Senate Study Bill 1198 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY SENATE 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 1005SB (3) 84 jm/jp

S.F. _____ Section 1. DEPARTMENT OF JUSTICE. 1 1. There is appropriated from the general fund of the state 2 to the department of justice for the fiscal year beginning July 3 1, 2011, and ending June 30, 2012, the following amounts, or 4 so much thereof as is necessary, to be used for the purposes 5 designated: 6 a. For the general office of attorney general for salaries, 7 support, maintenance, and miscellaneous purposes, including 8 the prosecuting attorneys training program, matching funds for 9 federal violence against women grant program, victim assistance 10 grants, office of drug control policy prosecuting attorney 11 program, and odometer fraud enforcement, and for not more than 12 the following full-time equivalent positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,942,930 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 212.00 15 It is the intent of the general assembly that as a condition 16 of receiving the appropriation provided in this lettered 17 paragraph, the department of justice shall maintain a record 18 of the estimated time incurred representing each agency or 19 department. 20 b. For victim assistance grants: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,876,400 22 The funds appropriated in this lettered paragraph shall be 23 used to provide grants to care providers providing services to 24 crime victims of domestic abuse or to crime victims of rape and 25 sexual assault. 26 The balance of the victim compensation fund established in 27 section 915.94 may be used to provide salary and support of not 28 more than 24 FTEs and to provide maintenance for the victim 29 compensation functions of the department of justice. 30 The department of justice shall transfer at least $150,000 31 from the victim compensation fund established in section 915.94 32 to the victim assistance grant program. 33 c. For legal services for persons in poverty grants as 34 provided in section 13.34: 35 -1- LSB 1005SB (3) 84 jm/jp 1/ 20

S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,814,831 1 2. a. The department of justice, in submitting budget 2 estimates for the fiscal year commencing July 1, 2012, pursuant 3 to section 8.23, shall include a report of funding from sources 4 other than amounts appropriated directly from the general fund 5 of the state to the department of justice or to the office of 6 consumer advocate. These funding sources shall include but 7 are not limited to reimbursements from other state agencies, 8 commissions, boards, or similar entities, and reimbursements 9 from special funds or internal accounts within the department 10 of justice. The department of justice shall also report actual 11 reimbursements for the fiscal year commencing July 1, 2010, 12 and actual and expected reimbursements for the fiscal year 13 commencing July 1, 2011. 14 b. The department of justice shall include the report 15 required under paragraph “a”, as well as information regarding 16 any revisions occurring as a result of reimbursements actually 17 received or expected at a later date, in a report to the 18 co-chairpersons and ranking members of the joint appropriations 19 subcommittee on the justice system and the legislative services 20 agency. The department of justice shall submit the report on 21 or before January 15, 2012. 22 Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated 23 from the department of commerce revolving fund created in 24 section 546.12 to the office of consumer advocate of the 25 department of justice for the fiscal year beginning July 1, 26 2011, and ending June 30, 2012, the following amount, or so 27 much thereof as is necessary, to be used for the purposes 28 designated: 29 For salaries, support, maintenance, miscellaneous purposes, 30 and for not more than the following full-time equivalent 31 positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,336,344 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 34 Sec. 3. DEPARTMENT OF CORRECTIONS —— FACILITIES. 35 -2- LSB 1005SB (3) 84 jm/jp 2/ 20

