Senate Study Bill 3159 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR BUDGET BILL) A BILL FOR An Act relating to appropriations to the justice system, and 1 including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5025XG (8) 86 jm/tm
S.F. _____ H.F. _____ DIVISION I 1 FY 2016-2017 APPROPRIATIONS AND STATUTORY CHANGES 2 Section 1. 2015 Iowa Acts, chapter 135, section 23, is 3 amended to read as follows: 4 SEC. 23. DEPARTMENT OF JUSTICE. 5 1. There is appropriated from the general fund of the state 6 to the department of justice for the fiscal year beginning July 7 1, 2016, and ending June 30, 2017, the following amounts, or 8 so much thereof as is necessary, to be used for the purposes 9 designated: 10 a. For the general office of attorney general for salaries, 11 support, maintenance, and miscellaneous purposes, including 12 the prosecuting attorneys training program, matching funds 13 for federal violence against women grant programs, victim 14 assistance grants, office of drug control policy prosecuting 15 attorney program, and odometer fraud enforcement, and for not 16 more than the following full-time equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,994,953 18 7,989,905 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 214.00 20 215.00 21 As a condition of receiving the appropriation provided 22 in this lettered paragraph, the department of justice shall 23 maintain a record of the estimated time incurred representing 24 each agency or department. 25 b. For victim assistance grants: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,367,200 27 6,734,400 28 The moneys appropriated in this lettered paragraph shall be 29 used to provide grants to care providers providing services to 30 crime victims of domestic abuse or to crime victims of rape and 31 sexual assault. 32 The balance of the victim compensation fund established in 33 section 915.94 may be used to provide salary and support of 34 not more than 24 29.00 FTEs and to provide maintenance for the 35 -1- LSB 5025XG (8) 86 jm/tm 1/ 23
S.F. _____ H.F. _____ victim compensation functions of the department of justice. 1 The department of justice shall transfer at least $150,000 2 from the victim compensation fund established in section 915.94 3 to the victim assistance grant program. 4 Notwithstanding section 8.33 , moneys appropriated in this 5 paragraph “b” that remain unencumbered or unobligated at the 6 close of the fiscal year shall not revert but shall remain 7 available for expenditure for the purposes designated until the 8 close of the succeeding fiscal year. 9 c. For legal services for persons in poverty grants as 10 provided in section 13.34 : 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,200,000 12 2,400,000 13 2. a. The department of justice, in submitting budget 14 estimates for the fiscal year commencing July 1, 2017, pursuant 15 to section 8.23 , shall include a report of funding from sources 16 other than amounts appropriated directly from the general fund 17 of the state to the department of justice or to the office of 18 consumer advocate. These funding sources shall include but 19 are not limited to reimbursements from other state agencies, 20 commissions, boards, or similar entities, and reimbursements 21 from special funds or internal accounts within the department 22 of justice. The department of justice shall also report actual 23 reimbursements for the fiscal year commencing July 1, 2015, 24 and actual and expected reimbursements for the fiscal year 25 commencing July 1, 2016. 26 b. The department of justice shall include the report 27 required under paragraph “a”, as well as information regarding 28 any revisions occurring as a result of reimbursements actually 29 received or expected at a later date, in a report to the 30 co-chairpersons and ranking members of the joint appropriations 31 subcommittee on the justice system and the legislative services 32 agency. The department of justice shall submit the report on 33 or before January 15, 2017. 34 3. a. The department of justice shall reimburse the 35 -2- LSB 5025XG (8) 86 jm/tm 2/ 23
S.F. _____ H.F. _____ costs and necessary related expenses incurred by the Iowa 1 law enforcement academy to employ one additional instructor 2 position who shall provide training for domestic abuse and 3 human trafficking-related issues throughout the state. 4 b. The department of justice shall obtain the moneys 5 necessary to reimburse the Iowa law enforcement academy to 6 employ such an instructor from unrestricted moneys from either 7 the victim compensation fund established in section 915.94, the 8 human trafficking victim fund established in section 915.95, or 9 the human trafficking enforcement fund established in 2015 Iowa 10 Acts, ch. 138, §141. 11 Sec. 2. 2015 Iowa Acts, chapter 135, section 24, is amended 12 to read as follows: 13 SEC. 24. OFFICE OF CONSUMER ADVOCATE. There is appropriated 14 from the department of commerce revolving fund created in 15 section 546.12 to the office of consumer advocate of the 16 department of justice for the fiscal year beginning July 1, 17 2016, and ending June 30, 2017, the following amount, or so 18 much thereof as is necessary, to be used for the purposes 19 designated: 20 For salaries, support, maintenance, and miscellaneous 21 purposes, and for not more than the following full-time 22 equivalent positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,568,794 24 3,137,588 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 26 Sec. 3. 2015 Iowa Acts, chapter 135, section 25, is amended 27 to read as follows: 28 SEC. 25. DEPARTMENT OF CORRECTIONS —— FACILITIES. 29 1. There is appropriated from the general fund of the state 30 to the department of corrections for the fiscal year beginning 31 July 1, 2016, and ending June 30, 2017, the following amounts, 32 or so much thereof as is necessary, to be used for the purposes 33 designated: 34 a. For the operation of the Fort Madison correctional 35 -3- LSB 5025XG (8) 86 jm/tm 3/ 23
