House File 2492 - Reprinted HOUSE FILE 2492 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HSB 694) (As Amended and Passed by the House April 30, 2018 ) A BILL FOR An Act relating to appropriations to the justice system, and 1 including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 HF 2492 (2) 87 jm/rn/md
H.F. 2492 Section 1. 2017 Iowa Acts, chapter 167, section 27, is 1 amended to read as follows: 2 SEC. 27. 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, 2018, and ending June 30, 2019, 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,336,154 16 6,511,705 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 215.00 18 As a condition of receiving the appropriation provided 19 in this lettered paragraph, the department of justice shall 20 maintain a record of the estimated time incurred representing 21 each agency or department. 22 b. For victim assistance grants: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,508,354 24 5,016,708 25 The moneys appropriated in this lettered paragraph shall be 26 used to provide grants to care providers providing services to 27 crime victims of domestic abuse or to crime victims of rape and 28 sexual assault. 29 The balance of the victim compensation fund established 30 in section 915.94 may be used to provide salary and support 31 of not more than 24.00 full-time equivalent positions and to 32 provide maintenance for the victim compensation functions 33 of the department of justice. In addition to the full-time 34 equivalent positions authorized pursuant to this paragraph, 35 -1- HF 2492 (2) 87 jm/rn/md 1/ 22
H.F. 2492 5.00 full-time equivalent positions are authorized and shall 1 be used by the department of justice to employ one accountant 2 and four program planners. The department of justice may 3 employ the additional 5.00 full-time equivalent positions 4 authorized pursuant to this paragraph that are in excess of the 5 number of full-time equivalent positions authorized only if 6 the department of justice receives sufficient federal moneys 7 to maintain employment for the additional full-time equivalent 8 positions during the current fiscal year. The department 9 of justice shall only employ the additional 5.00 full-time 10 equivalent positions in succeeding fiscal years if sufficient 11 federal moneys are received during each of those succeeding 12 fiscal years. 13 The department of justice shall transfer at least $150,000 14 from the victim compensation fund established in section 915.94 15 to the victim assistance grant program. 16 Notwithstanding section 8.33 , moneys appropriated in this 17 paragraph “b” that remain unencumbered or unobligated at the 18 close of the fiscal year shall not revert but shall remain 19 available for expenditure for the purposes designated until the 20 close of the succeeding fiscal year. 21 c. For legal services for persons in poverty grants as 22 provided in section 13.34 : 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,152,301 24 2,304,601 25 2. a. The department of justice, in submitting budget 26 estimates for the fiscal year commencing July 1, 2019, pursuant 27 to section 8.23 , shall include a report of funding from sources 28 other than amounts appropriated directly from the general fund 29 of the state to the department of justice or to the office of 30 consumer advocate. These funding sources shall include but 31 are not limited to reimbursements from other state agencies, 32 commissions, boards, or similar entities, and reimbursements 33 from special funds or internal accounts within the department 34 of justice. The department of justice shall also report actual 35 -2- HF 2492 (2) 87 jm/rn/md 2/ 22
H.F. 2492 reimbursements for the fiscal year commencing July 1, 2017, 1 and actual and expected reimbursements for the fiscal year 2 commencing July 1, 2018. 3 b. The department of justice shall include the report 4 required under paragraph “a”, as well as information regarding 5 any revisions occurring as a result of reimbursements actually 6 received or expected at a later date, in a report to the 7 co-chairpersons and ranking members of the joint appropriations 8 subcommittee on the justice system and the legislative services 9 agency. The department of justice shall submit the report on 10 or before January 15, 2019. 11 3. a. The department of justice shall fully reimburse 12 the costs and necessary related expenses incurred by the Iowa 13 law enforcement academy to continue to employ one additional 14 instructor position who shall provide training for domestic 15 abuse and human trafficking-related issues throughout the 16 state. 