Senate File 447 - Reprinted SENATE FILE 447 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 1249) (As Amended and Passed by the Senate April 18, 2013 ) A BILL FOR An Act relating to appropriations to the justice system and 1 including effective dates. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 SF 447 (5) 85 jm/jp/jh
S.F. 447 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, 2013, and ending June 30, 2014, 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 salaries, 7 support, maintenance, and miscellaneous purposes, including 8 the prosecuting attorneys training program, matching funds 9 for federal violence against women grant programs, victim 10 assistance grants, office of drug control policy prosecuting 11 attorney program, and odometer fraud enforcement, and for not 12 more than the following full-time equivalent positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,967,930 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 214.00 15 It is the intent of the general assembly that as a condition 16 of receiving the appropriation provided in this lettered 17 paragraph, the department of justice shall maintain a record 18 of the estimated time incurred representing each agency or 19 department. 20 b. For victim assistance grants: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,876,400 22 The funds appropriated in this lettered paragraph shall be 23 used to provide grants to care providers providing services to 24 crime victims of domestic abuse or to crime victims of rape and 25 sexual assault. The department of justice shall not require a 26 care provider to close a shelter as a condition of receiving a 27 grant pursuant to this paragraph. 28 Up to $2,000,000 of the amount appropriated in this lettered 29 paragraph shall be used to provide grants to care providers 30 providing services to crime victims of domestic abuse, or to 31 crime victims of rape and sexual assault, for the purpose of 32 ensuring an orderly and efficient transition of crime victim 33 services to the new regional reorganization plan, with priority 34 given to care providers that received a grant during a previous 35 -1- SF 447 (5) 85 jm/jp/jh 1/ 23
S.F. 447 fiscal year but did not receive a grant under the new regional 1 reorganization plan. 2 The balance of the victim compensation fund established in 3 section 915.94 may be used to provide salary and support of not 4 more than 24.00 FTEs and to provide maintenance for the victim 5 compensation functions of the department of justice. 6 The department of justice shall transfer at least $150,000 7 from the victim compensation fund established in section 915.94 8 to the victim assistance grant program. 9 Notwithstanding section 8.33, moneys appropriated in this 10 paragraph that remain unencumbered or unobligated at the close 11 of the fiscal year shall not revert but shall remain available 12 for expenditure for the purposes designated until the close of 13 the succeeding fiscal year. 14 c. For legal services for persons in poverty grants as 15 provided in section 13.34: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,400,000 17 2. a. The department of justice, in submitting budget 18 estimates for the fiscal year commencing July 1, 2014, pursuant 19 to section 8.23, shall include a report of funding from sources 20 other than amounts appropriated directly from the general fund 21 of the state to the department of justice or to the office of 22 consumer advocate. These funding sources shall include but 23 are not limited to reimbursements from other state agencies, 24 commissions, boards, or similar entities, and reimbursements 25 from special funds or internal accounts within the department 26 of justice. The department of justice shall also report actual 27 reimbursements for the fiscal year commencing July 1, 2012, 28 and actual and expected reimbursements for the fiscal year 29 commencing July 1, 2013. 30 b. The department of justice shall include the report 31 required under paragraph “a”, as well as information regarding 32 any revisions occurring as a result of reimbursements actually 33 received or expected at a later date, in a report to the 34 co-chairpersons and ranking members of the joint appropriations 35 -2- SF 447 (5) 85 jm/jp/jh 2/ 23
S.F. 447 subcommittee on the justice system and the legislative services 1 agency. The department of justice shall submit the report on 2 or before January 15, 2014. 3 Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated 4 from the department of commerce revolving fund created in 5 section 546.12 to the office of consumer advocate of the 6 department of justice for the fiscal year beginning July 1, 7 2013, and ending June 30, 2014, the following amount, or so 8 much thereof as is necessary, to be used for the purposes 9 designated: 10 For salaries, support, maintenance, miscellaneous purposes, 11 and for not more than the following full-time equivalent 12 positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,136,163 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 15 Sec. 3. DEPARTMENT OF CORRECTIONS —— FACILITIES. 16 1. There is appropriated from the general fund of the 17 state to the department of corrections for the fiscal year 18 beginning July 1, 2013, and ending June 30, 2014, the following 19 amounts, or so much thereof as is necessary, to be used for the 20 operation of adult correctional institutions, reimbursement 21 of counties for certain confinement costs, and federal prison 22 reimbursement, to be allocated as follows: 23 a. For the operation of the Fort Madison correctional 24 facility, including salaries, support, maintenance, and 25 miscellaneous purposes: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 51,645,396 27 The department shall operate the clinical care unit at a 28 capacity of at least 160 beds. The department shall also 29 operate the John Bennett unit to house minimum security 30 inmates until the bunkhouse at farm one, Fort Madison, has been 31 renovated or replaced. 32 The department of corrections shall submit, to the 33 co-chairpersons and ranking members of the joint appropriations 34 subcommittee on the justice system by January 15, 2014, the 35 -3- SF 447 (5) 85 jm/jp/jh 3/ 23
