SF 447 (LSB 1005SV (4) 85)

SENATE FILE 447

BY  COMMITTEE ON APPROPRIATIONS

(SUCCESSOR TO SSB 1249)

A BILL FOR

An Act relating to appropriations to the justice system and including effective dates.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  DEPARTMENT OF JUSTICE.
   1.  There is appropriated from the general fund of the state to the department of justice for the fiscal year beginning July 1, 2013, and ending June 30, 2014, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   a.  For the general office of attorney general for salaries, support, maintenance, and miscellaneous purposes, including the prosecuting attorneys training program, matching funds for federal violence against women grant programs, victim assistance grants, office of drug control policy prosecuting attorney program, and odometer fraud enforcement, and for not more than the following full-time equivalent positions:
.................................................. $  7,967,930
............................................... FTEs     214.00
   It is the intent of the general assembly that as a condition of receiving the appropriation provided in this lettered paragraph, the department of justice shall maintain a record of the estimated time incurred representing each agency or department.
   b.  For victim assistance grants:
.................................................. $  8,876,400
   The funds appropriated in this lettered paragraph shall be used to provide grants to care providers providing services to crime victims of domestic abuse or to crime victims of rape and sexual assault. The department of justice shall not require a care provider to close a shelter as a condition of receiving a grant pursuant to this paragraph.
   The balance of the victim compensation fund established in section 915.94 may be used to provide salary and support of not more than 24.00 FTEs and to provide maintenance for the victim compensation functions of the department of justice.
   The department of justice shall transfer at least $150,000 from the victim compensation fund established in section 915.94 to the victim assistance grant program.
   Notwithstanding section 8.33, moneys appropriated in this paragraph that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
   c.  For legal services for persons in poverty grants as provided in section 13.34:
.................................................. $  2,400,000
   2.
  a.  The department of justice, in submitting budget estimates for the fiscal year commencing July 1, 2014, pursuant to section 8.23, shall include a report of funding from sources other than amounts appropriated directly from the general fund of the state to the department of justice or to the office of consumer advocate. These funding sources shall include but are not limited to reimbursements from other state agencies, commissions, boards, or similar entities, and reimbursements from special funds or internal accounts within the department of justice. The department of justice shall also report actual reimbursements for the fiscal year commencing July 1, 2012, and actual and expected reimbursements for the fiscal year commencing July 1, 2013.
   b.  The department of justice shall include the report required under paragraph “a”, as well as information regarding any revisions occurring as a result of reimbursements actually received or expected at a later date, in a report to the co-chairpersons and ranking members of the joint appropriations subcommittee on the justice system and the legislative services agency. The department of justice shall submit the report on or before January 15, 2014.
    Sec. 2.  OFFICE OF CONSUMER ADVOCATE.  There is appropriated from the department of commerce revolving fund created in section 546.12 to the office of consumer advocate of the department of justice for the fiscal year beginning July 1, 2013, and ending June 30, 2014, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  3,136,163
............................................... FTEs      22.00
    Sec. 3.  DEPARTMENT OF CORRECTIONS —— FACILITIES.
   1.  There is appropriated from the general fund of the state to the department of corrections for the fiscal year beginning July 1, 2013, and ending June 30, 2014, the following amounts, or so much thereof as is necessary, to be used for the operation of adult correctional institutions, reimbursement of counties for certain confinement costs, and federal prison reimbursement, to be allocated as follows:
   a.  For the operation of the Fort Madison correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 51,645,396
   The department shall operate the clinical care unit at a capacity of at least 160 beds. The department shall also operate the John Bennett unit to house minimum security inmates until the bunkhouse at farm one, Fort Madison, has been renovated or replaced.
   The department of corrections shall submit, to the co-chairpersons and ranking members of the joint appropriations subcommittee on the justice system by January 15, 2014, the plans for the integration of the John Bennett facility and the clinical care unit into the new Fort Madison maximum security correctional facility and the future plans for the use of the current Fort Madison maximum security correctional facility after the inmates are transferred to the new facility.
   b.  For the operation of the Anamosa correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 32,183,850

