House File 2458 - Reprinted HOUSE FILE 2458 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO LSB 5015HB) (As Amended and Passed by the House April 19, 2016 ) A BILL FOR An Act relating to appropriations to the justice system. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 HF 2458 (3) 86 jm/rn/md
H.F. 2458 Section 1. 2015 Iowa Acts, chapter 135, section 23, is 1 amended to read as follows: 2 SEC. 23. 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, 2016, and ending June 30, 2017, 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,994,953 16 7,989,905 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 214.00 18 215.00 19 As a condition of receiving the appropriation provided 20 in this lettered paragraph, the department of justice shall 21 maintain a record of the estimated time incurred representing 22 each agency or department. 23 b. For victim assistance grants: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,367,200 25 6,734,400 26 The moneys 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 31 in section 915.94 may be used to provide salary and support 32 of not more than 24 29.00 FTEs and to provide maintenance 33 for the victim compensation functions of the department of 34 justice. Of the FTEs authorized pursuant to this paragraph, 35 -1- HF 2458 (3) 86 jm/rn/md 1/ 22
H.F. 2458 5.00 FTEs shall be used by the department of justice to employ 1 one accountant and four program planners. The department of 2 justice may employ the additional five FTEs authorized pursuant 3 to this lettered paragraph that are in excess of the number 4 of FTEs authorized for the previous fiscal year only if the 5 department of justice receives sufficient federal moneys to 6 maintain employment for the additional FTEs during the current 7 fiscal year. The department of justice shall only employ the 8 additional five FTEs in succeeding fiscal years if sufficient 9 federal moneys are received during each of those succeeding 10 fiscal years. 11 The department of justice shall transfer at least $150,000 12 from the victim compensation fund established in section 915.94 13 to the victim assistance grant program. 14 Notwithstanding section 8.33 , moneys appropriated in this 15 paragraph “b” that remain unencumbered or unobligated at the 16 close of the fiscal year shall not revert but shall remain 17 available for expenditure for the purposes designated until the 18 close of the succeeding fiscal year. 19 c. For legal services for persons in poverty grants as 20 provided in section 13.34 : 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,200,000 22 2,400,000 23 2. a. The department of justice, in submitting budget 24 estimates for the fiscal year commencing July 1, 2017, pursuant 25 to section 8.23 , shall include a report of funding from sources 26 other than amounts appropriated directly from the general fund 27 of the state to the department of justice or to the office of 28 consumer advocate. These funding sources shall include but 29 are not limited to reimbursements from other state agencies, 30 commissions, boards, or similar entities, and reimbursements 31 from special funds or internal accounts within the department 32 of justice. The department of justice shall also report actual 33 reimbursements for the fiscal year commencing July 1, 2015, 34 and actual and expected reimbursements for the fiscal year 35 -2- HF 2458 (3) 86 jm/rn/md 2/ 22
H.F. 2458 commencing July 1, 2016. 1 b. The department of justice shall include the report 2 required under paragraph “a”, as well as information regarding 3 any revisions occurring as a result of reimbursements actually 4 received or expected at a later date, in a report to the 5 co-chairpersons and ranking members of the joint appropriations 6 subcommittee on the justice system and the legislative services 7 agency. The department of justice shall submit the report on 8 or before January 15, 2017. 9 3. a. The department of justice shall reimburse the 10 costs and necessary related expenses incurred by the Iowa 11 law enforcement academy to employ one additional instructor 12 position who shall provide training for domestic abuse and 13 human trafficking-related issues throughout the state. 14 b. The department of justice shall obtain the moneys 15 necessary to reimburse the Iowa law enforcement academy to 16 employ such an instructor from unrestricted moneys from either 17 the victim compensation fund established in section 915.94, the 18 human trafficking victim fund established in section 915.95, or 19 the human trafficking enforcement fund established in 2015 Iowa 20 Acts, ch. 138, §141. 21 Sec. 2. 2015 Iowa Acts, chapter 135, section 24, is amended 22 to read as follows: 23 SEC. 24. OFFICE OF CONSUMER ADVOCATE. There is appropriated 24 from the department of commerce revolving fund created in 25 section 546.12 to the office of consumer advocate of the 26 department of justice for the fiscal year beginning July 1, 27 2016, and ending June 30, 2017, the following amount, or so 28 much thereof as is necessary, to be used for the purposes 29 designated: 30 For salaries, support, maintenance, and miscellaneous 31 purposes, and for not more than the following full-time 32 equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,568,794 34 3,137,588 35 -3- HF 2458 (3) 86 jm/rn/md 3/ 22
