Senate Study Bill 3103 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR BUDGET BILL) 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 5014XG (5) 88 ns/tm
S.F. _____ H.F. _____ Section 1. DEPARTMENT OF JUSTICE. 1 1. There is appropriated from the general fund of the state 2 to the department of justice for the fiscal year beginning July 3 1, 2020, and ending June 30, 2021, the following amounts, or 4 so much thereof as is necessary, to be used for the purposes 5 designated: 6 a. For the general office of attorney general for 7 salaries, support, maintenance, and miscellaneous purposes, 8 including the prosecuting attorneys training program, matching 9 funds for federal violence against women grant programs, 10 victim assistance grants, the office of drug control policy 11 prosecuting attorney program, and odometer fraud enforcement: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,113,631 13 As a condition of receiving the appropriation provided 14 in this lettered paragraph, the department of justice shall 15 maintain a record of the estimated time incurred representing 16 each agency or department. 17 The general office of attorney general may temporarily 18 exceed and draw more than the amount appropriated in this 19 lettered paragraph and incur a negative cash balance as long 20 as there are receivables equal to or greater than the negative 21 balances and the amount appropriated in this lettered paragraph 22 is not exceeded at the close of the fiscal year. 23 b. For victim assistance grants: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,016,708 25 The moneys appropriated in this lettered paragraph shall be 26 used to provide grants to care providers providing services to 27 crime victims of domestic abuse or to crime victims of rape and 28 sexual assault. 29 The balance of the victim compensation fund established 30 in section 915.94 may be used to provide salary and support 31 of not more than 24.00 full-time equivalent positions and to 32 provide maintenance for the victim compensation functions 33 of the department of justice. In addition to the full-time 34 equivalent positions authorized pursuant to this paragraph, 35 -1- LSB 5014XG (5) 88 ns/tm 1/ 19
S.F. _____ H.F. _____ 5.00 full-time equivalent positions are authorized and shall 1 be used by the department of justice to employ one accountant 2 and four program planners. The department of justice may 3 employ the additional 5.00 full-time equivalent positions 4 authorized pursuant to this paragraph that are in excess of the 5 number of full-time equivalent positions authorized only if 6 the department of justice receives sufficient federal moneys 7 to maintain employment for the additional full-time equivalent 8 positions during the current fiscal year. The department 9 of justice shall only employ the additional 5.00 full-time 10 equivalent positions in succeeding fiscal years if sufficient 11 federal moneys are received during each of those succeeding 12 fiscal years. 13 The department of justice shall transfer at least $150,000 14 from the victim compensation fund established in section 915.94 15 to the victim assistance grant program established in section 16 13.31. 17 Notwithstanding section 8.33, moneys appropriated in this 18 lettered paragraph that remain unencumbered or unobligated at 19 the close of the fiscal year shall not revert but shall remain 20 available for expenditure for the purposes designated until the 21 close of the succeeding fiscal year. 22 c. For legal services for persons in poverty grants as 23 provided in section 13.34: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,634,601 25 2. a. The department of justice, in submitting budget 26 estimates for the fiscal year beginning July 1, 2021, pursuant 27 to section 8.23, shall include a report of funding from sources 28 other than amounts appropriated directly from the general fund 29 of the state to the department of justice or to the office of 30 consumer advocate. These funding sources shall include but 31 are not limited to reimbursements from other state agencies, 32 commissions, boards, or similar entities, and reimbursements 33 from special funds or internal accounts within the department 34 of justice. The department of justice shall also report actual 35 -2- LSB 5014XG (5) 88 ns/tm 2/ 19
S.F. _____ H.F. _____ reimbursements for the fiscal year beginning July 1, 2019, 1 and actual and expected reimbursements for the fiscal year 2 beginning July 1, 2020. 3 b. The department of justice shall include the report 4 required under paragraph “a”, as well as information regarding 5 any revisions occurring as a result of reimbursements actually 6 received or expected at a later date, in a report to the 7 co-chairpersons and ranking members of the joint appropriations 8 subcommittee on the justice system and the legislative services 9 agency. The department of justice shall submit the report on 10 or before January 15, 2021. 11 3. a. The department of justice shall fully reimburse 12 the costs and necessary related expenses incurred by the Iowa 13 law enforcement academy to continue to employ one additional 14 instructor position who shall provide training for human 15 trafficking-related issues throughout the state. 