17 b. The department of justice shall obtain the moneys 18 necessary to reimburse the Iowa law enforcement academy to 19 employ such an instructor from unrestricted moneys from either 20 the victim compensation fund established in section 915.94 , the 21 human trafficking victim fund established in section 915.95 , or 22 the human trafficking enforcement fund established in 2015 Iowa 23 Acts, chapter 138, section 141 . 24 Sec. 2. 2017 Iowa Acts, chapter 167, section 28, is amended 25 to read as follows: 26 SEC. 28. OFFICE OF CONSUMER ADVOCATE. There is appropriated 27 from the department of commerce revolving fund created in 28 section 546.12 to the office of consumer advocate of the 29 department of justice for the fiscal year beginning July 1, 30 2018, and ending June 30, 2019, the following amount, or so 31 much thereof as is necessary, to be used for the purposes 32 designated: 33 For salaries, support, maintenance, and miscellaneous 34 purposes, and for not more than the following full-time 35 -3- HF 2492 (2) 87 jm/rn/md 3/ 22
H.F. 2492 equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,568,794 2 3,137,588 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 4 Sec. 3. 2017 Iowa Acts, chapter 167, section 29, is amended 5 to read as follows: 6 SEC. 29. DEPARTMENT OF CORRECTIONS —— FACILITIES. 7 1. There is appropriated from the general fund of the state 8 to the department of corrections for the fiscal year beginning 9 July 1, 2018, and ending June 30, 2019, the following amounts, 10 or so much thereof as is necessary, to be used for the purposes 11 designated: 12 a. For the operation of the Fort Madison correctional 13 facility, including salaries, support, maintenance, and 14 miscellaneous purposes: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,359,525 16 41,079,882 17 b. For the operation of the Anamosa correctional facility, 18 including salaries, support, maintenance, and miscellaneous 19 purposes: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,413,582 21 32,164,148 22 c. For the operation of the Oakdale correctional facility, 23 including salaries, support, maintenance, and miscellaneous 24 purposes: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,745,767 26 60,314,427 27 d. For the operation of the Newton correctional facility, 28 including salaries, support, maintenance, and miscellaneous 29 purposes: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,830,610 31 28,061,220 32 e. For the operation of the Mount Pleasant correctional 33 facility, including salaries, support, maintenance, and 34 miscellaneous purposes: 35 -4- HF 2492 (2) 87 jm/rn/md 4/ 22
H.F. 2492 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,338,207 1 25,526,413 2 f. For the operation of the Rockwell City correctional 3 facility, including salaries, support, maintenance, and 4 miscellaneous purposes: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,860,229 6 10,458,861 7 g. For the operation of the Clarinda correctional facility, 8 including salaries, support, maintenance, and miscellaneous 9 purposes: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,542,703 11 24,780,950 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,197,045 21 22,594,090 22 i. For the operation of the Fort Dodge correctional 23 facility, including salaries, support, maintenance, and 24 miscellaneous purposes: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,883,498 26 29,660,231 27 j. For reimbursement of counties for temporary confinement 28 of prisoners, as provided in sections 901.7 , 904.908 , and 29 906.17 , and for offenders confined pursuant to section 904.513 : 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 787,546 31 1,575,092 32 k. For federal prison reimbursement, reimbursements for 33 out-of-state placements, and miscellaneous contracts: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 242,206 35 -5- HF 2492 (2) 87 jm/rn/md 5/ 22
H.F. 2492 484,411 1 2. The department of corrections shall use moneys 2 appropriated in subsection 1 to continue to contract for the 3 services of a Muslim imam and a Native American spiritual 4 leader. 5 Sec. 4. 2017 Iowa Acts, chapter 167, section 30, is amended 6 to read as follows: 7 SEC. 30. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. 8 There is appropriated from the general fund of the state to the 9 department of corrections for the fiscal year beginning July 10 1, 2018, and ending June 30, 2019, the following amounts, or 11 so much thereof as is necessary, to be used for the purposes 12 designated: 13 1. For general administration, including salaries and the 14 adjustment of salaries throughout the department , support, 15 maintenance, employment of an education director to administer 16 a centralized education program for the correctional system, 17 and miscellaneous purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,576,953 19 9,933,851 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 2492 (2) 87 jm/rn/md 6/ 22
