House Study Bill 677 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY HOUSE APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM) A BILL FOR An Act relating to appropriations to the justice system and 1 including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5007HB (2) 85 jm/jp
H.F. _____ DIVISION I 1 FY 2013-2014 —— APPROPRIATIONS 2 Section 1. 2013 Iowa Acts, chapter 139, section 3, paragraph 3 a, is amended to read as follows: 4 a. For the operation of the Fort Madison correctional 5 facility, including salaries, support, maintenance, and 6 miscellaneous purposes: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 43,107,133 8 Of the amount appropriated in this paragraph, the department 9 may use up to $500,000 for the remodel of the relocated John 10 Bennett facility and the demolition of the existing farm 11 bunkhouse adjacent to the newly constructed Fort Madison 12 correctional facility. Notwithstanding section 8.33, moneys 13 allocated in this unnumbered paragraph designated for the 14 remodel and demolition that remain unencumbered or unobligated 15 at the close of the fiscal year shall not revert but shall 16 remain available to be used for the purposes designated until 17 the close of the succeeding fiscal year. 18 Sec. 2. EFFECTIVE UPON ENACTMENT. This division of this 19 Act, being deemed of immediate importance, takes effect upon 20 enactment. 21 DIVISION II 22 FY 2014-2015 —— APPROPRIATIONS 23 Sec. 3. 2013 Iowa Acts, chapter 139, section 19, is amended 24 to read as follows: 25 SEC. 19. DEPARTMENT OF JUSTICE. 26 1. There is appropriated from the general fund of the state 27 to the department of justice for the fiscal year beginning July 28 1, 2014, and ending June 30, 2015, the following amounts, or 29 so much thereof as is necessary, to be used for the purposes 30 designated: 31 a. For the general office of attorney general for salaries, 32 support, maintenance, and miscellaneous purposes, including 33 the prosecuting attorneys training program, matching funds 34 for federal violence against women grant programs, victim 35 -1- LSB 5007HB (2) 85 jm/jp 1/ 27
H.F. _____ assistance grants, office of drug control policy prosecuting 1 attorney program, and odometer fraud enforcement, and for not 2 more than the following full-time equivalent positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,983,965 4 7,989,905 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 214.00 6 It is the intent of the general assembly that as a condition 7 of receiving the appropriation provided in this lettered 8 paragraph, the department of justice shall maintain a record 9 of the estimated time incurred representing each agency or 10 department. 11 b. For victim assistance grants: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,367,200 13 6,337,024 14 The funds appropriated in this lettered paragraph shall be 15 used to provide grants to care providers providing services to 16 crime victims of domestic abuse or to crime victims of rape and 17 sexual assault. 18 The balance of the victim compensation fund established in 19 section 915.94 may be used to provide salary and support of not 20 more than 24 FTEs and to provide maintenance for the victim 21 compensation functions of the department of justice. 22 The department of justice shall transfer at least $150,000 23 from the victim compensation fund established in section 915.94 24 to the victim assistance grant program. 25 c. For legal services for persons in poverty grants as 26 provided in section 13.34 : 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,090,281 28 2,400,000 29 2. a. The department of justice, in submitting budget 30 estimates for the fiscal year commencing July 1, 2015, pursuant 31 to section 8.23 , shall include a report of funding from sources 32 other than amounts appropriated directly from the general fund 33 of the state to the department of justice or to the office of 34 consumer advocate. These funding sources shall include but 35 -2- LSB 5007HB (2) 85 jm/jp 2/ 27
H.F. _____ are not limited to reimbursements from other state agencies, 1 commissions, boards, or similar entities, and reimbursements 2 from special funds or internal accounts within the department 3 of justice. The department of justice shall also report actual 4 reimbursements for the fiscal year commencing July 1, 2013, 5 and actual and expected reimbursements for the fiscal year 6 commencing July 1, 2014. 7 b. The department of justice shall include the report 8 required under paragraph “a”, as well as information regarding 9 any revisions occurring as a result of reimbursements actually 10 received or expected at a later date, in a report to the 11 co-chairpersons and ranking members of the joint appropriations 12 subcommittee on the justice system and the legislative services 13 agency. The department of justice shall submit the report on 14 or before January 15, 2015. 15 Sec. 4. 2013 Iowa Acts, chapter 139, section 20, is amended 16 to read as follows: 17 SEC. 20. OFFICE OF CONSUMER ADVOCATE. There is appropriated 18 from the department of commerce revolving fund created in 19 section 546.12 to the office of consumer advocate of the 20 department of justice for the fiscal year beginning July 1, 21 2014, and ending June 30, 2015, the following amount, or so 22 much thereof as is necessary, to be used for the purposes 23 designated: 24 For salaries, support, maintenance, miscellaneous purposes, 25 and for not more than the following full-time equivalent 26 positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,568,082 28 3,137,588 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 30 Sec. 5. 2013 Iowa Acts, chapter 139, section 21, is amended 31 to read as follows: 32 SEC. 21. DEPARTMENT OF CORRECTIONS —— FACILITIES. 33 1. There is appropriated from the general fund of the 34 state to the department of corrections for the fiscal year 35 -3- LSB 5007HB (2) 85 jm/jp 3/ 27