16 b. The department of justice shall obtain the moneys 17 necessary to reimburse the Iowa law enforcement academy to 18 employ such an instructor from unrestricted moneys from either 19 the victim compensation fund established in section 915.94, the 20 human trafficking victim fund established in section 915.95, or 21 the human trafficking enforcement fund established in 2015 Iowa 22 Acts, chapter 138, section 141. 23 Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated 24 from the department of commerce revolving fund created in 25 section 546.12 to the office of consumer advocate of the 26 department of justice for the fiscal year beginning July 1, 27 2020, and ending June 30, 2021, the following amount, or so 28 much thereof as is necessary, to be used for the purposes 29 designated: 30 For salaries, support, maintenance, and miscellaneous 31 purposes: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,137,588 33 Sec. 3. DEPARTMENT OF CORRECTIONS —— FACILITIES. 34 1. There is appropriated from the general fund of the state 35 -3- LSB 5014XG (5) 88 ns/tm 3/ 19
S.F. _____ H.F. _____ to the department of corrections for the fiscal year beginning 1 July 1, 2020, and ending June 30, 2021, the following amounts, 2 or so much thereof as is necessary, to be used for the purposes 3 designated: 4 a. For the operation of the Fort Madison correctional 5 facility, including salaries, support, maintenance, and 6 miscellaneous purposes: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,174,857 8 b. For the operation of the Anamosa correctional facility, 9 including salaries, support, maintenance, and miscellaneous 10 purposes: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,361,505 12 c. For the operation of the Oakdale correctional facility, 13 including salaries, support, maintenance, and miscellaneous 14 purposes: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 63,468,514 16 d. For the operation of the Newton correctional facility, 17 including salaries, support, maintenance, and miscellaneous 18 purposes: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,231,758 20 e. For the operation of the Mount Pleasant correctional 21 facility, including salaries, support, maintenance, and 22 miscellaneous purposes: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,534,036 24 f. For the operation of the Rockwell City correctional 25 facility, including salaries, support, maintenance, and 26 miscellaneous purposes: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,780,652 28 g. For the operation of the Clarinda correctional facility, 29 including salaries, support, maintenance, and miscellaneous 30 purposes: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,504,023 32 Moneys received by the department of corrections as 33 reimbursement for services provided to the Clarinda youth 34 corporation are appropriated to the department and shall be 35 -4- LSB 5014XG (5) 88 ns/tm 4/ 19
S.F. _____ H.F. _____ used for the purpose of operating the Clarinda correctional 1 facility. 2 h. For the operation of the Mitchellville correctional 3 facility, including salaries, support, maintenance, and 4 miscellaneous purposes: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,841,145 6 i. For the operation of the Fort Dodge correctional 7 facility, including salaries, support, maintenance, and 8 miscellaneous purposes: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,742,310 10 j. For reimbursement of counties for temporary confinement 11 of prisoners, as provided in sections 901.7, 904.908, and 12 906.17, and for offenders confined pursuant to section 904.513: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,082,635 14 k. For federal prison reimbursement, reimbursements for 15 out-of-state placements, and miscellaneous contracts: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 234,411 17 2. The department of corrections shall use moneys 18 appropriated in subsection 1 to continue to contract for the 19 services of a Muslim imam and a Native American spiritual 20 leader. 21 Sec. 4. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. 22 There is appropriated from the general fund of the state to the 23 department of corrections for the fiscal year beginning July 24 1, 2020, and ending June 30, 2021, the following amounts, or 25 so much thereof as is necessary, to be used for the purposes 26 designated: 27 1. For general administration, including salaries and the 28 adjustment of salaries throughout the department, support, 29 maintenance, employment of an education director to administer 30 a centralized education program for the correctional system, 31 and miscellaneous purposes: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,651,947 33 a. It is the intent of the general assembly that each 34 lease negotiated by the department of corrections with a 35 -5- LSB 5014XG (5) 88 ns/tm 5/ 19