H.F. 2492 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,033 29 28,065 30 5. For department-wide duties, including operations, costs, 31 and miscellaneous purposes: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 648,947 33 Sec. 5. 2017 Iowa Acts, chapter 167, section 31, is amended 34 to read as follows: 35 -7- HF 2492 (2) 87 jm/rn/md 7/ 22
H.F. 2492 SEC. 31. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 1 SERVICES. 2 1. There is appropriated from the general fund of the state 3 to the department of corrections for the fiscal year beginning 4 July 1, 2018, and ending June 30, 2019, for salaries, support, 5 maintenance, and miscellaneous purposes, the following amounts, 6 or so much thereof as is necessary, to be used for the purposes 7 designated: 8 a. For the first judicial district department of 9 correctional services: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,318,383 11 14,786,766 12 It is the intent of the general assembly that the first 13 judicial district department of correctional services maintain 14 the drug courts operated by the district department. 15 b. For the second judicial district department of 16 correctional services: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,691,870 18 11,433,739 19 It is the intent of the general assembly that the second 20 judicial district department of correctional services establish 21 and maintain two drug courts to be operated by the district 22 department. 23 c. For the third judicial district department of 24 correctional services: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,583,979 26 7,167,957 27 d. For the fourth judicial district department of 28 correctional services: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,789,961 30 5,679,922 31 e. For the fifth judicial district department of 32 correctional services, including funding for electronic 33 monitoring devices for use on a statewide basis: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,428,970 35 -8- HF 2492 (2) 87 jm/rn/md 8/ 22
H.F. 2492 21,557,940 1 It is the intent of the general assembly that the fifth 2 judicial district department of correctional services maintain 3 the drug court operated by the district department. 4 f. For the sixth judicial district department of 5 correctional services: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,356,583 7 14,713,165 8 It is the intent of the general assembly that the sixth 9 judicial district department of correctional services maintain 10 the drug court operated by the district department. 11 g. For the seventh judicial district department of 12 correctional services: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,888,671 14 7,777,341 15 It is the intent of the general assembly that the seventh 16 judicial district department of correctional services maintain 17 the drug court operated by the district department. 18 h. For the eighth judicial district department of 19 correctional services: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,042,261 21 8,084,521 22 2. Each judicial district department of correctional 23 services, within the funding available, shall continue programs 24 and plans established within that district to provide for 25 intensive supervision, sex offender treatment, diversion of 26 low-risk offenders to the least restrictive sanction available, 27 job development, and expanded use of intermediate criminal 28 sanctions. 29 3. Each judicial district department of correctional 30 services shall provide alternatives to prison consistent with 31 chapter 901B . The alternatives to prison shall ensure public 32 safety while providing maximum rehabilitation to the offender. 33 A judicial district department of correctional services may 34 also establish a day program. 35 -9- HF 2492 (2) 87 jm/rn/md 9/ 22