S.F. _____ H.F. _____ facility, including salaries, support, maintenance, and 1 miscellaneous purposes: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,885,801 3 43,771,602 4 b. For the operation of the Anamosa correctional facility, 5 including salaries, support, maintenance, and miscellaneous 6 purposes: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,834,127 8 33,668,253 9 It is the intent of the general assembly that the department 10 of corrections maintain and operate the Luster Heights prison 11 camp. 12 c. For the operation of the Oakdale correctional facility, 13 including salaries, support, maintenance, and miscellaneous 14 purposes: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,079,046 16 60,158,092 17 d. For the operation of the Newton correctional facility, 18 including salaries, support, maintenance, and miscellaneous 19 purposes: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,786,054 21 27,974,048 22 e. For the operation of the Mount Pleasant correctional 23 facility, including salaries, support, maintenance, and 24 miscellaneous purposes: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,680,067 26 24,958,195 27 f. For the operation of the Rockwell City correctional 28 facility, including salaries, support, maintenance, and 29 miscellaneous purposes: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,918,177 31 9,836,353 32 g. For the operation of the Clarinda correctional facility, 33 including salaries, support, maintenance, and miscellaneous 34 purposes: 35 -4- LSB 5025XG (8) 86 jm/tm 4/ 23
S.F. _____ H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,966,715 1 25,933,430 2 Moneys received by the department of corrections as 3 reimbursement for services provided to the Clarinda youth 4 corporation are appropriated to the department and shall be 5 used for the purpose of operating the Clarinda correctional 6 facility. 7 h. For the operation of the Mitchellville correctional 8 facility, including salaries, support, maintenance, and 9 miscellaneous purposes: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,322,985 11 22,645,970 12 i. For the operation of the Fort Dodge correctional 13 facility, including salaries, support, maintenance, and 14 miscellaneous purposes: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,048,824 16 30,097,648 17 j. For reimbursement of counties for temporary confinement 18 of work release and parole violators, as provided in sections 19 901.7 , 904.908 , and 906.17 , and for offenders confined pursuant 20 to section 904.513 : 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 537,546 22 1,075,092 23 k. For federal prison reimbursement, reimbursements for 24 out-of-state placements, and miscellaneous contracts: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 242,205 26 484,411 27 2. The department of corrections shall use moneys 28 appropriated in subsection 1 to continue to contract for the 29 services of a Muslim imam and a Native American spiritual 30 leader. 31 Sec. 4. 2015 Iowa Acts, chapter 135, section 26, is amended 32 to read as follows: 33 SEC. 26. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. 34 There is appropriated from the general fund of the state to the 35 -5- LSB 5025XG (8) 86 jm/tm 5/ 23
S.F. _____ H.F. _____ department of corrections for the fiscal year beginning July 1 1, 2016, and ending June 30, 2017, the following amounts, or 2 so much thereof as is necessary, to be used for the purposes 3 designated: 4 1. For general administration, including salaries, support, 5 maintenance, employment of an education director to administer 6 a centralized education program for the correctional system, 7 and miscellaneous purposes: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,635,005 9 5,270,010 10 a. It is the intent of the general assembly that each 11 lease negotiated by the department of corrections with a 12 private corporation for the purpose of providing private 13 industry employment of inmates in a correctional institution 14 shall prohibit the private corporation from utilizing inmate 15 labor for partisan political purposes for any person seeking 16 election to public office in this state and that a violation 17 of this requirement shall result in a termination of the lease 18 agreement. 19 b. It is the intent of the general assembly that as a 20 condition of receiving the appropriation provided in this 21 subsection the department of corrections shall not enter into 22 a lease or contractual agreement pursuant to section 904.809 23 with a private corporation for the use of building space for 24 the purpose of providing inmate employment without providing 25 that the terms of the lease or contract establish safeguards to 26 restrict, to the greatest extent feasible, access by inmates 27 working for the private corporation to personal identifying 28 information of citizens. 29 2. For educational programs for inmates at state penal 30 institutions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,304,055 32 2,608,109 33 a. To maximize the funding for educational programs, 34 the department shall establish guidelines and procedures to 35 -6- LSB 5025XG (8) 86 jm/tm 6/ 23