S.F. _____ 1. There is appropriated from the general fund of the 1 state to the department of corrections for the fiscal year 2 beginning July 1, 2011, and ending June 30, 2012, the following 3 amounts, or so much thereof as is necessary, to be used for the 4 operation of adult correctional institutions, reimbursement 5 of counties for certain confinement costs, and federal prison 6 reimbursement, to be allocated as follows: 7 a. For the operation of the Fort Madison correctional 8 facility, including salaries, support, maintenance, and 9 miscellaneous purposes: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41,345,606 11 b. For the operation of the Anamosa correctional facility, 12 including salaries, support, maintenance, and miscellaneous 13 purposes: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,985,974 15 c. For the operation of the Oakdale correctional facility, 16 including salaries, support, maintenance, and miscellaneous 17 purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55,600,610 19 d. For the operation of the Newton correctional facility, 20 including salaries, support, maintenance, and miscellaneous 21 purposes: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,958,757 23 e. For the operation of the Mt. Pleasant correctional 24 facility, including salaries, support, maintenance, and 25 miscellaneous purposes: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,917,815 27 f. For the operation of the Rockwell City correctional 28 facility, including salaries, support, maintenance, and 29 miscellaneous purposes: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,316,466 31 g. For the operation of the Clarinda correctional facility, 32 including salaries, support, maintenance, and miscellaneous 33 purposes: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,482,356 35 -3- LSB 1005SB (3) 84 jm/jp 3/ 20

S.F. _____ Moneys received by the department of corrections as 1 reimbursement for services provided to the Clarinda youth 2 corporation are appropriated to the department and shall be 3 used for the purpose of operating the Clarinda correctional 4 facility. 5 h. For the operation of the Mitchellville correctional 6 facility, including salaries, support, maintenance, and 7 miscellaneous purposes: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,615,374 9 i. For the operation of the Fort Dodge correctional 10 facility, including salaries, support, maintenance, and 11 miscellaneous purposes: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,062,235 13 j. For reimbursement of counties for temporary confinement 14 of work release and parole violators, as provided in sections 15 901.7, 904.908, and 906.17, and for offenders confined pursuant 16 to section 904.513: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 775,092 18 k. For federal prison reimbursement, reimbursements for 19 out-of-state placements, and miscellaneous contracts: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 239,411 21 2. The department of corrections shall use moneys 22 appropriated in subsection 1 to continue to contract for the 23 services of a Muslim imam and Native American spiritual leader. 24 Sec. 4. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. 25 1. There is appropriated from the general fund of the state 26 to the department of corrections for the fiscal year beginning 27 July 1, 2011, and ending June 30, 2012, the following amounts, 28 or so much thereof as is necessary, to be used for the purposes 29 designated: 30 a. For general administration, including salaries, support, 31 maintenance, employment of an education director to administer 32 a centralized education program for the correctional system, 33 and miscellaneous purposes: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,835,542 35 -4- LSB 1005SB (3) 84 jm/jp 4/ 20

S.F. _____ (1) It is the intent of the general assembly that as a 1 condition of receiving the appropriation provided in this 2 lettered paragraph the department of corrections shall not, 3 except as otherwise provided in subparagraph (3), enter 4 into a new contract, unless the contract is a renewal of an 5 existing contract, for the expenditure of moneys in excess of 6 $100,000 during the fiscal year beginning July 1, 2011, for the 7 privatization of services performed by the department using 8 state employees as of July 1, 2011, or for the privatization 9 of new services by the department without prior consultation 10 with any applicable state employee organization affected 11 by the proposed new contract and prior notification of the 12 co-chairpersons and ranking members of the joint appropriations 13 subcommittee on the justice system. 14 (2) It is the intent of the general assembly that each 15 lease negotiated by the department of corrections with a 16 private corporation for the purpose of providing private 17 industry employment of inmates in a correctional institution 18 shall prohibit the private corporation from utilizing inmate 19 labor for partisan political purposes for any person seeking 20 election to public office in this state and that a violation 21 of this requirement shall result in a termination of the lease 22 agreement. 23 (3) It is the intent of the general assembly that as a 24 condition of receiving the appropriation provided in this 25 lettered paragraph the department of corrections shall not 26 enter into a lease or contractual agreement pursuant to section 27 904.809 with a private corporation for the use of building 28 space for the purpose of providing inmate employment without 29 providing that the terms of the lease or contract establish 30 safeguards to restrict, to the greatest extent feasible, access 31 by inmates working for the private corporation to personal 32 identifying information of citizens. 33 b. For educational programs for inmates at state penal 34 institutions: 35 -5- LSB 1005SB (3) 84 jm/jp 5/ 20

