Senate Study Bill 3143 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR’S BUDGET BILL) A BILL FOR An Act relating to appropriations to the justice system. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5108XG (8) 84 jm/tm
S.F. _____ H.F. _____ Section 1. 2011 Iowa Acts, chapter 134, section 30, is 1 amended to read as follows: 2 SEC. 30. DEPARTMENT OF JUSTICE. 3 1. There is appropriated from the general fund of the state 4 to the department of justice for the fiscal year beginning July 5 1, 2012, and ending June 30, 2013, the following amounts, or 6 so much thereof as is necessary, to be used for the purposes 7 designated: 8 a. For the general office of attorney general for salaries, 9 support, maintenance, and miscellaneous purposes, including 10 the prosecuting attorneys training program, matching funds 11 for federal violence against women grant programs, victim 12 assistance grants, office of drug control policy prosecuting 13 attorney program, and odometer fraud enforcement, and for not 14 more than the following full-time equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,896,465 16 7,792,930 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 212.00 18 It is the intent of the general assembly that as a condition 19 of receiving the appropriation provided in this lettered 20 paragraph, the department of justice shall maintain a record 21 of the estimated time incurred representing each agency or 22 department. 23 b. For victim assistance grants: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,438,200 25 2,876,400 26 The funds appropriated in this lettered paragraph shall be 27 used to provide grants to care providers providing services to 28 crime victims of domestic abuse or to crime victims of rape and 29 sexual assault. 30 The balance of the victim compensation fund established in 31 section 915.94 may be used to provide salary and support of not 32 more than 24 FTEs and to provide maintenance for the victim 33 compensation functions of the department of justice. 34 The department of justice shall transfer at least $150,000 35 -1- LSB 5108XG (8) 84 jm/tm 1/ 19
S.F. _____ H.F. _____ from the victim compensation fund established in section 915.94 1 to the victim assistance grant program. 2 c. For legal services for persons in poverty grants as 3 provided in section 13.34: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 907,416 5 1,814,831 6 2. a. The department of justice, in submitting budget 7 estimates for the fiscal year commencing July 1, 2013, pursuant 8 to section 8.23, shall include a report of funding from sources 9 other than amounts appropriated directly from the general fund 10 of the state to the department of justice or to the office of 11 consumer advocate. These funding sources shall include but 12 are not limited to reimbursements from other state agencies, 13 commissions, boards, or similar entities, and reimbursements 14 from special funds or internal accounts within the department 15 of justice. The department of justice shall also report actual 16 reimbursements for the fiscal year commencing July 1, 2011, 17 and actual and expected reimbursements for the fiscal year 18 commencing July 1, 2012. 19 b. The department of justice shall include the report 20 required under paragraph “a”, as well as information regarding 21 any revisions occurring as a result of reimbursements actually 22 received or expected at a later date, in a report to the 23 co-chairpersons and ranking members of the joint appropriations 24 subcommittee on the justice system and the legislative services 25 agency. The department of justice shall submit the report on 26 or before January 15, 2013. 27 Sec. 2. 2011 Iowa Acts, chapter 134, section 31, is amended 28 to read as follows: 29 SEC. 31. OFFICE OF CONSUMER ADVOCATE. There is appropriated 30 from the department of commerce revolving fund created in 31 section 546.12 to the office of consumer advocate of the 32 department of justice for the fiscal year beginning July 1, 33 2012, and ending June 30, 2013, the following amount, or so 34 much thereof as is necessary, to be used for the purposes 35 -2- LSB 5108XG (8) 84 jm/tm 2/ 19
S.F. _____ H.F. _____ designated: 1 For salaries, support, maintenance, miscellaneous purposes, 2 and for not more than the following full-time equivalent 3 positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,568,082 5 3,136,163 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 7 Sec. 3. 2011 Iowa Acts, chapter 134, section 32, is amended 8 to read as follows: 9 SEC. 32. DEPARTMENT OF CORRECTIONS —— FACILITIES. 