H.F. 2458 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 1 Sec. 3. 2015 Iowa Acts, chapter 135, section 25, is amended 2 to read as follows: 3 SEC. 25. DEPARTMENT OF CORRECTIONS —— FACILITIES. 4 1. There is appropriated from the general fund of the state 5 to the department of corrections for the fiscal year beginning 6 July 1, 2016, and ending June 30, 2017, the following amounts, 7 or so much thereof as is necessary, to be used for the purposes 8 designated: 9 a. For the operation of the Fort Madison correctional 10 facility, including salaries, support, maintenance, and 11 miscellaneous purposes: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,885,801 13 43,771,602 14 b. For the operation of the Anamosa correctional facility, 15 including salaries, support, maintenance, and miscellaneous 16 purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,834,127 18 33,668,253 19 It is the intent of the general assembly that the department 20 of corrections maintain and operate the Luster Heights prison 21 camp. 22 c. For the operation of the Oakdale correctional facility, 23 including salaries, support, maintenance, and miscellaneous 24 purposes: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,079,046 26 60,158,092 27 d. For the operation of the Newton correctional facility, 28 including salaries, support, maintenance, and miscellaneous 29 purposes: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,786,054 31 27,974,048 32 e. For the operation of the Mount Pleasant correctional 33 facility, including salaries, support, maintenance, and 34 miscellaneous purposes: 35 -4- HF 2458 (3) 86 jm/rn/md 4/ 22
H.F. 2458 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,680,067 1 24,958,195 2 f. For the operation of the Rockwell City correctional 3 facility, including salaries, support, maintenance, and 4 miscellaneous purposes: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,918,177 6 9,836,353 7 g. For the operation of the Clarinda correctional facility, 8 including salaries, support, maintenance, and miscellaneous 9 purposes: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,966,715 11 25,933,430 12 Moneys received by the department of corrections as 13 reimbursement for services provided to the Clarinda youth 14 corporation are appropriated to the department and shall be 15 used for the purpose of operating the Clarinda correctional 16 facility. 17 h. For the operation of the Mitchellville correctional 18 facility, including salaries, support, maintenance, and 19 miscellaneous purposes: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,322,985 21 22,645,970 22 i. For the operation of the Fort Dodge correctional 23 facility, including salaries, support, maintenance, and 24 miscellaneous purposes: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,048,824 26 30,097,648 27 j. For reimbursement of counties for temporary confinement 28 of work release and parole violators, as provided in sections 29 901.7 , 904.908 , and 906.17 , and for offenders confined pursuant 30 to section 904.513 : 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 537,546 32 1,075,092 33 k. For federal prison reimbursement, reimbursements for 34 out-of-state placements, and miscellaneous contracts: 35 -5- HF 2458 (3) 86 jm/rn/md 5/ 22
H.F. 2458 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 242,205 1 484,411 2 2. The department of corrections shall use moneys 3 appropriated in subsection 1 to continue to contract for the 4 services of a Muslim imam and a Native American spiritual 5 leader. 6 Sec. 4. 2015 Iowa Acts, chapter 135, section 26, is amended 7 to read as follows: 8 SEC. 26. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. 9 There is appropriated from the general fund of the state to the 10 department of corrections for the fiscal year beginning July 11 1, 2016, and ending June 30, 2017, the following amounts, or 12 so much thereof as is necessary, to be used for the purposes 13 designated: 14 1. For general administration, including salaries, support, 15 maintenance, employment of an education director to administer 16 a centralized education program for the correctional system, 17 and miscellaneous purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,635,005 19 5,270,010 20 a. It is the intent of the general assembly that each 21 lease negotiated by the department of corrections with a 22 private corporation for the purpose of providing private 23 industry employment of inmates in a correctional institution 24 shall prohibit the private corporation from utilizing inmate 25 labor for partisan political purposes for any person seeking 26 election to public office in this state and that a violation 27 of this requirement shall result in a termination of the lease 28 agreement. 29 b. It is the intent of the general assembly that as a 30 condition of receiving the appropriation provided in this 31 subsection the department of corrections shall not enter into 32 a lease or contractual agreement pursuant to section 904.809 33 with a private corporation for the use of building space for 34 the purpose of providing inmate employment without providing 35 -6- HF 2458 (3) 86 jm/rn/md 6/ 22