S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,383,109 1 (1) As a condition of receiving the appropriation in 2 this lettered paragraph, the department of corrections 3 shall transfer at least $300,000 from the canteen operating 4 funds established pursuant to section 904.310 to be used for 5 correctional educational programs funded in this lettered 6 paragraph. 7 (2) It is the intent of the general assembly that moneys 8 appropriated in this lettered paragraph shall be used solely 9 for the purpose indicated and that the moneys shall not be 10 transferred for any other purpose. In addition, it is the 11 intent of the general assembly that the department shall 12 consult with the community colleges in the areas in which the 13 institutions are located to utilize moneys appropriated in this 14 lettered paragraph to fund the high school completion, high 15 school equivalency diploma, adult literacy, and adult basic 16 education programs in a manner so as to maintain these programs 17 at the institutions. 18 (3) To maximize the funding for educational programs, 19 the department shall establish guidelines and procedures to 20 prioritize the availability of educational and vocational 21 training for inmates based upon the goal of facilitating an 22 inmate’s successful release from the correctional institution. 23 (4) The director of the department of corrections may 24 transfer moneys from Iowa prison industries for use in 25 educational programs for inmates. 26 (5) Notwithstanding section 8.33, moneys appropriated in 27 this lettered paragraph that remain unobligated or unexpended 28 at the close of the fiscal year shall not revert but shall 29 remain available for expenditure only for the purpose 30 designated in this lettered paragraph until the close of the 31 succeeding fiscal year. 32 c. For the development of the Iowa corrections offender 33 network (ICON) data system: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 424,364 35 -6- LSB 1005SB (3) 84 jm/jp 6/ 20

S.F. _____ d. For offender mental health and substance abuse 1 treatment: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,319 3 e. For viral hepatitis prevention and treatment: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 167,881 5 2. It is the intent of the general assembly that the 6 department of corrections shall continue to operate the 7 correctional farms under the control of the department at 8 the same or greater level of participation and involvement 9 as existed as of January 1, 2011; shall not enter into any 10 rental agreement or contract concerning any farmland under 11 the control of the department that is not subject to a rental 12 agreement or contract as of January 1, 2011, without prior 13 legislative approval; and shall further attempt to provide 14 job opportunities at the farms for inmates. The department 15 shall attempt to provide job opportunities at the farms for 16 inmates by encouraging labor-intensive farming or gardening 17 where appropriate; using inmates to grow produce and meat for 18 institutional consumption; researching the possibility of 19 instituting food canning and cook-and-chill operations; and 20 exploring opportunities for organic farming and gardening, 21 livestock ventures, horticulture, and specialized crops. 22 3. The department of corrections shall solicit requests for 23 information to improve efficiencies at the pharmacy under the 24 control of the department. 25 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 26 SERVICES. 27 1. There is appropriated from the general fund of the state 28 to the department of corrections for the fiscal year beginning 29 July 1, 2011, and ending June 30, 2012, for salaries, support, 30 maintenance, and miscellaneous purposes, the following amounts, 31 or so much thereof as is necessary, to be allocated as follows: 32 a. For the first judicial district department of 33 correctional services: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,890,258 35 -7- LSB 1005SB (3) 84 jm/jp 7/ 20

S.F. _____ b. For the second judicial district department of 1 correctional services: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,336,948 3 c. For the third judicial district department of 4 correctional services: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,599,765 6 d. For the fourth judicial district department of 7 correctional services: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,391,355 9 e. For the fifth judicial district department of 10 correctional services, including funding for electronic 11 monitoring devices for use on a statewide basis: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,742,129 13 f. For the sixth judicial district department of 14 correctional services: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,112,563 16 g. For the seventh judicial district department of 17 correctional services: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,259,155 19 h. For the eighth judicial district department of 20 correctional services: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,879,715 22 2. Each judicial district department of correctional 23 services, within the funding available, shall continue programs 24 and plans established within that district to provide for 25 intensive supervision, sex offender treatment, diversion of 26 low-risk offenders to the least restrictive sanction available, 27 job development, and expanded use of intermediate criminal 28 sanctions. 29 3. Each judicial district department of correctional 30 services shall provide alternatives to prison consistent with 31 chapter 901B. The alternatives to prison shall ensure public 32 safety while providing maximum rehabilitation to the offender. 33 A judicial district department of correctional services may 34 also establish a day program. 35 -8- LSB 1005SB (3) 84 jm/jp 8/ 20