10 1. There is appropriated from the general fund of the 11 state to the department of corrections for the fiscal year 12 beginning July 1, 2012, and ending June 30, 2013, the following 13 amounts, or so much thereof as is necessary, to be used for the 14 operation of adult correctional institutions, reimbursement 15 of counties for certain confinement costs, and federal prison 16 reimbursement, to be allocated as follows: 17 a. For the operation of the Fort Madison correctional 18 facility, including salaries, support, maintenance, and 19 miscellaneous purposes: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,515,641 21 42,686,899 22 b. For the operation of the Anamosa correctional facility, 23 including salaries, support, maintenance, and miscellaneous 24 purposes: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,992,987 26 32,760,186 27 c. For the operation of the Oakdale correctional facility, 28 including salaries, support, maintenance, and miscellaneous 29 purposes: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,797,213 31 57,950,613 32 d. For the operation of the Newton correctional facility, 33 including salaries, support, maintenance, and miscellaneous 34 purposes: 35 -3- LSB 5108XG (8) 84 jm/tm 3/ 19
S.F. _____ H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,979,379 1 27,127,290 2 e. For the operation of the Mt. Pleasant correctional 3 facility, including salaries, support, maintenance, and 4 miscellaneous purposes: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,958,908 6 26,751,707 7 f. For the operation of the Rockwell City correctional 8 facility, including salaries, support, maintenance, and 9 miscellaneous purposes: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,658,233 11 9,584,151 12 g. For the operation of the Clarinda correctional facility, 13 including salaries, support, maintenance, and miscellaneous 14 purposes: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,241,178 16 25,054,229 17 Moneys received by the department of corrections as 18 reimbursement for services provided to the Clarinda youth 19 corporation are appropriated to the department and shall be 20 used for the purpose of operating the Clarinda correctional 21 facility. 22 h. For the operation of the Mitchellville correctional 23 facility, including salaries, support, maintenance, and 24 miscellaneous purposes: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,807,687 26 16,124,759 27 i. For the operation of the Fort Dodge correctional 28 facility, including salaries, support, maintenance, and 29 miscellaneous purposes: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,531,118 31 29,668,270 32 j. For reimbursement of counties for temporary confinement 33 of work release and parole violators, as provided in sections 34 901.7, 904.908, and 906.17, and for offenders confined pursuant 35 -4- LSB 5108XG (8) 84 jm/tm 4/ 19
S.F. _____ H.F. _____ to section 904.513: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 387,546 2 1,075,092 3 k. For federal prison reimbursement, reimbursements for 4 out-of-state placements, and miscellaneous contracts: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 119,706 6 484,411 7 l. For three correctional officer full-time equivalent 8 positions that are to be assigned to a correctional institution 9 by the director of the department of corrections: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 78,581 11 2. The department of corrections shall use moneys 12 appropriated in subsection 1 to continue to contract for the 13 services of a Muslim imam and a Native American spiritual 14 leader. 15 Sec. 4. 2011 Iowa Acts, chapter 134, section 33, subsection 16 1, unnumbered paragraph 1, is amended to read as follows: 17 For general administration, including salaries, support, 18 maintenance, employment of an education director to administer 19 a centralized education program for the correctional system, 20 and miscellaneous purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,417,771 22 5,327,854 23 Sec. 5. 2011 Iowa Acts, chapter 134, section 33, subsection 24 2, unnumbered paragraph 1, is amended to read as follows: 25 For educational programs for inmates at state penal 26 institutions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,154,055 28 2,308,109 29 Sec. 6. 2011 Iowa Acts, chapter 134, section 33, subsections 30 3 through 7, are amended to read as follows: 31 3. For the development of the Iowa corrections offender 32 network (ICON) data system: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 212,182 34 424,364 35 -5- LSB 5108XG (8) 84 jm/tm 5/ 19