H.F. 2492 4. The governor’s office of drug control policy shall 1 consider federal grants made to the department of corrections 2 for the benefit of each of the eight judicial district 3 departments of correctional services as local government 4 grants, as defined pursuant to federal regulations. 5 5. The department of corrections shall continue to contract 6 with a judicial district department of correctional services to 7 provide for the rental of electronic monitoring equipment which 8 shall be available statewide. 9 6. The public safety assessment shall not be utilized 10 in pretrial hearings when determining whether to detain or 11 release a defendant before trial, and the use of the public 12 safety assessment pilot program shall be terminated as of the 13 effective date of this subsection, until such time the use of 14 the public safety assessment has been specifically authorized 15 by the general assembly. 16 Sec. 6. 2017 Iowa Acts, chapter 167, section 36, is amended 17 to read as follows: 18 SEC. 36. IOWA LAW ENFORCEMENT ACADEMY. 19 1. There is appropriated from the general fund of the 20 state to the Iowa law enforcement academy for the fiscal year 21 beginning July 1, 2018, and ending June 30, 2019, the following 22 amount, or so much thereof as is necessary, to be used for the 23 purposes designated: 24 For salaries, support, maintenance, and miscellaneous 25 purposes, including jailer training and technical assistance, 26 and for not more than the following full-time equivalent 27 positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 477,378 29 971,341 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 25.00 31 26.00 32 The Iowa law enforcement academy may temporarily exceed and 33 draw more than the amount appropriated in this subsection and 34 incur a negative cash balance as long as there are receivables 35 -10- HF 2492 (2) 87 jm/rn/md 10/ 22
H.F. 2492 equal to or greater than the negative balance and the amount 1 appropriated in this subsection is not exceeded at the close 2 of the fiscal year. 3 2. The Iowa law enforcement academy may select at least 4 five automobiles of the department of public safety, division 5 of state patrol, prior to turning over the automobiles to 6 the department of administrative services to be disposed 7 of by public auction, and the Iowa law enforcement academy 8 may exchange any automobile owned by the academy for each 9 automobile selected if the selected automobile is used in 10 training law enforcement officers at the academy. However, any 11 automobile exchanged by the academy shall be substituted for 12 the selected vehicle of the department of public safety and 13 sold by public auction with the receipts being deposited in the 14 depreciation fund to the credit of the department of public 15 safety, division of state patrol. 16 3. The Iowa law enforcement academy shall provide training 17 for domestic abuse and human trafficking-related issues 18 throughout the state. The training shall be offered at no 19 cost to the attendees and the training shall not replace any 20 existing domestic abuse or human trafficking training offered 21 by the academy. 22 Sec. 7. 2017 Iowa Acts, chapter 167, section 37, is amended 23 to read as follows: 24 SEC. 37. STATE PUBLIC DEFENDER. There is appropriated from 25 the general fund of the state to the office of the state public 26 defender of the department of inspections and appeals for the 27 fiscal year beginning July 1, 2018, and ending June 30, 2019, 28 the following amounts, or so much thereof as is necessary, to 29 be used for the purposes designated: 30 1. For salaries, support, maintenance, and miscellaneous 31 purposes, and for not more than the following full-time 32 equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,091,122 34 26,505,299 35 -11- HF 2492 (2) 87 jm/rn/md 11/ 22
H.F. 2492 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 223.00 1 2. For payments on behalf of eligible adults and juveniles 2 from the indigent defense fund, in accordance with section 3 815.11 : 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,722,224 5 35,144,448 6 Sec. 8. 2017 Iowa Acts, chapter 167, section 38, is amended 7 to read as follows: 8 SEC. 38. BOARD OF PAROLE. There is appropriated from the 9 general fund of the state to the board of parole for the fiscal 10 year beginning July 1, 2018, and ending June 30, 2019, the 11 following amount, or so much thereof as is necessary, to be 12 used for the purposes designated: 13 For salaries, support, maintenance, and miscellaneous 14 purposes, and for not more than the following full-time 15 equivalent positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 595,866 17 1,221,374 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.75 19 Sec. 9. 2017 Iowa Acts, chapter 167, section 39, is amended 20 to read as follows: 21 SEC. 39. DEPARTMENT OF PUBLIC DEFENSE. 22 1. There is appropriated from the general fund of the 23 state to the department of public defense, for the fiscal year 24 beginning July 1, 2018, and ending June 30, 2019, the following 25 amounts, or so much thereof as is necessary, to be used for the 26 purposes designated: 27 For salaries, support, maintenance, and miscellaneous 28 purposes, and for not more than the following full-time 29 equivalent positions: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,111,662 31 6,334,961 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 248.00 33 2. The department of public defense may temporarily exceed 34 and draw more than the amount appropriated in this section and 35 -12- HF 2492 (2) 87 jm/rn/md 12/ 22