   c.  For the operation of the Luster Heights prison camp:
.................................................. $  1,643,039
   d.  For the operation of the Oakdale correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 58,550,123
   e.  For the operation of the Newton correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 27,348,450
   f.  For the operation of the Mt. Pleasant correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 25,573,157
   g.  For the operation of the Rockwell City correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $  9,836,698
   h.  For the operation of the Clarinda correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 25,982,680
   Moneys received by the department of corrections as reimbursement for services provided to the Clarinda youth corporation are appropriated to the department and shall be used for the purpose of operating the Clarinda correctional facility.
   i.  For the operation of the Mitchellville correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 20,088,953
   j.  For the operation of the Fort Dodge correctional facility, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $ 30,157,258

   k.  For reimbursement of counties for temporary confinement of work release and parole violators, as provided in sections 901.7, 904.908, and 906.17, and for offenders confined pursuant to section 904.513:
.................................................. $  1,075,092
   l.  For federal prison reimbursement, reimbursements for out-of-state placements, and miscellaneous contracts:
.................................................. $    484,411
   2.  The department of corrections shall use moneys appropriated in subsection 1 to continue to contract for the services of a Muslim imam and a Native American spiritual leader.
    Sec. 4.  DEPARTMENT OF CORRECTIONS —— ADMINISTRATION.  There is appropriated from the general fund of the state to the department of corrections for the fiscal year beginning July 1, 2013, and ending June 30, 2014, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For general administration, including salaries, support, maintenance, employment of an education director to administer a centralized education program for the correctional system, and miscellaneous purposes:
.................................................. $  4,831,582
   a.  It is the intent of the general assembly that as a condition of receiving the appropriation provided in this lettered paragraph the department of corrections shall not, except as otherwise provided in paragraph “c”, enter into a new contract, unless the contract is a renewal of an existing contract, for the expenditure of moneys in excess of $100,000 during the fiscal year beginning July 1, 2013, for the privatization of services performed by the department using state employees as of July 1, 2013, or for the privatization of new services by the department without prior consultation with any applicable state employee organization affected by the proposed new contract and prior notification of the co-chairpersons and ranking members of the joint appropriations subcommittee on the justice system.
   b.  It is the intent of the general assembly that each lease negotiated by the department of corrections with a private corporation for the purpose of providing private industry employment of inmates in a correctional institution shall prohibit the private corporation from utilizing inmate labor for partisan political purposes for any person seeking election to public office in this state and that a violation of this requirement shall result in a termination of the lease agreement.
   c.  It is the intent of the general assembly that as a condition of receiving the appropriation provided in this subsection the department of corrections shall not enter into a lease or contractual agreement pursuant to section 904.809 with a private corporation for the use of building space for the purpose of providing inmate employment without providing that the terms of the lease or contract establish safeguards to restrict, to the greatest extent feasible, access by inmates working for the private corporation to personal identifying information of citizens.
   2.  For educational programs for inmates at state penal institutions:
.................................................. $  2,858,109
   a.  As a condition of receiving the appropriation in this subsection, the department of corrections shall transfer at least $150,000 from the canteen operating funds established pursuant to section 904.310 to be used for correctional educational programs funded in this subsection.
   b.  It is the intent of the general assembly that moneys appropriated in this subsection shall be used solely for the purpose indicated and that the moneys shall not be transferred for any other purpose. In addition, it is the intent of the general assembly that the department shall consult with the community colleges in the areas in which the institutions are located to utilize moneys appropriated in this subsection to fund the high school completion, high school equivalency diploma, adult literacy, and adult basic education programs in a manner so as to maintain these programs at the institutions.
   c.  To maximize the funding for educational programs, the department shall establish guidelines and procedures to prioritize the availability of educational and vocational training for inmates based upon the goal of facilitating an inmate’s successful release from the correctional institution.
   d.  The director of the department of corrections may transfer moneys from Iowa prison industries for use in supporting educational programs for inmates.
   e.  Notwithstanding section 8.33, moneys appropriated in this subsection that remain unobligated or unexpended at the close of the fiscal year shall not revert but shall remain available to be used only for the purposes designated in this subsection until the close of the succeeding fiscal year.
   3.  For the development of the Iowa corrections offender network (ICON) data system:
.................................................. $  2,000,000
   4.  For offender mental health and substance abuse treatment:
.................................................. $     22,319
   5.  For viral hepatitis prevention and treatment:
.................................................. $    167,881
   6.  It is the intent of the general assembly that for the fiscal year addressed by this section the department of corrections shall continue to operate the correctional farms under the control of the department at the same or greater level of participation and involvement as existed as of January 1, 2011; shall not enter into any rental agreement or contract concerning any farmland under the control of the department that is not subject to a rental agreement or contract as of January 1, 2011, without prior legislative approval; and shall further attempt to provide job opportunities at the farms for inmates. The department shall attempt to provide job opportunities at the farms for inmates by encouraging labor-intensive farming or gardening where appropriate; using inmates to grow produce and meat for institutional consumption; researching the possibility of instituting food canning and cook-and-chill operations; and exploring opportunities for organic farming and gardening, livestock ventures, horticulture, and specialized crops.
    Sec. 5.  JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL SERVICES.
   1.  There is appropriated from the general fund of the state to the department of corrections for the fiscal year beginning July 1, 2013, and ending June 30, 2014, for salaries, support, maintenance, and miscellaneous purposes, the following amounts, or so much thereof as is necessary, to be allocated as follows:
   a.  For the first judicial district department of correctional services:
.................................................. $ 14,099,085
   b.  For the second judicial district department of correctional services:
.................................................. $ 11,099,457
   c.  For the third judicial district department of correctional services:
.................................................. $  7,105,865
   d.  For the fourth judicial district department of correctional services:
.................................................. $  5,552,458
   e.  For the fifth judicial district department of correctional services, including funding for electronic monitoring devices for use on a statewide basis:
.................................................. $ 20,367,463
   f.  For the sixth judicial district department of correctional services:
.................................................. $ 16,461,170
   g.  For the seventh judicial district department of correctional services:
.................................................. $  7,609,781
   h.  For the eighth judicial district department of correctional services:
