Senate File 2412 - Introduced SENATE FILE 2412 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 3213) A BILL FOR An Act relating to appropriations to the justice system. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5032SV (2) 87 jm/rn
S.F. 2412 DIVISION I 1 FY 2018-2019 APPROPRIATIONS 2 Section 1. 2017 Iowa Acts, chapter 167, section 27, is 3 amended to read as follows: 4 SEC. 27. 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, 2018, and ending June 30, 2019, 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,336,154 18 6,392,238 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 215.00 20 As a condition of receiving the appropriation provided 21 in this lettered paragraph, the department of justice shall 22 maintain a record of the estimated time incurred representing 23 each agency or department. 24 b. For victim assistance grants: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,508,354 26 5,016,708 27 The moneys appropriated in this lettered paragraph shall be 28 used to provide grants to care providers providing services to 29 crime victims of domestic abuse or to crime victims of rape and 30 sexual assault. 31 The balance of the victim compensation fund established 32 in section 915.94 may be used to provide salary and support 33 of not more than 24.00 full-time equivalent positions and to 34 provide maintenance for the victim compensation functions 35 -1- LSB 5032SV (2) 87 jm/rn 1/ 27
S.F. 2412 of the department of justice. In addition to the full-time 1 equivalent positions authorized pursuant to this paragraph, 2 5.00 full-time equivalent positions are authorized and shall 3 be used by the department of justice to employ one accountant 4 and four program planners. The department of justice may 5 employ the additional 5.00 full-time equivalent positions 6 authorized pursuant to this paragraph that are in excess of the 7 number of full-time equivalent positions authorized only if 8 the department of justice receives sufficient federal moneys 9 to maintain employment for the additional full-time equivalent 10 positions during the current fiscal year. The department 11 of justice shall only employ the additional 5.00 full-time 12 equivalent positions in succeeding fiscal years if sufficient 13 federal moneys are received during each of those succeeding 14 fiscal years. 15 The department of justice shall transfer at least $150,000 16 from the victim compensation fund established in section 915.94 17 to the victim assistance grant program. 18 Notwithstanding section 8.33 , moneys appropriated in this 19 paragraph “b” that remain unencumbered or unobligated at the 20 close of the fiscal year shall not revert but shall remain 21 available for expenditure for the purposes designated until the 22 close of the succeeding fiscal year. 23 c. For legal services for persons in poverty grants as 24 provided in section 13.34 : 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,152,301 26 2,206,199 27 2. a. The department of justice, in submitting budget 28 estimates for the fiscal year commencing July 1, 2019, pursuant 29 to section 8.23 , shall include a report of funding from sources 30 other than amounts appropriated directly from the general fund 31 of the state to the department of justice or to the office of 32 consumer advocate. These funding sources shall include but 33 are not limited to reimbursements from other state agencies, 34 commissions, boards, or similar entities, and reimbursements 35 -2- LSB 5032SV (2) 87 jm/rn 2/ 27
S.F. 2412 from special funds or internal accounts within the department 1 of justice. The department of justice shall also report actual 2 reimbursements for the fiscal year commencing July 1, 2017, 3 and actual and expected reimbursements for the fiscal year 4 commencing July 1, 2018. 5 b. The department of justice shall include the report 6 required under paragraph “a”, as well as information regarding 7 any revisions occurring as a result of reimbursements actually 8 received or expected at a later date, in a report to the 9 co-chairpersons and ranking members of the joint appropriations 10 subcommittee on the justice system and the legislative services 11 agency. The department of justice shall submit the report on 12 or before January 15, 2019. 13 3. a. The department of justice shall fully reimburse 14 the costs and necessary related expenses incurred by the Iowa 15 law enforcement academy to continue to employ one additional 16 instructor position who shall provide training for domestic 17 abuse and human trafficking-related issues throughout the 18 state. 19 b. The department of justice shall obtain the moneys 20 necessary to reimburse the Iowa law enforcement academy to 21 employ such an instructor from unrestricted moneys from either 22 the victim compensation fund established in section 915.94 , the 23 human trafficking victim fund established in section 915.95 , or 24 the human trafficking enforcement fund established in 2015 Iowa 25 Acts, chapter 138, section 141 . 26 Sec. 2. 2017 Iowa Acts, chapter 167, section 28, is amended 27 to read as follows: 28 SEC. 28. OFFICE OF CONSUMER ADVOCATE. There is appropriated 29 from the department of commerce revolving fund created in 30 section 546.12 to the office of consumer advocate of the 31 department of justice for the fiscal year beginning July 1, 32 2018, and ending June 30, 2019, the following amount, or so 33 much thereof as is necessary, to be used for the purposes 34 designated: 35 -3- LSB 5032SV (2) 87 jm/rn 3/ 27