S.F. _____ H.F. _____ private corporation for the purpose of providing private 1 industry employment of inmates in a correctional institution 2 shall prohibit the private corporation from utilizing inmate 3 labor for partisan political purposes for any person seeking 4 election to public office in this state and that a violation 5 of this requirement shall result in a termination of the lease 6 agreement. 7 b. It is the intent of the general assembly that as a 8 condition of receiving the appropriation provided in this 9 subsection the department of corrections shall not enter into 10 a lease or contractual agreement pursuant to section 904.809 11 with a private corporation for the use of building space for 12 the purpose of providing inmate employment without providing 13 that the terms of the lease or contract establish safeguards to 14 restrict, to the greatest extent feasible, access by inmates 15 working for the private corporation to personal identifying 16 information of citizens. 17 2. For educational programs for inmates at state penal 18 institutions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,608,109 20 a. To maximize the funding for educational programs, 21 the department shall establish guidelines and procedures to 22 prioritize the availability of educational and vocational 23 training for inmates based upon the goal of facilitating an 24 inmate’s successful release from the correctional institution. 25 b. The director of the department of corrections may 26 transfer moneys from Iowa prison industries and the canteen 27 operating funds established pursuant to section 904.310, for 28 use in educational programs for inmates. 29 c. Notwithstanding section 8.33, moneys appropriated in 30 this subsection that remain unencumbered or unobligated at the 31 close of the fiscal year shall not revert but shall remain 32 available to be used only for the purposes designated in this 33 subsection until the close of the succeeding fiscal year. 34 3. For the development and operation of the Iowa corrections 35 -6- LSB 5014XG (5) 88 ns/tm 6/ 19
S.F. _____ H.F. _____ offender network (ICON) data system: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 2 4. For offender mental health and substance abuse 3 treatment: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,065 5 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 6 SERVICES. 7 1. There is appropriated from the general fund of the state 8 to the department of corrections for the fiscal year beginning 9 July 1, 2020, and ending June 30, 2021, for salaries, support, 10 maintenance, and miscellaneous purposes, the following amounts, 11 or so much thereof as is necessary, to be used for the purposes 12 designated: 13 a. For the first judicial district department of 14 correctional services: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,460,786 16 It is the intent of the general assembly that the first 17 judicial district department of correctional services maintains 18 the drug courts operated by the district department. 19 b. For the second judicial district department of 20 correctional services: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,943,698 22 It is the intent of the general assembly that the second 23 judicial district department of correctional services maintains 24 two drug courts to be operated by the district department. 25 c. For the third judicial district department of 26 correctional services: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,465,072 28 d. For the fourth judicial district department of 29 correctional services: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,906,576 31 e. For the fifth judicial district department of 32 correctional services, including funding for electronic 33 monitoring devices for use on a statewide basis: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,373,416 35 -7- LSB 5014XG (5) 88 ns/tm 7/ 19
S.F. _____ H.F. _____ It is the intent of the general assembly that the fifth 1 judicial district department of correctional services maintains 2 the drug court operated by the district department. 3 f. For the sixth judicial district department of 4 correctional services: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,330,967 6 It is the intent of the general assembly that the sixth 7 judicial district department of correctional services maintains 8 the drug court operated by the district department. 9 g. For the seventh judicial district department of 10 correctional services: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,157,791 12 It is the intent of the general assembly that the seventh 13 judicial district department of correctional services maintains 14 the drug court operated by the district department. 15 h. For the eighth judicial district department of 16 correctional services: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,702,390 18 2. There is appropriated from the general fund of the state 19 to the department of corrections for the fiscal year beginning 20 July 1, 2020, and ending June 30, 2021, the following amount, 21 or so much thereof as is necessary, to be used for the purposes 22 designated: 23 For statewide judicial assistance, support, and pilot 24 projects for judicial district departments of correctional 25 services: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 640,584 27 3. Each judicial district department of correctional 28 services, within the moneys available, shall continue programs 29 and plans established within that district to provide for 30 intensive supervision, sex offender treatment, diversion of 31 low-risk offenders to the least restrictive sanction available, 32 job development, and expanded use of intermediate criminal 33 sanctions. 34 4. Each judicial district department of correctional 35 -8- LSB 5014XG (5) 88 ns/tm 8/ 19