.................................................. $  8,206,613
   2.  Each judicial district department of correctional services, within the funding available, shall continue programs and plans established within that district to provide for intensive supervision, sex offender treatment, diversion of low-risk offenders to the least restrictive sanction available, job development, and expanded use of intermediate criminal sanctions.
   3.  Each judicial district department of correctional services shall provide alternatives to prison consistent with chapter 901B. The alternatives to prison shall ensure public safety while providing maximum rehabilitation to the offender. A judicial district department of correctional services may also establish a day program.
   4.  The governor’s office of drug control policy shall consider federal grants made to the department of corrections for the benefit of each of the eight judicial district departments of correctional services as local government grants, as defined pursuant to federal regulations.
   5.  The department of corrections shall continue to contract with a judicial district department of correctional services to provide for the rental of electronic monitoring equipment which shall be available statewide.
    Sec. 6.  DEPARTMENT OF CORRECTIONS —— REALLOCATION OF APPROPRIATIONS.  Notwithstanding section 8.39, within the moneys appropriated in this division of this Act to the department of corrections, the department may reallocate the moneys appropriated and allocated as necessary to best fulfill the needs of the correctional institutions, administration of the department, and the judicial district departments of correctional services. However, in addition to complying with the requirements of sections 904.116 and 905.8 and providing notice to the legislative services agency and the chairpersons and ranking members of the joint appropriations subcommittee on the justice system, the department of corrections shall also provide notice to the department of management, prior to the effective date of the revision or reallocation of an appropriation made pursuant to this section. The department of corrections shall not reallocate an appropriation or allocation for the purpose of eliminating any program.
    Sec. 7.  INTENT —— REPORTS.
   1.  The department of corrections in cooperation with townships, the Iowa cemetery associations, and other nonprofit or governmental entities may use inmate labor during the fiscal year beginning July 1, 2013, to restore or preserve rural cemeteries and historical landmarks. The department in cooperation with the counties may also use inmate labor to clean up roads, major water sources, and other water sources around the state.
   2.  On a quarterly basis the department shall provide a status report regarding private-sector employment to the legislative services agency beginning on July 1, 2013. The report shall include the number of offenders employed in the private sector, the combined number of hours worked by the offenders, the total amount of allowances, and the distribution of allowances pursuant to section 904.702, including any moneys deposited in the general fund of the state.
    Sec. 8.  ELECTRONIC MONITORING REPORT.  The department of corrections shall submit a report on electronic monitoring to the general assembly, to the co-chairpersons and the ranking members of the joint appropriations subcommittee on the justice system, and to the legislative services agency by January 15, 2014. The report shall specifically address the number of persons being electronically monitored and break down the number of persons being electronically monitored by offense committed. The report shall also include a comparison of any data from the prior fiscal year with the current year.
    Sec. 9.  STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
   1.  As used in this section, unless the context otherwise requires, “state agency” means the government of the state of Iowa, including but not limited to all executive branch departments, agencies, boards, bureaus, and commissions, the judicial branch, the general assembly and all legislative agencies, institutions within the purview of the state board of regents, and any corporation whose primary function is to act as an instrumentality of the state.
   2.  State agencies are hereby encouraged to purchase products from Iowa state industries, as defined in section 904.802, when purchases are required and the products are available from Iowa state industries. State agencies shall obtain bids from Iowa state industries for purchases of office furniture during the fiscal year beginning July 1, 2013, exceeding $5,000 or in accordance with applicable administrative rules related to purchases for the agency.
    Sec. 10.  IOWA LAW ENFORCEMENT ACADEMY.
   1.  There is appropriated from the general fund of the state to the Iowa law enforcement academy for the fiscal year beginning July 1, 2013, and ending June 30, 2014, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, miscellaneous purposes, including jailer training and technical assistance, and for not more than the following full-time equivalent positions:
.................................................. $  1,001,698
............................................... FTEs      23.88
   It is the intent of the general assembly that the Iowa law enforcement academy may provide training of state and local law enforcement personnel concerning the recognition of and response to persons with Alzheimer’s disease.
   The Iowa law enforcement academy may temporarily exceed and draw more than the amount appropriated in this subsection and incur a negative cash balance as long as there are receivables equal to or greater than the negative balance and the amount appropriated in this subsection is not exceeded at the close of the fiscal year.
   2.  The Iowa law enforcement academy may select at least five automobiles of the department of public safety, division of state patrol, prior to turning over the automobiles to the department of administrative services to be disposed of by public auction, and the Iowa law enforcement academy may exchange any automobile owned by the academy for each automobile selected if the selected automobile is used in training law enforcement officers at the academy. However, any automobile exchanged by the academy shall be substituted for the selected vehicle of the department of public safety and sold by public auction with the receipts being deposited in the depreciation fund to the credit of the department of public safety, division of state patrol.
    Sec. 11.  STATE PUBLIC DEFENDER.  There is appropriated from the general fund of the state to the office of the state public defender of the department of inspections and appeals for the fiscal year beginning July 1, 2013, and ending June 30, 2014, the following amounts, or so much thereof as is necessary, to be allocated as follows for the purposes designated:
   1.  For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $ 25,862,182
............................................... FTEs     219.00
   2.  For payments on behalf of eligible adults and juveniles from the indigent defense fund, in accordance with section 815.11:
.................................................. $ 29,901,929
    Sec. 12.  BOARD OF PAROLE.  There is appropriated from the general fund of the state to the board of parole for the fiscal year beginning July 1, 2013, and ending June 30, 2014, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,203,835
............................................... FTEs      11.00
    Sec. 13.  DEPARTMENT OF PUBLIC DEFENSE.  There is appropriated from the general fund of the state to the department of public defense for the fiscal year beginning July 1, 2013, and ending June 30, 2014, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  MILITARY DIVISION
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  6,527,042
............................................... FTEs     293.61
   The military division may temporarily exceed and draw more than the amount appropriated in this subsection and incur a negative cash balance as long as there are receivables of federal funds equal to or greater than the negative balance and the amount appropriated in this subsection is not exceeded at the close of the fiscal year.
   2.  HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION OR SUCCESSOR AGENCY
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  2,174,277
............................................... FTEs      33.40
   The homeland security and emergency management division or successor agency may temporarily exceed and draw more than the amount appropriated in this subsection and incur a negative cash balance as long as there are receivables of federal funds equal to or greater than the negative balance and the amount appropriated in this subsection is not exceeded at the close of the fiscal year.