S.F. 2412 For salaries, support, maintenance, and miscellaneous 1 purposes, and for not more than the following full-time 2 equivalent positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,568,794 4 3,137,588 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 6 Sec. 3. 2017 Iowa Acts, chapter 167, section 29, is amended 7 to read as follows: 8 SEC. 29. DEPARTMENT OF CORRECTIONS —— FACILITIES. 9 1. There is appropriated from the general fund of the state 10 to the department of corrections for the fiscal year beginning 11 July 1, 2018, and ending June 30, 2019, the following amounts, 12 or so much thereof as is necessary, to be used for the purposes 13 designated: 14 a. For the operation of the Fort Madison correctional 15 facility, including salaries, support, maintenance, and 16 miscellaneous purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,359,525 18 40,709,469 19 b. For the operation of the Anamosa correctional facility, 20 including salaries, support, maintenance, and miscellaneous 21 purposes: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,413,582 23 31,874,128 24 c. For the operation of the Oakdale correctional facility, 25 including salaries, support, maintenance, and miscellaneous 26 purposes: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,745,767 28 60,770,579 29 d. For the operation of the Newton correctional facility, 30 including salaries, support, maintenance, and miscellaneous 31 purposes: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,830,610 33 27,808,195 34 e. For the operation of the Mount Pleasant correctional 35 -4- LSB 5032SV (2) 87 jm/rn 4/ 27
S.F. 2412 facility, including salaries, support, maintenance, and 1 miscellaneous purposes: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,338,207 3 25,296,244 4 f. For the operation of the Rockwell City correctional 5 facility, including salaries, support, maintenance, and 6 miscellaneous purposes: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,860,229 8 10,364,555 9 g. For the operation of the Clarinda correctional facility, 10 including salaries, support, maintenance, and miscellaneous 11 purposes: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,542,703 13 24,557,503 14 Moneys received by the department of corrections as 15 reimbursement for services provided to the Clarinda youth 16 corporation are appropriated to the department and shall be 17 used for the purpose of operating the Clarinda correctional 18 facility. 19 h. For the operation of the Mitchellville correctional 20 facility, including salaries, support, maintenance, and 21 miscellaneous purposes: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,197,045 23 22,390,362 24 i. For the operation of the Fort Dodge correctional 25 facility, including salaries, support, maintenance, and 26 miscellaneous purposes: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,883,498 28 29,392,788 29 j. For reimbursement of counties for temporary confinement 30 of prisoners, as provided in sections 901.7 , 904.908 , and 31 906.17 , and for offenders confined pursuant to section 904.513 : 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 787,546 33 1,575,092 34 k. For federal prison reimbursement, reimbursements for 35 -5- LSB 5032SV (2) 87 jm/rn 5/ 27
S.F. 2412 out-of-state placements, and miscellaneous contracts: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 242,206 2 484,411 3 2. The department of corrections shall use moneys 4 appropriated in subsection 1 to continue to contract for the 5 services of a Muslim imam and a Native American spiritual 6 leader. 7 Sec. 4. 2017 Iowa Acts, chapter 167, section 30, is amended 8 to read as follows: 9 SEC. 30. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. 10 There is appropriated from the general fund of the state to the 11 department of corrections for the fiscal year beginning July 12 1, 2018, and ending June 30, 2019, the following amounts, or 13 so much thereof as is necessary, to be used for the purposes 14 designated: 15 1. For general administration, including salaries and the 16 adjustment of salaries throughout the department , support, 17 maintenance, employment of an education director to administer 18 a centralized education program for the correctional system, 19 and miscellaneous purposes: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,576,953 21 8,446,968 22 a. It is the intent of the general assembly that each 23 lease negotiated by the department of corrections with a 24 private corporation for the purpose of providing private 25 industry employment of inmates in a correctional institution 26 shall prohibit the private corporation from utilizing inmate 27 labor for partisan political purposes for any person seeking 28 election to public office in this state and that a violation 29 of this requirement shall result in a termination of the lease 30 agreement. 31 b. It is the intent of the general assembly that as a 32 condition of receiving the appropriation provided in this 33 subsection the department of corrections shall not enter into 34 a lease or contractual agreement pursuant to section 904.809 35 -6- LSB 5032SV (2) 87 jm/rn 6/ 27
S.F. 2412 with a private corporation for the use of building space for 1 the purpose of providing inmate employment without providing 2 that the terms of the lease or contract establish safeguards to 3 restrict, to the greatest extent feasible, access by inmates 4 working for the private corporation to personal identifying 5 information of citizens. 6 2. For educational programs for inmates at state penal 7 institutions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,304,055 9 2,608,109 10 a. To maximize the funding for educational programs, 11 the department shall establish guidelines and procedures to 12 prioritize the availability of educational and vocational 13 training for inmates based upon the goal of facilitating an 14 inmate’s successful release from the correctional institution. 15 b. The director of the department of corrections may 16 transfer moneys from Iowa prison industries and the canteen 17 operating funds established pursuant to section 904.310 , for 18 use in educational programs for inmates. 19 c. Notwithstanding section 8.33 , moneys appropriated in 20 this subsection that remain unobligated or unexpended at the 21 close of the fiscal year shall not revert but shall remain 22 available to be used only for the purposes designated in this 23 subsection until the close of the succeeding fiscal year. 24 3. For the development of the Iowa corrections offender 25 network (ICON) data system: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 27 2,000,000 28 4. For offender mental health and substance abuse 29 treatment: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,033 31 28,065 32 5. For department-wide duties, including operations, costs, 33 and miscellaneous purposes: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 648,947 35 -7- LSB 5032SV (2) 87 jm/rn 7/ 27
