House
File
2753
-
Introduced
HOUSE
FILE
2753
BY
COMMITTEE
ON
APPROPRIATIONS
(SUCCESSOR
TO
HF
1047)
(SUCCESSOR
TO
HSB
333)
A
BILL
FOR
An
Act
relating
to
prison
infrastructure.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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2968HZ
(3)
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as/ns
H.F.
2753
Section
1.
Section
12.80,
subsection
4,
Code
2026,
is
1
amended
to
read
as
follows:
2
4.
The
net
proceeds
from
the
bonds
issued
under
this
section
3
shall
be
deposited
into
the
FY
2009
prison
bonding
fund
new
4
prison
construction
account
of
the
Iowa
prison
infrastructure
5
fund
created
in
section
602.8108A
.
6
Sec.
2.
Section
602.8108A,
Code
2026,
is
amended
to
read
as
7
follows:
8
602.8108A
Prison
Iowa
prison
infrastructure
fund
——
new
9
prison
construction
account
——
prison
recidivism
reduction
10
account
.
11
1.
The
Iowa
prison
infrastructure
fund
is
created
and
12
established
as
a
separate
and
distinct
fund
in
the
state
13
treasury.
Notwithstanding
any
other
provision
of
this
chapter
14
to
the
contrary,
the
first
eight
million
dollars
and,
beginning
15
July
1,
1997,
the
first
nine
million
five
hundred
thousand
16
dollars
,
of
moneys
remitted
to
the
treasurer
of
state
from
17
fines,
fees,
costs,
and
forfeited
bail
collected
by
the
clerks
18
of
the
district
court
in
criminal
cases,
including
those
19
collected
for
both
scheduled
and
nonscheduled
violations,
20
collected
in
each
fiscal
year
commencing
with
the
fiscal
21
year
beginning
July
1,
1995,
shall
be
deposited
in
the
fund.
22
Beginning
July
1,
2009,
the
The
treasurer
of
state
shall
23
certify
to
the
judicial
branch
the
annual
amount
of
funds
24
moneys
necessary
to
be
remitted
for
deposit
into
the
fund
for
25
that
fiscal
year
and
such
moneys
shall
be
remitted
to
the
26
treasurer
of
state
from
fines,
fees,
costs,
and
forfeited
bail
27
collected
by
the
clerks
of
the
district
court
in
criminal
28
cases,
including
those
collected
for
both
scheduled
and
29
nonscheduled
violations,
for
debt
payments
and
deposits
30
expected
to
be
paid
from
the
fund.
Interest
Notwithstanding
31
section
12C.7,
subsection
2,
interest
and
other
income
earned
32
by
the
fund
shall
be
deposited
in
the
fund.
However,
beginning
33
with
the
fiscal
year
beginning
July
1,
1998,
all
fines
and
34
fees
attributable
to
commercial
vehicle
violation
citations
35
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issued
after
July
1,
1998,
shall
be
deposited
as
provided
1
in
section
602.8108,
subsection
8
.
The
moneys
in
the
fund
2
are
appropriated
and
shall
have
priority
and
precedence
for
3
the
purpose
of
paying
the
principal
of,
premium,
if
any,
4
and
interest
on
bonds
issued
by
the
Iowa
finance
authority
5
under
section
16.177
.
Any
remaining
moneys
not
otherwise
6
appropriated
for
purposes
of
paying
the
principal,
premium,
7
and
interest
on
the
bonds
issued
by
the
Iowa
finance
authority
8
pursuant
to
section
16.177
shall
be
available
and
appropriated
9
to
the
treasurer
of
state
pursuant
to
section
12.80
.
Except
as
10
otherwise
provided
in
subsection
2
,
amounts
in
the
funds
fund
11
shall
not
be
subject
to
appropriation
for
any
purpose
by
the
12
general
assembly,
but
shall
be
used
only
for
the
purposes
set
13
forth
in
this
section
.
The
treasurer
of
state
shall
act
as
14
custodian
of
the
fund
and
disburse
amounts
contained
in
it
the
15
fund
as
directed
by
the
department
of
corrections
including
the
16
automatic
disbursement
of
funds
moneys
pursuant
to
the
terms
17
of
bond
indentures
and
documents
and
security
provisions
to
18
trustees
and
custodians.
The
treasurer
of
state
is
authorized
19
to
invest
the
funds
moneys
deposited
in
the
fund
subject
to
20
any
limitations
contained
in
any
applicable
bond
proceedings.
21
Any
amounts
remaining
in
the
fund
at
the
end
of
each
fiscal
22
year
,
other
than
moneys
in
the
new
prison
construction
account
23
created
in
subsection
2
or
the
prison
recidivism
reduction
24
account
created
in
subsection
3,
shall
be
transferred
to
the
25
general
fund
of
the
state.
26
2.
