available, shall continue programs and plans established within that district to provide for intensive supervision, sex offender treatment, diversion of low-risk offenders to the least restrictive sanction available, job development, and expanded use of intermediate criminal sanctions.
   3.  Each judicial district department of correctional services shall provide alternatives to prison consistent with chapter 901B. The alternatives to prison shall ensure public safety while providing maximum rehabilitation to the offender. A judicial district department of correctional services may also establish a day program.
   4.  The governor’s office of drug control policy shall consider federal grants made to the department of corrections for the benefit of each of the eight judicial district departments of correctional services as local government grants, as defined pursuant to federal regulations.
   5.  The department of corrections shall continue to contract with a judicial district department of correctional services to provide for the rental of electronic monitoring equipment which shall be available statewide.
   6.  A judicial district department of correctional services shall accept into the facilities of the district department, offenders assigned from other judicial district departments of correctional services.
   Sec. 6.  DEPARTMENT OF CORRECTIONS —— REALLOCATION OF APPROPRIATIONS.  Notwithstanding section 8.39, within the moneys appropriated in this Act to the department of corrections, the department may reallocate the moneys appropriated and allocated as necessary to best fulfill the needs of the correctional institutions, administration of the department, and the judicial district departments of correctional services. However, in addition to complying with the requirements of sections 904.116 and 905.8 and providing notice to the legislative services agency, the department of corrections shall also provide notice to the department of management, prior to the effective date of the revision or reallocation of an appropriation made pursuant to this section. The department of corrections shall not reallocate an appropriation or allocation for the purpose of eliminating any program.
   Sec. 7.  INTENT —— REPORTS.
   1.  The department of corrections in cooperation with townships, the Iowa cemetery associations, and other nonprofit or governmental entities may use inmate labor during the fiscal year beginning July 1, 2011, to restore or preserve rural cemeteries and historical landmarks. The department in cooperation with the counties may also use inmate labor to clean up roads, major water sources, and other water sources around the state.
   2.  On a quarterly basis the department shall provide a status report regarding private-sector employment to the legislative services agency beginning on July 1, 2011. The report shall include the number of offenders employed in the private sector, the combined number of hours worked by the offenders, the total amount of allowances, and the distribution of allowances pursuant to section 904.702, including any moneys deposited in the general fund of the state.
   Sec. 8.  ELECTRONIC MONITORING REPORT.  The department of corrections shall submit a report on electronic monitoring to the general assembly, to the co-chairpersons and the ranking members of the joint appropriations subcommittee on the justice system, and to the legislative services agency by January 15, 2012. The report shall specifically address the number of persons being electronically monitored and break down the number of persons being electronically monitored by offense committed. The report shall also include a comparison of any data from the prior fiscal year with the current year.
   Sec. 9.  STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
   1.  As used in this section, unless the context otherwise requires, “state agency” means the government of the state of Iowa, including but not limited to all executive branch departments, agencies, boards, bureaus, and commissions, the judicial branch, the general assembly and all legislative agencies, institutions within the purview of the state board of regents, and any corporation whose primary function is to act as an instrumentality of the state.
   2.  State agencies are hereby encouraged to purchase products from Iowa state industries, as defined in section 904.802, when purchases are required and the products are available from Iowa state industries. State agencies shall obtain bids from Iowa state industries for purchases of office furniture during the fiscal year beginning July 1, 2011, exceeding $5,000 or in accordance with applicable administrative rules related to purchases for the agency.
   Sec. 10.  STATE PUBLIC DEFENDER.  There is appropriated from the general fund of the state to the office of the state public defender of the department of inspections and appeals for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be allocated as follows for the purposes designated:
   1.  For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $ 24,083,182
............................................... FTEs     219.00
   2.  For the fees of court-appointed attorneys for indigent adults and juveniles, in accordance with section 232.141 and chapter 815:
.................................................. $ 29,680,929
   Sec. 11.  BOARD OF PAROLE.  There is appropriated from the general fund of the state to the board of parole for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,053,835
............................................... FTEs      12.50
   Sec. 12.  DEPARTMENT OF PUBLIC DEFENSE.  There is appropriated from the general fund of the state to the department of public defense for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  MILITARY DIVISION
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  5,527,042
............................................... FTEs     313.00
   The military division may temporarily exceed and draw more than the amount appropriated in this subsection and incur a negative cash balance as long as there are receivables of federal funds equal to or greater than the negative balance and the amount appropriated in this subsection is not exceeded at the close of the fiscal year.
   2.  HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,836,877
............................................... FTEs      40.00
   a.  The homeland security and emergency management division may temporarily exceed and draw more than the amount appropriated in this subsection and incur a negative cash balance as long as there are receivables of federal funds equal to or greater than the negative balance and the amount appropriated in this subsection is not exceeded at the close of the fiscal year.
   b.  It is the intent of the general assembly that the homeland security and emergency management division work in conjunction with the department of public safety, to the extent possible, when gathering and analyzing information related to potential domestic or foreign security threats, and when monitoring such threats.
   Sec. 13.  DEPARTMENT OF PUBLIC SAFETY.  There is appropriated from the general fund of the state to the department of public safety for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For the department’s administrative functions, including the criminal justice information system, and for not more than the following full-time equivalent positions:
.................................................. $  4,007,075
............................................... FTEs      36.00
   2.  For the division of criminal investigation, including the state’s contribution to the peace officers’ retirement, accident, and disability system provided in chapter 97A in the amount of the state’s normal contribution rate, as defined in section 97A.8, multiplied by the salaries for which the funds are appropriated, to meet federal fund matching requirements, and for not more than the following full-time equivalent positions:
.................................................. $ 12,533,931
............................................... FTEs     159.10
   The department shall employ one additional special agent and one additional criminalist for the purpose of investigating cold cases. Prior to employing the additional special agent and criminalist authorized in this paragraph, the department shall provide a written statement to prospective employees that states to the effect that the positions are being funded by a temporary federal grant and there are no assurances that funds from other sources will be available after the federal funding expires. If the federal funding for the additional positions expires during the fiscal year, the number of full-time equivalent positions authorized in this subsection is reduced by 2.00 FTEs.
