Senate Study Bill 1249 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY SENATE APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM) (SUCCESSOR TO LSB 1005SA) A BILL FOR An Act relating to appropriations to the justice system and 1 including effective dates. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1005SB (1) 85 jm/jp
S.F. _____ Section 1. DEPARTMENT OF JUSTICE. 1 1. There is appropriated from the general fund of the state 2 to the department of justice for the fiscal year beginning July 3 1, 2013, and ending June 30, 2014, the following amounts, or 4 so much thereof as is necessary, to be used for the purposes 5 designated: 6 a. For the general office of attorney general for salaries, 7 support, maintenance, and miscellaneous purposes, including 8 the prosecuting attorneys training program, matching funds 9 for federal violence against women grant programs, victim 10 assistance grants, office of drug control policy prosecuting 11 attorney program, and odometer fraud enforcement, and for not 12 more than the following full-time equivalent positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,967,930 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 214.00 15 It is the intent of the general assembly that as a condition 16 of receiving the appropriation provided in this lettered 17 paragraph, the department of justice shall maintain a record 18 of the estimated time incurred representing each agency or 19 department. 20 b. For victim assistance grants: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,876,400 22 The funds appropriated in this lettered paragraph shall be 23 used to provide grants to care providers providing services to 24 crime victims of domestic abuse or to crime victims of rape and 25 sexual assault. The department of justice shall not require a 26 care provider to close a shelter as a condition of receiving a 27 grant pursuant to this paragraph. 28 The balance of the victim compensation fund established in 29 section 915.94 may be used to provide salary and support of not 30 more than 24.00 FTEs and to provide maintenance for the victim 31 compensation functions of the department of justice. 32 The department of justice shall transfer at least $150,000 33 from the victim compensation fund established in section 915.94 34 to the victim assistance grant program. 35 -1- LSB 1005SB (1) 85 jm/jp 1/ 22
S.F. _____ Notwithstanding section 8.33, moneys appropriated in this 1 paragraph that remain unencumbered or unobligated at the close 2 of the fiscal year shall not revert but shall remain available 3 for expenditure for the purposes designated until the close of 4 the succeeding fiscal year. 5 c. For legal services for persons in poverty grants as 6 provided in section 13.34: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,400,000 8 2. a. The department of justice, in submitting budget 9 estimates for the fiscal year commencing July 1, 2014, pursuant 10 to section 8.23, shall include a report of funding from sources 11 other than amounts appropriated directly from the general fund 12 of the state to the department of justice or to the office of 13 consumer advocate. These funding sources shall include but 14 are not limited to reimbursements from other state agencies, 15 commissions, boards, or similar entities, and reimbursements 16 from special funds or internal accounts within the department 17 of justice. The department of justice shall also report actual 18 reimbursements for the fiscal year commencing July 1, 2012, 19 and actual and expected reimbursements for the fiscal year 20 commencing July 1, 2013. 21 b. The department of justice shall include the report 22 required under paragraph “a”, as well as information regarding 23 any revisions occurring as a result of reimbursements actually 24 received or expected at a later date, in a report to the 25 co-chairpersons and ranking members of the joint appropriations 26 subcommittee on the justice system and the legislative services 27 agency. The department of justice shall submit the report on 28 or before January 15, 2014. 29 Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated 30 from the department of commerce revolving fund created in 31 section 546.12 to the office of consumer advocate of the 32 department of justice for the fiscal year beginning July 1, 33 2013, and ending June 30, 2014, the following amount, or so 34 much thereof as is necessary, to be used for the purposes 35 -2- LSB 1005SB (1) 85 jm/jp 2/ 22
S.F. _____ designated: 1 For salaries, support, maintenance, miscellaneous purposes, 2 and for not more than the following full-time equivalent 3 positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,136,163 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 6 Sec. 3. DEPARTMENT OF CORRECTIONS —— FACILITIES. 7 1. There is appropriated from the general fund of the 8 state to the department of corrections for the fiscal year 9 beginning July 1, 2013, and ending June 30, 2014, the following 10 amounts, or so much thereof as is necessary, to be used for the 11 operation of adult correctional institutions, reimbursement 12 of counties for certain confinement costs, and federal prison 13 reimbursement, to be allocated as follows: 14 a. For the operation of the Fort Madison correctional 15 facility, including salaries, support, maintenance, and 16 miscellaneous purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 51,645,396 18 The department shall operate the clinical care unit at a 19 capacity of at least 160 beds. The department shall also 20 operate the John Bennett unit to house minimum security 21 inmates until the bunkhouse at farm one, Fort Madison, has been 22 renovated or replaced. 