S.F. _____ H.F. _____ services shall provide alternatives to prison consistent with 1 chapter 901B. The alternatives to prison shall ensure public 2 safety while providing maximum rehabilitation to the offender. 3 A judicial district department of correctional services may 4 also establish a day program. 5 5. The governor’s office of drug control policy shall 6 consider federal grants made to the department of corrections 7 for the benefit of each of the eight judicial district 8 departments of correctional services as local government 9 grants, as defined pursuant to federal regulations. 10 6. The department of corrections shall continue to contract 11 with a judicial district department of correctional services to 12 provide for the rental of electronic monitoring equipment which 13 shall be available statewide. 14 7. The public safety assessment shall not be utilized 15 in pretrial hearings when determining whether to detain or 16 release a defendant before trial, and the use of the public 17 safety assessment pilot program shall be terminated as of the 18 effective date of this subsection, until such time the use of 19 the public safety assessment has been specifically authorized 20 by the general assembly. 21 Sec. 6. DEPARTMENT OF CORRECTIONS —— REALLOCATION OF 22 APPROPRIATIONS. Notwithstanding section 8.39, within 23 the moneys appropriated in this Act to the department of 24 corrections, the department may reallocate the moneys 25 appropriated and allocated as necessary to best fulfill the 26 needs of the correctional institutions, administration of 27 the department, and the judicial district departments of 28 correctional services. However, in addition to complying with 29 the requirements of sections 904.116 and 905.8 and providing 30 notice to the legislative services agency, the department 31 of corrections shall also provide notice to the department 32 of management, prior to the effective date of the revision 33 or reallocation of an appropriation made pursuant to this 34 section. The department of corrections shall not reallocate an 35 -9- LSB 5014XG (5) 88 ns/tm 9/ 19
S.F. _____ H.F. _____ appropriation or allocation for the purpose of eliminating any 1 program. 2 Sec. 7. INTENT —— REPORTS. 3 1. The department of corrections, in cooperation with 4 townships, the Iowa cemetery associations, and other nonprofit 5 or governmental entities, may use inmate labor during the 6 fiscal year beginning July 1, 2020, to restore or preserve 7 rural cemeteries and historical landmarks. The department, in 8 cooperation with the counties, may also use inmate labor to 9 clean up roads, major water sources, and other water sources 10 around the state. 11 2. On a quarterly basis, the department shall provide 12 a status report regarding private-sector employment to the 13 legislative services agency beginning on July 1, 2020. The 14 report shall include the number of offenders employed in the 15 private sector, the combined number of hours worked by the 16 offenders, the total amount of allowances, and the distribution 17 of allowances pursuant to section 904.702, including any moneys 18 deposited in the general fund of the state. 19 Sec. 8. ELECTRONIC MONITORING REPORT. The department of 20 corrections shall submit a report on electronic monitoring to 21 the general assembly, to the co-chairpersons and the ranking 22 members of the joint appropriations subcommittee on the justice 23 system, and to the legislative services agency by January 24 15, 2021. The report shall specifically address the number 25 of persons being electronically monitored and break down the 26 number of persons being electronically monitored by offense 27 committed. The report shall also include a comparison of any 28 data from the prior fiscal year with the current fiscal year. 29 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 30 1. As used in this section, unless the context otherwise 31 requires, “state agency” means the government of the state 32 of Iowa, including but not limited to all executive branch 33 departments, agencies, boards, bureaus, and commissions, the 34 judicial branch, the general assembly and all legislative 35 -10- LSB 5014XG (5) 88 ns/tm 10/ 19
S.F. _____ H.F. _____ agencies, institutions within the purview of the state board of 1 regents, and any corporation whose primary function is to act 2 as an instrumentality of the state. 3 2. State agencies are encouraged to purchase products from 4 Iowa state industries, as defined in section 904.802, when 5 purchases are required and the products are available from 6 Iowa state industries. State agencies shall obtain bids from 7 Iowa state industries for purchases of office furniture during 8 the fiscal year beginning July 1, 2020, exceeding $5,000 or 9 in accordance with applicable administrative rules related to 10 purchases for the agency. 11 Sec. 10. IOWA LAW ENFORCEMENT ACADEMY. 