   3.  For the criminalistics laboratory fund created in section 691.9:
.................................................. $    302,345
   4.
  a.  For the division of narcotics enforcement, including the state’s contribution to the peace officers’ retirement, accident, and disability system provided in chapter 97A in the amount of the state’s normal contribution rate, as defined in section 97A.8, multiplied by the salaries for which the funds are appropriated, to meet federal fund matching requirements, and for not more than the following full-time equivalent positions:
.................................................. $  6,429,884
............................................... FTEs      74.00
   b.  For the division of narcotics enforcement for undercover purchases:
.................................................. $    109,042
   5.  For the division of state fire marshal, for fire protection services as provided through the state fire service and emergency response council as created in the department, and for the state’s contribution to the peace officers’ retirement, accident, and disability system provided in chapter 97A in the amount of the state’s normal contribution rate, as defined in section 97A.8, multiplied by the salaries for which the funds are appropriated, and for not more than the following full-time equivalent positions:
.................................................. $  4,298,707
............................................... FTEs      55.00
   6.  For the division of state patrol, for salaries, support, maintenance, workers’ compensation costs, and miscellaneous purposes, including the state’s contribution to the peace officers’ retirement, accident, and disability system provided in chapter 97A in the amount of the state’s normal contribution rate, as defined in section 97A.8, multiplied by the salaries for which the funds are appropriated, and for not more than the following full-time equivalent positions:
.................................................. $ 51,903,233
............................................... FTEs     513.00
   It is the intent of the general assembly that members of the state patrol be assigned to patrol the highways and roads in lieu of assignments for inspecting school buses for the school districts.
   7.  For deposit in the sick leave benefits fund established under section 80.42 for all departmental employees eligible to receive benefits for accrued sick leave under the collective bargaining agreement:
.................................................. $    279,517
   8.  For costs associated with the training and equipment needs of volunteer fire fighters:
.................................................. $    575,520
   a.  Notwithstanding section 8.33, moneys appropriated in this subsection that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure only for the purpose designated in this subsection until the close of the succeeding fiscal year.
   b.  Notwithstanding section 8.39, within the moneys appropriated in this section, the department of public safety may reallocate moneys as necessary to best fulfill the needs provided for in the appropriation. However, the department shall not reallocate an appropriation made to the department in this section unless notice of the reallocation is given to the legislative services agency and the department of management prior to the effective date of the reallocation. The notice shall include information regarding the rationale for reallocating the appropriation. The department shall not reallocate an appropriation made in this section for the purpose of eliminating any program.
   9.  For the law enforcement training council, if enacted by this Act, for salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $    398,500
............................................... FTEs       3.00
   Sec. 14.  GAMING ENFORCEMENT.
   1.  There is appropriated from the gaming enforcement revolving fund created in section 80.43 to the department of public safety for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For any direct and indirect support costs for agents and officers of the division of criminal investigation’s excursion gambling boat, gambling structure, and racetrack enclosure enforcement activities, including salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  9,836,306
............................................... FTEs     120.00
   2.  For each additional license to conduct gambling games on an excursion gambling boat, gambling structure, or racetrack enclosure issued during the fiscal year beginning July 1, 2011, there is appropriated from the gaming enforcement fund to the department of public safety for the fiscal year beginning July 1, 2011, and ending June 30, 2012, an additional amount of not more than $521,000 to be used for not more than 6.00 additional full-time equivalent positions.
   3.  The department of public safety, with the approval of the department of management, may employ no more than two special agents and four gaming enforcement officers for each additional riverboat or gambling structure regulated after July 1, 2011, and one special agent for each racing facility which becomes operational during the fiscal year which begins July 1, 2011. One additional gaming enforcement officer, up to a total of four per riverboat or gambling structure, may be employed for each riverboat or gambling structure that has extended operations to 24 hours and has not previously operated with a 24-hour schedule. Positions authorized in this subsection are in addition to the full-time equivalent positions otherwise authorized in this section.
   Sec. 15.  CIVIL RIGHTS COMMISSION.  There is appropriated from the general fund of the state to the Iowa state civil rights commission for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,297,069
............................................... FTEs      28.00
   The Iowa state civil rights commission may enter into a contract with a nonprofit organization to provide legal assistance to resolve civil rights complaints.
   Sec. 16.  2009 Iowa Acts, chapter 178, section 20, is amended to read as follows:
   SEC. 20.  CONSUMER EDUCATION AND LITIGATION FUND.
  Notwithstanding section 714.16C, for each fiscal year of the period beginning July 1, 2008, and ending June 30, 2011 2013, the annual appropriations in section 714.16C, are increased from $1,125,000 to $1,875,000, and $75,000 to $125,000 respectively. Moneys appropriated from the consumer education and litigation fund may be allocated for cash flow purposes to the victim compensation fund established in section 915.94 during each of the fiscal years enumerated, provided that any moneys so allocated are returned to the consumer education and litigation fund by the end of each fiscal year an allocation occurs. 
   Sec. 17.  IOWA COMMUNICATIONS NETWORK.  It is the intent of the general assembly that the executive branch agencies receiving an appropriation in this Act utilize the Iowa communications network or secure other electronic communications in lieu of traveling for the fiscal year addressed by the appropriations.
   Sec. 18.  HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION.  There is appropriated from the wireless E911 emergency communications fund created in section 34A.7A to the administrator of the homeland security and emergency management division of the department of public defense for the fiscal year beginning July 1, 2011, and ending June 30, 2012, an amount not exceeding $200,000 to be used for implementation, support, and maintenance of the functions of the administrator and program manager under chapter 34A and to employ the auditor of the state to perform an annual audit of the wireless E911 emergency communications fund.