23 The department of corrections shall submit, to the 24 co-chairpersons and ranking members of the joint appropriations 25 subcommittee on the justice system by January 15, 2014, the 26 plans for the integration of the John Bennett facility and the 27 clinical care unit into the new Fort Madison maximum security 28 correctional facility and the future plans for the use of the 29 current Fort Madison maximum security correctional facility 30 after the inmates are transferred to the new facility. 31 b. For the operation of the Anamosa correctional facility, 32 including salaries, support, maintenance, and miscellaneous 33 purposes: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,183,850 35 -3- LSB 1005SB (1) 85 jm/jp 3/ 22
S.F. _____ c. For the operation of the Luster Heights prison camp: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,643,039 2 d. For the operation of the Oakdale correctional facility, 3 including salaries, support, maintenance, and miscellaneous 4 purposes: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 58,550,123 6 e. For the operation of the Newton correctional facility, 7 including salaries, support, maintenance, and miscellaneous 8 purposes: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,348,450 10 f. For the operation of the Mt. Pleasant correctional 11 facility, including salaries, support, maintenance, and 12 miscellaneous purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,573,157 14 g. For the operation of the Rockwell City correctional 15 facility, including salaries, support, maintenance, and 16 miscellaneous purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,836,698 18 h. For the operation of the Clarinda correctional facility, 19 including salaries, support, maintenance, and miscellaneous 20 purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,982,680 22 Moneys received by the department of corrections as 23 reimbursement for services provided to the Clarinda youth 24 corporation are appropriated to the department and shall be 25 used for the purpose of operating the Clarinda correctional 26 facility. 27 i. For the operation of the Mitchellville correctional 28 facility, including salaries, support, maintenance, and 29 miscellaneous purposes: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,088,953 31 j. For the operation of the Fort Dodge correctional 32 facility, including salaries, support, maintenance, and 33 miscellaneous purposes: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,157,258 35 -4- LSB 1005SB (1) 85 jm/jp 4/ 22
S.F. _____ k. For reimbursement of counties for temporary confinement 1 of work release and parole violators, as provided in sections 2 901.7, 904.908, and 906.17, and for offenders confined pursuant 3 to section 904.513: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,075,092 5 l. For federal prison reimbursement, reimbursements for 6 out-of-state placements, and miscellaneous contracts: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 484,411 8 2. The department of corrections shall use moneys 9 appropriated in subsection 1 to continue to contract for the 10 services of a Muslim imam and a Native American spiritual 11 leader. 12 Sec. 4. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. There 13 is appropriated from the general fund of the state to the 14 department of corrections for the fiscal year beginning July 15 1, 2013, and ending June 30, 2014, the following amounts, or 16 so much thereof as is necessary, to be used for the purposes 17 designated: 18 1. For general administration, including salaries, support, 19 maintenance, employment of an education director to administer 20 a centralized education program for the correctional system, 21 and miscellaneous purposes: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,831,582 23 a. It is the intent of the general assembly that as a 24 condition of receiving the appropriation provided in this 25 lettered paragraph the department of corrections shall not, 26 except as otherwise provided in paragraph “c”, enter into a 27 new contract, unless the contract is a renewal of an existing 28 contract, for the expenditure of moneys in excess of $100,000 29 during the fiscal year beginning July 1, 2013, for the 30 privatization of services performed by the department using 31 state employees as of July 1, 2013, or for the privatization 32 of new services by the department without prior consultation 33 with any applicable state employee organization affected 34 by the proposed new contract and prior notification of the 35 -5- LSB 1005SB (1) 85 jm/jp 5/ 22