S.F. _____ H.F. _____ 4. For offender mental health and substance abuse 1 treatment: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,160 3 22,319 4 5. For viral hepatitis prevention and treatment: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 83,941 6 167,881 7 6. It is the intent of the general assembly that for 8 the fiscal year addressed by this section the department of 9 corrections shall continue to operate the correctional farms 10 under the control of the department at the same or greater 11 level of participation and involvement as existed as of January 12 1, 2011; shall not enter into any rental agreement or contract 13 concerning any farmland under the control of the department 14 that is not subject to a rental agreement or contract as of 15 January 1, 2011, without prior legislative approval; and 16 shall further attempt to provide job opportunities at the 17 farms for inmates. The department shall attempt to provide 18 job opportunities at the farms for inmates by encouraging 19 labor-intensive farming or gardening where appropriate; using 20 inmates to grow produce and meat for institutional consumption; 21 researching the possibility of instituting food canning 22 and cook-and-chill operations; and exploring opportunities 23 for organic farming and gardening, livestock ventures, 24 horticulture, and specialized crops. 25 7. The department of corrections shall solicit requests for 26 information to improve efficiencies at the pharmacy under the 27 control of the department. 28 Sec. 7. 2011 Iowa Acts, chapter 134, section 34, subsections 29 1 through 5, are amended to read as follows: 30 1. There is appropriated from the general fund of the state 31 to the department of corrections for the fiscal year beginning 32 July 1, 2012, and ending June 30, 2013, for salaries, support, 33 maintenance, and miscellaneous purposes, the following amounts, 34 or so much thereof as is necessary, to be allocated as follows: 35 -6- LSB 5108XG (8) 84 jm/tm 6/ 19
S.F. _____ H.F. _____ a. For the first judicial district department of 1 correctional services: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,102,474 3 12,958,763 4 b. For the second judicial district department of 5 correctional services: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,168,474 7 10,739,572 8 c. For the third judicial district department of 9 correctional services: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,799,883 11 6,238,455 12 d. For the fourth judicial district department of 13 correctional services: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,695,678 15 5,469,811 16 e. For the fifth judicial district department of 17 correctional services, including funding for electronic 18 monitoring devices for use on a statewide basis: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,371,065 20 19,220,091 21 f. For the sixth judicial district department of 22 correctional services: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,556,282 24 14,095,408 25 g. For the seventh judicial district department of 26 correctional services: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,246,407 28 6,895,634 29 h. For the eighth judicial district department of 30 correctional services: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,439,858 32 7,518,935 33 2. Each judicial district department of correctional 34 services, within the funding available, shall continue programs 35 -7- LSB 5108XG (8) 84 jm/tm 7/ 19
S.F. _____ H.F. _____ and plans established within that district to provide for 1 intensive supervision, sex offender treatment, diversion of 2 low-risk offenders to the least restrictive sanction available, 3 job development, and expanded use of intermediate criminal 4 sanctions. 5 3. Each judicial district department of correctional 6 services shall provide alternatives to prison consistent with 7 chapter 901B. The alternatives to prison shall ensure public 8 safety while providing maximum rehabilitation to the offender. 9 A judicial district department of correctional services may 10 also establish a day program. 11 4. The governor’s office of drug control policy or any 12 succeeding entity of the governor’s office of drug control 13 policy shall consider federal grants made to the department 14 of corrections for the benefit of each of the eight judicial 15 district departments of correctional services as local 16 government grants, as defined pursuant to federal regulations. 17 5. The department of corrections shall continue to contract 18 with a judicial district department of correctional services to 19 provide for the rental of electronic monitoring equipment which 20 shall be available statewide. 21 Sec. 8. 2011 Iowa Acts, chapter 134, section 39, is amended 22 to read as follows: 23 SEC. 39. IOWA LAW ENFORCEMENT ACADEMY. 24 1. There is appropriated from the general fund of the 25 state to the Iowa law enforcement academy for the fiscal year 26 beginning July 1, 2012, and ending June 30, 2013, the following 27 amount, or so much thereof as is necessary, to be used for the 28 purposes designated: 29 For salaries, support, maintenance, miscellaneous purposes, 30 including jailer training and technical assistance, and for not 31 more than the following full-time equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 434,349 33 968,698 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 24.55 35 -8- LSB 5108XG (8) 84 jm/tm 8/ 19