   Sec. 19.  SUPERVISORY EMPLOYEES TO OTHER EMPLOYEES —— RATIO.  Notwithstanding section 8A.402, subsection 2, paragraph “g”, for the fiscal year beginning July 1, 2011, the department of corrections, department of public safety, and the judicial district departments of correctional services shall be exempt from the target ratio of supervisory employees to other employees otherwise applicable for that fiscal year under section 8A.402, subsection 2, paragraph “g”.

DIVISION II

CREATION OF LAW ENFORCEMENT TRAINING COUNCIL
   Sec. 20.  Section 7E.5, subsection 2, paragraph a, Code 2011, is amended to read as follows:
   a.  There is a civil rights commission, a public employment relations board, an interstate cooperation commission, an ethics and campaign disclosure board, and an Iowa a law enforcement academy training council.
   Sec. 21.  Section 80.1A, Code 2011, is amended by adding the following new subsections:
   NEW SUBSECTION.  05.  “Law enforcement officer” means an officer appointed by the director of the department of natural resources, a member of a police force or other agency or department of the state, county, city, or tribal government regularly employed as such and who is responsible for the prevention and detection of crime and the enforcement of the criminal laws of this state and all individuals, as determined by the council, who by the nature of their duties may be required to perform the duties of a peace officer.
   NEW SUBSECTION.  6.  “Telecommunicator” means a person who receives requests for, or dispatches requests to, emergency response agencies which include but are not limited to law enforcement, fire, rescue, and emergency medical services agencies.
   Sec. 22.  Section 80.11, Code 2011, is amended to read as follows:
   80.11  Course of instruction.
   The course of instruction for peace officers of the department shall, at a minimum, be equal to the course of instruction required by the Iowa law enforcement academy pursuant to chapter 80B a law enforcement training school as provided in chapter 260D.
   Sec. 23.  NEW SECTION.  80.44  Law enforcement training council.
   1.  The law enforcement training council is created within the department which shall consist of the following seven voting members appointed by the governor subject to confirmation by the senate to terms of four years commencing as provided in section 69.19:
   a.  Three residents of the state.
   b.  A sheriff of a county.
   c.  A police officer who is a member of a police department of a city with a population larger than fifty thousand persons.
   d.  A police officer who is a member of a police department of a city with a population of less than fifty thousand persons.
   e.  A member of the department of public safety.
   2.  One senator appointed by the majority leader of the senate, one senator appointed by the minority leader of the senate, one representative appointed by the speaker of the house of representatives, and one representative appointed by the minority leader of the house of representatives are also ex officio, nonvoting members of the council who shall serve terms as provided in section 69.16B.
   3.  In the event a member appointed pursuant to this section is unable to complete a term, the vacancy shall be filled for the unexpired term in the same manner as the original appointment.
   Sec. 24.  NEW SECTION.  80.45  Officers of training council.
   The training council shall elect from its membership a chairperson and a vice chairperson each of whom shall serve for a term of one year and who may be reelected. Membership on the council shall not constitute holding a public office and members of the council shall not be required to take and file oaths of office before serving on the council. A member of the council shall not be disqualified from holding any public office or employment by reason of appointment or membership on the council, and a member shall not forfeit any such office or employment by reason of appointment to the council, notwithstanding the provisions of any general, special or local law, ordinance or city charter.
   Sec. 25.  NEW SECTION.  80.46  Training council —— compensation and expenses.
   The members of the training council, who are not employees of the state or a political subdivision, shall be paid a per diem as specified in section 7E.6. All members of the council shall be reimbursed for necessary and actual expenses incurred in attending meetings and in the performance of their duties. All per diem and expense moneys paid to nonlegislative members shall be paid from funds appropriated to the department. Legislative members of the council shall receive payment pursuant to sections 2.10 and 2.12. 
   Sec. 26.  NEW SECTION.  80.47  Training council —— meetings.
   The training council shall meet at least four times each year and shall hold special meetings when called by the chairperson or, in the absence of the chairperson, by the vice chairperson, or by the chairperson upon written request of five members of the council. The council shall establish procedures and requirements with respect to quorum, place, and conduct of meetings.
   Sec. 27.  NEW SECTION.  80.48  Training council —— annual report.
   The training council shall make an annual report to the governor, the attorney general, and the commissioner of public safety which shall include pertinent data regarding the standards established and the degree of participation of agencies in the law enforcement training schools.
   Sec. 28.  NEW SECTION.  80.49  Training council —— rules.
   1.  The commissioner, subject to the approval of the council, shall adopt rules in accordance with the provisions of this chapter and chapter 17A, giving due consideration to varying factors and special requirements of law enforcement agencies relative to the following:
   a.  Minimum entrance requirements, course of study, attendance requirements, and equipment and facilities required at approved law enforcement training schools. The minimum age requirement for entrance to approved law enforcement training schools shall be eighteen years of age. The minimum course of study requirements shall include a separate domestic abuse curriculum, which may include but is not limited to outside speakers from domestic abuse shelters and crime victim assistance organizations. The minimum course of study requirements shall also include a sexual assault curriculum.
   b.  Minimum basic training requirements a law enforcement officer employed after July 1, 1968, must complete in order to remain eligible for continued employment and the time within which such basic training must be completed. The minimum requirements shall mandate training devoted to the topic of domestic abuse and sexual assault. The training council shall submit an annual report to the general assembly by January 15 of each year relating to the continuing education requirements devoted to the topic of domestic abuse, including the number of hours required, the substance of the classes offered, and other related matters.
   c.
  (1)  Categories or classifications of advanced in-service training programs and minimum courses of study and attendance requirements for such categories or classifications.