H.F. 2458 that the terms of the lease or contract establish safeguards to 1 restrict, to the greatest extent feasible, access by inmates 2 working for the private corporation to personal identifying 3 information of citizens. 4 2. For educational programs for inmates at state penal 5 institutions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,304,055 7 2,608,109 8 a. To maximize the funding for educational programs, 9 the department shall establish guidelines and procedures to 10 prioritize the availability of educational and vocational 11 training for inmates based upon the goal of facilitating an 12 inmate’s successful release from the correctional institution. 13 b. The director of the department of corrections may 14 transfer moneys from Iowa prison industries and the canteen 15 operating funds established pursuant to section 904.310 , for 16 use in educational programs for inmates. 17 c. Notwithstanding section 8.33 , moneys appropriated in 18 this subsection that remain unobligated or unexpended at the 19 close of the fiscal year shall not revert but shall remain 20 available to be used only for the purposes designated in this 21 subsection until the close of the succeeding fiscal year. 22 3. For the development of the Iowa corrections offender 23 network (ICON) data system: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 25 2,000,000 26 4. For offender mental health and substance abuse 27 treatment: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,159 29 22,319 30 4A. For department-wide duties, including operations, 31 costs, and miscellaneous purposes: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,407,808 33 5. It is the intent of the general assembly that for 34 the fiscal year addressed by this section the department of 35 -7- HF 2458 (3) 86 jm/rn/md 7/ 22
H.F. 2458 corrections shall continue to operate the correctional farms 1 under the control of the department at the same or greater 2 level of participation and involvement as existed as of January 3 1, 2011; shall not enter into any rental agreement or contract 4 concerning any farmland under the control of the department 5 that is not subject to a rental agreement or contract as of 6 January 1, 2011, without prior legislative approval; and 7 shall further attempt to provide job opportunities at the 8 farms for inmates. The department shall attempt to provide 9 job opportunities at the farms for inmates by encouraging 10 labor-intensive farming or gardening where appropriate; using 11 inmates to grow produce and meat for institutional consumption; 12 researching the possibility of instituting food canning 13 and cook-and-chill operations; and exploring opportunities 14 for organic farming and gardening, livestock ventures, 15 horticulture, and specialized crops. 16 Sec. 5. 2015 Iowa Acts, chapter 135, section 27, is amended 17 to read as follows: 18 SEC. 27. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 19 SERVICES. 20 1. There is appropriated from the general fund of the state 21 to the department of corrections for the fiscal year beginning 22 July 1, 2016, and ending June 30, 2017, for salaries, support, 23 maintenance, and miscellaneous purposes, the following amounts, 24 or so much thereof as is necessary, to be used for the purposes 25 designated: 26 a. For the first judicial district department of 27 correctional services: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,393,988 29 14,787,977 30 It is the intent of the general assembly that the first 31 judicial district department of correctional services maintain 32 the drug courts operated by the district department. 33 b. For the second judicial district department of 34 correctional services: 35 -8- HF 2458 (3) 86 jm/rn/md 8/ 22
H.F. 2458 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,750,331 1 11,500,661 2 It is the intent of the general assembly that the second 3 judicial district department of correctional services establish 4 and maintain two drug courts to be operated by the district 5 department. 6 c. For the third judicial district department of 7 correctional services: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,620,628 9 7,241,257 10 d. For the fourth judicial district department of 11 correctional services: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,819,003 13 5,638,005 14 e. For the fifth judicial district department of 15 correctional services, including funding for electronic 16 monitoring devices for use on a statewide basis: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,539,196 18 21,078,393 19 It is the intent of the general assembly that the fifth 20 judicial district department of correctional services maintain 21 the drug court operated by the district department. 22 f. For the sixth judicial district department of 23 correctional services: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,431,812 25 14,863,623 26 It is the intent of the general assembly that the sixth 27 judicial district department of correctional services maintain 28 the drug court operated by the district department. 29 g. For the seventh judicial district department of 30 correctional services: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,928,436 32 7,856,873 33 It is the intent of the general assembly that the seventh 34 judicial district department of correctional services maintain 35 -9- HF 2458 (3) 86 jm/rn/md 9/ 22