12 1. There is appropriated from the general fund of the 13 state to the Iowa law enforcement academy for the fiscal year 14 beginning July 1, 2020, and ending June 30, 2021, the following 15 amount, or so much thereof as is necessary, to be used for the 16 purposes designated: 17 a. For salaries, support, maintenance, and miscellaneous 18 purposes, including jailer training and technical assistance: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,097,475 20 b. The Iowa law enforcement academy may temporarily exceed 21 and draw more than the amount appropriated in this subsection 22 and incur a negative cash balance as long as there are 23 receivables equal to or greater than the negative balance and 24 the amount appropriated in this subsection is not exceeded at 25 the close of the fiscal year. 26 2. The Iowa law enforcement academy may select at least 27 five automobiles of the department of public safety, division 28 of state patrol, prior to turning over the automobiles to 29 the department of administrative services to be disposed 30 of by public auction, and the Iowa law enforcement academy 31 may exchange any automobile owned by the academy for each 32 automobile selected if the selected automobile is used in 33 training law enforcement officers at the academy. However, any 34 automobile exchanged by the academy shall be substituted for 35 -11- LSB 5014XG (5) 88 ns/tm 11/ 19
S.F. _____ H.F. _____ the selected vehicle of the department of public safety and 1 sold by public auction with the receipts being deposited in the 2 depreciation fund maintained pursuant to section 8A.365 to the 3 credit of the department of public safety, division of state 4 patrol. 5 3. The Iowa law enforcement academy shall provide training 6 for domestic abuse and human trafficking-related issues 7 throughout the state. The training shall be offered at no 8 cost to the attendees and the training shall not replace any 9 existing domestic abuse or human trafficking training offered 10 by the academy. 11 Sec. 11. STATE PUBLIC DEFENDER. There is appropriated from 12 the general fund of the state to the office of the state public 13 defender of the department of inspections and appeals for the 14 fiscal year beginning July 1, 2020, and ending June 30, 2021, 15 the following amounts, or so much thereof as is necessary, to 16 be used for the purposes designated: 17 1. For salaries, support, maintenance, and miscellaneous 18 purposes: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,567,078 20 2. For payments on behalf of eligible adults and juveniles 21 from the indigent defense fund, in accordance with section 22 815.11: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,610,448 24 Sec. 12. BOARD OF PAROLE. There is appropriated from the 25 general fund of the state to the board of parole for the fiscal 26 year beginning July 1, 2020, and ending June 30, 2021, the 27 following amount, or so much thereof as is necessary, to be 28 used for the purposes designated: 29 For salaries, support, maintenance, and miscellaneous 30 purposes: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,289,135 32 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE. 33 1. There is appropriated from the general fund of the 34 state to the department of public defense, for the fiscal year 35 -12- LSB 5014XG (5) 88 ns/tm 12/ 19
S.F. _____ H.F. _____ beginning July 1, 2020, and ending June 30, 2021, the following 1 amount, or so much thereof as is necessary, to be used for the 2 purposes designated: 3 For salaries, support, maintenance, and miscellaneous 4 purposes: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,501,727 6 2. The department of public defense may temporarily exceed 7 and draw more than the amount appropriated in this section and 8 incur a negative cash balance as long as there are receivables 9 of federal funds equal to or greater than the negative balance 10 and the amount appropriated in this section is not exceeded at 11 the close of the fiscal year. 12 Sec. 14. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 13 MANAGEMENT. 14 1. There is appropriated from the general fund of the state 15 to the department of homeland security and emergency management 16 for the fiscal year beginning July 1, 2020, and ending June 30, 17 2021, the following amount, or so much thereof as is necessary, 18 to be used for the purposes designated: 19 For salaries, support, maintenance, and miscellaneous 20 purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,139,390 22 2. The department of homeland security and emergency 23 management may temporarily exceed and draw more than the amount 24 appropriated in this section and incur a negative cash balance 25 as long as there are receivables of federal funds equal to or 26 greater than the negative balance and the amount appropriated 27 in this section is not exceeded at the close of the fiscal 28 year. 29 Sec. 15. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 30 from the general fund of the state to the department of public 31 safety for the fiscal year beginning July 1, 2020, and ending 32 June 30, 2021, the following amounts, or so much thereof as is 33 necessary, to be used for the purposes designated: 34 1. For administrative functions, including salaries and 35 -13- LSB 5014XG (5) 88 ns/tm 13/ 19
