House File 2335 - Reprinted HOUSE FILE 2335 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO LSB 5119HB) (SUCCESSOR TO LSB 5119HA) (As Amended and Passed by the House February 28, 2012 ) A BILL FOR An Act relating to appropriations to the justice system, and 1 providing effective dates. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 HF 2335 (3) 84 jm/jp
H.F. 2335 Section 1. 2011 Iowa Acts, chapter 134, section 30, is 1 amended to read as follows: 2 SEC. 30. DEPARTMENT OF JUSTICE. 3 1. There is appropriated from the general fund of the state 4 to the department of justice for the fiscal year beginning July 5 1, 2012, and ending June 30, 2013, the following amounts, or 6 so much thereof as is necessary, to be used for the purposes 7 designated: 8 a. For the general office of attorney general for salaries, 9 support, maintenance, and miscellaneous purposes, including 10 the prosecuting attorneys training program, matching funds 11 for federal violence against women grant programs, victim 12 assistance grants, office of drug control policy prosecuting 13 attorney program, and odometer fraud enforcement, and for not 14 more than the following full-time equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,896,465 16 7,013,637 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 212.00 18 It is the intent of the general assembly that as a condition 19 of receiving the appropriation provided in this lettered 20 paragraph, the department of justice shall maintain a record 21 of the estimated time incurred representing each agency or 22 department. 23 b. For victim assistance grants: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,438,200 25 2,590,502 26 The funds appropriated in this lettered paragraph shall be 27 used to provide grants to care providers providing services to 28 crime victims of domestic abuse or to crime victims of rape and 29 sexual assault. 30 The balance of the victim compensation fund established in 31 section 915.94 may be used to provide salary and support of not 32 more than 24 FTEs and to provide maintenance for the victim 33 compensation functions of the department of justice. 34 The department of justice shall transfer at least $150,000 35 -1- HF 2335 (3) 84 jm/jp 1/ 20
H.F. 2335 from the victim compensation fund established in section 915.94 1 to the victim assistance grant program. 2 c. For legal services for persons in poverty grants as 3 provided in section 13.34: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 907,416 5 1,633,348 6 2. a. The department of justice, in submitting budget 7 estimates for the fiscal year commencing July 1, 2013, pursuant 8 to section 8.23, shall include a report of funding from sources 9 other than amounts appropriated directly from the general fund 10 of the state to the department of justice or to the office of 11 consumer advocate. These funding sources shall include but 12 are not limited to reimbursements from other state agencies, 13 commissions, boards, or similar entities, and reimbursements 14 from special funds or internal accounts within the department 15 of justice. The department of justice shall also report actual 16 reimbursements for the fiscal year commencing July 1, 2011, 17 and actual and expected reimbursements for the fiscal year 18 commencing July 1, 2012. 19 b. The department of justice shall include the report 20 required under paragraph “a”, as well as information regarding 21 any revisions occurring as a result of reimbursements actually 22 received or expected at a later date, in a report to the 23 co-chairpersons and ranking members of the joint appropriations 24 subcommittee on the justice system and the legislative services 25 agency. The department of justice shall submit the report on 26 or before January 15, 2013. 27 Sec. 2. 2011 Iowa Acts, chapter 134, section 31, is amended 28 to read as follows: 29 SEC. 31. OFFICE OF CONSUMER ADVOCATE. There is appropriated 30 from the department of commerce revolving fund created in 31 section 546.12 to the office of consumer advocate of the 32 department of justice for the fiscal year beginning July 1, 33 2012, and ending June 30, 2013, the following amount, or so 34 much thereof as is necessary, to be used for the purposes 35 -2- HF 2335 (3) 84 jm/jp 2/ 20
H.F. 2335 designated: 1 For salaries, support, maintenance, miscellaneous purposes, 2 and for not more than the following full-time equivalent 3 positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,568,082 5 3,136,163 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 7 Sec. 3. 2011 Iowa Acts, chapter 134, section 32, is amended 8 to read as follows: 9 SEC. 32. DEPARTMENT OF CORRECTIONS —— FACILITIES. 