S.F. _____ H.F. _____ prioritize the availability of educational and vocational 1 training for inmates based upon the goal of facilitating an 2 inmate’s successful release from the correctional institution. 3 b. The director of the department of corrections may 4 transfer moneys from Iowa prison industries and the canteen 5 operating funds established pursuant to section 904.310 , for 6 use in educational programs for inmates. 7 c. Notwithstanding section 8.33 , moneys appropriated in 8 this subsection that remain unobligated or unexpended at the 9 close of the fiscal year shall not revert but shall remain 10 available to be used only for the purposes designated in this 11 subsection until the close of the succeeding fiscal year. 12 3. For the development of the Iowa corrections offender 13 network (ICON) data system: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 15 2,000,000 16 4. For offender mental health and substance abuse 17 treatment: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,159 19 22,319 20 4A. For department-wide duties, including operations, 21 costs, and miscellaneous purposes: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,742,781 23 5. It is the intent of the general assembly that for 24 the fiscal year addressed by this section the department of 25 corrections shall continue to operate the correctional farms 26 under the control of the department at the same or greater 27 level of participation and involvement as existed as of January 28 1, 2011; shall not enter into any rental agreement or contract 29 concerning any farmland under the control of the department 30 that is not subject to a rental agreement or contract as of 31 January 1, 2011, without prior legislative approval; and 32 shall further attempt to provide job opportunities at the 33 farms for inmates. The department shall attempt to provide 34 job opportunities at the farms for inmates by encouraging 35 -7- LSB 5025XG (8) 86 jm/tm 7/ 23
S.F. _____ H.F. _____ labor-intensive farming or gardening where appropriate; using 1 inmates to grow produce and meat for institutional consumption; 2 researching the possibility of instituting food canning 3 and cook-and-chill operations; and exploring opportunities 4 for organic farming and gardening, livestock ventures, 5 horticulture, and specialized crops. 6 Sec. 5. 2015 Iowa Acts, chapter 135, section 27, is amended 7 to read as follows: 8 SEC. 27. 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, 2016, and ending June 30, 2017, for salaries, support, 13 maintenance, and miscellaneous purposes, the following amounts, 14 or so much thereof as is necessary, to be used for the purposes 15 designated: 16 a. For the first judicial district department of 17 correctional services: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,393,988 19 14,787,977 20 It is the intent of the general assembly that the first 21 judicial district department of correctional services maintain 22 the drug courts operated by the district department. 23 b. For the second judicial district department of 24 correctional services: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,750,331 26 11,500,661 27 It is the intent of the general assembly that the second 28 judicial district department of correctional services establish 29 and maintain two drug courts to be operated by the district 30 department. 31 c. For the third judicial district department of 32 correctional services: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,620,628 34 7,241,257 35 -8- LSB 5025XG (8) 86 jm/tm 8/ 23
S.F. _____ H.F. _____ d. For the fourth judicial district department of 1 correctional services: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,819,003 3 5,638,005 4 e. For the fifth judicial district department of 5 correctional services, including funding for electronic 6 monitoring devices for use on a statewide basis: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,539,196 8 21,078,393 9 It is the intent of the general assembly that the fifth 10 judicial district department of correctional services maintain 11 the drug court operated by the district department. 12 f. For the sixth judicial district department of 13 correctional services: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,431,812 15 14,863,623 16 It is the intent of the general assembly that the sixth 17 judicial district department of correctional services maintain 18 the drug court operated by the district department. 19 g. For the seventh judicial district department of 20 correctional services: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,928,436 22 7,856,873 23 It is the intent of the general assembly that the seventh 24 judicial district department of correctional services maintain 25 the drug court operated by the district department. 26 h. For the eighth judicial district department of 27 correctional services: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,083,597 29 8,167,194 30 2. Each judicial district department of correctional 31 services, within the funding available, shall continue programs 32 and plans established within that district to provide for 33 intensive supervision, sex offender treatment, diversion of 34 low-risk offenders to the least restrictive sanction available, 35 -9- LSB 5025XG (8) 86 jm/tm 9/ 23