H.F. 2458 the drug court operated by the district department. 1 h. For the eighth judicial district department of 2 correctional services: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,083,597 4 8,167,194 5 2. Each judicial district department of correctional 6 services, within the funding available, shall continue programs 7 and plans established within that district to provide for 8 intensive supervision, sex offender treatment, diversion of 9 low-risk offenders to the least restrictive sanction available, 10 job development, and expanded use of intermediate criminal 11 sanctions. 12 3. Each judicial district department of correctional 13 services shall provide alternatives to prison consistent with 14 chapter 901B . The alternatives to prison shall ensure public 15 safety while providing maximum rehabilitation to the offender. 16 A judicial district department of correctional services may 17 also establish a day program. 18 4. The governor’s office of drug control policy shall 19 consider federal grants made to the department of corrections 20 for the benefit of each of the eight judicial district 21 departments of correctional services as local government 22 grants, as defined pursuant to federal regulations. 23 5. The department of corrections shall continue to contract 24 with a judicial district department of correctional services to 25 provide for the rental of electronic monitoring equipment which 26 shall be available statewide. 27 Sec. 6. 2015 Iowa Acts, chapter 135, section 32, is amended 28 to read as follows: 29 SEC. 32. IOWA LAW ENFORCEMENT ACADEMY. 30 1. There is appropriated from the general fund of the 31 state to the Iowa law enforcement academy for the fiscal year 32 beginning July 1, 2016, and ending June 30, 2017, the following 33 amount, or so much thereof as is necessary, to be used for the 34 purposes designated: 35 -10- HF 2458 (3) 86 jm/rn/md 10/ 22
H.F. 2458 For salaries, support, maintenance, and miscellaneous 1 purposes, including jailer training and technical assistance, 2 and for not more than the following full-time equivalent 3 positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 501,607 5 1,003,214 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 24.00 7 25.00 8 It is the intent of the general assembly that the Iowa law 9 enforcement academy may provide training of state and local 10 law enforcement personnel concerning the recognition of and 11 response to persons with Alzheimer’s disease. 12 The Iowa law enforcement academy may temporarily exceed and 13 draw more than the amount appropriated in this subsection and 14 incur a negative cash balance as long as there are receivables 15 equal to or greater than the negative balance and the amount 16 appropriated in this subsection is not exceeded at the close 17 of the fiscal year. 18 2. The Iowa law enforcement academy may select at least 19 five automobiles of the department of public safety, division 20 of state patrol, prior to turning over the automobiles to 21 the department of administrative services to be disposed 22 of by public auction, and the Iowa law enforcement academy 23 may exchange any automobile owned by the academy for each 24 automobile selected if the selected automobile is used in 25 training law enforcement officers at the academy. However, any 26 automobile exchanged by the academy shall be substituted for 27 the selected vehicle of the department of public safety and 28 sold by public auction with the receipts being deposited in the 29 depreciation fund to the credit of the department of public 30 safety, division of state patrol. 31 3. The Iowa law enforcement academy shall provide training 32 for domestic abuse and human trafficking-related issues 33 throughout the state. The training shall be offered at no 34 cost to the attendees and the training shall not replace any 35 -11- HF 2458 (3) 86 jm/rn/md 11/ 22