S.F. _____ co-chairpersons and ranking members of the joint appropriations 1 subcommittee on the justice system. 2 b. It is the intent of the general assembly that each 3 lease negotiated by the department of corrections with a 4 private corporation for the purpose of providing private 5 industry employment of inmates in a correctional institution 6 shall prohibit the private corporation from utilizing inmate 7 labor for partisan political purposes for any person seeking 8 election to public office in this state and that a violation 9 of this requirement shall result in a termination of the lease 10 agreement. 11 c. It is the intent of the general assembly that as a 12 condition of receiving the appropriation provided in this 13 subsection the department of corrections shall not enter into 14 a lease or contractual agreement pursuant to section 904.809 15 with a private corporation for the use of building space for 16 the purpose of providing inmate employment without providing 17 that the terms of the lease or contract establish safeguards to 18 restrict, to the greatest extent feasible, access by inmates 19 working for the private corporation to personal identifying 20 information of citizens. 21 2. For educational programs for inmates at state penal 22 institutions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,858,109 24 a. As a condition of receiving the appropriation in this 25 subsection, the department of corrections shall transfer at 26 least $150,000 from the canteen operating funds established 27 pursuant to section 904.310 to be used for correctional 28 educational programs funded in this subsection. 29 b. It is the intent of the general assembly that moneys 30 appropriated in this subsection shall be used solely for the 31 purpose indicated and that the moneys shall not be transferred 32 for any other purpose. In addition, it is the intent of the 33 general assembly that the department shall consult with the 34 community colleges in the areas in which the institutions are 35 -6- LSB 1005SB (1) 85 jm/jp 6/ 22
S.F. _____ located to utilize moneys appropriated in this subsection 1 to fund the high school completion, high school equivalency 2 diploma, adult literacy, and adult basic education programs in 3 a manner so as to maintain these programs at the institutions. 4 c. 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 d. The director of the department of corrections may 10 transfer moneys from Iowa prison industries for use in 11 supporting educational programs for inmates. 12 e. Notwithstanding section 8.33, moneys appropriated in 13 this subsection that remain unobligated or unexpended at the 14 close of the fiscal year shall not revert but shall remain 15 available to be used only for the purposes designated in this 16 subsection until the close of the succeeding fiscal year. 17 3. For the development of the Iowa corrections offender 18 network (ICON) data system: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 20 4. For offender mental health and substance abuse 21 treatment: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,319 23 5. For viral hepatitis prevention and treatment: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 167,881 25 6. It is the intent of the general assembly that for 26 the fiscal year addressed by this section the department of 27 corrections shall continue to operate the correctional farms 28 under the control of the department at the same or greater 29 level of participation and involvement as existed as of January 30 1, 2011; shall not enter into any rental agreement or contract 31 concerning any farmland under the control of the department 32 that is not subject to a rental agreement or contract as of 33 January 1, 2011, without prior legislative approval; and 34 shall further attempt to provide job opportunities at the 35 -7- LSB 1005SB (1) 85 jm/jp 7/ 22
S.F. _____ farms for inmates. The department shall attempt to provide 1 job opportunities at the farms for inmates by encouraging 2 labor-intensive farming or gardening where appropriate; using 3 inmates to grow produce and meat for institutional consumption; 4 researching the possibility of instituting food canning 5 and cook-and-chill operations; and exploring opportunities 6 for organic farming and gardening, livestock ventures, 7 horticulture, and specialized crops. 8 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 9 SERVICES. 10 1. There is appropriated from the general fund of the state 11 to the department of corrections for the fiscal year beginning 12 July 1, 2013, and ending June 30, 2014, for salaries, support, 13 maintenance, and miscellaneous purposes, the following amounts, 14 or so much thereof as is necessary, to be allocated as follows: 15 a. For the first judicial district department of 16 correctional services: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,099,085 18 b. For the second judicial district department of 19 correctional services: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,099,457 21 c. For the third judicial district department of 22 correctional services: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,105,865 24 d. For the fourth judicial district department of 25 correctional services: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,552,458 27 e. For the fifth judicial district department of 28 correctional services, including funding for electronic 29 monitoring devices for use on a statewide basis: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,367,463 31 f. For the sixth judicial district department of 32 correctional services: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,461,170 34 g. For the seventh judicial district department of 35 -8- LSB 1005SB (1) 85 jm/jp 8/ 22