S.F. 2412 Sec. 5. 2017 Iowa Acts, chapter 167, section 31, is amended 1 to read as follows: 2 SEC. 31. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 3 SERVICES. 4 1. There is appropriated from the general fund of the state 5 to the department of corrections for the fiscal year beginning 6 July 1, 2018, and ending June 30, 2019, for salaries, support, 7 maintenance, and miscellaneous purposes, the following amounts, 8 or so much thereof as is necessary, to be used for the purposes 9 designated: 10 a. For the first judicial district department of 11 correctional services: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,318,383 13 14,653,435 14 It is the intent of the general assembly that the first 15 judicial district department of correctional services maintain 16 the drug courts operated by the district department. 17 b. For the second judicial district department of 18 correctional services: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,691,870 20 11,330,642 21 It is the intent of the general assembly that the second 22 judicial district department of correctional services establish 23 and maintain two drug courts to be operated by the district 24 department. 25 c. For the third judicial district department of 26 correctional services: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,583,979 28 7,103,324 29 d. For the fourth judicial district department of 30 correctional services: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,789,961 32 5,628,707 33 e. For the fifth judicial district department of 34 correctional services, including funding for electronic 35 -8- LSB 5032SV (2) 87 jm/rn 8/ 27
S.F. 2412 monitoring devices for use on a statewide basis: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,428,970 2 21,363,555 3 It is the intent of the general assembly that the fifth 4 judicial district department of correctional services maintain 5 the drug court operated by the district department. 6 f. For the sixth judicial district department of 7 correctional services: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,356,583 9 14,580,498 10 It is the intent of the general assembly that the sixth 11 judicial district department of correctional services maintain 12 the drug court operated by the district department. 13 g. For the seventh judicial district department of 14 correctional services: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,888,671 16 7,707,214 17 It is the intent of the general assembly that the seventh 18 judicial district department of correctional services maintain 19 the drug court operated by the district department. 20 h. For the eighth judicial district department of 21 correctional services: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,042,261 23 8,011,624 24 2. Each judicial district department of correctional 25 services, within the funding available, shall continue programs 26 and plans established within that district to provide for 27 intensive supervision, sex offender treatment, diversion of 28 low-risk offenders to the least restrictive sanction available, 29 job development, and expanded use of intermediate criminal 30 sanctions. 31 3. Each judicial district department of correctional 32 services shall provide alternatives to prison consistent with 33 chapter 901B . The alternatives to prison shall ensure public 34 safety while providing maximum rehabilitation to the offender. 35 -9- LSB 5032SV (2) 87 jm/rn 9/ 27
S.F. 2412 A judicial district department of correctional services may 1 also establish a day program. 2 4. The governor’s office of drug control policy shall 3 consider federal grants made to the department of corrections 4 for the benefit of each of the eight judicial district 5 departments of correctional services as local government 6 grants, as defined pursuant to federal regulations. 7 5. The department of corrections shall continue to contract 8 with a judicial district department of correctional services to 9 provide for the rental of electronic monitoring equipment which 10 shall be available statewide. 11 Sec. 6. 2017 Iowa Acts, chapter 167, section 36, is amended 12 to read as follows: 13 SEC. 36. IOWA LAW ENFORCEMENT ACADEMY. 14 1. There is appropriated from the general fund of the 15 state to the Iowa law enforcement academy for the fiscal year 16 beginning July 1, 2018, and ending June 30, 2019, the following 17 amount, or so much thereof as is necessary, to be used for the 18 purposes designated: 19 For salaries, support, maintenance, and miscellaneous 20 purposes, including jailer training and technical assistance, 21 and for not more than the following full-time equivalent 22 positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 477,378 24 946,149 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 25.00 26 26.00 27 The Iowa law enforcement academy may temporarily exceed and 28 draw more than the amount appropriated in this subsection and 29 incur a negative cash balance as long as there are receivables 30 equal to or greater than the negative balance and the amount 31 appropriated in this subsection is not exceeded at the close 32 of the fiscal year. 33 2. The Iowa law enforcement academy may select at least 34 five automobiles of the department of public safety, division 35 -10- LSB 5032SV (2) 87 jm/rn 10/ 27
S.F. 2412 of state patrol, prior to turning over the automobiles to 1 the department of administrative services to be disposed 2 of by public auction, and the Iowa law enforcement academy 3 may exchange any automobile owned by the academy for each 4 automobile selected if the selected automobile is used in 5 training law enforcement officers at the academy. However, any 6 automobile exchanged by the academy shall be substituted for 7 the selected vehicle of the department of public safety and 8 sold by public auction with the receipts being deposited in the 9 depreciation fund to the credit of the department of public 10 safety, division of state patrol. 11 3. The Iowa law enforcement academy shall provide training 12 for domestic abuse and human trafficking-related issues 13 throughout the state. The training shall be offered at no 14 cost to the attendees and the training shall not replace any 15 existing domestic abuse or human trafficking training offered 16 by the academy. 