H.F. _____ beginning July 1, 2014, and ending June 30, 2015, the following 1 amounts, or so much thereof as is necessary, to be used for the 2 operation of adult correctional institutions, reimbursement 3 of counties for certain confinement costs, and federal prison 4 reimbursement, to be allocated as follows: 5 a. For the operation of the Fort Madison correctional 6 facility, including salaries, support, maintenance, and 7 miscellaneous purposes: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,553,567 9 42,655,684 10 b. For the operation of the Anamosa correctional facility, 11 including salaries, support, maintenance, and miscellaneous 12 purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,460,261 14 33,344,253 15 It is the intent of the general assembly that the department 16 of corrections maintain and operate the Luster Heights prison 17 camp. 18 c. For the operation of the Oakdale correctional facility, 19 including salaries, support, maintenance, and miscellaneous 20 purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,275,062 22 59,132,786 23 d. For the operation of the Newton correctional facility, 24 including salaries, support, maintenance, and miscellaneous 25 purposes: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,563,645 27 27,464,108 28 e. For the operation of the Mt. Pleasant correctional 29 facility, including salaries, support, maintenance, and 30 miscellaneous purposes: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,405,714 32 24,982,135 33 f. For the operation of the Rockwell City correctional 34 facility, including salaries, support, maintenance, and 35 -4- LSB 5007HB (2) 85 jm/jp 4/ 27
H.F. _____ miscellaneous purposes: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,835,574 2 9,728,353 3 g. For the operation of the Clarinda correctional facility, 4 including salaries, support, maintenance, and miscellaneous 5 purposes: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,620,808 7 25,717,430 8 Moneys received by the department of corrections as 9 reimbursement for services provided to the Clarinda youth 10 corporation are appropriated to the department and shall be 11 used for the purpose of operating the Clarinda correctional 12 facility. 13 h. For the operation of the Mitchellville correctional 14 facility, including salaries, support, maintenance, and 15 miscellaneous purposes: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,802,018 17 21,937,970 18 i. For the operation of the Fort Dodge correctional 19 facility, including salaries, support, maintenance, and 20 miscellaneous purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,932,616 22 29,989,648 23 j. For reimbursement of counties for temporary confinement 24 of work release and parole violators, as provided in sections 25 901.7 , 904.908 , and 906.17 , and for offenders confined pursuant 26 to section 904.513 : 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 537,546 28 1,075,092 29 k. For federal prison reimbursement, reimbursements for 30 out-of-state placements, and miscellaneous contracts: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 242,206 32 484,411 33 2. The department of corrections shall use moneys 34 appropriated in subsection 1 to continue to contract for the 35 -5- LSB 5007HB (2) 85 jm/jp 5/ 27
H.F. _____ services of a Muslim imam and a Native American spiritual 1 leader. 2 Sec. 6. 2013 Iowa Acts, chapter 139, section 22, is amended 3 to read as follows: 4 SEC. 22. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. 5 There is appropriated from the general fund of the state to the 6 department of corrections for the fiscal year beginning July 7 1, 2014, and ending June 30, 2015, the following amounts, or 8 so much thereof as is necessary, to be used for the purposes 9 designated: 10 1. For general administration, including salaries, support, 11 maintenance, employment of an education director to administer 12 a centralized education program for the correctional system, 13 and miscellaneous purposes: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,540,791 15 5,270,010 16 a. It is the intent of the general assembly that each 17 lease negotiated by the department of corrections with a 18 private corporation for the purpose of providing private 19 industry employment of inmates in a correctional institution 20 shall prohibit the private corporation from utilizing inmate 21 labor for partisan political purposes for any person seeking 22 election to public office in this state and that a violation 23 of this requirement shall result in a termination of the lease 24 agreement. 25 b. It is the intent of the general assembly that as a 26 condition of receiving the appropriation provided in this 27 subsection the department of corrections shall not enter into 28 a lease or contractual agreement pursuant to section 904.809 29 with a private corporation for the use of building space for 30 the purpose of providing inmate employment without providing 31 that the terms of the lease or contract establish safeguards to 32 restrict, to the greatest extent feasible, access by inmates 33 working for the private corporation to personal identifying 34 information of citizens. 35 -6- LSB 5007HB (2) 85 jm/jp 6/ 27
H.F. _____ 2. For educational programs for inmates at state penal 1 institutions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,304,055 3 2,608,109 4 a. To maximize the funding for educational programs, 5 the department shall establish guidelines and procedures to 6 prioritize the availability of educational and vocational 7 training for inmates based upon the goal of facilitating an 8 inmate’s successful release from the correctional institution. 9 b. The director of the department of corrections may 10 transfer moneys from Iowa prison industries and the canteen 11 operating funds established pursuant to section 904.310 , for 12 use in educational programs for inmates. 13 c. Notwithstanding section 8.33 , moneys appropriated in 14 this subsection that remain unobligated or unexpended at the 15 close of the fiscal year shall not revert but shall remain 16 available to be used only for the purposes designated in this 17 subsection until the close of the succeeding fiscal year. 18 3. For the development of the Iowa corrections offender 19 network (ICON) data system: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 21 2,000,000 22 4. For offender mental health and substance abuse 23 treatment: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,160 25 22,319 26 5. For viral hepatitis prevention and treatment: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 83,941 28 6. For operations costs and miscellaneous purposes: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,285,655 30 7. It is the intent of the general assembly that for 31 the fiscal year addressed by this section the department of 32 corrections shall continue to operate the correctional farms 33 under the control of the department at the same or greater 34 level of participation and involvement as existed as of January 35 -7- LSB 5007HB (2) 85 jm/jp 7/ 27