H.F. 2492 incur a negative cash balance as long as there are receivables 1 of federal funds equal to or greater than the negative balance 2 and the amount appropriated in this section is not exceeded at 3 the close of the fiscal year. 4 Sec. 10. 2017 Iowa Acts, chapter 167, section 40, is amended 5 to read as follows: 6 SEC. 40. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 7 MANAGEMENT. 8 1. There is appropriated from the general fund of the state 9 to the department of homeland security and emergency management 10 for the fiscal year beginning July 1, 2018, and ending June 11 30, 2019, the following amounts, or so much thereof as is 12 necessary, to be used for the purposes designated: 13 For salaries, support, maintenance, and miscellaneous 14 purposes, and for not more than the following full-time 15 equivalent positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,060,964 17 2,123,610 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 33.87 19 2. The department of homeland security and emergency 20 management may temporarily exceed and draw more than the amount 21 appropriated in this section and incur a negative cash balance 22 as long as there are receivables of federal funds equal to or 23 greater than the negative balance and the amount appropriated 24 in this section is not exceeded at the close of the fiscal 25 year. 26 Sec. 11. 2017 Iowa Acts, chapter 167, section 41, is amended 27 to read as follows: 28 SEC. 41. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 29 from the general fund of the state to the department of public 30 safety for the fiscal year beginning July 1, 2018, and ending 31 June 30, 2019, the following amounts, or so much thereof as is 32 necessary, to be used for the purposes designated: 33 1. For the department’s administrative functions, including 34 salaries and the adjustment of salaries throughout the 35 -13- HF 2492 (2) 87 jm/rn/md 13/ 22
H.F. 2492 department, the criminal justice information system, and for 1 not more than the following full-time equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,071,566 3 6,631,377 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 37.00 5 2. For the division of criminal investigation, including 6 the state’s contribution to the peace officers’ retirement, 7 accident, and disability system provided in chapter 97A in the 8 amount of the state’s normal contribution rate, as defined in 9 section 97A.8 , multiplied by the salaries for which the moneys 10 are appropriated, to meet federal fund matching requirements, 11 and for not more than the following full-time equivalent 12 positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,795,272 14 14,463,083 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 160.00 16 162.00 17 a. As a condition of the appropriation in this subsection, 18 the division of criminal investigation shall expend up to 19 $200,000 to employ 2.0 full-time equivalent positions to assist 20 in expediting the processing and analysis of DNA samples. 21 b. The division of criminal investigation may employ two of 22 the three additional full-time equivalent positions authorized 23 pursuant to this subsection that are in excess of the number 24 of full-time equivalent positions authorized for the previous 25 fiscal year only if the division of criminal investigation 26 receives sufficient federal moneys to maintain employment for 27 the additional 2.00 full-time equivalent positions during the 28 current fiscal year. The division of criminal investigation 29 shall only employ the additional 2.00 full-time equivalent 30 positions in succeeding fiscal years if sufficient federal 31 moneys are received during each of those succeeding fiscal 32 years. 33 3. For the criminalistics laboratory fund created in 34 section 691.9 : 35 -14- HF 2492 (2) 87 jm/rn/md 14/ 22