10 1. There is appropriated from the general fund of the 11 state to the department of corrections for the fiscal year 12 beginning July 1, 2012, and ending June 30, 2013, the following 13 amounts, or so much thereof as is necessary, to be used for the 14 operation of adult correctional institutions, reimbursement 15 of counties for certain confinement costs, and federal prison 16 reimbursement, to be allocated as follows: 17 a. For the operation of the Fort Madison correctional 18 facility, including salaries, support, maintenance, and 19 miscellaneous purposes: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,515,641 21 40,859,943 22 b. For the operation of the Anamosa correctional facility, 23 including salaries, support, maintenance, and miscellaneous 24 purposes: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,992,987 26 31,985,974 27 c. For the operation of the Oakdale correctional facility, 28 including salaries, support, maintenance, and miscellaneous 29 purposes: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,797,213 31 55,717,933 32 d. For the operation of the Newton correctional facility, 33 including salaries, support, maintenance, and miscellaneous 34 purposes: 35 -3- HF 2335 (3) 84 jm/jp 3/ 20
H.F. 2335 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,979,379 1 25,958,757 2 e. For the operation of the Mt. Pleasant correctional 3 facility, including salaries, support, maintenance, and 4 miscellaneous purposes: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,958,908 6 25,917,815 7 f. For the operation of the Rockwell City correctional 8 facility, including salaries, support, maintenance, and 9 miscellaneous purposes: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,658,233 11 9,316,466 12 g. For the operation of the Clarinda correctional facility, 13 including salaries, support, maintenance, and miscellaneous 14 purposes: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,241,178 16 24,477,653 17 Moneys received by the department of corrections as 18 reimbursement for services provided to the Clarinda youth 19 corporation are appropriated to the department and shall be 20 used for the purpose of operating the Clarinda correctional 21 facility. 22 h. For the operation of the Mitchellville correctional 23 facility, including salaries, support, maintenance, and 24 miscellaneous purposes: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,807,687 26 15,615,374 27 i. For the operation of the Fort Dodge correctional 28 facility, including salaries, support, maintenance, and 29 miscellaneous purposes: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,531,118 31 29,062,235 32 j. For reimbursement of counties for temporary confinement 33 of work release and parole violators, as provided in sections 34 901.7 , 904.908 , and 906.17 , and for offenders confined pursuant 35 -4- HF 2335 (3) 84 jm/jp 4/ 20
H.F. 2335 to section 904.513 : 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 387,546 2 775,092 3 k. For federal prison reimbursement, reimbursements for 4 out-of-state placements, and miscellaneous contracts: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 119,706 6 239,411 7 l. For three correctional officer full-time equivalent 8 positions that are to be assigned to a correctional institution 9 by the director of the department of corrections: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 78,581 11 2. The department of corrections shall use moneys 12 appropriated in subsection 1 to continue to contract for the 13 services of a Muslim imam and a Native American spiritual 14 leader. 15 Sec. 4. 2011 Iowa Acts, chapter 134, section 33, is amended 16 to read as follows: 17 SEC. 33. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. 18 There is appropriated from the general fund of the state to the 19 department of corrections for the fiscal year beginning July 20 1, 2012, and ending June 30, 2013, the following amounts, or 21 so much thereof as is necessary, to be used for the purposes 22 designated: 23 1. For general administration, including salaries, support, 24 maintenance, employment of an education director to administer 25 a centralized education program for the correctional system, 26 and miscellaneous purposes: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,417,771 28 4,835,542 29 b. It is the intent of the general assembly that each 30 lease negotiated by the department of corrections with a 31 private corporation for the purpose of providing private 32 industry employment of inmates in a correctional institution 33 shall prohibit the private corporation from utilizing inmate 34 labor for partisan political purposes for any person seeking 35 -5- HF 2335 (3) 84 jm/jp 5/ 20
H.F. 2335 election to public office in this state and that a violation 1 of this requirement shall result in a termination of the lease 2 agreement. 3 c. It is the intent of the general assembly that as a 4 condition of receiving the appropriation provided in this 5 subsection the department of corrections shall not enter into 6 a lease or contractual agreement pursuant to section 904.809 7 with a private corporation for the use of building space for 8 the purpose of providing inmate employment without providing 9 that the terms of the lease or contract establish safeguards to 10 restrict, to the greatest extent feasible, access by inmates 11 working for the private corporation to personal identifying 12 information of citizens. 