H.F. _____ 1, 2011; shall not enter into any rental agreement or contract 1 concerning any farmland under the control of the department 2 that is not subject to a rental agreement or contract as of 3 January 1, 2011, without prior legislative approval; and 4 shall further attempt to provide job opportunities at the 5 farms for inmates. The department shall attempt to provide 6 job opportunities at the farms for inmates by encouraging 7 labor-intensive farming or gardening where appropriate; using 8 inmates to grow produce and meat for institutional consumption; 9 researching the possibility of instituting food canning 10 and cook-and-chill operations; and exploring opportunities 11 for organic farming and gardening, livestock ventures, 12 horticulture, and specialized crops. 13 Sec. 7. 2013 Iowa Acts, chapter 139, section 23, is amended 14 to read as follows: 15 SEC. 23. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 16 SERVICES. 17 1. There is appropriated from the general fund of the state 18 to the department of corrections for the fiscal year beginning 19 July 1, 2014, and ending June 30, 2015, for salaries, support, 20 maintenance, and miscellaneous purposes, the following amounts, 21 or so much thereof as is necessary, to be allocated as follows: 22 a. For the first judicial district department of 23 correctional services: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,049,543 25 14,653,677 26 b. For the second judicial district department of 27 correctional services: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,435,213 29 11,098,361 30 c. For the third judicial district department of 31 correctional services: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,552,933 33 7,241,257 34 d. For the fourth judicial district department of 35 -8- LSB 5007HB (2) 85 jm/jp 8/ 27
H.F. _____ correctional services: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,747,655 2 5,608,005 3 e. For the fifth judicial district department of 4 correctional services, including funding for electronic 5 monitoring devices for use on a statewide basis: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,687,714 7 19,817,516 8 f. For the sixth judicial district department of 9 correctional services: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,319,269 11 14,833,623 12 g. For the seventh judicial district department of 13 correctional services: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,804,891 15 7,745,173 16 h. For the eighth judicial district department of 17 correctional services: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,103,307 19 8,133,194 20 2. Each judicial district department of correctional 21 services, within the funding available, shall continue programs 22 and plans established within that district to provide for 23 intensive supervision, sex offender treatment, diversion of 24 low-risk offenders to the least restrictive sanction available, 25 job development, and expanded use of intermediate criminal 26 sanctions. 27 3. Each judicial district department of correctional 28 services shall provide alternatives to prison consistent with 29 chapter 901B . The alternatives to prison shall ensure public 30 safety while providing maximum rehabilitation to the offender. 31 A judicial district department of correctional services may 32 also establish a day program. 33 4. The governor’s office of drug control policy shall 34 consider federal grants made to the department of corrections 35 -9- LSB 5007HB (2) 85 jm/jp 9/ 27
H.F. _____ for the benefit of each of the eight judicial district 1 departments of correctional services as local government 2 grants, as defined pursuant to federal regulations. 3 5. The department of corrections shall continue to contract 4 with a judicial district department of correctional services to 5 provide for the rental of electronic monitoring equipment which 6 shall be available statewide. 7 Sec. 8. 2013 Iowa Acts, chapter 139, section 24, is amended 8 to read as follows: 9 SEC. 24. DEPARTMENT OF CORRECTIONS —— REALLOCATION OF 10 APPROPRIATIONS. Notwithstanding section 8.39 , within the 11 moneys appropriated in this division of this Act to the 12 department of corrections, the department may reallocate the 13 moneys appropriated and allocated as necessary to best fulfill 14 the needs of the correctional institutions, administration 15 of 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. 9. 2013 Iowa Acts, chapter 139, section 25, is amended 26 to read as follows: 27 SEC. 25. INTENT —— REPORTS. 28 1. The department of corrections in cooperation with 29 townships, the Iowa cemetery associations, and other nonprofit 30 or governmental entities may use inmate labor during the 31 fiscal year beginning July 1, 2014, to restore or preserve 32 rural cemeteries and historical landmarks. The department in 33 cooperation with the counties may also use inmate labor to 34 clean up roads, major water sources, and other water sources 35 -10- LSB 5007HB (2) 85 jm/jp 10/ 27