S.F. _____ H.F. _____ the adjustment of salaries throughout the department, and the 1 criminal justice information system: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,059,500 3 2. For the division of criminal investigation, including 4 the state’s contribution to the peace officers’ retirement, 5 accident, and disability system provided in chapter 97A in the 6 amount of the state’s normal contribution rate, as defined 7 in section 97A.8, multiplied by the salaries for which the 8 moneys are appropriated, and to meet federal fund matching 9 requirements: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,836,217 11 3. For the criminalistics laboratory fund created in 12 section 691.9: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 650,000 14 Notwithstanding section 8.33, moneys appropriated in this 15 subsection that remain unencumbered or unobligated at the close 16 of the fiscal year shall not revert but shall remain available 17 for expenditure for the purposes designated until the close of 18 the succeeding fiscal year. 19 4. a. For the division of narcotics enforcement, including 20 the state’s contribution to the peace officers’ retirement, 21 accident, and disability system provided in chapter 97A in the 22 amount of the state’s normal contribution rate, as defined 23 in section 97A.8, multiplied by the salaries for which the 24 moneys are appropriated, and to meet federal fund matching 25 requirements: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,242,037 27 b. For the division of narcotics enforcement for undercover 28 purchases: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 259,042 30 5. For the division of state fire marshal, for fire 31 protection services as provided through the state fire service 32 and emergency response council as created in the department, 33 and for the state’s contribution to the peace officers’ 34 retirement, accident, and disability system provided in chapter 35 -14- LSB 5014XG (5) 88 ns/tm 14/ 19
S.F. _____ H.F. _____ 97A in the amount of the state’s normal contribution rate, as 1 defined in section 97A.8, multiplied by the salaries for which 2 the moneys are appropriated: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,317,249 4 6. For the division of state patrol, for salaries, support, 5 maintenance, workers’ compensation costs, and miscellaneous 6 purposes, including the state’s contribution to the peace 7 officers’ retirement, accident, and disability system provided 8 in chapter 97A in the amount of the state’s normal contribution 9 rate, as defined in section 97A.8, multiplied by the salaries 10 for which the moneys are appropriated: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 67,516,697 12 It is the intent of the general assembly that members of the 13 state patrol be assigned to patrol the highways and roads in 14 lieu of assignments for inspecting school buses for the school 15 districts. 16 7. For deposit in the sick leave benefits fund established 17 in section 80.42 for all departmental employees eligible to 18 receive benefits for accrued sick leave under the collective 19 bargaining agreement: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 279,517 21 8. For costs associated with the training and equipment 22 needs of volunteer fire fighters: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 825,520 24 Notwithstanding section 8.33, moneys appropriated in this 25 subsection that remain unencumbered or unobligated at the 26 close of the fiscal year shall not revert but shall remain 27 available for expenditure only for the purpose designated in 28 this subsection until the close of the succeeding fiscal year. 29 9. For the public safety interoperable and broadband 30 communications fund established in section 80.44: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 115,661 32 10. For the office to combat human trafficking established 33 pursuant to section 80.45, including salaries, support, 34 maintenance, and miscellaneous purposes: 35 -15- LSB 5014XG (5) 88 ns/tm 15/ 19
S.F. _____ H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 151,974 1 Notwithstanding section 8.39, the department of public 2 safety may reallocate moneys appropriated in this section 3 as necessary to best fulfill the needs provided for in the 4 appropriation. However, the department shall not reallocate 5 moneys appropriated to the department in this section unless 6 notice of the reallocation is given to the legislative services 7 agency and the department of management prior to the effective 8 date of the reallocation. The notice shall include information 9 regarding the rationale for reallocating the moneys. The 10 department shall not reallocate moneys appropriated in this 11 section for the purpose of eliminating any program. 12 Sec. 16. GAMING ENFORCEMENT. 13 1. There is appropriated from the gaming enforcement 14 revolving fund created in section 80.43 to the department of 15 public safety for the fiscal year beginning July 1, 2020, and 16 ending June 30, 2021, the following amount, or so much thereof 17 as is necessary, to be used for the purposes designated: 18 For any direct support costs for agents and officers of 19 the division of criminal investigation’s excursion gambling 20 boat, gambling structure, and racetrack enclosure enforcement 21 activities, including salaries, support, maintenance, and 22 miscellaneous purposes: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,797,935 24 2. For each additional license to conduct gambling games on 25 an excursion gambling boat, gambling structure, or racetrack 26 enclosure issued during the fiscal year beginning July 1, 2020, 27 there is appropriated from the gaming enforcement fund to the 28 department of public safety for the fiscal year beginning 29 July 1, 2020, and ending June 30, 2021, an additional amount 30 of not more than $300,000 to be used for salaries, support, 31 maintenance, and miscellaneous purposes. 32 Sec. 17. CIVIL RIGHTS COMMISSION. 33 1. There is appropriated from the general fund of the state 34 to the Iowa state civil rights commission for the fiscal year 35 -16- LSB 5014XG (5) 88 ns/tm 16/ 19