If
the
treasurer
of
state
determines
that
bonds
cannot
be
27
issued
pursuant
to
this
section
and
sections
12.80
and
16.177
28
or
if
there
are
any
remaining
moneys
at
the
end
of
a
fiscal
year
29
after
the
appropriations
are
paid
pursuant
to
sections
12.80
30
and
16.177
,
the
treasurer
of
state
shall
deposit
the
moneys
in
31
the
prison
infrastructure
fund
into
the
general
fund
of
the
32
state.
A
new
prison
construction
account
is
created
within
the
33
Iowa
prison
infrastructure
fund.
For
the
fiscal
year
beginning
34
July
1,
2026,
and
each
fiscal
year
thereafter,
if
bonds
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pertaining
to
prison
infrastructure
financing
for
the
Iowa
1
state
penitentiary
are
paid
off,
an
amount
equal
to
sixty-six
2
and
seven-tenths
percent
paid
on
such
bonds
for
the
fiscal
3
year
beginning
July
1,
2025,
shall
be
deposited
in
the
new
4
prison
construction
account
from
the
Iowa
prison
infrastructure
5
fund
and
shall
only
be
used
pursuant
to
an
appropriation
made
6
by
the
general
assembly
for
the
construction
of
new
prisons
7
or
the
replacement
of
infrastructure
at
existing
prisons.
8
Notwithstanding
section
8.33,
moneys
in
the
account
that
remain
9
unencumbered
or
unobligated
at
the
close
of
a
fiscal
year
shall
10
not
revert
but
shall
remain
available
for
expenditure
for
the
11
purposes
designated.
Notwithstanding
section
12C.7,
subsection
12
2,
interest
or
earnings
on
moneys
in
the
account
shall
be
13
credited
to
the
account.
14
3.
A
prison
recidivism
reduction
account
is
created
within
15
the
Iowa
prison
infrastructure
fund.
For
the
fiscal
year
16
beginning
July
1,
2026,
and
each
fiscal
year
thereafter,
if
17
bonds
pertaining
to
prison
infrastructure
financing
for
the
18
Iowa
state
penitentiary
are
paid
off,
an
amount
equal
to
19
thirty-three
and
three-tenths
percent
paid
on
such
bonds
for
20
the
fiscal
year
beginning
July
1,
2025,
shall
be
deposited
21
in
the
prison
recidivism
reduction
account
from
the
Iowa
22
prison
infrastructure
fund
and
shall
only
be
used
pursuant
23
to
an
appropriation
made
by
the
general
assembly
for
the
24
establishment
of
newly
created
or
the
expansion
of
existing
25
programs
identified
by
the
department
of
corrections
for
the
26
purpose
of
reducing
recidivism
of
inmates
at
existing
or
27
newly
constructed
prisons.
Notwithstanding
section
8.33,
28
moneys
in
the
account
that
remain
unencumbered
or
unobligated
29
at
the
close
of
a
fiscal
year
shall
not
revert
but
shall
30
remain
available
for
expenditure
for
the
purposes
designated.
31
Notwithstanding
section
12C.7,
subsection
2,
interest
or
32
earnings
on
moneys
in
the
account
shall
be
credited
to
the
33
account.
34
Sec.
3.
NEW
SECTION
.
904.115A
Infrastructure
report
by
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department.
1
Annually,
on
or
before
January
15
of
each
year,
the
2
department
shall
report
to
the
general
assembly
and
the
3
department
of
management
the
status
of
all
infrastructure
4
projects
completed
or
in
progress.
The
report
must
include
5
a
description
of
the
project,
the
work
completed,
the
total
6
estimated
cost
of
the
project,
a
list
of
all
revenue
sources
7
being
used
to
fund
the
project,
the
amount
of
moneys
expended,
8
the
amount
of
moneys
obligated,
and
the
date
the
project
was
9
completed
or
an
estimated
completion
date
of
the
project,
where
10
applicable.
11
Sec.
4.
REPEAL.
Section
12.79,
Code
2026,
is
repealed.
12
Sec.
5.
LEGISLATIVE
INTERIM
STUDY
COMMITTEE
——
CONSTRUCTION
13
AND
OPERATION
OF
ADDITIONAL
PRISON
IN
THE
STATE.
14
1.
The
legislative
council
is
requested
to
establish
an
15
interim
study
committee
to
meet
during
the
2026
legislative
16
interim
to
explore
and
consider
issues
involving
prison
17
capacity
and
the
feasibility
of
an
additional
prison
or
other
18
prison
housing
options.
The
interim
study
committee
shall
19
consider
all
of
the
following:
20
a.
Need.
21
b.
Geographic
locations.
22
c.
Existing
state
infrastructure
that
could
be
converted
to
23
a
prison.
24
d.
The
level
of
security
classification
most
needed
in
the
25
current
system.
26
e.