H.F. 2458 existing domestic abuse or human trafficking training offered 1 by the academy. 2 Sec. 7. 2015 Iowa Acts, chapter 135, section 33, is amended 3 to read as follows: 4 SEC. 33. STATE PUBLIC DEFENDER. There is appropriated from 5 the general fund of the state to the office of the state public 6 defender of the department of inspections and appeals for the 7 fiscal year beginning July 1, 2016, and ending June 30, 2017, 8 the following amounts, or so much thereof as is necessary, to 9 be used for the purposes designated: 10 1. For salaries, support, maintenance, and miscellaneous 11 purposes, and for not more than the following full-time 12 equivalent positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,016,121 14 26,182,243 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 223.00 16 2. For payments on behalf of eligible adults and juveniles 17 from the indigent defense fund, in accordance with section 18 815.11 : 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,875,965 20 29,601,929 21 Sec. 8. 2015 Iowa Acts, chapter 135, section 34, is amended 22 to read as follows: 23 SEC. 34. BOARD OF PAROLE. There is appropriated from the 24 general fund of the state to the board of parole for the fiscal 25 year beginning July 1, 2016, and ending June 30, 2017, the 26 following amount, or so much thereof as is necessary, to be 27 used for the purposes designated: 28 For salaries, support, maintenance, and miscellaneous 29 purposes, and for not more than the following full-time 30 equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 602,291 32 1,204,583 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.75 34 Sec. 9. 2015 Iowa Acts, chapter 135, section 35, is amended 35 -12- HF 2458 (3) 86 jm/rn/md 12/ 22
H.F. 2458 to read as follows: 1 SEC. 35. DEPARTMENT OF PUBLIC DEFENSE. 2 1. There is appropriated from the general fund of the 3 state to the department of public defense, for the fiscal year 4 beginning July 1, 2016, and ending June 30, 2017, the following 5 amounts, or so much thereof as is necessary, to be used for the 6 purposes designated: 7 For salaries, support, maintenance, and miscellaneous 8 purposes, and for not more than the following full-time 9 equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,277,239 11 6,554,478 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 277.50 13 2. The department of public defense may temporarily exceed 14 and draw more than the amount appropriated in this section and 15 incur a negative cash balance as long as there are receivables 16 of federal funds equal to or greater than the negative balance 17 and the amount appropriated in this section is not exceeded at 18 the close of the fiscal year. 19 Sec. 10. 2015 Iowa Acts, chapter 135, section 36, is amended 20 to read as follows: 21 SEC. 36. THE DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 22 MANAGEMENT. 23 1. There is appropriated from the general fund of the state 24 to the department of homeland security and emergency management 25 for the fiscal year beginning July 1, 2016, and ending June 26 30, 2017, the following amounts, or so much thereof as is 27 necessary, to be used for the purposes designated: 28 For salaries, support, maintenance, and miscellaneous 29 purposes, and for not more than the following full-time 30 equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,114,812 32 2,229,623 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 35.95 34 2. The department of homeland security and emergency 35 -13- HF 2458 (3) 86 jm/rn/md 13/ 22
H.F. 2458 management may temporarily exceed and draw more than the amount 1 appropriated in this section and incur a negative cash balance 2 as long as there are receivables of federal funds equal to or 3 greater than the negative balance and the amount appropriated 4 in this section is not exceeded at the close of the fiscal 5 year. 6 3. It is the intent of the general assembly that the 7 department of homeland security and emergency management work 8 in conjunction with the department of public safety, to the 9 extent possible, when gathering and analyzing information 10 related to potential domestic or foreign security threats, and 11 when monitoring such threats. 12 Sec. 11. 2015 Iowa Acts, chapter 135, section 37, is amended 13 to read as follows: 14 SEC. 37. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 15 from the general fund of the state to the department of public 16 safety for the fiscal year beginning July 1, 2016, and ending 17 June 30, 2017, the following amounts, or so much thereof as is 18 necessary, to be used for the purposes designated: 19 1. For the department’s administrative functions, including 20 the criminal justice information system, and for not more than 21 the following full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,113,065 23 4,226,131 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 38.00 25 2. For the division of criminal investigation, including 26 the state’s contribution to the peace officers’ retirement, 27 accident, and disability system provided in chapter 97A in the 28 amount of the state’s normal contribution rate, as defined in 29 section 97A.8 , multiplied by the salaries for which the moneys 30 are appropriated, to meet federal fund matching requirements, 31 and for not more than the following full-time equivalent 32 positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,898,272 34 13,796,544 35 -14- HF 2458 (3) 86 jm/rn/md 14/ 22