    Sec. 14.  DEPARTMENT OF PUBLIC SAFETY.  There is appropriated from the general fund of the state to the department of public safety for the fiscal year beginning July 1, 2013, and ending June 30, 2014, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For the department’s administrative functions, including the criminal justice information system, and for not more than the following full-time equivalent positions:
.................................................. $  4,067,054
............................................... FTEs      38.00
   2.  For the division of criminal investigation, including the state’s contribution to the peace officers’ retirement, accident, and disability system provided in chapter 97A in the amount of the state’s normal contribution rate, as defined in section 97A.8, multiplied by the salaries for which the moneys are appropriated, to meet federal fund matching requirements, and for not more than the following full-time equivalent positions:
.................................................. $ 12,933,414
............................................... FTEs     149.60
   The department, within available funding, shall investigate cold cases involving murder and other criminal offenses.
   3.  For the criminalistics laboratory fund created in section 691.9:
.................................................. $    302,345
   4.
  a.  For the division of narcotics enforcement, including the state’s contribution to the peace officers’ retirement, accident, and disability system provided in chapter 97A in the amount of the state’s normal contribution rate, as defined in section 97A.8, multiplied by the salaries for which the moneys are appropriated, to meet federal fund matching requirements, and for not more than the following full-time equivalent positions:
.................................................. $  6,755,855
............................................... FTEs      66.00
   b.  For the division of narcotics enforcement for undercover purchases:
.................................................. $    109,042
   5.  For the division of state fire marshal, for fire protection services as provided through the state fire service and emergency response council as created in the department, and for the state’s contribution to the peace officers’ retirement, accident, and disability system provided in chapter 97A in the amount of the state’s normal contribution rate, as defined in section 97A.8, multiplied by the salaries for which the moneys are appropriated, and for not more than the following full-time equivalent positions:
.................................................. $  4,470,556
............................................... FTEs      53.00
   6.  For the division of state patrol, for salaries, support, maintenance, workers’ compensation costs, and miscellaneous purposes, including the state’s contribution to the peace officers’ retirement, accident, and disability system provided in chapter 97A in the amount of the state’s normal contribution rate, as defined in section 97A.8, multiplied by the salaries for which the moneys are appropriated, and for not more than the following full-time equivalent positions:
.................................................. $ 57,036,208
............................................... FTEs     506.22
   7.  For deposit in the sick leave benefits fund established under section 80.42 for all departmental employees eligible to receive benefits for accrued sick leave under the collective bargaining agreement:
.................................................. $    279,517
   8.  For costs associated with the training and equipment needs of volunteer fire fighters:
.................................................. $    725,520
   a.  Notwithstanding section 8.33, moneys appropriated in this subsection that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure only for the purpose designated in this subsection until the close of the succeeding fiscal year.
   b.  Notwithstanding section 8.39, the department of public safety may reallocate moneys appropriated in this section as necessary to best fulfill the needs provided for in the appropriation. However, the department shall not reallocate moneys appropriated to the department in this section unless notice of the reallocation is given to the legislative services agency, the chairpersons and ranking members of the joint appropriations subcommittee on the justice system, and the department of management prior to the effective date of the reallocation. The notice shall include information regarding the rationale for reallocating the moneys. The department shall not reallocate moneys appropriated in this section for the purpose of eliminating any program.
    Sec. 15.  GAMING ENFORCEMENT.
   1.  There is appropriated from the gaming enforcement revolving fund created in section 80.43 to the department of public safety for the fiscal year beginning July 1, 2013, and ending June 30, 2014, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For any direct support costs for agents and officers of the division of criminal investigation’s excursion gambling boat, gambling structure, and racetrack enclosure enforcement activities, including salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $ 10,898,008
............................................... FTEs     115.00
   2.  For each additional license to conduct gambling games on an excursion gambling boat, gambling structure, or racetrack enclosure issued during the fiscal year beginning July 1, 2013, there is appropriated from the gaming enforcement fund to the department of public safety for the fiscal year beginning July 1, 2013, and ending June 30, 2014, an additional amount of not more than $521,000 to be used for not more than 6.00 additional full-time equivalent positions.
   3.  The department of public safety, with the approval of the department of management, may employ no more than two special agents and four gaming enforcement officers for each additional riverboat or gambling structure regulated after July 1, 2013, and one special agent for each racing facility which becomes operational during the fiscal year which begins July 1, 2013. One additional gaming enforcement officer, up to a total of four per riverboat or gambling structure, may be employed for each riverboat or gambling structure that has extended operations to 24 hours and has not previously operated with a 24-hour schedule. Positions authorized in this subsection are in addition to the full-time equivalent positions otherwise authorized in this section.
    Sec. 16.  CIVIL RIGHTS COMMISSION.  There is appropriated from the general fund of the state to the Iowa state civil rights commission for the fiscal year beginning July 1, 2013, and ending June 30, 2014, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,297,069
............................................... FTEs      28.00
   The Iowa state civil rights commission may enter into a contract with a nonprofit organization to provide legal assistance to resolve civil rights complaints.
    Sec. 17.  CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION.  There is appropriated from the general fund of the state to the criminal and juvenile justice planning division of the department of human rights for the fiscal year beginning July 1, 2013, and ending June 30, 2014, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
.................................................. $  1,260,105
............................................... FTEs      10.81
   The criminal and juvenile justice planning advisory council and the juvenile justice advisory council shall coordinate their efforts in carrying out their respective duties relative to juvenile justice.
    Sec. 18.  HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION OR SUCCESSOR AGENCY.  There is appropriated from the wireless E911 emergency communications fund created in section 34A.7A to the homeland security and emergency management division of the department of public defense or successor agency for the fiscal year beginning July 1, 2013, and ending June 30, 2014, an amount not exceeding $250,000 to be used for implementation, support, and maintenance of the functions of the administrator and program manager under chapter 34A and to employ the auditor of the state to perform an annual audit of the wireless E911 emergency communications fund.
    Sec. 19.  NEW SECTION.  80.44  Public safety broadband interoperability communications fund.
   1.  A statewide public safety broadband interoperability communications fund is established in the office of the treasurer of state under the control of the department of public safety. Any moneys annually appropriated, granted, or credited to the fund, including any federal moneys, are appropriated to the department of public safety for the planning and development of a statewide public safety broadband interoperability communications system.