H.F. _____ around the state. 1 2. On a quarterly basis the department shall provide a 2 status report regarding private-sector employment to the 3 legislative services agency beginning on July 1, 2014. The 4 report shall include the number of offenders employed in the 5 private sector, the combined number of hours worked by the 6 offenders, the total amount of allowances, and the distribution 7 of allowances pursuant to section 904.702 , including any moneys 8 deposited in the general fund of the state. 9 Sec. 10. 2013 Iowa Acts, chapter 139, section 26, is amended 10 to read as follows: 11 SEC. 26. ELECTRONIC MONITORING REPORT. The department of 12 corrections shall submit a report on electronic monitoring to 13 the general assembly, to the co-chairpersons and the ranking 14 members of the joint appropriations subcommittee on the justice 15 system, and to the legislative services agency by January 16 15, 2015. The report shall specifically address the number 17 of persons being electronically monitored and break down the 18 number of persons being electronically monitored by offense 19 committed. The report shall also include a comparison of any 20 data from the prior fiscal year with the current year. 21 Sec. 11. 2013 Iowa Acts, chapter 139, section 27, is amended 22 to read as follows: 23 SEC. 27. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 24 1. As used in this section, unless the context otherwise 25 requires, “state agency” means the government of the state 26 of Iowa, including but not limited to all executive branch 27 departments, agencies, boards, bureaus, and commissions, the 28 judicial branch, the general assembly and all legislative 29 agencies, institutions within the purview of the state board of 30 regents, and any corporation whose primary function is to act 31 as an instrumentality of the state. 32 2. State agencies are hereby encouraged to purchase 33 products from Iowa state industries, as defined in section 34 904.802 , when purchases are required and the products are 35 -11- LSB 5007HB (2) 85 jm/jp 11/ 27
H.F. _____ available from Iowa state industries. State agencies shall 1 obtain bids from Iowa state industries for purchases of 2 office furniture during the fiscal year beginning July 1, 3 2014, exceeding $5,000 or in accordance with applicable 4 administrative rules related to purchases for the agency. 5 Sec. 12. 2013 Iowa Acts, chapter 139, section 28, is amended 6 to read as follows: 7 SEC. 28. IOWA LAW ENFORCEMENT ACADEMY. 8 1. There is appropriated from the general fund of the 9 state to the Iowa law enforcement academy for the fiscal year 10 beginning July 1, 2014, and ending June 30, 2015, the following 11 amount, or so much thereof as is necessary, to be used for the 12 purposes designated: 13 For salaries, support, maintenance, miscellaneous purposes, 14 including jailer training and technical assistance, and for not 15 more than the following full-time equivalent positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,849 17 1,003,214 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 23.88 19 23.00 20 It is the intent of the general assembly that the Iowa law 21 enforcement academy may provide training of state and local 22 law enforcement personnel concerning the recognition of and 23 response to persons with Alzheimers’s disease. 24 The Iowa law enforcement academy may temporarily exceed and 25 draw more than the amount appropriated in this subsection and 26 incur a negative cash balance as long as there are receivables 27 equal to or greater than the negative balance and the amount 28 appropriated in this subsection is not exceeded at the close 29 of the fiscal year. 30 2. The Iowa law enforcement academy may select at least 31 five automobiles of the department of public safety, division 32 of state patrol, prior to turning over the automobiles to 33 the department of administrative services to be disposed 34 of by public auction, and the Iowa law enforcement academy 35 -12- LSB 5007HB (2) 85 jm/jp 12/ 27
H.F. _____ may exchange any automobile owned by the academy for each 1 automobile selected if the selected automobile is used in 2 training law enforcement officers at the academy. However, any 3 automobile exchanged by the academy shall be substituted for 4 the selected vehicle of the department of public safety and 5 sold by public auction with the receipts being deposited in the 6 depreciation fund to the credit of the department of public 7 safety, division of state patrol. 8 Sec. 13. 2013 Iowa Acts, chapter 139, section 29, is amended 9 to read as follows: 10 SEC. 29. STATE PUBLIC DEFENDER. There is appropriated from 11 the general fund of the state to the office of the state public 12 defender of the department of inspections and appeals for the 13 fiscal year beginning July 1, 2014, and ending June 30, 2015, 14 the following amounts, or so much thereof as is necessary, to 15 be allocated as follows for the purposes designated: 16 1. For salaries, support, maintenance, miscellaneous 17 purposes, and for not more than the following full-time 18 equivalent positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,931,091 20 25,882,243 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 219.00 22 221.00 23 2. For payments on behalf of eligible adults and juveniles 24 from the indigent defense fund, in accordance with section 25 815.11 : 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,950,965 27 29,901,929 28 Sec. 14. 2013 Iowa Acts, chapter 139, section 30, is amended 29 to read as follows: 30 SEC. 30. BOARD OF PAROLE. There is appropriated from the 31 general fund of the state to the board of parole for the fiscal 32 year beginning July 1, 2014, and ending June 30, 2015, the 33 following amount, or so much thereof as is necessary, to be 34 used for the purposes designated: 35 -13- LSB 5007HB (2) 85 jm/jp 13/ 27
H.F. _____ For salaries, support, maintenance, miscellaneous purposes, 1 and for not more than the following full-time equivalent 2 positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 601,918 4 1,204,583 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 11.00 6 Sec. 15. 2013 Iowa Acts, chapter 139, section 31, is amended 7 to read as follows: 8 SEC. 31. DEPARTMENT OF PUBLIC DEFENSE —— DEPARTMENT 9 OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT . There is 10 appropriated from the general fund of the state to the 11 department of public defense or the department of homeland 12 security and emergency management, as applicable, for the 13 fiscal year beginning July 1, 2014, and ending June 30, 2015, 14 the following amounts, or so much thereof as is necessary, to 15 be used for the purposes designated: 16 1. MILITARY DIVISION 17 For salaries, support, maintenance, miscellaneous purposes, 18 and for not more than the following full-time equivalent 19 positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,263,521 21 6,554,478 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 293.61 23 283.50 24 The military division may temporarily exceed and draw more 25 than the amount appropriated in this subsection and incur a 26 negative cash balance as long as there are receivables of 27 federal funds equal to or greater than the negative balance and 28 the amount appropriated in this subsection is not exceeded at 29 the close of the fiscal year. 30 2. THE DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 31 MANAGEMENT DIVISION OF SUCCESSOR AGENCY 32 For salaries, support, maintenance, miscellaneous purposes, 33 and for not more than the following full-time equivalent 34 positions: 35 -14- LSB 5007HB (2) 85 jm/jp 14/ 27