H.F. 2492 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 151,173 1 302,345 2 4. a. For the division of narcotics enforcement, including 3 the state’s contribution to the peace officers’ retirement, 4 accident, and disability system provided in chapter 97A in the 5 amount of the state’s normal contribution rate, as defined in 6 section 97A.8 , multiplied by the salaries for which the moneys 7 are appropriated, to meet federal fund matching requirements, 8 and for not more than the following full-time equivalent 9 positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,726,650 11 7,585,873 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 66.50 13 The division of narcotics enforcement may employ an 14 additional 1.00 full-time equivalent position authorized 15 pursuant to this lettered paragraph that is in excess of 16 the number of full-time equivalent positions authorized for 17 the previous fiscal year only if the division of narcotics 18 enforcement receives sufficient federal moneys to maintain 19 employment for the additional full-time equivalent position 20 during the current fiscal year. The division of narcotics 21 enforcement shall only employ the additional full-time 22 equivalent position in succeeding fiscal years if sufficient 23 federal moneys are received during each of those succeeding 24 fiscal years. 25 b. For the division of narcotics enforcement for undercover 26 purchases: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 54,521 28 109,042 29 5. For the division of state fire marshal, for fire 30 protection services as provided through the state fire service 31 and emergency response council as created in the department, 32 and for the state’s contribution to the peace officers’ 33 retirement, accident, and disability system provided in chapter 34 97A in the amount of the state’s normal contribution rate, 35 -15- HF 2492 (2) 87 jm/rn/md 15/ 22
H.F. 2492 as defined in section 97A.8 , multiplied by the salaries for 1 which the moneys are appropriated, and for not more than the 2 following full-time equivalent positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,343,357 4 4,765,056 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 53.00 6 As a condition of receiving the appropriation in this 7 subsection, the commissioner of the department of public safety 8 shall appoint the administrator of the fire service training 9 bureau of the division of state fire marshal as provided in 10 section 100B.7. 11 6. For the division of state patrol, for salaries, support, 12 maintenance, workers’ compensation costs, and miscellaneous 13 purposes, including the state’s contribution to the peace 14 officers’ retirement, accident, and disability system provided 15 in chapter 97A in the amount of the state’s normal contribution 16 rate, as defined in section 97A.8 , multiplied by the salaries 17 for which the moneys are appropriated, and for not more than 18 the following full-time equivalent positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,683,170 20 62,126,287 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 511.40 22 It is the intent of the general assembly that members of the 23 state patrol be assigned to patrol the highways and roads in 24 lieu of assignments for inspecting school buses for the school 25 districts. 26 7. For deposit in the sick leave benefits fund established 27 under section 80.42 for all departmental employees eligible to 28 receive benefits for accrued sick leave under the collective 29 bargaining agreement: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 139,759 31 279,517 32 8. For costs associated with the training and equipment 33 needs of volunteer fire fighters: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 412,760 35 -16- HF 2492 (2) 87 jm/rn/md 16/ 22
H.F. 2492 825,520 1 a. Notwithstanding section 8.33 , moneys appropriated in 2 this subsection that remain unencumbered or unobligated at the 3 close of the fiscal year shall not revert but shall remain 4 available for expenditure only for the purpose designated in 5 this subsection until the close of the succeeding fiscal year. 6 b. Notwithstanding section 8.39 , the department of public 7 safety may reallocate moneys appropriated in this section 8 as necessary to best fulfill the needs provided for in the 9 appropriation. However, the department shall not reallocate 10 moneys appropriated to the department in this section unless 11 notice of the reallocation is given to the legislative services 12 agency and the department of management prior to the effective 13 date of the reallocation. The notice shall include information 14 regarding the rationale for reallocating the moneys. The 15 department shall not reallocate moneys appropriated in this 16 section for the purpose of eliminating any program. 