13 2. For educational programs for inmates at state penal 14 institutions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,154,055 16 2,308,109 17 b. It is the intent of the general assembly that moneys 18 appropriated in this subsection shall be used solely for the 19 purpose indicated and that the moneys shall not be transferred 20 for any other purpose. In addition, it is the intent of the 21 general assembly that the department shall consult with the 22 community colleges in the areas in which the institutions are 23 located to utilize moneys appropriated in this subsection 24 to fund the high school completion, high school equivalency 25 diploma, adult literacy, and adult basic education programs in 26 a manner so as to maintain these programs at the institutions. 27 c. To maximize the funding for educational programs, 28 the department shall establish guidelines and procedures to 29 prioritize the availability of educational and vocational 30 training for inmates based upon the goal of facilitating an 31 inmate’s successful release from the correctional institution. 32 d. The director of the department of corrections may 33 transfer moneys from Iowa prison industries and the canteen 34 operating funds established pursuant to section 904.310, for 35 -6- HF 2335 (3) 84 jm/jp 6/ 20
H.F. 2335 use in educational programs for inmates. 1 e. Notwithstanding section 8.33 , moneys appropriated in 2 this subsection that remain unobligated or unexpended at the 3 close of the fiscal year shall not revert but shall remain 4 available to be used only for the purposes designated in this 5 subsection until the close of the succeeding fiscal year. 6 3. For the development of the Iowa corrections offender 7 network (ICON) data system: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 212,182 9 424,364 10 4. For offender mental health and substance abuse 11 treatment: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,160 13 22,319 14 5. For viral hepatitis prevention and treatment: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 83,941 16 167,881 17 6. It is the intent of the general assembly that for 18 the fiscal year addressed by this section the department of 19 corrections shall continue to operate the correctional farms 20 under the control of the department at the same or greater 21 level of participation and involvement as existed as of January 22 1, 2011; shall not enter into any rental agreement or contract 23 concerning any farmland under the control of the department 24 that is not subject to a rental agreement or contract as of 25 January 1, 2011, without prior legislative approval; and 26 shall further attempt to provide job opportunities at the 27 farms for inmates. The department shall attempt to provide 28 job opportunities at the farms for inmates by encouraging 29 labor-intensive farming or gardening where appropriate; using 30 inmates to grow produce and meat for institutional consumption; 31 researching the possibility of instituting food canning 32 and cook-and-chill operations; and exploring opportunities 33 for organic farming and gardening, livestock ventures, 34 horticulture, and specialized crops. 35 -7- HF 2335 (3) 84 jm/jp 7/ 20
H.F. 2335 7. The department of corrections shall solicit requests for 1 information to improve efficiencies at the pharmacy under the 2 control of the department. 3 Sec. 5. 2011 Iowa Acts, chapter 134, section 34, is amended 4 to read as follows: 5 SEC. 34. 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, 2012, and ending June 30, 2013, for salaries, support, 10 maintenance, and miscellaneous purposes, the following amounts, 11 or so much thereof as is necessary, to be allocated as follows: 12 a. For the first judicial district department of 13 correctional services: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,102,474 15 12,204,948 16 b. For the second judicial district department of 17 correctional services: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,168,474 19 10,336,948 20 c. For the third judicial district department of 21 correctional services: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,799,883 23 5,599,765 24 d. For the fourth judicial district department of 25 correctional services: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,695,678 27 5,391,355 28 e. For the fifth judicial district department of 29 correctional services, including funding for electronic 30 monitoring devices for use on a statewide basis: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,371,065 32 18,742,129 33 f. For the sixth judicial district department of 34 correctional services: 35 -8- HF 2335 (3) 84 jm/jp 8/ 20