S.F. _____ H.F. _____ beginning July 1, 2020, and ending June 30, 2021, the following 1 amount, or so much thereof as is necessary, to be used for the 2 purposes designated: 3 For salaries, support, maintenance, and miscellaneous 4 purposes: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,272,748 6 2. The Iowa state civil rights commission may enter into 7 a contract with a nonprofit organization to provide legal 8 assistance to resolve civil rights complaints. 9 Sec. 18. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION. 10 1. There is appropriated from the general fund of the state 11 to the criminal and juvenile justice planning division of the 12 department of human rights for the fiscal year beginning July 13 1, 2020, and ending June 30, 2021, the following amounts, or 14 so much thereof as is necessary, to be used for the purposes 15 designated: 16 a. For salaries, support, maintenance, and miscellaneous 17 purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,245,268 19 b. (1) For a single grant to a program located in a city 20 with a higher than average juvenile crime rate as determined 21 by the criminal and juvenile justice planning division and 22 a population greater than 80,000 as determined by the 2010 23 federal decennial census, which may be used for studying, 24 planning, programming, and capital, that is committed to 25 deterring juvenile delinquency through early intervention in 26 the criminal justice system by providing a comprehensive, 27 multifaceted delivery of social services: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 140,000 29 (2) The program shall use no more than 5 percent of the 30 grant for administrative costs. 31 2. The justice advisory board and the juvenile justice 32 advisory council shall coordinate their efforts in carrying out 33 their respective duties relative to juvenile justice. 34 Sec. 19. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 35 -17- LSB 5014XG (5) 88 ns/tm 17/ 19
S.F. _____ H.F. _____ MANAGEMENT. There is appropriated from the 911 emergency 1 communications fund created in section 34A.7A to the department 2 of homeland security and emergency management for the fiscal 3 year beginning July 1, 2020, and ending June 30, 2021, the 4 following amount, or so much thereof as is necessary, to be 5 used for the purposes designated: 6 For implementation, support, and maintenance of the 7 functions of the administrator and program manager under 8 chapter 34A and to employ the auditor of the state to perform 9 an annual audit of the 911 emergency communications fund: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 11 Sec. 20. CONSUMER EDUCATION AND LITIGATION —— FARM 12 MEDIATION AND PROSECUTIONS, APPEALS, AND CLAIMS. 13 Notwithstanding section 714.16C , there is appropriated from the 14 consumer education and litigation fund to the department of 15 justice for the fiscal year beginning July 1, 2020, and ending 16 June 30, 2021, the following amounts, or so much thereof as is 17 necessary, to be used for the purposes designated: 18 a. For farm mediation services as specified in section 19 13.13, subsection 2 : 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 21 b. For salaries, support, maintenance, and miscellaneous 22 purposes for criminal prosecutions, criminal appeals, and 23 performing duties pursuant to chapter 669 : 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,800,000 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to and makes appropriations to the justice 29 system. 30 The bill makes appropriations from the general fund of 31 the state for FY 2020-2021 to the departments of justice, 32 corrections, public defense, public safety, and homeland 33 security and emergency management, and the Iowa law enforcement 34 academy, office of the state public defender, board of parole, 35 -18- LSB 5014XG (5) 88 ns/tm 18/ 19
S.F. _____ H.F. _____ Iowa state civil rights commission, and the criminal and 1 juvenile justice planning division of the department of human 2 rights. 3 The bill appropriates moneys from the department of commerce 4 revolving fund for FY 2020-2021 to the office of consumer 5 advocate of the department of justice. 6 The bill appropriates moneys from the gaming enforcement 7 revolving fund for FY 2020-2021 to the department of public 8 safety. 9 The bill appropriates moneys from the 911 emergency 10 communications fund for FY 2020-2021 to the department of 11 homeland security and emergency management. 12 The bill appropriates moneys from the consumer education and 13 litigation fund for FY 2020-2021 to the department of justice 14 for farm mediation services and salaries, support, maintenance, 15 and miscellaneous purposes for criminal prosecutions, criminal 16 appeals, and performing certain duties. 17 -19- LSB 5014XG (5) 88 ns/tm 19/ 19