   (2)  In-service training under this paragraph“c” shall include the requirement that all law enforcement officers complete a course on investigation, identification, and reporting of public offenses based on the race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability of the victim. The commissioner shall consult with the civil rights commission, the department, and the prosecuting attorneys training coordinator in developing the requirements for this course and may contract with outside providers for this course.
   d.  Within the existing curriculum, expanded training regarding racial and cultural awareness and dealing with gang-affected youth.
   e.  Training standards on the subject of human trafficking, to include curricula on cultural sensitivity and the means to deal effectively and appropriately with trafficking victims. Such training shall encourage law enforcement personnel to communicate in the language of the trafficking victims. The course of instruction and training standards shall be developed by the commissioner in consultation with the appropriate national and state experts in the field of human trafficking.
   f.  Minimum standards of physical, educational, and moral fitness which shall govern the recruitment, selection, and appointment of law enforcement officers.
   g.  Minimum standards of mental fitness which shall govern the initial recruitment, selection, and appointment of law enforcement officers. The rules shall include but are not limited to providing a battery of psychological tests to determine cognitive skills, personality characteristics, and suitability of an applicant for a law enforcement career. However, this battery of tests need only be given to applicants being considered in the final selection process for a law enforcement position. Notwithstanding any provision of chapter 400, an applicant shall not be hired if the employer determines from the tests that the applicant does not possess sufficient cognitive skills, personality characteristics, or suitability for a law enforcement career. The commissioner shall provide for the cognitive and psychological examinations and their administration to the law enforcement agencies or applicants, and shall identify and hire persons to interpret the examinations.
   h.  Grounds for revocation or suspension of a law enforcement officer’s certification.
   i.  Exemptions from particular provisions in case of any state, county, or city, if, in the opinion of the training council, the standards of law enforcement training established and maintained by the governmental agency are as high or higher than those established pursuant to this chapter; or revocation in whole or in part of such exemption, if in its opinion the standards of law enforcement training established and maintained by the governmental agency are lower than those established pursuant to this chapter.
   j.  Minimum qualifications for instructors in telecommunicator training schools.
   k.  Minimum qualifications for instructors in law enforcement and jailer training schools.
   l.  Certification through examination for individuals who have successfully completed the federal bureau of investigation national academy, have corrected Snellen vision in both eyes of 20/20 or better, and were employed on or before January 1, 1996, as chief of police of a city in this state with a population of twenty thousand or more.
   2.  A certified course of instruction provided for under this section shall not be eliminated by the law enforcement council.
   Sec. 29.  NEW SECTION.  80.50  Authority of law enforcement training council.
   The council may do all of the following:
   1.  Designate members to visit and inspect any law enforcement or jailer training schools, or examine the curriculum or training procedures, for which application for approval has been made.
   2.  Issue certificates to law enforcement training schools qualifying under the regulations of the council.
   3.  Issue certificates to law enforcement officers and jailers who have met the requirements of this chapter and rules adopted under chapter 17A relative to hiring and training standards.
   4.  Make recommendations to the governor, the attorney general, the commissioner, and the general assembly on matters pertaining to qualification and training of law enforcement officers and jailers and other matters considered necessary to improve law enforcement services and jailer training.
   5.  Cooperate with federal, state, and local enforcement agencies in establishing and conducting local or area schools, or regional training centers for instruction and training of law enforcement officers and jailers.
   6.  Direct research in the field of law enforcement and jailer training and accept grants for such purposes.
   7.
  a.  Revoke a law enforcement officer’s certification for the conviction of a felony or revoke or suspend a law enforcement officer’s certification for a violation of rules adopted pursuant to section 80.49, subsection 1, paragraph “h”. In addition, the council may consider revocation or suspension proceedings when an employing agency recommends to the council that revocation or suspension would be appropriate with regard to a current or former employee. If a law enforcement officer resigns, the employing agency shall notify the council that an officer has resigned and state the reason for the resignation if a substantial likelihood exists that the reason would result in the revocation or suspension of an officer’s certification for a violation of the rules.
   b.  A recommendation by an employing agency must be in writing and set forth the reasons why the action is being recommended, the findings of the employing agency concerning the matter, the action taken by the employing agency, and that the action by the agency is final. “Final”, as used in this section, means that all appeals through a grievance procedure available to the officer or civil service have been exhausted. The written recommendations shall be unavailable for inspection by anyone except personnel of the employing agency, the council and the affected law enforcement officer, or as ordered by a reviewing court.
   c.  The council shall establish a process for the protest and appeal of a revocation or suspension made pursuant to this subsection.
   8.  In accordance with chapter 17A, conduct investigations, hold hearings, appoint hearing examiners, administer oaths and issue subpoenas enforceable in district court on matters relating to the revocation or suspension of a law enforcement officer’s certification.
   9.  Secure the assistance of the state division of criminal investigation in the investigation of alleged violations, as provided under section 80.9A, subsection 6, paragraphs“c” and “g”, of the provisions adopted under section 80.49.
   Sec. 30.  NEW SECTION.  80.51  Training council —— telecommunicator training standards.
   The commissioner, subject to the approval of the law enforcement training council, in consultation with the Iowa state sheriffs’ and deputies’ association, the Iowa police executive forum, the Iowa association of chiefs of police and peace officers, the Iowa state police association, the Iowa association of professional fire fighters, the Iowa emergency medical services association, the joint council of Iowa fire service organizations, the Iowa chapter of the association of public safety communications officials-international, inc., the Iowa chapter of the national emergency number association, the homeland security and emergency management division of the Iowa department of public defense, and the Iowa department of public health, shall adopt rules pursuant to chapter 17A establishing minimum standards and fees for training of telecommunicators.