17 9. For the public safety interoperable and broadband 18 communications fund established in section 80.44 : 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 57,831 20 115,661 21 10. For the office to combat human trafficking established 22 pursuant to section 80.45 as enacted by 2016 Iowa Acts, chapter 23 1077, section 1 , including salaries, support, maintenance, 24 miscellaneous purposes, and for not more than the following 25 full-time equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75,000 27 150,000 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 29 11. For department-wide duties, including operations, 30 costs, and miscellaneous purposes: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 917,487 32 Sec. 12. 2017 Iowa Acts, chapter 167, section 42, is amended 33 to read as follows: 34 SEC. 42. GAMING ENFORCEMENT. 35 -17- HF 2492 (2) 87 jm/rn/md 17/ 22
H.F. 2492 1. There is appropriated from the gaming enforcement 1 revolving fund created in section 80.43 to the department of 2 public safety for the fiscal year beginning July 1, 2018, and 3 ending June 30, 2019, the following amount, or so much thereof 4 as is necessary, to be used for the purposes designated: 5 For any direct support costs for agents and officers of 6 the division of criminal investigation’s excursion gambling 7 boat, gambling structure, and racetrack enclosure enforcement 8 activities, including salaries, support, maintenance, and 9 miscellaneous purposes, and for not more than the following 10 full-time equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,872,636 12 10,239,218 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 73.00 14 2. For each additional license to conduct gambling games on 15 an excursion gambling boat, gambling structure, or racetrack 16 enclosure issued during the fiscal year beginning July 1, 2018, 17 there is appropriated from the gaming enforcement fund to the 18 department of public safety for the fiscal year beginning July 19 1, 2018, and ending June 30, 2019, an additional amount of not 20 more than $300,000 to be used for not more than 3.00 additional 21 full-time equivalent positions. 22 3. The department of public safety, with the approval of the 23 department of management, may employ no more than three special 24 agents for each additional riverboat or gambling structure 25 regulated after July 1, 2018, and three special agents for 26 each racing facility which becomes operational during the 27 fiscal year which begins July 1, 2018. Positions authorized 28 in this subsection are in addition to the full-time equivalent 29 positions otherwise authorized in this section. 30 Sec. 13. 2017 Iowa Acts, chapter 167, section 43, is amended 31 to read as follows: 32 SEC. 43. CIVIL RIGHTS COMMISSION. 33 1. There is appropriated from the general fund of the state 34 to the Iowa state civil rights commission for the fiscal year 35 -18- HF 2492 (2) 87 jm/rn/md 18/ 22
H.F. 2492 beginning July 1, 2018, and ending June 30, 2019, the following 1 amount, or so much thereof as is necessary, to be used for the 2 purposes designated: 3 For salaries, support, maintenance, and miscellaneous 4 purposes, and for not more than the following full-time 5 equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 578,531 7 1,198,266 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 30.00 9 2. The Iowa state civil rights commission may enter into 10 a contract with a nonprofit organization to provide legal 11 assistance to resolve civil rights complaints. 12 Sec. 14. 2017 Iowa Acts, chapter 167, section 44, is amended 13 to read as follows: 14 SEC. 44. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION. 15 1. There is appropriated from the general fund of the state 16 to the criminal and juvenile justice planning division of the 17 department of human rights for the fiscal year beginning July 18 1, 2018, and ending June 30, 2019, the following amount or 19 so much thereof as is necessary, to be used for the purposes 20 designated: 21 For salaries, support, maintenance, and miscellaneous 22 purposes, and for not more than the following full-time 23 equivalent positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 593,917 25 1,209,410 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 9.56 27 2. The criminal and juvenile justice planning advisory 28 council and the juvenile justice advisory council shall 29 coordinate their efforts in carrying out their respective 30 duties relative to juvenile justice. 31 Sec. 15. 2017 Iowa Acts, chapter 167, section 45, is amended 32 to read as follows: 33 SEC. 45. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 34 MANAGEMENT. There is appropriated from the E911 911 emergency 35 -19- HF 2492 (2) 87 jm/rn/md 19/ 22