S.F. _____ H.F. _____ 25.50 1 It is the intent of the general assembly that the Iowa law 2 enforcement academy may provide training of state and local 3 law enforcement personnel concerning the recognition of and 4 response to persons with Alzheimer’s disease. 5 The Iowa law enforcement academy may temporarily exceed and 6 draw more than the amount appropriated in this subsection and 7 incur a negative cash balance as long as there are receivables 8 equal to or greater than the negative balance and the amount 9 appropriated in this subsection is not exceeded at the close 10 of the fiscal year. 11 2. The Iowa law enforcement academy may select at least 12 five automobiles of the department of public safety, division 13 of state patrol, prior to turning over the automobiles to 14 the department of administrative services to be disposed 15 of by public auction, and the Iowa law enforcement academy 16 may exchange any automobile owned by the academy for each 17 automobile selected if the selected automobile is used in 18 training law enforcement officers at the academy. However, any 19 automobile exchanged by the academy shall be substituted for 20 the selected vehicle of the department of public safety and 21 sold by public auction with the receipts being deposited in the 22 depreciation fund to the credit of the department of public 23 safety, division of state patrol. 24 Sec. 9. 2011 Iowa Acts, chapter 134, section 40, is amended 25 to read as follows: 26 SEC. 40. STATE PUBLIC DEFENDER. There is appropriated from 27 the general fund of the state to the office of the state public 28 defender of the department of inspections and appeals for the 29 fiscal year beginning July 1, 2012, and ending June 30, 2013, 30 the following amounts, or so much thereof as is necessary, to 31 be allocated as follows for the purposes designated: 32 1. For salaries, support, maintenance, miscellaneous 33 purposes, and for not more than the following full-time 34 equivalent positions: 35 -9- LSB 5108XG (8) 84 jm/tm 9/ 19
S.F. _____ H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,541,591 1 25,862,182 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 219.00 3 2. For the fees of court-appointed attorneys for indigent 4 adults and juveniles, in accordance with section 232.141 and 5 chapter 815: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,340,464 7 29,901,929 8 Sec. 10. 2011 Iowa Acts, chapter 134, section 41, is amended 9 to read as follows: 10 SEC. 41. BOARD OF PAROLE. There is appropriated from the 11 general fund of the state to the board of parole for the fiscal 12 year beginning July 1, 2012, and ending June 30, 2013, the 13 following amount, or so much thereof as is necessary, to be 14 used for the purposes designated: 15 For salaries, support, maintenance, miscellaneous purposes, 16 and for not more than the following full-time equivalent 17 positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 526,918 19 1,203,835 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.50 21 12.00 22 Sec. 11. 2011 Iowa Acts, chapter 134, section 42, is amended 23 to read as follows: 24 SEC. 42. DEPARTMENT OF PUBLIC DEFENSE. There is 25 appropriated from the general fund of the state to the 26 department of public defense for the fiscal year beginning July 27 1, 2012, and ending June 30, 2013, the following amounts, or 28 so much thereof as is necessary, to be used for the purposes 29 designated: 30 1. MILITARY DIVISION 31 For salaries, support, maintenance, miscellaneous purposes, 32 and for not more than the following full-time equivalent 33 positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,763,521 35 -10- LSB 5108XG (8) 84 jm/tm 10/ 19
S.F. _____ H.F. _____ 5,675,042 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 313.00 2 The military division may temporarily exceed and draw more 3 than the amount appropriated in this subsection and incur a 4 negative cash balance as long as there are receivables of 5 federal funds equal to or greater than the negative balance and 6 the amount appropriated in this subsection is not exceeded at 7 the close of the fiscal year. 8 2. HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION 9 For salaries, support, maintenance, miscellaneous purposes, 10 and for not more than the following full-time equivalent 11 positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 918,439 13 1,836,877 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 40.00 15 a. The homeland security and emergency management 16 division may temporarily exceed and draw more than the amount 17 appropriated in this subsection and incur a negative cash 18 balance as long as there are receivables of federal funds 19 equal to or greater than the negative balance and the amount 20 appropriated in this subsection is not exceeded at the close 21 of the fiscal year. 22 b. It is the intent of the general assembly that the 23 homeland security and emergency management division work in 24 conjunction with the department of public safety, to the extent 25 possible, when gathering and analyzing information related 26 to potential domestic or foreign security threats, and when 27 monitoring such threats. 28 Sec. 12. 2011 Iowa Acts, chapter 134, section 43, is amended 29 to read as follows: 30 SEC. 43. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 31 from the general fund of the state to the department of public 32 safety for the fiscal year beginning July 1, 2012, and ending 33 June 30, 2013, the following amounts, or so much thereof as is 34 necessary, to be used for the purposes designated: 35 -11- LSB 5108XG (8) 84 jm/tm 11/ 19