S.F. 447 plans for the integration of the John Bennett facility and the 1 clinical care unit into the new Fort Madison maximum security 2 correctional facility and the future plans for the use of the 3 current Fort Madison maximum security correctional facility 4 after the inmates are transferred to the new facility. 5 b. For the operation of the Anamosa correctional facility, 6 including salaries, support, maintenance, and miscellaneous 7 purposes: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,183,850 9 c. For the operation of the Luster Heights prison camp: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,643,039 11 d. For the operation of the Oakdale correctional facility, 12 including salaries, support, maintenance, and miscellaneous 13 purposes: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 58,550,123 15 e. For the operation of the Newton correctional facility, 16 including salaries, support, maintenance, and miscellaneous 17 purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,348,450 19 f. For the operation of the Mt. Pleasant correctional 20 facility, including salaries, support, maintenance, and 21 miscellaneous purposes: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,573,157 23 g. For the operation of the Rockwell City correctional 24 facility, including salaries, support, maintenance, and 25 miscellaneous purposes: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,836,698 27 h. For the operation of the Clarinda correctional facility, 28 including salaries, support, maintenance, and miscellaneous 29 purposes: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,982,680 31 Moneys received by the department of corrections as 32 reimbursement for services provided to the Clarinda youth 33 corporation are appropriated to the department and shall be 34 used for the purpose of operating the Clarinda correctional 35 -4- SF 447 (5) 85 jm/jp/jh 4/ 23
S.F. 447 facility. 1 i. For the operation of the Mitchellville correctional 2 facility, including salaries, support, maintenance, and 3 miscellaneous purposes: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,088,953 5 j. For the operation of the Fort Dodge correctional 6 facility, including salaries, support, maintenance, and 7 miscellaneous purposes: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,157,258 9 k. For reimbursement of counties for temporary confinement 10 of work release and parole violators, as provided in sections 11 901.7, 904.908, and 906.17, and for offenders confined pursuant 12 to section 904.513: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,075,092 14 l. For federal prison reimbursement, reimbursements for 15 out-of-state placements, and miscellaneous contracts: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 484,411 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. There 22 is appropriated from the general fund of the state to the 23 department of corrections for the fiscal year beginning July 24 1, 2013, and ending June 30, 2014, 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, support, 28 maintenance, employment of an education director to administer 29 a centralized education program for the correctional system, 30 and miscellaneous purposes: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,831,582 32 a. It is the intent of the general assembly that as a 33 condition of receiving the appropriation provided in this 34 lettered paragraph the department of corrections shall not, 35 -5- SF 447 (5) 85 jm/jp/jh 5/ 23
S.F. 447 except as otherwise provided in paragraph “c”, enter into a 1 new contract, unless the contract is a renewal of an existing 2 contract, for the expenditure of moneys in excess of $100,000 3 during the fiscal year beginning July 1, 2013, for the 4 privatization of services performed by the department using 5 state employees as of July 1, 2013, or for the privatization 6 of new services by the department without prior consultation 7 with any applicable state employee organization affected 8 by the proposed new contract and prior notification of the 9 co-chairpersons and ranking members of the joint appropriations 10 subcommittee on the justice system. 11 b. It is the intent of the general assembly that each 12 lease negotiated by the department of corrections with a 13 private corporation for the purpose of providing private 14 industry employment of inmates in a correctional institution 15 shall prohibit the private corporation from utilizing inmate 16 labor for partisan political purposes for any person seeking 17 election to public office in this state and that a violation 18 of this requirement shall result in a termination of the lease 19 agreement. 20 c. It is the intent of the general assembly that as a 21 condition of receiving the appropriation provided in this 22 subsection the department of corrections shall not enter into 23 a lease or contractual agreement pursuant to section 904.809 24 with a private corporation for the use of building space for 25 the purpose of providing inmate employment without providing 26 that the terms of the lease or contract establish safeguards to 27 restrict, to the greatest extent feasible, access by inmates 28 working for the private corporation to personal identifying 29 information of citizens. 30 2. For educational programs for inmates at state penal 31 institutions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,858,109 33 a. As a condition of receiving the appropriation in this 34 subsection, the department of corrections shall transfer at 35 -6- SF 447 (5) 85 jm/jp/jh 6/ 23