S.F. _____ H.F. _____ job development, and expanded use of intermediate criminal 1 sanctions. 2 3. Each judicial district department of correctional 3 services shall provide alternatives to prison consistent with 4 chapter 901B . The alternatives to prison shall ensure public 5 safety while providing maximum rehabilitation to the offender. 6 A judicial district department of correctional services may 7 also establish a day program. 8 4. The governor’s office of drug control policy shall 9 consider federal grants made to the department of corrections 10 for the benefit of each of the eight judicial district 11 departments of correctional services as local government 12 grants, as defined pursuant to federal regulations. 13 5. The department of corrections shall continue to contract 14 with a judicial district department of correctional services to 15 provide for the rental of electronic monitoring equipment which 16 shall be available statewide. 17 Sec. 6. 2015 Iowa Acts, chapter 135, section 32, is amended 18 to read as follows: 19 SEC. 32. IOWA LAW ENFORCEMENT ACADEMY. 20 1. There is appropriated from the general fund of the 21 state to the Iowa law enforcement academy for the fiscal year 22 beginning July 1, 2016, and ending June 30, 2017, the following 23 amount, or so much thereof as is necessary, to be used for the 24 purposes designated: 25 For salaries, support, maintenance, and miscellaneous 26 purposes, including jailer training and technical assistance, 27 and for not more than the following full-time equivalent 28 positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 501,607 30 1,003,214 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 24.00 32 25.00 33 It is the intent of the general assembly that the Iowa law 34 enforcement academy may provide training of state and local 35 -10- LSB 5025XG (8) 86 jm/tm 10/ 23
S.F. _____ H.F. _____ law enforcement personnel concerning the recognition of and 1 response to persons with Alzheimer’s disease. 2 The Iowa law enforcement academy may temporarily exceed and 3 draw more than the amount appropriated in this subsection and 4 incur a negative cash balance as long as there are receivables 5 equal to or greater than the negative balance and the amount 6 appropriated in this subsection is not exceeded at the close 7 of the fiscal year. 8 2. The Iowa law enforcement academy may select at least 9 five automobiles of the department of public safety, division 10 of state patrol, prior to turning over the automobiles to 11 the department of administrative services to be disposed 12 of by public auction, and the Iowa law enforcement academy 13 may exchange any automobile owned by the academy for each 14 automobile selected if the selected automobile is used in 15 training law enforcement officers at the academy. However, any 16 automobile exchanged by the academy shall be substituted for 17 the selected vehicle of the department of public safety and 18 sold by public auction with the receipts being deposited in the 19 depreciation fund to the credit of the department of public 20 safety, division of state patrol. 21 3. The Iowa law enforcement academy shall provide training 22 for domestic abuse and human trafficking-related issues 23 throughout the state. The training shall be offered at no 24 cost to the attendees and the training shall not replace any 25 existing domestic abuse or human trafficking training offered 26 by the academy. 27 Sec. 7. 2015 Iowa Acts, chapter 135, section 33, is amended 28 to read as follows: 29 SEC. 33. STATE PUBLIC DEFENDER. There is appropriated from 30 the general fund of the state to the office of the state public 31 defender of the department of inspections and appeals for the 32 fiscal year beginning July 1, 2016, and ending June 30, 2017, 33 the following amounts, or so much thereof as is necessary, to 34 be used for the purposes designated: 35 -11- LSB 5025XG (8) 86 jm/tm 11/ 23