H.F. 2492 communications fund created in section 34A.7A to the department 1 of homeland security and emergency management for the fiscal 2 year beginning July 1, 2018, and ending June 30, 2019, the 3 following amount, or so much thereof as is necessary, to be 4 used for the purposes designated: 5 For implementation, support, and maintenance of the 6 functions of the administrator and program manager under 7 chapter 34A and to employ the auditor of the state to perform 8 an annual audit of the E911 911 emergency communications fund: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 10 250,000 11 Sec. 16. 2017 Iowa Acts, chapter 167, is amended by adding 12 the following new section: 13 NEW SECTION . SEC. 46. CONSUMER EDUCATION AND 14 LITIGATION —— FARM MEDIATION AND PROSECUTIONS, APPEALS, AND 15 CLAIMS. Notwithstanding section 714.16C, there is appropriated 16 from the consumer education and litigation fund to the 17 department of justice for the fiscal year beginning July 1, 18 2018, and ending June 30, 2019, the following amount, or so 19 much thereof as is necessary, to be used for the purposes 20 designated: 21 a. For farm mediation services as specified in section 22 13.13, subsection 2: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 24 b. For salaries, support, maintenance, and miscellaneous 25 purposes for criminal prosecutions, criminal appeals, and 26 performing duties pursuant to chapter 669: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 28 Sec. 17. Section 13.2, subsection 1, paragraph g, Code 2018, 29 is amended by striking the paragraph. 30 Sec. 18. NEW SECTION . 80.46 Public safety support trust 31 fund. 32 1. A public safety support trust fund is established in 33 the state treasury under the control of the department. The 34 department may receive and accept donations, grants, loans, and 35 -20- HF 2492 (2) 87 jm/rn/md 20/ 22
H.F. 2492 contributions in accordance with section 565.3 from any public 1 or private source for deposit into the trust fund. Moneys 2 credited to the trust fund are appropriated to the department 3 for the purpose of supporting the activities of the department. 4 2. Notwithstanding section 8.33, moneys in the trust fund 5 shall not revert. Notwithstanding section 12C.7, subsection 6 2, interest or earnings on moneys deposited in the trust fund 7 shall be credited to the trust fund. 8 Sec. 19. NEW SECTION . 719.9 Use of unmanned aerial vehicle 9 —— prohibitions. 10 1. As used in this section: 11 a. “Facility” means a county jail, municipal holding 12 facility, secure facility for the detention or custody 13 of juveniles, community-based correctional facility, or 14 institution under the management of the department of 15 corrections. 16 b. “Unmanned aerial vehicle” means a vehicle or device 17 that uses aerodynamic forces to achieve flight and is piloted 18 remotely. 19 2. A person shall not operate an unmanned aerial vehicle 20 knowing that the unmanned aerial vehicle is operating in, on, 21 or above a facility and any contiguous real property comprising 22 the surrounding grounds of the facility, unless the unmanned 23 aerial vehicle is operated by a law enforcement agency or the 24 person has permission from the authority in charge of the 25 facility to operate an unmanned aerial vehicle in, on, or above 26 such facility. 27 3. This section does not apply to an unmanned aerial 28 vehicle while operating for commercial use in compliance with 29 federal aviation administration regulations, authorizations, 30 or exemptions. 31 4. A person who violates this section commits a class “D” 32 felony. 33 Sec. 20. Section 904.310A, Code 2018, is amended by striking 34 the section and inserting in lieu thereof the following: 35 -21- HF 2492 (2) 87 jm/rn/md 21/ 22
H.F. 2492 904.310A Information or materials —— distribution. 1 1. Funds appropriated to the department or other funds made 2 available to the department shall not be used to distribute 3 or make available any commercially published information or 4 material to an inmate when such information or material is 5 sexually explicit or features nudity. 6 2. The department shall adopt rules pursuant to chapter 17A 7 to administer this section. 8 Sec. 21. EFFECTIVE DATE. The following, being deemed of 9 immediate importance, takes effect upon enactment: 10 The portion of this Act amending 2017 Iowa Acts, chapter 167, 11 section 31, prohibiting the utilization of the public safety 12 assessment in pretrial hearings. 13 -22- HF 2492 (2) 87 jm/rn/md 22/ 22