   2.  Notwithstanding section 12C.7, subsection 2, interest and earnings on moneys deposited in the fund shall be credited to the fund. Notwithstanding section 8.33, moneys credited to the fund shall not revert to any other fund but shall remain available to be used for the purposes specified in subsection 1.
    Sec. 20.  Section 85.67, Code 2013, is amended to read as follows:
   85.67  Administration of fund —— special counsel —— payment of award.
   The attorney general shall appoint a staff member to represent the treasurer of state and the fund in all proceedings and matters arising under this division. The attorney general shall be reimbursed up to one hundred fifty
 
two hundred fifteen thousand dollars annually from the fund for services provided related to the fund. The commissioner of insurance shall consider the reimbursement to the attorney general as an outstanding liability when making a determination of funding availability under section 85.65A, subsection 2. In making an award under this division, the workers’ compensation commissioner shall specifically find the amount the injured employee shall be paid weekly, the number of weeks of compensation which shall be paid by the employer, the date upon which payments out of the fund shall begin, and, if possible, the length of time the payments shall continue.
    Sec. 21.  Section 99D.14, subsection 2, paragraph a, Code 2013, is amended to read as follows:
   a.  A licensee shall pay a regulatory fee to be charged as provided in this section. In determining the regulatory fee to be charged as provided under this section, the commission shall use the amount appropriated to the commission plus the cost of salaries for no more than two
 