H.F. 2335 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,556,282 1 13,112,563 2 g. For the seventh judicial district department of 3 correctional services: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,246,407 5 6,492,814 6 h. For the eighth judicial district department of 7 correctional services: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,439,858 9 6,879,715 10 1A. As a condition of receiving an appropriation in 11 subsection 1 and to enhance the safety of the general public, 12 the judicial district departments of correctional services, 13 in cooperation with the department of corrections and the 14 department of human services, shall designate a facility for 15 persons who are placed in a transitional release program under 16 chapter 229A or discharged from commitment as a sexually 17 violent predator under chapter 229A because the person is in 18 need of medical treatment. 19 2. Each judicial district department of correctional 20 services, within the funding available, shall continue programs 21 and plans established within that district to provide for 22 intensive supervision, sex offender treatment, diversion of 23 low-risk offenders to the least restrictive sanction available, 24 job development, and expanded use of intermediate criminal 25 sanctions. 26 3. Each judicial district department of correctional 27 services shall provide alternatives to prison consistent with 28 chapter 901B . The alternatives to prison shall ensure public 29 safety while providing maximum rehabilitation to the offender. 30 A judicial district department of correctional services may 31 also establish a day program. 32 4. The governor’s office of drug control policy or any 33 succeeding entity of the governor’s office of drug control 34 policy shall consider federal grants made to the department 35 -9- HF 2335 (3) 84 jm/jp 9/ 20
H.F. 2335 of corrections for the benefit of each of the eight judicial 1 district departments of correctional services as local 2 government grants, as defined pursuant to federal regulations. 3 5. The department of corrections shall continue to contract 4 with a judicial district department of correctional services to 5 provide for the rental of electronic monitoring equipment which 6 shall be available statewide. 7 Sec. 6. 2011 Iowa Acts, chapter 134, section 39, is amended 8 to read as follows: 9 SEC. 39. IOWA LAW ENFORCEMENT ACADEMY. 10 1. There is appropriated from the general fund of the 11 state to the Iowa law enforcement academy for the fiscal year 12 beginning July 1, 2012, and ending June 30, 2013, the following 13 amount, or so much thereof as is necessary, to be used for the 14 purposes designated: 15 For salaries, support, maintenance, miscellaneous purposes, 16 including jailer training and technical assistance, and for not 17 more than the following full-time equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 434,349 19 868,698 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 24.55 21 25.50 22 It is the intent of the general assembly that the Iowa law 23 enforcement academy may provide training of state and local 24 law enforcement personnel concerning the recognition of and 25 response to persons with Alzheimer’s disease. 26 The Iowa law enforcement academy may temporarily exceed and 27 draw more than the amount appropriated in this subsection and 28 incur a negative cash balance as long as there are receivables 29 equal to or greater than the negative balance and the amount 30 appropriated in this subsection is not exceeded at the close 31 of the fiscal year. 32 2. The Iowa law enforcement academy may select at least 33 five automobiles of the department of public safety, division 34 of state patrol, prior to turning over the automobiles to 35 -10- HF 2335 (3) 84 jm/jp 10/ 20
H.F. 2335 the department of administrative services to be disposed 1 of by public auction, and the Iowa law enforcement academy 2 may exchange any automobile owned by the academy for each 3 automobile selected if the selected automobile is used in 4 training law enforcement officers at the academy. However, any 5 automobile exchanged by the academy shall be substituted for 6 the selected vehicle of the department of public safety and 7 sold by public auction with the receipts being deposited in the 8 depreciation fund to the credit of the department of public 9 safety, division of state patrol. 10 Sec. 7. 2011 Iowa Acts, chapter 134, section 40, is amended 11 to read as follows: 12 SEC. 40. STATE PUBLIC DEFENDER. There is appropriated from 13 the general fund of the state to the office of the state public 14 defender of the department of inspections and appeals for the 15 fiscal year beginning July 1, 2012, and ending June 30, 2013, 16 the following amounts, or so much thereof as is necessary, to 17 be allocated as follows for the purposes designated: 18 1. For salaries, support, maintenance, miscellaneous 19 purposes, and for not more than the following full-time 20 equivalent positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,541,591 22 25,862,182 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 219.00 24 2. For the fees of court-appointed attorneys for indigent 25 payments on behalf of eligible adults and juveniles from the 26 indigent defense fund , in accordance with section 232.141 and 27 chapter 815 815.11 : 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,340,464 29 29,901,929 30 Sec. 8. 2011 Iowa Acts, chapter 134, section 41, is amended 31 to read as follows: 32 SEC. 41. BOARD OF PAROLE. There is appropriated from the 33 general fund of the state to the board of parole for the fiscal 34 year beginning July 1, 2012, and ending June 30, 2013, the 35 -11- HF 2335 (3) 84 jm/jp 11/ 20