H.F. 2458 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 159.00 1 162.00 2 The division of criminal investigation may employ two 3 of the three additional FTEs authorized pursuant to this 4 subsection that are in excess of the number of FTEs authorized 5 for the previous fiscal year only if the division of criminal 6 investigation receives sufficient federal moneys to maintain 7 employment for the additional two FTEs during the current 8 fiscal year. The division of criminal investigation shall only 9 employ the additional two FTEs in succeeding fiscal years if 10 sufficient federal moneys are received during each of those 11 succeeding fiscal years. 12 3. For the criminalistics laboratory fund created in 13 section 691.9 : 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 151,173 15 302,345 16 4. a. For the division of narcotics enforcement, including 17 the state’s contribution to the peace officers’ retirement, 18 accident, and disability system provided in chapter 97A in the 19 amount of the state’s normal contribution rate, as defined in 20 section 97A.8 , multiplied by the salaries for which the moneys 21 are appropriated, to meet federal fund matching requirements, 22 and for not more than the following full-time equivalent 23 positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,695,519 25 7,391,039 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 65.50 27 66.50 28 The division of narcotics enforcement may employ the 29 additional one FTE authorized pursuant to this lettered 30 paragraph that is in excess of the number of FTEs authorized 31 for the previous fiscal year only if the division of narcotics 32 enforcement receives sufficient federal moneys to maintain 33 employment for the additional FTE during the current fiscal 34 year. The division of narcotics enforcement shall only employ 35 -15- HF 2458 (3) 86 jm/rn/md 15/ 22
H.F. 2458 the additional one FTE in succeeding fiscal years if sufficient 1 federal moneys are received during each of those succeeding 2 fiscal years. 3 b. For the division of narcotics enforcement for undercover 4 purchases: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 54,521 6 109,042 7 5. For the division of state fire marshal, for fire 8 protection services as provided through the state fire service 9 and emergency response council as created in the department, 10 and for the state’s contribution to the peace officers’ 11 retirement, accident, and disability system provided in chapter 12 97A in the amount of the state’s normal contribution rate, 13 as defined in section 97A.8 , multiplied by the salaries for 14 which the moneys are appropriated, and for not more than the 15 following full-time equivalent positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,325,505 17 4,651,010 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 53.00 19 6. For the division of state patrol, for salaries, support, 20 maintenance, workers’ compensation costs, and miscellaneous 21 purposes, including the state’s contribution to the peace 22 officers’ retirement, accident, and disability system provided 23 in chapter 97A in the amount of the state’s normal contribution 24 rate, as defined in section 97A.8 , multiplied by the salaries 25 for which the moneys are appropriated, and for not more than 26 the following full-time equivalent positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,750,788 28 61,501,575 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 512.00 30 It is the intent of the general assembly that the division of 31 state patrol implement the endangered persons advisory alert 32 system. 33 It is the intent of the general assembly that members of the 34 state patrol be assigned to patrol the highways and roads in 35 -16- HF 2458 (3) 86 jm/rn/md 16/ 22
H.F. 2458 lieu of assignments for inspecting school buses for the school 1 districts. 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 139,759 7 279,517 8 8. For costs associated with the training and equipment 9 needs of volunteer fire fighters: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 412,760 11 825,520 12 a. Notwithstanding section 8.33 , moneys appropriated in 13 this subsection that remain unencumbered or unobligated at the 14 close of the fiscal year shall not revert but shall remain 15 available for expenditure only for the purpose designated in 16 this subsection until the close of the succeeding fiscal year. 17 b. Notwithstanding section 8.39 , the department of public 18 safety may reallocate moneys appropriated in this section 19 as necessary to best fulfill the needs provided for in the 20 appropriation. However, the department shall not reallocate 21 moneys appropriated to the department in this section unless 22 notice of the reallocation is given to the legislative services 23 agency and the department of management prior to the effective 24 date of the reallocation. The notice shall include information 25 regarding the rationale for reallocating the moneys. The 26 department shall not reallocate moneys appropriated in this 27 section for the purpose of eliminating any program. 28 9. For the public safety interoperable and broadband 29 communications fund established in section 80.44 : 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 77,330 31 154,661 32 10. For department-wide duties, including operations, 33 costs, and miscellaneous purposes: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,834,973 35 -17- HF 2458 (3) 86 jm/rn/md 17/ 22