S.F. 447 least $150,000 from the canteen operating funds established 1 pursuant to section 904.310 to be used for correctional 2 educational programs funded in this subsection. 3 b. It is the intent of the general assembly that moneys 4 appropriated in this subsection shall be used solely for the 5 purpose indicated and that the moneys shall not be transferred 6 for any other purpose. In addition, it is the intent of the 7 general assembly that the department shall consult with the 8 community colleges in the areas in which the institutions are 9 located to utilize moneys appropriated in this subsection 10 to fund the high school completion, high school equivalency 11 diploma, adult literacy, and adult basic education programs in 12 a manner so as to maintain these programs at the institutions. 13 c. To maximize the funding for educational programs, 14 the department shall establish guidelines and procedures to 15 prioritize the availability of educational and vocational 16 training for inmates based upon the goal of facilitating an 17 inmate’s successful release from the correctional institution. 18 d. The director of the department of corrections may 19 transfer moneys from Iowa prison industries for use in 20 supporting educational programs for inmates. 21 e. Notwithstanding section 8.33, moneys appropriated in 22 this subsection that remain unobligated or unexpended at the 23 close of the fiscal year shall not revert but shall remain 24 available to be used only for the purposes designated in this 25 subsection until the close of the succeeding fiscal year. 26 3. For the development of the Iowa corrections offender 27 network (ICON) data system: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 29 4. For offender mental health and substance abuse 30 treatment: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,319 32 5. For viral hepatitis prevention and treatment: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 167,881 34 6. It is the intent of the general assembly that for 35 -7- SF 447 (5) 85 jm/jp/jh 7/ 23
S.F. 447 the fiscal year addressed by this section the department of 1 corrections shall continue to operate the correctional farms 2 under the control of the department at the same or greater 3 level of participation and involvement as existed as of January 4 1, 2011; shall not enter into any rental agreement or contract 5 concerning any farmland under the control of the department 6 that is not subject to a rental agreement or contract as of 7 January 1, 2011, without prior legislative approval; and 8 shall further attempt to provide job opportunities at the 9 farms for inmates. The department shall attempt to provide 10 job opportunities at the farms for inmates by encouraging 11 labor-intensive farming or gardening where appropriate; using 12 inmates to grow produce and meat for institutional consumption; 13 researching the possibility of instituting food canning 14 and cook-and-chill operations; and exploring opportunities 15 for organic farming and gardening, livestock ventures, 16 horticulture, and specialized crops. 17 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 18 SERVICES. 19 1. There is appropriated from the general fund of the state 20 to the department of corrections for the fiscal year beginning 21 July 1, 2013, and ending June 30, 2014, for salaries, support, 22 maintenance, and miscellaneous purposes, the following amounts, 23 or so much thereof as is necessary, to be allocated as follows: 24 a. For the first judicial district department of 25 correctional services: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,099,085 27 b. For the second judicial district department of 28 correctional services: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,099,457 30 c. For the third judicial district department of 31 correctional services: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,105,865 33 d. For the fourth judicial district department of 34 correctional services: 35 -8- SF 447 (5) 85 jm/jp/jh 8/ 23
S.F. 447 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,552,458 1 e. For the fifth judicial district department of 2 correctional services, including funding for electronic 3 monitoring devices for use on a statewide basis: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,367,463 5 f. For the sixth judicial district department of 6 correctional services: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,461,170 8 g. For the seventh judicial district department of 9 correctional services: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,609,781 11 h. For the eighth judicial district department of 12 correctional services: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,206,613 14 2. Each judicial district department of correctional 15 services, within the funding available, shall continue programs 16 and plans established within that district to provide for 17 intensive supervision, sex offender treatment, diversion of 18 low-risk offenders to the least restrictive sanction available, 19 job development, and expanded use of intermediate criminal 20 sanctions. 21 3. Each judicial district department of correctional 22 services shall provide alternatives to prison consistent with 23 chapter 901B. The alternatives to prison shall ensure public 24 safety while providing maximum rehabilitation to the offender. 25 A judicial district department of correctional services may 26 also establish a day program. 27 4. The governor’s office of drug control policy shall 28 consider federal grants made to the department of corrections 29 for the benefit of each of the eight judicial district 30 departments of correctional services as local government 31 grants, as defined pursuant to federal regulations. 32 5. The department of corrections shall continue to contract 33 with a judicial district department of correctional services to 34 provide for the rental of electronic monitoring equipment which 35 -9- SF 447 (5) 85 jm/jp/jh 9/ 23