H.F. 2335 following amount, or so much thereof as is necessary, to be 1 used for the purposes designated: 2 For salaries, support, maintenance, miscellaneous purposes, 3 and for not more than the following full-time equivalent 4 positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 526,918 6 1,053,835 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.50 8 13.00 9 Sec. 9. 2011 Iowa Acts, chapter 134, section 42, is amended 10 to read as follows: 11 SEC. 42. DEPARTMENT OF PUBLIC DEFENSE. There is 12 appropriated from the general fund of the state to the 13 department of public defense for the fiscal year beginning July 14 1, 2012, and ending June 30, 2013, the following amounts, or 15 so much thereof as is necessary, to be used for the purposes 16 designated: 17 1. MILITARY DIVISION 18 For salaries, support, maintenance, miscellaneous purposes, 19 and for not more than the following full-time equivalent 20 positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,763,521 22 5,527,042 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 313.00 24 309.21 25 The military division may temporarily exceed and draw more 26 than the amount appropriated in this subsection and incur a 27 negative cash balance as long as there are receivables of 28 federal funds equal to or greater than the negative balance and 29 the amount appropriated in this subsection is not exceeded at 30 the close of the fiscal year. 31 2. HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION 32 For salaries, support, maintenance, miscellaneous purposes, 33 and for not more than the following full-time equivalent 34 positions: 35 -12- HF 2335 (3) 84 jm/jp 12/ 20
H.F. 2335 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 918,439 1 1,836,877 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 40.00 3 35.34 4 a. The homeland security and emergency management 5 division may temporarily exceed and draw more than the amount 6 appropriated in this subsection and incur a negative cash 7 balance as long as there are receivables of federal funds 8 equal to or greater than the negative balance and the amount 9 appropriated in this subsection is not exceeded at the close 10 of the fiscal year. 11 b. It is the intent of the general assembly that the 12 homeland security and emergency management division work in 13 conjunction with the department of public safety, to the extent 14 possible, when gathering and analyzing information related 15 to potential domestic or foreign security threats, and when 16 monitoring such threats. 17 Sec. 10. 2011 Iowa Acts, chapter 134, section 43, is amended 18 to read as follows: 19 SEC. 43. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 20 from the general fund of the state to the department of public 21 safety for the fiscal year beginning July 1, 2012, and ending 22 June 30, 2013, the following amounts, or so much thereof as is 23 necessary, to be used for the purposes designated: 24 1. For the department’s administrative functions, including 25 the criminal justice information system, and for not more than 26 the following full-time equivalent positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,003,538 28 4,007,075 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 36.00 30 2. For the division of criminal investigation, including 31 the state’s contribution to the peace officers’ retirement, 32 accident, and disability system provided in chapter 97A in the 33 amount of the state’s normal contribution rate, as defined in 34 section 97A.8 , multiplied by the salaries for which the funds 35 -13- HF 2335 (3) 84 jm/jp 13/ 20
H.F. 2335 are appropriated, to meet federal fund matching requirements, 1 and for not more than the following full-time equivalent 2 positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,266,966 4 12,533,931 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 159.10 6 155.10 7 The department shall employ one additional special agent and 8 one additional criminalist for the purpose of investigating 9 cold cases. Prior to employing the additional special agent 10 and criminalist authorized in this paragraph, the department 11 shall provide a written statement to prospective employees that 12 states to the effect that the positions are being funded by a 13 temporary federal grant and there are no assurances that funds 14 from other sources will be available after the federal funding 15 expires. If the federal funding for the additional positions 16 expires during the fiscal year, the number of full-time 17 equivalent positions authorized in this subsection is reduced 18 by 2.00 FTEs. 19 3. For the criminalistics laboratory fund created in 20 section 691.9 : 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 151,173 22 302,345 23 4. a. For the division of narcotics enforcement, including 24 the state’s contribution to the peace officers’ retirement, 25 accident, and disability system provided in chapter 97A in the 26 amount of the state’s normal contribution rate, as defined in 27 section 97A.8 , multiplied by the salaries for which the funds 28 are appropriated, to meet federal fund matching requirements, 29 and for not more than the following full-time equivalent 30 positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,214,942 32 6,429,884 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 74.00 34 69.00 35 -14- HF 2335 (3) 84 jm/jp 14/ 20