H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,087,139 1 2,629,623 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 37.40 3 36.13 4 a. The department of homeland security and emergency 5 management division or successor agency may temporarily 6 exceed and draw more than the amount appropriated in this 7 subsection and incur a negative cash balance as long as there 8 are receivables of federal funds equal to or greater than the 9 negative balance and the amount appropriated in this subsection 10 is not exceeded at the close of the fiscal year. 11 b. It is the intent of the general assembly that the 12 department of homeland security and emergency management 13 division or successor agency work in conjunction with the 14 department of public safety, to the extent possible, when 15 gathering and analyzing information related to potential 16 domestic or foreign security threats, and when monitoring such 17 threats. 18 Sec. 16. 2013 Iowa Acts, chapter 139, section 32, is amended 19 to read as follows: 20 SEC. 32. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 21 from the general fund of the state to the department of public 22 safety for the fiscal year beginning July 1, 2014, and ending 23 June 30, 2015, the following amounts, or so much thereof as is 24 necessary, to be used for the purposes designated: 25 1. For the department’s administrative functions, including 26 the criminal justice information system, and for not more than 27 the following full-time equivalent positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,033,527 29 4,183,349 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 39.00 31 2. For the division of criminal investigation, including 32 the state’s contribution to the peace officers’ retirement, 33 accident, and disability system provided in chapter 97A in the 34 amount of the state’s normal contribution rate, as defined in 35 -15- LSB 5007HB (2) 85 jm/jp 15/ 27
H.F. _____ section 97A.8 , multiplied by the salaries for which the moneys 1 are appropriated, to meet federal fund matching requirements, 2 and for not more than the following full-time equivalent 3 positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,466,707 5 13,625,414 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 149.60 7 150.60 8 3. For the criminalistics laboratory fund created in 9 section 691.9 : 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 151,173 11 302,345 12 4. a. For the division of narcotics enforcement, including 13 the state’s contribution to the peace officers’ retirement, 14 accident, and disability system provided in chapter 97A in the 15 amount of the state’s normal contribution rate, as defined in 16 section 97A.8 , multiplied by the salaries for which the moneys 17 are appropriated, to meet federal fund matching requirements, 18 and for not more than the following full-time equivalent 19 positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,377,928 21 6,919,855 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 66.00 23 65.50 24 b. For the division of narcotics enforcement for undercover 25 purchases: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 54,521 27 109,042 28 5. For the division of state fire marshal, for fire 29 protection services as provided through the state fire service 30 and emergency response council as created in the department, 31 and for the state’s contribution to the peace officers’ 32 retirement, accident, and disability system provided in chapter 33 97A in the amount of the state’s normal contribution rate, 34 as defined in section 97A.8 , multiplied by the salaries for 35 -16- LSB 5007HB (2) 85 jm/jp 16/ 27
H.F. _____ which the moneys are appropriated, and for not more than the 1 following full-time equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,235,278 3 4,590,556 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 53.00 5 6. For the division of state patrol, for salaries, support, 6 maintenance, workers’ compensation costs, and miscellaneous 7 purposes, including the state’s contribution to the peace 8 officers’ retirement, accident, and disability system provided 9 in chapter 97A in the amount of the state’s normal contribution 10 rate, as defined in section 97A.8 , multiplied by the salaries 11 for which the moneys are appropriated, and for not more than 12 the following full-time equivalent positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,768,104 14 61,670,291 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 494.47 16 527.00 17 It is the intent of the general assembly that the department 18 of public safety add additional members to the state patrol to 19 the current number of members of the state patrol as of July 1, 20 2014. 21 It is the intent of the general assembly that members of the 22 state patrol be assigned to patrol the highways and roads in 23 lieu of assignments for inspecting school buses for the school 24 districts. 25 7. For operations costs, and miscellaneous purposes: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 850,000 27 8. For deposit in the sick leave benefits fund established 28 under section 80.42 for all departmental employees eligible to 29 receive benefits for accrued sick leave under the collective 30 bargaining agreement: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 139,759 32 279,517 33 9. For costs associated with the training and equipment 34 needs of volunteer fire fighters: 35 -17- LSB 5007HB (2) 85 jm/jp 17/ 27