S.F. 447 shall be available statewide. 1 Sec. 6. DEPARTMENT OF CORRECTIONS —— REALLOCATION OF 2 APPROPRIATIONS. Notwithstanding section 8.39, within the 3 moneys appropriated in this division of this Act to the 4 department of corrections, the department may reallocate the 5 moneys appropriated and allocated as necessary to best fulfill 6 the needs of the correctional institutions, administration 7 of the department, and the judicial district departments of 8 correctional services. However, in addition to complying with 9 the requirements of sections 904.116 and 905.8 and providing 10 notice to the legislative services agency and the chairpersons 11 and ranking members of the joint appropriations subcommittee 12 on the justice system, the department of corrections shall 13 also provide notice to the department of management, prior 14 to the effective date of the revision or reallocation of an 15 appropriation made pursuant to this section. The department of 16 corrections shall not reallocate an appropriation or allocation 17 for the purpose of eliminating any program. 18 Sec. 7. INTENT —— REPORTS. 19 1. The department of corrections in cooperation with 20 townships, the Iowa cemetery associations, and other nonprofit 21 or governmental entities may use inmate labor during the 22 fiscal year beginning July 1, 2013, to restore or preserve 23 rural cemeteries and historical landmarks. The department in 24 cooperation with the counties may also use inmate labor to 25 clean up roads, major water sources, and other water sources 26 around the state. 27 2. On a quarterly basis the department shall provide a 28 status report regarding private-sector employment to the 29 legislative services agency beginning on July 1, 2013. The 30 report shall include the number of offenders employed in the 31 private sector, the combined number of hours worked by the 32 offenders, the total amount of allowances, and the distribution 33 of allowances pursuant to section 904.702, including any moneys 34 deposited in the general fund of the state. 35 -10- SF 447 (5) 85 jm/jp/jh 10/ 23
S.F. 447 Sec. 8. ELECTRONIC MONITORING REPORT. The department of 1 corrections shall submit a report on electronic monitoring to 2 the general assembly, to the co-chairpersons and the ranking 3 members of the joint appropriations subcommittee on the justice 4 system, and to the legislative services agency by January 5 15, 2014. The report shall specifically address the number 6 of persons being electronically monitored and break down the 7 number of persons being electronically monitored by offense 8 committed. The report shall also include a comparison of any 9 data from the prior fiscal year with the current year. 10 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 11 1. As used in this section, unless the context otherwise 12 requires, “state agency” means the government of the state 13 of Iowa, including but not limited to all executive branch 14 departments, agencies, boards, bureaus, and commissions, the 15 judicial branch, the general assembly and all legislative 16 agencies, institutions within the purview of the state board of 17 regents, and any corporation whose primary function is to act 18 as an instrumentality of the state. 19 2. State agencies are hereby encouraged to purchase 20 products from Iowa state industries, as defined in section 21 904.802, when purchases are required and the products are 22 available from Iowa state industries. State agencies shall 23 obtain bids from Iowa state industries for purchases of 24 office furniture during the fiscal year beginning July 1, 25 2013, exceeding $5,000 or in accordance with applicable 26 administrative rules related to purchases for the agency. 27 Sec. 10. IOWA LAW ENFORCEMENT ACADEMY. 28 1. There is appropriated from the general fund of the 29 state to the Iowa law enforcement academy for the fiscal year 30 beginning July 1, 2013, and ending June 30, 2014, the following 31 amount, or so much thereof as is necessary, to be used for the 32 purposes designated: 33 For salaries, support, maintenance, miscellaneous purposes, 34 including jailer training and technical assistance, and for not 35 -11- SF 447 (5) 85 jm/jp/jh 11/ 23