S.F. _____ H.F. _____ 1. For salaries, support, maintenance, and miscellaneous 1 purposes, and for not more than the following full-time 2 equivalent positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,016,121 4 26,182,243 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 223.00 6 2. For payments on behalf of eligible adults and juveniles 7 from the indigent defense fund, in accordance with section 8 815.11 : 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,875,965 10 29,601,929 11 Sec. 8. 2015 Iowa Acts, chapter 135, section 34, is amended 12 to read as follows: 13 SEC. 34. BOARD OF PAROLE. There is appropriated from the 14 general fund of the state to the board of parole for the fiscal 15 year beginning July 1, 2016, and ending June 30, 2017, the 16 following amount, or so much thereof as is necessary, to be 17 used for the purposes designated: 18 For salaries, support, maintenance, and miscellaneous 19 purposes, and for not more than the following full-time 20 equivalent positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 602,291 22 1,204,583 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.75 24 Sec. 9. 2015 Iowa Acts, chapter 135, section 35, is amended 25 to read as follows: 26 SEC. 35. DEPARTMENT OF PUBLIC DEFENSE. 27 1. There is appropriated from the general fund of the 28 state to the department of public defense, for the fiscal year 29 beginning July 1, 2016, and ending June 30, 2017, the following 30 amounts, or so much thereof as is necessary, to be used for the 31 purposes designated: 32 For salaries, support, maintenance, and miscellaneous 33 purposes, and for not more than the following full-time 34 equivalent positions: 35 -12- LSB 5025XG (8) 86 jm/tm 12/ 23
S.F. _____ H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,277,239 1 6,554,478 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 277.50 3 2. The department of public defense may temporarily exceed 4 and draw more than the amount appropriated in this section and 5 incur a negative cash balance as long as there are receivables 6 of federal funds equal to or greater than the negative balance 7 and the amount appropriated in this section is not exceeded at 8 the close of the fiscal year. 9 Sec. 10. 2015 Iowa Acts, chapter 135, section 36, is amended 10 to read as follows: 11 SEC. 36. THE DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 12 MANAGEMENT. 13 1. There is appropriated from the general fund of the state 14 to the department of homeland security and emergency management 15 for the fiscal year beginning July 1, 2016, and ending June 16 30, 2017, the following amounts, or so much thereof as is 17 necessary, to be used for the purposes designated: 18 For salaries, support, maintenance, and miscellaneous 19 purposes, and for not more than the following full-time 20 equivalent positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,114,812 22 2,229,623 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 35.95 24 2. The department of homeland security and emergency 25 management may temporarily exceed and draw more than the amount 26 appropriated in this section and incur a negative cash balance 27 as long as there are receivables of federal funds equal to or 28 greater than the negative balance and the amount appropriated 29 in this section is not exceeded at the close of the fiscal 30 year. 31 3. It is the intent of the general assembly that the 32 department of homeland security and emergency management work 33 in conjunction with the department of public safety, to the 34 extent possible, when gathering and analyzing information 35 -13- LSB 5025XG (8) 86 jm/tm 13/ 23
S.F. _____ H.F. _____ related to potential domestic or foreign security threats, and 1 when monitoring such threats. 2 Sec. 11. 2015 Iowa Acts, chapter 135, section 37, is amended 3 to read as follows: 4 SEC. 37. 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, 2016, and ending 7 June 30, 2017, 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,113,065 13 4,226,131 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 38.00 15 37.00 16 2. For the division of criminal investigation, including 17 the state’s contribution to the peace officers’ retirement, 18 accident, and disability system provided in chapter 97A in the 19 amount of the state’s normal contribution rate, as defined in 20 section 97A.8 , multiplied by the salaries for which the moneys 21 are appropriated, to meet federal fund matching requirements, 22 and for not more than the following full-time equivalent 23 positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,898,272 25 13,796,544 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 159.00 27 162.00 28 3. For the criminalistics laboratory fund created in 29 section 691.9 : 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 151,173 31 302,345 32 4. a. For the division of narcotics enforcement, including 33 the state’s contribution to the peace officers’ retirement, 34 accident, and disability system provided in chapter 97A in the 35 -14- LSB 5025XG (8) 86 jm/tm 14/ 23
S.F. _____ H.F. _____ amount of the state’s normal contribution rate, as defined in 1 section 97A.8 , multiplied by the salaries for which the moneys 2 are appropriated, to meet federal fund matching requirements, 3 and for not more than the following full-time equivalent 4 positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,695,519 6 7,391,039 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 65.50 8 66.50 9 b. For the division of narcotics enforcement for undercover 10 purchases: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 54,521 12 109,042 13 5. For the division of state fire marshal, for fire 14 protection services as provided through the state fire service 15 and emergency response council as created in the department, 16 and for the state’s contribution to the peace officers’ 17 retirement, accident, and disability system provided in chapter 18 97A in the amount of the state’s normal contribution rate, 