H.F. 2458 Sec. 12. 2015 Iowa Acts, chapter 135, section 38, is amended 1 to read as follows: 2 SEC. 38. GAMING ENFORCEMENT. 3 1. There is appropriated from the gaming enforcement 4 revolving fund created in section 80.43 to the department of 5 public safety for the fiscal year beginning July 1, 2016, and 6 ending June 30, 2017, the following amount, or so much thereof 7 as is necessary, to be used for the purposes designated: 8 For any direct support costs for agents and officers of 9 the division of criminal investigation’s excursion gambling 10 boat, gambling structure, and racetrack enclosure enforcement 11 activities, including salaries, support, maintenance, and 12 miscellaneous purposes, and for not more than the following 13 full-time equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,449,004 15 9,528,227 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 102.00 17 72.00 18 2. For each additional license to conduct gambling games on 19 an excursion gambling boat, gambling structure, or racetrack 20 enclosure issued during the fiscal year beginning July 1, 2016, 21 there is appropriated from the gaming enforcement fund to the 22 department of public safety for the fiscal year beginning July 23 1, 2016, and ending June 30, 2017, an additional amount of not 24 more than $300,000 to be used for not more than 3 additional 25 full-time equivalent positions. 26 3. The department of public safety, with the approval of the 27 department of management, may employ no more than three special 28 agents for each additional riverboat or gambling structure 29 regulated after July 1, 2016, and three special agents for 30 each racing facility which becomes operational during the 31 fiscal year which begins July 1, 2016. Positions authorized 32 in this subsection are in addition to the full-time equivalent 33 positions otherwise authorized in this section. 34 Sec. 13. 2015 Iowa Acts, chapter 135, section 39, is amended 35 -18- HF 2458 (3) 86 jm/rn/md 18/ 22
H.F. 2458 to read as follows: 1 SEC. 39. CIVIL RIGHTS COMMISSION. 2 1. There is appropriated from the general fund of the state 3 to the Iowa state civil rights commission for the fiscal year 4 beginning July 1, 2016, and ending June 30, 2017, the following 5 amount, or so much thereof as is necessary, to be used for the 6 purposes designated: 7 For salaries, support, maintenance, and miscellaneous 8 purposes, and for not more than the following full-time 9 equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 584,770 11 1,169,540 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.00 13 2. The Iowa state civil rights commission may enter into 14 a contract with a nonprofit organization to provide legal 15 assistance to resolve civil rights complaints. 16 Sec. 14. 2015 Iowa Acts, chapter 135, section 40, is amended 17 to read as follows: 18 SEC. 40. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION. 19 1. There is appropriated from the general fund of the state 20 to the criminal and juvenile justice planning division of the 21 department of human rights for the fiscal year beginning July 22 1, 2016, and ending June 30, 2017, the following amounts, or 23 so much thereof as is necessary, to be used for the purposes 24 designated: 25 For salaries, support, maintenance, and miscellaneous 26 purposes, and for not more than the following full-time 27 equivalent positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 630,053 29 1,260,105 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.15 31 2. The criminal and juvenile justice planning advisory 32 council and the juvenile justice advisory council shall 33 coordinate their efforts in carrying out their respective 34 duties relative to juvenile justice. 35 -19- HF 2458 (3) 86 jm/rn/md 19/ 22
H.F. 2458 Sec. 15. Section 915.94, Code 2016, is amended to read as 1 follows: 2 915.94 Victim compensation fund. 3 A victim compensation fund is established as a separate 4 fund in the state treasury. Moneys deposited in the fund 5 shall be administered by the department and dedicated to and 6 used for the purposes of section 915.41 and this subchapter . 7 In addition, the department may use moneys from the fund 8 for the purpose of the department’s prosecutor-based victim 9 service coordination, including the duties defined in sections 10 910.3 and 910.6 and this chapter , and for the award of funds 11 to programs that provide services and support to victims of 12 domestic abuse or sexual assault as provided in chapter 236 , 13 to victims under section 710A.2 , for reimbursement to the 14 Iowa law enforcement academy for domestic abuse and human 15 trafficking training, and for the support of an automated 16 victim notification system established in section 915.10A . 