17 Sec. 7. 2017 Iowa Acts, chapter 167, section 37, is amended 18 to read as follows: 19 SEC. 37. STATE PUBLIC DEFENDER. There is appropriated from 20 the general fund of the state to the office of the state public 21 defender of the department of inspections and appeals for the 22 fiscal year beginning July 1, 2018, and ending June 30, 2019, 23 the following amounts, or so much thereof as is necessary, to 24 be used for the purposes designated: 25 1. For salaries, support, maintenance, and miscellaneous 26 purposes, and for not more than the following full-time 27 equivalent positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,091,122 29 26,646,202 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 223.00 31 2. For payments on behalf of eligible adults and juveniles 32 from the indigent defense fund, in accordance with section 33 815.11 : 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,722,224 35 -11- LSB 5032SV (2) 87 jm/rn 11/ 27
S.F. 2412 37,444,448 1 Sec. 8. 2017 Iowa Acts, chapter 167, section 38, is amended 2 to read as follows: 3 SEC. 38. BOARD OF PAROLE. There is appropriated from the 4 general fund of the state to the board of parole for the fiscal 5 year beginning July 1, 2018, and ending June 30, 2019, the 6 following amount, or so much thereof as is necessary, to be 7 used for the purposes designated: 8 For salaries, support, maintenance, and miscellaneous 9 purposes, and for not more than the following full-time 10 equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 595,866 12 1,191,731 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.75 14 Sec. 9. 2017 Iowa Acts, chapter 167, section 39, is amended 15 to read as follows: 16 SEC. 39. DEPARTMENT OF PUBLIC DEFENSE. 17 1. There is appropriated from the general fund of the 18 state to the department of public defense, for the fiscal year 19 beginning July 1, 2018, and ending June 30, 2019, the following 20 amounts, or so much thereof as is necessary, to be used for the 21 purposes designated: 22 For salaries, support, maintenance, and miscellaneous 23 purposes, and for not more than the following full-time 24 equivalent positions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,111,662 26 6,164,131 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 248.00 28 2. The department of public defense may temporarily exceed 29 and draw more than the amount appropriated in this section and 30 incur a negative cash balance as long as there are receivables 31 of federal funds equal to or greater than the negative balance 32 and the amount appropriated in this section is not exceeded at 33 the close of the fiscal year. 34 Sec. 10. 2017 Iowa Acts, chapter 167, section 40, is amended 35 -12- LSB 5032SV (2) 87 jm/rn 12/ 27
S.F. 2412 to read as follows: 1 SEC. 40. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 2 MANAGEMENT. 3 1. There is appropriated from the general fund of the state 4 to the department of homeland security and emergency management 5 for the fiscal year beginning July 1, 2018, and ending June 6 30, 2019, the following amounts, or so much thereof as is 7 necessary, to be used for the purposes designated: 8 For salaries, support, maintenance, and miscellaneous 9 purposes, and for not more than the following full-time 10 equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,060,964 12 2,102,797 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 33.87 14 2. The department of homeland security and emergency 15 management may temporarily exceed and draw more than the amount 16 appropriated in this section and incur a negative cash balance 17 as long as there are receivables of federal funds equal to or 18 greater than the negative balance and the amount appropriated 19 in this section is not exceeded at the close of the fiscal 20 year. 21 Sec. 11. 2017 Iowa Acts, chapter 167, section 41, is amended 22 to read as follows: 23 SEC. 41. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 24 from the general fund of the state to the department of public 25 safety for the fiscal year beginning July 1, 2018, and ending 26 June 30, 2019, the following amounts, or so much thereof as is 27 necessary, to be used for the purposes designated: 28 1. For the department’s administrative functions, including 29 the criminal justice information system, and for not more than 30 the following full-time equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,071,566 32 4,734,703 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 37.00 34 2. For the division of criminal investigation, including 35 -13- LSB 5032SV (2) 87 jm/rn 13/ 27
S.F. 2412 the criminalistics laboratory fund created in section 691.9, 1 and the state’s contribution to the peace officers’ retirement, 2 accident, and disability system provided in chapter 97A in the 3 amount of the state’s normal contribution rate, as defined in 4 section 97A.8 , multiplied by the salaries for which the moneys 5 are appropriated, to meet federal fund matching requirements, 6 and for not more than the following full-time equivalent 7 positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,795,272 9 14,965,428 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 160.00 11 164.00 12 a. As a condition of receiving the appropriation in this 13 subsection, the division of criminal investigation shall employ 14 4.0 full-time equivalent positions to assist in expediting the 15 processing and analysis of DNA samples. 16 b. The division of criminal investigation may employ two of 17 the three additional full-time equivalent positions authorized 18 pursuant to this subsection that are in excess of the number 19 of full-time equivalent positions authorized for the previous 20 fiscal year only if the division of criminal investigation 21 receives sufficient federal moneys to maintain employment for 22 the additional 2.00 full-time equivalent positions during the 23 current fiscal year. The division of criminal investigation 24 shall only employ the additional 2.00 full-time equivalent 25 positions in succeeding fiscal years if sufficient federal 26 moneys are received during each of those succeeding fiscal 27 years. 28 3. For the criminalistics laboratory fund created in 29 section 691.9 : 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 151,173 31 4. a. For the division of narcotics enforcement, including 32 the state’s contribution to the peace officers’ retirement, 33 accident, and disability system provided in chapter 97A in the 34 amount of the state’s normal contribution rate, as defined in 35 -14- LSB 5032SV (2) 87 jm/rn 14/ 27