S.F. _____ 4. The governor’s office of drug control policy shall 1 consider federal grants made to the department of corrections 2 for the benefit of each of the eight judicial district 3 departments of correctional services as local government 4 grants, as defined pursuant to federal regulations. 5 5. The department of corrections shall continue to contract 6 with a judicial district department of correctional services to 7 provide for the rental of electronic monitoring equipment which 8 shall be available statewide. 9 Sec. 6. DEPARTMENT OF CORRECTIONS —— REALLOCATION OF 10 APPROPRIATIONS. Notwithstanding section 8.39, within 11 the moneys appropriated in this Act to the department of 12 corrections, the department may reallocate the moneys 13 appropriated and allocated as necessary to best fulfill the 14 needs of the correctional institutions, administration of 15 the department, and the judicial district departments of 16 correctional services. However, in addition to complying with 17 the requirements of sections 904.116 and 905.8 and providing 18 notice to the legislative services agency, the department 19 of corrections shall also provide notice to the department 20 of management, prior to the effective date of the revision 21 or reallocation of an appropriation made pursuant to this 22 section. The department of corrections shall not reallocate an 23 appropriation or allocation for the purpose of eliminating any 24 program. 25 Sec. 7. INTENT —— REPORTS. 26 1. The department of corrections in cooperation with 27 townships, the Iowa cemetery associations, and other nonprofit 28 or governmental entities may use inmate labor during the 29 fiscal year beginning July 1, 2011, to restore or preserve 30 rural cemeteries and historical landmarks. The department in 31 cooperation with the counties may also use inmate labor to 32 clean up roads, major water sources, and other water sources 33 around the state. 34 2. On a quarterly basis the department shall provide a 35 -9- LSB 1005SB (3) 84 jm/jp 9/ 20

S.F. _____ status report regarding private-sector employment to the 1 legislative services agency beginning on July 1, 2011. The 2 report shall include the number of offenders employed in the 3 private sector, the combined number of hours worked by the 4 offenders, the total amount of allowances, and the distribution 5 of allowances pursuant to section 904.702, including any moneys 6 deposited in the general fund of the state. 7 Sec. 8. ELECTRONIC MONITORING REPORT. The department of 8 corrections shall submit a report on electronic monitoring to 9 the general assembly, to the co-chairpersons and the ranking 10 members of the joint appropriations subcommittee on the justice 11 system, and to the legislative services agency by January 12 15, 2012. The report shall specifically address the number 13 of persons being electronically monitored and break down the 14 number of persons being electronically monitored by offense 15 committed. The report shall also include a comparison of any 16 data from the prior fiscal year with the current year. 17 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 18 1. As used in this section, unless the context otherwise 19 requires, “state agency” means the government of the state 20 of Iowa, including but not limited to all executive branch 21 departments, agencies, boards, bureaus, and commissions, the 22 judicial branch, the general assembly and all legislative 23 agencies, institutions within the purview of the state board of 24 regents, and any corporation whose primary function is to act 25 as an instrumentality of the state. 26 2. State agencies are hereby encouraged to purchase 27 products from Iowa state industries, as defined in section 28 904.802, when purchases are required and the products are 29 available from Iowa state industries. State agencies shall 30 obtain bids from Iowa state industries for purchases of 31 office furniture during the fiscal year beginning July 1, 32 2011, exceeding $5,000 or in accordance with applicable 33 administrative rules related to purchases for the agency. 34 Sec. 10. STATE PUBLIC DEFENDER. There is appropriated from 35 -10- LSB 1005SB (3) 84 jm/jp 10/ 20