H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 362,760 1 825,520 2 a. Notwithstanding section 8.33 , moneys appropriated in 3 this subsection that remain unencumbered or unobligated at the 4 close of the fiscal year shall not revert but shall remain 5 available for expenditure only for the purpose designated in 6 this subsection until the close of the succeeding fiscal year. 7 b. Notwithstanding section 8.39 , the department of public 8 safety may reallocate moneys appropriated in this section 9 as necessary to best fulfill the needs provided for in the 10 appropriation. However, the department shall not reallocate 11 moneys appropriated to the department in this section unless 12 notice of the reallocation is given to the legislative services 13 agency and the department of management prior to the effective 14 date of the reallocation. The notice shall include information 15 regarding the rationale for reallocating the moneys. The 16 department shall not reallocate moneys appropriated in this 17 section for the purpose of eliminating any program. 18 10. For the public safety interoperable and broadband 19 communications fund established in section 80.44: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 154,661 21 Sec. 17. 2013 Iowa Acts, chapter 139, section 33, is amended 22 to read as follows: 23 SEC. 33. GAMING ENFORCEMENT. 24 1. There is appropriated from the gaming enforcement 25 revolving fund created in section 80.43 to the department of 26 public safety for the fiscal year beginning July 1, 2014, and 27 ending June 30, 2015, the following amount, or so much thereof 28 as is necessary, to be used for the purposes designated: 29 For any direct support costs for agents and officers of 30 the division of criminal investigation’s excursion gambling 31 boat, gambling structure, and racetrack enclosure enforcement 32 activities, including salaries, support, maintenance, 33 miscellaneous purposes, and for not more than the following 34 full-time equivalent positions: 35 -18- LSB 5007HB (2) 85 jm/jp 18/ 27
H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,449,004 1 10,898,008 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 115.00 3 109.00 4 2. For each additional license to conduct gambling games on 5 an excursion gambling boat, gambling structure, or racetrack 6 enclosure issued during the fiscal year beginning July 1, 2014, 7 there is appropriated from the gaming enforcement fund to the 8 department of public safety for the fiscal year beginning July 9 1, 2014, and ending June 30, 2015, an additional amount of not 10 more than $300,000 to be used for not more than 3.00 additional 11 full-time equivalent positions. 12 3. The department of public safety, with the approval of the 13 department of management, may employ no more than three special 14 agents for each additional riverboat or gambling structure 15 regulated after July 1, 2014, and three special agents for 16 each racing facility which becomes operational during the 17 fiscal year which begins July 1, 2014. Positions authorized 18 in this subsection are in addition to the full-time equivalent 19 positions otherwise authorized in this section. 20 Sec. 18. 2013 Iowa Acts, chapter 139, section 34, is amended 21 to read as follows: 22 SEC. 34. CIVIL RIGHTS COMMISSION. There is appropriated 23 from the general fund of the state to the Iowa state civil 24 rights commission for the fiscal year beginning July 1, 25 2014, and ending June 30, 2015, the following amount, or so 26 much thereof as is necessary, to be used for the purposes 27 designated: 28 For salaries, support, maintenance, miscellaneous purposes, 29 and for not more than the following full-time equivalent 30 positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 648,535 32 1,169,540 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.00 34 The Iowa state civil rights commission may enter into 35 -19- LSB 5007HB (2) 85 jm/jp 19/ 27
H.F. _____ a contract with a nonprofit organization to provide legal 1 assistance to resolve civil rights complaints. 2 Sec. 19. 2013 Iowa Acts, chapter 139, section 35, is amended 3 to read as follows: 4 SEC. 35. CRIMINAL AND JUVENILE JUSTICE PLANNING 5 DIVISION. There is appropriated from the general fund of the 6 state to the criminal and juvenile justice planning division of 7 the department of human rights for the fiscal year beginning 8 July 1, 2013, and ending June 30, 2014, the following amounts, 9 or so much thereof as is necessary, to be used for the purposes 10 designated: 11 For salaries, support, maintenance, and miscellaneous 12 purposes, and for not more than the following full-time 13 equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 630,053 15 1,100,105 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.81 17 10.38 18 The criminal and juvenile justice planning advisory council 19 and the juvenile justice advisory council shall coordinate 20 their efforts in carrying out their respective duties relative 21 to juvenile justice. 22 Sec. 20. 2013 Iowa Acts, chapter 139, section 36, is amended 23 to read as follows: 24 SEC. 36. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 25 MANAGEMENT DIVISION . There is appropriated from the wireless 26 E911 emergency communications fund created in section 27 34A.7A to the department of homeland security and emergency 28 management division or successor agency for the fiscal year 29 beginning July 1, 2014, and ending June 30, 2015, an amount not 30 exceeding $250,000 to be used for implementation, support, and 31 maintenance of the functions of the administrator and program 32 manager under chapter 34A and to employ the auditor of the 33 state to perform an annual audit of the wireless E911 emergency 34 communications fund. 35 -20- LSB 5007HB (2) 85 jm/jp 20/ 27