three special agents for each racetrack that has not been issued a table games license under chapter 99F or no more than three special agents for each racetrack that has been issued a table games license under chapter 99F, plus any direct and indirect support costs for the agents, for the division of criminal investigation’s racetrack activities, as the basis for determining the amount of revenue to be raised from the regulatory fee. 
 
The direct costs shall include no more than four special agents in charge in the aggregate for purposes of supervising agents under this chapter and chapter 99F on or after July 1, 2019.
    Sec. 22.  Section 99D.14, subsection 2, Code 2013, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  By January 1, 2015, and by January 1 of every year thereafter, the division of criminal investigation shall provide the commission with a report detailing the activities of the division during the previous fiscal year for each racetrack enclosure.
    Sec. 23.  Section 99F.10, subsection 4, Code 2013, is amended to read as follows:
   4.
  a.  In determining the license fees and state regulatory fees to be charged as provided under section 99F.4 and this section, the commission shall use as the basis for determining the amount of revenue to be raised from the license fees and regulatory fees the amount appropriated to the commission plus the
 
following as applicable:
   (1)  Prior to July 1, 2017, the
 
cost of salaries for no more than two special agents for each excursion gambling boat or gambling structure and no more than four gaming enforcement officers for each excursion gambling boat or gambling structure with a patron capacity of less than two thousand persons or no more than five gaming enforcement officers for each excursion gambling boat or gambling structure with a patron capacity of at least two thousand persons, plus any direct and indirect support costs for the agents and officers, for the division of criminal investigation’s excursion gambling boat or gambling structure activities. 
 