S.F. 447 more than the following full-time equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,001,698 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 23.88 3 It is the intent of the general assembly that the Iowa law 4 enforcement academy may provide training of state and local 5 law enforcement personnel concerning the recognition of and 6 response to persons with Alzheimer’s disease. 7 The Iowa law enforcement academy may temporarily exceed and 8 draw more than the amount appropriated in this subsection and 9 incur a negative cash balance as long as there are receivables 10 equal to or greater than the negative balance and the amount 11 appropriated in this subsection is not exceeded at the close 12 of the fiscal year. 13 2. The Iowa law enforcement academy may select at least 14 five automobiles of the department of public safety, division 15 of state patrol, prior to turning over the automobiles to 16 the department of administrative services to be disposed 17 of by public auction, and the Iowa law enforcement academy 18 may exchange any automobile owned by the academy for each 19 automobile selected if the selected automobile is used in 20 training law enforcement officers at the academy. However, any 21 automobile exchanged by the academy shall be substituted for 22 the selected vehicle of the department of public safety and 23 sold by public auction with the receipts being deposited in the 24 depreciation fund to the credit of the department of public 25 safety, division of state patrol. 26 Sec. 11. STATE PUBLIC DEFENDER. There is appropriated from 27 the general fund of the state to the office of the state public 28 defender of the department of inspections and appeals for the 29 fiscal year beginning July 1, 2013, and ending June 30, 2014, 30 the following amounts, or so much thereof as is necessary, to 31 be allocated as follows for the purposes designated: 32 1. For salaries, support, maintenance, miscellaneous 33 purposes, and for not more than the following full-time 34 equivalent positions: 35 -12- SF 447 (5) 85 jm/jp/jh 12/ 23
S.F. 447 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,862,182 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 219.00 2 2. For payments on behalf of eligible adults and juveniles 3 from the indigent defense fund, in accordance with section 4 815.11: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,901,929 6 Sec. 12. BOARD OF PAROLE. There is appropriated from the 7 general fund of the state to the board of parole for the fiscal 8 year beginning July 1, 2013, and ending June 30, 2014, the 9 following amount, or so much thereof as is necessary, to be 10 used for the purposes designated: 11 For salaries, support, maintenance, miscellaneous purposes, 12 and for not more than the following full-time equivalent 13 positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,203,835 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 11.00 16 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE. There is 17 appropriated from the general fund of the state to the 18 department of public defense for the fiscal year beginning July 19 1, 2013, and ending June 30, 2014, the following amounts, or 20 so much thereof as is necessary, to be used for the purposes 21 designated: 22 1. MILITARY DIVISION 23 For salaries, support, maintenance, miscellaneous purposes, 24 and for not more than the following full-time equivalent 25 positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,527,042 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 293.61 28 The military division may temporarily exceed and draw more 29 than the amount appropriated in this subsection and incur a 30 negative cash balance as long as there are receivables of 31 federal funds equal to or greater than the negative balance and 32 the amount appropriated in this subsection is not exceeded at 33 the close of the fiscal year. 34 2. HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION OR 35 -13- SF 447 (5) 85 jm/jp/jh 13/ 23
S.F. 447 SUCCESSOR AGENCY 1 For salaries, support, maintenance, miscellaneous purposes, 2 and for not more than the following full-time equivalent 3 positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,174,277 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 33.40 6 The homeland security and emergency management division or 7 successor agency may temporarily exceed and draw more than the 8 amount appropriated in this subsection and incur a negative 9 cash balance as long as there are receivables of federal funds 10 equal to or greater than the negative balance and the amount 11 appropriated in this subsection is not exceeded at the close 12 of the fiscal year. 13 Sec. 14. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 14 from the general fund of the state to the department of public 15 safety for the fiscal year beginning July 1, 2013, and ending 16 June 30, 2014, the following amounts, or so much thereof as is 17 necessary, to be used for the purposes designated: 18 1. For the department’s administrative functions, including 19 the criminal justice information system, and for not more than 20 the following full-time equivalent positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,067,054 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 38.00 23 2. For the division of criminal investigation, 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 moneys 28 are appropriated, to meet federal fund matching requirements, 29 and for not more than the following full-time equivalent 30 positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,933,414 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 149.60 33 The department, within available funding, shall investigate 34 cold cases involving murder and other criminal offenses. 35 -14- SF 447 (5) 85 jm/jp/jh 14/ 23