S.F. 2412 section 97A.8 , multiplied by the salaries for which the moneys 1 are appropriated, to meet federal fund matching requirements, 2 and for not more than the following full-time equivalent 3 positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,726,650 5 7,785,873 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 66.50 7 The division of narcotics enforcement may employ an 8 additional 1.00 full-time equivalent position authorized 9 pursuant to this lettered paragraph that is in excess of 10 the number of full-time equivalent positions authorized for 11 the previous fiscal year only if the division of narcotics 12 enforcement receives sufficient federal moneys to maintain 13 employment for the additional full-time equivalent position 14 during the current fiscal year. The division of narcotics 15 enforcement shall only employ the additional full-time 16 equivalent position in succeeding fiscal years if sufficient 17 federal moneys are received during each of those succeeding 18 fiscal years. 19 b. For the division of narcotics enforcement for undercover 20 purchases: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 54,521 22 209,042 23 5. For the division of state fire marshal, for fire 24 protection services as provided through the state fire service 25 and emergency response council as created in the department, 26 and for the state’s contribution to the peace officers’ 27 retirement, accident, and disability system provided in chapter 28 97A in the amount of the state’s normal contribution rate, 29 as defined in section 97A.8 , multiplied by the salaries for 30 which the moneys are appropriated, and for not more than the 31 following full-time equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,343,357 33 4,965,056 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 53.00 35 -15- LSB 5032SV (2) 87 jm/rn 15/ 27
S.F. 2412 As a condition of receiving the appropriation in this 1 subsection, the commissioner of the department of public safety 2 shall appoint the administrator of the fire service training 3 bureau of the division of state fire marshal as provided in 4 section 100B.7. 5 6. For the division of state patrol, for salaries, support, 6 maintenance, workers’ compensation costs, and miscellaneous 7 purposes, including the state’s contribution to the peace 8 officers’ retirement, accident, and disability system provided 9 in chapter 97A in the amount of the state’s normal contribution 10 rate, as defined in section 97A.8 , multiplied by the salaries 11 for which the moneys are appropriated, and for not more than 12 the following full-time equivalent positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,683,170 14 63,926,287 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 511.40 16 It is the intent of the general assembly that members of the 17 state patrol be assigned to patrol the highways and roads in 18 lieu of assignments for inspecting school buses for the school 19 districts. 20 7. For deposit in the sick leave benefits fund established 21 under section 80.42 for all departmental employees eligible to 22 receive benefits for accrued sick leave under the collective 23 bargaining agreement: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 139,759 25 279,517 26 8. For costs associated with the training and equipment 27 needs of volunteer fire fighters: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 412,760 29 825,520 30 a. Notwithstanding section 8.33 , moneys appropriated in 31 this subsection that remain unencumbered or unobligated at the 32 close of the fiscal year shall not revert but shall remain 33 available for expenditure only for the purpose designated in 34 this subsection until the close of the succeeding fiscal year. 35 -16- LSB 5032SV (2) 87 jm/rn 16/ 27
S.F. 2412 b. Notwithstanding section 8.39 , the department of public 1 safety may reallocate moneys appropriated in this section 2 as necessary to best fulfill the needs provided for in the 3 appropriation. However, the department shall not reallocate 4 moneys appropriated to the department in this section unless 5 notice of the reallocation is given to the legislative services 6 agency and the department of management prior to the effective 7 date of the reallocation. The notice shall include information 8 regarding the rationale for reallocating the moneys. The 9 department shall not reallocate moneys appropriated in this 10 section for the purpose of eliminating any program. 11 9. For the public safety interoperable and broadband 12 communications fund established in section 80.44 : 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 57,831 14 115,661 15 10. For the office to combat human trafficking established 16 pursuant to section 80.45 as enacted by 2016 Iowa Acts, chapter 17 1077, section 1 , including salaries, support, maintenance, 18 miscellaneous purposes, and for not more than the following 19 full-time equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75,000 21 150,000 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 23 11. For department-wide duties, including operations, 24 costs, and miscellaneous purposes: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 917,487 26 Sec. 12. 2017 Iowa Acts, chapter 167, section 42, is amended 27 to read as follows: 28 SEC. 42. GAMING ENFORCEMENT. 29 1. There is appropriated from the gaming enforcement 30 revolving fund created in section 80.43 to the department of 31 public safety for the fiscal year beginning July 1, 2018, and 32 ending June 30, 2019, the following amount, or so much thereof 33 as is necessary, to be used for the purposes designated: 34 For any direct support costs for agents and officers of 35 -17- LSB 5032SV (2) 87 jm/rn 17/ 27