H.F. 2335 b. For the division of narcotics enforcement for undercover 1 purchases: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 54,521 3 109,042 4 5. For the division of state fire marshal, for fire 5 protection services as provided through the state fire service 6 and emergency response council as created in the department, 7 and for the state’s contribution to the peace officers’ 8 retirement, accident, and disability system provided in chapter 9 97A in the amount of the state’s normal contribution rate, as 10 defined in section 97A.8 , multiplied by the salaries for which 11 the funds are appropriated, and for not more than the following 12 full-time equivalent positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,149,354 14 4,298,707 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 55.00 16 54.00 17 6. For the division of state patrol, for salaries, support, 18 maintenance, workers’ compensation costs, and miscellaneous 19 purposes, including the state’s contribution to the peace 20 officers’ retirement, accident, and disability system provided 21 in chapter 97A in the amount of the state’s normal contribution 22 rate, as defined in section 97A.8 , multiplied by the salaries 23 for which the funds are appropriated, and for not more than the 24 following full-time equivalent positions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,951,617 26 51,903,233 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 513.00 28 498.05 29 It is the intent of the general assembly that members of the 30 state patrol be assigned to patrol the highways and roads in 31 lieu of assignments for inspecting school buses for the school 32 districts. 33 7. For deposit in the sick leave benefits fund established 34 under section 80.42 for all departmental employees eligible to 35 -15- HF 2335 (3) 84 jm/jp 15/ 20
H.F. 2335 receive benefits for accrued sick leave under the collective 1 bargaining agreement: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 139,759 3 279,517 4 8. For costs associated with the training and equipment 5 needs of volunteer fire fighters: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 362,760 7 725,520 8 a. Notwithstanding section 8.33 , moneys appropriated in 9 this subsection that remain unencumbered or unobligated at the 10 close of the fiscal year shall not revert but shall remain 11 available for expenditure only for the purpose designated in 12 this subsection until the close of the succeeding fiscal year. 13 b. Notwithstanding section 8.39 , within the moneys 14 appropriated in this section, the department of public safety 15 may reallocate moneys as necessary to best fulfill the needs 16 provided for in the appropriation. However, the department 17 shall not reallocate an appropriation made to the department 18 in this section unless notice of the reallocation is given 19 to the legislative services agency and the department of 20 management prior to the effective date of the reallocation. 21 The notice shall include information regarding the rationale 22 for reallocating the appropriation. The department shall 23 not reallocate an appropriation made in this section for the 24 purpose of eliminating any program. 25 Sec. 11. 2011 Iowa Acts, chapter 134, section 44, is amended 26 to read as follows: 27 SEC. 44. GAMING ENFORCEMENT. 28 1. There is appropriated from the gaming enforcement 29 revolving fund created in section 80.43 to the department of 30 public safety for the fiscal year beginning July 1, 2012, and 31 ending June 30, 2013, the following amount, or so much thereof 32 as is necessary, to be used for the purposes designated: 33 For any direct support costs for agents and officers of 34 the division of criminal investigation’s excursion gambling 35 -16- HF 2335 (3) 84 jm/jp 16/ 20
H.F. 2335 boat, gambling structure, and racetrack enclosure enforcement 1 activities, including salaries, support, maintenance, 2 miscellaneous purposes, and for not more than the following 3 full-time equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,918,153 5 10,335,709 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 120.00 7 115.00 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, 2012, 11 there is appropriated from the gaming enforcement fund to the 12 department of public safety for the fiscal year beginning July 13 1, 2012, and ending June 30, 2013, an additional amount of not 14 more than $521,000 to be used for not more than 6.00 additional 15 full-time equivalent positions. 