19 as defined in section 97A.8 , multiplied by the salaries for 20 which the moneys are appropriated, and for not more than the 21 following full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,325,505 23 4,651,010 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 53.00 25 6. For the division of state patrol, for salaries, support, 26 maintenance, workers’ compensation costs, and miscellaneous 27 purposes, including the state’s contribution to the peace 28 officers’ retirement, accident, and disability system provided 29 in chapter 97A in the amount of the state’s normal contribution 30 rate, as defined in section 97A.8 , multiplied by the salaries 31 for which the moneys are appropriated, and for not more than 32 the following full-time equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,750,788 34 61,501,575 35 -15- LSB 5025XG (8) 86 jm/tm 15/ 23
S.F. _____ H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 512.00 1 511.40 2 It is the intent of the general assembly that the division of 3 state patrol implement the endangered persons advisory alert 4 system. 5 It is the intent of the general assembly that members of the 6 state patrol be assigned to patrol the highways and roads in 7 lieu of assignments for inspecting school buses for the school 8 districts. 9 7. For deposit in the sick leave benefits fund established 10 under section 80.42 for all departmental employees eligible to 11 receive benefits for accrued sick leave under the collective 12 bargaining agreement: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 139,759 14 279,517 15 8. For costs associated with the training and equipment 16 needs of volunteer fire fighters: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 412,760 18 825,520 19 a. Notwithstanding section 8.33 , moneys appropriated in 20 this subsection that remain unencumbered or unobligated at the 21 close of the fiscal year shall not revert but shall remain 22 available for expenditure only for the purpose designated in 23 this subsection until the close of the succeeding fiscal year. 24 b. 9. Notwithstanding section 8.39 , the department of 25 public safety may reallocate moneys appropriated in this 26 section as necessary to best fulfill the needs provided for 27 in the appropriation. However, the department shall not 28 reallocate moneys appropriated to the department in this 29 section unless notice of the reallocation is given to the 30 legislative services agency and the department of management 31 prior to the effective date of the reallocation. The notice 32 shall include information regarding the rationale for 33 reallocating the moneys. The department shall not reallocate 34 moneys appropriated in this section for the purpose of 35 -16- LSB 5025XG (8) 86 jm/tm 16/ 23
S.F. _____ H.F. _____ eliminating any program. 1 9. 10. For the public safety interoperable and broadband 2 communications fund established in section 80.44 : 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 77,330 4 154,661 5 11. For department-wide duties, including operations, 6 costs, and miscellaneous purposes: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,557,439 8 Sec. 12. 2015 Iowa Acts, chapter 135, section 38, is amended 9 to read as follows: 10 SEC. 38. GAMING ENFORCEMENT. 11 1. There is appropriated from the gaming enforcement 12 revolving fund created in section 80.43 to the department of 13 public safety for the fiscal year beginning July 1, 2016, and 14 ending June 30, 2017, the following amount, or so much thereof 15 as is necessary, to be used for the purposes designated: 16 For any direct support costs for agents and officers of 17 the division of criminal investigation’s excursion gambling 18 boat, gambling structure, and racetrack enclosure enforcement 19 activities, including salaries, support, maintenance, and 20 miscellaneous purposes, and for not more than the following 21 full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,449,004 23 9,528,227 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 102.00 25 72.00 26 2. For each additional license to conduct gambling games on 27 an excursion gambling boat, gambling structure, or racetrack 28 enclosure issued during the fiscal year beginning July 1, 2016, 29 there is appropriated from the gaming enforcement fund to the 30 department of public safety for the fiscal year beginning July 31 1, 2016, and ending June 30, 2017, an additional amount of not 32 more than $300,000 to be used for not more than 3 additional 33 full-time equivalent positions. 34 3. The department of public safety, with the approval of the 35 -17- LSB 5025XG (8) 86 jm/tm 17/ 23