S.F. 447 3. For the criminalistics laboratory fund created in 1 section 691.9: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 302,345 3 4. a. For the division of narcotics enforcement, 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 in 7 section 97A.8, multiplied by the salaries for which the moneys 8 are appropriated, to meet federal fund matching requirements, 9 and for not more than the following full-time equivalent 10 positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,755,855 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 66.00 13 b. For the division of narcotics enforcement for undercover 14 purchases: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 109,042 16 5. For the division of state fire marshal, for fire 17 protection services as provided through the state fire service 18 and emergency response council as created in the department, 19 and for the state’s contribution to the peace officers’ 20 retirement, accident, and disability system provided in chapter 21 97A in the amount of the state’s normal contribution rate, 22 as defined in section 97A.8, multiplied by the salaries for 23 which the moneys are appropriated, and for not more than the 24 following full-time equivalent positions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,470,556 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 53.00 27 6. For the division of state patrol, for salaries, support, 28 maintenance, workers’ compensation costs, and miscellaneous 29 purposes, including the state’s contribution to the peace 30 officers’ retirement, accident, and disability system provided 31 in chapter 97A in the amount of the state’s normal contribution 32 rate, as defined in section 97A.8, multiplied by the salaries 33 for which the moneys are appropriated, and for not more than 34 the following full-time equivalent positions: 35 -15- SF 447 (5) 85 jm/jp/jh 15/ 23
S.F. 447 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 57,036,208 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 506.22 2 7. For deposit in the sick leave benefits fund established 3 under section 80.42 for all departmental employees eligible to 4 receive benefits for accrued sick leave under the collective 5 bargaining agreement: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 279,517 7 8. For costs associated with the training and equipment 8 needs of volunteer fire fighters: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 725,520 10 a. Notwithstanding section 8.33, moneys appropriated in 11 this subsection that remain unencumbered or unobligated at the 12 close of the fiscal year shall not revert but shall remain 13 available for expenditure only for the purpose designated in 14 this subsection until the close of the succeeding fiscal year. 15 b. Notwithstanding section 8.39, the department of public 16 safety may reallocate moneys appropriated in this section 17 as necessary to best fulfill the needs provided for in the 18 appropriation. However, the department shall not reallocate 19 moneys appropriated to the department in this section unless 20 notice of the reallocation is given to the legislative services 21 agency, the chairpersons and ranking members of the joint 22 appropriations subcommittee on the justice system, and the 23 department of management prior to the effective date of the 24 reallocation. The notice shall include information regarding 25 the rationale for reallocating the moneys. The department 26 shall not reallocate moneys appropriated in this section for 27 the purpose of eliminating any program. 28 Sec. 15. 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, 2013, and 32 ending June 30, 2014, 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 -16- SF 447 (5) 85 jm/jp/jh 16/ 23
S.F. 447 the division of criminal investigation’s excursion gambling 1 boat, gambling structure, and racetrack enclosure enforcement 2 activities, including salaries, support, maintenance, 3 miscellaneous purposes, and for not more than the following 4 full-time equivalent positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,898,008 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 115.00 7 2. For each additional license to conduct gambling games on 8 an excursion gambling boat, gambling structure, or racetrack 9 enclosure issued during the fiscal year beginning July 1, 2013, 10 there is appropriated from the gaming enforcement fund to the 11 department of public safety for the fiscal year beginning July 12 1, 2013, and ending June 30, 2014, an additional amount of not 13 more than $300,000 to be used for not more than 3.00 additional 14 full-time equivalent positions. 15 3. The department of public safety, with the approval of the 16 department of management, may employ no more than three special 17 agents for each additional riverboat or gambling structure 18 regulated after July 1, 2013, and three special agents for 19 each racing facility which becomes operational during the 20 fiscal year which begins July 1, 2013. Positions authorized 21 in this subsection are in addition to the full-time equivalent 22 positions otherwise authorized in this section. 23 Sec. 16. CIVIL RIGHTS COMMISSION. There is appropriated 24 from the general fund of the state to the Iowa state civil 25 rights commission for the fiscal year beginning July 1, 26 2013, and ending June 30, 2014, the following amount, or so 27 much thereof as is necessary, to be used for the purposes 28 designated: 29 For salaries, support, maintenance, miscellaneous purposes, 30 and for not more than the following full-time equivalent 31 positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,297,069 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.00 34 The Iowa state civil rights commission may enter into 35 -17- SF 447 (5) 85 jm/jp/jh 17/ 23