However, the division of criminal investigation may add one additional special agent to the number of special agents specified in this subparagraph for each excursion gambling boat or gambling structure if at least two gaming enforcement officer full-time equivalent positions for that excursion gambling boat or gambling structure are vacant. Otherwise, the division of criminal investigation shall not fill vacant gaming enforcement officer positions.
   (2)  On or after July 1, 2017, the cost of salaries for no more than three special agents for each excursion gambling boat or gambling structure, plus any direct and indirect support costs for the agents, for the division of criminal investigation’s excursion gambling boat or gambling structure activities. The direct costs shall include no more than four special agents in charge in the aggregate for purposes of supervising agents under this chapter and chapter 99D, on or after July 1, 2019.
   b.  Notwithstanding sections 8.60 and 99F.4, the portion of the fee paid pursuant to paragraph “a” relating to the costs of special agents and officers plus any direct and indirect support costs for the agents and officers, for the division of criminal investigation’s excursion gambling boat or gambling structure activities, shall be deposited into the gaming enforcement revolving fund established in section 80.43. However, the department of public safety shall transfer, on an annual basis, the portion of the regulatory fee attributable to the indirect support costs of the special agents and gaming enforcement officers to the general fund of the state.
   c.  Notwithstanding sections 8.60 and 99F.4, the portion of the fee paid pursuant to paragraph “a” relating to the costs of the commission shall not be deposited in the general fund of the state but instead shall be deposited into the gaming regulatory revolving fund established in section 99F.20.
   d.  By January 1, 2015, and by January 1 of every year thereafter, the division of criminal investigation shall provide the commission with a report detailing the activities of the division during the previous fiscal year for each excursion gambling boat and gambling structure.
    Sec. 24.  Section 654.4B, subsection 2, paragraph b, Code 2013, is amended by striking the paragraph.
    Sec. 25.  Section 714.16C, subsection 2, Code 2013, is amended to read as follows:
   2.  For each fiscal year, not more than one million one hundred twenty-five
 
eight hundred seventy-five thousand dollars is appropriated from the fund to the department of justice to be used for public education relating to consumer fraud and for enforcement of section 714.16 and federal consumer laws, and not more than seventy-five
 
one hundred twenty-five thousand dollars is appropriated from the fund to the department of justice to be used for investigation, prosecution, and consumer education relating to consumer and criminal fraud committed against older Iowans.
    Sec. 26.  2011 Iowa Acts, chapter 134, section 43, subsection 9, as amended by 2012 Iowa Acts, chapter 1134, section 10, is amended to read as follows:
   9.  For costs associated with the training and operation of the statewide interoperable communications system board excluding salaries and contracts
 