H.F. _____ DIVISION III 1 MISCELLANEOUS PROVISIONS 2 Sec. 21. Section 13.2, subsection 1, Code 2014, is amended 3 by adding the following new paragraphs: 4 NEW PARAGRAPH . o. Submit a report by January 15 of each 5 year to the co-chairpersons and ranking members of the joint 6 appropriations subcommittee on the justice system and to the 7 legislative services agency detailing the amount of annual 8 money receipts generated by each settlement, judgment, or 9 forfeiture collected pursuant to legal proceedings pursuant 10 to chapters 455B, 537, 553, 714, and 809A. The report shall 11 include the name of the civil or criminal case involved, the 12 court of jurisdiction, the settlement amount including the 13 state’s share of the settlement, the name of the fund in which 14 the receipts were deposited, and the planned use of the moneys. 15 NEW PARAGRAPH . p. Provide documentation to the executive 16 council prior to accepting any settlement on behalf of the 17 state from a legal proceeding under chapters 455B, 553, and 18 714. The documentation shall include but is not limited to 19 the name of the civil or criminal case involved, the court of 20 jurisdiction, the proposed settlement amount including the 21 state’s share of the settlement, the name of the fund in which 22 the moneys are to be deposited, and the planned use of the 23 moneys. 24 Sec. 22. NEW SECTION . 13.2A Executive council approval —— 25 prior to settlement. 26 The executive council must approve a settlement prior to the 27 attorney general accepting such a settlement under chapters 28 455B, 553, and 714. 29 Sec. 23. NEW SECTION . 13.32 Victim assistance program —— 30 payments. 31 1. a. Prior to issuance of a warrant or its equivalent for 32 a claim for compensation payable from the state treasury to a 33 contractor awarded a contract to provide victim services for 34 a victim assistance program administered under section 13.31, 35 -21- LSB 5007HB (2) 85 jm/jp 21/ 27
H.F. _____ subsection 1, 3, 4, or 6, the department of justice shall file 1 an itemized voucher with the department of administrative 2 services showing in detail the items of service, expense, the 3 item furnished, or contract for which payment is sought. The 4 claimant’s original invoice shall be attached to the department 5 of justice’s approved voucher. The director of administrative 6 services shall adopt rules specifying the form and contents for 7 invoices submitted by a contractor to the department of justice 8 to administer this section. The director of administrative 9 services may exempt the department of justice from the invoice 10 requirements or a part of the requirements upon a finding 11 that compliance would result in poor accounting or management 12 practices. 13 b. The department of administrative services shall deny a 14 claim for compensation if the voucher or invoice do not comply 15 with the provisions of this section. 16 2. Unless the director of administrative services exempts 17 the department of justice from the invoice requirements under 18 subsection 1, the invoice submitted for approval and payment 19 by a contractor awarded a contract to provide victim services 20 shall include the following: 21 a. A completed claim on an invoice form approved by the 22 department of justice. 23 b. (1) An itemization detailing all work performed under 24 the contract shall contain all of the following, as applicable: 25 (a) A separate statement for the date and amount of time 26 spent on each activity. Time shall be reported in tenths or 27 hundredths of an hour on the invoice but must be recorded in 28 tenths of an hour on the voucher. Time listed in hundredths of 29 an hour on the invoice shall be reduced to the nearest tenth of 30 an hour on the voucher. 31 (b) A separate statement for the mileage including the date 32 traveled, the location traveled to and from, and the miles and 33 route traveled. 34 (c) The individual receipts for each reimbursement claimed. 35 -22- LSB 5007HB (2) 85 jm/jp 22/ 27
H.F. _____ (2) The itemization shall be submitted in chronological 1 order. 2 (3) The itemization shall be typed in at least ten point 3 type on eight and one half by eleven inch paper. 4 3. The department of justice shall deny a claim if the 5 invoice submitted for compensation does not comply with this 6 section. 7 4. A claim for services by an agency for victim services 8 performed prior to the effective date of the contract with the 9 department of justice shall be denied. 10 Sec. 24. Section 97B.49B, subsection 1, paragraph e, Code 11 2014, is amended by adding the following new subparagraph: 12 NEW SUBPARAGRAPH . (13) A person other than a deputy 13 sheriff, jailer, or detention officer who is employed by a 14 sheriff to provide courthouse security services or prisoner 15 transportation duties, is required as a condition of employment 16 to carry a firearm and has been professionally trained and 17 qualified in the use of any firearm in connection with the 18 individual’s duties, is required and authorized under limited 19 circumstances to perform law enforcement duties that may 20 include but are not limited to detaining persons, taking 21 persons into custody, making arrests, transporting or providing 22 custody and care for those persons under the sheriff’s control, 23 and is a certified Iowa peace officer, has Iowa reserve 24 peace officer certification, or has equivalent peace officer 25 training. 26 Sec. 25. Section 804.6, Code 2014, is amended to read as 27 follows: 28 804.6 Persons authorized to make an arrest. 29 An arrest pursuant to a warrant shall be made only by a 30 peace officer; in other cases, an arrest may be made by a peace 31 officer , a person defined under section 97B.49B, subsection 32 1, paragraph “e” , or by a private person as provided in this 33 chapter . 34 Sec. 26. NEW SECTION . 804.6A Arrest warrant —— service by 35 -23- LSB 5007HB (2) 85 jm/jp 23/ 27