   Sec. 31.  Section 80D.1A, subsections 1 and 2, Code 2011, are amended to read as follows:
   1.  “Academy” means the Iowa law enforcement academy.
   2.  1.  “Council” means theIowa law enforcement academy training council.
   Sec. 32.  Section 80D.3, subsection 3, paragraph a, Code 2011, is amended to read as follows:
   a.  A person appointed to serve as a reserve peace officer who has received basic training as a peace officer and has been certified by the academy a law enforcement training school pursuant to chapter 80B 260D and rules adopted pursuant to chapter 80B chapters 80 and 260D may be exempted from completing the minimum training course at the discretion of the appointing authority. However, such a person appointed to serve as a reserve peace officer shall meet mandatory in-service training requirements established by academy rules if the person has not served as an active peace officer within one hundred eighty days of appointment as a reserve peace officer.
   Sec. 33.  Section 80D.7, Code 2011, is amended to read as follows:
   80D.7  Carrying weapons.
   A member of a reserve force shall not carry a weapon in the line of duty until the member has been approved by the governing body and certified by the Iowa law enforcement academy training council to carry weapons. After approval and certification, a reserve peace officer may carry a weapon in the line of duty only when authorized by the chief of police, sheriff, commissioner of public safety or the commissioner’s designee, or director of the judicial district department of correctional services or the director’s designee, as the case may be.
   Sec. 34.  Section 80F.1, subsection 1, paragraph e, Code 2011, is amended to read as follows:
   e.  “Officer” means a certified law enforcement officer, fire fighter, emergency medical technician, corrections officer, detention officer, jailer, probation or parole officer, communications officer, or any other law enforcement officer certified by theIowa law enforcement academy training council and employed by a municipality, county, or state agency.
   Sec. 35.  Section 97B.49B, subsection 1, paragraph e, subparagraph (9), Code 2011, is amended to read as follows:
   (9)  A jailer or detention officer who performs duties as a jailer, including but not limited to the transportation of inmates, who is certified as having completed jailer training pursuant to chapter 80B 904, and who is employed by a county as a jailer.
   Sec. 36.  Section 200.17A, subsection 4, Code 2011, is amended to read as follows:
   4.  The department, a law enforcement officer as defined in section 80B.3 80.1A, or an agent of the United States department of justice may examine and photocopy the record during regular business hours.
   Sec. 37.  Section 232.69, subsection 3, paragraph d, subparagraph (3), Code 2011, is amended to read as follows:
   (3)  A training program using such an approved curriculum offered by the department of human services, the department of education, an area education agency, a school district, the Iowa a law enforcement academy training school, or a similar public agency.
   Sec. 38.  Section 235B.16, subsection 5, paragraph d, subparagraph (3), Code 2011, is amended to read as follows:
   (3)  A training program using such an approved curriculum offered by the department of human services, the department on aging, the department of inspections and appeals, the Iowa a law enforcement academy training school, or a similar public agency.
   Sec. 39.  NEW SECTION.  260D.1  Purpose of law enforcement training schools.
   In order to maximize training opportunities for law enforcement officers throughout the state it is the intent of the legislature to authorize the creation of law enforcement training schools in the community colleges under the coordination and direction of the law enforcement training council created in section 80.44.
   Sec. 40.  NEW SECTION.  260D.1A  Definition.
   As used in this chapter “law enforcement officer” means the same as defined in section 80.1A.
   Sec. 41.  NEW SECTION.  260D.2  Authorization of law enforcement training schools.
   Each community college is authorized to create a law enforcement training school for the certification of a law enforcement officer in order to serve the best interests of the state and in carrying out the intent and purpose of this chapter.
   Sec. 42.  NEW SECTION.  260D.3  Examination and attendance fees —— training cost.
   1.  The full cost of providing cognitive and psychological examinations of law enforcement officer candidates may be charged by a law enforcement training school.
   2.  A law enforcement training school shall charge to the following entities the following costs to provide the basic training course which is designed to meet the minimum basic training requirements for a law enforcement officer:
   a.  To the department of natural resources and the department of transportation, the total cost.
   b.  To a candidate from any other state agency or department of the state, the total cost. The candidate and the agency or department may negotiate the portion of the total cost each must pay.
   c.  For a candidate sponsored by a political subdivision and hired by the political subdivision, the total cost. The candidate and the political subdivision may negotiate the portion of the total cost each must pay.
   d.  For all other candidates, including a candidate from a tribal government, to the candidate the total costs.
   Sec. 43.  NEW SECTION.  260D.4  Training.
   1.  An individual who is not a certified law enforcement officer may apply for attendance at a short course of study at an approved law enforcement training school if such individual is sponsored by a law enforcement agency. Such individual may be sponsored by a law enforcement agency that either intends to hire or has hired the individual as a law enforcement officer.
   2.  An individual who submits an application pursuant to subsection 1 shall, at a minimum, meet all minimum hiring standards as established by the law enforcement training council rules, including the successful completion of certain psychological and physical testing examinations. In addition, such individual shall be of good moral character as determined by a thorough background investigation by the hiring law enforcement agency. The law enforcement training school shall conduct the requisite testing and background investigation for a fee if the law enforcement agency does not do so, and for such purposes, the law enforcement school shall be defined as a law enforcement agency and shall have the authority to conduct a background investigation including a fingerprint search of local, state, and national fingerprint files.
   3.  An individual who submits an application pursuant to subsection 1 shall, at a minimum, submit proof of successful completion of a two-year or four-year police science or criminal justice program at an accredited educational institution in this state approved by the law enforcement training council.
   4.  An individual shall not be granted permission to attend an approved law enforcement training school pursuant to subsection 1 if such acceptance would result in the nonacceptance of another qualifying applicant who is a law enforcement officer.
   5.  This section applies only to individuals who apply for certification through a short course of study as established by rule.