S.F. _____ the general fund of the state to the office of the state public 1 defender of the department of inspections and appeals for the 2 fiscal year beginning July 1, 2011, and ending June 30, 2012, 3 the following amounts, or so much thereof as is necessary, to 4 be allocated as follows for the purposes designated: 5 1. For salaries, support, maintenance, miscellaneous 6 purposes, and for not more than the following full-time 7 equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,083,182 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 219.00 10 2. For the fees of court-appointed attorneys for indigent 11 adults and juveniles, in accordance with section 232.141 and 12 chapter 815: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,680,929 14 Sec. 11. IOWA LAW ENFORCEMENT ACADEMY. 15 1. There is appropriated from the general fund of the 16 state to the Iowa law enforcement academy for the fiscal year 17 beginning July 1, 2011, and ending June 30, 2012, the following 18 amount, or so much thereof as is necessary, to be used for the 19 purposes designated: 20 For salaries, support, maintenance, miscellaneous purposes, 21 including jailer training and technical assistance, and for not 22 more than the following full-time equivalent positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 868,698 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 24.55 25 It is the intent of the general assembly that the Iowa law 26 enforcement academy may provide training of state and local 27 law enforcement personnel concerning the recognition of and 28 response to persons with Alzheimer’s disease. 29 The Iowa law enforcement academy may temporarily exceed and 30 draw more than the amount appropriated in this subsection and 31 incur a negative cash balance as long as there are receivables 32 equal to or greater than the negative balance and the amount 33 appropriated in this subsection is not exceeded at the close 34 of the fiscal year. 35 -11- LSB 1005SB (3) 84 jm/jp 11/ 20

S.F. _____ 2. The Iowa law enforcement academy may select at least 1 five automobiles of the department of public safety, division 2 of state patrol, prior to turning over the automobiles to 3 the department of administrative services to be disposed 4 of by public auction, and the Iowa law enforcement academy 5 may exchange any automobile owned by the academy for each 6 automobile selected if the selected automobile is used in 7 training law enforcement officers at the academy. However, any 8 automobile exchanged by the academy shall be substituted for 9 the selected vehicle of the department of public safety and 10 sold by public auction with the receipts being deposited in the 11 depreciation fund to the credit of the department of public 12 safety, division of state patrol. 13 Sec. 12. BOARD OF PAROLE. There is appropriated from the 14 general fund of the state to the board of parole for the fiscal 15 year beginning July 1, 2011, and ending June 30, 2012, the 16 following amount, or so much thereof as is necessary, to be 17 used for the purposes designated: 18 For salaries, support, maintenance, miscellaneous purposes, 19 and for not more than the following full-time equivalent 20 positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,053,835 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.50 23 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE. There is 24 appropriated from the general fund of the state to the 25 department of public defense for the fiscal year beginning July 26 1, 2011, and ending June 30, 2012, the following amounts, or 27 so much thereof as is necessary, to be used for the purposes 28 designated: 29 1. MILITARY DIVISION 30 For salaries, support, maintenance, miscellaneous purposes, 31 and for not more than the following full-time equivalent 32 positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,527,042 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 313.00 35 -12- LSB 1005SB (3) 84 jm/jp 12/ 20