S.F. _____ correctional services: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,609,781 2 h. For the eighth judicial district department of 3 correctional services: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,206,613 5 2. Each judicial district department of correctional 6 services, within the funding available, shall continue programs 7 and plans established within that district to provide for 8 intensive supervision, sex offender treatment, diversion of 9 low-risk offenders to the least restrictive sanction available, 10 job development, and expanded use of intermediate criminal 11 sanctions. 12 3. Each judicial district department of correctional 13 services shall provide alternatives to prison consistent with 14 chapter 901B. The alternatives to prison shall ensure public 15 safety while providing maximum rehabilitation to the offender. 16 A judicial district department of correctional services may 17 also establish a day program. 18 4. The governor’s office of drug control policy shall 19 consider federal grants made to the department of corrections 20 for the benefit of each of the eight judicial district 21 departments of correctional services as local government 22 grants, as defined pursuant to federal regulations. 23 5. The department of corrections shall continue to contract 24 with a judicial district department of correctional services to 25 provide for the rental of electronic monitoring equipment which 26 shall be available statewide. 27 Sec. 6. DEPARTMENT OF CORRECTIONS —— REALLOCATION OF 28 APPROPRIATIONS. Notwithstanding section 8.39, within the 29 moneys appropriated in this division of this Act to the 30 department of corrections, the department may reallocate the 31 moneys appropriated and allocated as necessary to best fulfill 32 the needs of the correctional institutions, administration 33 of the department, and the judicial district departments of 34 correctional services. However, in addition to complying with 35 -9- LSB 1005SB (1) 85 jm/jp 9/ 22
S.F. _____ the requirements of sections 904.116 and 905.8 and providing 1 notice to the legislative services agency and the chairpersons 2 and ranking members of the joint appropriations subcommittee 3 on the justice system, the department of corrections shall 4 also provide notice to the department of management, prior 5 to the effective date of the revision or reallocation of an 6 appropriation made pursuant to this section. The department of 7 corrections shall not reallocate an appropriation or allocation 8 for the purpose of eliminating any program. 9 Sec. 7. INTENT —— REPORTS. 10 1. The department of corrections in cooperation with 11 townships, the Iowa cemetery associations, and other nonprofit 12 or governmental entities may use inmate labor during the 13 fiscal year beginning July 1, 2013, to restore or preserve 14 rural cemeteries and historical landmarks. The department in 15 cooperation with the counties may also use inmate labor to 16 clean up roads, major water sources, and other water sources 17 around the state. 18 2. On a quarterly basis the department shall provide a 19 status report regarding private-sector employment to the 20 legislative services agency beginning on July 1, 2013. The 21 report shall include the number of offenders employed in the 22 private sector, the combined number of hours worked by the 23 offenders, the total amount of allowances, and the distribution 24 of allowances pursuant to section 904.702, including any moneys 25 deposited in the general fund of the state. 26 Sec. 8. ELECTRONIC MONITORING REPORT. The department of 27 corrections shall submit a report on electronic monitoring to 28 the general assembly, to the co-chairpersons and the ranking 29 members of the joint appropriations subcommittee on the justice 30 system, and to the legislative services agency by January 31 15, 2014. The report shall specifically address the number 32 of persons being electronically monitored and break down the 33 number of persons being electronically monitored by offense 34 committed. The report shall also include a comparison of any 35 -10- LSB 1005SB (1) 85 jm/jp 10/ 22
S.F. _____ data from the prior fiscal year with the current year. 1 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 2 1. As used in this section, unless the context otherwise 3 requires, “state agency” means the government of the state 4 of Iowa, including but not limited to all executive branch 5 departments, agencies, boards, bureaus, and commissions, the 6 judicial branch, the general assembly and all legislative 7 agencies, institutions within the purview of the state board of 8 regents, and any corporation whose primary function is to act 9 as an instrumentality of the state. 10 2. State agencies are hereby encouraged to purchase 11 products from Iowa state industries, as defined in section 12 904.802, when purchases are required and the products are 13 available from Iowa state industries. State agencies shall 14 obtain bids from Iowa state industries for purchases of 15 office furniture during the fiscal year beginning July 1, 16 2013, exceeding $5,000 or in accordance with applicable 17 administrative rules related to purchases for the agency. 18 Sec. 10. IOWA LAW ENFORCEMENT ACADEMY. 19 1. There is appropriated from the general fund of the 20 state to the Iowa law enforcement academy for the fiscal year 21 beginning July 1, 2013, and ending June 30, 2014, the following 22 amount, or so much thereof as is necessary, to be used for the 23 purposes designated: 24 For salaries, support, maintenance, miscellaneous purposes, 25 including jailer training and technical assistance, and for not 26 more than the following full-time equivalent positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,001,698 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 23.88 29 It is the intent of the general assembly that the Iowa law 30 enforcement academy may provide training of state and local 31 law enforcement personnel concerning the recognition of and 32 response to persons with Alzheimer’s disease. 33 The Iowa law enforcement academy may temporarily exceed and 34 draw more than the amount appropriated in this subsection and 35 -11- LSB 1005SB (1) 85 jm/jp 11/ 22