H.F. _____ bailiff and security personnel. 1 A person defined under section 97B.49B, subsection 1, 2 paragraph “e” , while working at a courthouse, may serve an 3 arrest warrant, take the arrested person before a magistrate, 4 or deliver the arrested person to a peace officer, who may take 5 the arrested person before a magistrate. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to and makes appropriations to the justice 10 system. 11 DIVISION I —— FY 2013-2014 —— APPROPRIATIONS. The bill 12 specifies that up to $500,000 of the moneys appropriated 13 to the department of corrections for the operation of Fort 14 Madison for fiscal year 2013-2014 may be used for the remodel 15 of the relocated John Bennett facility and the demolition of 16 the existing farm bunkhouse adjacent to the newly constructed 17 Fort Madison correctional facility. The bill allows the 18 moneys designated for the remodel or demolition that remain 19 unencumbered or unobligated to remain available to be used for 20 such purposes until the close of fiscal year 2014-2015. The 21 provision takes effect upon enactment. 22 DIVISION II —— FY 2014-2015 —— APPROPRIATIONS. The bill 23 makes appropriations from the general fund of the state 24 for fiscal year 2014-2015 to the departments of justice, 25 corrections, public defense, and public safety, and the Iowa 26 law enforcement academy, office of the state public defender, 27 board of parole, Iowa state civil rights commission, and 28 the criminal and juvenile justice planning division of the 29 department of human rights. 30 The bill appropriates moneys from the department of commerce 31 revolving fund to the office of consumer advocate of the 32 department of justice for fiscal year 2014-2015. 33 The bill also appropriates moneys from the gaming 34 enforcement revolving fund to the department of public safety 35 -24- LSB 5007HB (2) 85 jm/jp 24/ 27
H.F. _____ for fiscal year 2014-2015. 1 The bill appropriates moneys from the E911 emergency 2 communications fund to the department of homeland security and 3 emergency management for fiscal year 2014-2015. 4 The bill specifies that it is the intent of the general 5 assembly that the department of public safety add additional 6 members to the state patrol to the current number of members of 7 the state patrol. 8 DIVISION III —— MISCELLANEOUS PROVISIONS. The bill, in 9 new Code section 13.32, requires the department of justice to 10 submit an itemized voucher to the department of administrative 11 services for approval prior to issuance of a warrant or its 12 equivalent for a claim of compensation payable from the state 13 treasury to a contractor awarded to provide victim serves for a 14 victim assistance program administered under Code section 13.31 15 for federal grants received, domestic abuse programs, family 16 violence prevention, and violence against women programs and 17 grants. The bill requires the department of justice to attach 18 the claimant’s original invoice to the department of justice’s 19 voucher. The bill does permit the director of administrative 20 services to exempt the department of justice from the invoice 21 requirements or a part of the requirements upon a finding 22 that compliance would result in poor accounting or management 23 practices. 24 The bill specifies that an invoice submitted to the 25 department of justice for approval and payment by a contractor 26 awarded a contract to provide victim services shall include a 27 completed claim on an invoice form approved by the department 28 of justice, and an itemization detailing all work performed 29 under the contract. The bill requires the itemization to 30 contain all of the following: a separate statement for the 31 date and amount of time spent on each activity; a separate 32 statement for the mileage including the date traveled, 33 the location traveled to and from, and the miles and route 34 traveled; and the individual receipts for each reimbursement 35 -25- LSB 5007HB (2) 85 jm/jp 25/ 27
H.F. _____ claimed. 1 The bill also specifies that the itemization submitted to 2 the department of justice be submitted in chronological order 3 and be typed in at least ten point type on eight and one half by 4 eleven inch paper. 5 The department of administrative services shall deny a 6 claim for compensation if the invoice does not comply with the 7 provisions of the bill. The bill also requires the department 8 of justice to deny a claim if the invoice does not comply with 9 the provisions of the bill. 10 Code section 13.2 is amended to require the attorney 11 general to submit a report by January 15 of each year to the 12 co-chairpersons and ranking members of the joint appropriations 13 subcommittee on the justice system and to the legislative 14 services agency detailing the amount of annual money receipts 15 generated by each settlement, judgment, or forfeiture collected 16 pursuant to legal proceedings involving Code chapters 455B 17 (department of natural resources), 537 (consumer credit code), 18 553 (Iowa competition law), 714 (theft, fraud, and related 19 offenses), and 809A (forfeiture reform Act). The report shall 20 include the name of the civil or criminal case involved, the 21 court of jurisdiction, the settlement amount including the 22 state’s share of the settlement, the name of the fund in which 23 the receipts were deposited, and the planned use of the moneys. 24 The bill further amends Code section 13.2 to require that 25 the attorney general provide documentation to the executive 26 council prior to accepting any settlement on behalf of the 27 state under Code chapters 455B, 553, and 714. The bill 28 provides that the documentation shall include the name of the 29 civil or criminal case involved, the court of jurisdiction, the 30 proposed settlement amount including the state’s share of the 31 settlement, the name of the fund in which the moneys are to be 32 deposited, and the planned use of the moneys. New Code section 33 13.2A requires the executive council to approve a settlement 34 prior to the attorney general accepting the settlement under 35 -26- LSB 5007HB (2) 85 jm/jp 26/ 27
H.F. _____ Code chapters 455B, 553, and 714. 1 Code section 97B.49B is amended to provide that persons 2 employed by a sheriff to provide courthouse security or 3 prisoner transportation duties who are required to carry a 4 firearm, have peace officer training, and are required to 5 perform certain law enforcement duties, are included within the 6 protection occupation category of the Iowa public employees’ 7 retirement system. 8 Under the amendment to Code section 804.6 and new Code 9 section 804.6A, a person employed by a sheriff to provide 10 courthouse security or prisoner transportation duties, while 11 working at a courthouse, may serve an arrest warrant, take the 12 arrested person before a magistrate, or deliver the arrested 13 person to a peace officer, who may take the arrested person 14 before a magistrate. 15 -27- LSB 5007HB (2) 85 jm/jp 27/ 27