S.F. _____ H.F. _____ 1. For the department’s administrative functions, including 1 the criminal justice information system, and for not more than 2 the following full-time equivalent positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,003,538 4 4,007,075 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 36.00 6 2. For the division of criminal investigation, including 7 the state’s contribution to the peace officers’ retirement, 8 accident, and disability system provided in chapter 97A in the 9 amount of the state’s normal contribution rate, as defined in 10 section 97A.8, multiplied by the salaries for which the funds 11 are appropriated, to meet federal fund matching requirements, 12 and for not more than the following full-time equivalent 13 positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,266,966 15 12,533,931 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 159.10 17 154.60 18 The department shall employ one additional special agent and 19 one additional criminalist for the purpose of investigating 20 cold cases. Prior to employing the additional special agent 21 and criminalist authorized in this paragraph, the department 22 shall provide a written statement to prospective employees that 23 states to the effect that the positions are being funded by a 24 temporary federal grant and there are no assurances that funds 25 from other sources will be available after the federal funding 26 expires. If the federal funding for the additional positions 27 expires during the fiscal year, the number of full-time 28 equivalent positions authorized in this subsection is reduced 29 by 2.00 FTEs. 30 3. For the criminalistics laboratory fund created in 31 section 691.9: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 151,173 33 302,345 34 4. a. For the division of narcotics enforcement, including 35 -12- LSB 5108XG (8) 84 jm/tm 12/ 19
S.F. _____ H.F. _____ the state’s contribution to the peace officers’ retirement, 1 accident, and disability system provided in chapter 97A in the 2 amount of the state’s normal contribution rate, as defined in 3 section 97A.8, multiplied by the salaries for which the funds 4 are appropriated, to meet federal fund matching requirements, 5 and for not more than the following full-time equivalent 6 positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,214,942 8 6,429,884 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 74.00 10 68.00 11 b. For the division of narcotics enforcement for undercover 12 purchases: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 54,521 14 109,042 15 5. For the division of state fire marshal, for fire 16 protection services as provided through the state fire service 17 and emergency response council as created in the department, 18 and for the state’s contribution to the peace officers’ 19 retirement, accident, and disability system provided in chapter 20 97A in the amount of the state’s normal contribution rate, as 21 defined in section 97A.8, multiplied by the salaries for which 22 the funds are appropriated, and for not more than the following 23 full-time equivalent positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,149,354 25 4,298,707 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 55.00 27 54.00 28 6. For the division of state patrol, for salaries, support, 29 maintenance, workers’ compensation costs, and miscellaneous 30 purposes, including the state’s contribution to the peace 31 officers’ retirement, accident, and disability system provided 32 in chapter 97A in the amount of the state’s normal contribution 33 rate, as defined in section 97A.8, multiplied by the salaries 34 for which the funds are appropriated, and for not more than the 35 -13- LSB 5108XG (8) 84 jm/tm 13/ 19