S.F. _____ incur a negative cash balance as long as there are receivables 1 equal to or greater than the negative balance and the amount 2 appropriated in this subsection is not exceeded at the close 3 of the fiscal year. 4 2. The Iowa law enforcement academy may select at least 5 five automobiles of the department of public safety, division 6 of state patrol, prior to turning over the automobiles to 7 the department of administrative services to be disposed 8 of by public auction, and the Iowa law enforcement academy 9 may exchange any automobile owned by the academy for each 10 automobile selected if the selected automobile is used in 11 training law enforcement officers at the academy. However, any 12 automobile exchanged by the academy shall be substituted for 13 the selected vehicle of the department of public safety and 14 sold by public auction with the receipts being deposited in the 15 depreciation fund to the credit of the department of public 16 safety, division of state patrol. 17 Sec. 11. STATE PUBLIC DEFENDER. There is appropriated from 18 the general fund of the state to the office of the state public 19 defender of the department of inspections and appeals for the 20 fiscal year beginning July 1, 2013, and ending June 30, 2014, 21 the following amounts, or so much thereof as is necessary, to 22 be allocated as follows for the purposes designated: 23 1. For salaries, support, maintenance, miscellaneous 24 purposes, and for not more than the following full-time 25 equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,862,182 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 219.00 28 2. For payments on behalf of eligible adults and juveniles 29 from the indigent defense fund, in accordance with section 30 815.11: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,901,929 32 Sec. 12. BOARD OF PAROLE. There is appropriated from the 33 general fund of the state to the board of parole for the fiscal 34 year beginning July 1, 2013, and ending June 30, 2014, the 35 -12- LSB 1005SB (1) 85 jm/jp 12/ 22
S.F. _____ following amount, or so much thereof as is necessary, to be 1 used for the purposes designated: 2 For salaries, support, maintenance, miscellaneous purposes, 3 and for not more than the following full-time equivalent 4 positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,203,835 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 11.00 7 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE. There is 8 appropriated from the general fund of the state to the 9 department of public defense for the fiscal year beginning July 10 1, 2013, and ending June 30, 2014, the following amounts, or 11 so much thereof as is necessary, to be used for the purposes 12 designated: 13 1. MILITARY DIVISION 14 For salaries, support, maintenance, miscellaneous purposes, 15 and for not more than the following full-time equivalent 16 positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,527,042 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 293.61 19 The military division may temporarily exceed and draw more 20 than the amount appropriated in this subsection and incur a 21 negative cash balance as long as there are receivables of 22 federal funds equal to or greater than the negative balance and 23 the amount appropriated in this subsection is not exceeded at 24 the close of the fiscal year. 25 2. HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION OR 26 SUCCESSOR AGENCY 27 For salaries, support, maintenance, miscellaneous purposes, 28 and for not more than the following full-time equivalent 29 positions: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,174,277 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 33.40 32 The homeland security and emergency management division or 33 successor agency may temporarily exceed and draw more than the 34 amount appropriated in this subsection and incur a negative 35 -13- LSB 1005SB (1) 85 jm/jp 13/ 22
S.F. _____ cash balance as long as there are receivables of federal funds 1 equal to or greater than the negative balance and the amount 2 appropriated in this subsection is not exceeded at the close 3 of the fiscal year. 4 Sec. 14. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 5 from the general fund of the state to the department of public 6 safety for the fiscal year beginning July 1, 2013, and ending 7 June 30, 2014, the following amounts, or so much thereof as is 8 necessary, to be used for the purposes designated: 9 1. For the department’s administrative functions, including 10 the criminal justice information system, and for not more than 11 the following full-time equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,067,054 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 38.00 14 2. For the division of criminal investigation, including 15 the state’s contribution to the peace officers’ retirement, 16 accident, and disability system provided in chapter 97A in the 17 amount of the state’s normal contribution rate, as defined in 18 section 97A.8, multiplied by the salaries for which the moneys 19 are appropriated, to meet federal fund matching requirements, 20 and for not more than the following full-time equivalent 21 positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,933,414 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 149.60 24 The department, within available funding, shall investigate 25 cold cases involving murder and other criminal offenses. 