The
possibility
of
adding
additional
units
to
existing
27
prisons.
28
f.
The
feasibility
of
a
new
prison
operation,
public
or
29
otherwise,
or
the
expansion
of
the
current
state
operation.
30
g.
Advancements
in
prison
technology
that
increase
prison
31
efficiency.
32
h.
Staffing
needs.
33
i.
Programs
that
can
be
established
or
expanded
by
the
34
department
of
corrections
for
the
purpose
of
reducing
the
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recidivism
rate
of
inmates.
1
2.
a.
The
interim
study
committee
shall
include
all
of
the
2
following
members:
3
(1)
Two
senators
appointed
by
the
majority
leader
of
the
4
senate.
5
(2)
One
senator
appointed
by
the
minority
leader
of
the
6
senate.
7
(3)
Two
representatives
appointed
by
the
speaker
of
the
8
house
of
representatives.
9
(4)
One
representative
appointed
by
the
minority
leader
of
10
the
house
of
representatives.
11
b.
The
interim
study
committee
shall
elect
one
of
its
12
members
as
chairperson.
13
3.
On
or
before
December
18,
2026,
the
interim
study
14
committee
shall
submit
a
report
to
the
general
assembly
and
the
15
governor.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
This
bill
creates
a
new
prison
construction
account
and
20
a
prison
recidivism
reduction
account
within
the
Iowa
prison
21
infrastructure
(IPI)
fund.
22
Under
current
law,
the
treasurer
of
state
is
authorized
to
23
issue
bonds
to
provide
prison
infrastructure
financing
(Code
24
section
12.80)
and
the
Iowa
finance
authority
is
authorized
25
to
issue
bonds
to
provide
prison
infrastructure
financing
for
26
projects
approved
for
financing
by
the
general
assembly
(Code
27
section
16.177).
In
either
case,
the
bonds
may
be
paid
from
28
moneys
in
the
IPI
fund
(Code
section
602.8108A),
which
receives
29
moneys
each
fiscal
year
from
fines,
fees,
costs,
and
forfeited
30
bail
collected
by
the
clerks
of
the
district
court
in
criminal
31
cases.
32
The
bill
provides
that
for
FY
2026-2027,
and
each
fiscal
33
year
thereafter,
if
infrastructure
financing
bonds
pertaining
34
to
the
Iowa
state
penitentiary
(Fort
Madison,
Iowa)
are
paid
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off,
an
amount
equal
to
66.7
percent
paid
on
such
bonds
for
FY
1
2025-2026
shall
be
deposited
into
the
new
prison
construction
2
account
from
the
IPI
fund
and
shall
only
be
used
pursuant
to
an
3
appropriation
made
by
the
general
assembly
for
the
construction
4
of
new
prisons
or
the
replacement
of
infrastructure
at
existing
5
prisons.
Moneys
in
the
account
do
not
revert
and
are
not
6
deposited
in
the
general
fund
of
the
state
at
the
end
of
each
7
fiscal
year
(unlike
the
other
moneys
in
the
IPI
fund).
8
The
bill
also
provides
that
for
FY
2026-2027,
and
each
fiscal
9
year
thereafter,
if
infrastructure
financing
bonds
pertaining
10
to
the
Iowa
state
penitentiary
are
paid
off,
an
amount
equal
11
to
33.3
percent
paid
on
such
bonds
for
FY
2025-2026
shall
12
be
deposited
in
the
prison
recidivism
reduction
account
from
13
the
Iowa
prison
infrastructure
fund
and
shall
only
be
used
14
pursuant
to
an
appropriation
made
by
the
general
assembly
for
15
the
establishment
of
newly
created
or
the
expansion
of
existing
16
programs
identified
by
the
department
of
corrections
for
the
17
purpose
of
reducing
recidivism
of
inmates
at
existing
or
newly
18
constructed
prisons.
Moneys
in
the
account
do
not
revert
and
19
are
not
deposited
in
the
general
fund
of
the
state
at
the
end
of
20
each
fiscal
year
(unlike
the
other
moneys
in
the
IPI
fund).
21
The
bill
repeals
the
FY
2009
prison
bonding
fund
(Code
22
section
12.79)
and
moves
the
infrastructure
project
reporting
23
requirement
for
the
department
of
corrections
in
that
Code
24
section
to
Code
chapter
904
(department
of
corrections).
25
The
bill
requests
that
the
legislative
council
establish
26
an
interim
study
committee
to
explore
and
consider
issues
27
involving
prison
capacity
and
the
feasibility
of
an
additional
28
prison
or
other
prison
housing
options.
The
interim
study
29
committee
is
directed
to
consider
factors
set
forth
in
the
30
bill.
The
bill
requires
the
interim
study
committee
to,
on
31
or
before
December
18,
2026,
submit
a
report
to
the
general
32
assembly
and
the
governor.
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