S.F. _____ H.F. _____ following full-time equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,951,617 2 51,903,233 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 513.00 4 498.00 5 It is the intent of the general assembly that members of the 6 state patrol be assigned to patrol the highways and roads in 7 lieu of assignments for inspecting school buses for the school 8 districts. 9 7. For deposit in the sick leave benefits fund established 10 under section 80.42 for all departmental employees eligible to 11 receive benefits for accrued sick leave under the collective 12 bargaining agreement: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 139,759 14 279,517 15 8. For costs associated with the training and equipment 16 needs of volunteer fire fighters: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 362,760 18 725,520 19 a. Notwithstanding section 8.33, moneys appropriated in 20 this subsection that remain unencumbered or unobligated at the 21 close of the fiscal year shall not revert but shall remain 22 available for expenditure only for the purpose designated in 23 this subsection until the close of the succeeding fiscal year. 24 b. Notwithstanding section 8.39, within the moneys 25 appropriated in this section, the department of public safety 26 may reallocate moneys as necessary to best fulfill the needs 27 provided for in the appropriation. However, the department 28 shall not reallocate an appropriation made to the department 29 in this section unless notice of the reallocation is given 30 to the legislative services agency and the department of 31 management prior to the effective date of the reallocation. 32 The notice shall include information regarding the rationale 33 for reallocating the appropriation. The department shall 34 not reallocate an appropriation made in this section for the 35 -14- LSB 5108XG (8) 84 jm/tm 14/ 19
S.F. _____ H.F. _____ purpose of eliminating any program. 1 Sec. 13. 2011 Iowa Acts, chapter 134, section 44, is amended 2 to read as follows: 3 SEC. 44. GAMING ENFORCEMENT. 4 1. There is appropriated from the gaming enforcement 5 revolving fund created in section 80.43 to the department of 6 public safety for the fiscal year beginning July 1, 2012, and 7 ending June 30, 2013, the following amount, or so much thereof 8 as is necessary, to be used for the purposes designated: 9 For any direct and indirect support costs for agents 10 and officers of the division of criminal investigation’s 11 excursion gambling boat, gambling structure, and racetrack 12 enclosure enforcement activities, including salaries, support, 13 maintenance, miscellaneous purposes, and for not more than the 14 following full-time equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,918,153 16 10,335,709 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 120.00 18 115.00 19 2. For each additional license to conduct gambling games on 20 an excursion gambling boat, gambling structure, or racetrack 21 enclosure issued during the fiscal year beginning July 1, 2012, 22 there is appropriated from the gaming enforcement fund to the 23 department of public safety for the fiscal year beginning July 24 1, 2012, and ending June 30, 2013, an additional amount of not 25 more than $521,000 to be used for not more than 6.00 additional 26 full-time equivalent positions. 27 3. The department of public safety, with the approval 28 of the department of management, may employ no more than two 29 special agents and four gaming enforcement officers for each 30 additional riverboat or gambling structure regulated after July 31 1, 2012, and one special agent for each racing facility which 32 becomes operational during the fiscal year which begins July 1, 33 2012. One additional gaming enforcement officer, up to a total 34 of four per riverboat or gambling structure, may be employed 35 -15- LSB 5108XG (8) 84 jm/tm 15/ 19
S.F. _____ H.F. _____ for each riverboat or gambling structure that has extended 1 operations to 24 hours and has not previously operated with a 2 24-hour schedule. Positions authorized in this subsection are 3 in addition to the full-time equivalent positions otherwise 4 authorized in this section. 5 Sec. 14. 2011 Iowa Acts, chapter 134, section 45, is amended 6 to read as follows: 7 SEC. 45. CIVIL RIGHTS COMMISSION. There is appropriated 8 from the general fund of the state to the Iowa state civil 9 rights commission for the fiscal year beginning July 1, 10 2012, and ending June 30, 2013, the following amount, or so 11 much thereof as is necessary, to be used for the purposes 12 designated: 13 For salaries, support, maintenance, miscellaneous purposes, 14 and for not more than the following full-time equivalent 15 positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 648,535 17 1,297,069 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.00 19 The Iowa state civil rights commission may enter into 20 a contract with a nonprofit organization to provide legal 21 assistance to resolve civil rights complaints. 22 Sec. 15. 2011 Iowa Acts, chapter 134, section 46, is amended 23 to read as follows: 24 SEC. 46. HOMELAND SECURITY AND EMERGENCY MANAGEMENT 25 DIVISION. There is appropriated from the wireless E911 26 emergency communications fund created in section 34A.7A to 27 the administrator of the homeland security and emergency 28 management division of the department of public defense for 29 the fiscal year beginning July 1, 2012, and ending June 30, 30 2013, an amount not exceeding $200,000 $250,000 to be used for 31 implementation, support, and maintenance of the functions of 32 the administrator and program manager under chapter 34A and to 33 employ the auditor of the state to perform an annual audit of 34 the wireless E911 emergency communications fund. 35 -16- LSB 5108XG (8) 84 jm/tm 16/ 19