S.F. 2412 the division of criminal investigation’s excursion gambling 1 boat, gambling structure, and racetrack enclosure enforcement 2 activities, including salaries, support, maintenance, and 3 miscellaneous purposes, and for not more than the following 4 full-time equivalent positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,872,636 6 10,239,218 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 73.00 8 2. For each additional license to conduct gambling games on 9 an excursion gambling boat, gambling structure, or racetrack 10 enclosure issued during the fiscal year beginning July 1, 2018, 11 there is appropriated from the gaming enforcement fund to the 12 department of public safety for the fiscal year beginning July 13 1, 2018, and ending June 30, 2019, an additional amount of not 14 more than $300,000 to be used for not more than 3.00 additional 15 full-time equivalent positions. 16 3. The department of public safety, with the approval of the 17 department of management, may employ no more than three special 18 agents for each additional riverboat or gambling structure 19 regulated after July 1, 2018, and three special agents for 20 each racing facility which becomes operational during the 21 fiscal year which begins July 1, 2018. Positions authorized 22 in this subsection are in addition to the full-time equivalent 23 positions otherwise authorized in this section. 24 Sec. 13. 2017 Iowa Acts, chapter 167, section 43, is amended 25 to read as follows: 26 SEC. 43. CIVIL RIGHTS COMMISSION. 27 1. There is appropriated from the general fund of the state 28 to the Iowa state civil rights commission for the fiscal year 29 beginning July 1, 2018, and ending June 30, 2019, the following 30 amount, 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 -18- LSB 5032SV (2) 87 jm/rn 18/ 27
S.F. 2412 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 578,531 1 1,146,631 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 30.00 3 2. The Iowa state civil rights commission may enter into 4 a contract with a nonprofit organization to provide legal 5 assistance to resolve civil rights complaints. 6 Sec. 14. 2017 Iowa Acts, chapter 167, section 44, is amended 7 to read as follows: 8 SEC. 44. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION. 9 1. There is appropriated from the general fund of the state 10 to the criminal and juvenile justice planning division of the 11 department of human rights for the fiscal year beginning July 12 1, 2018, and ending June 30, 2019, the following amount or 13 so much thereof as is necessary, to be used for the purposes 14 designated: 15 For salaries, support, maintenance, and miscellaneous 16 purposes, and for not more than the following full-time 17 equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 593,917 19 1,177,143 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 9.56 21 2. The criminal and juvenile justice planning advisory 22 council and the juvenile justice advisory council shall 23 coordinate their efforts in carrying out their respective 24 duties relative to juvenile justice. 25 Sec. 15. 2017 Iowa Acts, chapter 167, section 45, is amended 26 to read as follows: 27 SEC. 45. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 28 MANAGEMENT. There is appropriated from the E911 911 emergency 29 communications fund created in section 34A.7A to the department 30 of homeland security and emergency management for the fiscal 31 year beginning July 1, 2018, and ending June 30, 2019, the 32 following amount, or so much thereof as is necessary, to be 33 used for the purposes designated: 34 For implementation, support, and maintenance of the 35 -19- LSB 5032SV (2) 87 jm/rn 19/ 27
S.F. 2412 functions of the administrator and program manager under 1 chapter 34A and to employ the auditor of the state to perform 2 an annual audit of the E911 911 emergency communications fund: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 4 250,000 5 Sec. 16. 2017 Iowa Acts, chapter 167, is amended by adding 6 the following new sections: 7 NEW SECTION . SEC. 46. REGIONAL HOUSING PROJECT. There is 8 appropriated from the Iowa skilled worker and job creation fund 9 created in section 8.75 to the department of corrections for 10 the fiscal year beginning July 1, 2018, and ending June 30, 11 2019, the following amount, or so much thereof as is necessary, 12 to be used for the purposes designated: 13 For implementation, support, maintenance, and capital 14 construction costs to develop a regional housing building 15 project: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 17 For purposes of section 8.33, unless specifically provided 18 otherwise, unencumbered or unobligated moneys remaining from 19 the appropriation in this section, shall not revert but shall 20 remain available for expenditure for the purposes designated 21 until the close of the fiscal year that ends three years after 22 the end of the fiscal year for which the appropriation is made. 23 However, if the project or projects for which the appropriation 24 was made are completed in an earlier fiscal year, unencumbered 25 or unobligated moneys shall revert at the close of that same 26 fiscal year. 27 NEW SECTION . SEC. 47. CONSUMER EDUCATION AND 28 LITIGATION —— FARM MEDIATION AND PROSECUTIONS, APPEALS, AND 29 CLAIMS. Notwithstanding section 714.16C, there is appropriated 30 from the consumer education and litigation fund to the 31 department of justice for the fiscal year beginning July 1, 32 2018, and ending June 30, 2019, the following amount, or so 33 much thereof as is necessary, to be used for the purposes 34 designated: 35 -20- LSB 5032SV (2) 87 jm/rn 20/ 27