26 3. For the criminalistics laboratory fund created in 27 section 691.9: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 302,345 29 4. a. For the division of narcotics enforcement, including 30 the state’s contribution to the peace officers’ retirement, 31 accident, and disability system provided in chapter 97A in the 32 amount of the state’s normal contribution rate, as defined in 33 section 97A.8, multiplied by the salaries for which the moneys 34 are appropriated, to meet federal fund matching requirements, 35 -14- LSB 1005SB (1) 85 jm/jp 14/ 22
S.F. _____ and for not more than the following full-time equivalent 1 positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,755,855 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 66.00 4 b. For the division of narcotics enforcement for undercover 5 purchases: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 109,042 7 5. For the division of state fire marshal, for fire 8 protection services as provided through the state fire service 9 and emergency response council as created in the department, 10 and for the state’s contribution to the peace officers’ 11 retirement, accident, and disability system provided in chapter 12 97A in the amount of the state’s normal contribution rate, 13 as defined in section 97A.8, multiplied by the salaries for 14 which the moneys are appropriated, and for not more than the 15 following full-time equivalent positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,470,556 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 53.00 18 6. For the division of state patrol, for salaries, support, 19 maintenance, workers’ compensation costs, and miscellaneous 20 purposes, including the state’s contribution to the peace 21 officers’ retirement, accident, and disability system provided 22 in chapter 97A in the amount of the state’s normal contribution 23 rate, as defined in section 97A.8, multiplied by the salaries 24 for which the moneys are appropriated, and for not more than 25 the following full-time equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 57,036,208 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 506.22 28 7. For deposit in the sick leave benefits fund established 29 under section 80.42 for all departmental employees eligible to 30 receive benefits for accrued sick leave under the collective 31 bargaining agreement: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 279,517 33 8. For costs associated with the training and equipment 34 needs of volunteer fire fighters: 35 -15- LSB 1005SB (1) 85 jm/jp 15/ 22
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 725,520 1 a. Notwithstanding section 8.33, moneys appropriated in 2 this subsection that remain unencumbered or unobligated at the 3 close of the fiscal year shall not revert but shall remain 4 available for expenditure only for the purpose designated in 5 this subsection until the close of the succeeding fiscal year. 6 b. Notwithstanding section 8.39, the department of public 7 safety may reallocate moneys appropriated in this section 8 as necessary to best fulfill the needs provided for in the 9 appropriation. However, the department shall not reallocate 10 moneys appropriated to the department in this section unless 11 notice of the reallocation is given to the legislative services 12 agency, the chairpersons and ranking members of the joint 13 appropriations subcommittee on the justice system, and the 14 department of management prior to the effective date of the 15 reallocation. The notice shall include information regarding 16 the rationale for reallocating the moneys. The department 17 shall not reallocate moneys appropriated in this section for 18 the purpose of eliminating any program. 19 Sec. 15. GAMING ENFORCEMENT. 20 1. There is appropriated from the gaming enforcement 21 revolving fund created in section 80.43 to the department of 22 public safety for the fiscal year beginning July 1, 2013, and 23 ending June 30, 2014, the following amount, or so much thereof 24 as is necessary, to be used for the purposes designated: 25 For any direct support costs for agents and officers of 26 the division of criminal investigation’s excursion gambling 27 boat, gambling structure, and racetrack enclosure enforcement 28 activities, including salaries, support, maintenance, 29 miscellaneous purposes, and for not more than the following 30 full-time equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,898,008 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 115.00 33 2. For each additional license to conduct gambling games on 34 an excursion gambling boat, gambling structure, or racetrack 35 -16- LSB 1005SB (1) 85 jm/jp 16/ 22