or deposit in the statewide public safety broadband interoperability communications fund established by this 2013 Act in section 80.44, as determined by the department:
.................................................. $     48,000
    Sec. 27.  IOWA CORRECTIONS OFFENDER NETWORK —— FUND.  Notwithstanding any provision of law to the contrary, the unencumbered or unobligated balance of the Iowa corrections offender network fund at the close of the fiscal year beginning July 1, 2012, or the close of any succeeding fiscal year that would otherwise be required by law to revert to, be deposited in, or to be credited to the Iowa offender network fund shall instead be credited to the general fund of the state.
    Sec. 28.  GAMING ENFORCEMENT STUDY.  The division of criminal investigation of the department of public safety and the Iowa gaming association shall jointly or separately file a report with the co-chairpersons and ranking members of the joint appropriations subcommittee on the justice system and the legislative services agency by December 15, 2013, detailing the activities of gaming enforcement officers and special agents working at excursion gambling boats, gambling structures, and racetrack enclosures. The report shall include the number of incidences the gaming enforcement officers handle versus private security, the number of fraud investigations and background checks performed by the special agents, and the percentage of time gaming enforcement officers and special agents work on gaming-related and nongaming-related cases. The report shall also include the time periods each excursion gambling boat, gambling structure, and racetrack enclosure are not staffed by at least one gaming enforcement officer or special agent.
    Sec. 29.  REPEAL.  Section 904.118, Code 2013, is repealed.
    Sec. 30.  EFFECTIVE UPON ENACTMENT.  The following provision or provisions of this Act, being deemed of immediate importance, take effect upon enactment:
   1.  The section of this Act amending 2011 Iowa Acts, chapter 134, section 43, subsection 9, as amended by 2012 Iowa Acts, chapter 1134, section 10.
   2.  The section of this Act enacting the section tentatively numbered 80.44.
   3.  The section of this Act relating to the balance of the Iowa corrections offender network fund.
    Sec. 31.  EFFECTIVE DATE.  The following provision or provisions of this Act take effect July 1, 2014:
   1.  The section of this Act amending section 99D.14.
   2.  The section of this Act amending section 99F.10.
EXPLANATION
   This bill relates to and makes appropriations to the justice system.
   The bill makes appropriations from the general fund of the state for fiscal year 2013-2014 to the departments of justice, corrections, public defense, and public safety, and the Iowa law enforcement academy, office of the state public defender, board of parole, Iowa state civil rights commission, and the criminal and juvenile justice planning division.
   The bill appropriates moneys from the department of commerce revolving fund to the office of consumer advocate of the department of justice for fiscal year 2013-2014.
   The bill also appropriates moneys from the gaming enforcement revolving fund to the department of public safety for fiscal year 2013-2014.
   The bill appropriates moneys from the wireless E911 emergency communications fund to the homeland security and emergency management division of the department of public defense for fiscal year 2013-2014.
   The bill creates a statewide public safety broadband interoperability communications fund under the control of the department of public safety in new Code section 80.44. The moneys credited to the fund are appropriated to the department of public safety for the planning and development of a statewide public safety broadband interoperability communications system. The fund is created upon enactment.
   The bill increases the amount the attorney general may be reimbursed from the second-injury fund in Code section 85.67 from $150,000 to $215,000 for services provided to the fund.
   The bill amends Code sections 99D.14 and 99F.10, relating to the regulatory fee paid to the state by a racetrack enclosure, excursion gambling boat, and gambling structure for the security provided by a special agent and gaming enforcement officer.
   Under the bill, between July 1, 2014, and June 30, 2017, the division of criminal investigation of the department of public safety may add one additional special agent for each excursion gambling boat or gambling structure if at least two gaming enforcement officer full-time equivalent positions for that excursion gambling boat or gambling structure are vacant. The bill prohibits the division of criminal investigation from filling vacant gaming enforcement officer positions after June 30, 2014. Under current law, two special agents and four to five gaming enforcement officers are assigned to each excursion gambling boat or gambling structure. 
   On or after July 1, 2017, the bill specifies that no more than three special agents shall be assigned to each excursion gambling boat or gambling structure, and eliminates the requirement that an excursion gambling boat or gambling structure have any gaming enforcement officers assigned to each facility.
   On or after July 1, 2014, the bill requires that a racetrack enclosure shall have no more than three special agents assigned to each racetrack. Current law requires that each racetrack enclosure have no more than two special agents assigned to each racetrack. However, each racetrack enclosure in the state has been issued a table game license and would be authorized to three special agents assigned to the facility pursuant to the bill’s amendment to Code section 99D.14(2)(a).
   The bill and current law also specify that an excursion gambling boat or gambling structure shall pay any direct and indirect support costs for the agents. The bill specifies that the direct costs shall include no more than four special agents in charge in the aggregate for purposes of supervising agents under Code chapters 99D (racetrack enclosure) and 99F (excursion gambling boat and gambling structure).
   The bill requires by January 1, 2015, and every year thereafter, the division of criminal investigation provide a report to the racing and gaming commission detailing the activities of the division during the previous fiscal year for each racetrack enclosure, excursion gambling boat, and gambling structure.
   The bill strikes the repeal of the mortgage mediation assistance service administered by the attorney general in Code section 654.4B. Under current law, the mortgage mediation assistance service is repealed June 30, 2013.
   The bill codifies an increased amount the department of justice may use from the consumer education and litigation fund for public education relating to consumer fraud under Code section 714.6C. The amount increased under the bill equals the amount that was used for public education relating to consumer fraud in the previous fiscal year by the department of justice in accordance with 2012 Iowa Acts, chapter 134.
   The bill amends the 2011 and 2012 Iowa Acts to allow moneys appropriated to the department of public safety for costs associated with the training and operation of the statewide interoperable communications system board as determined by the department to be either used for salaries and contracts related to the board or to be deposited into the statewide public safety broadband interoperability communications fund created in the bill.
   The bill repeals the Iowa corrections offender network fund in Code section 904.118 and transfers any remaining balances or unobligated funds to the general fund of the state. The transfer provision takes effect upon enactment.