   6.  An individual who has not been hired by a law enforcement agency must be hired by a law enforcement agency within eighteen months of completing the short course of study in order to obtain certification pursuant to this section.
   Sec. 44.  NEW SECTION.  260D.5  Law enforcement training —— application by individual —— individual expense.
   1.  Notwithstanding any other provision of law to the contrary, an individual who is not a certified law enforcement officer may apply for attendance at a law enforcement training school if such individual is sponsored by a law enforcement agency that either intends to hire or has hired the individual as a law enforcement officer on the condition that the individual meets the minimum eligibility standards described in subsection 2. The costs for attendance by such an individual at the law enforcement training school shall be paid as provided in section 260D.3.
   2.  An individual who submits an application pursuant to subsection 1 shall, at a minimum, meet all minimum hiring standards as established by law enforcement training council rules, including the successful completion of certain psychological and physical testing examinations. In addition, such individual shall be of good moral character as determined by a thorough background investigation by the law enforcement training school for a fee. For such purposes, the law enforcement training school shall have the authority to conduct a background investigation of the individual, including a fingerprint search of local, state, and national fingerprint files.
   3.  An individual shall not be granted permission to attend a law enforcement training school if such acceptance would result in the nonacceptance of another qualifying applicant who is a law enforcement officer.
   4.  An individual who has not been hired by a law enforcement agency must be hired by a law enforcement agency within eighteen months of completing the appropriate coursework at the law enforcement training school in order to obtain certification pursuant to chapter 80.
   Sec. 45.  NEW SECTION.  260D.6  Law enforcement officer —— tribal government.
   A law enforcement officer who is a member of a police force of a tribal government and who becomes certified through a law enforcement training school shall be subject to the certification and revocation of certification rules and procedures as provided in this chapter. The certified law enforcement officer shall be subject to the jurisdiction of the courts of this state if an agreement exists between the tribal government and the state or between the tribal government and a county, which grants authority to the law enforcement officer to act in a law enforcement capacity off a settlement or reservation.
   Sec. 46.  Section 262.13, Code 2011, is amended to read as follows:
   262.13  Security officers at institutions as peace officers.
   The board may authorize any institution under its control to commission one or more of its employees as special security officers. Special security officers shall have the powers, privileges, and immunities of regular peace officers when acting in the interests of the institution by which they are employed. The board shall provide as rapidly as practicable for the adequate training of such special security officers at the Iowa a law enforcement academy training school or in an equivalent training program, unless they have already received such training.
   Sec. 47.  Section 321.52, subsection 4, paragraph c, Code 2011, is amended to read as follows:
   c.  A salvage theft examination shall be made by a peace officer who has been specially certified and recertified when required by theIowa law enforcement academy training council to do salvage theft examinations. TheIowa law enforcement academy training council shall determine standards for training and certification, conduct training, and may approve alternative training programs which satisfy the academy’s council’s standards for training and certification. The owner of the salvage vehicle shall make the vehicle available for examination at a time and location designated by the peace officer doing the examination. The owner may obtain a permit to drive the vehicle to and from the examination location by submitting a repair affidavit to the agency performing the examination stating that the vehicle is reasonably safe for operation and listing the repairs which have been made to the vehicle. The owner must be present for the examination and have available for inspection the salvage title, bills of sale for all essential parts changed, if applicable, and the repair affidavit. The examination shall be for the purposes of determining whether the vehicle or repair components have been stolen. The examination is not a safety inspection and a signed salvage theft examination certificate shall not be construed by any court of law to be a certification that the vehicle is safe to be operated. There shall be no cause of action against the peace officer or the agency conducting the examination or the county treasurer for failure to discover or note safety defects. If the vehicle passes the theft examination, the peace officer shall indicate that the vehicle passed examination on the salvage theft examination certificate. The permit and salvage theft examination certificate shall be on controlled forms prescribed and furnished by the department. The owner shall pay a fee of thirty dollars upon completion of the examination. The agency performing the examinations shall retain twenty dollars of the fee and shall pay five dollars of the fee to the department and five dollars of the fee to the treasurer of state for deposit in the general fund of the state. Moneys deposited to the general fund under this paragraph are subject to the requirements of section 8.60 and shall be used by the Iowa law enforcement academy council to provide for the special training, certification, and recertification of officers as required by this subsection.
   Sec. 48.  Section 321.267A, subsection 4, Code 2011, is amended to read as follows:
   4.  For the purposes of this section,“certified law enforcement officer” includes a law enforcement officer who is certified through the Iowa a law enforcement academy training school under chapter 260D as provided in section 80B.13 80.50, subsection 3, or a reserve peace officer certified through the Iowa a law enforcement academy training school under chapter 206D as provided in section 80D.4A.
   Sec. 49.  Section 321J.1, subsection 8, paragraph e, Code 2011, is amended to read as follows:
   e.  Any other law enforcement officer who has satisfactorily completed an approved course relating to motor vehicle operators under the influence of alcoholic beverages at the Iowa a law enforcement academy training school or a other law enforcement training program approved by the department of public safety.
   Sec. 50.  Section 331.651, subsection 2, paragraph c, Code 2011, is amended to read as follows:
   c.  Be a certified peace officer recognized by theIowa law enforcement academy training council under chapter 80B 80, or complete the basic training course provided at the Iowa law enforcement academy’s central training facility by a law enforcement training school under chapter 260D, or a location other than the central training facility within one year of taking office. A person shall be deemed to have completed the basic training course if the person meets all course requirements except the physical training requirements.
   Sec. 51.  Section 341A.6, subsection 2, Code 2011, is amended to read as follows:
   2.  To administer practical tests designed to determine the ability of persons examined to perform the duties of the position for which they are seeking appointment. Such tests shall be designed and prepared by the director of the Iowa law enforcement academy commissioner of the department of public safety, shall be administered by each commission in a uniform manner prescribed by the director commissioner of the department of public safety, and shall be consistent with standards established pursuant to chapter 80B chapters 80 and 260D governing standards for employment of Iowa law enforcement officers. Notice of such tests shall be posted in the office of the sheriff and the office of the board of supervisors not less than thirty days prior to giving such tests.