S.F. _____ H.F. _____ department of management, may employ no more than three special 1 agents for each additional riverboat or gambling structure 2 regulated after July 1, 2016, and three special agents for 3 each racing facility which becomes operational during the 4 fiscal year which begins July 1, 2016. Positions authorized 5 in this subsection are in addition to the full-time equivalent 6 positions otherwise authorized in this section. 7 Sec. 13. 2015 Iowa Acts, chapter 135, section 39, is amended 8 to read as follows: 9 SEC. 39. CIVIL RIGHTS COMMISSION. 10 1. There is appropriated from the general fund of the state 11 to the Iowa state civil rights commission for the fiscal year 12 beginning July 1, 2016, and ending June 30, 2017, the following 13 amount, or so much thereof as is necessary, to be used for the 14 purposes designated: 15 For salaries, support, maintenance, and miscellaneous 16 purposes, and for not more than the following full-time 17 equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 584,770 19 1,169,540 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.00 21 2. The Iowa state civil rights commission may enter into 22 a contract with a nonprofit organization to provide legal 23 assistance to resolve civil rights complaints. 24 Sec. 14. 2015 Iowa Acts, chapter 135, section 40, is amended 25 to read as follows: 26 SEC. 40. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION. 27 1. There is appropriated from the general fund of the state 28 to the criminal and juvenile justice planning division of the 29 department of human rights for the fiscal year beginning July 30 1, 2016, and ending June 30, 2017, the following amounts, or 31 so much thereof as is necessary, to be used for the purposes 32 designated: 33 For salaries, support, maintenance, and miscellaneous 34 purposes, and for not more than the following full-time 35 -18- LSB 5025XG (8) 86 jm/tm 18/ 23
S.F. _____ H.F. _____ equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 630,053 2 1,260,105 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.15 4 2. The criminal and juvenile justice planning advisory 5 council and the juvenile justice advisory council shall 6 coordinate their efforts in carrying out their respective 7 duties relative to juvenile justice. 8 Sec. 15. 2015 Iowa Acts, chapter 135, section 41, is amended 9 to read as follows: 10 SEC. 41. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 11 MANAGEMENT. There is appropriated from the E911 emergency 12 communications fund created in section 34A.7A to the department 13 of homeland security and emergency management for the fiscal 14 year beginning July 1, 2016, and ending June 30, 2017, the 15 following amount, or so much thereof as is necessary, to be 16 used for the purposes designated: 17 For implementation, support, and maintenance of the 18 functions of the administrator and program manager under 19 chapter 34A and to employ the auditor of the state to perform 20 an annual audit of the E911 emergency communications fund: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 22 250,000 23 Sec. 16. 2014 Iowa Acts, chapter 1138, section 21, is 24 amended to read as follows: 25 SEC. 21. CONSUMER EDUCATION AND LITIGATION FUND. 26 Notwithstanding section 714.16C , for each fiscal year of the 27 period beginning July 1, 2014, and ending June 30, 2016 2018 , 28 the annual appropriations in section 714.16C , are increased 29 from $1,125,000 to $1,875,000, and $75,000 to $125,000 30 respectively. 31 Sec. 17. 2015 Iowa Acts, chapter 138, section 141, is 32 amended to read as follows: 33 SEC. 141. HUMAN TRAFFICKING ENFORCEMENT FUND. A human 34 trafficking enforcement fund is established, separate and apart 35 -19- LSB 5025XG (8) 86 jm/tm 19/ 23
S.F. _____ H.F. _____ from all other public moneys or funds of the state, under 1 the control of the department of justice. The department 2 of justice shall deposit unencumbered or unobligated moneys 3 transferred from the mortgage servicing settlement fund 4 into the fund. Moneys in the fund are appropriated to the 5 department of justice for purposes of training local law 6 enforcement, members of the state patrol, county attorneys, 7 judicial officers, juvenile court officers, and public safety 8 answering point personnel about recognizing and reporting 9 incidents of human trafficking , and for reimbursing the 10 Iowa law enforcement academy for domestic abuse and human 11 trafficking training . Any moneys remaining in the fund on 12 June 30, 2020, shall be transferred to the general fund of the 13 state. 14 Sec. 18. Section 915.94, Code 2016, is amended to read as 15 follows: 16 915.94 Victim compensation fund. 17 A victim compensation fund is established as a separate 18 fund in the state treasury. Moneys deposited in the fund 19 shall be administered by the department and dedicated to and 20 used for the purposes of section 915.41 and this subchapter . 21 In addition, the department may use moneys from the fund 22 for the purpose of the department’s prosecutor-based victim 23 service coordination, including the duties defined in sections 24 910.3 and 910.6 and this chapter , and for the award of funds 25 to programs that provide services and support to victims of 26 domestic abuse or sexual assault as provided in chapter 236 , 27 to victims under section 710A.2 , for reimbursement to the 28 Iowa law enforcement academy for domestic abuse and human 29 trafficking training, and for the support of an automated 30 victim notification system established in section 915.10A . 31 For each fiscal year, the department may also use up to three 32 hundred thousand dollars from the fund to provide training 33 for victim service providers, to provide training for related 34 professionals concerning victim service programming, and 35 -20- LSB 5025XG (8) 86 jm/tm 20/ 23