S.F. _____ The military division may temporarily exceed and draw more 1 than the amount appropriated in this subsection and incur a 2 negative cash balance as long as there are receivables of 3 federal funds equal to or greater than the negative balance and 4 the amount appropriated in this subsection is not exceeded at 5 the close of the fiscal year. 6 2. HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION 7 For salaries, support, maintenance, miscellaneous purposes, 8 and for not more than the following full-time equivalent 9 positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,836,877 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 40.00 12 a. The homeland security and emergency management 13 division may temporarily exceed and draw more than the amount 14 appropriated in this subsection and incur a negative cash 15 balance as long as there are receivables of federal funds 16 equal to or greater than the negative balance and the amount 17 appropriated in this subsection is not exceeded at the close 18 of the fiscal year. 19 b. It is the intent of the general assembly that the 20 homeland security and emergency management division work in 21 conjunction with the department of public safety, to the extent 22 possible, when gathering and analyzing information related 23 to potential domestic or foreign security threats, and when 24 monitoring such threats. 25 Sec. 14. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 26 from the general fund of the state to the department of public 27 safety for the fiscal year beginning July 1, 2011, and ending 28 June 30, 2012, the following amounts, or so much thereof as is 29 necessary, to be used for the purposes designated: 30 1. For the department’s administrative functions, including 31 the criminal justice information system, and for not more than 32 the following full-time equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,007,075 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 36.00 35 -13- LSB 1005SB (3) 84 jm/jp 13/ 20

S.F. _____ 2. For the division of criminal investigation, including 1 the state’s contribution to the peace officers’ retirement, 2 accident, and disability system provided in chapter 97A in the 3 amount of the state’s normal contribution rate, as defined in 4 section 97A.8, multiplied by the salaries for which the funds 5 are appropriated, to meet federal fund matching requirements, 6 and for not more than the following full-time equivalent 7 positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,533,931 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 159.10 10 The department shall employ one additional special agent and 11 one additional criminalist for the purpose of investigating 12 cold cases. Prior to employing the additional special agent 13 and criminalist authorized in this paragraph, the department 14 shall provide a written statement to prospective employees that 15 states to the effect that the positions are being funded by a 16 temporary federal grant and there are no assurances that funds 17 from other sources will be available after the federal funding 18 expires. If the federal funding for the additional positions 19 expires during the fiscal year, the number of full-time 20 equivalent positions authorized in this subsection is reduced 21 by 2.00 FTEs. 22 3. For the criminalistics laboratory fund created in 23 section 691.9: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 302,345 25 4. a. For the division of narcotics enforcement, including 26 the state’s contribution to the peace officers’ retirement, 27 accident, and disability system provided in chapter 97A in the 28 amount of the state’s normal contribution rate, as defined in 29 section 97A.8, multiplied by the salaries for which the funds 30 are appropriated, to meet federal fund matching requirements, 31 and for not more than the following full-time equivalent 32 positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,429,884 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 74.00 35 -14- LSB 1005SB (3) 84 jm/jp 14/ 20

S.F. _____ b. For the division of narcotics enforcement for undercover 1 purchases: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 109,042 3 5. For the division of state fire marshal, for fire 4 protection services as provided through the state fire service 5 and emergency response council as created in the department, 6 and for the state’s contribution to the peace officers’ 7 retirement, accident, and disability system provided in chapter 8 97A in the amount of the state’s normal contribution rate, as 9 defined in section 97A.8, multiplied by the salaries for which 10 the funds are appropriated, and for not more than the following 11 full-time equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,298,707 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 55.00 14 6. For the division of state patrol, for salaries, support, 15 maintenance, workers’ compensation costs, and miscellaneous 16 purposes, including the state’s contribution to the peace 17 officers’ retirement, accident, and disability system provided 18 in chapter 97A in the amount of the state’s normal contribution 19 rate, as defined in section 97A.8, multiplied by the salaries 20 for which the funds are appropriated, and for not more than the 21 following full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 52,026,698 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 513.00 24 It is the intent of the general assembly that members of the 25 state patrol be assigned to patrol the highways and roads in 26 lieu of assignments for inspecting school buses for the school 27 districts. 28 7. For deposit in the sick leave benefits fund established 29 under section 80.42 for all departmental employees eligible to 30 receive benefits for accrued sick leave under the collective 31 bargaining agreement: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 279,517 33 8. For costs associated with the training and equipment 34 needs of volunteer fire fighters: 35 -15- LSB 1005SB (3) 84 jm/jp 15/ 20