   Sec. 52.  Section 341A.10, Code 2011, is amended to read as follows:
   341A.10  Citizenship.
   An applicant for any position under civil service shall be a citizen of the United States who can read and write the English language, and shall meet the minimum requirements of the Iowa a law enforcement academy training council for a law enforcement officer.
   Sec. 53.  Section 341A.11, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   The tenure of every deputy sheriff holding an office or position of employment under the provisions of this chapter shall be conditional upon a probationary period. If the employee has successfully completed training at the Iowa a law enforcement academy training school or a regional training facility certified by the director of the Iowa law enforcement academy training council prior to initial appointment as a deputy sheriff, the probationary period shall be for a period of up to nine months and shall commence with the date of initial appointment as a deputy sheriff. If the employee has not successfully completed training at the Iowa a law enforcement academy training school or a regional training facility certified by the director of the Iowa law enforcement academy training council prior to initial appointment as a deputy sheriff, the probationary period shall commence with the date of initial employment as a deputy sheriff and shall continue for a period of up to nine months following the date of successful completion of training at the Iowa law enforcement academy training council or a regional training facility certified by the director of the Iowa law enforcement academy training council. During the probationary period, the appointee may be removed or discharged by the sheriff without the right of appeal to the commission. Each deputy sheriff who transfers from one jurisdiction to another shall be employed subject to a probationary period of up to nine months. After the probationary period, the deputy sheriff may be removed or discharged, suspended without pay, demoted, or reduced in rank, or deprived of vacation privileges or other privileges for any of the following reasons:
   Sec. 54.  Section 384.15, subsection 7, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   Adopt rules for the administration of a law enforcement officer training reimbursement program by the director of the department of management. A decision of the director may be appealed by a city or county to the committee. The program shall provide reimbursement to a city or county for necessary and actual expenses incurred in training a law enforcement officer who resigns from law enforcement service with the city or county within four years after completion of the law enforcement training. The reimbursable training expenses include mileage, food, lodging, tuition, replacement of an officer while the officer is in training if the replacement officer is a temporary employee hired for that purpose only or is on overtime status, and salary costs of the officer while in training. The law enforcement training eligible for reimbursement is the minimum law enforcement officer training required under chapter 80B chapters 80 and 260D and, if funding is available, approved advanced law enforcement training and reserve officer training required under chapter 80D. The committee shall adopt rules prescribing application forms, expense documentation, and procedures necessary to administer the reimbursement program.
   Sec. 55.  Section 400.8, subsection 3, Code 2011, is amended to read as follows:
   3.  All appointments to such positions shall be conditional upon a probation period of not to exceed six months, and in the case of police dispatchers and fire fighters a probation period not to exceed twelve months. In the case of police patrol officers, if the employee has successfully completed training atthe Iowa law enforcement academy training school or another training facility certified by the director of the Iowa law enforcement academy training council before the initial appointment as a police patrol officer, the probationary period shall be for a period of up to nine months and shall commence with the date of initial appointment as a police patrol officer. If the employee has not successfully completed training at the Iowa a law enforcement academy training school or another training facility certified by thedirector of the law enforcement academy training council before initial appointment as a police patrol officer, the probationary period shall commence with the date of initial employment as a police patrol officer and shall continue for a period of up to nine months following the date of successful completion of training at the Iowa a law enforcement academy training school or another training facility certified by thedirector of the Iowa law enforcement academy training council. A police patrol officer transferring employment from one jurisdiction to another shall be employed subject to a probationary period of up to nine months. However, in cities with a population over one hundred seventy-five thousand, appointments to the position of fire fighter shall be conditional upon a probation period of not to exceed twenty-four months. During the probation period, the appointee may be removed or discharged from such position by the appointing person or body without the right of appeal to the commission. A person removed or discharged during a probationary period shall, at the time of discharge, be given a notice in writing stating the reason or reasons for the dismissal. A copy of such notice shall be promptly filed with the commission. Continuance in the position after the expiration of such probationary period shall constitute a permanent appointment.
   Sec. 56.  Section 456A.14, Code 2011, is amended to read as follows:
   456A.14  Temporary appointments —— peace officer status.
   The director may appoint temporary officers for a period not to exceed six months and may adopt minimum physical, educational, mental, and moral requirements for the temporary officers. Chapter 80B does Chapters 80 and 260D do not apply to the temporary officers. Temporary officers have all the powers of peace officers in the enforcement of this chapter and chapters 321G, 321I, 456B, 461A, 461B, 462A, 462B, 463B, 465C, 481A, 481B, 482, 483A, 484A, and 484B, and the trespass laws.
   Sec. 57.  Section 462A.2, subsection 28, paragraph e, Code 2011, is amended to read as follows:
   e.  Any other certified law enforcement officer as defined in section 80B.3 80.1A, who has satisfactorily completed an approved course relating to operating while intoxicated, either at the Iowa a law enforcement academy training school under chapter 260D or in a law enforcement training program approved by the department of public safety.
   Sec. 58.  Section 805.1, subsection 3, paragraph a, Code 2011, is amended to read as follows:
   a.  State and local law enforcement agencies in the state of Iowa may cooperate to formulate uniform guidelines that will provide for the maximum possible use of citations in lieu of arrest and in lieu of continued custody for offenses for which citations are authorized. These guidelines shall be submitted to theIowa law enforcement academy training council for review. TheIowa law enforcement academy training council shall then submit recommendations to the general assembly no later than January 1, 1984.