S.F. 447 a contract with a nonprofit organization to provide legal 1 assistance to resolve civil rights complaints. 2 Sec. 17. CRIMINAL AND JUVENILE JUSTICE PLANNING 3 DIVISION. There is appropriated from the general fund of the 4 state to the criminal and juvenile justice planning division of 5 the department of human rights for the fiscal year beginning 6 July 1, 2013, and ending June 30, 2014, the following amounts, 7 or so much thereof as is necessary, to be used for the purposes 8 designated: 9 For salaries, support, maintenance, and miscellaneous 10 purposes, and for not more than the following full-time 11 equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,260,105 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.81 14 The criminal and juvenile justice planning advisory council 15 and the juvenile justice advisory council shall coordinate 16 their efforts in carrying out their respective duties relative 17 to juvenile justice. 18 Sec. 18. HOMELAND SECURITY AND EMERGENCY MANAGEMENT 19 DIVISION OR SUCCESSOR AGENCY. There is appropriated from the 20 wireless E911 emergency communications fund created in section 21 34A.7A to the homeland security and emergency management 22 division of the department of public defense or successor 23 agency for the fiscal year beginning July 1, 2013, and ending 24 June 30, 2014, an amount not exceeding $250,000 to be used for 25 implementation, support, and maintenance of the functions of 26 the administrator and program manager under chapter 34A and to 27 employ the auditor of the state to perform an annual audit of 28 the wireless E911 emergency communications fund. 29 Sec. 19. NEW SECTION . 80.44 Public safety broadband 30 interoperability communications fund. 31 1. A statewide public safety broadband interoperability 32 communications fund is established in the office of the 33 treasurer of state under the control of the department of 34 public safety. Any moneys annually appropriated, granted, 35 -18- SF 447 (5) 85 jm/jp/jh 18/ 23
S.F. 447 or credited to the fund, including any federal moneys, are 1 appropriated to the department of public safety for the 2 planning and development of a statewide public safety broadband 3 interoperability communications system. 4 2. Notwithstanding section 12C.7, subsection 2, interest 5 and earnings on moneys deposited in the fund shall be credited 6 to the fund. Notwithstanding section 8.33, moneys credited to 7 the fund shall not revert to any other fund but shall remain 8 available to be used for the purposes specified in subsection 9 1. 10 Sec. 20. Section 85.67, Code 2013, is amended to read as 11 follows: 12 85.67 Administration of fund —— special counsel —— payment of 13 award. 14 The attorney general shall appoint a staff member 15 to represent the treasurer of state and the fund in all 16 proceedings and matters arising under this division . The 17 attorney general shall be reimbursed up to one hundred fifty 18 two hundred fifteen thousand dollars annually from the fund 19 for services provided related to the fund. The commissioner 20 of insurance shall consider the reimbursement to the attorney 21 general as an outstanding liability when making a determination 22 of funding availability under section 85.65A, subsection 23 2 . In making an award under this division , the workers’ 24 compensation commissioner shall specifically find the amount 25 the injured employee shall be paid weekly, the number of weeks 26 of compensation which shall be paid by the employer, the date 27 upon which payments out of the fund shall begin, and, if 28 possible, the length of time the payments shall continue. 29 Sec. 21. Section 99D.14, subsection 2, paragraph a, Code 30 2013, is amended to read as follows: 31 a. A licensee shall pay a regulatory fee to be charged as 32 provided in this section . In determining the regulatory fee 33 to be charged as provided under this section , the commission 34 shall use the amount appropriated to the commission plus the 35 -19- SF 447 (5) 85 jm/jp/jh 19/ 23
S.F. 447 cost of salaries for no more than two three special agents for 1 each racetrack that has not been issued a table games license 2 under chapter 99F or no more than three special agents for each 3 racetrack that has been issued a table games license under 4 chapter 99F , plus any direct and indirect support costs for the 5 agents, for the division of criminal investigation’s racetrack 6 activities, as the basis for determining the amount of revenue 7 to be raised from the regulatory fee. 8 Sec. 22. Section 99D.14, subsection 2, Code 2013, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . d. By January 1, 2015, and by January 1 of 11 every year thereafter, the division of criminal investigation 12 shall provide the commission with a report detailing the 13 activities of the division during the previous fiscal year for 14 each racetrack enclosure. 15 Sec. 23. Section 99F.10, subsection 4, Code 2013, is amended 16 to read as follows: 17 4. a. In determining the license fees and state regulatory 18 fees to be charged as provided under section 99F.4 and this 19 section , the commission shall use as the basis for determining 20 the amount of revenue to be raised from the license fees and 21 regulatory fees the amount appropriated to the commission plus 22 the following as applicable: 23 (1) Prior to July 1, 2017, the cost of salaries for no more 24 than two special agents for each excursion gambling boat or 25 gambling structure and no more than four gaming enforcement 26 officers for each excursion gambling boat or gambling structure 27 with a patron capacity of less than two thousand persons or no 28 more than five gaming enforcement officers for each excursion 29 gambling boat or gambling structure with a patron capacity of 30 at least two thousand persons, plus any direct and indirect 31 support costs for the agents and officers, for the division of 32 criminal investigation’s excursion gambling boat or gambling 33 structure activities. However, the division of criminal 34 investigation may add one additional special agent to the 35 -20- SF 447 (5) 85 jm/jp/jh 20/ 23