S.F. _____ enclosure issued during the fiscal year beginning July 1, 2013, 1 there is appropriated from the gaming enforcement fund to the 2 department of public safety for the fiscal year beginning July 3 1, 2013, and ending June 30, 2014, an additional amount of not 4 more than $521,000 to be used for not more than 6.00 additional 5 full-time equivalent positions. 6 3. The department of public safety, with the approval 7 of the department of management, may employ no more than two 8 special agents and four gaming enforcement officers for each 9 additional riverboat or gambling structure regulated after July 10 1, 2013, and one special agent for each racing facility which 11 becomes operational during the fiscal year which begins July 1, 12 2013. One additional gaming enforcement officer, up to a total 13 of four per riverboat or gambling structure, may be employed 14 for each riverboat or gambling structure that has extended 15 operations to 24 hours and has not previously operated with a 16 24-hour schedule. Positions authorized in this subsection are 17 in addition to the full-time equivalent positions otherwise 18 authorized in this section. 19 Sec. 16. CIVIL RIGHTS COMMISSION. There is appropriated 20 from the general fund of the state to the Iowa state civil 21 rights commission for the fiscal year beginning July 1, 22 2013, and ending June 30, 2014, the following amount, or so 23 much thereof as is necessary, to be used for the purposes 24 designated: 25 For salaries, support, maintenance, miscellaneous purposes, 26 and for not more than the following full-time equivalent 27 positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,297,069 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.00 30 The Iowa state civil rights commission may enter into 31 a contract with a nonprofit organization to provide legal 32 assistance to resolve civil rights complaints. 33 Sec. 17. CRIMINAL AND JUVENILE JUSTICE PLANNING 34 DIVISION. There is appropriated from the general fund of the 35 -17- LSB 1005SB (1) 85 jm/jp 17/ 22
S.F. _____ state to the criminal and juvenile justice planning division of 1 the department of human rights for the fiscal year beginning 2 July 1, 2013, and ending June 30, 2014, the following amounts, 3 or so much thereof as is necessary, to be used for the purposes 4 designated: 5 For salaries, support, maintenance, and miscellaneous 6 purposes, and for not more than the following full-time 7 equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,260,105 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.81 10 The criminal and juvenile justice planning advisory council 11 and the juvenile justice advisory council shall coordinate 12 their efforts in carrying out their respective duties relative 13 to juvenile justice. 14 Sec. 18. HOMELAND SECURITY AND EMERGENCY MANAGEMENT 15 DIVISION OR SUCCESSOR AGENCY. There is appropriated from the 16 wireless E911 emergency communications fund created in section 17 34A.7A to the homeland security and emergency management 18 division of the department of public defense or successor 19 agency for the fiscal year beginning July 1, 2013, and ending 20 June 30, 2014, an amount not exceeding $250,000 to be used for 21 implementation, support, and maintenance of the functions of 22 the administrator and program manager under chapter 34A and to 23 employ the auditor of the state to perform an annual audit of 24 the wireless E911 emergency communications fund. 25 Sec. 19. NEW SECTION . 80.44 Public safety broadband 26 interoperability communications fund. 27 1. A statewide public safety broadband interoperability 28 communications fund is established in the office of the 29 treasurer of state under the control of the department of 30 public safety. Any moneys annually appropriated, granted, 31 or credited to the fund, including any federal moneys, are 32 appropriated to the department of public safety for the 33 planning and development of a statewide public safety broadband 34 interoperability communications system. 35 -18- LSB 1005SB (1) 85 jm/jp 18/ 22
S.F. _____ 2. Notwithstanding section 12C.7, subsection 2, interest 1 and earnings on moneys deposited in the fund shall be credited 2 to the fund. Notwithstanding section 8.33, moneys credited to 3 the fund shall not revert to any other fund but shall remain 4 available to be used for the purposes specified in subsection 5 1. 6 Sec. 20. Section 85.67, Code 2013, is amended to read as 7 follows: 8 85.67 Administration of fund —— special counsel —— payment of 9 award. 10 The attorney general shall appoint a staff member 11 to represent the treasurer of state and the fund in all 12 proceedings and matters arising under this division . The 13 attorney general shall be reimbursed up to one hundred fifty 14 two hundred fifteen thousand dollars annually from the fund 15 for services provided related to the fund. The commissioner 16 of insurance shall consider the reimbursement to the attorney 17 general as an outstanding liability when making a determination 18 of funding availability under section 85.65A, subsection 19 2 . In making an award under this division , the workers’ 20 compensation commissioner shall specifically find the amount 21 the injured employee shall be paid weekly, the number of weeks 22 of compensation which shall be paid by the employer, the date 23 upon which payments out of the fund shall begin, and, if 24 possible, the length of time the payments shall continue. 25 Sec. 21. Section 654.4B, subsection 2, paragraph b, Code 26 2013, is amended by striking the paragraph. 27 Sec. 22. Section 714.16C, subsection 2, Code 2013, is 28 amended to read as follows: 29 2. For each fiscal year, not more than one million one 30 hundred twenty-five eight hundred seventy-five thousand dollars 31 is appropriated from the fund to the department of justice to 32 be used for public education relating to consumer fraud and for 33 enforcement of section 714.16 and federal consumer laws, and 34 not more than seventy-five one hundred twenty-five thousand 35 -19- LSB 1005SB (1) 85 jm/jp 19/ 22