17 For each fiscal year, the department may also use up to three 18 hundred thousand dollars from the fund to provide training 19 for victim service providers, to provide training for related 20 professionals concerning victim service programming, and 21 to provide training concerning homicide, domestic assault, 22 sexual assault, stalking, harassment, and human trafficking as 23 required by section 710A.6 . Notwithstanding section 8.33 , any 24 balance in the fund on June 30 of any fiscal year shall not 25 revert to the general fund of the state. 26 Sec. 16. Section 915.95, Code 2016, is amended to read as 27 follows: 28 915.95 Human trafficking victim fund. 29 A fund is created as a separate fund in the state treasury. 30 Moneys deposited in the fund shall be administered by the 31 department and dedicated to and used for awarding moneys to 32 programs that provide services and support to victims of human 33 trafficking under section 710A.2 , including public outreach and 34 awareness programs and service provider training programs , and 35 -20- HF 2458 (3) 86 jm/rn/md 20/ 22
H.F. 2458 for reimbursing the Iowa law enforcement academy for domestic 1 abuse and human trafficking training . Notwithstanding section 2 8.33 , any balance in the fund on June 30 of any fiscal year 3 shall not revert to the general fund of the state. 4 Sec. 17. 2014 Iowa Acts, chapter 1138, section 21, is 5 amended to read as follows: 6 SEC. 21. CONSUMER EDUCATION AND LITIGATION 7 FUND. Notwithstanding section 714.16C , for each fiscal 8 year of the period beginning July 1, 2014, and ending June 9 30, 2016 2018 , the annual appropriations in section 714.16C , 10 are increased from $1,125,000 to $1,875,000, and $75,000 to 11 $125,000 respectively. 12 Sec. 18. 2015 Iowa Acts, chapter 135, section 41, is amended 13 to read as follows: 14 SEC. 41. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 15 MANAGEMENT. There is appropriated from the E911 emergency 16 communications fund created in section 34A.7A to the department 17 of homeland security and emergency management for the fiscal 18 year beginning July 1, 2016, and ending June 30, 2017, the 19 following amount, or so much thereof as is necessary, to be 20 used for the purposes designated: 21 For implementation, support, and maintenance of the 22 functions of the administrator and program manager under 23 chapter 34A and to employ the auditor of the state to perform 24 an annual audit of the E911 emergency communications fund: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 26 250,000 27 Sec. 19. 2015 Iowa Acts, chapter 138, section 141, is 28 amended to read as follows: 29 SEC. 141. HUMAN TRAFFICKING ENFORCEMENT FUND. A human 30 trafficking enforcement fund is established, separate and apart 31 from all other public moneys or funds of the state, under 32 the control of the department of justice. The department 33 of justice shall deposit unencumbered or unobligated moneys 34 transferred from the mortgage servicing settlement fund 35 -21- HF 2458 (3) 86 jm/rn/md 21/ 22
H.F. 2458 into the fund. Moneys in the fund are appropriated to the 1 department of justice , and after consultation with the 2 commissioner of public safety and the director of the Iowa 3 law enforcement academy the moneys shall be used for purposes 4 of training local law enforcement, members of the state 5 patrol, county attorneys, judicial officers, juvenile court 6 officers, and public safety answering point personnel about 7 recognizing and reporting incidents of human trafficking , and 8 for reimbursing the Iowa law enforcement academy for domestic 9 abuse and human trafficking training . Any moneys remaining in 10 the fund on June 30, 2020, shall be transferred to the general 11 fund of the state. 12 Sec. 20. STATE PUBLIC DEFENDER PILOT PROJECT —— ATTORNEY 13 CHOICE —— EMERGENCY RULES. 14 1. Notwithstanding any other provision of the law to the 15 contrary, for each fiscal year for the period beginning July 1, 16 2016, and ending June 30, 2019, the state public defender may 17 establish a pilot project allowing an indigent person to choose 18 an eligible attorney to represent the person in the person’s 19 case that requires such representation. The state public 20 defender shall have sole discretion to establish the pilot 21 project in no more than four counties throughout the state. 22 The state public defender may coordinate with other agencies 23 and organizations in order to seek grant funding and to measure 24 the results of the pilot project. 25 2. The state public defender may adopt emergency rules under 26 section 17A.4, subsection 3, and section 17A.5, subsection 2, 27 paragraph “b”, to implement the provisions of this section of 28 this Act. Any rules adopted in accordance with this section 29 shall also be published as a notice of intended action as 30 provided in section 17A.4. 31 -22- HF 2458 (3) 86 jm/rn/md 22/ 22