16 3. The department of public safety, with the approval 17 of the department of management, may employ no more than two 18 special agents and four gaming enforcement officers for each 19 additional riverboat or gambling structure regulated after July 20 1, 2012, and one special agent for each racing facility which 21 becomes operational during the fiscal year which begins July 1, 22 2012. One additional gaming enforcement officer, up to a total 23 of four per riverboat or gambling structure, may be employed 24 for each riverboat or gambling structure that has extended 25 operations to 24 hours and has not previously operated with a 26 24-hour schedule. Positions authorized in this subsection are 27 in addition to the full-time equivalent positions otherwise 28 authorized in this section. 29 Sec. 12. 2011 Iowa Acts, chapter 134, section 45, is amended 30 to read as follows: 31 SEC. 45. CIVIL RIGHTS COMMISSION. There is appropriated 32 from the general fund of the state to the Iowa state civil 33 rights commission for the fiscal year beginning July 1, 34 2012, and ending June 30, 2013, the following amount, or so 35 -17- HF 2335 (3) 84 jm/jp 17/ 20
H.F. 2335 much thereof as is necessary, to be used for the purposes 1 designated: 2 For salaries, support, maintenance, miscellaneous purposes, 3 and for not more than the following full-time equivalent 4 positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 648,535 6 1,167,362 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.00 8 The Iowa state civil rights commission may enter into 9 a contract with a nonprofit organization to provide legal 10 assistance to resolve civil rights complaints. 11 Sec. 13. 2011 Iowa Acts, chapter 134, section 46, is amended 12 to read as follows: 13 SEC. 46. HOMELAND SECURITY AND EMERGENCY MANAGEMENT 14 DIVISION. There is appropriated from the wireless E911 15 emergency communications fund created in section 34A.7A to 16 the administrator of the homeland security and emergency 17 management division of the department of public defense for 18 the fiscal year beginning July 1, 2012, and ending June 30, 19 2013, an amount not exceeding $200,000 $250,000 to be used for 20 implementation, support, and maintenance of the functions of 21 the administrator and program manager under chapter 34A and to 22 employ the auditor of the state to perform an annual audit of 23 the wireless E911 emergency communications fund. 24 Sec. 14. Section 80.43, subsection 1, Code 2011, is amended 25 to read as follows: 26 1. A gaming enforcement revolving fund is created in the 27 state treasury under the control of the department. The fund 28 shall consist of fees collected and deposited into the fund 29 paid by licensees pursuant to section 99D.14, subsection 2 , 30 paragraph “b” , and fees paid by licensees pursuant to section 31 99F.10, subsection 4 , paragraph “b” . All costs for agents and 32 officers plus any direct and indirect support costs for such 33 agents and officers of the division of criminal investigation’s 34 racetrack, excursion boat, or gambling structure enforcement 35 -18- HF 2335 (3) 84 jm/jp 18/ 20
H.F. 2335 activities shall be paid from the fund as provided in 1 appropriations made for this purpose by the general assembly. 2 Sec. 15. Section 99D.14, subsection 2, paragraph b, Code 3 Supplement 2011, is amended to read as follows: 4 b. Notwithstanding sections 8.60 and 99D.17 , the portion of 5 the fee paid pursuant to paragraph “a” relating to the costs 6 of special agents plus any direct and indirect support costs 7 for the agents, for the division of criminal investigation’s 8 racetrack activities, shall not be deposited in the general 9 fund of the state but instead shall be deposited into the 10 gaming enforcement revolving fund established in section 80.43 . 11 However, the department of public safety shall transfer, on an 12 annual basis, the portion of the regulatory fee attributable to 13 the indirect support costs of the special agents to the general 14 fund of the state. 15 Sec. 16. Section 99F.10, subsection 4, paragraph b, Code 16 Supplement 2011, is amended to read as follows: 17 b. Notwithstanding sections 8.60 and 99F.4 , the portion of 18 the fee paid pursuant to paragraph “a” relating to the costs 19 of special agents and officers plus any direct and indirect 20 support costs for the agents and officers, for the division of 21 criminal investigation’s excursion gambling boat or gambling 22 structure activities, shall not be deposited in the general 23 fund of the state but instead shall be deposited into the 24 gaming enforcement revolving fund established in section 80.43 . 25 However, the department of public safety shall transfer, on an 26 annual basis, the portion of the regulatory fee attributable 27 to the indirect support costs of the special agents and gaming 28 enforcement officers to the general fund of the state. 29 Sec. 17. EFFECTIVE UPON ENACTMENT. The following 30 provisions of this Act, being deemed of immediate importance, 31 take effect upon enactment: 32 1. The section of this Act amending section 80.43, 33 subsection 1. 34 2. The section of this Act amending section 99D.14, 35 -19- HF 2335 (3) 84 jm/jp 19/ 20
H.F. 2335 subsection 2, paragraph “b”. 1 3. The section of this Act amending section 99F.10, 2 subsection 4. 3 -20- HF 2335 (3) 84 jm/jp 20/ 20