S.F. _____ dollars is appropriated from the fund to the department of 1 justice to be used for investigation, prosecution, and consumer 2 education relating to consumer and criminal fraud committed 3 against older Iowans. 4 Sec. 23. 2011 Iowa Acts, chapter 134, section 43, subsection 5 9, as amended by 2012 Iowa Acts, chapter 1134, section 10, is 6 amended to read as follows: 7 9. For costs associated with the training and operation 8 of the statewide interoperable communications system board 9 excluding salaries and contracts or deposit in the statewide 10 public safety broadband interoperability communications fund 11 established by this 2013 Act in section 80.44, as determined 12 by the department : 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 48,000 14 Sec. 24. IOWA CORRECTIONS OFFENDER NETWORK —— 15 FUND. Notwithstanding any provision of law to the contrary, 16 the unencumbered or unobligated balance of the Iowa corrections 17 offender network fund at the close of the fiscal year beginning 18 July 1, 2012, or the close of any succeeding fiscal year that 19 would otherwise be required by law to revert to, be deposited 20 in, or to be credited to the Iowa offender network fund shall 21 instead be credited to the general fund of the state. 22 Sec. 25. REPEAL. Section 904.118, Code 2013, is repealed. 23 Sec. 26. EFFECTIVE UPON ENACTMENT. The following 24 provision or provisions of this Act, being deemed of immediate 25 importance, take effect upon enactment: 26 1. The section of this Act amending 2011 Iowa Acts, chapter 27 134, section 43, subsection 9, as amended by 2012 Iowa Acts, 28 chapter 1134, section 10. 29 2. The section of this Act enacting the section tentatively 30 numbered 80.44. 31 3. The section of this Act relating to the balance of the 32 Iowa corrections offender network fund. 33 EXPLANATION 34 This bill relates to and makes appropriations to the justice 35 -20- LSB 1005SB (1) 85 jm/jp 20/ 22
S.F. _____ system. 1 The bill makes appropriations from the general fund of the 2 state for fiscal year 2013-2014 to the departments of justice, 3 corrections, public defense, and public safety, and the Iowa 4 law enforcement academy, office of the state public defender, 5 board of parole, Iowa state civil rights commission, and the 6 criminal and juvenile justice planning division. 7 The bill appropriates moneys from the department of commerce 8 revolving fund to the office of consumer advocate of the 9 department of justice for fiscal year 2013-2014. 10 The bill also appropriates moneys from the gaming 11 enforcement revolving fund to the department of public safety 12 for fiscal year 2013-2014. 13 The bill appropriates moneys from the wireless E911 14 emergency communications fund to the homeland security and 15 emergency management division of the department of public 16 defense for fiscal year 2013-2014. 17 The bill creates a statewide public safety broadband 18 interoperability communications fund under the control of 19 the department of public safety in new Code section 80.44. 20 The moneys credited to the fund are appropriated to the 21 department of public safety for the planning and development 22 of a statewide public safety broadband interoperability 23 communications system. The fund is created upon enactment. 24 The bill increases the amount the attorney general may be 25 reimbursed from the second-injury fund in Code section 85.67 26 from $150,000 to $215,000 for services provided to the fund. 27 The bill strikes the repeal of the mortgage mediation 28 assistance service administered by the attorney general in Code 29 section 654.4B. Under current law, the mortgage mediation 30 assistance service is repealed June 30, 2013. 31 The bill codifies an increased amount the department of 32 justice may use from the consumer education and litigation fund 33 for public education relating to consumer fraud under Code 34 section 714.6C. The amount increased under the bill equals the 35 -21- LSB 1005SB (1) 85 jm/jp 21/ 22
S.F. _____ amount that was used for public education relating to consumer 1 fraud in the previous fiscal year by the department of justice 2 in accordance with 2012 Iowa Acts, chapter 134. 3 The bill amends the 2011 and 2012 Iowa Acts to allow moneys 4 appropriated to the department of public safety for costs 5 associated with the training and operation of the statewide 6 interoperable communications system board as determined by the 7 department to be either used for salaries and contracts related 8 to the board or to be deposited into the statewide public 9 safety broadband interoperability communications fund created 10 in the bill. 11 The bill repeals the Iowa corrections offender network fund 12 in Code section 904.118 and transfers any remaining balances 13 or unobligated funds to the general fund of the state. The 14 transfer provision takes effect upon enactment. 15 -22- LSB 1005SB (1) 85 jm/jp 22/ 22