   Sec. 59.  Section 817.3, Code 2011, is amended to read as follows:
   817.3  Certified law enforcement officers —— oaths, signatures, and testimony.
   A law enforcement officer, as defined in section 80B.3 80.1A, who is certified by the Iowa a law enforcement academy training school under chapter 260D, may administer oaths, acknowledge signatures, and take voluntary testimony pursuant to the officer’s duties as provided by law.
   Sec. 60.  NEW SECTION.  904.120  Jailer training standards.
   The director, in consultation with the law enforcement training council, the Iowa state sheriffs’ and deputies’ association, and the Iowa association of chiefs of police and peace officers, shall adopt rules in accordance with chapter 17A establishing minimum standards and fees for the training of jailers.
   Sec. 61.  MISCELLANEOUS TRANSITION PROVISIONS.
   1.  The initial membership of the law enforcement training council shall be composed of the membership of the Iowa law enforcement academy council.
   2.  Effective on or after July 1, 2011, as determined by the law enforcement training council created pursuant to this division of this Act, all of the membership of the Iowa law enforcement academy council shall be redesignated to serve as the membership of the initial law enforcement training council.
   3.  Until the law enforcement training council and the department of public safety have adopted administrative rules to implement the provisions of this Act, the department of public safety shall apply the relevant rules adopted to implement the Iowa law enforcement academy and the Iowa law enforcement academy council. The rules shall include measures to ensure there is continuity of services in the transition from the Iowa law enforcement academy and the Iowa law enforcement academy council to the law enforcement training council and the department of public safety. The rules shall also address the transition of contracts entered into by the Iowa law enforcement academy and the Iowa law enforcement academy council.
   Sec. 62.  REPEAL.  Chapter 80B, Code 2011, is repealed.
EXPLANATION
   This bill relates to and makes appropriations to the justice system.
   DIVISION I —— APPROPRIATIONS. The division makes appropriations from the general fund of the state for fiscal year 2011-2012 to the departments of justice, corrections, public defense, and public safety, and the law enforcement council, office of the state public defender, board of parole, and Iowa state civil rights commission.
   The division appropriates moneys from the department of commerce revolving fund to the office of consumer advocate of the department of justice.
   The division also appropriates moneys from the gaming enforcement revolving fund to the department of public safety.
   The division also provides that for each additional license to conduct gambling games on an excursion gambling boat, gambling structure, or racetrack enclosure issued for the fiscal year beginning on July 1, 2011, there is appropriated from the gaming enforcement fund to the department of public safety for the fiscal year beginning July 1, 2011, and ending June 30, 2012, an additional amount of not more than $521,000 to be used for not more than 6.00 additional full-time equivalent positions.
   The division extends the fiscal period that increases the annual appropriations from the consumer education and litigation fund in Code section 714.16C, to the department of justice. The division extends the fiscal period authorizing such increases from the fiscal period beginning on July 1, 2008, and ending on June 30, 2011, to the fiscal period beginning on July 1, 2008, and ending June 30, 2013. By extending the fiscal period that authorizes increased appropriations from the consumer education and litigation fund, the division also extends the fiscal period that moneys may be allocated from the consumer education and litigation fund to the victim compensation fund for cash flow purposes, if the moneys so allocated are returned to the consumer and education litigation fund by the end of each fiscal year the allocation occurs.
   For the fiscal year beginning July 1, 2011, the division provides that the department of corrections, department of public safety, and the judicial district department of correctional services are exempt from the target ratio of supervisory employees to other employees otherwise applicable for the fiscal year beginning July 1, 2011, under Code section 8A.402(2)(g).
   DIVISION II —— LAW ENFORCEMENT TRAINING COUNCIL. The division eliminates the Iowa law enforcement academy and repeals Code chapter 80B relating to the establishment of the academy.
   The division transfers the duties of the Iowa law enforcement academy council to the law enforcement training council under the purview of the department of public safety on July 1, 2011. The transfer of the duties of the Iowa law enforcement academy council to the law enforcement training council does not result in the removal of an appointed member or lengthen or shorten the terms of the current appointed members.
   The division moves the telecommunicator training under the purview of the department of public safety. The division provides the department shall adopt rules and establish minimum standards and fees for the training of a telecommunicator. A “telecommunicator” means a person who receives requests for, or dispatches requests to, emergency response agencies which include but are not limited to law enforcement, fire, rescue, and emergency medical services agencies. Under current law, the Iowa law enforcement academy provides such training.
   Under the division, it is the intent of the general assembly to maximize training opportunities for law enforcement officers throughout the state under the coordination and direction of the newly created law enforcement training council. The division authorizes the community colleges to create law enforcement training schools for the certification of law enforcement officers in this state.
   The bill modifies the fees a community college may charge a candidate for attending a law enforcement training school from the current fee structure in Code section 80B.11B.
   The division also permits the law enforcement training school to use the funds raised from the fees to fulfill the obligations of the law enforcement training school to train and certify a law enforcement officer. This provision currently exists for fees charged by the Iowa law enforcement academy under current law.
   The division provides that an individual who is not a certified law enforcement officer may apply for attendance at a law enforcement training school if the individual is sponsored by a law enforcement agency that either intends to hire or has hired the individual as a law enforcement officer. This provision currently exists for individuals under similar circumstances who attend the Iowa law enforcement academy.
   The division provides a law enforcement officer who is a member of a police force of a tribal government who becomes certified by a community college law enforcement training school shall be subject to the certification and revocation of certification rules and procedures as other certified law enforcement officers, as is the case under current law as well.
   The division transfers the authority to establish standards for jailer training from the Iowa law enforcement academy to the department of corrections. The division requires the director of the department of corrections in consultation with the law enforcement council, the Iowa state sheriffs’ and deputies’ association, and the Iowa association of chiefs of police and peace officers, to adopt rules in accordance with Code chapter 17A for the establishment of minimum standards and fees for the training of jailers.