S.F. _____ H.F. _____ Sec. 16. Section 80.43, subsection 1, Code 2011, is amended 1 to read as follows: 2 1. A gaming enforcement revolving fund is created in the 3 state treasury under the control of the department. The fund 4 shall consist of fees collected and deposited into the fund 5 paid by licensees pursuant to section 99D.14, subsection 2 , 6 paragraph “b” , and fees paid by licensees pursuant to section 7 99F.10, subsection 4 , paragraph “b” . All costs for agents and 8 officers plus any direct and indirect support costs for such 9 agents and officers of the division of criminal investigation’s 10 racetrack, excursion boat, or gambling structure enforcement 11 activities shall be paid from the fund as provided in 12 appropriations made for this purpose by the general assembly. 13 Sec. 17. Section 99D.14, subsection 2, paragraph b, Code 14 Supplement 2011, is amended to read as follows: 15 b. Notwithstanding sections 8.60 and 99D.17 , the portion of 16 the fee paid pursuant to paragraph “a” relating to the costs 17 of special agents plus any direct and indirect support costs 18 for the agents, for the division of criminal investigation’s 19 racetrack activities, shall not be deposited in the general 20 fund of the state but instead shall be deposited into the 21 gaming enforcement revolving fund established in section 80.43 . 22 However, the department of public safety shall transfer, on an 23 annual basis, the portion of the regulatory fee attributable to 24 the indirect support costs of the special agents to the general 25 fund of the state. 26 Sec. 18. Section 99F.10, subsection 4, paragraph b, Code 27 Supplement 2011, is amended to read as follows: 28 b. Notwithstanding sections 8.60 and 99F.4 , the portion of 29 the fee paid pursuant to paragraph “a” relating to the costs 30 of special agents and officers plus any direct and indirect 31 support costs for the agents and officers, for the division of 32 criminal investigation’s excursion gambling boat or gambling 33 structure activities, shall not be deposited in the general 34 fund of the state but instead shall be deposited into the 35 -17- LSB 5108XG (8) 84 jm/tm 17/ 19
S.F. _____ H.F. _____ gaming enforcement revolving fund established in section 80.43 . 1 However, the department of public safety shall transfer, on an 2 annual basis, the portion of the regulatory fee attributable 3 to the indirect support costs of the special agents and gaming 4 enforcement officers to the general fund of the state. 5 EXPLANATION 6 This bill relates to appropriations to the justice system. 7 The bill relates to appropriations from the general fund 8 of the state for fiscal year 2012-2013 to the departments 9 of justice, corrections, public defense, and public safety, 10 and the Iowa law enforcement academy, office of the state 11 public defender, board of parole, and Iowa state civil rights 12 commission. 13 The bill relates to appropriations from the department of 14 commerce revolving fund to the office of consumer advocate of 15 the department of justice. 16 The bill relates to appropriations from the gaming 17 enforcement revolving fund to the department of public safety. 18 The division also authorizes FTEs related to gaming enforcement 19 in the fund. 20 The amendment to Code section 80.43(1) strikes a provision 21 requiring indirect support costs for special agents and gaming 22 enforcement officers be paid from the gaming enforcement fund 23 established in Code section 80.43. 24 The amendments to Code sections 99D.14 and 99F.10 specify 25 that the regulatory fee paid by the gaming industry for 26 the indirect support costs for special agents and gaming 27 enforcement officers shall first be deposited into the gaming 28 enforcement revolving fund established in Code section 80.43 29 and then transferred by the department of public safety, on 30 an annual basis, from the gaming enforcement revolving fund 31 to the general fund of the state. Current law specifies that 32 the portion of the regulatory fee paid by the gaming industry 33 relating to the indirect support costs of special agents and 34 gaming enforcement officers be deposited into the gaming 35 -18- LSB 5108XG (8) 84 jm/tm 18/ 19
S.F. _____ H.F. _____ enforcement revolving fund but does not require the transfer to 1 the general fund of the state. 2 Under current law and the bill, the remaining portion of 3 the regulatory fee related to the costs of special agents and 4 officers plus any direct support costs are deposited into the 5 gaming enforcement revolving fund. 6 -19- LSB 5108XG (8) 84 jm/tm 19/ 19