S.F. 2412 a. For farm mediation services as specified in section 1 13.13, subsection 2: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 3 b. For salaries, support, maintenance, and miscellaneous 4 purposes for criminal prosecutions, criminal appeals, and 5 performing duties pursuant to chapter 669: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 7 Sec. 17. Section 13.2, subsection 1, paragraph g, Code 2018, 8 is amended by striking the paragraph. 9 Sec. 18. NEW SECTION . 80.46 Public safety support trust 10 fund. 11 1. A public safety support trust fund is established in 12 the state treasury under the control of the department. The 13 department may receive and accept donations, grants, loans, and 14 contributions in accordance with section 565.3 from any public 15 or private source for deposit into the trust fund. Moneys 16 credited to the trust fund are appropriated to the department 17 for the purpose of supporting the activities of the department. 18 2. Notwithstanding section 8.33, moneys in the trust fund 19 shall not revert. Notwithstanding section 12C.7, subsection 20 2, interest or earnings on moneys deposited in the trust fund 21 shall be credited to the trust fund. 22 DIVISION II 23 PRISON LIBRARIES 24 Sec. 19. Section 904.310A, Code 2018, is amended by striking 25 the section and inserting in lieu thereof the following: 26 904.310A Information or materials —— distribution. 27 1. Funds appropriated to the department or other funds made 28 available to the department shall not be used to distribute 29 or make available any commercially published information or 30 material to an inmate when such information or material is 31 sexually explicit or features nudity. 32 2. The department shall adopt rules pursuant to chapter 17A 33 to administer this section. 34 DIVISION III 35 -21- LSB 5032SV (2) 87 jm/rn 21/ 27
S.F. 2412 SMALL CLAIMS COURT JURISDICTION 1 Sec. 20. Section 631.1, subsections 1, 3, 4, 5, 7, and 8, 2 Code 2018, are amended to read as follows: 3 1. The following actions or claims are small claims and 4 shall be commenced, heard and determined as provided in this 5 chapter : 6 a. A civil action for a money judgment where the amount in 7 controversy is four five thousand dollars or less for actions 8 commenced before July 1, 2002 2018 , exclusive of interest and 9 costs. 10 b. A civil action for a money judgment where the amount in 11 controversy is five seven thousand five hundred dollars or less 12 for actions commenced on or after July 1, 2002 2018 , exclusive 13 of interest and costs. 14 3. The district court sitting in small claims has concurrent 15 jurisdiction of an action of replevin if the value of the 16 property claimed is four five thousand dollars or less for 17 actions commenced before July 1, 2002 2018 , and five seven 18 thousand five hundred dollars or less for actions commenced on 19 or after July 1, 2002 2018 . When commenced under this chapter , 20 the action is a small claim for the purposes of this chapter . 21 4. The district court sitting in small claims has concurrent 22 jurisdiction of motions and orders relating to executions 23 against personal property, including garnishments, where the 24 value of the property or garnisheed money involved is four five 25 thousand dollars or less for actions commenced before July 1, 26 2002 2018 , and five seven thousand five hundred dollars or less 27 for actions commenced on or after July 1, 2002 2018 . 28 5. The district court sitting in small claims has concurrent 29 jurisdiction of an action for abandonment of a manufactured or 30 mobile home or personal property pursuant to section 555B.3 , 31 if no money judgment in excess of four five thousand dollars 32 is sought for actions commenced before July 1, 2002 2018 , and 33 five seven thousand five hundred dollars or less for actions 34 commenced on or after July 1, 2002 2018 . If commenced under 35 -22- LSB 5032SV (2) 87 jm/rn 22/ 27
S.F. 2412 this chapter , the action is a small claim for the purposes of 1 this chapter . 2 7. The district court sitting in small claims has concurrent 3 jurisdiction of an action for the collection of taxes brought 4 by a county treasurer pursuant to sections 445.3 and 445.4 5 where the amount in controversy is five thousand dollars or 6 less for actions commenced on or after before July 1, 2003 7 2018, and seven thousand five hundred dollars or less for 8 actions commenced on or after July 1, 2018, exclusive of 9 interest and costs. 10 8. The district court sitting in small claims has concurrent 11 jurisdiction of motions and orders relating to releases of 12 judgments in whole or in part including motions and orders 13 under section 624.23, subsection 2 , paragraph “c” and section 14 624.37 , where the amount owing on the judgment, including 15 interests and costs, is five thousand dollars or less for 16 actions commenced before July 1, 2018, and seven thousand five 17 hundred dollars or less for actions commenced on or after July 18 1, 2018 . 19 Sec. 21. JURISDICTIONAL AMOUNT REVERSION. The 20 jurisdictional amount in the section of this division of this 21 Act that amends section 631.1 shall revert to five thousand 22 dollars if a court of competent jurisdiction declares the seven 23 thousand five hundred dollar amount unconstitutional. 24 DIVISION IV 25 UNMANNED AERIAL VEHICLES 26 Sec. 22. NEW SECTION . 719.9 Use of unmanned aerial vehicle 27 —— prohibitions. 28 1. As used in this section: 29 a. “Facility” means a county jail, municipal holding 30 facility, secure facility for the detention or custody 31 of juveniles, community-based correctional facility, or 32 institution under the management of the department of 33 corrections. 34 b. “Unmanned aerial vehicle” means a vehicle or device 35 -23- LSB 5032SV (2) 87 jm/rn 23/ 27
S.F. 2412 that uses aerodynamic forces to achieve flight and is piloted 1 remotely. 2 2. A person shall not operate an unmanned aerial vehicle 3 knowing that the unmanned aerial vehicle is operating in, on, 4 or above a facility and any contiguous real property comprising 5 the surrounding grounds of the facility, unless the unmanned 6 aerial vehicle is operated by a law enforcement agency or the 7 person has permission from the authority in charge of the 8 facility to operate an unmanned aerial vehicle in, on, or above 9 such facility. 10 3. A person who violates this section commits a class “D” 11 felony. 12 DIVISION V 13 POSTCONVICTION RELIEF 14 Sec. 23. NEW SECTION . 822.10A Underlying criminal offense. 15 The court file containing the conviction for which an 16 applicant seeks postconviction relief shall be part of the 17 record in any action under this chapter. Upon the filing 18 of an application for postconviction relief pursuant to 19 section 822.3, the clerk of the district court shall make the 20 underlying criminal file records accessible to the applicant, 21 county attorney, and attorney general. If the criminal file 22 records are not available in electronic format, the clerk of 23 the district court shall convert the records to an electronic 24 format and make the records available to the applicant, county 25 attorney, and attorney general. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to and makes appropriations to the justice 30 system, and makes other related statutory changes. 31 DIVISION I —— FY 2018-2019 APPROPRIATIONS. The bill makes 32 appropriations from the general fund of the state for fiscal 33 year 2018-2019 to the departments of justice, corrections, 34 public defense, public safety, and homeland security and 35 -24- LSB 5032SV (2) 87 jm/rn 24/ 27