S.F. _____ H.F. _____ to provide training concerning homicide, domestic assault, 1 sexual assault, stalking, harassment, and human trafficking as 2 required by section 710A.6 . Notwithstanding section 8.33 , any 3 balance in the fund on June 30 of any fiscal year shall not 4 revert to the general fund of the state. 5 Sec. 19. Section 915.95, Code 2016, is amended to read as 6 follows: 7 915.95 Human trafficking victim fund. 8 A fund is created as a separate fund in the state treasury. 9 Moneys deposited in the fund shall be administered by the 10 department and dedicated to and used for awarding moneys to 11 programs that provide services and support to victims of human 12 trafficking under section 710A.2 , including public outreach and 13 awareness programs and service provider training programs , and 14 for reimbursing the Iowa law enforcement academy for domestic 15 abuse and human trafficking training . Notwithstanding section 16 8.33 , any balance in the fund on June 30 of any fiscal year 17 shall not revert to the general fund of the state. 18 DIVISION II 19 FY 2015-2016 APPROPRIATIONS 20 Sec. 20. DEPARTMENT OF CORRECTIONS. There is appropriated 21 from the general fund of the state to the department of 22 corrections for the fiscal year beginning July 1, 2015, and 23 ending June 30, 2016, the following amount, or so much thereof 24 as is necessary, to be used for the purposes designated: 25 For department-wide duties, including operations, costs, and 26 miscellaneous purposes: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,900,000 28 Sec. 21. 2015 Iowa Acts, chapter 135, section 11, subsection 29 2, is amended to read as follows: 30 2. For payments on behalf of eligible adults and juveniles 31 from the indigent defense fund, in accordance with section 32 815.11 : 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,751,929 34 32,751,929 35 -21- LSB 5025XG (8) 86 jm/tm 21/ 23
S.F. _____ H.F. _____ Sec. 22. EFFECTIVE UPON ENACTMENT. This division of this 1 Act, being deemed of immediate importance, takes effect upon 2 enactment. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 DIVISION I. This bill relates to appropriations from the 7 general fund of the state for fiscal year 2016-2017 to the 8 departments of justice, corrections, public defense, public 9 safety, and homeland security and emergency management, and 10 the Iowa law enforcement academy, office of the state public 11 defender, board of parole, Iowa state civil rights commission, 12 and the criminal and juvenile justice planning division of the 13 department of human rights. 14 The bill requires the department of justice to reimburse 15 the costs and necessary related expenses incurred by the Iowa 16 law enforcement academy to employ one additional instructor 17 position who shall provide training for domestic abuse and 18 human trafficking-related issues throughout the state. The 19 bill specifies that the department of justice shall obtain the 20 moneys necessary to reimburse the Iowa law enforcement academy 21 to employ such an instructor from unrestricted moneys from 22 either the victim compensation fund, the human trafficking 23 victim fund, or the human trafficking enforcement fund. The 24 bill further specifies that the training provided by the 25 Iowa law enforcement academy shall be offered at no cost to 26 the attendees and the training for domestic abuse or human 27 trafficking shall not replace any existing training offered by 28 the academy. 29 The bill appropriates moneys from the department of commerce 30 revolving fund to the office of consumer advocate of the 31 department of justice for fiscal year 2016-2017. 32 The bill appropriates moneys from the gaming enforcement 33 revolving fund to the department of public safety for fiscal 34 year 2016-2017. 35 -22- LSB 5025XG (8) 86 jm/tm 22/ 23
S.F. _____ H.F. _____ The bill appropriates moneys from the wireless E911 1 emergency communications fund to the department of homeland 2 security and emergency management for fiscal year 2016-2017. 3 The bill makes additional appropriations to the department 4 of public safety and the department of corrections in division 5 II for department-wide duties. 6 The bill amends Code section 915.94 to allow funds in the 7 victim compensation fund to be used to reimburse the Iowa law 8 enforcement academy for domestic abuse and human trafficking 9 training. 10 The bill amends Code section 915.95 to allow funds in the 11 human trafficking victim fund to be used to reimburse the 12 Iowa law enforcement academy for domestic abuse and human 13 trafficking training. 14 The bill extends the increase to the standing appropriations 15 from the consumer education and litigation fund in Code 16 section 714.16C. The annual appropriations are increased 17 from $1,125,000 to $1,875,000, and $75,000 to $125,000, 18 respectively, until fiscal year 2017-2018. 19 The bill amends 2015 Iowa Acts, ch. 138, section 141, to 20 allow funds in the human trafficking enforcement fund to be 21 used to reimburse the Iowa law enforcement academy for domestic 22 abuse and human trafficking training. 23 DIVISION II. The bill makes a supplemental appropriation 24 for fiscal year 2015-2016 to the department of corrections and 25 the state public defender. The supplemental appropriations 26 take effect upon enactment. 27 -23- LSB 5025XG (8) 86 jm/tm 23/ 23