S.F. 447 number of special agents specified in this subparagraph for 1 each excursion gambling boat or gambling structure if at least 2 two gaming enforcement officer full-time equivalent positions 3 are vacant. Otherwise, the division of criminal investigation 4 shall not fill vacant gaming enforcement officer positions. 5 (2) On or after July 1, 2017, the cost of salaries for no 6 more than three special agents for each excursion gambling 7 boat or gambling structure, plus any direct and indirect 8 support costs for the agents, for the division of criminal 9 investigation’s excursion gambling boat or gambling structure 10 activities. 11 b. Notwithstanding sections 8.60 and 99F.4 , the portion 12 of the fee paid pursuant to paragraph “a” relating to the 13 costs of special agents and officers plus any direct and 14 indirect support costs for the agents and officers, for the 15 division of criminal investigation’s excursion gambling boat 16 or gambling structure activities, shall be deposited into the 17 gaming enforcement revolving fund established in section 80.43 . 18 However, the department of public safety shall transfer, on an 19 annual basis, the portion of the regulatory fee attributable 20 to the indirect support costs of the special agents and gaming 21 enforcement officers to the general fund of the state. 22 c. Notwithstanding sections 8.60 and 99F.4 , the portion of 23 the fee paid pursuant to paragraph “a” relating to the costs 24 of the commission shall not be deposited in the general fund 25 of the state but instead shall be deposited into the gaming 26 regulatory revolving fund established in section 99F.20 . 27 d. By January 1, 2014, and by January 1 of every year 28 thereafter, the division of criminal investigation shall 29 provide the commission with a report detailing the activities 30 of the division during the previous fiscal year for each 31 excursion gambling boat and gambling structure. 32 Sec. 24. Section 654.4B, subsection 2, paragraph b, Code 33 2013, is amended by striking the paragraph. 34 Sec. 25. Section 714.16C, subsection 2, Code 2013, is 35 -21- SF 447 (5) 85 jm/jp/jh 21/ 23
S.F. 447 amended to read as follows: 1 2. For each fiscal year, not more than one million one 2 hundred twenty-five eight hundred seventy-five thousand dollars 3 is appropriated from the fund to the department of justice to 4 be used for public education relating to consumer fraud and for 5 enforcement of section 714.16 and federal consumer laws, and 6 not more than seventy-five one hundred twenty-five thousand 7 dollars is appropriated from the fund to the department of 8 justice to be used for investigation, prosecution, and consumer 9 education relating to consumer and criminal fraud committed 10 against older Iowans. 11 Sec. 26. 2011 Iowa Acts, chapter 134, section 43, subsection 12 9, as amended by 2012 Iowa Acts, chapter 1134, section 10, is 13 amended to read as follows: 14 9. For costs associated with the training and operation 15 of the statewide interoperable communications system board 16 excluding salaries and contracts or deposit in the statewide 17 public safety broadband interoperability communications fund 18 established by this 2013 Act in section 80.44, as determined 19 by the department : 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 48,000 21 Sec. 27. IOWA CORRECTIONS OFFENDER NETWORK —— 22 FUND. Notwithstanding any provision of law to the contrary, 23 the unencumbered or unobligated balance of the Iowa corrections 24 offender network fund at the close of the fiscal year beginning 25 July 1, 2012, or the close of any succeeding fiscal year that 26 would otherwise be required by law to revert to, be deposited 27 in, or to be credited to the Iowa offender network fund shall 28 instead be credited to the general fund of the state. 29 Sec. 28. GAMING ENFORCEMENT STUDY. The division of criminal 30 investigation of the department of public safety and the Iowa 31 gaming association shall jointly or separately file a report 32 with the co-chairpersons and ranking members of the joint 33 appropriations subcommittee on the justice system and the 34 legislative services agency by December 15, 2013, detailing the 35 -22- SF 447 (5) 85 jm/jp/jh 22/ 23
S.F. 447 activities of gaming enforcement officers and special agents 1 working at excursion gambling boats, gambling structures, and 2 racetrack enclosures. The report shall include the number 3 of incidences the gaming enforcement officers handle versus 4 private security, the number of fraud investigations and 5 background checks performed by the special agents, and the 6 percentage of time gaming enforcement officers and special 7 agents work on gaming-related and nongaming-related cases. 8 The report shall also include the time periods each excursion 9 gambling boat, gambling structure, and racetrack enclosure 10 are not staffed by at least one gaming enforcement officer or 11 special agent. 12 Sec. 29. REPEAL. Section 904.118, Code 2013, is repealed. 13 Sec. 30. EFFECTIVE UPON ENACTMENT. The following 14 provision or provisions of this Act, being deemed of immediate 15 importance, take effect upon enactment: 16 1. The section of this Act amending 2011 Iowa Acts, chapter 17 134, section 43, subsection 9, as amended by 2012 Iowa Acts, 18 chapter 1134, section 10. 19 2. The section of this Act enacting the section tentatively 20 numbered 80.44. 21 3. The section of this Act relating to the balance of the 22 Iowa corrections offender network fund. 23 -23- SF 447 (5) 85 jm/jp/jh 23/ 23