S.F. 2412 emergency management, and the Iowa law enforcement academy, 1 office of the state public defender, board of parole, Iowa 2 state civil rights commission, and the criminal and juvenile 3 justice planning division of the department of human rights. 4 The bill appropriates moneys from the department of commerce 5 revolving fund to the office of consumer advocate of the 6 department of justice for fiscal year 2018-2019. 7 The bill requires the division of criminal investigation 8 to employ 4.00 full-time equivalent positions to assist in 9 expediting the processing and analysis of DNA samples. 10 The bill appropriates moneys from the general fund of the 11 state to the criminalistics laboratory fund created in Code 12 section 691.9 to accelerate the DNA analysis of DNA samples. 13 The bill requires the commissioner of the department of 14 public safety to appoint an administrator of the fire service 15 training bureau of the division of state fire marshal pursuant 16 to Code section 100B.7 as a condition of appropriation to the 17 division of state fire marshal. 18 The bill also appropriates moneys from the gaming 19 enforcement revolving fund to the department of public safety 20 for fiscal year 2018-2019. 21 The bill appropriates moneys from the wireless 911 emergency 22 communications fund to the department of homeland security and 23 emergency management for fiscal year 2018-2019. 24 The bill appropriates moneys from the Iowa skilled worker 25 and job creation fund to the department of corrections for 26 implementation, support, maintenance, and capital construction 27 costs to develop a regional housing building project. 28 The bill appropriates moneys from the consumer education and 29 litigation fund to the department of justice for farm mediation 30 services and for criminal prosecutions, criminal appeals, and 31 performing duties related to state tort claims. 32 The bill strikes Code section 13.2(1)(g) requiring the 33 attorney general to report to the governor, at the time 34 provided by law, the condition of the attorney general’s 35 -25- LSB 5032SV (2) 87 jm/rn 25/ 27
S.F. 2412 office, opinions rendered, and business transacted of public 1 interest. 2 The bill establishes a public safety support trust fund 3 in the state treasury under the control of the department of 4 public safety. The bill permits the department of public 5 safety to receive and accept donations, grants, loans, and 6 contributions from any public or private source for deposit 7 into the trust fund. Moneys credited to the trust fund are 8 appropriated to the department of public safety for the purpose 9 of supporting the activities of the department of public 10 safety. 11 DIVISION II —— PRISON LIBRARIES. The bill strikes a 12 provision requiring the director of the department of 13 corrections to provide, as necessary, suitable space for 14 reading material for inmates. Additionally, the bill prohibits 15 the department of corrections from using any appropriated funds 16 or other funds made available to the department to distribute 17 or make available any commercially published information or 18 material to an inmate that is sexually explicit or features 19 nudity. 20 DIVISION III —— SMALL CLAIMS JURISDICTION. The bill makes 21 jurisdictional changes to small claims court cases. The bill 22 provides that a small claims court case commenced on or after 23 July 1, 2018, shall not involve damages or value in excess of 24 $7,500. Under existing law, a small claims court case shall 25 not involve damages or value in excess of $5,000. The bill 26 further provides that the jurisdictional amount shall revert 27 to $5,000 if a court finds the $7,500 amount unconstitutional. 28 By increasing the jurisdictional amount for small claims court 29 the bill expands the jurisdiction of a magistrate or district 30 associate judge to hear and assess judgment on certain actions, 31 including county and city violations. 32 DIVISION IV —— UNMANNED AERIAL VEHICLES. The bill defines 33 “unmanned aerial vehicle” to mean a vehicle or device that uses 34 aerodynamic forces to achieve flight and is piloted remotely. 35 -26- LSB 5032SV (2) 87 jm/rn 26/ 27
S.F. 2412 Under the bill, a person shall not operate an unmanned 1 aerial vehicle knowing that the unmanned aerial vehicle is 2 operating in, on, or above such a facility and any contiguous 3 real property comprising the surrounding grounds of the 4 facility, unless the unmanned aerial vehicle is operated by a 5 law enforcement agency or the person has permission from the 6 authority in charge of the facility to operate an unmanned 7 aerial vehicle in, on, or above such facility. 8 A person who violates the bill commits a class “D” felony. A 9 class “D” felony is punishable by confinement for no more than 10 five years and a fine of at least $750 but not more than $7,500. 11 DIVISION V —— POSTCONVICTION RELIEF. The bill creates new 12 Code section 822.10A relating to postconviction procedure. The 13 bill provides that the court file containing the conviction 14 for which the applicant seeks postconviction relief shall be 15 part of the record in any action under Code chapter 822. Upon 16 the filing of an application for postconviction relief pursuant 17 to Code section 822.3, the clerk of the district court shall 18 make the underlying criminal file accessible to the applicant, 19 county attorney, and attorney general. If the criminal file 20 records are not available in electronic format, the division 21 requires the clerk of the district court to convert the records 22 to an electronic format and make the records available to the 23 applicant, county attorney, and attorney general. 24 -27- LSB 5032SV (2) 87 jm/rn 27/ 27